Brevard County Board of County Commissioners  
2725 Judge Fran Jamieson Way  
Viera, FL 32940  
Tuesday, April 19, 2022  
9:00 AM  
Commission Chambers  
Commissioner District 1 Rita Pritchett, Commissioner District 3  
John Tobia, Commissioner District 4 Curt Smith, and  
Commissioner District 5 Kristine Zonka  
Commissioner Tobia led the assembly in the Pledge of Allegiance.  
E.1. Resolution recognizing April 30th 2022 as Therapy Animal Day  
Commissioner Smith read aloud, and the Board adopted Resolution No. 22-035, recognizing  
April 30, 2022, as National Therapy Animal Day.  
Frank Keiser stated a lot of people do not understand therapy animals; he is a Vietnam  
Veteran, and is 100 percent totally and permanently disabled; Millie, his dog, supplies a great  
deal of emotional support for him because 70 percent of his disability is Post Traumatic Stress  
Disorder (PTSD); and she is a love, which is exactly what he needs. He expressed his  
appreciation to the Board for the recognition.  
Result: ADOPTED  
Mover: Curt Smith  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
E.2. Proclaiming May 2022 as Older Americans Month - District 5  
Marty Hindsley stated he is happy to be here; it is a pleasure to be an opera volunteer for over  
20 some years with the seniors, and mainly to touch their lives in a positive way.  
Sandy Michelson stated she is an example of people who volunteer in later years of their lives;  
a person needs to be productive; and everyone is here to protect one another.  
Mary Helen Hyde stated she is a registered nurse, and she is still actively doing it for 55 years,  
it is her heart; and she thanked the Board for the honor.  
Chair Zonka stated she wants to read a little about each of the people being recognized, as  
follows: At age 76, Mary Helen Hyde has been a dedicated member of our community for  
nearly half a century. She is a role model and part of the management team at West Melbourne  
Health and Rehabilitation where she has worked for the past 14 years. In her own words, Mary  
feels that nursing is a calling feeling in your heart knowing it’s the right thing to do, and not  
everyone can do it. She has worn many hats over the years on various shifts having taught first  
aid classes, Certified Nursing Assistant (CAN) classes, and recently stepped down from her  
position as Assistant Director of Nurses to work in the Myelodysplastic Syndromes (MDS)  
Department. Mary has dedicated her entire life to nursing excellence, caring for her patients,  
teaching patients, families, and staff and referring people to resources in our community.  
Sandy Michelson has been committed to opening her heart to the needs of the community with  
a focus on advancing the status of women globally, nationally, and locally through the Zonta  
Club of Melbourne where she is currently ambassador and past president. This caring attitude  
is reflected in its many service projects, such as education awareness, scholarship awards, and  
fundraising events. She has also served, or is currently serving, as a Trustee of the Greater  
Palm Bay Chamber, the Melbourne Regional Chamber, West Melbourne Business Association,  
City of West Melbourne, Brevard Cultural Alliance, Weventure League of Extraordinary  
Investors, Junior Achievement, and Green Gables. Marty Hindsley of Satellite Beach is retired  
but is still an active volunteer with many organizations, such as the Founder and President of  
the 55-Plus Club, Kiwanis Club President, Aging Matters Retired Senior Program and Advisory  
Board Chairman. His previous endeavors include being a former United Way Volunteer  
Coordinator, former member of Brevard Commission on Aging, Senior Care of Brevard  
Chairperson, and Housing Authority of Brevard County Commission, as appointed by the  
Governor of Florida. His unselfish dedication to volunteerism deserves our humble gratitude.  
Chair Zonka read aloud, and the Board adopted Resolution No. 22-036, proclaiming May 2022  
as Older Americans Month.  
Dr. John Potomski stated he has had the honor of serving on the Brevard County Commission  
on Aging for many years; as a physician he has been providing care to seniors in Brevard  
County for almost 39 years; as people may know, seniors in Brevard County have 32 percent of  
the population; whereas residents under the age of 18 make up 19 percent of the population;  
and these same seniors pay property taxes directly when they own their own home, but also  
indirectly when renting an apartment, assisted living facility, or even a nursing home which has  
to pay property taxes. He went on to say seniors continue to support the County and school  
systems long after their children finish school; as the Board knows, the school budget is the  
biggest single item on the property tax assessment; he like George H. W. Bush, or George Sr.,  
is a compassionate conservative and a strong supporter of the Sheriff and strict law  
enforcement in Brevard County; he is also a compassionate individual that feels that the  
County should give back in some way to the seniors, especially those in need; and he praised  
the Commission for helping partially fund the Meals on Wheels Program, but this year there is a  
funding deficit that could affect many seniors dependent on this program. He noted many  
seniors have to choose between taking their medications or eating; he is supporting the  
refunding of community based organizations which serve the seniors and disabled adults in  
many other ways; he asked the Board to be compassionate and to support community based  
organizations with funding that helps many seniors; in some cases, the federal government  
contributes nine additional dollars; and this way it will help to do more for seniors in need who  
have helped them during their lifetimes, and continue to help the community in many ways.  
Result: ADOPTED  
Mover: Curt Smith  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
F.1. First Amendment to the Professional Engineering Services Contract between  
Brevard County and Environmental Consulting and Technology, Inc. (ECT)  
The Board executed and approved the First Amendment to the Professional Engineering  
Services Contract between Brevard County and Environmental Consulting and Technology,  
Inc. (ECT).  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.2. Time extension Amendment for the Save Our Indian River Lagoon St. Johns River  
Water Management District Crane Creek / M-1 Canal Flow Restoration Project  
(District 5)  
The Board executed and approved a three-year time extension amendment for St. Johns River  
Water Management District (SJRWMD) Cost-Share Funding Interlocal Agreement Save Our  
Indian River Lagoon (SOIRL) 18-68, for Crane Creek/M-1 Canal Flow Restoration Project.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.3. Final Plat and Contract Approval, Re: Adelaide Phase 6A  
Developer: The Viera Company District 4  
The Board executed and granted final plat approval for Adelaide Phase 6A – Developer: The  
Viera Company, subject to minor changes, if necessary, receipt of all documents required for  
recording, and developer responsible for obtaining all other necessary jurisdictional permits.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.4. Acceptance, Re: Binding Development Plan with Justin M. Falscroft (District 1)  
The Board executed Binding Development Plan Agreement with Justin M. Falscroft for property  
on 3.96 acres, located at the north end of Friday Road, on the south side of S.R. 528, Cocoa.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.5. Final Plat and Contract Approval, Re: Reeling Park South, Phase 4  
Developer: The Viera Company District 4  
The Board granted final plat approval for Reeling Park South Phase 4 – Developer: The Viera  
Company, subject to minor changes, if necessary, receipt of all documents required for  
recording, and developer responsible for obtaining all other necessary jurisdictional permits.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.6. Acceptance, Re: Binding Development Plan with DeRosa Holdings, Inc. (District  
The Board executed Binding Development Plan Agreement with DeRosa Holdings, Inc. for  
property on a parcel of land being a portion of Block H of A. & B. Bruners Re-subdivision of  
Blocks A, H, J, and K, and parts of Blocks C & I of A. L. Bruners Re-Subdivision of Burchfield &  
Bruners Addition to Crescent Beach, commencing at an iron rod monumenting the intersection  
of the west right-of-way line of Atlantic Avenue in Brevard County.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.7. Approval, Re: Resolution and Easement (Business) from Brevard County to  
Florida Power and Light for Lift Station W09 - District 2.  
The Board executed and adopted Resolution No. 22-037, authorizing the conveyance of real  
property interest by the County; and executed and approved the Easement (Business) from  
Brevard County to Florida Power & Light (FPL) for Lift Station W09.  
Result: ADOPTED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.8. Approval, Re: Dedication of: 1) Warranty Deed and Bill of Sale from D.R. Horton,  
Inc. for Tract U of the Adamson Creek Phase One-C Subdivision for Lift Station  
W11 and 2) Quit-Claim Deed for Tract U from Adamson Creek Homeowners  
Association, Inc. - District 1.  
The Board accepted the Warranty Deed and Bill of Sale from D.R. Horton, Inc. for Tract U of  
the Adamson Creek Phase One-C Subdivision for Lift Station W11; and accepted the Quit  
Claim Deed from Adamson Creek Homeowners Association, Inc. for Tract U.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.9. Approval, Re: Donation of Drainage Easement from South Indian River Isles  
Homeowners Association, Inc., Required by Right of Way Permit for the Zone C  
Indian River Isles Septic to Sewer Project- District 2.  
The Board approved and accepted the Drainage Easement from South Indian River Isles  
Homeowners Association, Inc., required by Right-of-Way Permit for the Zone C Indian River  
Isles Septic to Sewer Project.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.10. Approval, Re: First Amendment to the existing Service Agreement for Fire  
Protection / Emergency Services with Merritt Island Volunteer Fire Department  
The Board approved and authorized the Chair to execute First Amendment to Existing Service  
Agreement between Brevard County and Merritt Island Volunteer Fire Department (MIVFD) by  
one year, for Fire Protection/Emergency Services; and approved merging Use of Space  
Agreement between Brevard County and MIVFD into the Service Agreement.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.11. Request for Special Meeting for an Executive Session: Paul Bross, as successor  
in interest to (Eric and Amanda Obloy, Bambino Land Trust dated 6-19-19) v.  
Brevard County, Florida, Case Number 05-2019-CA-035542-XXXX-XX.  
The Board approved the cost of advertising for, and the scheduling of, a special meeting for a  
private attorney-client session on May 17, 2022, at the conclusion of the meeting of the Board  
of County Commissioners, pursuant to Section 286.011(8), Florida Statues, for the purpose of  
discussing litigation strategy and settlement negotiations in the case of Paul Bross, as  
successor in interest to (Eric and Amanda Obloy, Bambino Land Trust dated 6-19-19) v.  
Brevard County, Florida, Case Number 05-2019-CA-035542-XXXX-XX.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.12. Approval of revisions to BCC-31 Sunset Review of Programs, Services,  
Ordinances, Policies and Administrative Orders. Authorize the Chair to sign the  
revised BCC-31.  
The Board approved and authorized the Chair to execute revisions to BCC-31, Sunset Review  
of Programs, Services, Ordinances, Policies, and Administrative Orders.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.13. Precinct Boundaries - Altered and Added (Chapter 101.001(1)F.S.)  
The Board approved the revised Precinct Boundaries due to the annexation by the City of West  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
F.14. Bill Folder  
The Board acknowledged receipt of the Bill Folder, as submitted.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Dontavious Smith stated this past weekend, Cocoa had an event at Provost Park hosted by  
Taurus T. Macmathis, which was a fundraiser for the Rockledge Youth Football League and  
Cheerleading Foundation; it was a black environment, a different environment, a lot of black  
music, gold teeth, a lot of colorful cars, and everything that the black community embraces; it  
was embraced by local law enforcement as well; and it went on from around 2:00 in the  
afternoon until around 6:30. He went on to say it was a large crowd; the expectations were  
shootings and fighting; a person could not find even one disruption from this weekend; he  
thinks the publics engagement with the citizens and the law enforcement was illustrated over  
the weekend, and if that is a glimpse of what their future is in this County, he is very excited;  
that is an exemplary model of what other counties should be modeled after; and there were  
guests from Miami, Orlando, West Palm Beach, and people from everywhere come visit the  
City of Cocoa. He noted to see that gathering on resurrection Sunday was amazing; and he  
thanked the Cities of Cocoa and Rockledge law enforcement for being so respectful to their  
culture, and to the citizens doing an event as such.  
Sandra Sullivan stated she wants to talk about the Hightower Beach Preserve; tomorrow there  
will be a meeting in Tallahassee, she will be there, for the Florida Communities Trust (FCT)  
Governing Board; these lands were in Brevard County and were only annexed for the  
conservation of these lands; in fact, the City of Satellite Beach wrote a letter that she has  
previously provided to the Board; and it says generations of Brevard County residents will be  
forever indebted to the County for its foresight to preserve these lands, because Brevard  
County is the largest Loggerhead nesting in the world where 50 percent of endangered Greens  
in Florida now nest in Brevard County. She continued by saying the changes to be made  
tomorrow effect the management plan for Phase I and Phase 2; the County is co-applicant on  
Phase 2 and were a partner on Phase 1; it actually morphed into co-applicant because they  
could not get the land for the access, so they used the County’s; that is why there is a joint  
management plan; the County has not yet weighed in as a co-applicant; and there is legal  
liability for the County, because of the controversial nature of these changes. She pointed out  
she has over 40,000 Florida citizen signatures; the petition site she can download, she can tell  
the Board exactly how many are in Brevard County, and she will be doing that today; she  
knows exactly the number of people who are in Florida; it matters to Florida and Brevard  
County residents; and this is a political issue. She stated the changes that are being made are  
two-fold; one, a High-Frequency (HF) radar system by Florida Institute of Technology (FIT) is to  
go on the site; the letter from FTC says, “The formal request detailing the nature of the project  
and how it will benefit the FTC site, what impacts are and cannot be detrimental;” she stated  
the proposed site have sea grapes which are protected and not allowed to be destroyed; and  
they cannot put four of these radar systems in there without destroying them. She added this is  
a four-inch conduit they claim they are laying on the sand, but the foliage is two and one-half  
foot high and very dense; it is also dense up at the top of the map; the reason they could not  
put it at Patrick Air Force Base is because they had sea grapes; and she asked the Board to  
put a letter on file with the FTC Governing Board.  
H.1. Public Hearing, Re: Wireless Telecommunications Facilities Ordinance (Final  
Chair Zonka called for a second public hearing to consider the Wireless Telecommunications  
Facilities ordinance.  
Tad Calkins, Planning and Development Director, stated Item H.1. is asking the Board to  
conduct a public hearing to consider revisions to Chapter 62, Article 6, Division 7, addressing  
emerging wireless technology; the revisions amends the current Wireless Telecommunications  
Facilities definition to include small, wireless facilities as defined in State Statute, and  
establishes separation requirements from residential structures, child care facilities, and public  
and private schools; and if the Board has any questions, he is happy to answer.  
There being no objections or comments, the Board conducted the second public hearing and  
adopted Ordinance No. 22-10, amending Chapter 62 of the Brevard County Code of  
Ordinances, Land Development Regulations, Article VI-Zoning Regulations, Division  
7-Communications Facilities, Subdivision I-General Provisions, at Section 62-2403-Definitions,  
to amend the definition of wireless telecommunications facility; to further amend Subdivision  
II-Permit Levels and General Development Standards, at Section 62-2422-General  
Development Standards, in order to amend the standards as to minimum setbacks and to  
provide a waiver provision; creating a new Section 62-2425-Commercial Small Wireless Facility  
Locations, in order to address the placement of commercial small wireless facilities in  
residentially zoned classifications; providing for severability, conflicts, and area encompassed;  
and providing for an effective date and inclusion in Code.  
Result: ADOPTED  
Mover: Rita Pritchett  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.2. Proposed Amendment to Brevard County Code of Ordinances, Section 74, Article  
VI Brevard County Code, pertaining to restrictions for sexual offenders and  
sexual predators.  
Chair Zonka called for a public hearing to consider a proposed amendment to the Brevard  
County Code of Ordinances, Section 74, Article VI, Brevard County Code, pertaining to  
restrictions for sexual offenders and sexual predators.  
Abigail Jorandby, County Attorney, stated this is a proposed amendment to Brevard County  
Code of Ordinances, Section 74, Article VI, of the Brevard County Code pertaining to the  
restrictions for sexual offenders and sexual predators; the ordinance is addressing the  
exceptions that are permitted for the sexual offenders and sexual predators to be within the  
1,000-foot buffer zone; specifically, these exceptions include official business at Brevard  
County Government Offices, as well as an additional exception for vote by mail or to obtain a  
vote by mail ballot; staff has flushed out some of the school property exceptions, which was  
already existing in the Ordinance to reflect the current State Statute, and providing for public  
meeting exceptions; and as for emergency meetings, part of that requirement will require any  
individual who is a sexual offender or sexual predator to register with the Sheriff’s Sex Offender  
Register and Tracking Unit before actually coming for those meetings. She advised those are  
the changes for this ordinance; and it is essentially for the exceptions to allow individuals to  
attend public meetings, as well as government business.  
There being no objections or comments, the Board adopted Ordinance No. 22-11, amending  
Chapter 74-Offenses and Miscellaneous Provisions at Article VI-Sexual Offenders and Sexual  
Predators, by amending Section 74-102-“Sexual Offenders and Sexual Predators” in order to  
provide additional exceptions; providing for inclusion in the Code of Ordinances; providing for  
conflicting provisions; providing for severability; providing for an effective date; and providing  
for an area encompassed and for other purposes.  
Result: ADOPTED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
Non- Mandatory Advisory Board Discussion  
Commissioner Tobia stated he does not plan to deal with any of these today, he just wanted to  
find out if there was a possibility as the Board goes forward; he is very grateful for the success  
the Commission has had eliminating 10 boards; this is just the Commissioners thoughts on  
that; and he passed out a blank copy to each Commissioner to fill out. He went on to say he will  
tally the votes, but will make no motion to do away with anything for today.  
Kristin Lortie stated she is a District 1 resident, and she is a moderator of a Facebook group  
called Cocoa Cares Facebook Group; due to today’s Agenda, the Board has inspired her to  
come and address it personally; on the non-mandatory advisory boards, she joins  
Commissioner Pritchett in valuing the advisory boards; she thinks the Commission should be  
very careful before scraping these boards; and she is not in line with Commissioner Tobia  
unless there is a compelling reason. She went on to state she is surprised to find out 10 boards  
were eliminated; she does not follow or listen to all of the meetings; the Commissioner in  
District 1 has the most support for the advisory boards; these are volunteers who are willing to  
share their expertise and wisdom with the Commission; she thinks they should be applauded  
and encouraged; and she will be speaking again on the policy issues, because she has some  
issues to those. She noted before getting rid of an advisory board, the members should be  
invited to come and plead their case, and should have a pretty compelling argument for  
disbanding those; she is surprised the Commission has decided to spend time on launching  
this investigation on the advisory boards when they are providing a service to County; she  
thinks they can help save money just from one good decision from an advisory board; she is  
comforted as a taxpayer, the more advisory boards the County has; and if she had more time,  
she would research those disbanded boards, because she is not in support of letting go  
advisory boards who provide a service to the community, and she is skeptical on all of the costs  
that supposedly go into these. She stated these are people working on behalf of the County;  
and she does not understand why the Board is taking this strong of an action on the advisory  
Ron Jurgutis asked if he heard correctly that there is not going to be a motion to eliminate any  
boards at this time; he stated he agrees with the last citizen’s comments; the volunteers who do  
work on these boards, take it very seriously; there should be a case made before anything  
further is eliminated, that the boards show up here and state their case; and then everyone  
knows what is truly going on, including the citizens.  
Sandra Sullivan stated she would be looking at how to function the advisory boards rather than  
do away with them; there are a few problems with some of them; the Citizen Budget Review  
Committee, for example, came before the Board with suggestions to put alternates on that  
board, so they can be training the next people if someone is not attending regularly that they  
could have someone else step into that position; if these are being looked at to improve them,  
to address the issues; and she thinks that would be a better approach. She continued what  
concerns her about the list in particular is the number of fiduciary rewards that are on that list;  
this is about accountability and transparency for the County; one of the boards listed is the  
Audit Committee; she did some public records requests for this Committee; the audit plan that  
came out for RSM, what was missing were the same three sentences for the Save Our Indian  
river Lagoon (SOIRL) audit; there are issues with the SOIRL audit that should have been  
identified; and when looking at that board, there are no alternates. She stated the board’s need  
to be looked at with consistency just like the Commission did with the Planning and Zoning  
board; the board’s need to be improved and better functioning; it is better for everybody; it  
gives the assurance of accountability and transparency; she attends some of these board  
meetings; she is learning things from these meetings; and now the Commission wants to do  
away with some of these advisory boards. She added accountability and transparency is good  
government, and to do anything less than that raises questions as to the Board’s motives.  
Commissioner Tobia expressed his appreciation to the Board for filling the information on the  
forms; he stated one individual stated they are in favor of all of the boards; there were four  
boards that two of three folks who want to as a minimum have discussions; those boards are  
Arts in Public Places, Building and Construction, Historical Commission, and the District 2  
Canal Dredging Committee; and those will be brought up at a later time. He went on to say he  
can certainly put only one board at a time for discussion to give everyone the opportunity to  
meet with folks, and to let those advisory boards plead their case as to why they are necessary.  
Chair Zonka stated some of these boards were looked up because they have not met in several  
years, because the Board did not view them as having value; some of them have met but had  
no product or information; this was just a list of non-mandatory boards; it was not something  
the Board was considering eliminating them all; and it was just a discussion or an informational  
The Board discussed non-mandatory Advisory Boards, but took no action.  
Consideration of Solid Waste Management Department’s Proposed Disposal  
Assessment Rates, Five-Year Capital Improvement Program and Financing Plan  
Tom Mulligan, Solid Waste Management Interim Director, stated staff is requesting the Board  
to consider Solid Waste Management Department’s Proposed Disposal Assessment Rates,  
Five-Year Capital Improvement Program and Financing Plan for that program, including  
associated proposed annual disposal assessment rates; to authorize staff to mail the required  
public hearing notice regarding consideration of proposed increases to the annual Solid Waste  
disposal assessment; to authorize the development, advertisement, and award of a competitive  
bid solicitation for printing and mailing services for that public notice of public hearing, including  
authorizing the County Manager to make any minor, but necessary, modifications to the public  
hearing notice before issuance; and to execute the contract for the printing and mailing  
services. He went on to say this request also authorizes staff to research the most efficient  
financing method for the Solid Waste Management Department’s capital improvement funding  
needs, including a third-party engineering study that is required for financing; and to authorize  
the County Manager to approve all Budget Change Requests that may arise from the mailing,  
competitive solicitation, and the third-party engineering study.  
Sandra Sullivan stated the benefit from attending these meetings for three and a half years is  
her perspective she has garnered on this particular topic; this subject, more than any other, of  
Solid Waste disposal has been discussed perhaps more than any other topic; she wants to call  
out why the County has this expense before the Board from her perspectives from attending  
these meetings; and for three years the Board talked about whether it was doing State Road  
(SR) 192 project or if it would be Florida Recyclers. She continued by saying May of last year,  
the Board had a meeting where it started construction of the SR 192 saying it was going to run  
out of dump space in Sarno during the summer, and something happened to the Florida  
Recyclers that the public does not know about of why it did not pan out; but the bottom line is in  
October the Board approved trucking trash and buying trucks to move trash around to different  
facilities; one Commissioner voted against that and said they were not going to vote for it  
unless it is figured out how to pay for it; and the public is going to pay for that, because this SR  
192 facility will not be operational until 2026. She added for four years the County will be  
trucking trash because the County is reactive management, crisis management, not proactive  
management in planning for capital expenditures; at the Budget meeting the Board actually  
said an impact study should be done to figure out how it was going to pay for this; that was nine  
months after the facility was started to be built; this is shameful; and the Board talks about  
accountability and transparency, that is why it is needed.  
Kristin Lortie stated she is not as versed on this item as the last speaker; she did look at the  
Agenda topic, and she has a few observations; this is headed for a tax increase over time; she  
does not have the answer to the question if it is justified or needed; it does say though that if it  
is not done, the County will run out of capacity at the landfill; and what was curious for her was  
one particular facility on it that was going to get filled up two years sooner than it was expected  
to. She asked what the County is doing to encourage diverting trash into the landfills programs  
in order to advise residents, and programs to essentially charge the heavy waste users; she  
stated there are programs for this in other places; she is interested in seeing programs in  
Brevard County that help people reduce their overall consumption into the landfill so taxpayers  
do not have to have tax increases, and will not need all of the infrastructure; and if that could  
use an advisory board, she is all in favor of that, having volunteers and experts to look at other  
places in the country to find out what they are doing to help reduce the overall usage. She  
stated she is interested in reducing Brevard County’s waste; it is having a population explosion;  
the waste problem is not going to get better; and she hopes someone is trying to come up with  
some ideas to be able to divert the tax increases in the future.  
Ron Jurgutis stated as long as he has lived in Brevard County, trash has always been a  
subject; it seems to be to push it off, there is no solution, or there is some type of crisis going  
on that it is not addressed; this should have been addressed a long time ago; he hopes  
wherever this landfill is going to go is that people are very careful not to disturb the water table;  
and that could affect the citizens drinking water. He pointed out he is not happy with higher  
rates to go along with the inflation that is going on now; it has got to get done; and had it been  
addressed sooner, perhaps the costs would have been less.  
Commissioner Pritchett stated this is a tough issue; before she was a Commissioner, she  
watched the meetings for four years; this has been an ongoing topic as far back as she can  
remember; the SR 192 site, work has started there, that was very difficult; this cannot be  
rushed into, because having a new dumpsite in a person’s area, is not that comfortable; and  
what is so tough about that site is there is a lot of cattle there that graze. She went on by saying  
there would have been more time but Covid hit and many people did remodeling, and it quickly  
started filling up a few of these sites; the ability to have this work is going to happen, but costs  
and inflation is going up everywhere; and she thinks she heard it was going to be up 23 percent  
by the middle of the year after the start of the year. She reiterated this is not something that  
can be hurried, because it effects everybody; and she thanked the County Manager for all of  
his hard work and the thorough job he has done in trying to get the best job done for the  
Commissioner Smith stated he wants to address a couple of things; this did not just happen, it  
is not something that the Board is Johnny come lately to; this is something the County has  
been working through since 2000 or 2002; it worked with Deseret Ranch to buy this property  
where the new landfill is going 20 years ago; and this has been in the plan for a long time. He  
went on to state the County did not get the last permit it needed until about a year ago; it is very  
difficult to get permitting for a landfill; had previous Commissions not been on the ball and  
gotten this rolling 20 years ago, where would the County be now regarding a place for the  
trash; and it would have to go to whatever county who was in the business of possibly taking  
Brevard County’s trash. He added if the property was not obtained for a landfill, other counties  
could charge Brevard County anything they wanted to haul its trash; if the process were started  
now instead of 20 years ago, it could be 40 years before all necessary permits could be  
obtained; there is a lot of misinformation out there; the County is on top of this situation and are  
moving forward with this; and he asked if the County Manager wanted to add anything.  
Frank Abbate, County Manager, replied no, the Agenda Report has a good outline of the five or  
so items staff is asking the Board in the requested action; and staff is looking for approval of all  
five of those items, because it needs to be moved forward.  
Commissioner Tobia advised the increase for the first year will be $5.13; and he asked is that  
per year or as initially reported per month.  
Mr. Mulligan replied that is per year.  
Chair Zonka stated Ms. Sullivan has been coming to the Board meetings for three years, and  
she knows her feelings about the 192 site; she thinks Ms. Sullivan protested once on it; many  
people do not understand that landfill being at the entrance of Brevard County; she wishes  
Florida Recyclers would have worked out; and that would have bought the County a few years  
and it could have possibly found another location. She continued by saying she does not want  
to be at the mercy of another county; and Brevard County is kind of stuck.  
The Board considered and discussed the Solid Waste Management Department’s proposed  
Five-Year Capital Improvement Program (CIP), a financing plan for the CIP including  
associated proposed annual disposal assessment rates; authorized staff to mail the required  
Public Hearing Notice regarding consideration of proposed increases to the annual Solid Waste  
Disposal assessment; authorized staff to research the most efficient financing method for the  
Solid Waste Management Department’s CIP funding needs, including a third-party engineering  
study that is required for financing; authorized the development, advertisement, and award of a  
competitive solicitation for printing and mailing services for a Notice of Public Hearing for  
proposed annual Solid Waste Disposal assessment rates, authorizing the County Manager to  
make minor, but necessary, modifications to the Public Hearing Notice, and to execute the  
contract for those mailing services as approved by the County Attorney’s Office and Purchasing  
Services; and authorized the County Manager to approve all Budget Change Requests that  
may arise from the mailing competitive solicitation and for the third-party engineering study.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
Non-Mandatory Advisory Board Uniformity Ordinance  
Commissioner Tobia stated on April 5, 2022, at another Board meeting, he discussed a draft  
ordinance relating to uniformity of non-mandatory advisory boards; this ordinance does not  
affect mandatory boards or other boards that operate differently by Florida Statutes, Federal  
Law, the County’s partnership boards, and no compromise of appointments; there have been  
very few changes from what was discussed; he will go over again, very briefly, the things that  
he was interested in bringing inline; first was meeting frequency, a limit of four meetings per  
year, exemptions due to workload in nature of the boards include Board of Adjustment, which  
conducts an average of 54 public hearings a year, and the Personnel Council, it is important  
that the board meets as often as possible to be able to meet any employee grievance or  
appeal; and secondly, the meeting time. He noted he appreciates the concern of Janice Scott  
who spoke at the April 5, 2022, meeting and included that a minimum of 75 percent of  
meetings must be held during regular business hours; she said not everyone could make  
business hours, so this would make one of those meetings take place outside of that; on  
meeting locations, all meetings will be held at government facilities, annual reports, a uniform  
summary one-page report will be required of all County advisory boards and published in a  
regular agenda as well as posted online annually; staff time and expenditures for all of the  
boards other than those mandated by the federal law, staff time will be billed at $50 per hour,  
indexed annually with Consumer Price Index (CPI), and a cap of $3,000 for staff costs per year;  
and staff time includes, but is not limited to, attend those meetings, research, communication,  
and other tasks done on behalf of, or in relation to, a request made by a member of the  
advisory board. He stated for all boards, mandatory or not, all staff time requests must be  
made through the advisory board chair on behalf of the advisory board to the designated staff  
liaison; the attendance policy, an appointee who is absent 50 percent of the advisory board  
meetings at the end of the appointees current term is cause for immediate dismissal from said  
board; he expressed his thanks to Commissioner Smith who was concerned about the sunset  
provision that was discussed last time, however, has been removed from the current one, and  
he does not plan on putting that back in, so there is no sunset here; he advised Commissioner  
Smith is absolutely correct, future boards can remove that without the cause in there; and  
exceptions due to extenuating circumstances can be handled administratively by the County  
Manager. He stated he is happy to answer any questions, but the motion will be to approve  
legislative intent and permission to advertise for a public hearing for proposed amendments to  
Chapter 2, Brevard County Code of Ordinances relating to the advisory board regulations.  
Kristin Lortie stated there are three things in this that she thinks are reasonable; one is the  
annual report, she believes that is a reasonable request; having the website information  
accessible; 50 percent attendance also seems reasonable; the list is much longer of the things  
she does not find reasonable; and one of them is meeting frequency. She went on to say the  
County has a lot of boards that meet more than four times a year; this is pennies on the dollar  
the Commission is chasing to try to save the County money; she heavily disagrees with that;  
the meeting times being 75 percent during the day, that could really interrupt a board; and if  
there are several boards that do meet in the evening, and 75 percent of their meetings have to  
be during the day, she sees that disruptive to the board. She noted she does not understand  
why the meetings have to be disrupted like this; they are meeting throughout the County now;  
now everyone is troubled to go and find a County building in order to meet; she asked what the  
purpose is; and $50 an hour, as she said before, she is skeptical about these rates. She  
pointed out these rates are not real extra rates that go to the taxpayer, it is just the County  
saying it does not wants its staff to be troubled by working on these advisory boards; another  
thing crossed out is keeping accurate meeting minutes; she does not understand why that  
would be; there are also cross outs for committees that she does not understand; and all  
requests by the chair for information, to some extent a person can say that maybe seems  
reasonable. She asked what if there is a chair that is not doing that great of a job, and there is  
a board member who is more diligent and wants to request information, what is the process for  
them if the chair decides their request is not prudent; she advised she sees a lot of problems  
with this request for what she sees as not much gain; she inquired if that can just be requested  
from these boards to receive an annual report, the Commission would like to have the website  
put up, and if there is really a problem with 50 percent attendance; even the potential  
inspiration has been to 50 percent of the meetings for this policy; and she is not an advocate of  
punitive policy that could be disruptive to the advisory boards, so she is opposed to this policy.  
Ron Jurgutis stated as he has been told in the past by some, a County employee works for the  
County, certainly has to address issues to the Commission, but also works for the taxpayer;  
regardless of the board, if they are salaried employees, they are still going to be paid; as the  
previous speaker stated, how can something be done correctly if something is found and there  
are only four meetings a year; that needs to scrupulously be looked at as far as the boards to  
really understand; he would hope the Commissioners perhaps need to start attending these  
boards in some way, shape, or form to see truly what is going on; and he is not saying the  
Board Members do not, but maybe some of these boards do need more time to go through  
relevant issues, or have a request process to justify more than four meetings. He added  
something cannot just be solved on various committees in four meeting a year; he asked as to  
a taxpayer concern, why is this being done; he stated citizen input is being limited; the Board  
should want people to get involved in these committees; and sometimes there are really good  
people out there who can help. He noted the County workers do a good job, but sometimes  
there needs to be a flyover, the bell rings, the idea comes out, and it is a ta-da moment.  
Commissioner Tobia advised he does not have any comments concerning the public  
comments; he has made changes to the first draft to meet some participation from the  
audience as noted; he is willing to look at some of the stuff; but he is pretty happy with the work  
product the Board currently has in front of it.  
Commissioner Smith stated as a speaker mentioned, if there are four meetings a year, maybe  
something important comes up in between, and they have to wait; and he asked if there is a  
provision that they can convene at a special session.  
Commissioner Tobia responded affirmatively; he stated he looked at doing that one of two  
ways; one, bringing that to the Board to make an exception, or handing that power to the  
County Manager; he thinks it is probably better to hand it to the County Manager; he can make  
a decision unilaterally; and he thinks the Board all trusts the County Manager.  
Commissioner Pritchett stated she likes Commissioner Tobia putting in for the County Manager  
to be able to make changes, because he knows what boards may need a little bit more on a  
task; she asked Abigail Jorandby, County Attorney, about the prompt minutes; she mentioned  
that, that is under State Law, so it does not really matter if the Board puts it in or not, it has to  
be done anyway; and she just wanted to mention that. She pointed out she had a request on  
page three where it speaks on attendances and absences; she would like to add the phrase,  
instead of waiting to the end of the term, that as soon as this threshold is met by the person,  
like a two-year term and the person has already missed half of the meetings within year one,  
she thinks that is the time to remove them and not wait to the end of their term.  
Commissioner Tobia advised some thresholds will have to be set; and he asked if  
Commissioner Pritchett would prefer half of the meetings after the first year.  
Commissioner Pritchett replied correct, instead of waiting until the end of their term; and it can  
say, shall be dismissed from the appointment to the advisory board as soon as this threshold is  
Commissioner Tobia stated he has no hesitancy in making that change.  
Commissioner Smith stated he thinks it is a great idea, because if there is an appointee and he  
or she habitually is absent and nobody slaps their knuckles, he or she just keeps being absent.  
Commissioner Tobia noted he will make that change prior to it being advertised, and it will be  
adjusted accordingly.  
Chair Zonka suggested maybe after four meetings would cure that issue; if there are two  
meetings and someone misses one of two that technically would hit the threshold; so maybe  
after four calendar meetings; and that way that would at least be a fair look.  
Commissioner Tobia stated sounds good.  
Commissioner Pritchett stated if there are some boards that meet eight times and they have to  
meet eight times, the County Manager has the ability and his wisdom now to continue that; she  
thinks Mr. Abbate has a good handle on that; and with that in there, she thinks it is a very good  
ordinance brought forward by Commissioner Tobia.  
Chair Zonka stated her only concern regarding the ordinance is charging for staff time; and she  
asked who pays the staff time.  
Commissioner Tobia replied he learned this the first day in economics, there is something  
called an opportunity cost; the County has many openings, 91 slots available, to fill spaces;  
when County employees are busy filling requests, he or she is not doing other duties; the  
opportunity cost for this is huge; and it is probably more than the $50, because it is very difficult  
when the Board hears from constituents wondering why something has not happened. He went  
on to state the reason is because people are working hard filling public records requests for  
one individual; the goal is to deal with the opportunity cost; $50 is a fair, round number; it  
provides 60 hours; and the County Manager has the ability to override that.  
Chair Zonka advised she wanted to clarify that.  
The Board reviewed the draft ordinance, and granted legislative intent and permission to  
advertise for proposed amendments to Chapter 2, Brevard County Code of Ordinances, related  
to advisory board regulations.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
AO-47, The Coordination of Public Records Request  
Commissioner Pritchett stated this was discussed at the last meeting; this is an administrative  
order that if approved, Frank Abbate, County Manager, can work into the order; it is the same  
public records criteria that law enforcement uses, Florida Department of Law Enforcement  
(FDLE); and this is a tweaking and piggybacking of what is being done in the whole State as far  
as law enforcement with the public records requests.  
Rick Heffelfinger stated he wants to make comments regarding other issues before he moves  
on, because he found them confusing; Commissioner Smith mentioned something about the 39  
increase, and it has nothing to do with the landfill; that was a waste management contract to  
pick it up and send it to the landfill; he is glad there is a landfill, it is very nice; but the issue is  
really about the increase. He noted it is mixing apples and oranges; the landfill is now filling up;  
and with a 20-year process for a landfill, he is glad it was started 20 years ago.  
Chair Zonka stated his time is supposed to be used for this topic.  
Mr. Heffelfinger stated he does not know why the Board is spending so much time churning  
this; he asked who authors it, the County Manager; he stated it is basic policy; he asked if is  
there a question about costs or who is billing on a public records request; and he advised there  
is. He went on to say it is supposed to be the cheapest, most efficient way to get the record to  
the person; he does not know why a County Commissioner would get involved; he is sure they  
have a public records representative on their staff; every department has a public records  
representative; and if the Board reviews the documents that control how the County is  
supposed to do it, it is pretty thorough. He added there is a lot of players, and people may not  
understand what that play is; the County Attorney is a records management liaison; there is a  
public records manager for the records management center; there is a records coordinator,  
which is the County Attorney’s office; and most of it is County Attorney. He reiterated he does  
not know why the Board is getting involved; if he has a question for a County Commissioner, he  
guesses it goes to his or her staff; he had interaction with Commissioner Pritchett; he asked for  
a document that was returned to him as an electronic document; and he received two options,  
either a public records request or they could wait two days for them to scan it and send it. He  
noted he thinks the problem is not so much the costs cumulative, it is the flow of getting the  
records into the system.  
Commissioner Pritchett advised Mr. Heffelfinger requested it on a Friday afternoon, and she did  
not have access to it; and if it would have been a Monday, she would have just scanned it and  
sent it right to him, so that is why there was a little bit of a pause there.  
Sandra Sullivan stated to be perfectly honest, what this is about is increasing the costs of  
records requests and making them more difficult to get; good government is funded on the  
tenants of accountability and transparency; if the Board wants to be helpful, to put the public  
records requests on a website where anybody could look them up, search them, and download  
them; AO-47 was not on the last meeting; and she provided a copy of a records request she  
made at a meeting that was not loaded up to Legistar, and it was $135. She stated the one she  
probably had the most heartburn with of the changes is unpaid invoices, if a requester has  
previously received an invoice and had not paid the costs associated with that request, the  
County will not provide records for subsequent records requests until such time as the past due  
amounts have been paid; she has a copy of a records request that she made; there is a  
statement in it that this is an estimate only; it says, “Brevard County is in receipt of your public  
records requests and the request has been forwarded to the appropriate departments and/or  
personnel to research;” a key part; and it continues, “A cost estimate will be provided to you  
prior to your filling the request.” She pointed out she did requests, and it went to Natural  
Resources; they were requests that she does not think wanted to be provided to her; she got  
the rate of the highest paid person in there even though there are people per policy that could  
have provided that record; she has an email sent from Commissioner Lober’s office that he  
paid for two of her public records requests; and she still has not gotten them. She added she  
would caution this intent to make records prohibited and to slow roll them, because this intent  
inevitably will end up in the courts; there are very strong sunshine laws here for transparency;  
and there has already been one instance that she has stated on public record and intent to  
postpone, delay, obstruct providing public records requests until after the Save Our Indian  
River Lagoon vote.  
Kristin Lortie stated she is strongly opposed to this punitive policy, which she also thinks is  
petty that people are now having to pay for invoicing; Commissioner Tobia mentioned several  
times, because she watched the April 6, 2022, meeting, about how a requester had not paid for  
their request; she thinks it likely falls under this category of not having paid for the invoice that  
ended up being too expensive for the requester, which is not the intent of this policy; the policy  
is providing access to public records is a statutory duty imposed by the Legislature upon all  
record custodians, and should not be considered a profit-making or revenue generating  
operation; excessive, unwarranted special service charges deter individuals seeking public  
records from gaining access to the records which they are entitled; and the Board is indicating  
this is going to penalize a couple and that 99 percent of the people are not going to be effected.  
She went on by stating if she requests it from a Commissioner it will be $30 instead of $50; that  
gives her no comfort whatsoever; she did not know she would have to pay $30 an hour to get  
information from a Commissioner even if he or she decides not to charge that; and she has her  
own souvenir from March, which she has sent to all of the Commissioners, of $159 to get one  
Request for Proposal (RFP) submission. She noted she does get 15 minutes free, because  
according to the policy, 16 minutes is considered extensive time; she cannot object to this  
strongly enough; it has been inspired through the requesters who are requesting too much  
information; she asked why the motives of people who want public information being  
questioned; and she stated if they want the public information they are entitled to get it. She  
stated the fact that law enforcement has the same punitive policy, gives her no comfort, it  
makes her wonder what is going on with law enforcement in Florida; in her research, she  
looked up Housing and Urban Development (HUD) because she has questions on housing; the  
HUD policy is much more reasonable, and says that all other requesters are charged for search  
time with the first two hours provided at no charge and duplication with the first 100 pages  
provided at no charge in all cases the total fee does not exceed $25; and that sounds like a  
reasonable policy. She added when taxpayers are looking for information, they want good  
policy; she objects to the current policy; the proposed policy is so petty that it says, staff shall  
not be required to answer any questions regarding public records policy; and she reiterated her  
objection to this policy.  
Ron Jurgutis stated no, no, no; a policy based on law enforcement that applies to a different  
jurisdictional situation, no; he attended the previous meeting; what he found interesting, and he  
should have done something about it, because this is based punitively against two individuals,  
their names were brought up by a Commissioner; and nothing else was mentioned, and that is  
wrong. He went on to say that shows this is biased, petty, and wrong; he asked why citizens  
want documentation; he stated they have heartburn; to get charged on top of it; he guesses it is  
an opportunity cost; and this is wrong. He stated the policy should be adjusted accordingly to  
ensure citizens have access; no citizen makes a request out of just wanting a request of tons of  
documents; there is something there; they smell or sense something; and he reiterated this is  
wrong and it is petty against two individuals.  
Commissioner Pritchett stated she does not think the Commissioners should be paying  
people’s public records requests out of staff funds; and she asked if the Board Members were  
doing that. She stated she did not think the Commissioners were doing that; she just found out  
staff was told not to help people with public records as far as defining their public records; they  
would put in a large public records; in the past they were able to ask people if he or she want to  
tweak a request down a little bit to get it more targeted to what they want; and they were told  
they are not allowed to do it. She went on by saying therefore there were huge public records  
costs coming through for them, so the County is back to what was originally being done; staff is  
going to help the public to find what they are looking for to get that down as well; Ms. Lortie  
could have done it very creatively, she could have gotten one page at a time, because the 15  
minutes would have been free; before electronics, these were really expensive; and staff would  
have to dig them out of folders, run them off, so the electronics have helped greatly. She noted  
the goal is to get the public records out to the public as quickly as possible; maybe eventually  
everything will be online and a person can click and look at anything he or she wants;  
Commissioner Tobia brought up something earlier regarding opportunity costs; if staff is having  
to do excessive public records, is fine, but someone has to cover the costs; and although some  
people might not mind if it is all including taxpayers, other people mind greatly. She stated the  
Commissioners are put in his or her position to watch over everybody’s interest; the best to get  
information to the public as they need it; but anytime someone does something excessively,  
there is always a little bit of a cost that has to follow with these things. She pointed out if  
someone puts in a public records request and the estimate comes out, all a person has to do is  
rescind it; if a person moves forward with it, staff starts working on it, and they are putting in the  
time, it has to be paid before submitting another public records request; she does not know why  
that is a conversation, it is just appropriate; and when a person orders a sandwich at a  
restaurant, a person says they will not pay for it, the restaurant will not make them another one.  
She stated when staff receives 40 separate public records divided up and it could actually be  
only one request, a person may need a little help tweaking that down. She advised the reason  
for law enforcement, it is because it is State Law; she did her ethics courses last night and this  
was a heavy topic; this is the State Law and what is done for public records; she thinks it is a  
good thing; and it is really going to lower the cost of public records requests.  
Chair Zonka asked Frank Abbate, County Manager, if there are Commissioners who pay for  
people’s public records, or has that happened in the past.  
Mr. Abbate replied yes; and he stated there was a request by a Commission Office to pay for  
he thinks three public records requests from their office budget; but that has not been  
processed by staff.  
Chair Zonka advised she does not think that is appropriate. She went on to say this policy is  
going to save people money; a former Commissioner was charging his rate of $55 an hour;  
now a Commissioner cannot do that; if it is a simple email, it will only take a minute to get;  
between the two individuals that Mr. Heffelfinger has an issue with their names being  
mentioned had probably 65 requests; and one of the individuals requested multiple personnel  
files of County staff. She added she is not sure to what purpose, but she does not know if the  
individual is fishing; but she has to wonder their intent, because it almost seems like bullying to  
her; there is a request of a Commission staffer, a browsing history request, and even a  
Commissioner who at his regular job got his personnel file requested. She noted this policy is  
actually going to save 99 percent of people money, but she questions the motives of people  
that are asking for 65 public records requests; she does not want staff to try to interpret  
people’s public records requests or try to narrow it down, because she does not want staff to be  
accused of trying to withhold information; it is easy to make accusations, and staff cannot  
defend themselves; and that is just not fair.  
Commissioner Pritchett stated they just got an email from a Commission Office, the  
Commissioner resigned; he received a request for his personnel file, which includes his birth  
certificate and driver’s license; that is not okay; it might be legal, but she does not know if it is  
ethical; and she is going to work to make some changes that people’s private personnel files do  
not get put out there. She went on by saying a birth certificate is protected by State Law; and it  
is just bullying.  
The Board discussed AO-47, and directed the County Manager to begin making changes to  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
J.1. Emergency Medical Services Review Committee and the Emergency Medical  
Services Advisory Council  
Commissioner Tobia stated he is going to go over two advisory boards; the first one is the  
Emergency Medical Services Advisory Council; they review hospital protocol and procedures  
and makes suggestions and feedback based on its findings; it is not State mandated; the  
function of the board can be handled by County staff; and this board meets virtually twice a  
year so they can satisfy the direction of the board, however, the last time they met to do any  
essential work was in 2019. He continued by saying prior to this, there is no record of the board  
meeting for any substantive reason within the past seven years, which is as long as the board  
record retention goes back; the second one is Emergency Medical Services Review  
Committee; it reviews Certificate of Public Necessity and Convenience or (COPNC) certificates;  
it is not State mandated; and the function of this board can be handled by County staff. He  
added this COPNC approval must come to the Board of County Commissioners for approval  
regardless of the existence of this advisory board; this board has not met for over 15 years; the  
last time it met was 2005; he originally sought to combine these boards with the Emergency  
Medical Service Council, but while their names are similar, their functions would potentially  
create some conflict; and after advice from staff, he would like to dissolve the Emergency  
Medical Services Review Committee, which has not meet since 2005, and to take the tasks  
performed by the Board. He noted Matthew Wallace, Public Safety Group, is present to answer  
any questions.  
The Board discussed and granted legislative intent and permission to advertise for a public  
hearing to amend Brevard County Code relating to Emergency Medical Services Review  
Committee and to dissolve the Committee.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
Ron Jurgutis stated perhaps some of these issues can be resolved in a different manner;  
perhaps in the budget can create a first in this County, maybe anywhere, to create a position  
called Citizens Council, an advocate for the citizens that when there are certain requests or  
issues coming up they can speak to them to see how that can be handled; this is not a council  
that presents the Commissioners, staff, and so forth, but a citizens council; and it would be for  
legal advice to citizens related to Brevard County matters.  
Kristin Lortie stated she wants to cover a couple of things under public comment; one is the  
Consent Agenda; the Consent Agenda for today’s meeting had 14 items on it; that is a lot of  
County business that is under the Consent Agenda; and she had no idea the Consent Agenda  
ever existed. She noted anyone watching is served to be aware of the Consent Agenda, and to  
familiarize themselves with it due to the backup that is available; the Consent Agenda items are  
not even read aloud; at the Titusville meetings, they read the Consent Agenda aloud; at least  
people know a little about it; and she finds it very commendable practice. She expressed her  
appreciation for Frank Abbate, County Manager; she appreciates in the Florida TODAY article,  
he simply said they did not get some of the things right in the County’s paperwork, and it is  
being cleaned up; that was one of the highlights of the article; she thinks the citizen watch dogs  
should be able to do what they do without their motives being questioned; and seagrass and  
the Lagoon is one of the hottest topics in this County. She stated if there are two  
troublemaker’s that cost $1,000 a month that is $1,000 of taxpayer money that is well-spent;  
she is glad the article did get written by the newspaper; she is curious why they are only doing  
two or three requests a month; she did protest her invoice; and these invoices are often falling  
under the extensive time due to redaction. She added when she actually received the  
information because she protested, there was no information redacted; she wants people to  
watch out for these redaction time costs allowing these hefty invoices to be charged to citizens;  
she personally validated that is not the case; and there are hefty fees going on even with the  
new disputed policy. She stated she appreciates the public being able to speak here; it was  
nice to meet Commissioner Pritchett; this is her first time at the meetings; and she reiterated  
how glad she is that the public can speak up.  
L.4. John Tobia, Commissioner District 3  
Commissioner Tobia stated Billy Prasad is no longer with his office, he is with the County; his  
lovely bride-to-be, Bethany Iliff, has stepped up to that role; he is proud to say she is the new  
Chief of Staff, even though Billy’s suggestion was that she be commander-in-chief, which is  
probably closer to the way she really does run that office; they have a new person, Brian Bond,  
who is in the audience; and he appreciates his time with the County and the Sheriff’s Office.  
L.5. Curt Smith, Commissioner District 4, Vice Chair  
Commissioner Smith stated he has a travel request; if the Board agrees, he will be traveling  
and representing the Board on the Economic Development Commission trip to Washington,  
D.C. on May 17 through 18, 2022, which also include a meeting in the Pentagon; and the  
estimated expense would be somewhere between $1,500 and $1,600.  
Commissioner Pritchett stated she thinks when the Board made an adjustment last time, it is  
under his office budget for those types of things; but she is glad to know he is going.  
L.3. Rita Pritchett, Commissioner District 1  
Commissioner Pritchett stated everyone in her office resigned at the same time; she is not  
mean, she promises; one of them moved up north to work with his dad to take over his  
multi-million dollar business; Carol Mascellino has been there a long time and was ready to just  
move on; she brought two of the new staff with her, Suzette Maners and Cecilia Quist; and she  
expressed her appreciate for everyone’s patience while they are all being trained again.  
L.5. Curt Smith, Commissioner District 4, Vice Chair  
Commissioner Smith stated as the County’s representative to Central Florida Expressway  
(CFX), he would like to bring the Board up-to-date; they had their monthly meeting Thursday;  
CFX’s year-to-date gross revenue is $399 million; it is a very efficient operation; and the net of  
that is $204 million for future projects. He continued currently there is 60 miles of widening  
projects underway, and 27 miles of milling and resurfacing; it is continuing to see a decrease in  
cash and toll by plate; five years ago, the cash and toll by plate was 17 percent of total  
revenue; currently it is just shy of four percent; and toll by plate is fairly stable even when the  
rates of toll by plate versus transponders has doubled. He noted it is interesting that people  
who would rather pay by plate than use a credit card, they just feel it is an invasion of privacy,  
they just continue to pay the extra $1.50 or $2.00 that toll by plate incurs; it is the only toll  
agency in the State that offers volume discounts; if a person goes through the tolls 20 times, he  
or she get a rate decrease, and if it is 30 times, another decrease in tolls; and it is a nice  
gesture on CFX’s part. He stated he would like to write a letter to Governor Ron DeSantis;  
there is a vacancy on the Board of County Commissioners; there have been a lot of rumors of  
whether that vacancy is going to be filled or not; he thinks the Board’s input would be important  
for the Governor’s office to hear; he reiterated he would like the Board to send a letter; and the  
County is in a unique position that going forward with only four Commissioners in a Charter  
County like Brevard County is, it incurs issues that other counties do not have. He advised  
there is a burden in Brevard County until the Governor appoints someone; for example, two/two  
ties hampers the Board ability to move forward on those items that require a super majority of  
four votes; with only four Commissioners, the super majority now becomes not a super  
majority, but a unanimous majority; these problems will persist for the business of the County  
for the next seven months unless Governor DeSantis makes an appointment available to fill the  
empty position; and in short, unless the Governor fills this position, the Board’s ability to  
conduct the business of the County will be hamstrung and unnecessarily difficult.  
Chair Zonka stated she has no problem with that; and she asked Commissioner Smith if he  
would compose the letter for her signature.  
Commissioner Smith stated he is not sure if he ever mentioned this story, but in the fall of 2020  
he was stopped at this red light, and this red light is at Wickham Road heading west right at  
Murrell Road; to the right is Murrell Road, and it winds through Suntree in Viera; to the left is  
the Zoo, there is a nice, big Zoo sign, and overtop of it is the sign that says Murrell Road; and  
he thought it was weird and they should have their own name for a road like Zoo Trail Road. He  
went on to say it inspired him to reach out to Keith Winston who is the Director of Brevard Zoo;  
he suggested the name of the road be changed; he reached out to Eden Bentley, who was the  
County Attorney at the time to find out how difficult that would be; and Ms. Bentley said it would  
be no problem at all. He stated he talked to Mr. Winston and said to maybe encourage the  
elementary schools in the County area involved and have some kind of a contest in naming the  
road; that was done; they had over 4,000 kids, and this is what they come up with; the road will  
now become Wildlife Way instead of Murrell Road; and so there is Wildlife Way on the street  
sign, a big Brevard sign, and the kids of Pinewood Elementary should be thanked for coming  
up with that answer.  
L.6. Kristine Zonka, Commissioner District 5, Chair  
Chair Zonka stated she has one item to speak to the Board about; she wants to ask Governor  
Ron DeSantis not to veto the Brevard Zoo’s budget request; she thinks it is $950,000; it is  
actually for the aquarium project; and if the Board is not happy with it, she is happy to sign it as  
an individual.  
Commissioner Tobia advised while he is not in support of this from Chair Zonka’s perspective,  
this brings an added light to it; if Chair Zonka thinks the Governor will support it, great; he does  
not think it is the greatest idea; he does not know the Governor personally and has not had any  
conversation with him about it; and he does not know on this one.  
Chair Zonka stated maybe she will speak with Brevard Zoo Director, Keith Winston, about it  
first; and she asked if the Board is opposed to her writing the letter after she speaks with Mr.  
Commissioner Smith replied no, he has some ideas, so he will make a telephone call.  
Executive Session at Noon or at the end of the regular meeting of the Board of County  
Commissioners, which ever comes first, the Brevard County Board of County  
Commissioners will meet for the purpose of discussing settlement negotiations and/or  
strategy related to litigation in the case of Rachel M. Sadoff, in her official capacity as  
Brevard County Clerk of the Circuit Court and Comptroller v. Board of County  
Commissioners of Brevard County, Florida, a political subdivision of the State of  
Florida, Case Number 05-2019-CA-058736-XXXX-XX.  
Chair Zonka read as follows: As authorized by Section 286-011, Section 8, Florida Statutes,  
the Brevard County Board of County Commissioners will now commence an attorney client  
session to discuss litigation and strategy in settlement negotiations in the case of Rachel M.  
Sadoff, in her official capacity as Brevard County Clerk of the Circuit Court and Comptroller v.  
Board of County Commissioners of Brevard County, Florida, a political subdivision of the State  
of Florida, Case Number 05-2019-CA-058736-XXXX-XX. The persons attending the  
attorney/client session are Rita Pritchett, Commissioner District 1, John Tobia, Commissioner  
District 3, Curt Smith, Commissioner District 4, Kristine Zonka, Commissioner District 5, Frank  
Abbate, County Manager, Abigail Jorandby, County Attorney, and the Court Reporter. The  
attorney client session will be held in the County Manager’s conference room, Third Floor of  
Building C, of the Brevard County Operations Center, 2725 Judge Fran Jamieson Way, Viera,  
Florida 32940. The estimated length of the attorney client session is one hour or less. I will  
now entertain a motion to temporarily adjourn to reconvene in the County Manager’s  
conference room.  
Upon motion and vote, the Board adjourned at 10:47 a.m.