Brevard County Board of County Commissioners

Tuesday, March 22, 2022 9:00 AM Brevard County Board of County Commissioners 2725 Judge Fran Jamieson Way Viera, FL 32940 Commission Chambers Minutes Regular March 22, 2022 A. CALL TO ORDER 9:03 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 Kristine Zonka Chair Zonka led the assembly in the pledge of allegiance. E.1. Resolution, RE: Florida Surveyors & Mappers Week in Brevard County Commissioner Zonka read aloud, and the Board adopted Resolution No. 22-025, recognizing Florida Surveyors and Mappers Week in Brevard County. Mike Sweeney, Brevard County Surveyor, expressed his thanks on behalf of all the surveyors in the County; he introduced the Senior Surveying and Mapping Supervisors, Sam Vanderwalker, Gil Crook, and Tony Patel, some of the best surveyors he has worked with a long time; he gave a call-out to his staff upstairs working in the offices and out in the swamps and everything else, Amber Holley, Larry Lytle, Rick Henning, Mark Cornell, Garrett Gordon, Brian Dolan, Brian Joyalle, Jared Aldrich, and David Labastida; while he has an audience, he wanted to say there is an opening for a Survey Field Tech One beginning position here; if anybody loves to work out in the field, fair and foul, and likes math and maps, please send in your application; and he would love to have them come join the family. Commissioner Smith mentioned he had a very trying weekend; he wanted to address the passing of Roger Gangitano; he was well-known in the community, particularly in the Republican Party community; he passed fairly suddenly on Sunday; and he was very instrumental for both of his elections. He added if someone needed something done, they went to Roger; this was true in 2014 and in 2018; if he needed someone to answer phones, drive a car, or stuff an envelope, he was there; and he was just a terrific person that will be missed. He stated then on Friday, Pat Woodard passed; he does not have to tell anyone how much he will be missed but he had to tell a good story; he was in constant contact with his wife and every day they talked; Mr. Woodard went into hospice last Tuesday or Wednesday and he was sedated; and every morning she would tell me she thought today might be the day, or maybe tomorrow. He went on to say that Friday she told him today might be the day, as she said she could see some different signs and he is resting peacefully; he started texting people to tell them it was close and he had not gotten to the third text when Ms. Woodard called and said he had passed; she was happy because he was not in pain anymore; she told him that hospice had told her to say it was okay to go, so she whispered in his ear that her sister was coming tomorrow, the one he hates from Hawaii, and you know you do not want to be here when she shows up; and it was not five minutes later and he stopped breathing. He remarked two great gentleman and they are gone. Chair Zonka stated she knows how much Mr. Woodard meant to Commissioner Smith and all of the Board members have their Pat Woodard stories; she had the pleasure of serving with him on Palm Bay City Council in 2007; they had a few battles but always respected on another; he had a big personality and was a good person; she knows how much he valued his friendship with Commissioner Smith; and he is going to be missed for sure. Commissioner Pritchett commented she did not remember any County business without Pat Woodard; he served all the way up until he could not; he was a great person and did so much for the County; he used to keep Commissioner Smith in line before the meetings; what a wonderful person; and as a County, it will miss him being here. Page 1 of 32 March 22, 2022 Chair Zonka shared that she and her husband had called Mr. Woodard after he was given his diagnosis; she stated she does not think she has ever heard the man talk more rapidly than he did that night; he said it changed his whole perspective; he trusted in God and had a positive attitude; he wanted to tell people he loved them; he was an amazing person; and she will never forget that phone call and how happy he was to hear from us and to share his thoughts. Commissioner Smith stated Mr. Woodard was upbeat right up until the very end; if someone spoke to him in the last days he was lucid, he would tell them how happy he was, how blessed he was and happy to go home to Jesus; and he was ready. Result: ADOPTED Mover: Rita Pritchett Seconder: Curt Smith Ayes: Pritchett, Lober, Tobia, Smith, and Zonka E.2. Proclamation recognizing April 2022 as Water Conservation Month - District 1 Commissioner Smith read aloud, and the Board adopted Resolution No.22-026, recognizing April 2022 as Water Conservation Month. Jim Cannon, Intergovernmental Coordinator for St. Johns River Water Management District, expressed his thanks to the Commission and to Commissioner Pritchett for agreeing to be the sponsor for this proclamation; he commented these proclamations are a great way to highlight the important vital issue of water conservation across, not just this region, but the entire State; this is just one tool to emphasize how important water conservation is; he reminded everyone that even the smallest step that is taken as an individual, at home, at work, or recreating; and that one step can make a difference if everyone does it. Result: ADOPTED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F. ITEMS PULLED FROM CONSENT AGENDA Chair Zonka asked the Board for any items to pull from the Consent Agenda; and she has a card for F.1. Commissioner Tobia stated he would like to vote no without comment for Item F.13. Commissioner Lober stated he would like to vote no without comment for Items F.10. and F.11. F.1. Florida Department of Environmental Protection Grant WG074: Brevard County Indian River Lagoon 100 Quick Connects to Sewer Virginia Barker, Natural Resources Management Director, announced this is a grant from the State of Florida to provide 50/50 matching funds for connecting 100 homes to sewer and abandoning their septic systems; the local match is already approved in the Save Our Indian River Lagoon (SOIRL) Project Plan; and the agenda item would authorize the Chair to execute the grant contract, authorize the County Manager to execute any future amendments and approve related Budget Change Requests. Sandra Sullivan stated it is great to get all this money, as this is nearly $1 million to go to septic Page 2 of 32 March 22, 2022 to sewer; at the last SOIRL meeting for the monies that have already been received for this, it is a pitiful number of actual implementations that have occurred; there was some discussion about it and apparently, there has been only one postcard gone out to homeowners; a better job has to be done if the County is going to spend the money; and there was also discussion where before it was focused on, she thinks the number was 10 percent of septic systems are creating the bulk of the nutrient loading in the Lagoon from septic and those were the highest priority. She added now it is looking at replacing all septic in the County, but the Lagoon was the focus and prioritizing those septic systems that have the most impact; and if the County is not doing a good job of replacing those, that needs to be reassessed to get that back on track. Chair Zonka asked Ms. Barker to talk about the efforts to convert people from septic to the County system. Ms. Barker replied yes, and she advised it is not just to the County system, it is also to the municipal wastewater treatment plants and central sewer systems across the County; County used the State approved model to estimate the loading from each of the over 53,000 septic tanks that are in the Indian River Lagoon watershed in Brevard to identify the highest-priority sites; postcards were sent to those highest-priority sites; and there was low participation, so in this year’s project plan that was approved by the Board in February, there was an increase in the cost-share that would be available and the County is trying to reach either those same or the next highest-priority sites and the cost-share that would be available to the second-priority sites would be based on how much load reduction is actually achieved. She added whether it is one house loading 40,000 pounds a year, or two houses loading 20,000 pounds each, the same benefit would reach the Indian River Lagoon. The Board authorized the Chair to execute Grant Agreement WG074 with Florida Department of Environmental Protection (FDEP) for Brevard County Indian River Lagoon 100 Quick Connects to Sewer; authorized the County Manager to execute any future amendments to this Contract; and approved related Budget Change Requests. Result: APPROVED Mover: Rita Pritchett Seconder: Curt Smith Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.2. Approval RE: Transportation Impact Fee Technical Advisory Committee for Merritt Island/North Beaches Benefit District Project Funding Recommendations (Districts 2 and 4) The Board approved the project funding recommendations in the amount of $589,000 as prepared by the Technical Advisory Committee for the Merritt Island/North Beaches Benefit District on February 28, 2022; and authorized the Budget Office to execute any Budget Change Requests necessary for implementation of these recommendations. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.3. Acceptance, Re: Binding Development Plan with Michael and Malena Stewart. (District 2) Page 3 of 32 March 22, 2022 The Board executed Binding Development Plan with Michael and Malena Stewart, for property located on a parcel of land being a portion of Block H of A. & B. Bruners re-subdivision of Blocks A, H, J, K, and parts of Blocks C & I of A.L. Bruners re-subdivision of Burchifeld & Bruners Addition to Crescent Beach. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.4. Approval, Re: Donation of Temporary Construction Easement (TCE) from Rachel Mobile Home Park, LLC for the Aurora Road Sidewalk Project, Phase 1- District 5. The Board accepted the donation of Temporary Construction Easement (TCE) from Rachel Mobile Home Park, LLC for the Aurora Road Sidewalk Project, Phase 1. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.5. Approval, re: Performance Bond and Contract for Aripeka Subdivision, Village 2, Neighborhood 1, Phase 2 (Plat Name: Aripeka at Viera, Phase 2) - District 4 The Board, in accordance with Sections 62-2841(i) and 62-2844(a), Brevard County Code, authorized the Chair to sign the Subdivision Infrastructure Contract for Aripeka Subdivision, Village 2, Neighborhood 1, Phase 2 (Plat Name: Aripeka at Viera, Phase 2) in substantial form as Exhibit A, upon staff receipt of the recorded deed to SFM Development, LLC; and adopted and authorized the Chair to sign Resolution 22-027, in substantial form as Exhibit B, releasing the current Contract with The Viera Company, and associated bond, after the execution of the new Contract with, and receipt of the necessary bond documents from SFM Development, LLC. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.6. Request Permission to Issue Invitation to Bids, Request for Proposals, and Requests for Qualifications (FY 2022) funded by the Utility Services Department Operations and Maintenance Budget. The Board granted Purchasing Services, on behalf of Utility Services Department, approval to perform the following actions regarding the attached list of commodities and services for Fiscal Year 2022: • Solicit a competitive Invitation to Bid to the lowest most responsive and responsible bidder for the projects outlined in the Summary Explanation and Background i.e. projects 1, 4, and 5 as listed on the Agenda Report. • Solicit a competitive Request for Proposals and Requests for Qualifications; approve the recommended selection and negotiation committees; and award contracts and/or purchase orders per the selection and negotiation committees’ recommendations. • Exercise renewal options upon evaluation of supplier performance and recommendation from Utility Services staff with the approval of Purchasing Services. This Page 4 of 32 March 22, 2022 establishes that continuance of the contract is favorable prior to renewal of the agreement. • Authorize the Board of County Commissioners Chair to execute all contracts, contract renewals, contract amendments, and any necessary contract extensions that exceed $100,000 in total aggregate value, upon review and approval by the County Attorney’s Office, Risk Management, and Purchasing Services. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.7. Approval, Re: Contract with the School Board of Brevard County for the Summer Food Service Program The Board authorized the Chair to execute the Contract with the Brevard County School Board to provide a summer food service program at twelve summer camp sites in accordance with the Sponsor Contract between Board of County Commissioners and Florida Department of Agriculture and Consumer Services Division of Food, Nutrition, and Wellness. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.8. Approval, Re: Federal Transit Administration Fiscal Year 2022 Certifications and Assurances The Board approved and authorized the Chair to sign the Fiscal Year 2022 Certifications and Assurances for Federal Transit Administration (FTA) Grants; and authorized you to execute the Certifications and Assurances electronically. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.9. Approval, Re: Authorizing Resolution, Grant Application, Certifications and Assurances, Executive of Follow-Up Grant Agreement for FY2022/SFY2023 Space Coast Area Transit Section 5310 Formula Grant with the Florida Department of Transportation The Board approved the following actions for FY2022/SFY2023 Section 5310 Formula Grant for Enhanced Mobility of Seniors and Individuals with Disabilities with the Florida Department of Transportation (FDOT) in the amount of $370,000: • Authorize the Chair to sign the Authorizing Resolution No. 22-028, FDOT Certifications and Assurances, and Federal Form SF424: Application for Federal Assistance. • The use of FDOT Toll Revenue Credits. • The Transit Services Director to sign the Grant Application – Applicant Information, Applicant Eligibility, Grant Application Cover Letter, Transportation Plan Certification, Proposed Budget, Standard Lobbying Certification, Leasing Certification and the Certification of Equivalent Service. Page 5 of 32 March 22, 2022 • If necessary, the Transit Services Director to execute and submit the Grant Agreement electronically, contingent upon County Attorney and Risk Management approvals. • Authorize the Transit Services Director to execute any additional follow-up documentation, resolution, and amendments necessary to secure these funds. • Authorize the County Manager to execute any necessary Budget Change Requests. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.10. Authorization to advertise Invitations to Bid for wireless co-location on existing County-owned Towers that are part of the 800MHz Radio System. The Board authorized advertising via Invitations to Bid for future wireless co-location assignments on the County-owned towers dedicated to the 800MHz Public Safety Radio System, as new spaces become available during Fiscal Year 2022; authorized the County Manager, or his designee, to execute the licenses and any additional changes, documents, administrative or budget actions, as well as any amendments to the licenses, subject to approval by the County Attorney’s Office and Risk Management; and directed the associated revenues to support the operation, maintenance, and enhancement of the 800MHz Public Safety Radio System. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Tobia, Smith, and Zonka Nay: Lober F.11. Authorization to advertise Invitations to Bid for wireless co-locations on County-owned properties/towers listed on the Wireless Telecommunications Facilities Master Plan. The Board authorized advertising via Invitations to Bid for future wireless facilities development/co-locations on the County-owned properties/towers listed in the Board approved wireless Telecommunications Facilities Master Plan, as new requests are received during Fiscal Year 2022; authorized the County Manager or his designee to execute the licenses and any additional changes, documents, administrative or budget actions, as well as any amendments to the licenses, subject to approval by the County Attorney’s Office and Risk Management; and authorized the County Manager to direct the associated revenues to the Emergency Operations Center Funding. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Tobia, Smith, and Zonka Nay: Lober F.12. Sheer Look Homes, Inc. Code Enforcement Liens. The Board authorized the County Attorney’s Office to file foreclosure action against Sheer Look Page 6 of 32 March 22, 2022 Homes, Inc. based on Code Enforcement liens totaling $10,054.26. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.13. Request for Executive Session: Rachel M. Sadoff v. Board of County Commissioners of Brevard County, Florida, et al, Case No. 05-2019-CA-058736 The Board approved the cost of advertising for and the scheduling of, a private session on April 19, 2022, at the conclusion of the meeting of the Board of County Commissioners pursuant to section 286.011(8), Florida Statute, for the purpose of discussing litigation strategy and settlement negotiations in the case of Rachel M. Sadoff v. Board of County Commissioners of Brevard County, Florida, et al, Case No. 05-2019-CA-058736. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Smith, and Zonka Nay: Tobia F.14. Appointment(s) / Reappointment(s) On the recommendation of Commissioner Tobia, the Board acknowledged the reappointment of Monique Miller to the Marine Advisory Council. Said term of appointment expires December 31, 2023. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.15. District 5 Purchase Order Records The Board acknowledged receipt of purchase order records from District 5 Commission Office. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.16. Purchase Order Records District 1 Commission Office The Board acknowledged receipt of purchase order records from District 1 Commission Office. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka Page 7 of 32 March 22, 2022 F.17. Amended District 3 Purchasing Card Records The Board acknowledged receipt of the amended purchasing card records from District 3 Commission Office. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka F.18. Bill Folder The Board acknowledged receipt of the Bill Folder. Result: APPROVED Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka H.1. Petition to Vacate, Re: Public Drainage Easement- 275 Camino Place - “Woodland Estates Section II” Plat Book 27, Pages 41 - Melbourne Beach - William J. Beauparlant - District 3 Chair Zonka called for a public hearing to consider a petition to vacate a portion of a public drainage easement at 275 Camino Place – Woodland Estates Section II, Plat Book 27, page 41, Melbourne Beach, as petitioned by William J. Beauparlant. Marc Bernath, Public Works Director, stated Item H.1. is a petition to vacate a public drainage easement at 275 Camino Place, Woodland Estates in District 3; he is requesting the Chair to sign the resolution; and the petitioner is requesting five feet of a 20-foot wide public drainage easement for the construction of a pool and there are no issues. Chair Zonka asked Commissioner Tobia if there were any issues since this is in his district. Commissioner Tobia replied he has no issues. The Board adopted Resolution No. 2022-029, vacating a portion of a public drainage easement in plat “Woodland Estates Section II” Subdivision, Melbourne Beach, as petitioned by William J. Beauparlant. Said Resolution has been recorded in ORBK 9465, Pages 2649 through 2453. Result: ADOPTED Mover: John Tobia Seconder: Curt Smith Ayes: Pritchett, Lober, Tobia, Smith, and Zonka I.1. District 2 Proposed Allocation of Available Funds Commissioner Lober stated he had a couple of changes as to what is on the Agenda, having spoken with staff and some of the Constitutional offices; with respect to number two on the Item, about staff education and/or trainin, he wanted to have another option in there to allow for the $60,000 identified to be used for Brevard County Fire Rescue (BCFR) employees and Brevard County Sheriff’s Office (BCSO) employees to go to the respective academies, provided they commit to work with either BCFR or BCSO for a period of time; he will work with Page 8 of 32 March 22, 2022 Human Resources (HR), BCFR and BCSO to get the specifics in terms of all the requirements; and he just wanted it understood that the pool of funds could be used for that as well. He added there may be some level of local preference just to have a higher retention level in terms of the number of months; the other change is the last bullet point on the first page through the second page, he is going to strike that altogether; and everything else will remain the same. Commissioner Pritchett stated for the second bullet point on the second page, she would be more comfortable if the Chair signs the contracts. Commissioner Lober remarked that is fine and he would just strike that whole bullet point. Commissioner Tobia stated he is sorry, this seems to contemplate two things; he would ask for a little more clarification on that; this has the remaining spending of the CARES Act money in total of $481,000; the one that reads staff shall be authorized to execute any necessary Budget Change Requests (BCR) to effectuate the above; and he asked what ‘the above’ now refers to. Commissioner Lober remarked everything above, that was not stricken. Commissioner Tobia commented that it is just the $481,000; and he asked how that will impact the last bullet point stating this motion is in keeping with BCC-43, as approved by the Board of County Commissioners (BOCC) on September 13, 2021 which states, in pertinent part, “Each District Office has discretion and approval over the line items within their budget.” Commissioner Lober replied it renders that one irrelevant; and if he wants it stricken, he can; but it makes no difference, as it does not authorize or preclude anything. Commissioner Tobia responded he was wondering what the change would be. Commissioner Lober remarked if he wanted to take it out, he really does not care because it has no impact with the first one that he mentioned striking. Chair Zonka asked to be clear, he is not requesting the audit. Commissioner Lober replied he is not even addressing it in this; it is not that he is requesting it or not requesting it; and this action has nothing to do with that. Chair Zonka remarked okay, but this was part of this Item. Commissioner Lober replied right, but it has been stricken. Chair Zonka stated she just wanted it clear. Commissioner Lober stated he would make the motion just so it is clear; he does not want there to be any ambiguity; the motion is to approve this as-is, with the only changes being with expanding the pool that is identified under number two, the $60,000 pool to allow for BCFR and BCSO academy costs for a person that signs up with either such agency; he will work with HR and the respective agency to determine what requirements are put in place for that; he is striking the final bullet on the first page which runs onto the second page; he is also striking the second to last bullet on the second page which Commissioner Pritchett suggested; and otherwise it is unchanged. Chair Zonka asked if the last two bullets were stricken also. Page 9 of 32 March 22, 2022 Commissioner Lober replied if the Board wants; and he asked Commissioner Tobia. Commissioner Tobia remarked since the bullet point above has been stricken, he thinks for clarity it may be simpler to say “whereas the version of this Agenda Item presented on March 8th”, everything from that bullet point down, is not needed. Commissioner Lober interjected to say the BCR part is needed. Commissioner Tobia responded okay, that is correct to effectuate the changes that could come, with the exception of ‘staff shall be authorized to execute any…’ Commissioner Lober interjected for clarity’s sake, he will reiterate the motion one last time; the changes that were referenced with respect to number two, the $60,000 pool, that is contemplated as being changed as discussed; everything beginning with ‘whereas the version of this agenda item presented’ through the end of the Agenda Item, with the exception of the line addressing necessary BCR’s, all the stuff that follows is stricken for purposes of the motion; and he asked if the Board was on the same page. Chair Zonka asked if the Clerk understood. The Clerk responded affirmatively. Commissioner Tobia stated he thinks that this was a suggestion that came from his office a few weeks ago; it puts him in a tough position because he asked Commissioner Lober to bring this forward and he did; he had an issue with some of the mailing going out, not that he thought there was any mal intent, and it was taken out; it looks like this is going to be largely, if not exclusively, filtered directly through the County offices; and it looks like he took quite a bit of effort. He added he was going one direction before everything was stricken from this; he is having trouble finding issues; he wants to hear from the rest of the Board; and he is inclined to go from a no to a yes on this, right now. Commissioner Pritchett stated she thinks this is a good outline now; she asked with the funds that are left, if the Board is able to designate those to Public Safety; she does not think it is a large amount; but it would be nice to get this tied up. Commissioner Lober replied no, if she would look at the second to the last bullet point, in the original Agenda Item as it appears in Legistar, it all goes to Infrastructure. Commissioner Pritchett remarked that she should have read that, perfect. Commissioner Smith stated he just wanted to make sure and asked if this depletes all funds that Commissioner Lober has from CARES Act. Commissioner Lober replied yes, that is the last item that he mentioned with respect to anything that is left over, if any, will go to Infrastructure; he mentioned the problem is he does not know exactly how much has been used out of some of the programs, as there could be things that are ongoing where he does not know the precise numbers instantaneously; but this is very close. Chair Zonka asked who is setting the criteria for the education and training. Page 10 of 32 March 22, 2022 Commissioner Lober replied he would work with staff to set them. Chair Zonka remarked she would prefer if staff set the criteria. Commissioner Lober responded again, he would work with staff to set the criteria; and if that means she is a no vote, then be a no vote. Chair Zonka remarked she is not trying to be a no vote, she is trying to understand what Commissioner Lober is asking for because there is a significant amount of money there and she wants to make sure that it goes toward a policy that is already in place, that covers staff training; and if he wanted to add additional, she wants to have that clarified. Commissioner Lober asked what she would like to know specifically. Chair Zonka asked if it was paying for certifications that are part of someone’s job description or paying for education that is related to their job; and she noted it does not specify. Commissioner Lober apologized and stated he thought it was extremely clear in the Agenda Item where it says education and/or training for skills usable within the department. Chair Zonka mentioned there was education and skills that are paid for out of the office budgets that she would not have agreed on paying had it come back to the Board; and she would like to see that criteria or staff to develop it. Commissioner Lober asked what she has seen that would be compliant with this policy that she has an issue with. Chair Zonka replied she has an issue with him setting the criteria for the education and training; and she advised she prefers staff to manage that. Commissioner Lober responded again, he is planning on working with staff; and if she needs to vote no, then vote no. Commissioner Pritchett stated she knows what Commissioner Lober and Chair Zonka are saying; she asked if he could pull this part out and come back with what he is specifying; and she mentioned she thinks it makes it easier. Commissioner Lober replied to let him see how the other votes line up first, because he just wants to get this done since it has come back twice now. Commissioner Pritchett stated he has done a lot of good work; he has gotten everything very, very clear; and she just thinks if there is something he can think about for the next few minutes of how to clarify it. Commissioner Lober replied he did not know what is unclear that she would like him to clarify; he has already mentioned there were a couple of concerns; number one, that the person would actually enlist with the Department, if it goes in that direction, as far as paying Academy costs; he mentioned local preference, if it is lawful, but these are things he has to work out with staff to determine how many of them he is actually able to implement; and he does not want the money that otherwise would have gone to this from other programs to now disappear and go to something different and have this replaced that is intended to supplement what is already in place, not to replace it so that money is freed up from these for something he would not Page 11 of 32 March 22, 2022 necessarily approve of. Commissioner Pritchett inquired if he wants this in addition to the funds that are already there. Commissioner Lober replied right, that is what he is looking for. Commissioner Pritchett stated she understands; and suggested to put that into it, that these are additional funds. Commissioner Lober stated he is fine adding that, although the motion contemplates that because he has put it out there at this point. Commissioner Pritchett remarked it is just the only thing that he does not have in there that is totally clear; and she asked for a five-minute break so Commissioner Lober can reframe that. Commissioner Lober replied yes, he will try to add a little more detail; and he does not know if it is going to cover what is being looked for or not. *The Board recessed at 9:41 a.m. and reconvened at 9:47 a.m. Commissioner Lober stated he drafted something up real quick and he had Abigail Jorandby, County Attorney, take a look at it, and she is good with it; the motion is as it was before, however, the section that start with the number two will read as follows: staff education and/ or training for skills usable within department (coordinated through Human Resources). This shall not be used to reimburse any elected official, department director, or assistant department director. It shall not be available to any Commission office employee. No individual staff member may receive more than $3,000 in reimbursement from this funding source. This pool of funding may also be used to supplement any existing funding to cover in-State tuition costs for those BCSO and/or BCFR recruits at Eastern Florida State College (EFSC). There may be a commitment requirement imposed by either BCFR and/or BCSO with respect to recipients of this funding. Absent a prohibition on local preference, this shall be restricted to residents of Brevard County and/or a physically-adjacent county. As with staff, this too shall be limited to a maximum reimbursement of $3,000 per first responder; and he asked if the Board was good with that. Chair Zonka replied she is good with it. Commissioner Smith stated that is an awful lot of wording to say something that simple; that is a blessing; and he has told Commissioner Lober that he has a way with words before. Commissioner Lober asked if that is good or bad. The Board approved the reallocation of District 2’s available funds as directed: Of the roughly $5 million originating from CARES Act funds delegated, by the Board of County Commissioners (BOCC), to District 2 to allocate, roughly $481,000 remains available. This amount is derived from a combination of an intentional set-aside for future allocation and programs which ran under budget. The categories which ran most substantially under budget include indigent burials and “other feeding, housing, or employment nonprofits.” The former has approximately $151,000 available. The latter has roughly $131,000 available. The set aside has roughly $137,000 available. Other programs also ran under budget, including vaccine freezers for independent pharmacies which has approximately $43,000 remaining Page 12 of 32 March 22, 2022 available. This item primarily seeks to reallocate available funds from the above-referenced $5M funding pool and assign those available funds as follows: 1. $416,000: Infrastructure projects (coordinated through Utilities and/or Public Works) a. As additionally detailed in below bullet points, County Budget may initially split this allocation with $208,000 going to Utilities and $208,000 going to Public Works. 2. $60,000: Staff education and/or training for skills usable within department (coordinated through Human Resources). This shall not be used to reimburse any elected official, department director, or assistant department director. It shall not be available to any Commission office employee. No individual staff member may receive more than $3,000 in reimbursement from this funding source. This pool of funding may also be used to supplement any existing funding to cover in-State tuition costs for those Brevard County Sheriff’s Office (BCSO) and/or Brevard County Fire Rescue (BCFR) recruits at Eastern Florida State College (EFSC). There may be a commitment requirement imposed by either BCFR and/or BCSO with respect to recipients of this funding. Absent a prohibition on local preference, this shall be restricted to residents of Brevard County and/or a physically adjacent county. As with staff, this, too, shall be limited to a maximum reimbursement of $3,000 per first responder. 3. $5,000: Indigent burials (coordinated through Housing and Human Services). • The above allocations shall be the only authorized allocations from funds remaining available out of the $5M pool discussed above. • County Budget may allocate funding amongst the following departments:  Item 1: Utilities and Public Works  Item 2: Human Resources  Item 3: Housing and Human Services • Should items (2) and/or (3) fall under anticipated budget, County Budget may reallocate any remaining available funds from these five items toward item (1): Infrastructure projects, increasing the total allocated from the initial allocation of $416,000.  Any such reallocation shall be to either Utilities and/or Public Works.  In no event shall funds allocated exceed available funding. • In consultation with County Budget, as dollar figures are approximate, should there be any differential, that differential shall be applied towards (1): Infrastructure. • Staff shall be authorized to execute any necessary Budget Change Requests to effectuate the above. Result: APPROVED Mover: Bryan Lober Seconder: John Tobia Ayes: Pritchett, Lober, Tobia, Smith, and Zonka J.1. Legislative intent and permission to advertise an amendment to the Brevard County Code of Ordinances modifying Section 74, Article VI Brevard County Code, pertaining to restrictions for sexual offenders and sexual predators. Abigail Jorandby, County Attorney, stated this is legislative intent and permission to advertise an amendment to Section 74 of the Brevard County Code pertaining to sexual offenders and sexual predators; this is just legislative intent; a proposed draft ordinance will be brought back; and this is in relation to providing for an exemption for County government buildings for the limited purposes of conducting County business and accessing government services. Result: APPROVED Page 13 of 32 March 22, 2022 Mover: Curt Smith Seconder: Rita Pritchett Ayes: Pritchett, Lober, Tobia, Smith, and Zonka J.2. Legislative intent and permission to advertise proposed amendments to Section 106-1, Brevard County Code, pertaining to the safe use of public streets, and creation of a new article in Chapter 106 entitled: “Article V. - Pedestrian Safety Ordinance” providing for restrictions on individuals standing, sitting, or remaining within certain areas located along the on and off ramps of Interstate 95 and arterial and collector roads within Brevard County. Abigail Jorandby, County Attorney, stated this is also legislative intent and permission to advertise proposed amendments to Section 106-1; this is safe use of public streets; this is for pedestrian safety ordinance; this is just for legislative intent and permission to advertise; the proposed ordinance will prohibit either individuals from making physical contact with any vehicle, any lane of traffic, stopped at a traffic control device or an intersection, or exchanging any physical item with an operator/occupant of a vehicle, within any lane of traffic, stopped at a traffic control device or an intersection; and essentially, defines roadways, medians, obstruction of traffic, pedestrians and the like, in order to fully inform the public as to prohibited conduct which would be specifically stopping, standing, or sitting in that area and conducting this behavior with motor vehicles. She added there are penalties to this provision, but this is legislative intent and permission to advertise; and the actual ordinance would be brought back for the Board’s consideration. Hannah Durocher stated she is six months pregnant and she has been homeless on and off, throughout, in the Melbourne are, living in hotels when the mutual aid group could help her; she has gone to Daily Bread, Salvation Army, and all throughout the County trying to find help; she works at night now; and she is thankful to the mutual aid group that has helped her to stay clean and fed. She added she did panhandle, but in the safest manner by standing on the side of the street and letting them decide if they wanted to help her; if the light is green, you do not go near them, obviously; she has been hassled by cops, told out of sight, out of mind, and pretty much told to go to a tent in the woods; and then later be kicked out and trespassed. She claimed the cops have actually directed her in which way to go, but she went the other way, though; other than that, the cops have left her alone on the side of the road because she does not attempt to go up to vehicles and ask for money; she noted she holds her sign which lets them know what is going on in her life; she has made some bad decisions but it is not like people would think; he car broke down in Kentucky and she ended up here; and she is stuck. She stated she now has two jobs; she works Door Dash because of a co-worker she made friends with; with her wife having a job, and him having a job, they are still struggling, as there is no low-income housing; she is on disability as well and still cannot find help; to her, panhandling was the only way she could find the clothes she needed for her job, the food she needed to keep her going, a motel room here and there to get washed up every couple of weeks; and everybody yelling at her making her feel horrible. She mentioned not being able to use a public restroom because she is homeless, or told to get off the property; it is a horrible situation, especially being pregnant; even just being a human and treated this way because she couldn’t make it right off the bat; she started from nothing and is living at a hotel paying $606 per week, when she makes $634 every other week; unless she can get some low-income housing or some more funds for people who are actually trying to help themselves, the County will still see panhandling; and that is just to keep them alive and is barely working. She commented she understands the safety portion, but if she is doing it safely, she does not feel she should be given a hard time, as she is just trying to survive on what she is given. Page 14 of 32 March 22, 2022 Commissioner Lober stated he met with some folks yesterday at a church in Merritt Island who were bringing up the low-income housing topic; he spoke to Ian Golden, Housing and Human Services Director, yesterday about a couple of items that were discussed at that meeting; one was in respect to impact fees and what could be done as far as encouraging developers to build more low-income housing; he believes the County already has a waiver for the transportation impact fees, or a portion thereof; but he does not know to what degree other impact fees may be lessened or waived to facilitate that. He mentioned he has Mr. Golden looking into that now; his other thought was that the County owns a ton of vacant land and he knows a lot of it could be auctioned to make some money and get it back on the tax rolls; if there is land that is not tremendously valuable, especially if it is consistent and compatible with low-income housing, he thinks it is something to keep in mind; he thinks there may be a stigma that low-income housing ruins a community and he does not think that is the case; and he thinks people should keep their minds open as far as what can be done to facilitate building low-income housing projects. Commissioner Smith stated he agrees with Commissioner Lober; he has seen developers that have come to his office and he thinks some of these housing projects look good; when he hears stories like the speaker’s, it is heart-wrenching; he would like to see the Board do something, if possible, to help these people; this was in no way intended to punish anyone, as it is strictly a safety issue; it is a shame that there is collateral damage pursuing this; but he thinks, in the light of trying to keep people safe, he thinks this is necessary. Commissioner Pritchett expressed her thanks to the speaker for having the courage to come up and speak, as she knows that is not easy; she stated as the advertising is being done for this, she thinks it might need to figure out specific areas to be looked at because there are some dangerous areas; the intent is not to take away someone’s ability to receive charity; and she knows that the speaker already knows about Section-8 and first housing and they are hard to get into. She mentioned talking about affordable housing, some of them are still $1,500 a month; she does not know how to get a type of housing in where it is really actually affordable for people who make six or seven hundred dollar a week, so that will be a challenge; she thinks Commissioner Lober had a good idea; if the County were to do a grant for the property and the builders build it, maybe something could be worked out with them; maybe tax abatements with low-income housing; but this is definitely an issue and she is looking at it too. She added she prays that the speaker is able to find everything she needs to support herself and her children; this is a big subject; she is in favor of advertising this and the Board needs to think if there are some things that have undue consequences in it; but she thinks the flavor of this ordinance is good because there are safety issues as well. Nathan Slusher stated Commissioner Pritchett just hit the point he wanted to speak about; in Section 106-203 of the prohibited acts, what he is worried about is unintended consequences; while he feels this was built for public safety around panhandling, if it was built to protect the Interstate 95 interchanges, which is where it could be very dangerous, and transportation planning authority can come here and show the statistics that the County has of people hit on Interstate 95; if on and off ramps are prohibited, then that is definitely a safety thing; but the way this is written, it prohibits a lot more than just panhandling on Interstate 95. He stated it prohibits firefighters from doing charity events at the intersections in District 1; it prohibits the protesters who are out on US Highway 1 handing out documents; it prohibits any kind of political advertising; and it prohibits far more than just panhandling. He added he wanted to encourage the Board, before it is advertised, to amend this so that it does not have unintended consequences; and if the County needs to protect Interstate 95, because that interchange is dangerous, then protect the Interstate 95 on and off ramps, as he thinks that is completely understandable. Page 15 of 32 March 22, 2022 Mari Peele, Vice Chairwoman of the Libertarian Party of Brevard County, stated when she read this on the Agenda, she saw safety, the ramps for Interstate 95, and was disappointed when she read it further into the details and felt that it was misleading; although there were statistics about safety, this was clearly about panhandling and addressed much more than Interstate 95; it even addressed sidewalks, not even directly where it was speaking to; her main issue with this is that, instead of working towards resolving the root causes of panhandling, which is clearly what this aims towards, it puts further burdens on Brevard residents which, to her, whether that person has a home here, or not, or a place that they can call a home, they are a resident here; and there are people in Brevard County that need help. She added instead of resolving root causes, which she has heard discussed here, but she is talking about the actual wording of what is being proposed; it puts burdens and aggravates the situations because it says giving up to a $500 fine or six months in jail; so there is someone who is in need and they are put in a position to choose between will they get their next meal, will they be able to pay for whatever housing they are in, or get more food for their family, or do they go ahead and break the law and do this; either way, they are going to be in need; and then they have a $500 fine, which they would most likely not have the money to pay in the first place, or six months in jail, which would mean they would not have been able to work or earn more money. She stated that is aggravating the situation; and she requested this not be put up unless it is written in a way that helps with the root cause instead of putting burdens on people who are already in need. Commissioner Lober asked Attorney Jorandby if the Board could advertise this somewhat broadly so that it can factor in and adjust some of the concerns that were brought up today; he commented what he would like to do is take a look at it and see what could be adjusted; and he is concerned that it does not get advertised so narrowly that he is not able to do that. Attorney Jorandby replied absolutely, it can be addressed as far as the advertisement is concerned. Commissioner Lober stated if it is advertised broadly, he would support it today. Commissioner Tobia stated first of all, he wanted to thank Commissioner Smith for bringing this forward; that is twice now that he has come up with stuff that has required himself and his staff to do quite a bit of work, though he has been on the opposite side; he wanted him to know he really, really, appreciated that and wanted Commissioner Smith to know that when he comes up with something and he is in support, he will do just as much work to help him cross that line; he suspects he will not need it; but with that being said, he has a few, and he means quite a few issues with this that he would like addressed and maybe he can give some answers. He mentioned he understands this is just to publicize, however, he has shown his flexibility already on this on some changes that have come forward; he believes this ordinance has nothing to do with public safety, and is exclusively about panhandling; it is a shame that is being hidden behind that because, as he is sure the Board is well-aware of panhandling being protected under the first amendment; he does not want to say this is a war on the poor, but there are homeless veterans, and freedom of speech; and he thought Commissioner Lober would be concerned with the fourth amendment, which adds search and seizure on here. He added he has three primary areas of concern that he would like to hear the Board’s opinion on whether it was meant to go down that path or maybe that is something Commissioner Smith could address; this is something he would have handled behind the scenes, but with Sunshine Law, he does not have that luxury; that is why everything is so much smoother in Tallahassee than it is here; and there are three basic categories: safety, cost, and unintended consequences. He stated he will begin with safety, and one can tell a lot about an ordinance in the whereas Page 16 of 32 March 22, 2022 clause, as if it is mentioned over and over and over, it probably has nothing to do with that; there are some cherry-picked statistics that were used such as the Space Coast Transportation Planning Organization (SCTPO) report; and he asked if Commissioner Smith was aware that there is a more recent report that shows that the number of accidents have actually decreased since the one that he put up. Commissioner Smith replied no, but that does not surprise him because it is a fluctuating number. Commissioner Tobia reported it decreased by a large percentage, by more than 100 percent between the report that he had and the more updated 2020 report. Commissioner Smith replied no, he was not. Commissioner Tobia stated he is sure that Commissioner Smith is probably aware that Melbourne City Council passed an ordinance and coincidentally, struck panhandling, dealing with almost word for word the same here; this took place in June 2021, and if this is truly about safety, he is sure he looked at whether the traffic accidents increased or decreased, as he does not know the answer to this, so he is asking; and Melbourne has the same ordinance so he asked if this was effectual for decreasing the number of accidents. Commissioner Smith remarked he did not know if that could be quantified because the point is… Commissioner Tobia interjected it is quantified in the SCTPO, so it actually is quantified as severity, injury, and death. Commissioner Smith responded that he is using such a small portion from June until now, which is nine months; and whatever numbers that would come from a nine-month study, he does not know, short of about a five-year study, if it can show the trends. Commissioner Tobia stated okay, God creates a baby in nine months; he mentioned the City Attorney of Melbourne, in the City Manager’s report dated June 8, 2021, says in 2019, the City Attorney’s Office provided a recommendation to the Melbourne Police Department that it stop enforcing the 2014 panhandling ordinance and instead, rely upon and enforce existing State laws governing pedestrian traffic; again, it is very coincidental that this happens all at the same time, and he is sure it is just a coincidence; there are State laws that govern safety; and he would be more than willing to go over those, but he is sure Commissioner Smith probably looked at those prior to this. He stated Statute 316.2045 says a person may not willingly obstruct free, convenient, normal use of public streets, highways, and roads; he asked why is more needed when there is a City Attorney saying that this is the way to go; and he asked if he had contemplated what ability law enforcement has to effectuate the State Statutes that prohibit actions that are not safe in roadways. Commissioner Smith replied he has and he also conferred with the Sheriff; he remarked the concern is for the intersections that are extremely heavily traveled, like Ellis Road, Wickham Road, Pineda Causeway, among others, not just the Interstate 95 ramps; there are already a lot of accidents at these intersections, and there is a lot here in the County; this is not taking people’s ability to panhandle away; they are out there trying to supplement the income that they are already making; and he wants to make sure that they are safe, and not running the risk of injury to themselves or drivers. He added these people can still go into parking lots and ask for help there or pick the roads and corners that are less traveled; he is looking at main arteries Page 17 of 32 March 22, 2022 here; people do move and people do not pay attention; look at all the wrecks that are at these busy intersections; these drivers have a hard enough time just negotiating red, yellow, and green lights; and that is the impotence here, as he is trying to save lives. Commissioner Tobia stated for any people who do not have homes, he understands the intent of what Commissioner Smith just said, but asked that they do not follow that; and there are multiple State Statutes that deal with trespassing where that is expressly prohibited. Commissioner Smith remarked sidewalks, public sidewalks at the entrance of a… Commissioner Tobia stated he just wants to make sure, as that is private property; and they have the ability to maintain certain types of behavior. Commissioner Smith stated he is not suggesting that anyone go on private property. Commissioner Tobia stated the second one here is the one that really got to him, which is cost. (audio cut out) Commissioner Smith responded whatever, that is part of their job. Commissioner Tobia stated he is assuming that most of the folks that were panhandling would be indigent and would need a Public Defender; and he asked if he had reached out to the Public Defender’s Office to find out the cost on taxpayers for the defense of this. Commissioner Smith replied no. Commissioner Tobia asked what about the cost associated with the judicial process, as it is constantly heard that judges are overworked; and he advised the Clerk of the Court has said that there are issues scheduling. Commissioner Smith responded he understands the question and he is sure it is a valid question, but at the same time he is thinking that when a person is at a stop sign and realize they are supposed to stop because that is what is required, they stop; he is sure that the word will get out in the community that a person is not supposed to stand on an island in an intersection and panhandle or hand out political literature, as it is not a safe thing to do; and he does not know that he has an answer for that. Commissioner Tobia stated for 2019-2020, it appears it is an average of $66.48 to keep an inmate in prison; as a misdemeanor, this would allow for up to 60 days, which is roughly $3,900; when other factors are added in, it could be $4,000-$5,000 very easily; and he asked if this is really the wisest use of taxpayer money to enforce this at that cost. Commissioner Smith responded again, his concern is safety and if one life is saved, he asked what that is worth. Commissioner Tobia remarked when he asked about the nine-month period in which his ordinance had gone into effect in Melbourne, he got the response that he had not looked at it; if it was truly safety, would not the response have been yes, there has been a certain amount of decrease; but the answer he got was no; and if it truly was safety, he asked why would he not give Melbourne a bit of time to see if dealing with panhandling, or public safety, was taken care of and then try to craft an ordinance that did what worked for them. Page 18 of 32 March 22, 2022 Commissioner Smith interjected and stated he did not dive into it deeply but he did talk to several people in Melbourne and they considered this to be a step forward in safety. Commissioner Tobia replied great, and remarked he had also spoken with the Sheriff; and he asked if he had spoken with the Public Defender or the State Attorney, two other integral parts of this; if the Sheriff arrests, then it is the State Attorney that would have an additional burden along with the Public Defender. Commissioner Smith replied no. Commissioner Tobia stated finally, this was mentioned up here and he did not get protests, but he did get some fun ones here and he addressed them; some of them were taken care of with an edit; he has some pictures to show and he described the first one showing a firefighter handing a boot to a driver; he stated Section 106-203 would prohibit this activity taking place or make it a misdemeanor; by the way, he spoke with some folks at muscular dystrophy as well as St. Baldricks, which he knows is near and dear to Commissioner Smith’s heart; and he asked if it was his intent to make this a misdemeanor punishable by jail time and a fine. Commissioner Smith replied if it saves a life, yes. Commissioner Tobia asked if he was aware of any firefighters having been killed handing over a boot. Commissioner Smith replied no. Commissioner Tobia stated the next one is interesting; a robot is seen handing candy to a child; this was probably the Brevard County Sheriff’s Office, probably on a non-arterial road; the change would fix this, which is good because he does not know whether BCSO would arrest either the robot or the officer controlling the robot; but that is fixed so robots are safe now. Commissioner Smith commented this child does not look like he or she is in a seat belt either so how safe is that. Commissioner Tobia remarked or a booster seat; that is Thad Altman, so good call; another picture shows COVID relief efforts of donations, food supplies, and testing; he asked if Commissioner Smith was aware that during the pandemic, food was handed out in front of his office on Palm Bay Road; and he asked Commissioner Smith if his intent was to make this activity a misdemeanor punishable by up to 60 days in jail and a $500 fine. Commissioner Smith remarked his intent is to save lives, period; Commissioner Tobia can show all the pictures he wants, but the answer is always going to be the same; it comes down to safety; and if he can guarantee him that these folks are going to be safe and not injured, or the drivers will not run into the back of someone because someone was stopping… Commissioner Tobia asked for the next picture and stated this was taken care of but he just wanted to point out how poorly the document was drafted; and he noted this is a parade in Melbourne just before the changes were made and this activity would have been punishable by a $500 fine and 30 days in jail. Commissioner Smith asked if Commissioner Tobia is going to vote no. Page 19 of 32 March 22, 2022 Commissioner Tobia remarked there is more; and asked for another picture. Commissioner Smith asked again if he was going to vote no, as he is wasting a lot of people’s time here. Commissioner Tobia responded by infringing on people’s first amendment rights, and creating a war on poverty. Commissioner Smith replied he is not infringing