Brevard County Board of County Commissioners

Tuesday, April 20, 2021 9:00 AM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular

April 20, 2021 A. CALL TO ORDER 9:00 am Commissioner District 1 Rita Pritchett, Commissioner District 2 Bryan Lober, Commissioner District 3 John Tobia, Commissioner District 4 Curt Smith, and Commissioner District 5 Kristine Zonka Present: C. PLEDGE OF ALLEGIANCE: Commissioner Bryan Lober, District 2 Commissioner Lober led the assembly in the Pledge of Allegiance. D. MINUTES FOR APPROVAL: December 3, 2020 Zoning The Board approved the December 3, 2020, zoning meeting minutes. E.1. Resolution Proclaiming May 2021 as Older Americans Month (D5) Commissioner Zonka expressed she was excited about this resolution; she thanked Charlie Buchanan for his attendance; she went on to say the Board is recognizing Mr. Buchanan for Older Americans Month; she received the nomination that was submitted by Judy Healey; and she commented that she will try to get through reading it without any tears, because it is awesome. She read aloud Judy Healey’s nomination, “Let me tell you about Charlie. He is 94-years old and lives alone in Melbourne Village. He can be seen walking the trails there and talking to neighbors. Residents of Melbourne Village all serve on Community committees, and so they get to know their neighbors over the years. Charlie’s attitude has always been positive. As the youngest child of a farm family in Mississippi during the Depression, he learned early to be a good sport and to laugh off assaults by turning them into a joke. His attitude served him well when he joined the Navy during World War II as a 17-year old college Freshman. He served two years in the Pacific until the war ended, so he was able to return to Mississippi, obtain a college degree, marry, and move to Florida. In 1957, he moved his young family from West Palm Beach to Eau Gallie and started an air conditioning business, Tropic Air. For 40 years, Charlie enjoyed business success, but mostly enjoyed going into homes and getting to know the customers before solving their problems. When the company merged, in 1988, with Able Air, Charlie decided to continue working as a salesman until his wife’s needs dictated his retirement at age 79. His wife, Bess, slowly declined in health due to a long struggle with Alzheimer’s Disease, which landed her in bed for the last 1.5 years of her life. Charlie had her bed in the living room and kept her clean, fed, and loved with the help of Hospice Friends until her death in 2011. Charlie was often asked why he did not just put her in a nursing home, and at the end he would just reply, “Bess took care of me for fifty years, and I thought it was time to step up and do the same.” Charlie continues to attend the church he was a charter member of in 1960, Central Baptist Church of Melbourne, where he and Bess taught Sunday School for 50 years. He also anchored the bass section of the choir for at least that long. He enjoys the weekly Men in Motion lunch and the fellowship of men of all ages who come from around the area. When Pro-Health of Melbourne closed its exercise class, Charlie found another gym for his Silver Sneakers friends and put the word out. Many have joined him. He is now the top recruiter at the gym. Those who know Charlie know they can count on him to bring homemade ice cream to any party, which is second to none. He claims, as the youngest child, he only got to lick the spoon when he had some cream, so he is making up for that now. Resilience and strength would describe Charlie. He has bounced back most recently from a broken femur, and injured hand, and most recently a broken shoulder. His return to the gym each time was cause for celebration for his classmates. He is a reader, although not as fast as before since sitting causes sleep. He is a self-admitted mangoholic and has a very beautiful tree that yields more fruit every year. He is a Jesus-lover and has no fear of dying, but he sure enjoys living. His interest in everyone he meets is evident and meaningful, and his connections to former customers and co-workers continues to this day.”; and she stated Judy Healey was proud to nominate Charlie Buchanan for recognition during Older Americans Month. Page 1 of 46

April 20, 2021 Commissioner Zonka read aloud, and the Board adopted Resolution No. 21 043, recognizing May 2021 as Older Americans Month. Mr. Buchanan expressed he was grateful for this honor; he has been a resident of Brevard County since 1957, and so he feels right at home here; and he thanked the Board for this special occasion. Result: APPROVED Mover: Kristine Zonka Seconder: Curt Smith Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.1. Board finding of public purpose; Board and District approval of a loan from the County’s Property and Casualty Insurance Program Reserves to the Mosquito Control District for $1,000,000 The Board approved finding a public purpose and approved loaning from the County’s Property and Casualty Insurance Program to the Mosquito Control District a loan for $1,000,000; authorized the County Manager to execute any necessary documentation for the loan; authorized the County Manager to approve all necessary Budget Change Requests; and authorized the District to receive $1,000,000 loan from the County. Result: APPROVED Mover: Kristine Zonka Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.2. An Appointment to the Save Our Indian River Lagoon Citizen Oversight Committee The Board approved appointing Mr. David Sherrer to the Technology Alternate seat on the Save Our Indian River Lagoon Citizen Oversight Committee. Result: APPROVED Mover: Kristine Zonka Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.4. Final Plat Approval, Re: Viera Boulevard Commercial Center III (20FM00015) (District 4) Developer: The Viera Company The Board executed and granted Final Plat approval for Viera Boulevard Commercial Center III - The Viera Company, subject to minor engineering changes as applicable, and developer is responsible for obtaining all other necessary jurisdictional permits. Result: APPROVED Mover: Kristine Zonka Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka Page 2 of 46

April 20, 2021 F.5. Final Plat and Contract Approval, Re: Ivanhoe Drive Extension - Segment A (20FM00010) (District 4) Developer: The Viera Company The Board executed and granted Final Plat approval for Ivanhoe Drive Extension, Segment A – The Viera Company; and executed and approved the Contract, subject to minor engineering changes as applicable and developer is responsible for obtaining all other necessary jurisdictional permits. Result: APPROVED Mover: Kristine Zonka Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.7. Approval regarding Transportation Impact Fee Technical Advisory Committee for the South Mainland Benefit District Project Funding Recommendation (Districts 3,4, and 5) The Board approved the project funding recommendation in the amount of $20,000, prepared by the Technical Advisory Committee for the South Mainland Benefit District on March 17, 2021; and authorized the Budget Office to execute any Budget Change Requests necessary for implementing this appropriation. Result: APPROVED Mover: Kristine Zonka Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.8. Approval Re: Extension to Traffic Operations Fiber Optics Construction, Rehabilitation, Maintenance, and Emergency Repair Contracts The Board approved extending the existing Traffic Operations Fiber Optics Construction, Rehabilitation, Maintenance, and Emergency Repair contracts with Advanced Cabling Solutions, Inc. and Precision Contracting Services, Inc. for an additional three months. Result: APPROVED Mover: Kristine Zonka Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.9. Permission to accept the Airport Coronavirus Response Grant Program (ACRGP) Grant Offer from the FAA The Board granted permission and authorized staff to accept grant funds delegated to Valkaria Airport through the Federal ACRGP; authorized the Chair or County Manager to execute this application and other documentation on behalf of the County in this regard; and approved all necessary financial/budget adjustments. Result: APPROVED Mover: Kristine Zonka Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka Page 3 of 46

April 20, 2021 F.10. Approval of Budget Change Requests The Board approved the Budget Change Requests. Result: APPROVED Mover: Kristine Zonka Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.11. Request permission to issue an RFP for Group Health Plan. The Board authorized the office of Human Resources/Employee Benefits to release an Request for Proposal (RFP) for a Group Health program for plan year 2022; and authorized the Employee Benefits Insurance Advisory Committee (EBIAC) to act as the Selection Committee to evaluate proposals to make recommendations to the Board on the requested RFP. Result: APPROVED Mover: Kristine Zonka Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka G. PUBLIC COMMENTS Sandra Sullivan stated the turtle hat she is wearing is reserved for special occasions; she went on to say that Hightower and Pelican Beach Parks are important for tourism and all of Brevard residents who use these parks; these land acquisitions were prioritized by the County and State, because half of all Sea Turtle nesting is in Brevard County; and Hightower Beach Park is second, only to Archie Carr Refuge, in nesting and was created to be a dark, undisturbed beach for the preservation of green Sea turtles. She asserted that it is simply wrong that the City’s intent is to monetize Hightower Preserve with an intensity hotel and Sky Bridge; the Federal LW 541 Agreement requires County consent and the restricted use to public, open space with limited recreation and conservation use in perpetuity; she urged the County to do the right thing by taking back these parks it gave the City in good faith; to act as a checks and balances may cause a domino effect for other levels of government to do the same; and she respectfully requests the Board to place on the Agenda a vote to enforce a legal remedy regarding the two deed violations. She continued by reading aloud the County’s Interlocal Agreement, “it shall, at the option of the County, become null and void upon 30 days written notice to the city, and the property shall revert back to the County.”; she read aloud the July 18, 2019 County’s Legal Opinion in regards to the offense of Sky Bridge putting commercial use into the preserve, “a restricted access crossover landing would violate the intent of the Resolution, the corresponding Interlocal Agreement, and the restrictive covenants contained in the County deed, March 20, 2012.”; she noted that she came to the Board meeting on December 22, 2020 to discuss Satellite Beach’s Differential Parking fees; and the County’s Legal Counsel determined the annual Parking Pass Program violates the terms of the current deed restrictions. She stated that the City’s response was to request the County to release offending covenants; fortunately, some parcels in the park were acquired under the Save the Coast Program; she read aloud the Florida State Sublease Agreement No. 3485, acquired, “All user fees with subleases may wish to impose shall be uniformly imposed among users, regardless of the political jurisdiction in which the user may reside.”; she added that releasing the covenants may likely cost the County more for sand renourishment; and she requested the Board place this matter on the Agenda for a vote to enforce a legal remedy. Commissioner Lober informed Ms. Sullivan that he has a meeting with one of the City Council’s Page 4 of 46

April 20, 2021 members and the City Manager; he will also set up a meeting with Congressman Bill Posey; he stated, when it comes to specifically what is done with particular parks, his general rule of thumb is to leave it up to the individual Commissioner in whose District the park is located; when it comes to something such as, Differential Parking fees, that has an impact beyond the particular District; and that is something that can affect, not only his constituents, but all the constituents across the County. He commented that he did not think only District 2 constituents were at Lori Wilson Park this past weekend; he advised that Hightower Park does not only attract District 4 constituents; he noted that the Differential Parking fees are a concern of his; he is going to speak with them to see where they are at with it; and he does not have any problem bringing up some of the other concerns when he meets with them. Nathan Slusher, Libertarian Party of Brevard Director, stated he wanted to speak on a continuation of a conversation from the last Board meeting in regards to the American Rescue Plan Act (ARPA) funds, and his organization has an idea to present to the Board; he mentioned that, first and foremost, the Libertarian Party of Brevard believes that Brevard County is one of the best Counties in the State; his organization does not want the County to accept Federal funds that come with strings attached; and if the Board does not believe in refusing it, then his organization has an idea to help the County stay strong. He explained that his organization asked itself how could the money best be used to help citizens without being a direct cause of inflation; the answer it came up with is focusing on the small businesses; he recalled, at the last meeting, the County Manager explained that the money could be used as revenue replacement; his organization would like to suggest the idea of using the money to replace the revenue of business tax receipt dollars and County level occupational licenses for the next 12 to 36 months or whatever budget allows; and this gives the businesses that were affected by COVID-19 a jump or a start for new businesses. He clarified that his organization is not suggesting a Small Business Grant nor suggesting an assistance program that has qualifications; his organization is literally suggesting to remove the cost and replace the revenue with no questions asked; he asserted that small businesses are the most important infrastructure of any economy, and his organization wants the County to outlast what is feared to come; and a side effect of this suggestion is it would cause more small businesses to start up once people start realizing the legal costs are covered. He added that it would not necessarily be a bad thing; if the County sees this to be successful or even generate positive revenue in the long run, his organization would also like to suggest using the money to cover State costs for Brevard County residents to help keep businesses going strong through what his organization believes may be coming in the future; and he indicated that Titusville City Council, for the record, did approve a program like this on April 11, at its last meeting, where the cost of business tax receipts are covered until the end of 2021 for small businesses in Titusville. Sofia Mazo stated on November 13, 2020, Deputy Santiago-Miranda shot two teenagers in Cocoa; those boys, baby boys, are A.J. Crooms and Sincere Pierce; she is certain that the Board is aware of this, because she is not the first person to speak to the Board about it; and what she is not certain of is why there has not been any action taken to remedy this situation or the pattern of violence that has been observed from Brevard County Sheriff’s Office (BCSO). She continued by saying ideally the Board respects its constituents enough to hear their concerns and take action on their behalf, but at a minimum the Board respects their right to breathe; there are still no answers; the Florida Department of Law Enforcement (FDLE) has turned over the case, yet there is nothing from State Attorney, Phil Archer; Deputy Santiago-Miranda, someone who should not even be on the force, is still on administrative leave; and this means that taxpayers, including the family of A.J. and Sincere, are still paying to employ someone who has been repeatedly reprimanded for violent behavior, yet still wore a badge as he gunned down two teenagers. She commented that she can only imagine the pain Page 5 of 46

April 20, 2021 that A.J. and Sincere’s families are feeling; she has seen some of it first hand; in fact, Ms. Cynthia Green, one of the boys’ grandma, gave an emotional plea last week at Cocoa’s City Council meeting; the Council decided to write a letter to the State Attorney’s Office requesting answers for the family and the community; and she is ultimately here to ask the Board if it can do the same thing by writing a letter on behalf of A.J. and Sincere to the State Attorney. Commissioner Lober asserted that he is aware that this is a hot button issue; he is certain that he will offend some people and others may like what he has to say, but he is going to say it anyway, because it is what he believes; the fact of the matter is, he is not certain what the State Attorney’s Office is going to release; he has no question at all that they are going to release something; and he does not think it is going to be two years from now. He continued by saying the bottom line is it would be totally inappropriate for the Board, as a County body, to try to influence a criminal investigation; certainly it would be great to have it run quickly, but he would rather it be done thoroughly so that they do as good of a job as they possibly can; in this country, the fact of the matter is, he has done plenty of defense work over the past decade in this County to know, due process has to be allowed to run its proper and Constitutional course; and skipping due process and going straight to conviction, while it may seem great in particular circumstances, and perhaps this is one of them for a lot folks, the long term and precedential ramifications of that would be horrible for everyone. He stated he did not have an opinion in terms of what took place or whether or not it was something criminal or not criminal, because he has not seen all the evidence the State Attorney’s Office has seen; he noted that he has a gut-level instinct, but his gut-level instinct does not supplant or do away with due process; and he empathizes with the fact that this is taking longer than what a lot of folks would like to see, even longer than he would like to see, but he is not in a position where he thinks it is appropriate for him to start breaching the separation of powers by telling the State Attorney’s Office to go ahead, skip it, and get this guy tried based on an outside influence that does not necessarily know what it being investigated, except for what they have seen on a video, and do not know what else is involved. He stressed that makes him very uneasy, as someone who is concerned about everyone’s rights, including the rights of the families that are now suffering as result of the unfortunate circumstances that took place; he urged the residents to give it time to allow the process to run its course; if one appreciates the outcome, that is wonderful; and if one does not appreciate the outcome then there are ways to voice one’s opinion at that point, but he thinks it is premature right now. Gail Oliveto expressed she and her husband were here to thank the Brevard County Fire Rescue (BCFR) for administering vaccines to them and her 94-year old mother; it was very frustrating for her to get on the websites; and sometimes she had three devices going at one time to get on and register, but she and her husband were treated so kindly and professionally at the facility where she and her husband had their shots. John Oliveto concurred by saying the staff had wonderful personalities, were very efficient, and had great senses of humor; he mentioned that they could not wait to get back with his 93-year old grandmother again, which they both just received the second shot; and he wanted to thank them all. Commissioner Pritchett thanked the Olivetos for that compliment; and she agreed the Board is proud of them also. H.1. Grills Riverside Restaurant: Request for Public Interest Determination (PID) for Grills Riverside Seafood Deck & Tiki Bar (Grills) to allow impervious areas exceeding 30 percent of the required buffer area. (District 4). The Chair called for a public hearing for a request for PID for Grills Riverside Seafood Deck Page 6 of 46

April 20, 2021 and Tiki Bar (Grills) to allow impervious areas exceeding 30 percent of the required buffer area. Commissioner Smith stressed that he has given this a lot of thought; he has talked with numerous people; he has mixed feelings about it; and he is going to support it. There being no further comments or objections, the Board approved the PID as requested by Joe Penovich, on behalf of EPH320, LLC, for Grills located at 6075 N. Highway 1, Melbourne to allow impervious areas exceeding 30 percent of the required buffer. Result: APPROVED Mover: Curt Smith Seconder: Bryan Lober Ayes: Pritchett, Lober, Tobia, Smith, and Zonka Commissioner Tobia indicated that he looked at this, and he agrees by obviously voting in the affirmative, but he would like staff to examine Code and bring back options on eliminating the requirement for the Board to make the PID, if the work has been done to find out that the ancillary structure causes no negative impact on the Lagoon; he is aware that it is not necessary to come before the Board on a private residence, and he advised that the same courtesy should be extended to businesses; according to staff, applicants would save approximately three to four weeks, and it would also save time for staff to have it brought before the Board; and this would only pertain if there was no negative impact on the lagoon. He motioned to direct staff to examine Code and bring back options on limiting the requirement for the Board to make a PID where staff determines that there will be no deleterious impact on the Lagoon, including whether this can be accomplished through amending Brevard County Policy (BCC)-96. Commissioner Lober proposed he would support a slight amendment to it; he suggested Commissioner Tobia is going in the right direction by ensuring there is no negative impact toward the Lagoon; he would also like staff to make sure there is no negative impact, as far as stormwater is concerned; and if Commissioner Tobia would include that modification he would go ahead and support it. Commissioner Tobia replied he is not against that; however, the County has BCC-96; this could be slotted into it; this would just be an option, and staff could bring that back; if Commissioner Lober’s idea was added to residential, he would not mind; but he would like to leave it the way it is, because it would be a heck of a lot cleaner if the Board could just slot it into the current Policy that is there. Commissioner Lober inquired if Virginia Barker, Natural Resource Management Director, and staff consider Commissioner Tobia’s suggestion to be sufficient; if they do not, he will not support it; and if they do, he will support it. Darcie McGee, Natural Resources Management Assistant Director, verified that it would be reasonable; it exists for the residential criteria right now; staff will bring back BCC-96 to the Board for approval; staff will write it up for the Board to look at; if the Board wants to add or delete something, it would still have the opportunity; and staff could certainly include stormwater in there as well. Commissioner Tobia pointed out if that was already in the residential then he would have no problem with it; and he explained he just wanted to keep it on parity. Page 7 of 46

April 20, 2021 Result: APPROVED Mover: John Tobia Seconder: Curt Smith Ayes: Pritchett, Lober, Tobia, Smith, and Zonka H.2. Ordinance Amending Section 6-3, Brevard County Code of Ordinances (Hours of Sale) The Chair called for a public hearing for an Ordinance amending Section 6-3, Brevard County Code of Ordinances (Hours of Sale). Commissioner Tobia stated nothing has changed since March 23 when the Board voted unanimously to move forward with this Ordinance; and he motioned to approve the Ordinance, as attached to the Agenda. Commissioner Zonka seconded the motion. Commissioner Lober indicated that he had every intention of supporting this as written; however, he had several individuals come forth to speak to him about this since the advertisement for it; he advised there is a real good middle ground that would accomplish approximately 98 percent of what the Board is wanting to get done today; one of the concerns that was brought up to him is if there are individuals getting out during the same time when school busses are picking up children or when kids are being driven to school, then it probably is not the best time to have drunks on the road; he suggested an alternative that extends it past the 7:00 a.m. to 2:00 a.m. hours that are currently permitted; and he proposed the hours extend all night on Friday and Saturday, but Sunday night through Monday morning, as well as the rest of the weekdays, except for the days he just referenced, extend the hours until 4:30 a.m. He explained this way the drunks would not be let out from the bars or leaving the bars inebriated at the same time children are on the road to school; he mentioned he spoke with Sheriff Ivey about it, and he is aware that this was a point of contention when it came up earlier; he confirmed that Sheriff Ivey is fine with either the original proposal or his suggestion, and he does not have a position between either proposal; he noted that he probably would not have asked Sheriff Ivey, except for the fact that his opinion was sought out during the original proposal; and he reiterated that on school nights the hours end at 4:30 a.m., and the rest of it be a free for all. Commissioner Tobia stated he appreciated the amendment, but this is the first time he has heard it; and he would be more willing to support it if there is any data on it, even if it is one piece of data other than anecdotal conjecture, which is the best he can get at this point. Commissioner Lober proposed if Commissioner Tobia will continue it, he will see if he can find something that is not anecdotal. Commissioner Tobia apologized and said he came prepared to this meeting, and he expects everyone else to come prepared as well; he would not support that amendment at this time; and he motioned to approve the ordinance as attached to the Agenda. Commissioner Smith asserted that if the Board approves this item today, Commissioner Lober can still provide Commissioner Tobia with some data, and he is sure that an amendment can be added at a later time; he is certain that Commissioner Tobia will be amenable to that; and he inquired if that was correct. Page 8 of 46

April 20, 2021 Commissioner Tobia replied if there is more than just anecdotal evidence. Commissioner Smith explained that Commissioner Lober would have to come up with some data. Commissioner Tobia responded affirmatively and explained if Commissioner Lober has reasonable, peer-reviewed data from an objective source that absolutely confirms that there are a substantial amount of drunks driving during those hours, then yes, he will be more than willing to make that amendment; and he does not have that data so he cannot make a decision based on conjecture at this point. Commissioner Zonka stated that is a pretty big assumption to assume that not only people are choosing to drink until 7:30 a.m. or 8:00 a.m., but also that all bars will be open and everyone will be wasted when they leave at that hour; she explained that she just does not see it; she did not see how that would put anyone else in more danger than a bunch of soccer moms drinking on a back porch somewhere waiting to pick up their kids from soccer practice at five o’clock; and she reiterated that she just does not see it. Commissioner Smith concurred. Commissioner Zonka asserted that was a lot of assumptions; and she commented the stars would have to align eight different ways for there to be a road full of drunk people at 8 a.m. Commissioner Smith agreed with Commissioner Zonka; he opined this is a solution in search of a problem that does not exist; but the other side of the coin is he does not see anything harmful about it. Commissioner Zonka proclaimed Brevard is not even a bar County; she stressed that Brevard is not a party town; and she expressed to assume that all bars are open, that everyone is drinking, because nobody works or has to work on Monday morning, and that everyone is wasted leaving at the same time as the school busses is a big stretch. Commissioner Smith commented that if the government keeps giving away money nobody will have to work. Commissioner Zonka agreed. Commissioner Lober stated he does not assume all the bars will be open; he felt that the mass majority of them will be closed; he does not think the roads will be full of drunks; however, he does assume there will be a very high likelihood there will be some people drunk from at least one, two, three, or four bars out of the more than 72-mile long County; his bottom line is there will be one additional drunk on the roads at a time when children are being transported to school; it is not just the children and the busses that he is concerned about; he is concerned about a mom or dad driving to school in a Mini-Cooper car; and if there is an accident and one kid is paralyzed or loses a limb on account of the Board’s impatience, even though it had years and years with this restriction in place, because he has not done his homework, even though he predicted this would be controversial, and the Board could not continue the item for another two weeks and maintain the status quo, then that is a concern to him. He reiterated that he does not think everyone is going to go out drunk; he does not believe all the bars will be open; he asserted that he has a genuine concern and many of his constituents, or even constituents from other Districts, expressed their opinion to him, as well; he mentioned he can ask if some Page 9 of 46

April 20, 2021 of those constituents want to come in if the Board wants to hear from them; what started as something being more than anecdotal evidence seemed to have additional requirements piled on in response to Commissioner Smith’s question; and he pointed out to Commissioner Smith if the Board passes this Item as it is written, the burden will then be on the Board to obtain a majority to modify it in any way. He reiterated that is his concern; if there is another way around it, and it could be passed with just two members, then that is wonderful; but if the Board votes in the affirmative today and votes in the negative later, it may not matter. Chair Pritchett indicated that she does not necessarily disagree with Commissioner Lober on this; and she inquired if the Board passes this then do the bars close at all. Commissioner Smith replied it is their choice. Chair Pritchett commented that if someone has been drinking all night then he or she will probably hang out in the bar for a while, because he or she does not have to leave at that point; she expressed she understands Commissioner Lober’s point; and it would not give her any heartburn to vote either way. Commissioner Smith explained his nay vote by saying he did not see a reason to have to do it today; he suggested the Board can wait two weeks for Commissioner Lober to come up with his anecdotal evidence; and if Commissioner Tobia agrees or does not agree the Board could vote on it then. Commissioner Lober thanked Commissioner Smith. Chair Pritchett inquired what does she do if she wants to change her vote. Commissioner Lober stated a motion to reconsider. Chair Pritchett made the motion to reconsider. Commissioner Lober seconded. Commissioner Lober apologized, because he did not mean to vote nay for the motion to reconsider. Chair Pritchett stated the Board was confusing her now. Commissioner Zonka informed Chair Pritchett that Commissioner Lober voted nay; and her vote to reconsider was turned down. Commissioner Lober apologized and said he voted incorrectly. Commissioner Tobia stated a vote to reconsider is procedural, and if she makes that motion again he will change his vote to allow for reconsideration. Chair Pritchett thanked Commissioner Tobia; and she explained that she tries to stick to Robert Rules of Order, but she is not always real good at it. Commissioner Lober apologized and said he messed that up entirely. Chair Pritchett asked for a motion to reconsider. Page 10 of 46

April 20, 2021 Commissioner Lober motioned to reconsider. Commissioner Smith seconded. Commissioner Tobia informed Chair Pritchett that she has to pass the gavel to make the motion herself. Chair Pritchett inquired if she has to make the motion. Commissioner Tobia replied unless someone else makes the motion, but she only has these two votes. Chair Pritchett passed the gavel to Vice Chair Zonka. Chair Pritchett noted that the Board does a modified Robert’s Rules of Order, because it is stuck with her. Commissioner Tobia expressed she is doing a good job. Chair Pritchett thanked Commissioner Tobia; and she asked for a motion. Commissioner Tobia informed Chair Pritchett that she has to make the motion. Commissioner Zonka asked for a motion. Commissioner Lober inquired if he should just move to table the Item. Commissioner Zonka replied that is probably better. Commissioner Lober motioned to table it, which would set aside the earlier vote that was taken in respect to this Item; and he inquired from Attorney Bentley, if that would work. Eden Bentley, County Attorney, responded yes, and there needs to be a date certain, because it is an advertised ordinance. Commissioner Tobia inquired from Attorney Bentley if there would be an additional cost to advertise it again. Attorney Bentley replied the ad is very broad, so the Board can make this amendment without a new ad. Commissioner Tobia thanked Attorney Bentley for doing it so broadly; and he expressed his appreciation. There being no further comments or objections, the Board continued an ordinance amendment of Section 6-3, Brevard County Code of Ordinances, to the May 4, 2021, Board of County Commissioner meeting. Result: APPROVED Mover: Bryan Lober Seconder: Curt Smith Page 11 of 46

April 20, 2021 Ayes: Pritchett, Lober, Smith, and Zonka Nay: Tobia H.3. Public Hearing, Re: Approval of Fire Assessment Rate Adjustment of up to thirty-five percent (35%). The Chair called for a public hearing for approval of the Fire Assessment Rate Adjustment of up to 35 percent. Matthew Wallace, Public Safety Director, read aloud Item H.3., public hearing for approval of fire assessment rate adjustment of up to 35 percent; he informed the Board he had a brief, four slide slideshow; he indicated Mark Schollmeyer, Fire Chief, and Scott Jurgensen, Deputy Fire Chief, are with him today; and he thanked the entire Fire Leadership Team for their hard work over the last year to get to this point. He stated at the March 9 Regular Commission meeting, the Board approved advertisement of today’s public hearing to consider up to a 35 percent fire rate adjustment using existing approved fire assessment methodology with annual adjustments equal to changes in the Consumer Price Index (CPI) or three percent, whichever is less; the department has met all statutory requirements for public notification for this public hearing, with all actions in close coordination with the County Attorney’s Office; and since the fire assessment was initially discussed and notified to the public, Brevard County Fire Rescue (BCFR) received over a hundred phone calls in regard to this fire adjustment. He pointed out that 80 percent of those calls were either positive, or the constituent had a better understanding of the need for a fire assessment; he noted Brevard County Fire (BCF) and BCFR were involved in responding to a downed World War II aircraft over the past weekend; it made an outstanding water landing off the coast of Patrick Air Force Base beach; and it also made National news. He went on to say that BCF and Ocean Rescues were one of the first crews on site, working hand in hand with Federal Emergency Responders from Patrick Air Force Base and the Coast Guard; the pilot was rescued and treated on site, and he was able to walk away from the downed aircraft with his life and no significant injuries; and he was able to return home to his family. He explained this is just one important reminder of the vital work the Fire Rescue Team does on a day-to-day basis; he pointed out the second slide reveals how the Department is at its current state; the most common question asked from the phone calls was why is a fire assessment needed; this slide is a good, graphical representation of the story of where the Department is at today; and it started back in 2008. He informed the Board that when it approved a fire assessment rate, it was 15 percent less than what was recommended; it was approved at that time with no additional increases; the recommendation was if a 15 percent reduction was approved, at that time, to include a 3.4 annual increase starting in Fiscal Year 2011 or year three of the fire assessment to close the gap between future revenues and expenses; and there would have been eight years of this annual increase had it been approved, but there was no increase in the fire assessment rate from Fiscal Years 2009 to 2019. He added that in 2018, the Board approved a fire assessment increase effective Fiscal Year 2019; the increased fire assessment rate was six percent in year one with an annual CPI increase or CPI, whichever was less, until an overall 15 percentage increase was reached; to date, the Department has executed 10.25 percent of the 15 percent previously approved by the Board in 2018, leaving 4.75 percent still to be realized; and the Board and staff discussed at that fire assessment meeting that there would be a need to revisit the fire assessment issue in 2021. He reported that the Department has survived these years by prioritizing the most critical operational, capital, and infrastructure needs on a year-to-year basis; he explained that he has broken down the Agenda Item into three parts or actions for ease of discussion, to be considered in any order that is most beneficial to the Board; action one would be for the Board to discuss the approval of the proposed rate options; options A and B have already been Page 12 of 46

April 20, 2021 discussed; option C would be for the Board to consider any other fire assessment rate less than 35 percent that was previously approved by the Board; and each option, as previously considered by the Board, would have an annual CPI increase or three percent, whichever is less. He stated that based on the recent discussions coming regarding this topic, the Board may wish to consider allocating revenue replacement funds that may become available through the American Rescue Plan Act (ARPA); across the staff, this amount is estimated to be about $8.5 million; allocating this amount will reduce the determined fire assessment rate by four percentage points; this aggregate amount would essentially be the same over the seven-year period as compared to a higher fire assessment rate adjustment; the Department would allocate these funds incrementally over a seven-year period to cover those needed requirements; and if the Board decided as such, Staff would adjust the resolution accordingly while allocating these funds as they became available. He pointed out that option three would be for the Chair to approve the rate resolution, subject to the changes to reflect the Board’s approval, upon review by the County Attorney; he thanked the Board for the opportunity to have this discussion; and both the fire team and he stand ready to answer any questions or concerns that the Board may have. Chair Pritchett inquired if the Board, because of the amount of comment cards, will approve two minutes for public comments. Commissioner Lober motioned to limit public comments to two minutes. Commissioner Smith seconded. Commissioner Lober stated he is aware that the constituents in District Two that have reached out to his office, all or at least all that have reached out 24 hours in advance, received pages and pages from him as to why this is necessary and unavoidable; he asserted that no one on the Board wants to increase costs for County residents; it is not politically beneficial for them or that the Board enjoys doing it; those that are paying into the millage, which he supposes is everyone, wants to pay more than necessary; it is not something that anyone is taking lightly; as the graph indicates, $14 million has dwindled down to $1 million in a dozen years; and it put the County in a horribly, precarious spot. He continued by saying that one bad storm or major natural disaster would put the Department in the negative; he stressed that the County needs to quintuple what it has in Reserves to get back in an area where there is any level of comfort, based on what other agencies do; the County will not reach that, doing what it is doing; there is no more money left in Reserves, except for approximately $1 million; and that is not enough to continue Reserve spending. He expressed that, unfortunately, the can has been kicked down the road for a dozen years, and it is up to the Board to do the minimal amount necessary, or to kick it down the road again and leave it in some other Commission’s lap, or to do the right thing to get the Department in a sustainable spot; he relayed a constituent’s opinion as being taxed to death; he recognizes that this is something that will add to the cost of living for everyone that is going to face it; but the fact is a lot of the crews are at the bare minimum of what the national organizations recommend; and some of the national organizations were below the bare minimum for the number of emergency responders or first responders that are on the crew. He went on to say if the crews are cut, residents will not be dead from taxes, but because there are not enough proper crews; that is a very real concern for him; he added that there are infrastructure concerns that this would help with; there are huge attrition concerns between years zero and 10; there is a particular emphasis between zero and five; and the County is losing first responders left and right. He indicated that one of the District Chiefs, not even from his District, sent him a Facebook or text message showing one of the fire or District Chiefs from a competing organization was joking about Brevard County recruiting and training responders to have them stolen and pried away by another county, because that county Page 13 of 46

April 20, 2021 actually pays competitive wages; he is certain that no one on the Board is looking to making this a luxurious destination Department, where people are coming from all over the Country in order to make use of the wonderful benefits and the ungodly salary the County is paying; and he is seeking to get the County at least in the middle of the pack. He continued on by saying he understands that the County is in the middle of COVID-19; when he brought up the idea of using some of the ARPA funds to offset the impact, it was because he recognizes that the County is in the middle of COVID-19; he mentioned that he appreciates that Chair Pritchett spoke with County Management and came up with an amendment or modification of that, where it would be applied across the seven years; and he feels that is wonderful. He proposed that if he ends up being the Commissioner to make the motion at the end of this, and include in the motion to go forward with an inevitable increase, is going to be to use the ARPA funds to that maximum $8.5 million amount to offset whatever can be offsett; so whether it is going to be 35 percent otherwise, then that would be a 31 percent increase, in effect, over the term; he can affirm that the percentage is very high, but there is a cost to do business; and nothing has gotten cheaper over the long run. He pointed out that the County is not competitive with wages; if one looks at the percentage, it is important to factor in and keep in mind, that the County was not competitive at the beginning of this, and it is not now; there was an artificially low rate the County was charging, because of the pattern and practice of Reserve spending, if it were not for that, it would not be anywhere near this percentage; since the County has been paying less than what it cost to sustain that Department and to sustain current levels of service it is a higher percentage increase; and if the County charged what it actually costs just to maintain the level of service that has been received, it would not be as high a number. He continued that he knows a lot of people are fixated on the percentage, and he understands it is a high percentage; it is a sensational number; if one looks at what the end cost is if the full 35 percent is implemented, it is still less than a lot of the competing areas are; he feels it is important to bear in mind what it actually costs the County; he knows many people are probably negative towards this; and he is aware that people who are happy with how things are going, do not take time out to come to a 9:00 a.m. meeting. He read aloud an email that was sent to all the Commissioners, “I will not be able to attend the April 20 meeting. I wanted to send you a letter to express my opinion on the matter of a 35 percent increase in fire assessment. Although my husband and I are on a fixed income, we are in favor of the increase. We live in a 2,700 square- foot home. The increase for us would be a little over $100 for the year. That increase only amounts to an extra $8.60 a month. After reading most of the 27 pages of information on the Fire Department summary, it seems rather evident that the need is great and contributing that little extra would have a considerable long overdue impact. It is astounding how many calls are processed by dispatch and how many emergency response units are then deployed. The health and safety of our community should be paramount, and we should have well-trained firefighters. The equipment they use should be up to date, not 30 years old and requiring expensive repairs. Of note, in the summary, is the reference to attrition and the difficulty recruiting firefighters, because the pay is higher elsewhere. I think the term used was competitive wages. If we want to have well-qualified members of the Fire Department it only makes sense that they should have pay that is at least commensurate with other counties.”; he mentioned that she goes on to talk about the risk of burn-out; he pointed out that the letter is the Cliff Notes Version; if anyone is interested, regardless of which direction this goes today, who wants copies of the documents that he has sent out to his constituents, whether if he or she resides in District 2 or otherwise, he is happy to send to him or her what justifies it to him; and the one item he did not want to focus on in the responses he provided to his constituents, but does bear worth mentioning, is the fact that the Board needs to get the Reserves up. He asserted that leaving the Reserves where they are is perilous; if any of the Commissioners have questions, he urges them to ask either Chief Schollmeyer or Colonel Wallace about it; he explained that having a million dollars in Reserve for a County with 600,000 people that is over 72 miles long is, maybe he will not go as far to say insane, but it is incredibly dangerous for the Page 14 of 46

April 20, 2021 County; and that is where he is at. Linda Sperberg stated she is at the Board meeting to thank the Fire Department for everything it has done for her husband last April; he went into cardiac arrest; unbeknownst to her, he had a blood clot go into his heart; in the process BCFR revived him three times, gave him seven vials of epinephrine, and did an incredible job; one of her neighbors, a retired Emergency Room (ER) nurse, was amazed; her neighbor had never seen the kind of response that they gave; this is what the County needs; this is the sort of thing that makes Brevard County special; and she thanked the BCFR for everything it did for her husband. John Cooper reported he was opposed to the fire special assessment; he advised any increase is unwarranted, and a 35 percent increase is outrageous; he would rather take the $200 that is proposed he spend each year and buy fire extinguishers for his home and upgrade his own home fire system rather than paying for a service that he has never used in his 65 years of life and does not intend to use; he keeps his house safe and does not need to pay this money; and he referenced an article from the Washington Post, dated September 4, 2015. He pointed out from the article, that there is half as many fires as there were 30 years ago but about 50 percent more people being paid to fight them; the demand is plummeting, because of the fire codes and things; he advised that any increase is unacceptable to him; and if the Fire Department believes it needs to save some money, it should close the firehouse next to him, and he will take care of his own fire needs. Rick Heffelfinger related that he has come to the Board about this in the past; he opposes it, because it seems like an incredibly high number; he recognizes there may be some problems with the firefighters’ salaries, and he is sensitive to that; and he has an alternate proposal of 15 percent. He went on to say that 15 percent is a lot different than 29 or 35 percent; 15 percent would come from taxpayers, and 5 percent should come from the Coronavirus Aid, Relief, and Economic Security (CARES) Act funds or the stimulus money; a lump of money can be passed out for 5 percent bonuses to encourage the young firefighters with sign-on bonuses; another idea is to give a follow-up bonus after the second year; it is not giving them a base increase, but it is at least giving them something to try to hold them there; and 15 percent is quite a bit of money when one talks about the size of the assessment today. He asserted that it gives nine percent of growth across the entire salary budget; he advised there is plenty of money in 15 percent, and 5 percent is an extra that gets the Department up to 20 percent; although 20 percent is still short 9 percent, all of the infrastructure, the capital, and the Reserve could be funded from the stimulus; there is already a leftover 11.9 percent floating around from CARES funds; he is aware that it is targeted for Emergency Medical Services (EMS); he noted that Commissioner Tobia informed the Board that the ambulances park in firehouses; and he explained if the County has money to put into infrastructure, the County can fix fire houses with the money that EMS received from CARES funds. Brian Fleming, Libertarian Party of Brevard County Chair, informed the Board his organization is opposed to the 35 percent increase of the fire assessment tax for unincorporated Brevard; when his organization heard of this increase, they did their due diligence and started thinking of the reasons for an increase; they read the proposal, and discovered it has zero specifics as to the exact cost the increase would cover; it generally stated it would increase salaries and refill the Reserve coffers; and they had questions. He inquired how much salaries will increase, what rate will the Reserve coffers be refilled, and will the cost of living increase if there are artificial pay increases, thereby eliminating the solution that the Board intends to help; he inquired if there are other solutions to this problem; he advised he is aware that unincorporated Brevard includes the municipal municipalities of Grant Valkaria, Melbourne Village, Palm Shores, and West Melbourne; and he quoted John Ditmore, Deputy Mayor of West Melbourne, Page 15 of 46

April 20, 2021 from a March 29, 2020 meeting, “the costs seem to exceed the value of what we are paying for. We have to take a look at doing this ourselves to see if it is more cost effective.” He continued to quote Commissioner Tobia, “I think it is very conservative of West Melbourne’s, Hal Rose, and the City Council to consider alternatives when the County is looking at raising fees 29 to 35 percent on its residents and provide no additional coverage. I fully support them in investigating what is best for their residents. This Commission needs to work within its set budget.” ; he noted his party’s platform is against aggressive taxation, but it seems the County is giving more breaks to businesses than to residents; he inquired how many businesses in this County do not pay the fire assessment tax; and he pointed out there is a motion to approve a tax break for Dark Storm to entice them to move their headquarters to Brevard, but who makes up the differences for their services. He commented that since his party is a party of solutions and not just complaining, he offered solutions that are in no particular order; one solution is to transfer fire support from unincorporated to West Melbourne; another solution is to perform a financial audit of the Fire Department and see where spending can be reduced or cut; third, is to perform a services audit of the Fire Department and discover where services can be reduced or cut; an additional solution is to stop handing out tax abatements to new developers in business; and lastly, research the privatization of larger areas of coverage, as in Scottsdale, Arizona. Jeanne Whealton informed the Board that on July 27, her husband, Dennis, gave her an engagement ring; on July 28, Dennis had a heart attack, a full cardiac arrest; he has never had any heart problems that he knew of; she gave him Cardiac Pulmonary Resuscitation (CPR) until the paramedics came; and if it were not for the dispatcher and the BCFR Engine 83, her husband would not be here today. She went on to say that she could only do CPR; the men and women of the rescue team stabilized him and brought him back to life with their equipment; he was transported to the Holmes Heart Center, where he spent 18 days; he had triple by-pass surgery, because he had three arteries that were blocked; and her question for the Board is how much is a human life worth. She inquired what is the worth of the Commissioners’ wife, daughter, or son’s life; the rescue workers are out on the roads all of the time; she noted that she is aware that the Board deals with budgets, but 35 percent is nothing when it compares to one’s human loved one; the Department’s budget should be increased at least 35 percent; and she inquired what is a $100 a year per family when a loved one’s life is at stake. She expressed that she just met her husband; he is the love of her life; he promised her 20 years; and she said that while she was giving him CPR, that he promised her 20 years, and she wants those 20 years. She reported that the Department’s service and dedication is phenomenal; the first responders were there that day to help her, and she could not ask for anything else; they were outstanding people; and she thanked God and the men and women that were there that day to help her and her husband, Dennis. Dennis Whealton stated, as has been relayed, he suffered a cardiac arrest; he expressed that, fortunately, his wife was there to keep him on a thread until the distinguished individual showed up with their technicians and their equipment and brought him back; he can honestly say that it is much nicer on this side of the grass than the other side, because he was on the other side; he actually died; he declared that for those who have fire extinguishers to save their house, he wished them luck, because that would not have worked in his case; and he feels fortunate that the County has a crew that is dedicated and skilled, who actually do care. He went on to say that they run to the sound of death and destruction; it is not easy to do; the general public does appreciate their work, because people only need them when they need them; but when they need them they need them now. He indicated, that in regards to the proposed increase, the Board is just unlucky; the County has made a paradise, and people keep coming; he inquired what can the Board do; expansion and building has to happen; resources have to be available; the County is a victim of its own success; and the residents do not mind paying, because it is Page 16 of 46

April 20, 2021 worth it to live in paradise. Daniel Murphy informed Commissioner Lober that he met him 2 years ago; he pointed out that he is being taxed for no fire service; the Insurance Services Office (ISO) rating in his unincorporated South Cocoa Beach is either a nine or ten; what he would like to see done, for the money he is paying, is to have service; he mentioned that he contacted the City of Cocoa Beach, and it is offering an autoimmune response; he also talked to the City Clerk three days ago; and the City wants to be paid 40 percent of the revenue that the County is presently collecting in the fire assessment. He noted that leaves the Board with 60 percent for the Department to use; the City of Cocoa Beach will agree; it wants to hire three firemen; it will have an auto response; all the good comments about the firefighters coming to save lives and put out fires will work; he reported that right now it is a maybe; and his neighborhood has lost two houses in the past 30 years that were complete losses. He indicated that this fire service comes from Satellite Beach; it is seven miles away; the only time Cocoa Beach will respond is if the other asks for help; that is a human intervention; and to him, that takes time. He revealed that he has talked with Commissioner Lober about it; he requests that if the County is going to tax his community for the fire service, then give them the fire service that they are paying for; he requests the Board look into offering Cocoa Beach an autoimmune response; and he advised the money will be well spent if the Board is considering 40 percent of the revenue. Michael Berry expressed that if he went to his wife and told her he needed a 35 percent increase on his monthly mad money stipend that he receives, she would ask what does he want the money for; if he replied to her that over the past 10 years she should have given him more, and he is trying to make up for it now, then she would probably ask again what does he want the money for; he supposes that in the letter, that the Commission sent out, it stated the monies were not accounted for; there was no audit; and there was no supposed budget and budget items. He stated that he spent 30 years in the Army and 15 years as a Senior Executive with the Defense Intelligence Agency (DIA); in every unit of the Army he was in and every entity in the DIA he was in, a yearly budget projection was crafted for what they were going to need; salaries were not considered so much in the Army, but equipment, operational costs, transportation costs, DIA bonuses, and what was needed to spend money on, etcetera was considered; and his take on the letter he received is this has never been done. He stressed that the Department may need to sit down and crunch the numbers to say how much money is needed; he asserted that should be done and made public to justify a 35 percent increase; the Department ought to say what is needed and where the money is being spent; and residents do not know, based upon the letter that was received, if there was any fraud, waste, or abuse. He inquired if there was $35 million and $1.5