Brevard County Board of County Commissioners

Tuesday, July 19, 2022 9:00 AM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular July 19, 2022 A. CALL TO ORDER 9:02 AM Rollcall Commissioner District 1 Rita Pritchett, Commissioner District 3 John Tobia, Commissioner District 4 Curt Smith, and Commissioner District 5 Kristine Zonka Present: C. PLEDGE OF ALLEGIANCE: Commissioner Rita Pritchett, District 1 Commissioner Pritchett led the assembly in the Pledge of Allegiance. D. MINUTES FOR APPROVAL: May 3, 2022 Regular; July 5, 2022 Special The Board approved the May 3, 2022 Regular meeting minutes and the July 5, 2022 Special meeting minutes. Result: APPROVED Mover: Rita Pritchett Seconder: Curt Smith Ayes: Pritchett, Tobia, Smith, and Zonka E.1. Resolution acknowledging Amateur Radio Operators during the 2022 Atlantic Hurricane Season - District 4 Commissioner Smith read aloud, and the Board adopted Resolution No. 22-062, recognizing Amateur Radio Operators during the 2022 Atlantic Hurricane Season. Andrea Young expressed her appreciation for the Resolution. Result: ADOPTED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Tobia, Smith, and Zonka E.2. Resolution acknowledging Pretrial, Probation and Parole Supervision Week - District 4 Commissioner Smith read aloud, and the Board adopted Resolution No. 22-063, acknowledging and recognizing Pretrial, Probation, and Parole Supervision Week. A representative expressed her appreciation of the Resolution; she made a shout out to all her community partners, and introduced the Department of Corrections employees; she added there is also County probation, pretrial, their re-entry partners, and federal probation; and she noted they are all one big team in Brevard County. Result: ADOPTED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Tobia, Smith, and Zonka E.3. Resolution Proclaiming the Month of August 2022 as National Breastfeeding Month - District 1 Commissioner Pritchett read aloud, and the Board adopted Resolution No. 22-064, proclaiming Page 1 of 62 July 19, 2022 the month of August 2022 as National Breastfeeding Month. Jamie Lewis stated she is the nutrition program director for WIC program in Brevard County. She went on to say how invaluable breastfeeding is at this time with the national formula shortage and how much they appreciate the Board’s support. Result: ADOPTED Mover: Rita Pritchett Seconder: Curt Smith Ayes: Pritchett, Tobia, Smith, and Zonka F. CONSENT AGENDA (The entire Consent Agenda will be passed in one motion to include everything under Section F.) Commissioner Tobia asked to pull Item F.5., approval of funding recommendations for Fiscal Year 2022-2023 sports event grant; and Chair Zonka advised there is a card for Item F.1., resolution and State cost-share request. F.2. Approval, Re: Temporary Drainage Easement from A. Duda and Sons, Inc. and The Viera Company for the Stadium Parkway Segment E Infrastructure Improvements- District 4. The Board approved and accepted the Temporary Drainage Easement from A. Duda and Sons, Inc. and The Viera Company for the Stadium Parkway Segment E Infrastructure Improvements. Result: APPROVED Mover: Curt Smith Seconder: John Tobia F.3. Approval Re: Second Amendment to Interlocal Agreement Regarding St. Johns Heritage Parkway Intersection and Babcock Street - Districts 3 and 5 The Board executed and approved the Second Amendment to Interlocal Agreement Regarding St. Johns Heritage Parkway Intersection and Babcock Street providing for the third extension to October 27, 2022, for the City of Palm Bay to complete the right-of-way acquisition for the Phase 3; and authorized the County Manager to grant subsequent time extensions if requested by the City. Result: APPROVED Mover: Curt Smith Seconder: John Tobia F.4. Approval RE: Ratification of Emergency Purchase Order for Repair to Minton Road Bridge over the Tillman Canal - District 5 The Board approved the Emergency Purchase Order authorized by the County Manager for the repair to the Minton Road Bridge over Tillman Canal via after-the-fact ratification; and authorized any necessary Budget Change Requests associated with this action. Result: APPROVED Mover: Curt Smith Seconder: John Tobia F.6. Approval, Re: Authorizing Resolution, Grant Application and Execution of Follow-up Grant Agreement for SFY 2023 Florida Commission for the Page 2 of 62 July 19, 2022 Transportation Disadvantaged Trip & Equipment Grant The Board approved the following actions for the Trip and Equipment Grant from the Florida Commission for the Transportation Disadvantaged in the amount of $1,568,076: • authorized the Chair to sign the Adopted Authorizing Resolution No. 22-065; • authorized the Chair to sign the Grant Application; • authorized the Chair to execute the Grant Agreement, contingent upon County Attorney, Central Services, and Risk Management approval; • authorized you 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: Curt Smith Seconder: John Tobia F.7. Acknowledging receipt of FY 2020-2021 Audited Annual Financial Statements, ended September 30, 2021, from the Melbourne-Tillman Water Control District. The Board accepted the FY 2020-2021 Audited Annual Financial Statements, ended September 30, 2021, from the Melbourne-Tillman Water Control District. Result: APPROVED Mover: Curt Smith Seconder: John Tobia F.8. FY 2023 Proposed Budgets for Community Development Districts The Board acknowledged receipt of the FY 2023 Proposed Budgets for the following Community Development Districts: Baytree Community Development District, Heritage Isle at Viera Community Development District, Montecito Community Development District, Tranquility Community Development District, and Viera East Community Development District. Result: APPROVED Mover: Curt Smith Seconder: John Tobia F.9. Certification of Local Option Gas Tax (LOGT) Percentages Allocations The Board certified the revenue percentage allocation and authorized the Clerk’s Finance Department to submit the allocations to the Florida Department of Revenue (DOR) to establish the allocations for the upcoming year. Result: APPROVED Mover: Curt Smith Seconder: John Tobia F.10. Approval Re: Budget Change Requests The Board reviewed and approved the Budget Change Requests as submitted. Result: APPROVED Mover: Curt Smith Seconder: John Tobia F.14. Precinct Boundaries - Altered and Added (Chapter 101.001(1) F.S.) Page 3 of 62 July 19, 2022 The Board approved the revised precinct boundaries due to annexations by the City of Melbourne. Result: APPROVED Mover: Curt Smith Seconder: John Tobia F.15. Bill Folder The Board acknowledged receipt of the Bill Folder. Result: APPROVED Mover: Curt Smith Seconder: John Tobia F.1. Brevard County Shore Protection Beach Projects: Resolution and State Cost-Share Request Amanda Elmore, Natural Resources Management Assistant Director, stated this Item is a Resolution that is required as part of the Grant Application for up to $2.3 million of State cost-share for the restoration projects; there is a five year funding request table; and this is just for Fiscal year 2023/2024 for construction in the south beaches and continues monitoring in the mid, north, and south reach. Sandra Sullivan stated people love Brevard County beaches and the sand renourishment aspect is so important, but there is an area that she would request a modification for the mid reach area; that area has historically for 7.6 miles, been restricted from beach nourishment only dune renourishment because of the sensitivity of the near shore reef; in the abstract she has from the Florida Department of Emergency Management (FDOEM) report, it states a very cautious approach to the nourishment project, which may impinge on the area is suggested; the mid-reach is a 7.6 mile stretch through Satellite Beach was not restored historically because of environmental concerns; that portion of the coast has a hard rocky bottom, designated by State and Federal Fish and Wildlife Agencies as an essential fish habitat; and when it comes to these living reefs, not rocks, they are significant to the Indian River Lagoon, and protect sea turtles, fish, there is a hatchery for Pompano, one of the significant recreational and commercial fish of the nation, along with snook, tarpon, black drum, and red fish. She noted what concerns her, when she goes back on records, a report from the Natural Resources Director states she would address rock, reef, and pediments through evaluating options and selecting a preferred alternative to the Satellite Beach area; rock, reef, and pediments are protected by Federal and State laws, in other words, finding a loophole to circumvent those laws, which is exactly what was done; an artificial reef was placed approximately 12 miles south; she showed pictures of what the natural reef looks like, and what the artificial reef looks like; and she advised it was not even placed in the same zone, this was not placed in the near shore, it was placed in the intermediate. She continued on by saying the documents say that if this fails to perform, then no more sand renourishment will be done in this area; this is the third year monitoring there; she showed the Board pictures explaining one photo does not look like the other with macro-algae; she commented Brevard County is the largest sea turtle nesting area in the world because of these reefs as a food source and shelter; when one looks at the report that the Board is approving, the mid reach is getting much higher amounts of sand; and she showed another photo explaining this is what it looked like the last time in 2020. She shared that she has been attending these meetings for four years and has vehemently said this should not be done; and the Bureau of Ocean Energy (BOEM) by the Corp of engineers says it impacts sea turtles for three years. Page 4 of 62 July 19, 2022 Virginia Barker, Natural Resources Management Director, stated the Federal project to build and maintain the dunes along that shore line with very narrow beach is in order to minimize the impact to those rock reefs that are essential fish habitat; the project design went through full National Environmental Policy Act (NEPA) coordination with all the Federal agencies; part of this funding request is continued monitoring of the performance of those reefs; everything is in compliance with the permit conditions; they have built five acres of reef in order to mitigate for up to three acres, or 3.1 acres of potential habitat; and the reason why they mitigated at a higher than a one-to-one ratio is because when one creates a man-made mitigation system it is never expected to perform at 100 percent the same as the natural system that was impacted. She explained the way the agencies deal with that for any kind of development that has environmental impacts is by mitigating at a greater than one-to-one ratio; and she noted they have done that and the system continues to perform in compliance with the permits. The Board adopted Resolution No. 22-066, supporting the Brevard County Shore Protection Project; approved State grant cost-share funding, matched by local option tourist tax that is dedicated to the Beach Improvement Fund for shore protection projects; authorized the County Manager, with County Attorney, Risk Management, and Purchasing Services approval, to advertise and award projects, execute contracts, amendments and task or change orders, as required and in excess of $100,000, to secure State grant funds and accomplish work under State grants; and authorized necessary Budget Change Requests. Result: APPROVED Mover: Rita Pritchett Seconder: Curt Smith F.5. Approval, Re: Funding recommendations for FY 2022-2023 Sport Events Grant Peter Cranis, Tourism Development Office Executive Director, stated this is nine sports grants for the cycle one of next year in the amount of $94,252. Commissioner Tobia stated he thinks Mr. Cranis will get repetitive on this one, but he wants to give him the opportunity to do that; and he asked Mr. Cranis in regards to the Cocoa Beach half-marathon, if it was approved by the Tourist Development Commission (TDC). Mr. Cranis responded affirmatively. Commissioner Tobia asked Mr. Cranis if this is a one-year grant. Mr. Cranis responded affirmatively. Commissioner Tobia asked if this grant is paid prior or if it is reimbursable. Mr. Cranis responded all these grants are reimbursable. Commissioner Tobia advised Mr. Cranis is trying to cut him off at the pass; he commented he is going to do a couple more so they can pick up a pattern; and he inquired if the Space Coast soccer tournament was approved by the TDC. Mr. Cranis again responded affirmatively. Commissioner Tobia, inquired if this is a one year or a 30 year grant. Mr. Cranis advised it is a one-year grant. Page 5 of 62 July 19, 2022 Commissioner Tobia continued by asking if this grant is prior to, or reimbursable. Mr. Cranis replied it is reimbursable. Commissioner Tobia asked if the ACS Gateway to Space Race was approved by the TDC. Mr. Cranis responded once again in the affirmative. Commissioner Tobia inquired if it is a one-year grant. Mr. Cranis replied, yes. Commissioner Tobia inquired if the grant is paid prior to or if it is reimbursable. Mr. Cranis stated it is reimbursable. Commissioner Tobia stated he appreciates Mr. Cranis answering all of his questions; he informed the Board he still has to vote no; however, he does appreciate the fact that these are only one-year grants that are reimbursable, and that they all received a unanimous approval; and he asked Mr. Cranis if that is fair to say for all of the nine events. Mr. Cranis responded affirmatively. The Board of County Commissioners, in regular session on July 19, 2022, approved funding the following FY 2022-2023 Sports Grant applications: 1. Cocoa Beach Half Marathon (10/15/2022–10/16/2022) $13,076.25; 2. Space Coast Cup Soccer Tournament (11/11/2022-11/13/2022) $12,675.00; 3. Softball Magazine Senior Softball Camp (11/16/2022-11/19/2022) $3,725.00; 4. Florida Marathon Weekend (2/11/2023-2/12/2023) $14,895.00; 5. Moon Golf Invitational (2/19/2023-2/21/2023) $5,841.00; 6. Space Coast Showdown Soccer Tournament (3/2/2023-3/6/2023) $15,750.00; 7. Beach ‘n Boards Festival (3/8/2023-3/12/2023) $17,160.00; 8. ACS Gateway to Space Race (3/11/2023) $5,310.00; 9. Softball Magazine Spring Training (3/15/2023-3/18/2023) $5,820.00; Further, based on the facts specified, approved the Board make the following legislative finding by approving each grant listed above: Tourist Development Tax funds are authorized for each grant pursuant to Section 125.0104(5)(a)3., Florida Statutes, and Section 102-119(3)a, (5)a, and (6)a of the Brevard County Code of Ordinances, because each grant supports an activity or event which has as one of its main purposes the attraction of tourists as evidenced by the promotion of the activity, service, venue, or event to tourists from outside Brevard County; approved authority for Tourism Development Director to negotiate and sign all necessary agreements and related documents upon County Attorney, Risk Management, and Central Services approval; and authorized the County Manager to execute necessary Budget Change Requests. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett G. PUBLIC COMMENTS Page 6 of 62 July 19, 2022 Commissioner Smith stated since there are so many cards, he would like to make a motion that the Board change the time limit to two minutes. Commissioner Tobia inquired how many cards there are and for which item. Chair Zonka advised there are four Public Comment cards, seven for Item H, two for Item J.3., two for Item J.6, and 29 for Item I.1. Commissioner Tobia stated that’s about $1 million per card; and he thinks they should get the full time if that is a million dollars per card, but that is just his opinion. The Board approved changing the time limit for speaking to two minutes. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Smith, and Zonka Nay: Tobia PUBLIC COMMENTS Clint Wilson stated he is with RDI Aquatics; he has been trying to get money from Save Our Indian River Lagoon (SOIRL) to start a program aerating the canals because the canal is man-made and it is going to take a man-made solution to correct it; he has fought tooth and nail to hear a bunch of gibberish that he does not care for; this is just to notice the Board that he has made a video that he will be getting out to the citizens of Brevard County because the black tape that the County has getting into this mess, the hoops everybody has to jump through to get money from SOIRL, and that is one-half of a billion dollars with most of it going to infrastructure, and he does not agree with it; some infrastructure is fine, but not one-half of a billion dollars; and he noted his video is just his opinion. He noted there are 600,000 people who live in this County and he intends to make sure that everybody sees it; when the Board sees the video or an email from RDI, he does not want anyone to say they were blindsided; he wants everybody to see the video because next week it will be coming out on his website, QR codes and everything else; he is trying to get something done on the river, and they say the money is spent, no matter who he talks to; they say it’s all being spent on the river; however, it is being spent on a waste-treatment plants, sewer connections, retention ponds, media that throw in the retention ponds, and it is just not proper. He continued by saying everyday regular people that he has talked to are deceived as they thought the money was going to the river; he talked to SOIRL and they said it is going to the river by means of a sewer drain or waste treatment plant; he reiterated he does not agree with it; he wants everyone to know there is a video coming out; he will be sending an email to the Board to look at it; and he does not want the Board to say it was blindsided. Marcus Herman stated he is a 50-plus year resident of Merritt Island, a business owner, and currently the Chairman of the Merritt Island Redevelopment Agency (MIRA); about a week ago he had sent the Board Members all an email expressing his concerns and thoughts about a lack of representation for District 2; he is in attendance because he thought he should make his comments public and let the Board see the face upon the request; in his email he stated that he believed the Board should consider placing on hold all policies and ordinances specific to District 2 unless of course, those issues were related to safety or health of its constituents. He added he would like to clarify his position a little bit; if this Board is going to vote a no change Page 7 of 62 July 19, 2022 on an item in District 2, he sees no reason to hold that up, it is not going to make a difference in how things have currently been operating in District 2; if the vote is going to be a yes vote and it can have an adverse effect on District 2, he would respectfully request that the Board table said vote until District 2 has a proper representation; and he feels this should be done on any given subject that may come before the Board for the next few months until there is a District 2 Commissioner in place. He noted he wants to make it clear that this not an effort to hold up any one project or Agenda Item, it is more to create a fair and balanced representation for the constituents of District 2, and he appreciates the Board’s consideration. Sandra Sullivan stated she would like to talk about health and safety; of course the County has fire and police and that is great, but it has come to her attention that there is, for the Grand Canal project, under the Save Our Indian River Lagoon (SOIRL), a third subcontractor that has been let go; she has been told that there is no subcontractor currently doing interstellar treatment on that site; that is contrary to the statements that were made by the Natural Resources Management Director at the SOIRL meeting; and she was told that by the contractor that is being solicited to perform said services. She went on to say the issue with this site is that there is known contamination there; there are Polycyclic Aromatic Hydrocarbons (PAH) there which are petrol, arsenic, which is a class A carcinogen, copper which is a biocide, and the most concerning of all is Polyfluoroalkyl Substances (PFAS); she asked where these chemicals are being taken to; the County is taking the muck and it is not doing sufficient testing because she looked it up on Oculus for the State; the County only did 17 tests last year; she has contacted, but has not received a response acceptable from the County or the State on this issue, and now she hears there is no testing going on since March; that is when she came before the Board and asked it to put forth the conflict of interest letter from 19 entities, when there was no audit, when there was all of these other concerns, when she was being told she could not have public records until after a vote was taken, which was a violation of Sunshine; and while all of those things were going on, that was when the contractor was fired from the site. She inquired how the County is amending that material going out to know how much sand it should be amended with; and she advised it is putting lives at risk with the PFAS chemicals because this is just south of the drinking water source. Janice Scott stated as a former elected official and Mayor of Cocoa Beach, she wanted to bring to the attention of all the elected officials in Brevard County, after the campaigns and public events and one gets elected, it is very flattering to hear from people you never heard from before, people get to go to monthly Florida League of Cities wine and dine, and it is quite an ego trip; it begs the question, who do these elected officials serve, the voters who elected them, or the corporations; and with all the rubber chicken dinners, all those white rolls, it is very flattering, but she thinks it is imperative that elected officials take a personal inventory every day, every week, every month and ask themselves who they serve, and if it is the voters who elected them. H.1. Permission to Participate in and Accept the U.S. Dept. of Justice 2022 Edward Byrne Memorial Justice Assistance Grant - Brevard County Sheriff’s Office Chair Zonka called for public hearing on request from the Brevard County Sheriff's Office to participate and accept a grant from the United States Department of Justice for the Edward Byrne Memorial Justice Assistance Grant. Jill Hayes, Budget Office Director, stated this is a request from the Sheriff’s Office to participate and accept a grant from the United States Department of Justice for the Edward Byrne Memorial Justice Assistance Grant, with no match required. There being no further comments, the Board granted permission for the Brevard County Page 8 of 62 July 19, 2022 Sheriff’s Office to participate in and accept the 2022 Edward Byrne Memorial Justice Assistance Grant application; designated the Brevard County Sheriff’s Office as the point of contact; authorized the Sheriff, or his designee, to sign the applications for Federal Assistance SF-424 form; authorized the Chair to execute the necessary contractual agreements, modifications, and amendments; authorized the County Manager to execute the necessary Budget Change Requests; and provided the Sheriff’s Department with written approval. Result: APPROVED Mover: Rita Pritchett Seconder: John Tobia Ayes: Pritchett, Tobia, Smith, and Zonka H.2. Adoption of Proposed FY 2022-2023 Ad Valorem Millages Chair Zonka called for public hearing on a request to set the Fiscal Year 2022/2023 proposed millage rates. Jill Hayes, Budget Office Director, stated staff is requesting that the Board set the Fiscal Year 2022/2023 proposed millage rates and the Agenda attachment provides the Board with details on the 25 individual taxing districts that Brevard County is the taxing authority over; and all of the millage rates have been established in accordance with the Brevard County Charter cap limitations so, as property valuations increase, in order to comply with the charter limitations, the millage rates have all decreased. She continued by explaining for example, the general fund millage rate has decreased by 8.53 percent; the aggregate proposed millage rate is also equal to the rollback rate and has decreased by 8.58 percent; therefore, with this proposal the Board would not be advertising a tax increase for the final budget hearing, it would just be advertised as a notice of budget hearing. There being no further comments or objections, the Board approved the FY 2022-2023 Ad Valorem Millages for the purpose of notification to taxpayers by the Brevard County Property Appraiser; and recommended the County Manager to complete the Florida Department of Revenue’s Certifications of Taxable Value, form DR-420. Result: APPROVED Mover: Curt Smith Seconder: John Tobia Ayes: Pritchett, Tobia, Smith, and Zonka H.3. Health First, Inc.; and Health First Shared Services, Inc. (Kim Rezanka) requests a change of zoning classification from BU-1 and BU-2 to PUD, with waivers. (22PUD00001) (District 2) This item was previously tabled at the July 12, 2022 Board Meeting. Chair Zonka called for public hearing on a request to change the zoning classification from BU-1 and BU-2 to Planned Unit Development (PUD) with waivers; she advised that Commissioner Tobia is requesting Item J.6., modification of the Merritt Island Redevelopment Agency (MIRA) be combined with this Item since they are both related; and she mentioned unless the Board is in disagreement with that she is going to go ahead and combine those two Items. She advised she has to abstain from this Item because Health First is her employer and she will sign the correct form and have it filed; she will not be commenting on the issue; and she will be managing the meeting, addressing the Commissioners as they choose to speak, Page 9 of 62 July 19, 2022 and handle the cards, however, she will not be offering her opinion. Tad Calkins, Planning and Development Director, stated this is Health First Inc. and Health First Shared Services Inc. to change the zoning classification from BU1 and BU2 to PUD, with waivers; this is application 22PUD0001; it is located in District 2; as part of the PUD Zoning application, the Board is allowed to consider conditions; in this particular case, staff has included 10 conditions for the Board’s consideration which would allow the applicant to move forward and ease through some of the site plan approval, just identifying things that staff would be looking for as they move into that second phase of development; and if the Board has any questions on this Item he would be happy to answer them. Kim Rezanka stated she is representing Health First and Health First Shared Services regarding this transformational project; this is a PUD application; she is asking for the PUD zoning with the approval of the PDP; the Board has on the screen the draft concept which is the Planned Development Project (PDP); obviously full engineering has not yet been done and that is part of the list of the 10 conditions that Mr. Calkins referred to, to help move forward with the next process of the site plan; they have actually submitted mass-grading; and they are moving forward with the project under a hold-harmless Agreement because this has been delayed. She went on to thank staff, Planning, Engineering, Utilities, and Public Works, as they have met with them numerous times to move this project forward; she stated it is an amazing project; it has taken three years in development to get to where they are today; she has with her a variety of individuals who are involved with this process, Matt Gerrell who is CEO of retail services, Jonathan Flyte, Vice-President of Health First Facilities, Ken Good with Atkins Civil Engineering, and the project Manager, John Wilt who is the engineer of record, and Dan Perez, who is also an engineer with Atkins; and she noted everyone has put in a card. Matt Gerrell stated he will guarantee to keep his comments under two minutes; for over 85 years Health First has been supporting Brevard County; its physicians, nurses, and associates are all dedicated to improving the health and well-being of this community; this project is the next evolution and transformation of Health First where they are going to continue to provide healing-well services such as hospitals, ambulatory surgery center, medical office buildings, and add in living-well services such as retail, healthy food options, and childcare; there will not be a fast food restaurant, or donut shop, there will be no bar or alcohol on this village; however, there will be an educational center which will allow people to come in and receive free education on how they can make sure to keep themselves healthy. He continued by saying as part of the commitment to this process, they have engaged in the community by offering up multiple town halls; they were able to hear back from the community members; they offered up surveys and opportunities; he met with Harbor Del Rio Condominium Association representatives to hear their concerns; they had a few concerns regarding traffic and noise; they are working through that and he has provided his personal cell number and email, as well as committing to a monthly update and meeting with them once a quarter; and he noted they are there for the community and want to make the community better by improving and transforming healing-well and living-well services. Jonathan Flyte stated he is in attendance to help the Board see a little bit of Health First’s future plans; he showed a presentation on the screen and explained this is a bird’s eye view of the project; the northern one-third of the wellness village consists of the Cape Canaveral Hospital replacement; they have developed the concepts so all of their patient rooms have a view of the wellness village park, of the Indian River Lagoon to the northeast, or to the Rookery Conservation Area to the west; the remaining two-thirds of the Village is composed of the medical office building, a child daycare, a concierge, wellness retail, juice and coffee bars, healthy food hall, a spa, an education center, and a fitness center; and this concept allows Page 10 of 62 July 19, 2022 them to make a dramatic change in the character of the entire area by providing significant new green space and important health and wellness services. He went on to say the hospital itself is planned to have 300,000 square feet, 120 private beds, they will be designed to withstand a category 4 hurricane, and it will be elevated 13 feet to address the possibility of storm surge; in conjunction with the hospital is a $90,000 square foot medical office building; the first floors of the hospital and the medical office building open onto a park-like setting of the village which is on top of a two story garage; the next slide gives a view from directly above the site; it allows him to talk about the access onto the site; on the north it is bounded by East Merritt Avenue and working from left to right there is an entrance for the service and deliveries, the second entrance in the meddle is a connection to East Merritt Island Causeway for the ambulance entrance, and the third entrance is the access for emergency department patients who are driven in by car; on Boardman Avenue, which is the east side of the property, working from north to south, they have a same day surgery discharge, an entrance into the garage, and a public transportation drop-off and pick-up opportunity, and then a second entrance into the garage; however, the main entrance is off Highway 520. He stated for those people who enter the campus they would either proceed directly from 520 into the garage or they will take the West Perimeter Drive to the hospital entrance itself; this picture is a cross-section of the village from the perspective of standing on Boardman Drive and looking to the west; the ground level of the hospital and the central utility plant is shown at 13 feet elevation and is displayed on the right; on the left side of the cross section there is a two-story parking garage and other features that are arranged to marry-up to the hospital; the cross section view gives people a feeling of the three dimensional character of the project; and to assure efficient vertical movement within this project, there is a total of 19 elevators, so they are positioned to allow people to have good access to all services. He went on to say this slide is the ground level perspective of the hospital’s main entrance; one can note how the circular drive serves the main entrance, the glass connector on the right side will provide a protective walkway between the hospital and the medical office building; this rendering gives the perspective of standing in the wellness village park itself and looking at the south elevation of the hospital; the progressively stepped-back massing of the hospital prevents it from overpowering the community and the village; these slides provide a perspective of several other buildings within the wellness village itself; on the upper left, is the education center and on the upper right there is the healthy food hall; and on the lower left there is the retail building and on the lower right is the coffee bar. Ken Good stated his team has worked closely with staff to develop the waiver request which this process is revolving around; they got quite numerous and he is doing his best to keep them as refined as possible; these waivers principally focus on two components of the project, building height and building setbacks; they are not asking for an increase in density from the existing zoning; what these waivers will allow them to do is to cluster the development on this project to facilitate what was trying to be accomplished and allow them to create these park-like settings; without these waivers they end up with large big box expanses of parking, but by clustering everything together, pushing it to the edges, pushing it up, they can create these park areas that they would not normally have; and that’s really what the requests and waivers are revolving around. He commented he knows another question is going to come up on this is stormwater, how to develop all this, the site, the parking garage, and everything; they do have some plans in place and there will be some underground storage; currently on site there is little or no stormwater treatment; a lot of the runoff is just going straight off so when they finish this project all the runoff coming from this site will be treated, which it is not now, so it will improve the water quality overall; and that is all for the engineering side. Ms. Rezanka noted they are all there for questions; this was heard at a community meeting on April 25, at the site of the old Pro-Health; there was almost 50 people that showed up and talked to the members of Health First; there was a Merritt Island Redevelopment Agency Page 11 of 62 July 19, 2022 (MIRA) hearing on April 28, and it was unanimously recommended for approval, and Planning and Zoning on May 9 also unanimously recommended it for approval; they will be seeking the Board’s approval to change the BU-1 and BU-2 to a PUD with a preliminary PDP. Marcus Herman stated he just wanted to reiterate that MIRA did look at this project and unanimously voted for it; the variances that they were asking for seemed minor compared to the project they were bringing to Merritt Island and the difference it was going to make in the District 2 area; he sees no reason to not carry forward with this; MIRA vetted it well, they talked about bussing, parking, drainage, noise, and traffic and they were able to come together and convince MIRA that they are on top of these issues; MIRA thinks it is a very exciting plan and he does not think anyone does not think it is a game changer for Brevard County because it is a lot different than what people have seen in other hospitals; they are changing the structure; and to take that small piece of property and do what they are doing on it, is simply amazing, in his opinion. Commissioner Tobia stated he was listening to Mr. Herman’s public comment and he is not putting this together; and he asked if this is in District 2. Mr. Herman responded affirmatively. Commissioner Tobia asked if Mr. Herman’s argument five minutes ago was that there was no District 2 representative so to put on hold any Items since District 2 does not have that advocate; and he asked if that is a correct statement. Mr. Herman replied what he said was if it has not been vetted by someone in District 2, and MIRA is indeed right now the District 2, and they do a lot of work for that area; and this project happens to be in District 2 in the MIRA area; and he believes it has been fully-vetted. Commissioner Tobia reminded Mr. Herman his argument previously was there is not a Commissioner and for the Board to wait on items until there was a Commissioner. Mr. Herman explained if it was going to be a no vote and it was going to possibly have an adverse effect on that area, it should wait; and if it is not going to be an adverse effect then he sees no reason not to carry on. Commissioner Tobia stated he is trying to understand the difference between an elected official and an appointed body just in case it comes up at the next issue. Mary Jane Nail stated she is sad to see Health First go; she spoke with Larry Garrison when he was alive and suggested that they move the hospital and she is so glad to see that they have to a facility that is going to be very beneficial to the public; Brevard County is devoid of wellness, education, promotion, and living so she is very delighted to see that they are going in that direction; one thing that she has noted, recently she went to Miami, Florida, and she observed a Pritikin program and the Pritikin program, she found out after being in Miami and observing it, that it is Medicare-approved for cardiac patients; she then looked into that and found out that the nearest for people living in Brevard would be Orlando or Altamonte where they have the Pritikin program for heart patients; and the success ratio of people improving from their heart conditions is phenomenal. She added people have to qualify for this program. She continued on to say she thinks it is wonderful that they are putting this in and she is hoping they will look into the Pritikin program with the Pritikin people; she believes they are located in Missouri; and if they could add something like that closer for Brevard County residents, because people can literally turn their life around and live many years longer than they would normally live by going Page 12 of 62 July 19, 2022 on the Pritikin program. Chair Zonka inquired if Ms. Rezanka had anything she would like to follow up with. Ms. Rezanka advised Mr. Flyte stated they are looking into that Pritikin program. She noted she can answer any questions; other than that, she is just seeking the Board’s approval of the PUD zoning with the PDP. Commissioner Tobia asked how much overall this project is going to cost. Ms. Rezanka replied she knows they have been approved to issue $508 million in bonds for this project; and that is all she is authorized to say at this time because they are still evaluating. Commissioner Tobia clarified that is a little over half of a billion dollars potentially. Ms. Rezanka responded affirmatively. Commissioner Tobia asked roughly how many jobs are estimated to be created. Ms. Rezanka replied according to Mr. Flyte and Mr. Gerrell, 1,000 jobs. Commissioner Tobia asked if it is fair to say, the adding more beds would have a benefit to Brevard County and its residents. Ms. Rezanka announced she is going to let someone from Health First speak on these issues; she advised that she would agree but she is not authorized to speak on these issues. Commissioner Tobia commented all he needs is a yes; and the last question is this project will bring in $500 million, create 1,000 jobs, the County will have a direct benefit, and he asked how much they are asking for if the Board is giving money. Ms. Rezanka replied, they are not asking for anything, no public funds. Commissioner Tobia stated he is confused; they are bringing in $500 million, creating 1,000 jobs, and it is directly benefiting people in Brevard County, and he inquired again, they are not asking for any tax dollars. Ms. Rezanka responded that is correct. Commissioner Tobia noted he is still going to vote for it, but he asked if the no bars can be switched; he thanked the applicants for doing this without direct support; they have proved that it can be done; and he asked if they are a profit or a non-profit. Ms. Rezanka advised it will be non-profit, but part of it will be profit oriented; and some will generate taxes. Commissioner Tobia stated but overwhelmingly Health First is a non-profit, so they are doing this through that model as well. Ms. Rezanka responded affirmatively. There being no further comments or objections, the Board conducted the public hearing and Page 13 of 62 July 19, 2022 approved the request of changing the zoning classification from BU-1 (General Retail Commercial) and BU-2 (Retail Warehousing, and Wholesale Commercial) to PUD, with Waivers for Health First, Inc., and Health First Shared Services, Inc. Result: APPROVED Mover: John Tobia Seconder: Curt Smith Ayes: Pritchett, Tobia, and Smith Abstain: Zonka J.6. Direct staff to begin the process of modifying the Merritt Island Redevelopment Agency boundaries. Meeting went into Recess Meeting Reconvened Commissioner Tobia stated this is about redrawing some Merritt Island Redevelopment Agency (MIRA) boundaries; this is not about getting rid of MIRA, but about what the Board can do today to stop MIRA from getting more money; clearly MIRA does not need more tax dollars if they are spending money on signs with plans for multiple other signs in the near future; he displayed a photo of a sign; and he asked if Mr. Lallo was available to answer questions. He continued on by saying he will go over his questions, as he thinks he knows most of the answers; he noted this sign is over $21,000, $20,788 to be exact; in fact, there are two more currently in the plan, $60,000 in signs; the reason this is concerning to him is first, Merritt Island is not a city it is a nebulous area; Florida Statute 163.370 allows for Community Redevelopment Agency's (CRAs) to include housing for families or persons with low income; this Board has been confronted over and over and over again about a housing crisis and MIRA decided to spend $20,000 on a sign, when this money could be directly used for those individuals with low income; and it gets worse, they have plans for self-compacting big-belly trash cans and bike repair stations at transit shelters. He went on to say he thinks these are cool items but he does not think these are things that hit the level of affordable housing; more than $1,000 has been spent for conference travel; there is $2.1 million earmarked for mall overlay district, which he thinks that is not more important than affordable housing; he does not know where there is extra money in the County budget other than areas like this; and when he had those affordable housing folks, they were always asking for new money, there is money in the budget here that can go help and Florida Statute allows that, but instead MIRA decided to put up these signs. He continued on by saying what he is putting forth is that the Board draw out the new project that it just gave the exception for permitting, out of MIRA so that new delta in tax dollars will go into the general fund so it can be spent on things, and he would not mind earmarking it for affordable housing; this is direct dollars; he does not care and he cannot do this individually as a Board, but what he does not want is that it end up on more $20,000 signs; it is very difficult when folks come to his office and say they need affordable housing and he has to say that Merritt Island has pretty signs; and he noted he had asked the County Attorney and he has a motion to direct staff to begin the process of modifying the MIRA boundaries in accordance to Chapter 163 part three, Florida Statues, including but not limited to Section 163.361 to remove Health First Hospital complex located on Merritt Island from MIRA and to amend MIRA's redevelopment plan accordingly. He stated he asked the County Attorney if Chair Zonka could vote on this and he was informed she could not; initially he was a little disappointed on that, then he thought why can she not vote for it; the reason she cannot vote for it is because this would benefit her employer; there is a level of government that the State of Florida is saying is getting in the way of private enterprise, and today this Board has the ability Page 14 of 62 July 19, 2022 to take this new tax revenue and stop it from going to areas like this; in their plan they talk about the Merritt Island Mall competing with the Viera Mall and he thinks it is absolutely atrocious; and arguments will be made that MIRA may not like this, and he will say right now, MIRA does not like this because it gives them less dollars so they cannot put up more signs like this. He mentioned there is talk about the Health Village being tax exempt; there is 828,000 square feet; hospital space is only about 320,000 of that or about 38 percent; 25.12 according to them, is retail space, thus taxable, as is parking; this is hundreds of thousands of dollars or in terms MIRA can understand, five or six signs a year; he knows this is a little ridiculous but affordable housing is a crisis going on in Brevard County, as rent has gone up, and here is a way that the Board can focus funds to that without raising taxes; all it takes this Board to do is draw a line around there and to say that resource, instead of going to MIRA, that hinders private enterprise, the Board can help private enterprise and help people at the same time, or get more signs; and he is more than willing to answer any questions. Marcus Harmen stated first off he is certainly opposed to redistricting MIRA for a few different reasons; this Board may or may not know, but that parcel of land where Health First is looking to build a new hospital and wellness center used to be a Kmart shopping center; that shopping center created the tax base used in the MIRA District; since the building has been taken down many years ago, that tax base was considerably devalued; he sees no reason why MIRA should not recapture that tax base that it had once before so it could continue the good work that it does; he believes, as Commissioner Tobia alluded to, the hospital itself is a non-profit organization, so he thinks that is accurate; however, the wellness center on the other hand is a for-profit business and in that wellness center they have coffee shops, daycare, spa, health fair, gym, and all of those individual components through the MIRA area if someone had brought their business to MIRA, that would be subject to that tax base; and he sees no reason why this would not be the same. He continued by saying he does not believe there has ever been nor does he think there should be any lines redrawn in the District because a business of this size decides to move into the District; he reiterated he sees no reason to consider redrawing the lines on this parcel; the bottom line in his mind, is that this Commission charged MIRA with redevelopment and improve infrastructure and to remove blight among other functions; MIRA has done so and the result are projects like this coming before the Board today; and he thinks the work that MIRA is doing is the hallmark of redevelopment and this is one of the many projects showing that the Board’s plan is working. Commissioner Tobia stated he will allude back to Florida Statute 163.370 that explains what CRA money can be used upon, and it very clearly states that it is allowed to be used to provide housing for families or persons of low income; the money that was used for the sign he mentioned earlier, could be used to develop housing for low-income families; and he has one quick question, he asked if that $20,788 sign or low income housing, which is more important to Mr. Herman. He mentioned there are more signs coming but he is just asking about this one; and he stated it is one or the other. Mr. Herman stated he does not think it is one or the other, redevelopment is not one or the other. Commissioner Tobia inquired again which is more important; and he asked if Mr. Herman voted for the sign. Mr. Herman responded yes they did. Commissioner Tobia advised that is all he needed. Page 15 of 62 July 19, 2022 Mr. Herman advised this Board approved the MIRA plan. Chair Zonka thanked Mr. Herman. Mr. Herman advised that is not fair; he commented Commissioner Tobia is making accusations that are not fair and unjust. Chair Zonka advised if she had a nickel for every time someone disagreed with the Board she would be a rich Commissioner. Jack Ratterman inquired when was the last sign that was put on Merritt Island; Merritt Island is not a city but SpaceX and Blue Origin are up there, and those people are coming to Merritt Island to spend their dollar, he hopes; when Elon Musk comes down, he is going to see some rinky-dink sign and think the people are a bunch of yeehaws; it would be nice if he came and wanted to spend his money there and maybe invest more money that would lead to more taxes that the County could get; and he inquired when the last sing was placed on Merritt Island. Chair Zonka stated asked Mr. Ratterman to direct his comments to her. Mr. Ratterman stated he can tell the Board when it was; it was when Commissioner Pritchard was there, he put it up, then it was Nelson, and it stayed through Nelson, it stayed through four Commissioners, up to Commissioner Lober, almost 20 years; so after 20 years Merritt Island got another sign, plus that $20,000 that is 1,000 per year advertising for Merritt island; he reiterated Merritt Island is not a city; and he asked who is on MIRA’s behalf; and he asked what the other Districts do for low-income housing. He noted he does not think MIRA can buy property and turn it into low income housing; he does not think the Charter lets them do that; all the stuff about low income housing versus that sign is kind of a bad argument. Commissioner Tobia stated his secretary was there when that last sign was put up; it was kind of interesting when he looked it up, as it was placed there by volunteers; it was fund-raising, they did not waste tax dollars the same way MIRA wastes tax dollars; he does not know what Mr. Ratterman had for breakfast but Elon Musk does not drive around in a Tesla looking at signs like this; cars drive themselves now and the ones that do not, have GPS, as people do not rely on signs; this may make Mr. Ratterman feel good about himself, but people should stop thinking about this privilege that some people have and start thinking about the people who have trouble making ends meet so they can afford housing that is going up 15 or 20 percent; and that sign does not help them one iota. He mentioned he appreciates this, but he made a promise at the beginning that he would not vote for tax increases and there are resources here, and Mr. Ratterman may not agree with State Statute, but he has it, anyone can look through it, he received it from the County Attorney’s Office, and it is very clear; and he read, “providing housing for families and persons with low income”, Section 163.370; in his call, Mr. Ratterman and MIRA just made a bad decision by putting up a sign and planned for two more when it could be using that for low income housing; and there is probably more that needs to be done for low-income housing, not only in this area, but across the County, but it does not give anyone a license to waste more than $20,000 on a sign because Elon Musk is going to like it. Mr. Ratterman commented he would like to know what Commissioner Tobia’s District does for low-income housing and if he does anything personally for low income housing for people, for the homeless; he does, the guy that works with him is homeless, lives out tin the woods in front of the hood with his dad for the last four years; and after he works with him trimming trees all day, he goes out in the woods, no shower, and no air conditioning, and sleeps. Page 16 of 62 July 19, 2022 Chair Zonka explained this is getting a little off subject. Commissioner Tobia responded by asking Mr. Ratterman if he is bragging about paying someone such a low living wage that they cannot afford to stay elsewhere. Commissioner Pritchett stated Commissioner Tobia made a comment earlier, and she does not think MIRA does not care about homeless people, but Commissioner Tobia made a statement that caught her attention, that to remove this out of MIRA, that it is a benefit for Health First; and she asked if being in MIRA made it more of an issue for Health First trying to bring this development. Commissioner Tobia stated the Board heard from Ms. Rezanka that she, first of all, had to go through MIRA, so that is an initial step that they would not otherwise have to go through; this is not himself, but this is Chair Zonka, going through the County Attorney’s Office, advising that she has to recuse herself, and that is because there would be some benefit for this going away; therefore, he is inferring, because she cannot vote, and because she works for Health First and they would benefit, and the opposite of a benefit is a debit, hence it is not good for Health First; and he has not spoken with Health First directly, but the fact that Chair Zonka cannot vote for it is pretty clear that this is hindering Health First’s ability to move forward. Commissioner Pritchett noted that kind of caught her attention which makes it worthy of maybe an investigation moving forward; the struggle she has is having an elected body making decisions, she thinks that is important; that is what she is going to need to research and see if there is something different going on with MIRA, because that is not a normal CRA and it is not under an elected body like a city would be; she advised Commissioner Tobia that she is going to support this today to do some more research on it; it is not that she thinks the guys in MIRA are not good guys, she does not believe for a moment that they are willing to make anybody homeless; and sometimes people try to prove some points to make a few points, but she thinks it was a good point that the Board might be placing undue burdens on businesses right now that may not be necessary for their good. She continued by saying her recommendation is she thinks Merritt Island should work on incorporating soon and having an elected body that represents it. Commissioner Smith stated he thinks what Commissioner Tobia has mentioned has merit; he would also like to look into it further; he does not know that he is ready to vote for anything but he definitely thinks that Commissioner Tobia has some very good points; he also thinks that it is a very good idea; he always felt like the District 2 Commissioner was the mayor of MIRA because they do not have representation; however, he does think it is something worthwhile to think about and that maybe MIRA should go forward and become their own legislative body. Commissioner Tobia asked if he could restate the motion; he stated for the benefit of Commissioner Smith and because he, himself missed part of it, he advised this is only to begin the process so staff would have to bring this back to the Board; this would give the Board more time to investigate and MIRA more time to justify that sign and other things, therefore, this is not taking MIRA out of it, it is just beginning the process; it is his understanding that there would have to be another formal vote; and he reiterated the motion would stand but it is just to direct staff to begin the process, and if not, he will pause until the Board hears it again. He added he does not want to put staff through the arduous task of doing this and there being no opportunity for this to go through. The Board directed staff to begin the process of modifying the MIRA boundaries in accordance with Chapter 163, Part III, Florida Statutes, including but not limited to Section 163.361, to Page 17 of 62 July 19, 2022 remove the Health First Hospital complex located on Merritt Island from MIRA boundaries and to amend the MIRA Redevelopment Plan accordingly. Result: APPROVED Mover: John Tobia Seconder: Curt Smith Ayes: Pritchett, Tobia, and Smith Abstain: Zonka Chair Zonka mentioned she cannot comment on this specific issue, but she will say that she has been known, in the past, to express her thoughts on Merritt Island incorporating, mainly for their own benefit; however that is a separate issue that she is sure will be addressed in the future if the District 2 Commissioner coming in decides, or if the Board decides beforehand; she wants the people in the room to understand that it is not the Board’s fault that there is not a District 2 Commissioner; if the Board could unilaterally make decisions based on each Commissioner’s own District, then there would be no need for five people to be on the Board; and it is by no fault of this Board that there is not a District 2 Commissioner. Recess The Board recessed at 10:18 A.M. and reconvened at 10:29 A.M. I.1. DAD 1300 N. Atlantic Cocoa, LP Tourist Development Grant Meeting went into Recess Meeting Reconvened Glenn Wasserman, Chief Financial Officer of Driftwood Capital, stated he is joined by Carlos Rodiguez, Sr., Driftwood Capital’s chairman and Chief Executive, David Buttermier, Carlos’s partner and Chief Executive Officer of Driftwood Hospitality Management, the property management company, as well as other members of Driftwood Capital and Driftwood Hospitality Management; he will be providing a brief overview of the property which they are incredibly excited to develop; the outline of the grant application and the mechanics of how the grant calculations work, in addition to the economic benefits, the resort and convention center will aim to deliver to Brevard County, it’s residents, and other members of the business community; and before he begins he would like to thank the County Commissioners for considering the proposed grant, the County Attorney’s Office, who has worked diligently with them documenting the proposed grant, and the Tourism Development Council, for its willingness to assist in the process. He went on to say the new Westin Cocoa Beach Resort and Convention Center will replace the current International Palms Resort and create an iconic state-of-the–art resort and meeting facility designed by Gensler, a world-renowned architect; the mixed-use hospitality development embraces the space coast revival as a center of technology, innovation, and leisure; and the project is located on a 15.7 acre site boasting 500 linear feet of beachfront featuring the area’s only upper upscale hotel with 502 guest rooms and suites along with a wide variety of food and beverage venues including bars, a full service spa, multiple pools, and expansive resort amenities. He continued by saying the resort will also offer over 120,000 square feet of flexible indoor and outdoor meeting space making it the largest convention center and event venue in the County; the project is shovel ready, featuring all necessary entitlements, height variance approvals, and zoning requ