Commissioner District 1 Rita Pritchett, Commissioner District 2

Tom Goodson, Commissioner District 3 John Tobia,

Commissioner District 4 Rob Feltner, and Commissioner District 5

Kristine Zonka

Present:

PLEDGE OF ALLEGIANCE

Vice Chair Kristine Zonka led the assembly in the Pledge of Allegiance.

E.1. Resolution, RE: Florida Surveyors & Mappers Week in Brevard County

Chair Pritchett read aloud, and the Board adopted Resolution No. 23-025, recognizing March

19 – 25, 2023, as Florida Surveyors and Mappers Week in Brevard County.

Mike Sweeney, Brevard County Surveyor, stated this year in June will be his 50th college

reunion and he thinks back to when he walked across that stage did he imagine this is where

he would end up; he really enjoys where he is at now; he has been very lucky to choose this

profession; as a young person, one gets to explore and map the outdoors; and they have a

love of mathematics, mapping, and geodesy. He added they love the laws of the land and

some of them ancient and yet to be settled laws; they love the art of science, mapping, history,

and the land puzzles it presents; because of all that, they are a unique breed and survey

mapping is a unique, rewarding profession; and he thinks his staff feels that way too. He

introduced a few of his staff, stating the rest are probably out in the field; he appreciates the

Board giving him the opportunity to use his profession at this unique level; it have been a

wonderful profession; he thinks they all enjoy it; and he mentioned there are some great career

opportunities available in the Surveying and Mapping Program.

Result: ADOPTED

Mover: Kristine Zonka

Seconder: Tom Goodson

Ayes: Pritchett, Goodson, Tobia, Feltner, and Zonka

E.2. Resolution acknowledging Military Child Awareness Month for April of 2023.

Commissioner Feltner read aloud, and the Board adopted Resolution No. 23-026,

acknowledging Military Child Awareness Month for April of 2023.

Chair Pritchett mentioned it is Commissioner Zonka’s last meeting; and she presented

Commissioner Zonka with a commemorative plaque; she stated Commissioner Zonka has

been a great Commissioner and will be greatly missed; many times she brought a real strength

of common sense and clarity to the Board; and she is going to greatly miss her.

Result: ADOPTED

Mover: Rob Feltner

Seconder: Kristine Zonka

Ayes: Pritchett, Goodson, Feltner, and Zonka

Nay: Tobia

ITEMS PULLED FROM THE CONSENT AGENDA

Commissioner Tobia stated he would like to pull Item F.17. from the Consent Agenda.

F.1. Interlocal Agreement Between Sebastian Inlet District and the Brevard Mosquito

Control District for Acquisition of Non-Beach Compatible Material

The Board authorized the Mosquito Control District to enter into an Interlocal Agreement for

acquisition of non-beach compatible material with Sebastian Inlet District; and authorized the

Chair to sign on behalf of the Mosquito Control District.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.2. Board Policy Review, Re: BCC-51, Zoning Actions and Findings of Fact.

The Board authorized continuing Board Policy BCC-51, Zoning Actions and Findings of Fact.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.3. Acceptance, Re: Binding Development Plan with Nicholas Boardman and Andrea

Bedard (District 2)

The Board executed a Binding Development Plan Agreement with Nicholas Boardman and

Andrea Bedard for property located from said point of beginning commence N. 68° 10’00” East

along said right-of-way a distance of 150.87 feet and from said point of beginning commence in

68° 10’00” East along said right-of-way a distance of 150.87 feet to the point of beginning for

Lot B in Brevard County, Florida.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.4. Approval, Re: Dedication of Public Utility Easement from Cumberland Farms,

Inc. for the Cumberland Farms Micco Project - District 3

The Board accepted the public utility easement from Cumberland Farms, Inc. for the

Cumberland Farms Micco Project.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.5. Approval, Re: Donation of Temporary Construction Easement from Harlan

Property Development, LLC for Lift Station W-09 - District 2.

The Board accepted the donation of a temporary construction easement from Harlan Property

Development, LLC for Lift Station W-09.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.6. Adopt Resolution and Release Performance Bond: Viera Town Center IV - District

Developer: The Viera Company

The Board authorized the Chair to sign and adopt Resolution No. 23-027, releasing the

Contract and Surety Performance Bond dated February 22, 2022, for the Viera Town Center IV

Project, by Developer: The Viera Company.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.7. Micco Force Main Extension project - Execution of Change Order 4

The Board executed and approved Change Order 4 for the Micco Force Main Extension

Project; and authorized any associated Budget Change Requests.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.8. Permission to Accept Florida Airports Council Internship Grant Funds

The Board granted permission and authorized staff to accept the grant funds delegated to

Valkaria Airport through the Florida Airports Council; authorized the Interim Valkaria Airport

Manager to execute the Grant Agreement; and authorized all necessary Budget Change

Requests associated with this Agreement.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.9. Approval Re: Agreement between the Brevard County Board of County

Commissioners, the City of Titusville, and Housing for Homeless, Inc. (Up to

$80,437 - District 1)

The Board authorized the County Manager to execute an Agreement between the BOCC, the

City of Titusville, and Housing for Homeless, Inc.; authorized the Housing and Human Services

Director to execute any future amendments or modification upon approval by the County

Attorney and Risk Management; and authorized the County Manager to execute all necessary

Budget Change Requests.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.10. Approval: RE: Housing and Human Services Department Purchase Assistance

Policy (HS-027) for the U.S. Department of Housing and Urban Development

(HUD) HOME Investment Partnership Program

The Board approved the changes and updates to the Housing and Human Services

Department Purchase Assistance Policy (HS-027) for the U.S. Department of HUD HOME

Investment Partnership Program.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.11. Revision of BCC-26 Policy, Acquisition of Consultant Professional Services

The Board approved the proposed revisions to Board Policy BCC-26, Acquisition of Consultant

Professional Services.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.12. Approval of Attorney Fees - Mid-Reach Beach Restoration Project, Brevard

County

The Board approved paying attorney’s fees of $8,270.00 in Brevard County v. Altman, et al,

Case No. 05-2022-CA-052647 to Edgar Lopez of Harris, Harris, Bauerle, and Lopez.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.14. Revisions to BCC-97 Providing for the Advertisement of Certain Postponed or

Continued Public Hearings, and Amending the Board’s Public Comment

Procedures

The Board approved the revised BCC-91, Policy to provide for the advertisement of certain

postponed or continued public hearings relating to the enactment of ordinances, and to amend

the Board’s public comment procedures.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.15. Authorize Chair to execute an agreement with the firm of Gardner, Bist, Bowden,

et al for legal services to be rendered on behalf of Brevard County with regard to

environmental law issues.

The Board authorized the Chair to execute Agreement with the firm of Gardner, Bist, Bowden,

et al, for legal services to be rendered on behalf of Brevard County with regard to

environmental law issues.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.16. Bill Folder

The Board acknowledged receipt of the Bill Folder.

Result: APPROVED

Mover: Tom Goodson

Seconder: John Tobia

F.18. Resolution recognizing Joseph Brubaker, Jr’s life of service.

The Board adopted Resolution No. 23-028, recognizing the life of service for the late Joseph

Brubaker, Jr.

Result: ADOPTED

Mover: Tom Goodson

Seconder: John Tobia

F.17. Appointment(s) / Reappointment(s)

Commissioner Tobia advised the Transportation Planning Organization (TPO) appointee on

here, who hails from his District, has made some disparaging remarks about this Board on

some social media posts; while that individual is more than welcome to make whatever

comments she would like on those post, he does not think it is probably wise for the Board to

employ her services as an advisor if she is openly not in favor of actions that this Board has

taken; to be clear, he has no concerns with the Planning and Zoning appointment, Robert

Brothers; and he stated the person in question is the TPO appointment. He added he would be

willing to go over the social media posts, but they are not complimentary.

Commissioner Zonka stated if the Board said no to everybody that criticized it, there would not

be many people on these boards; she has seen some of those posts and it could be rehashed,

but she would hope by engaging individuals that can learn more about what the Board does

and learn more about the decisions that are made, she has no problem with it; she is perfectly

aware of Ms. Twigg’s criticism of the Board; and she accepts that. She added Ms. Twigg

asked for the appointment and she does not believe anybody else applied for that; and that is

why she moved her forward.

Chair Pritchett remarked she agreed with Commissioner Zonka and this Board criticizes this

Board quite often too.

Commissioner Feltner stated he knows Ms. Twigg and has bought bicycles from her at her

bicycle shop in Suntree, Revolutions Cyclery; it is very popular shop; she does not turn off too

much of the public in her business; he knows she is very passionate about bicycle and

pedestrian safety; he would not hold her social media comments against her; and he thinks she

will do fine on TPO.

On the recommendation of Commissioner Kristine Zonka, the Board acknowledged Ginger

Twigg appointment to the Transportation Planning Organization Citizens Advisory Committee

and Robert Brothers appointment to the Planning and Zoning Board, replacing Peter Filiberto,

with said terms of appointment to expire March 21, 2025; and on the recommendation of

Commissioner Tom Goodson, the Board acknowledged Brandon McKinney appointment to the

Historical Commission, with said term of appointment to expire December 31, 2024.

Result: APPROVED

Mover: Kristine Zonka

Seconder: Rob Feltner

PUBLIC COMMENTS

Frank Hahnel stated he is a former United States Marine and Vietnam War Veteran, and a

Florida Veteran Hall of Fame member, class of 2020; the State of Florida established the

Florida Veterans Hall of Fame in 2013 to recognize and honor those military veterans who,

through their works and lives during and after their military service, have made a significant

contribution to the State of Florida; in selecting nominees for submission to the Hall of Fame

Council, a preference is given to veterans who were born in Florida or, have adopted Florida as

their home state; the military veterans chosen for review by the Hall of Fame Council will have

made a significant contribution to the State of Florida in civic, business, public service, or other

pursuits; the selection process for consideration is conducted by a military panel consisting of a

Council Chair and six judges; and after the council selection has been made, the list of

nominees is sent to the Florida Cabinet, and then to the Governor, for review, finalization and

approval. He went on to say today there are approximately one million veterans residing in the

State of Florida and of those veterans, there are 131 that have been inducted into the Florida

Veterans Hall of Fame; he would suggest that this is a very unique and select group of

veterans; on December 6, 2022, the County Council of Volusia County held a special tribute for

the six veteran residents of Volusia County that have been inducted into the Florida Veterans

Hall of Fame; during that tribute, a framed Proclamation was given to each of the veterans and

a large physical space adjacent to the building entrance rotunda was dedicated to them;

mounted high on the wall is the inscription “The Florida Veterans Hall of Fame, Volusia County

Members” and below the inscription is a color photograph of each of the six veterans; and

Brevard County is very unique in as much as it is the home of four members of the Florida

Veterans Hall of Fame, Major General John Cleland, US Army, class of 2013, Chief Master

Sergeant Eugene Johnson, US Air Force, class of 2014, Sergeant First Class Juan Santiago,

US Army, class of 2019, and Lieutenant Colonel Harry Taylor, US Army, class of 2022.

Chair Pritchett stated she read ahead and she believes he would have any one of the Board do

a resolution for each of these; and she asked if that is what he is asking.

Mr. Hahnel replied yes.

Chair Pritchett asked if another Commissioner would like to do it, otherwise she would be

happy to do it at a future meeting; she advised Mr. Hahnel that she would have her staff reach

out to him this week for information; and she will have a nice plaque made for each one of them

that could be placed in the new facility for the Florida Hall of Fame.

Commissioner Zonka commented she would be remiss if she did not recognize Juan Santiago;

if one could envision a mother and her teenager at the mall, eating lunch at the food court,

about half an hour before going to the Army recruiting office; she does not know if he just

picked up on it, but Juan came up to them and started talking to her son about all the great

things the Army is and what a great family it is; she and her son will never forget it; and he is a

sergeant now. She added he is an inspiration to them and she wanted to say thank you; she

recognized him right away when she saw him; and he is an inspiration to young men who

decide to serve.

Scott Knox stated he is present representing Mr. Stewart today and has a simple request; Mr.

Stewart filed an application for a takings claim back in August 2022; he has been working with

staff trying to get something resolved and the Board has probably seen emails going back and

forth; he does not think it is going to be resolved through staff, so he thinks it needs a hearing

on the takings claim; and he respectfully requested to get the hearing on April 18th, 2023, to

get it over with, one way or the other.

Chair Pritchett asked Mr. Knox to let her consult with staff a little bit later to find out what can be

done; she knows he has read the emails; but she thinks what may need to be considered is

how to get him to just fulfill that one little thing staff needs him to do.

Commissioner Tobia asked Mr. Knox if he were sitting up there in his old spot and an attorney

off the side of the road came up and pled directly with the Board for such a request, what he

would advise.

Mr. Knox responded he would say that from August 2022 to today is probably too long to wait

for a hearing on this; as much as he tries to work it out with staff, every time he gets another

request for more information, more surveys, a road construction, or something; and it just

needs to get resolved at this point.

Commissioner Tobia thanked him for his answer; and he stated he is glad Mr. Knox is no

longer sitting up here, and glad he is sitting out there with an answer like that.

Chair Pritchett mentioned to John Denninghoff, Assistant County Manager, she thinks there

was one primary piece of information still needed from Mr. Stewart to complete and it is

consistent with what it is doing in the community, and she thinks it was important for the

taxpayers; and she asked him to let Mr. Knox know, so it will be on the record.

Mr. Denninghoff responded he is unaware that the County staff has asked for additional

information beyond what was asked from Mr. Stewart at the very beginning, the first time he

came in to talk to staff about what he was looking for; he is interested to find out exactly what it

is that staff may be asking for that was not asked for under Board direction when Mr. Stewart

appeared before the Board in, he believes, 2021; staff has been consistent asking him to

provide an engineering plan to show that the drainage system will work, the transportation

system will work for the road that he proposes, that would then be able to be maintained by

County and meet adequate standards; and he has failed to provide even a rudimentary

engineering design for that road.

Chair Pritchett remarked she thinks that is what staff is waiting on; she thinks if that would have

been done, probably he would be in a house by now; the problem is he is saying everyone is

okay with this, but that documentation has to be done by the people who know what they are

doing so that the County does not have a liability later on this County right-of-way; in between

that time, she had talked to him about getting this done early-on and she was told there are

already millings on the road; and she told him there should not be, as it is a right-of-way. She

added the very next weekend, someone re-milled the whole thing; she put Code Enforcement

on it because it seemed very blatant that some things happened through this process; when it

came to the Board for the waiver, she would not have voted in favor of it, but instead of denying

it, she gave staff the ability to work with it; and she has been waiting for that to happen.

Commissioner Tobia stated he had a list of the things that are short; he asked Mr. Knox about

50 feet of right-of-way for the project as proposed for the land development code, chapter 62,

article 2, division 1, section 62-102, section C-1; and he asked Mr. Knox if that was provided.

Mr. Knox responded that was the subject of a waiver request two years ago; and it still has not

been resolved.

Commissioner Tobia asked about an 84-foot diameter cul-de-sac or T-turnaround terminus of

the road as required by Fire Rescue.

Mr. Knox replied that is not required by Fire Rescue and he has documentation of that; and he

stated Commissioner Tobia has that somewhere as it was sent to all of the Commissioners.

Commissioner Tobia asked about the location of existing wetlands or water bodies within the

right-of-way of the proposed unpaved road.

Mr. Knox responded to let him stop for a second; this claim today is based on the takings claim

because the State law allows anybody who is landlocked to have an opportunity to set-up a

statutory way-of-necessity; that is what he is claiming; the County has prevented Mr. Stewart

from getting any kind of permit on his piece of property for a building permit; and all the criteria

Commissioner Tobia is talking about are not applicable to this particular situation.

Commissioner Tobia stated he appreciated it, but he is not an attorney, clearly Mr. Knox is; the

fact that he is here and has not filed is telling him something; he has redress on this one and

he is more than welcome up here for his three minutes, but his understanding is there are

numerous documentations that staff has asked for and now he is asking for a waiver on top of

a waiver; and this is getting absolutely ridiculous.

Mr. Knox remarked what is ridiculous is Commissioners that do not follow their own ordinances;

the ordinances do not require any of this; and the fact that Commissioner Tobia thinks it does is

where the error is.

Chair Pritchett stated if County could, at least, get the engineering showing that this would be

available to use that path; Mr. Knox knows the history, as it took that property before and she

was hoping to give it back to the neighbors and let them figure out how to deal with it; it is a

County responsibility and liability, which is what she is watching over, because if this is not

done properly and an emergency vehicle had to get back there…it is actually becoming a road

now and it is supposed to be paved; she is willing to waive that to keep it a dirt road, but she

does not know how the other Commissioners are; but she thinks there are certain things that

have to be done to protect the citizens of the County and to make sure it is done properly,

seeing that the County took this property back in the beginning for the drainage and the

right-of-way situation. She added she wishes he could get in and build his home, but if he

would just go do that one engineering thing, she thinks this would all be moot; and she asked

Mr. Denninghoff if that was correct.

Mr. Denninghoff replied he believes she is correct.

Mr. Knox remarked Mr. Stewart is not willing to come out-of-pocket for $20,000-$100,000,

depending on how the County wants to go about it, in engineering in order to do engineering for

a road that has been in existence since 1967.

Commissioner Pritchett responded it is not a road; just because someone dumped millings on

it, which should not have been done, it does not make it a road any more than if she walked

into a garage, she becomes a car; and she just thinks it is the right thing to do.

Mr. Knox stated if Code Enforcement finds the milling are a violation, then it should find out

who put the millings there and make them remove them; he does not think that was his client;

and he does not think his client should be punished for something that someone else did.

Commissioner Pritchett replied she did not either, but it was a little bit suspect with the meeting

before; and she does not know, but when she made calls, nobody kind of denied it.

Mr. Knox remarked he would also point out that the only criteria the County has for an unpaved

road, in this kind of situation, is the density requirement, which has been met; his client got that

test done and it meets the requirements of the ordinance; and there is no other requirement

that pertains to this kind of situation.

Commissioner Pritchett commented except it is not a road.

Mr. Knox stated it has been used as a road or as access to two properties that are abutting that

road; and it has been there for over 30 years.

Commissioner Pritchett replied she knows, maybe the County should have popped on them for

using it as well; and she thinks this needs to be done appropriately to save every citizen of

Brevard County funds or liability down the road.

Mr. Knox stated his client is not going to pay $20,000-$100,000 for an engineering report that is

not required under the ordinance; and if she is going to say no, just say no, and they will go

about it some other way.

Morris Richardson stated where it is at now, the Board heard a waiver application to the

unpaved road ordinance in October of 2022, where it gave direction to get the engineering

required to establish that the road could be constructed within the constrained right-of-way, as

it is a 30-foot, not a 50-foot right-of-way; that required a waiver from the requirement of a

50-foot right-of-way; staff has worked with Mr. Stewart, most recently sending the most minimal

standards that it could possibly point to, that a dirt road could be both engineered and built to;

the drainage still has to be shown and things like that, just like anyone doing a property and

doing a road; but the Board’s action, when it requested that additional action, was to table the

waiver application. He went on to say that right now, there has not been a final determination

on the waiver; in his opinion, the regulatory takings application under the Code is not ripe yet,

so it needs to be moved to final determination of the waiver application; if the answer is that Mr.

Stewart is never going to provide the things that the Board requested, then he thinks that is the

next thing that needs to be brought forward for a final action on the waiver application; and then

go forward from there, however Mr. Stewart wants to proceed. He stated in his opinion,

although there are certain things Mr. Knox said that are set forth directly within the unpaved

road ordinance, it certainly contemplates that a road will be constructed to County standards;

all of the standards within every section of the code do not have to be recited, and he thinks

staff has been very agreeable to try to work with Mr. Stewart to get there; and for the two

driveway accesses, one predated the requirement that a permit must be pulled based on the

access to a County-maintained road, the other one was permitted based on a permit on Dixie

Highway, which is a County-maintained road, but later constructed that driveway onto this road

without authorization.

Mr. Knox stated he respectfully disagrees with some of what was said; his client is not going to

put up any engineering or any other information needed in terms of the requests made; he has

been requested to provide a road that is built to low volume standards; he has a 61-page

manual to explain that; and this glorified driveway has been there for over 35 years.

Chair Pritchett asked Mr. Knox to send his requests in writing with all of those points so Legal

and County staff have time to do everything appropriately; and no one wants to make emotional

decisions here.

Mr. Knox commented he is not asking for a decision today; that is why he wanted to have a

hearing on April 18; and he did explain this in a seven page letter but he will be glad to send

that to the Board again.

Commissioner Zonka commented she would recommend that Mr. Knox have his client speak

through him rather than sending the Board numerous emails that with all sorts of wild

accusations.

Chair Pritchett remarked she just ignores them, as she knows when people are frustrated, they

say things they should not say; and that does not typically move her too much.

H.1. Public Hearing and Approval: RE: HOME American Rescue Plan Act (HOME-ARP)

Allocation Plan Substantial Amendment to the 2021 Annual Action Plan

($4,524,586)

Chair Pritchett called for a public hearing and approval for HOME American Rescue Plan Act

(HOME-ARP) Allocation Plan Substantial Amendment to the 2021 Annual Action Plan.

Ian Golden, Housing and Human Services Director, stated Item H.1. is a public hearing for the

HOME-ARP Allocation Plan; when the American Rescue Plan Act was voted in, $5 billion was

allocated to Housing and Urban Development (HUD); HUD then in-turn allocated those dollars

down to public and local communities, of which Brevard County was allocated $4.5 million;

there is a process that HUD has put in place before the County can actually access those

funds; and one of them is this Allocation Plan before the Board. He went on to say the Plan

itself has to be developed with a lot of stakeholder input; the target population for these funds

are laid out by HUD as individuals experiencing homelessness, risk of homelessness, persons

fleeing or attempting to flee domestic violence, and other populations for whom providing

supportive services or assistance would prevent homelessness; there is a consulting group who

conducted the stakeholder meetings, put the Plan together, and also in coordination with the

four partner cities who make up the Home Consortium, Palm Bay, Cocoa, Melbourne, and

Titusville; and the Plan itself looks to allocate funding with 11 percent going to supportive

services, 67 percent going to the development of affordable rental housing, three percent to

non-profit operating, three percent to non-profit capacity building, and 15 percent to

administration and planning. He added there was a required public comment period of 15 days

which ended yesterday; he received 28 comments, which actually did not pertain to the Plan

itself, it was more about the needs of the population and in the County; he will acknowledge

those comments and do a summary to add to the Plan, then add all the comments as part of an

appendix for the submission to HUD; the next step, if this is approved, is to add that information

and submit it to HUD for approval; if it is approved, the funds become available and he will put

out Requests for Proposal (RFP) for the services and activities. He stated there is a

PowerPoint available.

Chair Pritchett asked the Board if they would like to see the PowerPoint; and the Board

responded they were good.

There being no comments or objections, the Board approved the HOME-ARP Allocation Plan

as a Substantial Amendment to the 2021 Annual Action Plan; authorized the County Manager

to sign the required applications for Federal Assistance (SF-424s) and certifications to the U.S.

Department of Housing and Urban Development (HUD) as Brevard County’s Authorized

Representative; authorized the Housing and Human Services Department to submit all required

documentation to HUD; authorized the Housing and Human Services Department to conduct

procurements with the approval of the County Attorney, Risk Management, and Purchasing

Services in order to accomplish the activities and services outlined in the HOME-ARP

Allocation Plan; authorized the Housing and Human Services Director to endorse contracts,

agreements, amendments, and modifications related to procured activities and services; and

authorized the County Manager to execute all related Budget Change Requests.

Result: APPROVED

Mover: Kristine Zonka

Seconder: John Tobia

Ayes: Pritchett, Goodson, Tobia, Feltner, and Zonka

H.2. Proposed Ordinance Amending Chapter 2, Brevard County Code of Ordinances,

to Create a New Article IX Relating to Publication of Legal Advertisements and

Public Notices on a Publicly Accessible Website.

Chair Pritchett called for a public hearing for a proposed ordinance amending Chapter 2,

Brevard County Code of Ordinances, to create a new Article IX relating to publication of legal

advertisements and public notices on a publicly accessible website.

Morris Richardson stated Item H.2. is ordinance amending the County Code to create a new

Article IX that is going to govern publication of legal advertisements and public notices on a

publicly accessible website; as the Board is aware, effective the first of this year, Chapter 50 of

Florida Statutes was amended by HB 7049 to allow for the publication of many statutorily

required public notices and legal advertisements on a publicly accessible website rather than in

newspapers; and the County is well on its way to implementing that. He went on to say there is

a number of local requirements either in the Code of Ordinances, Resolutions, Board policies,

and Administrative Orders, that specify advertisement or notice in the newspaper; this

ordinance would provide for those advertisements and notices to be placed on the publicly

accessible website in lieu of publication in a newspaper when it is required just by a local rule; it

would not affect newspaper advertisements that are required by the Charter, those newspaper

advertisements that continue to be required by Statute, by special act, and sometimes by

Federal requirements and grant agreements; and only the local regulations specifying for

newspaper advertisement.

Commissioner Tobia stated he wanted to give a bit of history on this, as this had come up long

before he was in the Legislature; he voted for it and co-sponsored it a number of times and

Chairman Randy Fine finally got this passed in 2022; he thanked the County Attorney’s office

for dealing with the language; as a side note, the software needed to implement this ordinance

will cost roughly $24,000; this is a small amount in contrast to the more than half a million

dollars that various governments locally pay to advertise in the paper; and the software also

allows Constitutional offices, which the County budgets for, and municipalities to utilize the new

system. He added the County cannot force other government agencies to publish on an

accessible website instead of the newspaper; according to Communication Director, Don

Walker, during Fiscal Year 2022, the County, in total, spent $471,160.40 on advertising; and to

put that in perspective, the Tax Collector, Lisa Cullen, has the opportunity to save the taxpayers

$115,000 should she go through with this, Clerk of the Court, Rachel Sadoff, has the

opportunity to save $65,485. He stated he wants to be very clear that, where he does not

believe in trying to hide anything from the citizens, the thing that he thinks is most important, is

the advertisement of a notice of a tax increase, which the Board has not done in quite some

time; statute requires that be advertised, there is some interpretation that he does not want to

leave as a variable, but he wants to make it very specific; right now, State statute 200.065(3)

says the County must use a quarter-page advertisement; he thinks not only should it advertise

at a quarter-page, but to double or quadruple that and make it accessible to voters; and a

full-page ad is about $5,300 on Sundays. He went on to say this is a delta of about $3,500 per,

assuming there is an increase in taxes; he does not want anyone to insinuate that the County is

trying to hide anything, especially things that could be conceived as damaging to the public;

and he made a motion.

Chair Pritchett asked Commissioner Tobia if the Board sent out letters the one year it was

done.

Commissioner Tobia asked if it was about a tax increase.

Chair Pritchett asked if that was done one year.

Commissioner Tobia responded there is something called a TRIM notice, but the problem with

that is it is very complicated, and as much as the County tried to make it digestible, it is still a

very complicated document when the Charter and homestead is taken into account; and it is

not as clear and transparent as a full-page ad stating there is a tax increase.

Chair Pritchett stated she just wanted a reminder that in the past, when it did do it, that it was

about transparency in getting the information out.

Commissioner Goodson asked Commissioner Tobia about the proposed change when he said

$24,000 for the computer software; and the savings would occur from the Cities that it funds

through the budget now for advertising.

Commissioner Tobia replied the County is not funding the Cities; the Cities have the

opportunity to use this, as his understanding, but it does fund the Constitutional offices, and

they have the opportunity to use it; the $471,000 is what the Cities, Constitutional offices, and

the County use in total on advertising that could be diminished using the $24,000 software.

Commissioner Goodson asked if the County would charge the Cities to work off of the

software.

Frank Abbate, County Manager, replied there are a couple of additional costs that would also

occur, but they are rather minimal; there is a half-time staff that is dedicated to this, there is a

cost through the software company of $20 per advertisement cost; those costs are very

significantly less than what the Cities or the Charter officers would be providing; and it is a very

nominal cost compared to what they would have been paying the newspaper.

Commissioner Goodson asked if it would be a year before seeing these cost savings.

Mr. Abbate replied County staff will be starting in March and by the end of April, it will be

opened up to the Cities and the Charter offices; if they want to, they can get onboard; he has

spoken to some of them who plan to come-on early; and some plan to come within a year after

making sure everything is working correctly and their concerns are addressed.

Commissioner Feltner mentioned with the increased participation of all of the municipal

governments, the Constitutional officers, and the School Board, it will drive down the fixed cost

of the software and also the half-staff time; and as there is more buy-in from the other users,

the cost will be shared accordingly.

Chair Pritchett noted it is interesting that about seven years ago, this was a different

discussion, but now, she does not think a lot of people even get the paper; and this is actually

probably increasing the ability for the citizens to see it.

There being no further comments or objections, the Board adopted Ordinance No. 23-04,

amending Chapter 2, Administration, of the Brevard County Ordinances, to create a new Article

IX, Legal Advertisements and Public Notices, relating to the publication of advertisements and

public notices on publicly accessible website in lieu of a newspaper when newspaper

publication is required by Brevard County Ordinance, Resolution, Board Policy, or

Administrative Order.

Result: APPROVED

Mover: Rob Feltner

Seconder: Kristine Zonka

Ayes: Pritchett, Goodson, Tobia, Feltner, and Zonka

The Board directed the County Attorney to draft a board policy that requires staff to publish an

Notice of Tax Increase under Section 200.065, Florida Statutes, in a full-page advertisement in

the newspaper, rather than the minimum quarter-page advertisement required by Statute; and

authorized if the Board intends to consider exceeding the cap on ad valorem revenue growth

set forth in Section 2.9.3.1 of the Charter, the Policy to require a full-page advertisement in the

newspaper, similar in form to the statutory Notice of Increase, at least two days but not more

than five days before the final budget hearing.

Result: APPROVED

Mover: John Tobia

Seconder: Rob Feltner

Ayes: Pritchett, Goodson, Tobia, Feltner, and Zonka

J.1. Approval Re: Material Removal Agreement with Florida Inland Navigation District

for Spoil Material - District 1

Marc Bernath, Public Works Director, stated this Item is seeking approval and authorization for

the Chair to execute a material removal agreement with the Florida Inland Navigation District

(FIND) for the removal of spoiled material from Dredge Material Management Area (DMMA)

BV-2C, which is in Mims, and to also authorize the County Manager to make any future

contract-related document changes with the review and approval by the County Attorney, Risk

Management, and Purchasing Services.

Chair Pritchett stated she thinks this is a good project.

The Board approved and executed the Material Removal Agreement with the Florida Inland

Navigation District (FIND) for removal of spoil material from DMMA BV-2C for use by the

County; and authorized the County Manager to execute future contract-related documents

contingent upon review and approval by the County Attorney, Risk Management, and

Purchasing Services.

Result: APPROVED

Mover: Rob Feltner

Seconder: Tom Goodson

Ayes: Pritchett, Goodson, Tobia, Feltner, and Zonka

K.4 John Tobia, Commissioner District 3, Re: Board Report

Commissioner Tobia stated he wanted to bring to the Board’s attention a unique opportunity

the Federal Government has created, a charging and fueling infrastructure discretional grant

program; this provides about $2.5 billion for electric vehicle charging stations and alternative

fuel infrastructure; the program will provide funds over the next five years to include cities,

counties and local governments; he wanted to thank County Grant Administrator, Anthony

Hagan; and Central Services has already begun working on applying for this grant. He added

he knows that at least a couple folks up here that drive vehicles that run on things other than

fossil fuel; and he wanted to thank staff for working on drawing that money down. He

mentioned the School Board is going through the redistricting process and he wanted to put

this out there to see where the Board stands; he has spoken with Chairman Matt Susin in

regards to aligning the school district with the County Commission districts; the Board has

already voted to have the County districts away and it did not go the way he had hoped; he has

had individuals ask the simple question about there being five County Commissioners and five

School Boards, and why they are in County Commission district 5 and School Board district 3; it

costs somewhere near $17,000 in legal ads, staff time, and software; and portions of this could

be saved by the School Board. He added he knows that is a different taxing authority, but the

resources they receive come out of the same pockets that the Board asks folks to turn over; if

the School Board used the boundaries that the Board would set up, there would be a cost

savings and there would be more transparency; he stated Chairman Susin had reached out to

the Supervisor of Elections, who diligently mentioned the cost associated with realigning them

and more importantly, sending out the registration cards with the updated numbers, roughly

$60,000; and whether it came from the School Board or whether it comes from the Board,

ultimately it comes from the back pocket of the taxpayers. He went on to say his goal was to

help the School Board come up with half of those costs; he wanted to find out where the Board

was on this; when it came to American Rescue Plan Act (ARPA) funds, they were divided up

and he had seen about $20,000 savings at the last meeting when he authorized up to $60,000

to be sent for the Merritt Island study and a vendor was found for $40,000; he would cut

$10,000 off of the multi-million dollar project for the Hoover field and allocate $30,000 of the

$60,000; and he reiterated this would come from the ARPA funds allocated to District 3 to fund

this program, should the School Board go along with aligning their districts with the Board’s.

Commissioner Feltner stated he would have a question for the Supervisor of Elections first

before thinking about reallocating those funds; he would ask if Tim Bobanik, Supervisor of

Elections, is planning to do a mailing before the Presidential Preference Primary, because if

that is going to happen, they could just as easily put a new voter card in there, as he is only

changing one digit in one box for the new district; and he thinks Mr. Bobanik should be asked

first.

Commissioner Goodson stated there is always the argument about moving someone’s district

and they do not live in that district now and they have a four-year term, now cut to two, so either

they would have to move or…; and he asked Commissioner Tobia if the School Board

members would stay in their relative positions.

Commissioner Tobia replied this is only contingent on should the School Board go in that

direction; he has no say in whether they go in that direction; however, the $60,000 he got was

when Chairman Susin asked Mr. Bobanik, so that may be an additional savings on the worst

case scenario; but if the School Board decides to go in a different direction, then this would be

a moot point.

Commissioner Zonka stated she thinks some of the concern when they wanted to do this in the

past, was the number of schools and students per district; but she thinks it is a great idea and

hopefully they move forward and it does not displace existing School Board members.

Commissioner Feltner remarked he thinks the goal is just simply if one lives in a 100 level

precinct, they are in School Board District 1 and County Commission District 1, if one lives in a

500 level precinct, that tells him immediately they are in School Board District 5 and County

Commission District 5; he knows that makes it a lot easier for the Supervisor of Elections too,

so he thinks they would have some incentive; this is ultimately for the School Board to decide,

but he suspects that there is going to be a mailing from the Supervisor of Elections, maybe

even at the end of this year, prior to the Presidential Preference Primary; he just wonders if the

card could be put in there, or if it has been considered, as they have a lot of mailing equipment

there on John Rhodes Boulevard; and maybe he could pay postage one time.

Chair Pritchett asked Commissioner Tobia if he wanted to go check that out and come back.

Commissioner Tobia replied he would rather punt that one to Commissioner Feltner; he just

does not want the School Board to go in a different direction because a member of the School

Board says this is going to cost $30,000; this is not about being in a 200 precinct; the way he

looks at this, this is for the voter that is able to say they are in School Board District 2 and

automatically know their County Commissioner is in District 2; and it gets extremely

complicated when there are five County Commissioners and five School Board members, but

someone is in a different School Board District than their County Commission District. He went

on to say the fact that the School Board may want to go in that same direction, but the Board

cannot do independently, or mandate them to do that; and if they are voluntarily doing this, he

does not want there to be a financial roadblock, for voter transparency.

Commissioner Feltner stated he agrees 100 percent; he will talk to Mr. Bobanik and see if

maybe the number could be a lot smaller.

Commissioner Zonka mentioned that is good information to provide to Mr. Susin, if he is going

to present it to his board, if the cost is half of that; and she asked if it was going with half or

$30,000.

Commissioner Tobia replied this is extremely important to him, the voter transparency; and if

they were able to get it down to $30,000, if the Board is okay with it, it would come completely

out of his tranche to cover this.

Commissioner Zonka remarked just so Mr. Susin has the information going to his board; and

she thinks the more information he has, the better.

K.6. Kristine Zonka, Commissioner District 5, Vice-Chair, Re: Board Report

Commissioner Zonka stated she wanted to thank the Commission and County staff for a great

six-plus years; they resolved a tremendous amount of issues, some big ones, and the equally

important hundreds of smaller ones; some issue more intensely debated and argued, and

some would drag-out debate, but always researched, thoughtful, and fought with equally as

much passion; she cannot express enough gratitude to the County Manager, the staff, and the

County, too many to list, because she had a list in her head and she did not want to hurt

anyone’s feelings if she missed anybody; and many became easy friends over time and

quickly. She added she is fortunate to be able to continue working with them, just in a different

capacity, as that is a plus; her chief of staff, Danielle Stern, is a rock star and the County in

District 5 is better because of the hard-working commitment; Janett Roig is the sunshine and

gatekeeper, keeping them all laughing on a daily basis, and keeps it running like a well-oiled

machine; she manages the calm and angry, or puts someone in their place when they need to

be; and Charlene Brown, within the first month in her office, picked-up on things quicker than

any other in that office; and she proved that she can manage any constituent issue, good or

bad. She stated she is sharing this because, like County staff, they are the ones behind the

scenes that often do not get recognized enough; she encouraged the Commission to keep the

District 5 staff in place; she has not asked them, but she is sure they are willing to stay in place

for continuity and make sure things are not missed; she hopes the Governor appoints someone

good quickly, but with Chair Pritchett at the helm, she thinks it will be okay; and it has been

great, and when she comes asking for money, just say yes.

Chair Pritchett stated Commissioner Zonka will be missed a lot.

Commissioner Tobia stated he is glad Commissioner Zonka brought that up, as everyone in his

office speaks highly of District 5 staff; he asked if when there is a zoning meeting coming up,

and he knows there is at least one issue in District 5, would it be okay if Ms. Stern provides the

Board with an interpretation of the District 5 perspective; and he asked what she thought.

Commissioner Zonka replied she thinks it is a great idea; she appreciated it when Fritz

VanVolkenburgh did it for District 2 and she feels he was right 80 percent of the time and

well-aligned with the Board; she stated she and Ms. Stern are very similar when it comes to

stuff like this because they understand the requests, meet with constituents, and do their

homework; and she thinks that would be great if the Board is amicable to that.

Chair Pritchett stated she would like that a lot; and if she could show up for the briefings, she

would appreciate that. She read into the record: The Board of County Commission will not

commence and attorney-client session discussing litigation and settlement negotiations in the

cases of Paul Bross versus Brevard County, and Patrick Schirard, Trustee versus Brevard

County; the names of the people attending the attorney-client session are Rita Pritchett, Tom

Goodson, John Tobia, Rob Feltner, Christine Zonka, Frank Abbate, Morris Richardson, Dale

Scott and Mark Moreira; the session will be held in the County Manager’s conference room;

and the estimated time is an hour or less.

The Board approved to temporarily adjourn and reconvene in the County Manager’s

conference room.

Upon consensus of the Board, the meeting adjourned at 10:09 a.m.

ATTEST:

__________________________

RACHEL M. SADOFF, CLERK

_________________________________

RITA PRITCHETT, CHAIR

BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

Result: APPROVED

Mover: John Tobia

Seconder: Tom Goodson

Ayes: Pritchett, Goodson, Tobia, Feltner, and Zonka