Brevard County Board of County Commissioners

Tuesday, September 17, 2024 9:00 AM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular September 17, 2024 A. CALL TO ORDER 9:00 AM Rollcall Commissioner District 1 Rita Pritchett, Commissioner District 2 Tom Goodson, Commissioner District 3 John Tobia, Commissioner District 4 Rob Feltner, and Commissioner District 5 Jason Steele Present: C. PLEDGE OF ALLEGIANCE: Commissioner John Tobia, District 3 Commissioner Tobia led the assembly in the Pledge of Allegiance. D. MINUTES FOR APPROVAL: July 23, 2024 Regular Meeting; August 6, 2024 Regular Meeting The Board approved the July 23 and August 6, 2024 regular meeting minutes. Result: APPROVED Mover: Tom Goodson Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele E.1. Resolution Acknowledging October 2024 as Domestic Violence Awareness Month (District 4) Commissioner Feltner read aloud, and the Board adopted Resolution No. 2024-086, declaring October 2024, as Domestic Violence Awareness Month. Cindy Mitchell, Salvation Army, expressed her appreciation to the Board for the Resolution; she stated October is a month that they focus on shining a light on domestic violence because it affects everyone; everyone knows someone affected by domestic violence; the more that they can educate and put information out there, it can help survivors and avoid tragedies in the community; she is in attendance with half of the domestic violence task force; and they are the most amazing professionals. She mentioned she cannot say enough about them; she is so proud to be their informal leader right now; they all have an amazing depth of knowledge and professionalism; and they really work as a team in this community. Result: ADOPTED Mover: Rob Feltner Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele E.2. Resolution recognizing September 2024 as National Suicide Prevention Month - District 5 Chair Steele stated that Resolution that just happened is an emotional resolution; another one today is the one he is going to talk about; it is on suicide; and everyone’s life is affected by this, not only with the abusive spouse situation, but on almost a weekly or monthly basis someone knows someone who has committed suicide that did not receive the help that was needed. He read aloud, and the Board adopted Resolution No. 2024-087, recognizing September 2024 as National Suicide Prevention Month. Johnette Gindling, Space Coast Health Foundation President and CEO, stated she is in attendance with representatives of 2-1-1 Brevard, Palm Point Behavioral, and a new Page 1 of 20 September 17, 2024 not-for-profit called Do It For Hunter; they have spent the last seven weeks gathering proclamations supporting suicide awareness and prevention from the cities in Brevard as well as the Brevard School Board; they also have the enthusiastic support of the four Chambers; the partnerships and collaborations in getting these proclamations and support show what can be done when working together as a community; and suicide is horrible, but she believes the community efforts to talk about mental health and the stigma associated with it are making a difference. She continued by saying in 2022, the latest data that she has from the Department of Health, there were 115 suicides on the Space Coast; that was the lowest number since 2014, which was 114; obviously one suicide is too many, but it looks as though they are trending in the right direction; she credits the Board and other community leaders for being forthright in addressing this serious issue and noting that mental health is a key component to overall health; proclamations like this one that was issued this morning show that the Board cares and that the Space Coast cares; and that is an enduring message the Board should be proud of. Commissioner Goodson advised that September 21 from 10:00 a.m. to 2:00 p.m. is ‘You Matter Day’ at Merritt Island High School; and Kelly is one of his constituents, so he asked everyone to attend if they can. Result: ADOPTED Mover: Jason Steele Seconder: Rob Feltner Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele E.3. Resolution acknowledging Early Learning Coalition on the success of the Dolly Parton Imagination Library - District 4 Commissioner Feltner read aloud, and the Board adopted Resolution No. 2024-088, acknowledging Early Learning Coalition on the success of the Dolly Parton Imaginary Library. Laura Gambino, Early Learning Coalition, introduced Alan Bergman and Darby Miller; she expressed their appreciation for the Resolution; she stated she wants to make sure everyone understands that 85 percent of a child’s development and success in school is developed before the age of five, their social, intellectual, as well as their personality; their partnership with the Dolly Parton imagination library is actually bringing books into homes; of the data research that they have pulled, there are almost 20,000 children in the County from birth to five years old; and the maximum level of support can go up to 17,000; therefore they are super excited about this partnership as it is helping children at their most critical time and helping families engage in literacy, family engagement, and helping parents be the best teachers they can be as the child’s first teacher. Alan Bergman, Early Learning Coalition Chair, expressed his appreciation for the recognition; he stated he appreciates the Board recognition and for realizing the value they have to the children of this community and the rest of the country; there is a strong network developing and realization that the children of the world need to be educated to deal with the technology and growth of society; as it stands, technology is growing faster than it was expected to; and there is a need for people to fulfill those job slots as time passes. He noted by preparing these children early on in life about the simple things, like numbers and reading, they are getting ready to take their first step into the world of academia which is going to be very demanding and they are going to need to fulfill those positions; and he thanked the Board for its time. Ms. Gambino advised there is a ribbon-cutting event today at 5:00 p.m. at their Melbourne Page 2 of 20 September 17, 2024 office, and welcomed anyone in the area to stop by. Result: ADOPTED Mover: Rob Feltner Seconder: Tom Goodson Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele F. CONSENT AGENDA (The entire Consent Agenda will be passed in one motion to include everything under Section F.) Chair Steele advised there is a card for Item F.1.; Commissioner Tobia is pulling Item F.4.; and Commissioner Tobia is voting nay on Item F.17., with no comment. F.1. Indian River Lagoon (IRL) Council Grant Contract# IRL2024-08 - Citizen Science Stormwater Pond Monitoring and Maintenance Pilot Program (All Districts) Chuck Sheridan stated the citizens of Brevard County have given a lot of money with the half-cent sales tax, to the Indian River Lagoon Project; he is in favor of it as he is catching fish now in his back yard; he noted the County has a resource that it is not exploring; when the property was acquired in the 60’s by eminent domain, the eminent domain Federal law states that it shall only be used for Federal purposes; and there are a lot of private sector businesses at the Space Center right now. He continued by saying in 1974 Gerald Ford, when he created Merritt Island Wildlife Refuge, H855, stated that when NASA no longer had a mission, the property that the County and Titusville donated would go back to the County; it should only be used for other governmental agencies that are non-military; should NASA ever lease facilities to the private sector, that they be subject to the same taxes as a landsite, offsite, so as not to create an unfair advantage; State law 196.199(2)b says that private businesses shall be taxed, only as a tangible property tax if rentals are due; if no rentals are due, the leaseholds shall be subject to property tax and sales tax; Bank of America owns a $278 million facility out there that they lease to Blue Origin that is located on Federal land and zoned agricultural; and they only paid $7,000 in school taxes last year. He commented the County could solve a lot of its property taxes and Lagoon taxes if the County were to pursue that; and the facilities are here and they are not going to go away. Chair Steele asked if that was just public comment because Item F.1. has nothing to do with what he just said. Mr. Sheridan inquired if it had something to do with a grant. Chair Steele mentioned it really has to do with the pilot program that the County is trying to establish to involve HOAs. F.4. Legislative Intent and Permission to Advertise Amendments to Chapter 62, Article II, Division 3, “Planning and Zoning Board,” Brevard County Code of Ordinances, Specifically Amending Section 62-182, “Membership; Appointment and Term of Members” , Section 62-184, “Officers; Rules of Procedure; Quorum,” and Section 62-185, “Records; Regular and Special Meetings,” and Repealing and Reserving Section 62-183, “Alternate Members.” Commissioner Tobia stated he is fully in support of this Item, this just expands it a little more; this is permission to advertise so the Board cannot do it after the fact; the motion he would have would be to move to adopt legislative intent and permission to advertise as outlined in the Agenda Report with additional direction to make the necessary changes to align the voting membership of the board with the minimum requirements found in Florida Statute 163.3174 Page 3 of 20 September 17, 2024 and relevant interlocal agreements. Chair Steele inquired if that is a motion. Commissioner Tobia advised that would be the motion. Chair Steele asked if the County Attorney has anything to say on the matter. Morris Richardson, County Attorney, stated he understands the motion and the County can definitely accomplish that with the ordinance. The Board approved legislative intent and permission to advertise amendments to Chapter 62, Article II, Division 3, “Planning and Zoning Board,” Brevard County Code of Ordinances, to amend Section 62-182, “Membership; Appointment and Term of Members” to increase the number of regular Planning and Zoning Board members to fifteen (15), to modify certain terms of appointment, perform cleanup and clarification within Sections 62-184, “Officers; Rules of Procedure; Quorum,” and 62-185, “Records; Regular and Special Meetings,” and repealing and reserving Section 62-183, “Alternate Members”; and directed the Planning and Development Director to make the necessary changes to align the voting membership of the board with the minimum requirements found in F.S. 163.3174 and relevant Interlocal Agreements. Result: APPROVED Mover: John Tobia Seconder: Tom Goodson F.1. Indian River Lagoon (IRL) Council Grant Contract# IRL2024-08 - Citizen Science Stormwater Pond Monitoring and Maintenance Pilot Program (All Districts) The Board authorized and executed the Grant Contract; and authorized the County Manager to execute any future amendments to this Contract and approve related Budget Change Requests. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.2. Waiver Request, Re: Waiver of Wall Requirement for Met-Con Site Plan (24SP00002 and 24WV00022) District 1 The Board granted a waiver of Section 62-3202(h)(10), which requires a six-foot masonry or solid wall when commercial developments within a BU-1, BU-2, or Industrial are adjacent to residential zoning. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.3. Approval RE: Creation of Board Policy BCC-67, “Process to Issue Temporary Certificates of Occupancy and Stocking & Training Permits for Commercial Purposes Only” The Board approved the proposed Board Policy BCC-67, addressing the issuance of Temporary Certificates of Occupancy (TCO), Stocking and Training Permits (STP) and the accompanying Hold Harmless Agreement. Result: APPROVED Page 4 of 20 September 17, 2024 Mover: Rita Pritchett Seconder: Rob Feltner F.5. Approval Re: Local Agency Program Agreement and Resolution with the State of Florida Department of Transportation for the Brevard County Intelligent Transportation System Operational Support - Countywide The Board adopted and executed the Local Agency Program Agreement and Resolution No. 24-089 with Florida Department of Transportation (FDOT) for the Brevard County Intelligent Transportation System Operational Support Project FPN 428930-1-88-01; authorized the Chair to execute any necessary Supplemental Agreements (amendments) and Resolutions contingent upon review by the County Attorney’s Office, Risk Management, and Purchasing Services; and approved any necessary Budget Change Requests associated with this request. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner F.6. Approval, Re: Dedication of Sidewalk Easement from DJD Real Estate Holdings, LLC for the Columbia Lane Construction Project - District 5. The Board accepted the Sidewalk Easement from DJD Real Estate Holdings, LLC for the Columbia Lane Construction Project. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.7. Approval, Re: Special Warranty Deed for Right of Way from Chaparral Properties, LLC for the Chaparral P.U.D. Phase One Subdivision - District 5 The Board approved and accepted the Special Warranty Deed for a right-of-way from Chaparral Properties, LLC for the Chaparral P.U.D. Phase One Subdivision. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.8. Approval, Re: Dedication by Warranty Deed for Tract EE of Farallon Fields at Viera - Phase 2 and Bill of Sale from The Viera Company, all Related to Lift Station W-48 - District 4. The Board accepted the Warranty Deed for Tract EE of Farallon Fields at Viera – Phase 2 and Bill of Sale from The Viera Company, all related to Lift Station W-48. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.9. Approval, Re: Dedication of Sanitary Sewer Easements from Pulte Home Company, LLC and Del Webb At Viera Homeowners Association, Inc. for the Del Webb Village 2 Neighborhood 8 Amenity Center Project - District 4. The Board approved and accepted Sanitary and Sewer Easements from Pulte Home Company, LLC and Del Webb at Viera Homeowners Association, Inc. for the Del Webb Village 2 Neighborhood 8 Amenity Center Project. Result: APPROVED Page 5 of 20 September 17, 2024 Mover: Rita Pritchett Seconder: Rob Feltner F.10. Utility Service and Pre-Annexation Agreement with City of Melbourne for Wickham Road Public Works and Fleet Services Facility The Board approved and executed a Utility Service and Pre-Annexation Agreement with the City of Melbourne in substantially the form attached to this report, subject to County Attorney approval. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.11. Amended Resolution 88-246 to Update the South Central Mainland Reuse Service District Boundary (District 4). The Board adopted Resolution No. 24-090, amending Resolution No. 88-246, to update the South Central Mainland Reuse Service District Boundary. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner F.12. Approval, Re: State Aid to Libraries FY 2024-2025, Grant Application with the Florida Department of State, Division of Library Services. The Board approved and authorized the Chair to execute the State Aid to Libraries Grant Agreement Application, Certification of Hours, Free Library Service, and Access to Materials once available; approved and authorized the County Manager to execute any follow-up agreements, amendments, or modifications contingent upon approval of Risk Management and the County Attorney; and approved and authorized the County Manager to execute any necessary Budget Change Requests. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.13. Re: Approval of the Revised Board Policy BCC-25, “Procurement.” The Board approved revisions to Board Policy BCC-25, Procurement. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.14. Acceptance and Approval of Internal Audit Reports The Board acknowledged and approved the Internal Auditors’ Reports. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.15. Appointment(s) / Reappointment(s) The Board appointed/reappointed Ronald Nost to the Contractors' Licensing Board, with said term to expire September 17, 2026; Constantine Daniel to the Brevard County Library System Advisory Board, with said term to expire October 1, 2026; and Erika Orriss to the Planning and Page 6 of 20 September 17, 2024 Zoning Board, with said term to expire on September 17, 2026. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.16. Bill Folder The Board acknowledged receipt of the Bill Folder. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.17. Approval, RE: Resolution to FDOT Requesting Reduction of Speed Limit on US192 between I-95 and Simon Road - District 5 The Board approved and adopted Resolution No. 24-091, determining that it is necessary to reduce the speed limit for all vehicles on the segment of U.S. Highway 192 between Simon Road and Interstate 95 from 55 miles per hour to 45 miles per hour, and requesting that the Florida Department of Transportation (FDOT) reduce the speed limit on such segment of US 192 accordingly from 55 miles per hour to 45 miles per hour. Result: ADOPTED Mover: Rita Pritchett Seconder: Rob Feltner F.18. Permission to Advertise for a Public Hearing to consider the Edward Byrne Memorial Justice Assistance Grant - Local Solicitation a grant application for Brevard County. The Board granted permission to advertise for a public hearing to consider the Edward Byrne Memorial Justice Assistance Grant Application; and authorized the Chair to sign the necessary documents. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner F.19. Precinct Boundaries - Altered and Added (Chapter 101.001(1) F.S.) The Board approved the revised precinct boundaries due to an annexation by the City of Melbourne. Result: APPROVED Mover: Rita Pritchett Seconder: Rob Feltner G. PUBLIC COMMENTS (Individuals may not speak under both the first and second public comment sections.) Reverend Johnnie Dennis stated he is in attendance to talk about HB1365; let the record show that he served each Commissioner with a copy of a petition and also what he is going to call a grievance; for his birthday back in May, he took the Brightline Train to Fort Lauderdale; when he got to Fort Lauderdale, on one side was a city bus terminal, but in the middle for miles there were homeless camps; he said to himself he prays to God that the City of Cocoa and Brevard County does not get into this situation; but there is a homeless crisis in Brevard County that is not being addressed. He went on by saying since March he has been advocating for the Page 7 of 20 September 17, 2024 homeless shelter and a homeless tent city with the City of Cocoa; where the Mayor endorses BCI as being the next County-ran and operated shelter, but he has been pushing for a tent city; if the tent city is approved, his organization, National Action Network, will personally supply pallets for floors, under tents, garbage bags free for the next six months; he had a meeting with the City Manager last week and he provided him a copy of the draft, which he has been aware of HB1365 since it was passed into law, and he personally thinks it is un-Godly and an inhumane law; but on the other hand, it shows America what its leaders have been ignoring, the homeless crisis. He commented this needs to be addressed before it gets out of hand; it makes people safer to have homeless shelters; he knows for a fact that everybody is not going to attend them, but the jail is overcrowded because of loitering, trespassing, and prowling, which jail should not be for a homeless person; there should be tent cities in Cocoa and the County, and a shelter; the petition he filed means that the City cannot run off on its own and set up anything; he has been talking with the City since March on potential sites, but they need the approval of the County Commission and Department of Children and Families (DCF) to get something going; and as the Board can see he submitted a copy and he wants the record to show that he needs help in getting something for the homeless population, it has to be addressed. He stated he has heard a lot of excuses from the City of where the money is going to come from; he told the City it did not have a problem coming up with $5 million to give to Brightline and it did not have an issue coming up with $20,000 to put in vegetation and three fish ponds, and that it needs to get a grant; there is always a way to come up with money, even if they have to go to a half-cent tax to get something going for the homeless; this is an inhumane issue and there is only two more weeks before it goes into effect; and in January, fines will start flying. H.1. Petition to Vacate, Re: Public Utility & Drainage Easement - 837 Suntree Woods Drive - “Suntree Woods” Plat Book 40, Page 15 - Melbourne - Edward R. and Nilsa R. Andres - District 4 Chair Steele called for a public hearing on a petition to vacate a public utility and drainage easement requested by Edward R. and Nilsa R. Andres located at 837 Suntree Woods Drive in Melbourne. There being no comments or objections, the Board adopted Resolution No. 24-092, approving a request by Edward R. and Nilsa R. Andres to vacate a public utility and drainage easement located at 837 Suntree Woods Drive in Melbourne. Result: ADOPTED Mover: Rob Feltner Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele H.2. Approval of a Rate Resolution to Impose Non-Ad Valorem Special Assessment for the State’s Medicaid Managed Care for Direct Payment Program for Local Hospitals Chair Steele called for a public hearing on a request for a rate resolution to impose non-ad valorem special assessment for the State’s Medicaid Managed Care for direct payment Program for local hospitals. There being no comments or objections, the Board adopted Rate Resolution No. 24-093, imposing non-ad valorem special assessments against private for-profit and non-profit local hospitals holding a right of possession and right of use to real property in Brevard County for the State’s Medicaid Managed Care for Direct Payment Program; authorized the Chair to sign Page 8 of 20 September 17, 2024 the Resolution; and authorized the County Manager to execute necessary budget change requests to implement the non-ad valorem special assessment program for the Medicaid Managed Care for Direct Payment Program for local hospitals and to execute the Letter of Agreement with the State of Florida authorizing the County’s participation to this Program. Result: APPROVED Mover: Rita Pritchett Seconder: Tom Goodson Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele J.1. Approval, Re: FY 2024-25 Tourist Development Council (TDC) Reimbursable Capital Facilities Grant Recommendation for the Cape Canaveral Lighthouse Foundation (CCLF) Phase 2 project for additional cottages on the Cape Canaveral Space Force Station. Chair Steele stated he would like to poll the Board on where they are on this; and he inquired where Commissioner Tobia is at on the subject. Commissioner Tobia advised he will be supporting the Chair’s decision at the Tourist Development Council. Chair Steele called on Commissioner Pritchett. Commissioner Pritchett advised she needs to hear some discussion at this point she is undecided. Chair Steele advised that means he will go ahead with the cards. Ron Ecker stated he is the president of the Cape Canaveral Lighthouse Foundation; the Foundation was founded in 2002 to help the Air Force run the lighthouse; right now there are over 600 members, plus another 150 active volunteers; the goal as a foundation, was to rebuild the footprint of the light station; in 2018 they received $500,000 from the Commission and built phase one which was the head lighthouse keepers cottage, the restrooms, and a storage facility; they are back this year to seek another $775,000 to complete two more cottages which would consist of an educational cottage and then a replica cottage; and they feel it is important to do this. Jamie Draper stated he is the Director of the Cape Canaveral Space Force Museum; the Cape Canaveral Space Force Station boasts 74 years of launch activity from Florida’s Space Coast; he stated a fledgling company only decades old built a brick lighthouse in 1848 to warn passing seafarers of dangerous shoals off of Cape Canaveral; the Iron Lighthouse that stands today replaced it in 1868; the Cape Canaveral Lighthouse connects visitors to three separate centuries of American history; in seeking a site for a new missile testing location, the US government saw a Federal foothold on the Cape due to existence and operation of the Cape Canaveral Lighthouse; and the significance of the Cape Canaveral Lighthouse is unmatched and stands as part of the DNA of the Cape Canaveral Space Force Station. He continued by saying the lighthouse has witnessed over 8,000 launches from Florida’s Space Coast; the lighthouse foundation introduces thousands of visitors each year to the rich history of the Cape to see not only the lighthouse, but to experience and learn about the history of the US Space Program; Space Launch Delta 45 (SLD45), their primary mission is assured access to space, it also assures access to its rich history, which extends from the Stone Age to the Space Age; the Cape Canaveral Lighthouse Foundation formed in 2002 and joined the active heritage Page 9 of 20 September 17, 2024 programs of the Cape; and today they operate as an essential element for the preservation and dissemination of Cape history. He added SLD45 supports their outreach initiatives and is committed to continuing to allow access to Cape visitors from throughout the country; and with agreements in place, that support will extend to many generations to come. Rocky Johnson stated he is a past President of the Cape Canaveral Lighthouse Foundation; he wants to underscore what Ron Ecker said regarding the importance of the Lighthouse and sharing that vision with not only Brevard County, but with the State of Florida, and with the nation; he thanked the Board for funding the first phase which was wildly successful beyond anything the they could have hoped for; they went from about one tour per month to multiple tours daily, an education program that they have Brevard County fourth graders coming out to visit the lighthouse and museum, and the heads in beds and TDC analysis that Commissioner Tobia had mentioned, certainly indicated that it is warranted; but most importantly as an active member of the lighthouse foundation, he is present to ask this Board to make the decision today to complete the second two cottages, to complete the footprint, and choose the preservation of the history and the story of how mankind’s maritime navigation morphed into aerospace and celestial navigation; there are so many people who want to see a lighthouse in this country; there are so many people who want to see the birth of aerospace in this country; and there are a lot of them who want to see the place where those two things come together, which is right here in Brevard County. He mentioned he wants to emphasize what Jamie Draper said, they have the full support of SLD45 and that has been a wonderful partnership and they have been given the ability to share this vision and rich history to build on the past and to bless the future with the understanding of the past, and to use that lighthouse to show mankind what Florida is all about and America’s rich history in the space industry through the lighthouse; and for voting yes on this measure today, he thanks the Board. Peter Cranis, Tourist Development Office Director, stated the TDC recommended five to three to bring a capital facilities grant to the Cape Canaveral Lighthouse Foundation for $775,000. Chair Steele stated the following waive in support: Leslie Brown, Ginny Davis, Becky Zingarelli, Christine Ecker, Norm Moody, Mark Tomassone, Heather Winkopp, Cheryl Bennett, Janet Abt, Adrian Smith, Virginia Blaetz, Todd McDowell, Dixie Sanson, Marian Smith, and Thomas Lindstrand; and he advised the floor is open for discussion. Commissioner Goodson stated the lighthouse is in his District therefore he would like to think the Board would support it; it has been in existence since the mid-1800s; the Board has heard all the things and this is important to keep history close by; and he would like to see the Board support it. Commissioner Pritchett stated last time the Board gave them $500,000; and she asked if the total cost is $775,000. Mr. Cranis advised $775,000 is what is being requested, he does not know the total cost of that project, but maybe someone from the lighthouse could answer that question. Mr. Johnson advised $500,000 was received from the Board, $250,000 was received from the State and it completed the first half of the project which was the head keepers cottage and the second cottage; this time they are looking to complete phase two of the project which would complete the footprint of the original keepers footprint there so when people come to visit they see the lighthouse footprint as it was at its peak; and this is an additional $775,000 to complete the vision from the beginning. Page 10 of 20 September 17, 2024 Commissioner Pritchett stated this is in Commissioner Goodson’s District and she knows he is doing a great job watching over projects; and she has heard he is feeling pretty committed to this one. She went on to say she would request that the groundbreaking be switched from three years to either one or two years so that if this does not come into fruition, then the Board will be able to use the money later and it is not tied into a contract. Commissioner Goodson asked if the same was done to Commissioner Pritchett’s $1 million per year for five years in Titusville. Commissioner Pritchett commented she thinks it was for one year; and she inquired if that was correct. Mr. Cranis noted he does not recall what the groundbreaking was, but they had already broken ground so it would not have made a difference. Commissioner Pritchett stated she just thinks three years is a little long; she asked if he could negotiate that, notating that the Board can always do extensions later; and this way it is not tied up contractually. Commissioner Goodson asked what benefit it would provide as a County to do that. Commissioner Pritchett explained if they do not look like they will be able to do this and the Board would be able to use the funds for lifeguards or something, then perhaps the Board would have the ability to move it at that time; and she thinks three years, if there is no progress, is a little long. Commissioner Goodson stated he still does not understand what the difference is between Commissioner Pritchett’s police grant; she did not do three years, she did a year grant at $1 million per year for five years; and he asked if that is correct. Commissioner Pritchett commented she thinks they had to do a groundbreaking and show potential that they were moving. Commissioner Goodson inquired if it is already showing groundbreaking by putting in $500,000 or $600,000 in Phase 1. Commissioner Pritchett responded yes, it is just saying that they must do groundbreaking within three years, and what can be done later as a Commission is to extend; and this just gives more ability later if there is an issue. Commissioner Goodson asked when to expect groundbreaking if they receive this grant from the Tourist Development Council. Mr. Johnson advised they would expect to break ground within a year. Commissioner Goodson asked if they were to get this grant and groundbreaking were within a year, how long would it take to complete the restoration of the $775,000. Mr. Johnson stated probably a year rounding it all. Commissioner Goodson asked if he has a problem with what Commissioner Pritchett wants. Page 11 of 20 September 17, 2024 Mr. Johnson responded they do not. Commissioner Goodson advised then he does not have a problem with it. Chair Steele mentioned he thinks Commissioner Pritchett is right on the number, this is just an accounting mechanism. Commissioner Goodson stated he has got it, he just wants to see it move forward. Commissioner Tobia stated he will highlight some things that Mr. Cranis went over real quickly, but in a little more detail; he thought Commissioner Steele’s comments were excellent; he pointed-out that being located on the Space Force Base will significantly limit the number of days tours can be conducted do to the increased number of launches expected next year; that is something he had not thought of and he thinks it is going to greatly impact that; what was not heard is any of the numbers, how many rooms night would be created and how many visitors, but he will get to that; he would like to go to Tom Hermanson who has a vested stake in this obviously; he also voted no on this one, raising concerns about the lighthouse being on property with restricted access; and the limitations on who can go on the base and when is a significant timing factor on tourism and projecting total amounts. He went on to say, he thinks numbers are really important; it is wonderful to handout money, but he thinks the Board needs to look at the numbers; he appreciates everyone waiving, but he cannot waive these numbers; looking at IRS990, the last two, one would see the total revenue is going down by this lighthouse; that is a reflection of one of two things, either visitors going down or community support going down; that is obviously not very good; and also not mentioned by Mr. Cranis, this did not meet the minimum threshold to make it to the Board, they had to vote it, it did not make the seventy-five points, so there had to be that special vote to get it to the Board. He continued by saying what else was not mentioned was this was in the State Budget, and the Governor line-item vetoed that, so the Governor’s Office said this probably was not a worthy project; he spent some time with the economic impact study and it is important to understand the economic impact study is given by the lighthouse, so these are the best numbers that one is ever going to get because it states in there that all the numbers of attendance were provided by the lighthouse; putting that with what was said at the meeting, Becky Zingarelli said that these two lighthouse cottages would add 25 minutes of time to visitors; and he finds that very difficult to justify, when attendance is going down, that it would create an extra 1,460 room nights. He added he does not know how an extra 25 minutes at the lighthouse is going to translate into 1,460 room nights; assuming that is correct, even though he does not think that is correct, 1,460 room nights for an expenditure of $775,000 does not make any sense compared to any of the other capital projects this Board has had; Commissioner Goodson had asked what was different between this and the police, there are substantial differences; he had as many problems with the economic impact study of the Police Hall of Fame, but at least they showed they would create tens of thousands of room nights, and this was 1,460, less than one-tenth; and on top of that, the Police Hall of Fame was getting dollars from the outside, and as was heard here, 100 percent of this second phase funding would be coming from the TDC and a bulk of the first phase, so the County would be funding somewhere in the neighborhood of 75-percent of this total project. He stated he does not think that is the wisest economic decision; there are other ones; looking at attendance, by their own report, attendance is by people above the age of 60; looking at the young folks, it is fair to predict that attendance is going down and has continued to go down; if there really was support for this, the Board would see some sort of buy-in from the community, some sort of grant, or the Governor’s Office say this is a worthy project and be willing to support some of this; but there is not one good reason that he can justify voting in support of this. He went on to say on top of the Capital Facilities Budget which sits at about $1.8 million, this would decimate it down to less than $1 million Page 12 of 20 September 17, 2024 moving forward; he does not think that is fair to the future Commission to spend almost half of it on a project that at best case scenario, for an extra 25 minutes is going to create 1,460 room nights; those are the numbers; he understands the feeling is great and why they did not talk about the numbers because they just are not sparkling and not worthy of this $775,000; it may be fair to offer them the opportunity to respond to some of those numbers but they are right out of the economic impact study that they supported; and he appreciates the Board's time and he understands it is in Commissioner Goodson’s District, and that is why he had spent so much time looking over it and not only listening to what the TDC had to say, but going over the economic impact study. Chair Steele stated he voted no at the TDC in regards to this particular issue, and he was very candid with the fact that he did not like the limited access and other things; basically, he stated that no matter what the EDC said he was not voting for this today, but today he is eating his words; once he got into it with many of the people who were involved at the Space Center and because of all the things that happened at the lighthouse, he found out how to get access, and he started digging into the potential for something that he thinks is probably one of the most important things in Brevard County’s history and in the United States history, is the launches and the people that went to the lighthouses; it took a long time before coming to this decision this morning; he had talked to a lot of people and the normal protocol is that if the Commissioner from the District wants it they normally know what is best for the District; and he knows that Commissioner Goodson would really like to have this project done. He mentioned not only that, but he thinks it is in the best interest of the County; he gets a chance to travel and he sees a lot of people with NASA hats on and the first thing they want to do is go to the Space Center; once he started finding out what was going to be taught and told in regards to the story of the Space Center, he thought $775,000 was a lot of money, but then he thought if this is lost then it loses the history of the Space Center; and he thinks this has potential and he does not want to lose this for the people out there. He advised he will be a yes vote today. Commissioner Goodson stated he thinks it is a little unfair to call the Governor’s name out because if one knows anything about the budget last year, he killed everything, not just this one; he went through it like Attila the Hun; that being said, as a Board it just approved, and if anyone wants to talk about heads-in-beds, the Board has a certain amount of duty to save the history and that means saving this lighthouse; it is no more special than Gettysburg or anywhere else; he does not know how many people are going to come; the Board also appropriated $300,000 in Palm Bay for a walk for policemen; and he asked how much was put there. Mr. Cranis advised it was $250,000. Commissioner Goodson asked how many people are going to go down there and stay. Commissioner Tobia advised just to be clear, he voted against that; in fairness, this is not talking about saving the lighthouse; Commissioner Goodson is trying to widen the scope; no one is talking about destroying this lighthouse; it is about adding a third and fourth cottage to the lighthouse; and no one is talking about destroying a lighthouse or destroying history, it is about creating more houses. He noted they were given $500,000 in period correct furniture; he knows the votes are not with him, but he just wants to go on the record to say that he is not for destroying the lighthouse; and he is not for giving them another 100 percent to go build more cottages for something that people are not visiting in the first place. Commissioner Goodson stated when he speaks of the Lighthouse he is speaking of the cottages also as an umbrella over all. Page 13 of 20 September 17, 2024 Commissioner Pritchett stated when the Board members get on the dais they learn how to do this as a Commission; there is collateral with each of the Districts; they pay attention to make sure there is not a crazy Commissioner that is going to do something totally off the wall; on that she will give him the respect of those funds; she does think it is a lot of money without them coming in, but for respect for him, she is good with that; she wants to remind him, because he brought up the Police Hall of Fame, that she also voted to give him the veterans and gave back the cultural funds, so it is not like she does not play with him; however, that is the last time she is going to let him throw the Police Hall of Fame in her face. Commissioner Goodson stated to please understand he is old. Commissioner Pritchett commented not only that, he is from the State and she is not used to fighting like the State does; she is pretty honest and will tell people what she is thinking all the time; just on the year timing, she feels better since Mr. Johnson said they could do it in a year; and she thinks if the Board makes it one and one-half years or complete it within five years she could get some comfort with that. The Board approved a $775,000 reimbursable TDC Capital Facilities grant to the CCLF for their Project for two additional lightkeeper’s cottages, one is an historic cottage, and one is an interactive, immersive experience cottage; granted legislative finding that the Tourist Development Tax (TDT) funds are authorized for each grant pursuant to Section 125.0104(5) (a), Florida Statutes, and Section 102-119(3)c of the Brevard County Code of Ordinances because each grant supports a venue which has as one of its main purposes, the attraction of tourists as evidenced by the promotion of the venue to tourists from outside Brevard County; authorized the Tourism Development Office Director to negotiate and sign all necessary grant agreements and related documents upon County Attorney Office, Risk Management, Purchasing Services approval; authorized the County Manager to execute all necessary Budget Change Requests; and authorized for the project groundbreaking be completed within the time period of one and one-half (1 ½) years and the full project completion within five (5) years. Result: APPROVED Mover: Tom Goodson Seconder: Rita Pritchett Ayes: Pritchett, Goodson, and Steele Nay: Tobia, and Feltner J.2. Board Direction, Re: Tourist Development Council (TDC) FY 2024-25 Cultural and Sports Grant Programs (or Marketing Support Program) - Funding, Guidelines, Applications, and Scoresheets. Peter Cranis, Tourist Development Office Director, stated this is cultural and sports grants; there are a couple of options here; one option is to accept the grant's guidelines as defined and supported by the Tourist Development Council (TDC) back in March; the other option is for up to $600,000 for cultural and up to $240,000 for sports; option two is for the same amounts but it is bringing the marketing support program, which is something that had been talked about last year, where the funds would be used for marketing purposes to help these events; and option three would be the Board’s pleasure. Chair Steele asked if this had all the guidelines in it. Page 14 of 20 September 17, 2024 Mr. Cranis replied yes it has the guidelines, applications, and all of the backup information is in the package. Commissioner Tobia stated just to be clear, he is not asking for any cuts or anything of that nature; he does like the marketing support idea; he appreciates Mr. Cranis working so diligently with him to set the guidelines for that, as well as bringing it to the TDC, who met it with support, as indicated in the Agenda Report; a couple things on that, it combines sports grants and cultural grants program into one and reduces staff time, reduces the TDC subcommittees potentially, and simplifies the process of reviewing and approving applications, and the program involves the County providing marketing at the value of the award amount, as opposed to each recipient marketing individually and submitting for reimbursement; that is very important, as it takes time for Mr. Cranis to verify that marketing was actually spent correctly; and he spoke with someone who came for one of these grants recently, surfing santas, and he had mentioned that the surfing santas had used the marketing by the TDC and that the TDC had done a much better job than he, and the reach had been greater so whoever Mr. Cranis is contracting out is doing a darn good job. He added he thinks that is another indication that these support grants are effective and reduce the amount of funds that would be needed to administer it; this is not a cut, it is a potential reduction in subcommittees as well as a reduction in staff time for verifying the reimbursement; and he made a motion to direct staff to implement option two, the TDO Marketing Support Program at funding levels presented, which would be the $840,000 with $240,000 from the Marketing Fund and $600,000 from the Cultural Fund. Commissioner Goodson asked Mr. Cranis how much percentage would come out of $240,000 of sports. Mr. Cranis responded depending on the number of applicants, they would possibly use all of the $240,000 for sports events; this year they had used about $200,000; therefore, it is possible to be a little lower than that. Commissioner Goodson asked if all $200,000 went to marketing. Mr. Cranis responded affirmatively. Commissioner Goodson asked how much would come out of the $600,000. Mr. Cranis advised they are estimating about $400,000 would be used. Chair Steele stated he wants to make sure this motion does not affect the guidelines in any way. Commissioner Pritchett asked if the Board is approving the guidelines today. Mr. Cranis responded in the affirmative. Commissioner Pritchett noted she has a couple of suggestions; on the eligibility it was changed to where they are no longer headquartered in Brevard County, but she would like to put a preference where it goes to local organizations and if there is any left that it can go outside of Brevard County, just so we do not exclude local organizations; then as far as changing the availability of funds, she thinks there needs to be a little more discussion because it was changed so that smaller crowds are getting larger amounts, and she thinks that needs to be discussed a little bit more with availability because when they changed that last time, there was a lot of discussion of why the Board was changing it; and then the only other one was the Page 15 of 20 September 17, 2024 sports grants, she thinks the Board should go back to keeping six or seven because she thinks this should always come before the Board of County Commission and not just be authorized at the TDC level. She reiterated she believes six and seven should go back to how it was originally stated so that all of the items after they are done comes to the Board for final approval. Chair Steele stated these are not really material changes to the guidelines. Commissioner Pritchett pointed out it is just housekeeping, she does not think it was meant to not come back before the Board. Commissioner Feltner stated he is looking to see if Commissioner Tobia’s motion is going to be amended. Commissioner Tobia stated he would like to confirm with Mr. Cranis that they are on the same page; the motion he has made does not affect the guidelines, before the Board gets to the changes, it has no impact on the guidelines; and he asked if that is fair. Mr. Cranis responded by saying it does not affect them, he selected option two and the guidelines are part of option two. Commissioner Tobia stated he forgot to mention, and Mr. Cranis pointed it out, for the sports events, instead of marketing they could use it on the fields. Mr. Cranis advised they could get reimbursed for fields operated by Brevard County. Commissioner Tobia commented that could give them a little more flexibility there; he just wants to be clear as the Board discusses this, his motion has nothing to do with any of the changes or the funding. Commissioner Pritchett asked if Mr. Cranis just said option two does include the guidelines. Mr. Cranis responded it does include a set of guidelines and staff would make sure that the changes she suggested would be incorporated into those as well. Commissioner Tobia stated he moves that the Board directs staff to implement option two, the TDO Marketing Support Program with the three changes suggested by Commissioner Pritchett at the funding levels presented, $840,000 with $240,000 for the Marketing Fund and $600,000 for the Cultural Fund. He stated it would probably be good to check with the Clerk if they need clarification on those three suggested changes. Chair Steele asked if there was anybody from Brevard Cultural Alliance (BCA) in attendance today; and he asked if the BCA was good with what the Board was doing. Commissioner Feltner stated just to clarify, in option two $840,000 for the Marketing Support Program, takes the $240,000 and the $600,000 and places that all into the Marketing Support Program; and he asked if that is correct. Mr. Cranis responded affirmatively. The Board directed implementing Option #2, the Tourist Development Office (TDO) Marketing Support Program, at the funding levels presented ($840,000: $240,000 from Marketing Fund Page 16 of 20 September 17, 2024 and $600,000 from the Cultural Fund); authorized prioritizing local organizations and if there are funds remaining, then fund support for out-of-Brevard County organizations; authorized coming back to the Board with TDC recommendations for approval of the support awards; and approved up to $50,000 available per grant and funding determined by the measurement of out-of-county attendance or room night production. Result: APPROVED Mover: John Tobia Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele J.3. Amendment to BCC-24, Acquisition, Sale, Lease, Exchange, Dedication and Donation of Real Property, to update the process for more efficiency. Chair Steele stated this is amendment to BCC-24, acquisition, sale, lease, exchange, dedication, and donation of real property to upstate. Commissioner Tobia advised he had a meeting with staff a couple of months ago as he was leaving things that could be cleaned up, some suggestions for staff; this was one and he thinks it is a good one; he thanked Marc Bernath, Public Works Director, for bringing this issue to his attention; this is under District 3, the current version of BCC-24, acquisition, sale, lease, exchange, dedication, and donation of real property has been in place since 2013; this process creates cumbersome and requires excess staff time and delays development projects; the proposed changes state the County Manager’s designee is authorized to accept delivery of, approve, and cause the recording of any deed dedication, acquisition, exchange grants of easements and other instruments conveyed to interest in real property for any acquisition of property related to, and then there is a whole list; the policy still allows for these items to come before the Board if there is a concern or objection by the County Manager or they are outside of the scope of the items listed in the Policy; and all acquisitions outside of the list provided will still come to the Board as an Agenda Item. He continued by saying these changes will result in the reduction of staff time and removing unnecessary items from the Board’s meeting Agenda; and the motion is to approve the proposed amendment to Board Policy BCC-24 acquisition, sale, lease, exchange, dedication, and donation of real property. The Board approved the proposed amendments to Board Policy BCC-24, Acquisition, Sale, Lease, Exchange, Dedication, and Donation of Real Property. Result: APPROVED Mover: John Tobia Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele L.7. Jason Steele, Commissioner District 5, Chair Chair Steele stated he has a report to let everybody know that he knows the budget hearings are coming up; he wants to have additional discussions on a variety of different issues; one is the lifeguards; he will have some motions at Agenda time, but he wanted to let everyone know that he thinks there needs to be some discussion on that; there needs to be some discussion on the fire issues and the monetary things; and with that, he would like to make a motion to request that staff develop a report detailing the timeline and actions required to increase the fire assessment to include multiple options for potential increases. He noted one of the only ways he can see that the Board will be able to get some of these things paid for with fire in the future, is to up the assessments; it is a long process, but he would like to at least start it if Page 17 of 20 September 17, 2024 possible; and he reiterated that is his motion and he hopes it will be seconded and approved. Commissioner Pritchett stated she is fine with staff coming back with a report; this Board increased the fire assessment about four years ago; and she inquired if that is correct. Frank Abbate, County Manager, stated it has been increased twice in the last six or seven years. Commissioner Pritchett commented she does not mind opening up that conversation; and she is not sure they will be able to do that before budget time and have that on the Board. Chair Steele advised he is not expecting it to. Commissioner Pritchett stated it is not a bad topic to discuss, but there were numerous public comment when that was happening with the price analysis. Chair Steele noted the only reason he is doing this is because he did an exhaustive study of what fire assessments were in the surrounding areas; Brevard County’s is so low it is ridiculous, like $200. Commissioner Pritchett stated she is fine but it is going to be a big process with public comment. Chair Steele noted he understands and that is why he wants to get it started; and he asked if she is going to second his motion. Commissioner Pritchett responded in the affirmative. She stated she is fine with them coming back with a report. Commissioner Tobia advised he does not mind designating Chair Steele, and this has been mentioned before, and there has been a turnover in elected officials in West Melbourne, but he thinks it is probably good to reach out to West Melbourne and ask what their tolerance is for a fee increase; if they are sticking to what they had said before, and they were willing to pull-out if the Board were to increase fees, then that does quite a bit to fire services and the number of employees they have to service that area; he does not know how that works, and maybe West Melbourne is okay with that now, but the Mayor was definitely in these chambers, a former Mayor, and a former city council member addressing those concerns; at least this is a heads up by reaching out on behalf of the Board and finding out; and maybe they will support it again, but it is important information to have moving forward. Chair Steele stated he could not agree more; he will be happy to do that; this is just a process to be able to get to where the Board is going to go; and West Melbourne is going to have plenty of opportunity during the process to have the new Commission address the issues; he sees it as a major issue; talking to the County Manager, he informed him that it is going to take almost a year to get through that process; and it is a long process. The Board authorized staff to develop a report detailing the timeline and actions required to increase the Fire Assessment and to include multiple options for potential increases; and authorized Commissioner Jason Steele to reach out to West Melbourne, on behalf of the Board to inquire what their tolerance is for a fee increase if approved. Result: APPROVED Page 18 of 20 September 17, 2024 Mover: Jason Steele Seconder: Rita Pritchett Ayes: Pritchett, Goodson, Tobia, Feltner, and Steele L.5. John Tobia, Commissioner District 3 Commissioner Tobia stated today is National Monte Cristo Day; the useful Florida fact of today is the Conch Republic is micro-nation declared as a secession of the City of Key West, Florida, from the United States on April 23, 1982; as part of this protest, Mayor Wardlow was proclaimed prime minister of the Republic which immediately declared war against the United States, symbolically breaking a loaf of stale Cuban bread over the head of a man dressed in a naval uniform, quickly surrendered after one minute to the man in the uniform, and applied for $1 billion in foreign aid; and he imagines $1 billion was a lot of money back in 1982. He went on to say this day in Florida history, in 1574 Pedro Menendez De Aviles died; 25 years before his death De Aviles was sent to Florida by the Spanish Crown to drive-out French colonists; and he is credited to establishing Saint Augustine, the first permanent settlement in the United States that ultimately claimed all of Florida as a Spanish colony. He stated this is a little unique; the County employee recognition is the Library staff involved in the summer reading program; the summer reading program is the busiest time of the year at Brevard libraries, as all library staff are involved; it was all hands on deck as the staff helped patrons register for library cards and programs, put on programs, and provided traditional library services; all 299 staff across the system took part in making this summer reading a hit across the County; and Mary Beaumont, Youth Services Coordinator, played an integral role in supporting and coordinating theme, the staff, and the system-wide effort. He mentioned there were mascots; every child got to select an adventure duck; these ducks were intended to travel with them on summer activities to the library, grandmother’s houses, cruises, parks, beaches, and more; every adult was eligible to get an astro duck created by Daniel Hearn, a librarian I at the Port St. John Library who is an artist; County staff definitely did an important service to public education by continuing the children’s education during the long summer period; and the Board greatly appreciates their efforts and what they have done for Brevard County. He went on to say on a personal note, today is his mother’s birthday; she has put up with him for many years and he greatly appreciates her; and she is a wonderful teacher and a great mom. Jason Steele, Commissioner District 5, Chair Chair Steele advised he forgot one last thing; the Board is still waiting on the grant approval of the Brightline Grant that he and others spent a lot of time going to Washington D.C. on; there have been questions by the City of Melbourne and a variety of other people on whether or not Brightline would consider other areas for stops; he has been told that Cocoa will be the last stop; apparently Stuart has pulled out, so that may leave a slot opened in Fort Pierce; however they have made their decision in Brevard County and that decision is in Cocoa. He mentioned they are moving forward with all that; and as soon as he receives any information in regards to where they are on it, he will let the Board know immediately. ADJOURN Upon a motion and vote, the meeting adjourned at 10:17 a.m. ATTEST: ____