Brevard County Board of County Commissioners  
2725 Judge Fran Jamieson Way  
Viera, FL 32940  
Minutes  
Tuesday, July 19, 2022  
9:00 AM  
Regular  
Commission Chambers  
A.  
CALL TO ORDER 9:02 AM  
Rollcall  
Commissioner District 1 Rita Pritchett, Commissioner District 3  
John Tobia, Commissioner District 4 Curt Smith, and  
Commissioner District 5 Kristine Zonka  
Present:  
C.  
D.  
PLEDGE OF ALLEGIANCE: Commissioner Rita Pritchett, District 1  
Commissioner Pritchett led the assembly in the Pledge of Allegiance.  
MINUTES FOR APPROVAL: May 3, 2022 Regular; July 5, 2022 Special  
The Board approved the May 3, 2022 Regular meeting minutes and the July 5, 2022 Special  
meeting minutes.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
E.1. Resolution acknowledging Amateur Radio Operators during the 2022 Atlantic  
Hurricane Season - District 4  
Commissioner Smith read aloud, and the Board adopted Resolution No. 22-062, recognizing  
Amateur Radio Operators during the 2022 Atlantic Hurricane Season.  
Andrea Young expressed her appreciation for the Resolution.  
Result: ADOPTED  
Mover: Curt Smith  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
E.2. Resolution acknowledging Pretrial, Probation and Parole Supervision Week -  
District 4  
Commissioner Smith read aloud, and the Board adopted Resolution No. 22-063,  
acknowledging and recognizing Pretrial, Probation, and Parole Supervision Week.  
A representative expressed her appreciation of the Resolution; she made a shout out to all her  
community partners, and introduced the Department of Corrections employees; she added  
there is also County probation, pretrial, their re-entry partners, and federal probation; and she  
noted they are all one big team in Brevard County.  
Result: ADOPTED  
Mover: Curt Smith  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
E.3. Resolution Proclaiming the Month of August 2022 as National Breastfeeding  
Month - District 1  
Commissioner Pritchett read aloud, and the Board adopted Resolution No. 22-064, proclaiming  
the month of August 2022 as National Breastfeeding Month.  
Jamie Lewis stated she is the nutrition program director for WIC program in Brevard County.  
She went on to say how invaluable breastfeeding is at this time with the national formula  
shortage and how much they appreciate the Board’s support.  
Result: ADOPTED  
Mover: Rita Pritchett  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
F.  
CONSENT AGENDA (The entire Consent Agenda will be passed in one motion to  
include everything under Section F.)  
Commissioner Tobia asked to pull Item F.5., approval of funding recommendations for Fiscal  
Year 2022-2023 sports event grant; and Chair Zonka advised there is a card for Item F.1.,  
resolution and State cost-share request.  
F.2. Approval, Re: Temporary Drainage Easement from A. Duda and Sons, Inc. and  
The Viera Company for the Stadium Parkway Segment E Infrastructure  
Improvements- District 4.  
The Board approved and accepted the Temporary Drainage Easement from A. Duda and  
Sons, Inc. and The Viera Company for the Stadium Parkway Segment E Infrastructure  
Improvements.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
F.3. Approval Re: Second Amendment to Interlocal Agreement Regarding St. Johns  
Heritage Parkway Intersection and Babcock Street - Districts 3 and 5  
The Board executed and approved the Second Amendment to Interlocal Agreement Regarding  
St. Johns Heritage Parkway Intersection and Babcock Street providing for the third extension to  
October 27, 2022, for the City of Palm Bay to complete the right-of-way acquisition for the  
Phase 3; and authorized the County Manager to grant subsequent time extensions if requested  
by the City.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
F.4. Approval RE: Ratification of Emergency Purchase Order for Repair to Minton  
Road Bridge over the Tillman Canal - District 5  
The Board approved the Emergency Purchase Order authorized by the County Manager for the  
repair to the Minton Road Bridge over Tillman Canal via after-the-fact ratification; and  
authorized any necessary Budget Change Requests associated with this action.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
F.6. Approval, Re: Authorizing Resolution, Grant Application and Execution of  
Follow-up Grant Agreement for SFY 2023 Florida Commission for the  
Transportation Disadvantaged Trip & Equipment Grant  
The Board approved the following actions for the Trip and Equipment Grant from the Florida  
Commission for the Transportation Disadvantaged in the amount of $1,568,076:  
authorized the Chair to sign the Adopted Authorizing Resolution No. 22-065;  
authorized the Chair to sign the Grant Application;  
authorized the Chair to execute the Grant Agreement, contingent upon County Attorney,  
Central Services, and Risk Management approval;  
authorized you to execute any additional follow-up documentation, resolutions, and  
amendments necessary to secure these funds; and  
authorized the County Manager to execute necessary Budget Change Requests.  
Result: ADOPTED  
Mover: Curt Smith  
Seconder: John Tobia  
F.7. Acknowledging receipt of FY 2020-2021 Audited Annual Financial Statements,  
ended September 30, 2021, from the Melbourne-Tillman Water Control District.  
The Board accepted the FY 2020-2021 Audited Annual Financial Statements, ended  
September 30, 2021, from the Melbourne-Tillman Water Control District.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
F.8. FY 2023 Proposed Budgets for Community Development Districts  
The Board acknowledged receipt of the FY 2023 Proposed Budgets for the following  
Community Development Districts: Baytree Community Development District, Heritage Isle at  
Viera Community Development District, Montecito Community Development District, Tranquility  
Community Development District, and Viera East Community Development District.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
F.9. Certification of Local Option Gas Tax (LOGT) Percentages Allocations  
The Board certified the revenue percentage allocation and authorized the Clerk’s Finance  
Department to submit the allocations to the Florida Department of Revenue (DOR) to establish  
the allocations for the upcoming year.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
F.10. Approval Re: Budget Change Requests  
The Board reviewed and approved the Budget Change Requests as submitted.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
F.14. Precinct Boundaries - Altered and Added (Chapter 101.001(1) F.S.)  
The Board approved the revised precinct boundaries due to annexations by the City of  
Melbourne.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
F.15. Bill Folder  
The Board acknowledged receipt of the Bill Folder.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
F.1. Brevard County Shore Protection Beach Projects: Resolution and State  
Cost-Share Request  
Amanda Elmore, Natural Resources Management Assistant Director, stated this Item is a  
Resolution that is required as part of the Grant Application for up to $2.3 million of State  
cost-share for the restoration projects; there is a five year funding request table; and this is just  
for Fiscal year 2023/2024 for construction in the south beaches and continues monitoring in the  
mid, north, and south reach.  
Sandra Sullivan stated people love Brevard County beaches and the sand renourishment  
aspect is so important, but there is an area that she would request a modification for the mid  
reach area; that area has historically for 7.6 miles, been restricted from beach nourishment only  
dune renourishment because of the sensitivity of the near shore reef; in the abstract she has  
from the Florida Department of Emergency Management (FDOEM) report, it states a very  
cautious approach to the nourishment project, which may impinge on the area is suggested;  
the mid-reach is a 7.6 mile stretch through Satellite Beach was not restored historically  
because of environmental concerns; that portion of the coast has a hard rocky bottom,  
designated by State and Federal Fish and Wildlife Agencies as an essential fish habitat; and  
when it comes to these living reefs, not rocks, they are significant to the Indian River Lagoon,  
and protect sea turtles, fish, there is a hatchery for Pompano, one of the significant recreational  
and commercial fish of the nation, along with snook, tarpon, black drum, and red fish. She  
noted what concerns her, when she goes back on records, a report from the Natural Resources  
Director states she would address rock, reef, and pediments through evaluating options and  
selecting a preferred alternative to the Satellite Beach area; rock, reef, and pediments are  
protected by Federal and State laws, in other words, finding a loophole to circumvent those  
laws, which is exactly what was done; an artificial reef was placed approximately 12 miles  
south; she showed pictures of what the natural reef looks like, and what the artificial reef looks  
like; and she advised it was not even placed in the same zone, this was not placed in the near  
shore, it was placed in the intermediate. She continued on by saying the documents say that if  
this fails to perform, then no more sand renourishment will be done in this area; this is the third  
year monitoring there; she showed the Board pictures explaining one photo does not look like  
the other with macro-algae; she commented Brevard County is the largest sea turtle nesting  
area in the world because of these reefs as a food source and shelter; when one looks at the  
report that the Board is approving, the mid reach is getting much higher amounts of sand; and  
she showed another photo explaining this is what it looked like the last time in 2020. She  
shared that she has been attending these meetings for four years and has vehemently said this  
should not be done; and the Bureau of Ocean Energy (BOEM) by the Corp of engineers says it  
impacts sea turtles for three years.  
Virginia Barker, Natural Resources Management Director, stated the Federal project to build  
and maintain the dunes along that shore line with very narrow beach is in order to minimize the  
impact to those rock reefs that are essential fish habitat; the project design went through full  
National Environmental Policy Act (NEPA) coordination with all the Federal agencies; part of  
this funding request is continued monitoring of the performance of those reefs; everything is in  
compliance with the permit conditions; they have built five acres of reef in order to mitigate for  
up to three acres, or 3.1 acres of potential habitat; and the reason why they mitigated at a  
higher than a one-to-one ratio is because when one creates a man-made mitigation system it is  
never expected to perform at 100 percent the same as the natural system that was impacted.  
She explained the way the agencies deal with that for any kind of development that has  
environmental impacts is by mitigating at a greater than one-to-one ratio; and she noted they  
have done that and the system continues to perform in compliance with the permits.  
The Board adopted Resolution No. 22-066, supporting the Brevard County Shore Protection  
Project; approved State grant cost-share funding, matched by local option tourist tax that is  
dedicated to the Beach Improvement Fund for shore protection projects; authorized the County  
Manager, with County Attorney, Risk Management, and Purchasing Services approval, to  
advertise and award projects, execute contracts, amendments and task or change orders, as  
required and in excess of $100,000, to secure State grant funds and accomplish work under  
State grants; and authorized necessary Budget Change Requests.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: Curt Smith  
F.5. Approval, Re: Funding recommendations for FY 2022-2023 Sport Events Grant  
Peter Cranis, Tourism Development Office Executive Director, stated this is nine sports grants  
for the cycle one of next year in the amount of $94,252.  
Commissioner Tobia stated he thinks Mr. Cranis will get repetitive on this one, but he wants to  
give him the opportunity to do that; and he asked Mr. Cranis in regards to the Cocoa Beach  
half-marathon, if it was approved by the Tourist Development Commission (TDC).  
Mr. Cranis responded affirmatively.  
Commissioner Tobia asked Mr. Cranis if this is a one-year grant.  
Mr. Cranis responded affirmatively.  
Commissioner Tobia asked if this grant is paid prior or if it is reimbursable.  
Mr. Cranis responded all these grants are reimbursable.  
Commissioner Tobia advised Mr. Cranis is trying to cut him off at the pass; he commented he  
is going to do a couple more so they can pick up a pattern; and he inquired if the Space Coast  
soccer tournament was approved by the TDC.  
Mr. Cranis again responded affirmatively.  
Commissioner Tobia, inquired if this is a one year or a 30 year grant.  
Mr. Cranis advised it is a one-year grant.  
Commissioner Tobia continued by asking if this grant is prior to, or reimbursable.  
Mr. Cranis replied it is reimbursable.  
Commissioner Tobia asked if the ACS Gateway to Space Race was approved by the TDC.  
Mr. Cranis responded once again in the affirmative.  
Commissioner Tobia inquired if it is a one-year grant.  
Mr. Cranis replied, yes.  
Commissioner Tobia inquired if the grant is paid prior to or if it is reimbursable.  
Mr. Cranis stated it is reimbursable.  
Commissioner Tobia stated he appreciates Mr. Cranis answering all of his questions; he  
informed the Board he still has to vote no; however, he does appreciate the fact that these are  
only one-year grants that are reimbursable, and that they all received a unanimous approval;  
and he asked Mr. Cranis if that is fair to say for all of the nine events.  
Mr. Cranis responded affirmatively.  
The Board of County Commissioners, in regular session on July 19, 2022, approved funding  
the following FY 2022-2023 Sports Grant applications:  
1. Cocoa Beach Half Marathon (10/15/2022–10/16/2022) $13,076.25;  
2. Space Coast Cup Soccer Tournament (11/11/2022-11/13/2022) $12,675.00;  
3. Softball Magazine Senior Softball Camp (11/16/2022-11/19/2022) $3,725.00;  
4. Florida Marathon Weekend (2/11/2023-2/12/2023) $14,895.00;  
5. Moon Golf Invitational (2/19/2023-2/21/2023) $5,841.00;  
6. Space Coast Showdown Soccer Tournament (3/2/2023-3/6/2023) $15,750.00;  
7. Beach ‘n Boards Festival (3/8/2023-3/12/2023) $17,160.00;  
8. ACS Gateway to Space Race (3/11/2023) $5,310.00;  
9. Softball Magazine Spring Training (3/15/2023-3/18/2023) $5,820.00;  
Further, based on the facts specified, approved the Board make the following legislative finding  
by approving each grant listed above: Tourist Development Tax funds are authorized for each  
grant pursuant to Section 125.0104(5)(a)3., Florida Statutes, and Section 102-119(3)a, (5)a,  
and (6)a of the Brevard County Code of Ordinances, because each grant supports an activity  
or event which has as one of its main purposes the attraction of tourists as evidenced by the  
promotion of the activity, service, venue, or event to tourists from outside Brevard County;  
approved authority for Tourism Development Director to negotiate and sign all necessary  
agreements and related documents upon County Attorney, Risk Management, and Central  
Services approval; and authorized the County Manager to execute necessary Budget Change  
Requests.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: Rita Pritchett  
G.  
PUBLIC COMMENTS  
Commissioner Smith stated since there are so many cards, he would like to make a motion that  
the Board change the time limit to two minutes.  
Commissioner Tobia inquired how many cards there are and for which item.  
Chair Zonka advised there are four Public Comment cards, seven for Item H, two for Item J.3.,  
two for Item J.6, and 29 for Item I.1.  
Commissioner Tobia stated that’s about $1 million per card; and he thinks they should get the  
full time if that is a million dollars per card, but that is just his opinion.  
The Board approved changing the time limit for speaking to two minutes.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: Rita Pritchett  
Ayes: Pritchett, Smith, and Zonka  
Nay: Tobia  
PUBLIC COMMENTS  
Clint Wilson stated he is with RDI Aquatics; he has been trying to get money from Save Our  
Indian River Lagoon (SOIRL) to start a program aerating the canals because the canal is  
man-made and it is going to take a man-made solution to correct it; he has fought tooth and  
nail to hear a bunch of gibberish that he does not care for; this is just to notice the Board that  
he has made a video that he will be getting out to the citizens of Brevard County because the  
black tape that the County has getting into this mess, the hoops everybody has to jump through  
to get money from SOIRL, and that is one-half of a billion dollars with most of it going to  
infrastructure, and he does not agree with it; some infrastructure is fine, but not one-half of a  
billion dollars; and he noted his video is just his opinion. He noted there are 600,000 people  
who live in this County and he intends to make sure that everybody sees it; when the Board  
sees the video or an email from RDI, he does not want anyone to say they were blindsided; he  
wants everybody to see the video because next week it will be coming out on his website, QR  
codes and everything else; he is trying to get something done on the river, and they say the  
money is spent, no matter who he talks to; they say it’s all being spent on the river; however, it  
is being spent on a waste-treatment plants, sewer connections, retention ponds, media that  
throw in the retention ponds, and it is just not proper. He continued by saying everyday regular  
people that he has talked to are deceived as they thought the money was going to the river; he  
talked to SOIRL and they said it is going to the river by means of a sewer drain or waste  
treatment plant; he reiterated he does not agree with it; he wants everyone to know there is a  
video coming out; he will be sending an email to the Board to look at it; and he does not want  
the Board to say it was blindsided.  
Marcus Herman stated he is a 50-plus year resident of Merritt Island, a business owner, and  
currently the Chairman of the Merritt Island Redevelopment Agency (MIRA); about a week ago  
he had sent the Board Members all an email expressing his concerns and thoughts about a  
lack of representation for District 2; he is in attendance because he thought he should make his  
comments public and let the Board see the face upon the request; in his email he stated that he  
believed the Board should consider placing on hold all policies and ordinances specific to  
District 2 unless of course, those issues were related to safety or health of its constituents. He  
added he would like to clarify his position a little bit; if this Board is going to vote a no change  
on an item in District 2, he sees no reason to hold that up, it is not going to make a difference in  
how things have currently been operating in District 2; if the vote is going to be a yes vote and it  
can have an adverse effect on District 2, he would respectfully request that the Board table said  
vote until District 2 has a proper representation; and he feels this should be done on any given  
subject that may come before the Board for the next few months until there is a District 2  
Commissioner in place. He noted he wants to make it clear that this not an effort to hold up any  
one project or Agenda Item, it is more to create a fair and balanced representation for the  
constituents of District 2, and he appreciates the Board’s consideration.  
Sandra Sullivan stated she would like to talk about health and safety; of course the County has  
fire and police and that is great, but it has come to her attention that there is, for the Grand  
Canal project, under the Save Our Indian River Lagoon (SOIRL), a third subcontractor that has  
been let go; she has been told that there is no subcontractor currently doing interstellar  
treatment on that site; that is contrary to the statements that were made by the Natural  
Resources Management Director at the SOIRL meeting; and she was told that by the  
contractor that is being solicited to perform said services. She went on to say the issue with this  
site is that there is known contamination there; there are Polycyclic Aromatic Hydrocarbons  
(PAH) there which are petrol, arsenic, which is a class A carcinogen, copper which is a biocide,  
and the most concerning of all is Polyfluoroalkyl Substances (PFAS); she asked where these  
chemicals are being taken to; the County is taking the muck and it is not doing sufficient  
testing because she looked it up on Oculus for the State; the County only did 17 tests last year;  
she has contacted, but has not received a response acceptable from the County or the State  
on this issue, and now she hears there is no testing going on since March; that is when she  
came before the Board and asked it to put forth the conflict of interest letter from 19 entities,  
when there was no audit, when there was all of these other concerns, when she was being told  
she could not have public records until after a vote was taken, which was a violation of  
Sunshine; and while all of those things were going on, that was when the contractor was fired  
from the site. She inquired how the County is amending that material going out to know how  
much sand it should be amended with; and she advised it is putting lives at risk with the PFAS  
chemicals because this is just south of the drinking water source.  
Janice Scott stated as a former elected official and Mayor of Cocoa Beach, she wanted to bring  
to the attention of all the elected officials in Brevard County, after the campaigns and public  
events and one gets elected, it is very flattering to hear from people you never heard from  
before, people get to go to monthly Florida League of Cities wine and dine, and it is quite an  
ego trip; it begs the question, who do these elected officials serve, the voters who elected  
them, or the corporations; and with all the rubber chicken dinners, all those white rolls, it is very  
flattering, but she thinks it is imperative that elected officials take a personal inventory every  
day, every week, every month and ask themselves who they serve, and if it is the voters who  
elected them.  
H.1. Permission to Participate in and Accept the U.S. Dept. of Justice 2022 Edward  
Byrne Memorial Justice Assistance Grant - Brevard County Sheriff’s Office  
Chair Zonka called for public hearing on request from the Brevard County Sheriff's Office to  
participate and accept a grant from the United States Department of Justice for the Edward  
Byrne Memorial Justice Assistance Grant.  
Jill Hayes, Budget Office Director, stated this is a request from the Sheriff’s Office to participate  
and accept a grant from the United States Department of Justice for the Edward Byrne  
Memorial Justice Assistance Grant, with no match required.  
There being no further comments, the Board granted permission for the Brevard County  
Sheriff’s Office to participate in and accept the 2022 Edward Byrne Memorial Justice  
Assistance Grant application; designated the Brevard County Sheriff’s Office as the point of  
contact; authorized the Sheriff, or his designee, to sign the applications for Federal Assistance  
SF-424 form; authorized the Chair to execute the necessary contractual agreements,  
modifications, and amendments; authorized the County Manager to execute the necessary  
Budget Change Requests; and provided the Sheriff’s Department with written approval.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.2. Adoption of Proposed FY 2022-2023 Ad Valorem Millages  
Chair Zonka called for public hearing on a request to set the Fiscal Year 2022/2023 proposed  
millage rates.  
Jill Hayes, Budget Office Director, stated staff is requesting that the Board set the Fiscal Year  
2022/2023 proposed millage rates and the Agenda attachment provides the Board with details  
on the 25 individual taxing districts that Brevard County is the taxing authority over; and all of  
the millage rates have been established in accordance with the Brevard County Charter cap  
limitations so, as property valuations increase, in order to comply with the charter limitations,  
the millage rates have all decreased. She continued by explaining for example, the general  
fund millage rate has decreased by 8.53 percent; the aggregate proposed millage rate is also  
equal to the rollback rate and has decreased by 8.58 percent; therefore, with this proposal the  
Board would not be advertising a tax increase for the final budget hearing, it would just be  
advertised as a notice of budget hearing.  
There being no further comments or objections, the Board approved the FY 2022-2023 Ad  
Valorem Millages for the purpose of notification to taxpayers by the Brevard County Property  
Appraiser; and recommended the County Manager to complete the Florida Department of  
Revenue’s Certifications of Taxable Value, form DR-420.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
H.3. Health First, Inc.; and Health First Shared Services, Inc. (Kim Rezanka) requests a  
change of zoning classification from BU-1 and BU-2 to PUD, with waivers.  
(22PUD00001) (District 2)  
This item was previously tabled at the July 12, 2022 Board Meeting.  
Chair Zonka called for public hearing on a request to change the zoning classification from  
BU-1 and BU-2 to Planned Unit Development (PUD) with waivers; she advised that  
Commissioner Tobia is requesting Item J.6., modification of the Merritt Island Redevelopment  
Agency (MIRA) be combined with this Item since they are both related; and she mentioned  
unless the Board is in disagreement with that she is going to go ahead and combine those two  
Items. She advised she has to abstain from this Item because Health First is her employer and  
she will sign the correct form and have it filed; she will not be commenting on the issue; and  
she will be managing the meeting, addressing the Commissioners as they choose to speak,  
and handle the cards, however, she will not be offering her opinion.  
Tad Calkins, Planning and Development Director, stated this is Health First Inc. and Health  
First Shared Services Inc. to change the zoning classification from BU1 and BU2 to PUD, with  
waivers; this is application 22PUD0001; it is located in District 2; as part of the PUD Zoning  
application, the Board is allowed to consider conditions; in this particular case, staff has  
included 10 conditions for the Board’s consideration which would allow the applicant to move  
forward and ease through some of the site plan approval, just identifying things that staff would  
be looking for as they move into that second phase of development; and if the Board has any  
questions on this Item he would be happy to answer them.  
Kim Rezanka stated she is representing Health First and Health First Shared Services  
regarding this transformational project; this is a PUD application; she is asking for the PUD  
zoning with the approval of the PDP; the Board has on the screen the draft concept which is  
the Planned Development Project (PDP); obviously full engineering has not yet been done and  
that is part of the list of the 10 conditions that Mr. Calkins referred to, to help move forward with  
the next process of the site plan; they have actually submitted mass-grading; and they are  
moving forward with the project under a hold-harmless Agreement because this has been  
delayed. She went on to thank staff, Planning, Engineering, Utilities, and Public Works, as they  
have met with them numerous times to move this project forward; she stated it is an amazing  
project; it has taken three years in development to get to where they are today; she has with  
her a variety of individuals who are involved with this process, Matt Gerrell who is CEO of retail  
services, Jonathan Flyte, Vice-President of Health First Facilities, Ken Good with Atkins Civil  
Engineering, and the project Manager, John Wilt who is the engineer of record, and Dan Perez,  
who is also an engineer with Atkins; and she noted everyone has put in a card.  
Matt Gerrell stated he will guarantee to keep his comments under two minutes; for over 85  
years Health First has been supporting Brevard County; its physicians, nurses, and associates  
are all dedicated to improving the health and well-being of this community; this project is the  
next evolution and transformation of Health First where they are going to continue to provide  
healing-well services such as hospitals, ambulatory surgery center, medical office buildings,  
and add in living-well services such as retail, healthy food options, and childcare; there will not  
be a fast food restaurant, or donut shop, there will be no bar or alcohol on this village; however,  
there will be an educational center which will allow people to come in and receive free  
education on how they can make sure to keep themselves healthy. He continued by saying as  
part of the commitment to this process, they have engaged in the community by offering up  
multiple town halls; they were able to hear back from the community members; they offered up  
surveys and opportunities; he met with Harbor Del Rio Condominium Association  
representatives to hear their concerns; they had a few concerns regarding traffic and noise;  
they are working through that and he has provided his personal cell number and email, as well  
as committing to a monthly update and meeting with them once a quarter; and he noted they  
are there for the community and want to make the community better by improving and  
transforming healing-well and living-well services.  
Jonathan Flyte stated he is in attendance to help the Board see a little bit of Health First’s  
future plans; he showed a presentation on the screen and explained this is a bird’s eye view of  
the project; the northern one-third of the wellness village consists of the Cape Canaveral  
Hospital replacement; they have developed the concepts so all of their patient rooms have a  
view of the wellness village park, of the Indian River Lagoon to the northeast, or to the Rookery  
Conservation Area to the west; the remaining two-thirds of the Village is composed of the  
medical office building, a child daycare, a concierge, wellness retail, juice and coffee bars,  
healthy food hall, a spa, an education center, and a fitness center; and this concept allows  
them to make a dramatic change in the character of the entire area by providing significant new  
green space and important health and wellness services. He went on to say the hospital itself is  
planned to have 300,000 square feet, 120 private beds, they will be designed to withstand a  
category 4 hurricane, and it will be elevated 13 feet to address the possibility of storm surge; in  
conjunction with the hospital is a $90,000 square foot medical office building; the first floors of  
the hospital and the medical office building open onto a park-like setting of the village which is  
on top of a two story garage; the next slide gives a view from directly above the site; it allows  
him to talk about the access onto the site; on the north it is bounded by East Merritt Avenue  
and working from left to right there is an entrance for the service and deliveries, the second  
entrance in the meddle is a connection to East Merritt Island Causeway for the ambulance  
entrance, and the third entrance is the access for emergency department patients who are  
driven in by car; on Boardman Avenue, which is the east side of the property, working from  
north to south, they have a same day surgery discharge, an entrance into the garage, and a  
public transportation drop-off and pick-up opportunity, and then a second entrance into the  
garage; however, the main entrance is off Highway 520. He stated for those people who enter  
the campus they would either proceed directly from 520 into the garage or they will take the  
West Perimeter Drive to the hospital entrance itself; this picture is a cross-section of the village  
from the perspective of standing on Boardman Drive and looking to the west; the ground level  
of the hospital and the central utility plant is shown at 13 feet elevation and is displayed on the  
right; on the left side of the cross section there is a two-story parking garage and other features  
that are arranged to marry-up to the hospital; the cross section view gives people a feeling of  
the three dimensional character of the project; and to assure efficient vertical movement within  
this project, there is a total of 19 elevators, so they are positioned to allow people to have good  
access to all services. He went on to say this slide is the ground level perspective of the  
hospital’s main entrance; one can note how the circular drive serves the main entrance, the  
glass connector on the right side will provide a protective walkway between the hospital and the  
medical office building; this rendering gives the perspective of standing in the wellness village  
park itself and looking at the south elevation of the hospital; the progressively stepped-back  
massing of the hospital prevents it from overpowering the community and the village; these  
slides provide a perspective of several other buildings within the wellness village itself; on the  
upper left, is the education center and on the upper right there is the healthy food hall; and on  
the lower left there is the retail building and on the lower right is the coffee bar.  
Ken Good stated his team has worked closely with staff to develop the waiver request which  
this process is revolving around; they got quite numerous and he is doing his best to keep them  
as refined as possible; these waivers principally focus on two components of the project,  
building height and building setbacks; they are not asking for an increase in density from the  
existing zoning; what these waivers will allow them to do is to cluster the development on this  
project to facilitate what was trying to be accomplished and allow them to create these park-like  
settings; without these waivers they end up with large big box expanses of parking, but by  
clustering everything together, pushing it to the edges, pushing it up, they can create these  
park areas that they would not normally have; and that’s really what the requests and waivers  
are revolving around. He commented he knows another question is going to come up on this is  
stormwater, how to develop all this, the site, the parking garage, and everything; they do have  
some plans in place and there will be some underground storage; currently on site there is little  
or no stormwater treatment; a lot of the runoff is just going straight off so when they finish this  
project all the runoff coming from this site will be treated, which it is not now, so it will improve  
the water quality overall; and that is all for the engineering side.  
Ms. Rezanka noted they are all there for questions; this was heard at a community meeting on  
April 25, at the site of the old Pro-Health; there was almost 50 people that showed up and  
talked to the members of Health First; there was a Merritt Island Redevelopment Agency  
(MIRA) hearing on April 28, and it was unanimously recommended for approval, and Planning  
and Zoning on May 9 also unanimously recommended it for approval; they will be seeking the  
Board’s approval to change the BU-1 and BU-2 to a PUD with a preliminary PDP.  
Marcus Herman stated he just wanted to reiterate that MIRA did look at this project and  
unanimously voted for it; the variances that they were asking for seemed minor compared to  
the project they were bringing to Merritt Island and the difference it was going to make in the  
District 2 area; he sees no reason to not carry forward with this; MIRA vetted it well, they talked  
about bussing, parking, drainage, noise, and traffic and they were able to come together and  
convince MIRA that they are on top of these issues; MIRA thinks it is a very exciting plan and  
he does not think anyone does not think it is a game changer for Brevard County because it is  
a lot different than what people have seen in other hospitals; they are changing the structure;  
and to take that small piece of property and do what they are doing on it, is simply amazing, in  
his opinion.  
Commissioner Tobia stated he was listening to Mr. Herman’s public comment and he is not  
putting this together; and he asked if this is in District 2.  
Mr. Herman responded affirmatively.  
Commissioner Tobia asked if Mr. Herman’s argument five minutes ago was that there was no  
District 2 representative so to put on hold any Items since District 2 does not have that  
advocate; and he asked if that is a correct statement.  
Mr. Herman replied what he said was if it has not been vetted by someone in District 2, and  
MIRA is indeed right now the District 2, and they do a lot of work for that area; and this project  
happens to be in District 2 in the MIRA area; and he believes it has been fully-vetted.  
Commissioner Tobia reminded Mr. Herman his argument previously was there is not a  
Commissioner and for the Board to wait on items until there was a Commissioner.  
Mr. Herman explained if it was going to be a no vote and it was going to possibly have an  
adverse effect on that area, it should wait; and if it is not going to be an adverse effect then he  
sees no reason not to carry on.  
Commissioner Tobia stated he is trying to understand the difference between an elected official  
and an appointed body just in case it comes up at the next issue.  
Mary Jane Nail stated she is sad to see Health First go; she spoke with Larry Garrison when he  
was alive and suggested that they move the hospital and she is so glad to see that they have to  
a facility that is going to be very beneficial to the public; Brevard County is devoid of wellness,  
education, promotion, and living so she is very delighted to see that they are going in that  
direction; one thing that she has noted, recently she went to Miami, Florida, and she observed  
a Pritikin program and the Pritikin program, she found out after being in Miami and observing it,  
that it is Medicare-approved for cardiac patients; she then looked into that and found out that  
the nearest for people living in Brevard would be Orlando or Altamonte where they have the  
Pritikin program for heart patients; and the success ratio of people improving from their heart  
conditions is phenomenal. She added people have to qualify for this program. She continued  
on to say she thinks it is wonderful that they are putting this in and she is hoping they will look  
into the Pritikin program with the Pritikin people; she believes they are located in Missouri; and  
if they could add something like that closer for Brevard County residents, because people can  
literally turn their life around and live many years longer than they would normally live by going  
on the Pritikin program.  
Chair Zonka inquired if Ms. Rezanka had anything she would like to follow up with.  
Ms. Rezanka advised Mr. Flyte stated they are looking into that Pritikin program. She noted she  
can answer any questions; other than that, she is just seeking the Board’s approval of the PUD  
zoning with the PDP.  
Commissioner Tobia asked how much overall this project is going to cost.  
Ms. Rezanka replied she knows they have been approved to issue $508 million in bonds for  
this project; and that is all she is authorized to say at this time because they are still evaluating.  
Commissioner Tobia clarified that is a little over half of a billion dollars potentially.  
Ms. Rezanka responded affirmatively.  
Commissioner Tobia asked roughly how many jobs are estimated to be created.  
Ms. Rezanka replied according to Mr. Flyte and Mr. Gerrell, 1,000 jobs.  
Commissioner Tobia asked if it is fair to say, the adding more beds would have a benefit to  
Brevard County and its residents.  
Ms. Rezanka announced she is going to let someone from Health First speak on these issues;  
she advised that she would agree but she is not authorized to speak on these issues.  
Commissioner Tobia commented all he needs is a yes; and the last question is this project will  
bring in $500 million, create 1,000 jobs, the County will have a direct benefit, and he asked how  
much they are asking for if the Board is giving money.  
Ms. Rezanka replied, they are not asking for anything, no public funds.  
Commissioner Tobia stated he is confused; they are bringing in $500 million, creating 1,000  
jobs, and it is directly benefiting people in Brevard County, and he inquired again, they are not  
asking for any tax dollars.  
Ms. Rezanka responded that is correct.  
Commissioner Tobia noted he is still going to vote for it, but he asked if the no bars can be  
switched; he thanked the applicants for doing this without direct support; they have proved that  
it can be done; and he asked if they are a profit or a non-profit.  
Ms. Rezanka advised it will be non-profit, but part of it will be profit oriented; and some will  
generate taxes.  
Commissioner Tobia stated but overwhelmingly Health First is a non-profit, so they are doing  
this through that model as well.  
Ms. Rezanka responded affirmatively.  
There being no further comments or objections, the Board conducted the public hearing and  
approved the request of changing the zoning classification from BU-1 (General Retail  
Commercial) and BU-2 (Retail Warehousing, and Wholesale Commercial) to PUD, with  
Waivers for Health First, Inc., and Health First Shared Services, Inc.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, and Smith  
Abstain: Zonka  
J.6. Direct staff to begin the process of modifying the Merritt Island Redevelopment  
Agency boundaries.  
Meeting went into Recess  
Meeting Reconvened  
Commissioner Tobia stated this is about redrawing some Merritt Island Redevelopment Agency  
(MIRA) boundaries; this is not about getting rid of MIRA, but about what the Board can do  
today to stop MIRA from getting more money; clearly MIRA does not need more tax dollars if  
they are spending money on signs with plans for multiple other signs in the near future; he  
displayed a photo of a sign; and he asked if Mr. Lallo was available to answer questions. He  
continued on by saying he will go over his questions, as he thinks he knows most of the  
answers; he noted this sign is over $21,000, $20,788 to be exact; in fact, there are two more  
currently in the plan, $60,000 in signs; the reason this is concerning to him is first, Merritt Island  
is not a city it is a nebulous area; Florida Statute 163.370 allows for Community  
Redevelopment Agency's (CRAs) to include housing for families or persons with low income;  
this Board has been confronted over and over and over again about a housing crisis and MIRA  
decided to spend $20,000 on a sign, when this money could be directly used for those  
individuals with low income; and it gets worse, they have plans for self-compacting big-belly  
trash cans and bike repair stations at transit shelters. He went on to say he thinks these are  
cool items but he does not think these are things that hit the level of affordable housing; more  
than $1,000 has been spent for conference travel; there is $2.1 million earmarked for mall  
overlay district, which he thinks that is not more important than affordable housing; he does not  
know where there is extra money in the County budget other than areas like this; and when he  
had those affordable housing folks, they were always asking for new money, there is money in  
the budget here that can go help and Florida Statute allows that, but instead MIRA decided to  
put up these signs. He continued on by saying what he is putting forth is that the Board draw  
out the new project that it just gave the exception for permitting, out of MIRA so that new delta  
in tax dollars will go into the general fund so it can be spent on things, and he would not mind  
earmarking it for affordable housing; this is direct dollars; he does not care and he cannot do  
this individually as a Board, but what he does not want is that it end up on more $20,000 signs;  
it is very difficult when folks come to his office and say they need affordable housing and he  
has to say that Merritt Island has pretty signs; and he noted he had asked the County Attorney  
and he has a motion to direct staff to begin the process of modifying the MIRA boundaries in  
accordance to Chapter 163 part three, Florida Statues, including but not limited to Section  
163.361 to remove Health First Hospital complex located on Merritt Island from MIRA and to  
amend MIRA's redevelopment plan accordingly. He stated he asked the County Attorney if  
Chair Zonka could vote on this and he was informed she could not; initially he was a little  
disappointed on that, then he thought why can she not vote for it; the reason she cannot vote  
for it is because this would benefit her employer; there is a level of government that the State of  
Florida is saying is getting in the way of private enterprise, and today this Board has the ability  
to take this new tax revenue and stop it from going to areas like this; in their plan they talk  
about the Merritt Island Mall competing with the Viera Mall and he thinks it is absolutely  
atrocious; and arguments will be made that MIRA may not like this, and he will say right now,  
MIRA does not like this because it gives them less dollars so they cannot put up more signs like  
this. He mentioned there is talk about the Health Village being tax exempt; there is 828,000  
square feet; hospital space is only about 320,000 of that or about 38 percent; 25.12 according  
to them, is retail space, thus taxable, as is parking; this is hundreds of thousands of dollars or  
in terms MIRA can understand, five or six signs a year; he knows this is a little ridiculous but  
affordable housing is a crisis going on in Brevard County, as rent has gone up, and here is a  
way that the Board can focus funds to that without raising taxes; all it takes this Board to do is  
draw a line around there and to say that resource, instead of going to MIRA, that hinders  
private enterprise, the Board can help private enterprise and help people at the same time, or  
get more signs; and he is more than willing to answer any questions.  
Marcus Harmen stated first off he is certainly opposed to redistricting MIRA for a few different  
reasons; this Board may or may not know, but that parcel of land where Health First is looking  
to build a new hospital and wellness center used to be a Kmart shopping center; that shopping  
center created the tax base used in the MIRA District; since the building has been taken down  
many years ago, that tax base was considerably devalued; he sees no reason why MIRA  
should not recapture that tax base that it had once before so it could continue the good work  
that it does; he believes, as Commissioner Tobia alluded to, the hospital itself is a non-profit  
organization, so he thinks that is accurate; however, the wellness center on the other hand is a  
for-profit business and in that wellness center they have coffee shops, daycare, spa, health fair,  
gym, and all of those individual components through the MIRA area if someone had brought  
their business to MIRA, that would be subject to that tax base; and he sees no reason why this  
would not be the same. He continued by saying he does not believe there has ever been nor  
does he think there should be any lines redrawn in the District because a business of this size  
decides to move into the District; he reiterated he sees no reason to consider redrawing the  
lines on this parcel; the bottom line in his mind, is that this Commission charged MIRA with  
redevelopment and improve infrastructure and to remove blight among other functions; MIRA  
has done so and the result are projects like this coming before the Board today; and he thinks  
the work that MIRA is doing is the hallmark of redevelopment and this is one of the many  
projects showing that the Board’s plan is working.  
Commissioner Tobia stated he will allude back to Florida Statute 163.370 that explains what  
CRA money can be used upon, and it very clearly states that it is allowed to be used to provide  
housing for families or persons of low income; the money that was used for the sign he  
mentioned earlier, could be used to develop housing for low-income families; and he has one  
quick question, he asked if that $20,788 sign or low income housing, which is more important to  
Mr. Herman. He mentioned there are more signs coming but he is just asking about this one;  
and he stated it is one or the other.  
Mr. Herman stated he does not think it is one or the other, redevelopment is not one or the  
other.  
Commissioner Tobia inquired again which is more important; and he asked if Mr. Herman voted  
for the sign.  
Mr. Herman responded yes they did.  
Commissioner Tobia advised that is all he needed.  
Mr. Herman advised this Board approved the MIRA plan.  
Chair Zonka thanked Mr. Herman.  
Mr. Herman advised that is not fair; he commented Commissioner Tobia is making accusations  
that are not fair and unjust.  
Chair Zonka advised if she had a nickel for every time someone disagreed with the Board she  
would be a rich Commissioner.  
Jack Ratterman inquired when was the last sign that was put on Merritt Island; Merritt Island is  
not a city but SpaceX and Blue Origin are up there, and those people are coming to Merritt  
Island to spend their dollar, he hopes; when Elon Musk comes down, he is going to see some  
rinky-dink sign and think the people are a bunch of yeehaws; it would be nice if he came and  
wanted to spend his money there and maybe invest more money that would lead to more taxes  
that the County could get; and he inquired when the last sing was placed on Merritt Island.  
Chair Zonka stated asked Mr. Ratterman to direct his comments to her.  
Mr. Ratterman stated he can tell the Board when it was; it was when Commissioner Pritchard  
was there, he put it up, then it was Nelson, and it stayed through Nelson, it stayed through four  
Commissioners, up to Commissioner Lober, almost 20 years; so after 20 years Merritt Island  
got another sign, plus that $20,000 that is 1,000 per year advertising for Merritt island; he  
reiterated Merritt Island is not a city; and he asked who is on MIRA’s behalf; and he asked what  
the other Districts do for low-income housing. He noted he does not think MIRA can buy  
property and turn it into low income housing; he does not think the Charter lets them do that; all  
the stuff about low income housing versus that sign is kind of a bad argument.  
Commissioner Tobia stated his secretary was there when that last sign was put up; it was kind  
of interesting when he looked it up, as it was placed there by volunteers; it was fund-raising,  
they did not waste tax dollars the same way MIRA wastes tax dollars; he does not know what  
Mr. Ratterman had for breakfast but Elon Musk does not drive around in a Tesla looking at  
signs like this; cars drive themselves now and the ones that do not, have GPS, as people do  
not rely on signs; this may make Mr. Ratterman feel good about himself, but people should stop  
thinking about this privilege that some people have and start thinking about the people who  
have trouble making ends meet so they can afford housing that is going up 15 or 20 percent;  
and that sign does not help them one iota. He mentioned he appreciates this, but he made a  
promise at the beginning that he would not vote for tax increases and there are resources here,  
and Mr. Ratterman may not agree with State Statute, but he has it, anyone can look through it,  
he received it from the County Attorney’s Office, and it is very clear; and he read, “providing  
housing for families and persons with low income”, Section 163.370; in his call, Mr. Ratterman  
and MIRA just made a bad decision by putting up a sign and planned for two more when it  
could be using that for low income housing; and there is probably more that needs to be done  
for low-income housing, not only in this area, but across the County, but it does not give  
anyone a license to waste more than $20,000 on a sign because Elon Musk is going to like it.  
Mr. Ratterman commented he would like to know what Commissioner Tobia’s District does for  
low-income housing and if he does anything personally for low income housing for people, for  
the homeless; he does, the guy that works with him is homeless, lives out tin the woods in front  
of the hood with his dad for the last four years; and after he works with him trimming trees all  
day, he goes out in the woods, no shower, and no air conditioning, and sleeps.  
Chair Zonka explained this is getting a little off subject.  
Commissioner Tobia responded by asking Mr. Ratterman if he is bragging about paying  
someone such a low living wage that they cannot afford to stay elsewhere.  
Commissioner Pritchett stated Commissioner Tobia made a comment earlier, and she does not  
think MIRA does not care about homeless people, but Commissioner Tobia made a statement  
that caught her attention, that to remove this out of MIRA, that it is a benefit for Health First;  
and she asked if being in MIRA made it more of an issue for Health First trying to bring this  
development.  
Commissioner Tobia stated the Board heard from Ms. Rezanka that she, first of all, had to go  
through MIRA, so that is an initial step that they would not otherwise have to go through; this is  
not himself, but this is Chair Zonka, going through the County Attorney’s Office, advising that  
she has to recuse herself, and that is because there would be some benefit for this going away;  
therefore, he is inferring, because she cannot vote, and because she works for Health First and  
they would benefit, and the opposite of a benefit is a debit, hence it is not good for Health First;  
and he has not spoken with Health First directly, but the fact that Chair Zonka cannot vote for it  
is pretty clear that this is hindering Health First’s ability to move forward.  
Commissioner Pritchett noted that kind of caught her attention which makes it worthy of maybe  
an investigation moving forward; the struggle she has is having an elected body making  
decisions, she thinks that is important; that is what she is going to need to research and see if  
there is something different going on with MIRA, because that is not a normal CRA and it is not  
under an elected body like a city would be; she advised Commissioner Tobia that she is going  
to support this today to do some more research on it; it is not that she thinks the guys in MIRA  
are not good guys, she does not believe for a moment that they are willing to make anybody  
homeless; and sometimes people try to prove some points to make a few points, but she thinks  
it was a good point that the Board might be placing undue burdens on businesses right now  
that may not be necessary for their good. She continued by saying her recommendation is she  
thinks Merritt Island should work on incorporating soon and having an elected body that  
represents it.  
Commissioner Smith stated he thinks what Commissioner Tobia has mentioned has merit; he  
would also like to look into it further; he does not know that he is ready to vote for anything but  
he definitely thinks that Commissioner Tobia has some very good points; he also thinks that it  
is a very good idea; he always felt like the District 2 Commissioner was the mayor of MIRA  
because they do not have representation; however, he does think it is something worthwhile to  
think about and that maybe MIRA should go forward and become their own legislative body.  
Commissioner Tobia asked if he could restate the motion; he stated for the benefit of  
Commissioner Smith and because he, himself missed part of it, he advised this is only to begin  
the process so staff would have to bring this back to the Board; this would give the Board more  
time to investigate and MIRA more time to justify that sign and other things, therefore, this is  
not taking MIRA out of it, it is just beginning the process; it is his understanding that there  
would have to be another formal vote; and he reiterated the motion would stand but it is just to  
direct staff to begin the process, and if not, he will pause until the Board hears it again. He  
added he does not want to put staff through the arduous task of doing this and there being no  
opportunity for this to go through.  
The Board directed staff to begin the process of modifying the MIRA boundaries in accordance  
with Chapter 163, Part III, Florida Statutes, including but not limited to Section 163.361, to  
remove the Health First Hospital complex located on Merritt Island from MIRA boundaries and  
to amend the MIRA Redevelopment Plan accordingly.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, and Smith  
Abstain: Zonka  
Chair Zonka mentioned she cannot comment on this specific issue, but she will say that she  
has been known, in the past, to express her thoughts on Merritt Island incorporating, mainly for  
their own benefit; however that is a separate issue that she is sure will be addressed in the  
future if the District 2 Commissioner coming in decides, or if the Board decides beforehand;  
she wants the people in the room to understand that it is not the Board’s fault that there is not a  
District 2 Commissioner; if the Board could unilaterally make decisions based on each  
Commissioner’s own District, then there would be no need for five people to be on the Board;  
and it is by no fault of this Board that there is not a District 2 Commissioner.  
Recess  
The Board recessed at 10:18 A.M. and reconvened at 10:29 A.M.  
DAD 1300 N. Atlantic Cocoa, LP Tourist Development Grant  
Meeting went into Recess  
I.1.  
Meeting Reconvened  
Glenn Wasserman, Chief Financial Officer of Driftwood Capital, stated he is joined by Carlos  
Rodiguez, Sr., Driftwood Capital’s chairman and Chief Executive, David Buttermier, Carlos’s  
partner and Chief Executive Officer of Driftwood Hospitality Management, the property  
management company, as well as other members of Driftwood Capital and Driftwood  
Hospitality Management; he will be providing a brief overview of the property which they are  
incredibly excited to develop; the outline of the grant application and the mechanics of how the  
grant calculations work, in addition to the economic benefits, the resort and convention center  
will aim to deliver to Brevard County, it’s residents, and other members of the business  
community; and before he begins he would like to thank the County Commissioners for  
considering the proposed grant, the County Attorney’s Office, who has worked diligently with  
them documenting the proposed grant, and the Tourism Development Council, for its  
willingness to assist in the process. He went on to say the new Westin Cocoa Beach Resort  
and Convention Center will replace the current International Palms Resort and create an iconic  
state-of-the–art resort and meeting facility designed by Gensler, a world-renowned architect;  
the mixed-use hospitality development embraces the space coast revival as a center of  
technology, innovation, and leisure; and the project is located on a 15.7 acre site boasting 500  
linear feet of beachfront featuring the area’s only upper upscale hotel with 502 guest rooms and  
suites along with a wide variety of food and beverage venues including bars, a full service spa,  
multiple pools, and expansive resort amenities. He continued by saying the resort will also offer  
over 120,000 square feet of flexible indoor and outdoor meeting space making it the largest  
convention center and event venue in the County; the project is shovel ready, featuring all  
necessary entitlements, height variance approvals, and zoning requirements; the development  
is an exciting opportunity to add business, corporate, and convention destination to the current  
mix of attractions of the Space Coast; there has been little to no focus in capturing this market  
and past marketing efforts as the County does not have a facility to support these types of  
visitors; and he reiterated one of the main purposes for the convention center venue is to  
attract tourists, specifically a class of tourists that is under-represented in Brevard County  
tourism. He added they are trying to position the Space Coast as a destination for conventions,  
exhibits, trade shows, associations, and corporate meetings; the promotion and advertising  
dollars that Driftwood is asking for support on will specifically target this business; and with the  
renaissance of the space industry and the growth of tourism and business in the area, there is  
currently no facility in the market that is modern enough and large enough to meet the  
expectations, or standards, of what today’s high-end business traveler and conference guest  
expects in 2022 and beyond. He stated he is going to go through very quickly a number of  
renderings just so people who may not have seen them before, can see the quality of the  
development and the product that Driftwood is anticipating to build; he will provide a quick  
overview of the grant; the grant request is for up to $1,000,000 per year for 30 years, to be  
used solely for the promotion and advertising of the Space Coast and the Westin Resort and  
Convention Center; the source of the grant is 50 percent of the tourism development taxes that  
the new hotel and conference center generates; the payment of the grant will be made  
quarterly in arrears and only made after Driftwood submits documentation of the spend of the  
promotion and advertising dollars to the County Manager’s Office; to be clear, this grant is  
specific to Driftwood; if the resort is sold to a third party at some time in the future, this grant  
will cease to exist and not be eligible to be transferred to a new owner; Driftwood will be funding  
the cost of the development privately, however, the County’s support is a signal to its financial  
partners and lenders that the County is behind and committed to the project’s success; and to  
be clear Driftwood does not have the funding in place for the project. He mentioned they have  
spoken with many of their existing banking relationships who have indicated that the total cost  
of the project is significant; since the presentation in May, the capital markets have become  
even more challenging with fewer and fewer institutions having the ability to finance a project of  
this size; without the economic support of the County it will be challenging to obtain the  
financing to build the development with its current scope; on the screen he is presenting a  
calculation of what he believes is going to be the contribution of the Westin Cocoa Beach  
Resort and Spa Tourism Development Tax (TDT) dollars; they have spent a considerable  
amount of time becoming educated on how the TDT works and are utilized to support beach  
improvements, Capital Facilities, the tourist information center, cultural events, the Brevard  
Zoo, and other activities. He went on to say what he would like to emphasize to the residents of  
Brevard County is that in no way is the grant that they are seeking, going to impact any uses of  
the TDT, with the exception of the promotion and advertising fund; he noted there seems to be  
some amount of misunderstanding or misinformation on this, 25 percent of every tourism dollar  
generated by the Westin is going to go towards beach improvements, 40 percent is going to  
capital facilities, there is not a penny that is going to come out of that, with the exception of the  
administrative fees that are allocated to those TDT dollars, and down the list, two percent to  
tourism information center, cultural events, and Brevard Zoo; the balance of what they generate  
does go to the promotion and advertising fund which will potentially be the source for this grant;  
and for this allocation they are assuming that the $350,000 fund for 2022/2023 and beyond for  
the United States Specialty Sports Association (USSSA) contractual obligation, is funded by the  
TDT currently generated by the existing hotels in the County. He continued by saying Driftwood  
is projecting to generate just under $2.3 million of TDT in the first year of the Westin’s  
operations; after covering its share of the County’s cost associated with the collection of the  
taxes and the share of the tourism development office’s administrative costs, there will be just  
over $2 million of TDT available to be distributed to the funds; in the first year of operations,  
based on the formula that is outlined in the grant application, the Westin will only be eligible to  
receive a reimbursement of just over $888,000; hopefully it will exceed these projections and it  
will generate more than $2.3 million of TDT; but as the current forecast stands, if they generate  
the $2 million, and all the other funds get their pro rata share without any impact from this  
potential grant; this grant and development is a win for everyone, the residents of Brevard  
County who will benefit from the property and sales taxes that this property generates, the  
businesses of Brevard who benefit from indirect spending of guests, and access to a world  
class facility, and even other hoteliers that will capitalize on spillover business. He noted they  
have commissioned an economic impact study to calculate the benefit to the County; the  
results are summarized on the slide; upon stabilization of the resort and convention center’s  
operations by year five, Johnson Consulting, the author of this study, is estimating the Westin  
Resort and Convention Center will generate over $159 million of economic benefit to the  
County on an annual basis; from a fiscal impact, this project will generate $13 million of tax  
revenue, specifically the County and property taxes of $1.1 million and $2.1 million will go  
towards helping offset some of the tax burden on the residents of Brevard County; and in his  
personal opinion, this is the justification for considering a grant of this size and for this length.  
He stated Driftwood is a long-standing member of the Brevard Community; they own three  
hotels in the County today, the aforementioned International Palms Resort, the Hilton Cocoa  
beach, and the Crowne Plaza Melbourne; they anticipate breaking ground in the next couple  
months on their fourth hotel, the Melbourne Element; they have been working with County  
officials on this project for several years now, and are committed to ensuring its success and  
this grant is a vital piece in doing so; and he thanked the Board again for allowing him to  
present the Westin Cocoa Beach Resort and Convention Center Development and the details  
behind the grant application that is being submitted for the Board’s consideration.  
Rob Varley stated he spent 24 years running the Tourism Office and loved every minute of it;  
he admires what the Board Members do because it is not an easy job; the Board has a project  
sitting in front of it that makes his mouth water; it is a great project, the design, and all and he is  
pretty smart bringing in those high-powered guys; he thinks the County should be as supportive  
as it can of this project; if that means helping fast-track some permits through or whatever it  
needs to do to make it work and make it more smooth; and he thinks the County ought to back  
them when it comes to marketing, but he does not think the County should give them direct  
money. He continued by saying the reason he thinks this way is because there are 110 hotels  
in this area, and they are not all high-end properties like these guys, and they are right, this is  
going to be one of the high-end properties, but they will not be for long because what is  
happening to this County is amazing; there is going to be a lot of development and the County  
does not have enough money to place $1 million onto each product; what the County ought to  
be doing is talking to a professional staff that the Board hired, and they have the capability of  
doing it and creating cooperative marketing programs including this new company; and get this  
going to sell the entire community together.  
Jack Smink stated he is disappointed that the Board is even considering this because once that  
horse is out of the barn, it is going to open up opportunity for other hoteliers and developers to  
ask for their own programs; the Board is going to hear a vacuum like it would not believe; his  
biggest question is why a company of this magnitude cannot find the funding to do this project  
without approaching the County for this kind of funding; he has yet to get a complete answer to  
that question; people are telling him that the people funding the program will not come along  
unless the County gives $30 million; and that is just ludicrous. He commented he thinks what  
they are doing is great; he is not against the footprint of the project, he is just against the fact  
that they are coming to the County; not only that, in doing this, there is a gentleman who is  
getting ready to come and speak, and it has worked good since 1986, and this will destroy that,  
it will take it out at the knees, and it will no longer exist; and he noted that is his opinion.  
Jack Crockett stated he is speaking on behalf of the citizens because he works on behalf of the  
citizens; in 1986 he spent five months of his life working as a result of the opportunity to do  
something for Brevard County as the Chair of the committee that decided to get this tax finally  
passed; it had been turned over twice; what happened was that they found a solution;  
communication and information had not passed in the proper venue and as a result of the  
same, it was decided that they needed to explain that this was the tax that the people do not  
pay and that is what they did; they pressed hard and got it turned around; and they made one  
of the most successful Tourist Development Councils (TDC) in the State of Florida. He  
mentioned revenue-wise, telling the world what this County has, has been a marvelous  
experience; the reason he is in attendance is to tell the Board he walked the County with a sign  
that said this is the tax you do not pay; the result of saying he does not want to be shut down by  
the fact that this Board is going to consider giving away one red cent to any private enterprise;  
that was never the intent; and he would be very happy if the Board would decide against this.  
Bonnie King stated the Board has heard from its constituents, community leaders, the Hotel  
Motel Association, and from its own advisory board, the Tourist Development Council, all say  
this is not a good idea; allowing this proposal to go forward, the Board is opening a Pandora’s  
box; she worked 32 years at the Space Coast Office of Tourism as they promoted and  
marketed the assets of this beautiful County and what an asset this Westin will be; the  
conference center, a 50,000 to 60,000 square foot, under air, not a convention center and not a  
major competitor to the millions of square footage that is offered by markets in Orlando,  
Tampa, and Miami; in 1988 she, along with the first Tourism Director, Ralph McMullen, put  
together a sales action team which is still in operation today, where they work together with all  
the hoteliers and attractions to travel together, to market together, and to promote together for  
the best ways for the Space Coast name and destination to be heard; and the Westin will  
certainly be welcomed for their input and their participation. She advised the Board not to open  
a Pandora’s Box where the County will then see future developers and requests come forward,  
it will never end; a rising tide lifts all boats; this County’s tide is rising with the continued  
success of rocket launches, cruises out of the port, the new aquarium, clean beaches, USSSA,  
and many others; the people welcome Westin to be part of this, not with a dedicated grant  
handout, but as an added partner; and she advised the Board to not support this proposal.  
Cindy Albright stated she has been a resident of Cocoa Beach since 1963; the beach break  
behind the International Palms is her home; she has no interest here other than to tell the  
Board what a wonderful opportunity the County has; there are tremendous people in  
attendance to support this project; there are also tremendous people in attendance that have  
worked very hard in this community for a very long time; this is a for-profit business and they  
come to the table with a lot of leverage; she thinks about what the Duda family has done for the  
infrastructure of the community and what they have given the community back; they are making  
money and everybody wants to be in Brevard County; but this is a for-profit business, give them  
a reasonable amount of money but certainly not for 30 years. She mentioned she has never  
heard of a 30-year marketing plan in her life; as a local her special beach break, she welcomes  
these people and this property, but she thinks why give a Chanel bag away when one can pay  
full price.  
Sara Malmstrum stated she is the local chapter president of the Florida Restaurant and  
Lodging Association (FRLA) and a restaurant owner; she is going to read a prepared statement  
from the Florida Restaurant and Lodging Association; and she read, "FRLA opposes the project  
being proposed today because it fundamentally misconstrues and misapplies the Statutes on  
which the proposal is based, obligating tourist development tax revenue in a manner not  
intended under the law. It applies TDT revenues to the enrichment of one entity having a  
potentially negative impact to other projects and establishments who should rightfully expect to  
benefit from TDT revenues. It incorrectly asserts that an establishment owns the TDT revenues  
it may collect and has the right to use these funds to subsidize its development and operation.  
This sets a dangerous precedent for other establishments seeking similar ownership or control  
over their existing or future TDT collections. This proposal incorrectly grants an excessive  
amount of TDT revenues to benefit a single private project, and makes that grant for an  
unprecedented length of time. This is contrary to the stated intent of the law and it is to the  
detriment of other important and productive businesses in Brevard County. We certainly see  
value in the project being proposed, but do not believe that the value should come at the  
expense of every other tourism-based business or endeavor in Brevard County, an  
establishment one does not own TDT revenues, it collects."  
Dawn Kelley stated she has been a resident of Brevard County for 40 years, 18 of which have  
been in Cocoa Beach; Brevard County is growing leaps and bounds, it is not just a retirement  
community any longer; it is so wonderful to be a part of that; there are lots of young, thriving  
families coming to the area; although she works for Driftwood, she is in attendance as a  
Brevard County resident with a large group of supporters who want their voices heard, but for  
time purposes she is speaking for all of them; and the people she is speaking for are  
hard-working hoteliers, hospitality individuals, and residents and they are in attendance and  
they will benefit the most from this project. She mentioned for all of them to attend this meeting  
is a true effort, most of them have working schedules, children that they have to arrange child  
care for, and it takes a lot of effort to be there; it is the extreme vocals that are the ones  
rallying, that are a few long-term influential business owners and some residents with loud  
opinions, but she is there to speak for the silent majority and to let the Commissioners know  
they are in support of this grant, this request, and this project; the new hotel will generate many  
new jobs with opportunities to increase tangible income for many people with a significant  
improvement to their living standard; it will generate more tax dollars which will allow people to  
not have their taxes raised; and the project will still increase money for beach restoration, the  
Brevard Zoo, and all those other great causes that will not be hurt at all. She continued by  
saying they are not asking to take away anything that they will not generate; the private sector  
of the space industry such as SpaceX and Blue Origin need and want this project as well; they  
are currently utilizing upscale hotels in Orlando for their VIPs and corporate events; this hotel  
will dramatically change the caliber of clientele on the beach side giving local businesses more  
support; and the overall economic impact more than justifies approving the grant; and she  
asked the silent majority to please stand up.  
Commissioner Tobia inquired if Ms. Kelley said she works for Driftwood.  
Ms. Kelley responded affirmatively, and noted she is very proud to work for the company.  
Commissioner Tobia inquired if she is on the clock right now.  
Ms. Kelley replied absolutely not.  
Commissioner Tobia commented they must be good employers then.  
Ms. Kelley replied, they are.  
Michelle Martindale stated this past May she retired from 41 years in the hotel business; she  
started in 1981 in Titusville in a hotel; during that time there were no tourist tax dollars, and they  
worked really hard to bring it to fruition; since 1989 she has volunteered with the TDC with the  
marketing committee, beach committee, cultural alliance, and sports; during that time they have  
been successful in promoting the area as a whole and never provided private dollars for a  
private industry to promote themselves; they have always promoted the County as an area;  
they want visitors to come and if they are successful, everybody gets their fair share; and she  
feels providing $1 million per year for 30 years for a private entity is beyond the scope of what  
the County’s Tourist tax dollars are for.  
James Knudson stated he thinks words are always important and in this instance they have  
heard words like rebate, refund, grant, and the like; Ms. Malmstrum was accurate when she  
said hotels simply collect the tax; they have no entitlement to it, they have no right to it any  
more than when he bought a soda this morning, the clerk could not put any of that money in  
her pocket, she simply collected it and that is what hotels do; Westin is a wonderful group and  
they are going to build a beautiful place whether or not the County gives them the money; and  
the question is, is the Board going to throw out the baby with the bath water. He continued by  
saying everyone who has a hotel or any other venture is going to come looking for this money;  
one person asked him, why could this group benefit the County as a whole with their  
advertising using money that would otherwise be used by the entity the Board hired to promote  
every business in the County; that is what is important here; the statutes do not allow for this  
tax money to be used for a convention center; Florida Statute 125.104 (5), it mentions  
convention centers, if they are public; and if one looks at the word grant, a grant is always for a  
public purpose.  
Susan Burrows stated she lives almost one-half of a mile from where this facility would be built;  
what she is hearing today is that everyone agrees that Driftwood is a good organization, one  
that the County already has a relationship with; being that this affects her directly, she has  
been going to Cocoa Beach for 47 years, she has lived in Cocoa Beach for 10 years, and she  
has seen the ups and downs in the community and how the community was impacted after the  
shuttle program ended; Brevard County is coming back; now there is an opportunity to build a  
solid foundation for the future with the Port, the space program, and attracting businesses like  
the Westin; they want to invest in this community, but they need help; and they are putting up  
$145 million of their own money, but it is not enough for the project and they cannot get the  
financing without the County’s help, so it is a partnership and an investment in the community.  
She mentioned this will offer locals better employment opportunities, more activities, more  
dining and entertainment options, which she looks forward to, all while strengthening the  
revenue base; it will bring tourists to all businesses who will pay those bed taxes; and she  
welcomes this much needed improvement in the community and she thanks them for believing  
in Brevard County.  
Giles Malone stated he has served on the TDC from 2006 to 2010, and he is currently serving  
on the TDC working for the County as a volunteer and trying to give the Board the best advice  
or counsel with his 35 years of tourism experience that he has had; it is a very exciting time in  
Brevard County; this is harvest time, it is generating an incredible amount of tax, but he is  
opposed to giving these folks a 30-year gift marketing program; and he thinks that is definitely  
the wrong way to go. He went on to say there are 10,734 hotel rooms in Brevard County, over  
4,000 vacation rentals, all collecting the tax; all these people who will be speaking today from  
the hotel standpoint have been putting in the work for three decades generating this incredible  
time; these people are very successful developers and they will develop a beautiful hotel and  
make incredible profits, the County does not need to give them $30 million; and he would  
suggest like the TDC suggested, to give them a five-year marketing help, supervised by the  
County’s office of Tourism. He noted the County has a great staff and they are very capable of  
using this money to promote the hotel in a very good way; all of Florida, and a lot of TDC’s and  
County Commissions around the State are watching this Board today to see what it will do; this  
is a very important time for the TDC’s growth and development; and he thinks this Board needs  
to send the right signal all across the State. He advised the Board not to open the flood gates  
on this tourist tax; he added it is being managed very well to help all local programs; for those  
leaving the County Commission soon for greener pastures, they have done many great things,  
and he would complement the Board for that; and he has always supported the Board for that,  
but he does not want the Board to let this be its legacy, a 30-year marketing grant.  
Chair Zonka stated since Mr. Malone is on the TDC Board and he is also one of the managing  
folks of Space Coast Daily, she asked if Space Coast Daily has received any funding from the  
hoteliers to run the number of stories regarding this issue.  
Mr. Malone responded by saying absolutely not.  
Chair Zonka commented she just noticed that Space Coast Daily has run several in opposition  
of this Item.  
Mr. Malone replied it is because they have a great passion for what they do and they love this  
County, and they have received 1,800 comments from people in opposition to this.  
Chair Zonka noted she appreciates that, she just wanted people to know that Mr. Malone is  
also with Space Coast Daily.  
DAD 1300 N. Atlantic Cocoa, LP Tourist Development Grant  
Dan Mantzaris stated he is in attendance on behalf of the Radisson Resort at the Port to  
express his clients objection to this proposed agreement; he had a long litany of items to talk to  
the Board about why the agreement before it, even though it is not intended to be a grant  
agreement, really needs to be looked at a lot more closely and the Board really needs to read  
between the lines; however, Mr. Wasserman’s comment summed it up for him, they cannot  
build the project without the support from the County using the TDC money; to make it clear  
their client does not object to the project like a lot of the others, they think it is a great project  
and a great economic development driver, which is how the agreement is initially written, as an  
economic development driver, which is entirely an appropriate use of using public funds by a  
County; and his issue is with use of TDT to fund this $30 million grant. He noted Mr.  
Wasserman pointed out, they need the grant to finance their project so that they can build the  
convention center and the resort destination, hotel, parking facility, and all the retail  
establishments they want to build on this project; without the grant they cannot make it; that in  
and of itself means it is inconsistent with the State statute regarding TDT; and the Board knows  
TDT cannot be used to fund the privately owned convention center or privately owned facilities,  
and essentially that is what the Board is doing; and they believe it is inconsistent, that the  
County Commission should deny this request, and go back to the drawing Board to work on a  
more particular economic development criteria with incentives which it is entitled to do. He  
pointed out that he disagrees completely with Mr. Wasserman’s claim that this is consistent  
with the development plan for the use of these funds; and he noted this is a diversion of $1  
million that does not go into the tourist development fund, they go directly to this entity; and this  
is inconsistent with the plan. He added under County Ordinance, the Board needs a unanimous  
vote of four to approve a change to the plan and his client is asking that the Board deny the  
project.  
Chair Zonka inquired who Mr. Mantzaris’ client is.  
Mr. Mantzaris replied it is the Radisson Resort.  
Chair Zonka inquired if Bob Baugher is his client.  
Mr. Mantzaris responded affirmatively.  
Chair Zonka inquired if he is being paid to be there.  
Mr. Mantzaris replied, absolutely.  
Tom Williamson stated he is representing the Cocoa Beach Hotel and Lodging Association; he  
just has a statement from the organization; and he read, “The Cocoa Beach Hotel and Lodging  
Association, which includes 15 lodging establishments in Cocoa Beach and Cape Canaveral  
recently voted unanimously against the proposal being considered today. It is our overwhelming  
belief, as collectors of the bed tax, that it should not be given to private developers. Further, the  
constant insertion during previous meetings and reliance upon this subjective term  
transformational and its definition, as it relates to real estate development, will create  
unintended consequences and wreak havoc throughout the County, and as mentioned earlier,  
the State of Florida. As it relates to future hotel and resort development and what qualifies for  
special consideration for bed tax funds. We hope you, as our duly elected officials, also  
recognize this and will vote against this proposal for the sake and integrity of the TDC bed tax  
collection and its intended use.” He mentioned he must point out that the Driftwood member of  
their organization chose to leave the room during that vote and did not participate in the  
discussion or in the vote.  
Robert Klimkowski stated he is there to speak about an article he wrote for Space Coast Daily;  
he believes it had the most interactions out of all the articles against Driftwood; that was when  
they were proposing roughly $80 million for the grant; now coming back, after it went through  
the TDC, they are asking for $30 million from the TDC and the TDC uses roughly 47 percent to  
market; he asked what the Return on Investment (ROI) is on that, as he wants to see the  
numbers; for every dollar that is given to the TDC, he has heard 50:1 back; and that is  
wonderful, but he asked if Driftwood could do it better. He went on to say if Driftwood could do  
it better, then why not give it to them and hire their marketers, because this is a special type of  
convention center; this is a $330 million project that at 75 percent capacity, would garner  
roughly $1.5 million a year in taxes; in short of participatory budget, he would like to see what  
they can do; he asked why not have a merit-based return; he explained, the first year they  
receive 25 percent if they can do it better than the TDC, then the second year they would  
receive 50 percent, and so on, until they are fully vested after four years and they have a  
merit-based return by the numbers; and he thinks that is the best way for both sides, the Board  
is not picking winners or losers, it is going by the numbers.  
Mario Schwarz stated he has lived in Cocoa Beach for four years and is in attendance strictly  
as a resident and citizen of Brevard County; he has nothing to do with Driftwood, the hoteliers,  
or anything else; he has been watching this for the last few weeks and it came into his mind,  
first of all as a citizen, as a taxpayer, he inquired why the taxpayers should help support and  
promote a multi-million dollar business develop their property; he noted it does not make any  
sense to him; he does not help the Radisson build their property, he does not help the  
restaurants build their property; and he asked why the citizens are being asked to support and  
promote a business like this. He continued by saying, as others have said, he thinks this is  
going to set a precedent; once the Board does this for this company, there is going to be every  
hotelier and every prospective hotelier and restaurant businesses come to the County and say  
they are collecting a tourism tax, why not let them keep some of it and they will promote the  
tourism in the County; that is not what the tourism tax is about; the tourism tax is supposed to  
be distributed by the TDC, not by the people that are collecting the tax; and that is how he feels  
about it.  
Jack Ratterman stated one time he went to some people and they asked if he would loan them  
some money, and they gave him a great proposition, but them someone else said why won’t  
the banks loan them some money; and the person said if the bank does not want to loan them  
the money, then maybe he should not loan them the money; he did not listen and he loaned  
them the money, and of course it went south; and this is the same thing. He noted if it is such a  
good deal, then they ought to be able to get the money from the banks with no problem and not  
spend Tourist Council money that could go to the veteran’s center, the amphitheater, to beach  
restoration, therefore, he says no.  
Scott Knox stated he is representing Driftwood and DAD 1300; he is in attendance to take  
issue with the lawyer for the Radisson; he could not disagree more with him if he wrote the  
Statute himself; it is very clear to him that the County can use this money in the way that is  
being proposed, as a rebate, which is permissible under two sets of Florida laws, under the  
TDT Statute as well as the economic development Statute; he thinks that was made clear in  
the agreement; and he thinks they will probably have to work this out somewhere because the  
Radisson is taking a different position. He commented he completely disagees with Mr.  
Mantzaris and he thought the Board should know.  
Commissioner Tobia inquired if Mr. Knox was the County Attorney in 2017 and sat on the dais.  
Mr. Knox replied it seems to him, he was.  
Commissioner Tobia asked if it fair to say that as the County Attorney he probably reviewed or  
wrote the better part of the Ordinances that came out of his office.  
Mr. Knox responded by saying some of them, but not necessarily the one that is being  
discussed.  
Commissioner Tobia noted he thinks Mr. Knox is going to find out he is talking about a different  
one; in fact he is talking about Ordinance 17-021, entitled, Creating a New Chapter in the  
Brevard County Code of Ordinance Chapter 3, Code of Ethics; and he asked if Mr. Knox is  
familiar with that one.  
Mr. Knox responded affirmatively.  
Commissioner Tobia asked why Mr. Knox did not register as a lobbyist for Driftwood, yet he did  
for many other entities, such as NASA Investment Properties, LLC, Anthony Lopes, Eugene  
Lamondo, Matthew Development, LLC, U-Haul, and Florida 452, LLC.  
Mr. Knox explained because he was hired to do legal work, which he has done.  
Commissioner Tobia mentioned that was what he was hoping Mr. Knox would say that because  
he would like to quote something Mr. Knox said on February 21, 2017; and he read, “Lawyers  
do lobby so the Board has to be careful about that. If an attorney is meeting with individual  
Commissioners, they are usually lobbying.”  
Commissioner Tobia inquired if Mr. Knox still stands by that.  
Mr. Knox responded, usually yes.  
Commissioner Tobia responded this is what Mr. Knox said.  
Mr. Knox replied, he stands by saying usually yes.  
Chair Zonka explained she thinks he is referring to the statement by saying usually yes.  
Commissioner Tobia inquired, if Mr. Knox is that one exception, and that he is in fact not  
lobbying. He noted he is trying to figure this out.  
Mr. Knox clarified he is there to speak to the legal issues.  
Commissioner Tobia inquired if he has had any conversations with any members of the Board,  
one-on-one of things either in or outside of the County.  
Mr. Knox advised none but Commissioner Tobia on the legal issue.  
Commissioner Tobia advised they spoke of other things other than the legality of it and he has  
text messages accordingly.  
Mr. Knox explained his job is to…  
Commissioner Tobia interjected that he understands Mr. Knox is a member of the Florida Bar  
and he is concerned about his license here, that he created a chapter and he is not following it,  
even though he followed it before; and he asked if that puts his client in a tough spot.  
Mr. Knox noted he does not think it does because he did not talk to anybody about this except  
Commissioner Tobia, and that was like two or three days ago.  
Commissioner Tobia advised there was not only talking but emails; and he asked if that is  
correct.  
Mr. Knox responded there was.  
Commissioner Tobia inquired if there was text messages as well.  
Mr. Knox replied there probably were.  
Commissioner Tobia commented he thinks the better judgment from now on since Mr. Knox is  
certainly aware of it, and since he followed it in the past, would be for him to probably register  
as a lobbyist.  
Mr. Knox responded that is probably a good idea.  
Commissioner Tobia commented he hopes this does not place Mr. Knox’s clients in a tough  
spot.  
Mr. Knox exclaimed he does not think it will since Commissioner Tobia proposed some  
language for the Agreement, so he was responding to that in part.  
Nick Patel stated he has lived in Brevard County since 1988; he is the owner of a few hotels in  
Brevard County; they have built from the ground up in Cocoa Beach, Cocoa, and they are  
developing one more property in the south; they are completely against this; the County never  
helped them to build their properties; the number they are giving, he does not know if they are  
correct numbers or not; they are developers too and somebody will develop the property knows  
how much the property is going to exactly cost; they bought this property for about $24 million  
or something; and they are going to build so many numbers of rooms and square footage, they  
can find out by the going rate how much per square footage is costing; and the numbers  
provided, $380 million, he does not think that is correct. He went on to say the property he has  
in Cocoa, which has a convention center and 14 acres of land, if anyone saw his whole outside  
area his square footage is more than their proposal; he does not think the Board should give  
them any money; the five percent bed tax that is being collected from each and every hotel  
owner, the County is collecting lots of money, and it can utilize that money somewhere else,  
like developing the beach area, nice walkways like Daytona Beach and Miami Beach; they have  
nice walkways and restaurants and everything to bring the tourist; this County never did  
something like that; and he reiterated he is completely opposed to this thing. He reiterated they  
are developing one more property and they would ask for that money too.  
Akshat Patel stated he just bought a business in Titusville; he has been working for himself for  
years; what he realizes is if one is making profit off of business, then he or she should carry  
their own weight, and not ask for a handout from anybody and if not then get out of business;  
$380 million investment and there is not a plan for $30 million worth of marketing, something is  
not right and it is not going to go too far that way; of course they will because it is a big entity;  
however, people have to know their marketing before they start the business, especially a  
business that big. He continued by saying the TDT collected is not just for them, it is for every  
small business in Brevard County and the County should spend it accordingly; and he opposes  
the $30 million grant.  
Samir Patel stated he grew up in Brevard County; he is a second generation hotelier; what they  
are up against right now is one of the largest hotel companies in the country; they have deep  
pockets, they have funds; they are going to develop this property from start to finish with or  
without the $30 million of a 30-year marketing plan; he asked what does that mean; he  
commented that hotel is going to be redone five times over the course of 30 years and the  
Marriott is going to mandate it; and if the Board thinks giving them $1 million every year over  
the course of 30 years is going to help them out, a ramp up phase generally for a hotel of that  
nature is probably one to three years; and when it goes beyond that, they are just taking  
marketing funds from the TDC into their own marketing plan. He noted when they created this  
property, they are saying they have over 150,000 square foot of flexible meeting space, and he  
looked at the largest ballroom and he thinks it is 15,000 or 16,000 square feet; that does not  
create additional tourism for the area, it is a business hotel and it is going to profit themselves,  
for-profit in their hotels; it is not going to affect any of his family's little hotels; and they are  
going to take away funds that could be given out to the County, but for themselves. He  
mentioned he sits on the capital improvements facility; several times when there are grants or  
funds that come out for $10,000, $15,000, or $20,000, they do so much homework and  
research for those to be approved or denied and all of it helps put heads in beds throughout the  
County; for somebody to come up and for the Board to just aimlessly provide them $30 million  
for a marketing plan that does not exist, the Board should think twice about that; and he highly  
opposes it.  
Bob Baugher stated he is not getting paid, he is retired, and he does this for fun; this group  
over here is getting paid and Driftwood pays very well; all the data they gave the Board, they  
paid for and the Board is relying on it; the rest of the hoteliers have been working for a long  
time; all these guys build hotels and he builds hotels; it took him 30 years to build what he did  
and God willing he will build as much as Driftwood in the next three years, over the next 10  
years; his complex will be twice that size, twice the rooms, more meeting space, more water  
features, God willing, if he is around, without any subsidies, unless the Board is going to give  
money out, because if it is going to give it to them, then give it to him as well, he wants it, fair  
competition; he asked why does he have to compete with somebody in his neighborhood that  
the County is going to subsidize and not subsidize him, that is unfair; and he stated if this is  
such a great idea, there is an election in November, the citizens passed the TDC tax, so let  
them ask, place it on the ballot and let the citizens vote for it, and take it away from the Board.  
He commented to take out everyone in the room who is getting paid, take out the politicians,  
and it will be found that most people will not support it; yes, people are getting paid, this is  
America; and he reiterated he does it for fun and for his kids.  
Chair Zonka commented Mr. Baugher is a hotel owner and he does not do this for fun.  
Mr. Baugher advised yeah, look at his trust this year, he gave it all away.  
Chair Zonka responded Mr. Baugher is a hotel owner.  
Mr. Baugher noted yes he owns a lot of assets and so do those guys.  
Chair Zonka explained she asked the attorney if he worked for Mr. Baugher.  
Mr. Baugher advised yes he pays the people who work for him.  
Chair Zonka stated Mr. Baugher seems very defensive with the question and all she did was  
ask him if he was working for him and if he was being paid to be there, and only because  
someone else was asked if they were being paid to be there, so she thought she would stay  
with that consistency.  
Mr. Baugher pointed out Chair Zonka did not ask those guys if they were getting paid to be  
there.  
Chair Zonka noted there is no need to get defensive about it.  
Mr. Buaugher responded he knows, but she is making a big deal about getting paid in America.  
Chair Zonka explained she really did not make a big deal about it.  
Mr. Baugher responded yes she did.  
Chair Zonka stated some of the suggested funds were…  
Mr. Baugher interjected it is past his two minutes and he is going to sit down.  
Chair Zonka advised the audience Mr. Baugher has been pretty vocal regarding his  
disagreement with how the TDC spends their marketing, and yet he wants the TDC to remain  
in control of all those marketing dollars; she is not quite sure about that; and that is the  
question she was going to ask Mr. Baugher.  
Dipak Patidar stated he has been in this area for 33 years; his family owns a bunch of hotels  
they built from the ground up; being citizens of this County and hotel owners, they oppose this  
for many reasons; he asked who is it really going to benefit, is it really going to benefit the  
citizens of Brevard County or is it going to benefit just the Westin; and he noted that is the  
question the Board needs to ask. He went on to say if it benefits Palm Bay through Titusville  
then go for it, but if it does not, then the Board needs to rethink if it is really going to help the  
residents; he asked if a theme park would help bring more tourist into the area or something  
else; and he asked if the Board thinks a convention center will bring this much into the area just  
because there is a projection. He inquired if that is going to be the final thing; he stated that is  
what he is thinking, and the County is making a big error in thinking that if it gives the money  
back to a private organization to spend it on marketing, they already spend a lot of money on  
marketing through their Marriott product and so forth; and he thinks the County should let them  
do it on their own like his family has with the convention center that his family owns in Cocoa or  
any of their hotels. He stated they spend their marketing money and they do not wait for the  
government and they do not go to the government and ask for $1 million or even $500,000; if  
the Board is giving them $1 million, they have a hotel they want to place in downtown  
Melbourne, they will say they will place a 30,000 square foot convention center there with a  
hotel with 200 rooms; he asked then what happens if the Board tells them yes and tells his  
family no; he noted then they have to hire lawyers to find out why; and he opposes this  
proposition.  
Devin Bagnell state she has been a resident of Brevard County her entire life; she has truly  
enjoyed growing up here on the beautiful Space Coast; right after high school she quickly found  
her niche in the hospitality industry, primarily working in Cocoa Beach; as someone who  
currently operates in this field, it should be known and cemented how life-changing a project  
such as the Westin will be for people like herself; there is an innate excitement and security  
that clientele traveling here for aerospace industry will bring to the hospitality workers of  
Brevard County; and what the Westin is projected to bring into this area is something that many  
of them have dreamt of, to be able to stay local and contribute to the community that they were  
raised in while making a higher income doing what they do best, taking care of others. She  
mentioned there is no denying how much the service industry in Brevard yearn and depend on  
this type of business; a huge portion of this community, many who are waiting tables, washing  
dishes, or creating next week’s schedules and could not make it today, are very eager for the  
Westin project to materialize; the influx of career hospitality folks from different areas looking to  
bring their expertise to Brevard collegiate minds ready to start their first real world job, or even  
people that are already looking to use their skills in a prestigious brand like the Westin; they are  
all passionate about the breath of fresh air that Driftwood’s vision will breathe into Brevard  
County; and there is an active generation that is ready to work, live, and play in Brevard and  
the granting of this proposal will only positively ensure that this vision is not only brought to life,  
but will remain on the cutting edge for years to come.  
Virenkumar Patel stated he is a resident of Merritt Island and he says no to this grant because  
that money is for everyone, not just for one person; that money needs to be utilized for  
development of the whole County not just one business; they have asked for $30 million, or $1  
million per year to invest in marketing, but they have not showed revenue generation for 30  
years yet; and even if they can provide it, he asked how sure are they that they can make every  
point and are they sure they are spending $1 million per year into marketing. He continued by  
adding that money will only be beneficial to them, not to the entire County.  
Sandra Sullivan stated it sounds like this proposal would be better for the Economic  
Development Commission (EDC) and not the TDC and she would request that the Board listen  
to the very common sense recommendations of the TDC; what concerns her about this project  
is the number of changes that have been seen from the beginning; this started last year in April  
with a proposal of $80 million and has gone through numerous changes; after trying to  
circumvent the TDC, one of the Commissioners brought this to a Planning and Zoning meeting,  
and they stood in front of everyone there and said this proposal is about bringing a convention  
center that will put Brevard on the map to compete with Orlando and Miami; and she advised  
Orlando is two-million square feet, Miami is one-million square feet, and this in their  
exaggerated numbers is 100,000 square feet, but in reality the ballroom is 16,000 square feet.  
She continued by saying what concerns her is the agreement that is before the Board and the  
changes made to it are done by Knox; she asked what the former County Attorney doing  
making all these amendments to an agreement; to look back on some of the other Resolutions  
that have come before this Board that raises concerns; for example, the towing Resolution that  
was done by a lobbyist, where the Resolution was presented and without being vetted by staff,  
it went on the Agenda to be voted for and that was between 100 and 7,000 percent increase;  
there have been other deals brought forth by these lobbyists, for example, the Brightline bond  
and the Board had an opportunity to get a good deal for Brevard County, but it did not; this is  
not good for Brevard County; and the agreement is very poor.  
Janice Scott stated as the former mayor of Cocoa Beach, she thinks this request should be  
denied; she noted she is not being paid to be in attendance; she would like to know and  
requested that maybe it be restated in the future, this agreement request has changed almost  
daily for the last six weeks at least; she thought she heard Mr. Wasserman say that they  
wanted $1.5 million not $1 million per year, and she would like that clarified; she mentioned the  
skids have been greased for this corporation already in Cocoa Beach; she is sure the property  
of the International Palms Resort would be redeveloped one day, but they were grandfathered  
to 40 units per acre, and if it were an undeveloped piece of property, they would only get 28  
units per acre; therefore they have advantages from Cocoa Beach already in terms of 28  
percent increase in what the current ordinance allows for development of a transient lodging.  
She went on to say every time Cocoa Beach talks about this project, they say this will reduce  
the amount of taxes to the residents; contrary to that, every time this happens, the residents  
pay more taxes; she thinks the Board should deny this; and she agrees with everyone else who  
preceded her in saying to deny this.  
Mike Miller stated he is a Cocoa Beach City Commissioner and he is speaking in support of this  
proposal; there is an anticipation of questions that he feels he has to reveal he is paid $6,000  
per year for that position representing the best interest of the City; if the EDC were considering  
to recruit new industry in Cocoa Beach it would not be a desirable location; the city is 95  
percent built out and has zero industrial and office sites available; while the city has groceries  
and pharmacies to support the population, it will never have a Walmart, Target, Home Depot,  
or Lowe’s; and tourism is the primary business of Cocoa Beach and there is little tax revenue  
from other sources so they have to make the best of what they have. He noted what Cocoa  
Beach does have is six miles of beautiful beachfront on the Atlantic ocean, plenty of sunshine,  
and waves for surfing; there is an unobstructed view of the Kennedy Space Center for viewing  
rocket launches that is unparalleled to anywhere else on this earth; and the Mayor and his  
fellow Commissioners have been working diligently to transform Cocoa Beach from a daily  
tourist attraction to a resort vacation destination, one that will attract families with disposable  
income to stay for multiple days and enjoy the many outdoor activities and support local  
businesses. He commented when he became involved in local government 10 years ago, the  
International Palms Hotel was a dilapidated eyesore, hotel occupancies were depressed, and  
any vision that it would be redeveloped seemed like only a pipe dream; Driftwood Properties  
recognized the potential far better than they did; Driftwood purchased the property in its entirety  
and it has been working cooperatively with the City of Cocoa Beach for more than six years on  
plans for a four-star resort hotel and conference center; and Brevard County can now actively  
participate in bringing this project to fruition.  
Commissioner Tobia thanked Mr. Miller for being there; and he asked how much money the  
City of Cocoa Beach has offered up to this developer.  
Mr. Miller noted the City has put in a sewer line to service out property.  
Commissioner Tobia stated he understands, but this is $30 million that is being asked of this  
Board.  
Mr. Miller responded they have not asked the City of Cocoa Beach for anything.  
Commissioner Tobia clarified Driftwood has not asked for any money.  
Mr. Miller responded affirmatively.  
Eric Garvey stated he is the Chief Operating Officer for Bob Baugher’s various companies; and  
he is in opposition of this $30 million being given for this private project.  
Mary Jane Nail stated she represents taxpayers; maybe she represents people who are on  
limited fixed income, like retirement incomes; he retirement income is $400 per month from  
Social Security, that is it; she lives in the City of Cocoa Beach Florida and has served as  
vice-mayor of the City of Cocoa Beach, a Commissioner, led a beach renourishment project,  
and at the time, President Clinton was saying no beaches would be renourished anywhere;  
President Clinton sent people and they had a great time, and now beaches are being  
renourished; she is in opposition to this giveaway to Driftwood; and the reason is if they need  
money, they should go to the people who have the money, and that would be Elon Musk, Jeff  
Bezos, the Berkshire Hathaway guy, Warren Buffet, Tim Cook, or any of these  
multi-millionaires who have plenty of money and would like to invest; this is private enterprise  
looking for private money, not private enterprise looking for government handout; and if  
anybody needs a handout it is probably the retirees who are living in housing that she could not  
even turn around and buy. She continued by saying her house is probably worth a few million;  
she built it for $80,000; times are tough, but in tough times go to the money people; and by the  
way, Elon Musk stays in a little hubble in South Texas when he goes there for launches.  
Ben Malik stated he is Mayor of Cocoa Beach and is paid $500 per month; he loves money, he  
is a commercial banker; he asked where do the taxes come from and he answered this tax is  
paid for by visitors that come to our County; he does not stay in a Brevard County hotel, so he  
is not paying into this tax, it is generated by visitors that come to Brevard County; he wanted to  
get that straight; he mentioned what is in it for everybody, he is going to take the emotion out of  
it and go right to numbers, that property is taxed at about $18 million and generates over  
$100,000 to the City of Cocoa Beach as is; this is a project that is anywhere between $300  
million to $380 million; the current construction costs are anywhere from $350 to $400 per  
square foot; and this is the only four-star hotel that is proposed in the entire County; and that  
property as it currently stands, has had 1,000 calls for service for public safety, and is an  
eyesore. He continued by saying this type of investment is needed in this County; if anyone  
wants to take the burden off the residents, this is what a $300 million infusion would do, it would  
take the burden off; safety rails could be put on this such as if it does not generate the $2  
million per year in proposed revenues or taxes, cap it at whatever that number is; metrics can  
be placed in there to make it quantifiable; that is his proposal because at the end of the day this  
is new money, it is not replacing money that is there, it is on top of the existing tax base; he  
mentioned everyone has a budget season, and is faced with the same challenge of homestead  
residents, property owners capped at three percent; and he can assure the Board that the  
expenses due to inflation is not capped at three percent. He stated there is a huge imbalance  
and they have to balance their budgets, they cannot print funny money; and he asked that the  
Board please support this.  
DAD 1300 N. Atlantic Cocoa, LP Tourist Development Grant  
Commissioner Tobia stated he wants to give Mr. Malik the opportunity, as he may know a little  
better if Cocoa Beach offered any direct financial resources.  
Mr. Malik replied they did not.  
Commissioner Tobia advised the Board decided to go to the roll back rate so it does not have  
to advertise, and he asked if the same can be or will be said for the City of Cocoa Beach; and  
he advised he is looking at their website.  
Mr. Malik affirmed it will not be said that Cocoa Beach went to the roll back rate.  
Commissioner Tobia inquired if the City of Cocoa Beach did not go to the roll-back rate.  
Mr. Malik responded no and he will explain why.  
Commissioner Tobia advised Mr. Malik does not have to tell him why; he commented the City  
of Cocoa Beach raised taxed taxes or will raise taxes, is not offering any dollars to Driftwood,  
and he thinks it is good for the Board, who decided not to raise taxes to provide Driftwood with  
$30 million; and he inquired if that is correct.  
Mr. Malik answered Brevard County added properties to the tax rolls; he commented the City of  
Cocoa Beach needs projects like this that would offset that; homestead resident capped at  
three percent does not make the math work; and that is where the City is at.  
Commissioner Tobia mentioned he appreciates Mr. Malik’s insight and honesty.  
Chair Zonka asked if the Cocoa beach Commission had say over the TDC and how those tax  
dollars would be spent, does he believe that his Board would probably support this project.  
Mr. Malik advised they were all supportive of this project.  
Commissioner Zonka asked if everyone is ready for the John Tobia show.  
Commissioner Tobia stated he spent a little time on this because it is quite a bit of money; he is  
excited about this project and that is hard for him to say because he is a Hilton’s honor  
member, not part of the Marriott Starwood family, but that does not jade his opinion; for the  
people at Driftwood, he really appreciates their effort, they certainly employed a lot of lobbyist  
right there; and he does not blame them for asking for the $30 million. He noted he received a  
call from someone on the Driftwood team and they asked for him to find a way to make this  
contract work; whenever he votes no, he tries to provide some sort of alternative because he  
thinks it is really unfair to just off-handedly say no; he found two solutions that would fit this  
contract; neither of these two solutions would have required one penny less than the $30  
million that is offered, so these solutions contemplated the full $30 million; the first one is the  
term shall be one year from the effective date with up to an optional 29 renewals of this  
agreement; as everyone heard at the beginning, the County does things on an annual basis, it  
is probably safe, so he asked for this to be done, and it was rejected; and he advised this is the  
way all grants are done by the TDO office. He continued by saying he looked up a Federal life  
sentence and it is 25 years; this marketing plan is longer than a federal life sentence; to put this  
in perspective, this will sit through seven generations of new Commissioners and countless  
unpredictable economic factors; to put it in a different perspective, he almost wore grunge to  
the meeting because grunge was cool 30 years ago; what was also cool 30 years ago was  
beanie babies; beanie babies came out this month 30 years ago; he also wants to tell people  
who had not been through an interview 30 years ago, Monica Lewinsky was never heard of 30  
years ago, yet this Board is contemplating providing a grant for something for 30 years; and to  
put it a little more Parental Guidance (PG), gas was $1.11 in Florida 30 years ago. He went on  
to say clearly, economic times change, so he thought it would be a little more safe to ask to do  
this on an annual basis and that option was outright rejected; the second one he offered, and  
he thought it was pretty fair and he is a little confused, because what Mr. Wasserman said was  
if they were to sell this, the finances stop; he defined ownership and sent that over, ownership  
refers to DAD 1300 North and all the legal terms saying they have to be a full and complete  
owner of this, but that was not the case; in the contract it says they have to maintain like 10  
percent, or maybe even less, and he will talk about that later; he advised he ones one share of  
Tesla, but that does not make him Elon Musk; it is absolutely ridiculous that ownership of a  
property is determined by 10 percent; and he imagines if he asked these guys up here, the  
Board would find out they own quite a bit more than 10 percent. He added he does not want  
anyone to think that he did not give this any thought; he did and he spent a lot of time with this  
and those were both thrown out; before he gets into the three questions he has, which are very  
basic, and in all honesty, he shared this with Driftwood; he read the questions: is this fair, is this  
good for Brevard County, and do they need the money; in all seriousness, he has some  
suggested language for this, as he thinks there are some problems with the contract; the sixth  
whereas clause, section 2.12 and section 4.1 all refer to a four and one-half star hotel, section  
2.1 states a successor hotel must receive a four and one-half star rating as defined by Forbes  
travel guide; this language was not proposed by any of the Board it was proposed by the  
Driftwood folks; and he has some suggested language just to make this a little more clear, and  
it is changing 2.17, and he is sure this is friendly because it is just compiling it into one place,  
Westin Cocoa Beach Resort and Spa shall mean a Westin Hotel with a minimum of four and  
one-half stars as rated by the Forbes travel guide, or its successor; they have stated they would  
put it in two different places, he just wants to place it there because the whereas clause does  
not really have a legal effect, so that will be an ask; and he reiterated the only change is with a  
minimum of four and one-half stars as rated by Forbes travel guide or its successor, and that is  
not his language that is the language they put in the contract. He continued on by saying he  
does not know who from the Driftwood people wants to answer his three questions; going to  
slide three, he explained this is a letter that was received recently, less than two weeks, and he  
thinks Mr. Rodriguez may want to respond to this because he thinks his name is on the letter;  
the letter says, “our competition will not be the existing hotels along the Space Coast; and he  
wants to make sure this is correct and not doctored or anything.  
Mr. Wasserman advised it absolutely was not doctored.  
Commissioner Tobia asked if that is still true because the letter was two weeks ago.  
Mr. Wasserman stated they believe they will be offering a product and meeting space and  
convention space and conference…  
Commissioner Tobia interjected he is just asking about the words, our competition will not be  
existing hotels along the Space Coast, and if that is still accurate.  
Mr. Wasserman responded yes.  
Commissioner Tobia asked to go to slide four; he asked if Mr. Wasserman commissioned a  
study by Charles Johnson Conference Center marketing and economic impact study.  
Mr. Wasserman responded affirmatively.  
Commissioner Tobia noted that is wonderful because he used it and actually read it; he noted  
he would like to go to page 27 of that and in the first paragraph it says, “The Westin Cocoa  
Beach will be the largest event facility in the market so it is reasonable to assume that it will  
absorb many events that are currently occurring in other Space Coast facilities”, in fact it is so  
clear that it lists those facilities; and he mentioned Driftwood will cannibalize, and he wants to  
make sure this is correct, he inquired again if Driftwood paid for this study.  
Mr. Wasserman commented he thinks he answered that, but yes they did pay for it and  
commissioned it.  
Commissioner Tobia asked if Mr. Wasserman could explain the difference of what he has told  
the Board or what he told the TDC, and what is in the study that his team commissioned.  
Mr. Wasserman responded he cannot, however, Charles Johnson is in attendance and if  
Commissioner Tobia is okay with it he would invite him up to clarify his statement, and he will  
clarify his own statement.  
Commissioner Tobia advised that is up to the Chair.  
Chair Zonka stated she would like that, it is probably a good idea that Commissioner Tobia ask  
the guy that did the study.  
Commissioner Tobia replied absolutely, he did not know he was in attendance.  
Mr. Wasserman asked if Commissioner Tobia would like him to clarify his statement first.  
Commissioner Tobia responded no, he thinks Mr. Wasserman’s statement was pretty clear;  
and he thinks this was clear, but he would love to hear more.  
Charlie Johnson stated he is the President of Johnson Consulting; he thinks the answer to the  
question is, the objective of the project is to diversify the demand; at this junction now, Brevard  
County does not really have a presence in the group meeting sector that is at a higher scale  
and what is going to happen when the market opens, some events will shift and others will  
come in.  
Commissioner Tobia advised he appreciates the explanation; and his question is does he stand  
by what he stated, that it is reasonable to assume that it will absorb many events that are  
currently occurring in other Space Coast facilities.  
Mr. Johnson replied he stands by that.  
Chair Zonka asked if Commissioner Tobia has any other questions for Mr. Johnson.  
Commissioner Tobia advised he does have any other questions for Mr. Johnson and thanked  
him for his honesty. He continued on to slide five, he read a statement, and asked if the  
statement was directly from Mr. Wasserman’s website and not doctored.  
Mr. Wasserman replied he believes so.  
Commissioner Tobia advised he looked up a little bit of the EB5; he commented he is sure Mr.  
Wasserman knows, but EB5 investors are able to receive a Visa and potential citizenship  
based on investing a certain amount; from the US Immigration and Customs Service Homeland  
Security Investigation states that numerous individuals affiliated with and providing resources to  
terrorists organizations have entered the Country through this program; one individual returned  
electronic components for use in improvised explosion devices; another provided ball bearings  
to terrorist organizations which were later matched to those used in IEDs; and he reiterated this  
is Federal language, not his, EB5 Visa holders have been arrested for planning terrorist attacks  
in the nation’s capital targeting foreign and US leaders. He asked if it concerns Mr. Wasserman  
that his business model may lead to terrorist activity in Brevard County.  
Commissioner Smith asked if that is a joke.  
Commissioner Tobia stated he does not think Homeland Security is a joke; and he is just  
curious to find out if folks that want $30 million are concerned about this.  
Mr. Wasserman commented he is not sure why the linkage to the $30 million applies to this.  
Commissioner Tobia noted he had EB5 on there.  
Mr. Wasserman commented he appreciates that but give him a moment to answer; he is  
concerned about terrorism for any amount of money, let alone $30 million; people rely on the  
Federal government for security and they utilize programs that the Federal government  
sponsors; there are elected officials in Washington that come up with and modify, whether it is  
the EB5 program or other types of programs, to raise money and/or to facilitate individuals  
getting Visas; and he commented he is offended that Commissioner Tobia is trying to link  
terrorism to the grant that Driftwood is asking for.  
Commissioner Tobia mentioned he is linking it to Driftwood’s website.  
Mr. Wasserman replied, yes.  
Commissioner Tobia explained someone put that on Driftwood’s website, and he has no control  
of that website.  
Mr. Wasserman noted to be clear what was placed on the website is Driftwood utilizes EB5  
programs, not what the Federal government provides in terms of terrorism.  
Commissioner Tobia advised he was just citing information. He stated he would like to move on  
to the next slide; he is sorry to offend Mr. Wasserman and he thinks Mr. Wasserman has  
offended many people asking for $30 million in taxes, so he will just call it a wash; he asked  
does Driftwoood Capital need this contract, and he asked for slide seven to be displayed on the  
screen; and he asked Mr. Wasserman to verify that this is Driftwood’s letter. He read a  
statement, noted it is underlined, and asked if that is fair statement.  
Mr. Wasserman responded affirmatively.  
Commissioner Tobia stated he is now going to section 20.7, and noted that he is not an  
attorney so he asked if he could get one, not a lobbyist but an attorney; he stated in the  
contract it says the grantee further represented that the grants being paid to this grantee by the  
grantor under this agreement are not necessary to make the project economically feasible; and  
he asked if that says the exact opposite.  
Mr. Wasserman replied, not to him.  
Commissioner Tobia asked for an explanation.  
Mr. Wasserman advised Driftwood does not need the grant in order to run the hotel; the grant  
is an indication by the County that it has the support of the County; it is incredibly important for  
Driftwood to secure the financing that is required to develop that hotel, the grant is not required  
to develop the hotel; he reminded the Board that Driftwood is not going to get any of those  
dollars until it generates TDT, so up from now until the day they get their CFO or TCO they will  
not get a dime of money from the County, whereas they are still going to be paying property  
taxes and other economic benefits that are actually in the appendix.  
Commissioner Tobia interjected he will get there in a minute, that is how he is going to end.  
Mr. Wasserman replied, ok.  
Commissioner Tobia stated economic feasible means Driftwood does not need this, it only  
needs it for the marketing, it does not need it for the construction.  
Mr. Wasserman commented Commissioner Tobia may have misunderstood, what he said is  
they need this for is to secure the financing that is required for the property, they do not need it  
to operate the property.  
Commissioner Tobia stated without this, it would not happen; and he asked if that is correct.  
Mr. Wasserman noted that it is going to make securing the financing incredibly difficult.  
Commissioner Tobia asked to go to slide nine; he advised this goes to does Driftwood Capital  
need this contract; this is a quote he received from Florida TODAY, so he does not know if this  
is accurate, “tourism has come roaring back in the Space Coast and it is only poised to get  
better as corporate and group travel makes a full return, high gas prices haven’t put a  
noticeable dent in bookings yet. There is plenty of pent up demand for both business and  
leisure guests”; it sounds like things are getting good in Brevard County; and his question to  
President Carlos Rodriguez, if he is telling the owner of it, things are looking great, yet  
Driftwood still needs the money, correct.  
Mr. Wasserman answered that is absolutely correct.  
Commissioner Tobia asked to go to slide 10.  
Chair Zonka stated to keep moving.  
Commissioner Tobia advised he is almost done he only has a couple more slides.  
Chair Zonka noted it has been almost 15 minutes already.  
Commissioner Tobia commented, $2 million a minute, if he was only worth it. He stated this is  
what Driftwood put on it’s website; and he asked if the 27.5 internal rate of return anticipate the  
$30 million, or is that without the $30 million.  
Mr. Wasserman stated he would like to clarify what that statement specifically relates to.  
Commissioner Tobia responded, okay.  
Mr. Wasserman continued on to say the company purchased the International Palms Resort in  
early August 2016; in order to fund the development that was funded through a vehicle that is  
no longer making new investments; they have created a new vehicle, just like they have  
acquisitions, they make loans on properties, and they develop properties and hotels; in order to  
fund development of the new hotel, the Westin, the old fund basically sold the property to the  
new fund, and that return is indicative of what the old investors received from their work, their  
effort, and all of the money that they expended in order to get the project up to where it was  
before one of their other vehicles purchased that land.  
Commissioner Tobia asked if those investors have already received a return of 27.5 percent.  
Mr. Wasserman responded affirmatively.  
Commissioner Tobia stated so quite a bit of profit has been made, 27.5 percent is pretty good  
return.  
Mr. Wasserman replied, it’s a great return.  
Commissioner Tobia asked if Driftwood makes the most off of acquisition, lending, or  
development.  
Mr. Wasserman responded it is hard to say which one.  
Commissioner Tobia interjected it is on Driftwood’s website, and asked which one would he  
advertise is the highest.  
Mr. Wasserman stated from a risk adjuster, everything is risk adjusted.  
Commissioner Tobia stated he understands but asked again which one do they advertise as  
the highest is his question.  
Mr. Wasserman responded with, the one that has most risk.  
Commissioner Tobia asked which one.  
Mr. Wasserman replied the development fund.  
Commissioner Tobia went on to say, Driftwood made 27.5 percent on a lower risk, so Mr.  
Wasserman expects to make even more than that on a development one; and he asked if that  
is correct.  
Mr. Wasserman responded in the negative; he stated when this was purchased, it was  
purchased as a development asset; and it was always intended to be an asset that was going  
to be redeveloped.  
Commissioner Tobia inquired when this is advertised, what that number will be.  
Mr. Wasserman explained it depends on what the costs are at the time.  
Commissioner Tobia asked for a ballpark figure; he explained Mr. Wasserman is asking for $30  
million; and Driftwood is going to advertise to sell 90 percent of this.  
Mr. Wasserman stated yes, they are going to raise 90 percent of the equity.  
Commissioner Tobia responded absolutely he is sorry.  
Mr. Wasserman clarified they are not going to sell 90 percent of it.  
Commissioner Tobia stated he is a poor political scientist; and he asked what rate of return  
they will be advertising for that.  
Mr. Wasserman replied for most of their development assets, they advertise between 15 and  
20 percent.  
Commissioner Tobia noted it says 20 on the Website; and he asked if this $30 million will  
increase that 15 to 20 percent or have no impact on that 15 to 20 percent.  
Mr. Wasserman advised it will have an impact on that.  
Commissioner Tobia asked if it will cause it to go up or down.  
Mr. Wasserman advised by receiving money it will cause the impact to go up.  
Commissioner Tobia noted he did not know that and the reason he did not know that is  
because it could go into Mr. Wasserman’s pockets instead of the investor’s pockets; and he is  
concerned about that.  
Mr. Wasserman stated he wants to allay Commissioner Tobia’s concerns, the money is not  
going into his pockets, it is reimbursing marketing dollars that will be spent that they are  
providing proof to the County Manager’s Office.  
Commissioner Tobia noted they can play this game over and over; otherwise, the County is just  
picking up the tab; he asked to go to the next; his understanding of this business model is  
pretty nice; Driftwood purchased this for $23 million, invest the $14 million, which is no effort  
there, maybe they paid the architect a lot, he has no idea; and it is a total investment of $37  
million.  
Mr. Wasserman agreed.  
Commissioner Tobia continued by saying according to Driftwood’s numbers they are going to  
raise $346 million, so the total cost is $383 million; Driftwood is going to potentially get $30  
million from this Board, so their initial investment of $37 million is allayed by 30, cutting  
Driftwood’s cost down to $7 million; and what he gets as a profit on $7 million for 10 percent  
ownership of the $383 million dollar project, and those are Driftwood’s numbers not his, is a  
447 percent profit, and that is not the investors profit, that is Driftwood’s profits. He asked Mr.  
Wasserman if that is accurate.  
Mr. Wasserman responded it is not even close.  
Commissioner Tobia asked if it is higher.  
Mr. Wasserman responded in the negative.  
Commissioner Tobia noted those were their numbers.  
Mr. Wasserman advised he does not think some of those were their numbers.  
Commissioner Tobia advised Mr. Wasserman is right, some of them were from the Brevard  
County tax Collector.  
Mr. Wasserman stated no, he thinks some of the other numbers, particularly the ones in the  
red are certainly not from Driftwood.  
Commissioner Tobia inquired if he said he was going to be 10 percent ownership.  
Mr. Wasserman responded ultimately, yes.  
Commissioner Tobia stated he did 10 percent ownership of $38 million, and he did the math  
without Mr. Wasserman.  
Mr. Wasserman explained he thinks Commissioner Tobia is applying $30 million of a grant that  
potentially Driftwood will receive over 30 years.  
Commissioner Tobia stated this was with the intention that Driftwood gets the $30 million, and  
he does not know if he will because he hasn’t spoken with any else.  
Mr. Wasserman interjected Driftwood also is not getting that money today, it is getting it over  
30 years, as they spend it; and he thinks what Commissioner Tobia is doing is saying 10  
percent of $383 million is $38 million less $30 million and he is getting approximately $7 or $8  
million, which is what he did in the red box.  
Commissioner Tobia stated somewhere in that neighborhood; that is fair; only making $1  
million per year is not that good of a rate of return on $7 million…  
Mr. Wasserman interjected he thinks Commissioner Tobia is missing the $7 million.  
Commissioner Tobia asked to go to slide 12; and he noted this is the contract that Mr.  
Wasserman sent the County, appendix C.  
Mr. Wasserman stated it is Exhibit C, which is the organizational structure.  
Commissioner Tobia pointed out this is the one that says 90 percent, that Driftwood is going to  
sell off 90 percent; and he asked if that is correct.  
Mr. Wasserman explained again, they are going to raise equity that invests alongside of  
Driftwood for which Driftwood maintains complete control over the development.  
Commissioner Tobia stated this whole idea is about the County providing them with a grant for  
marketing; and he asked if that is correct.  
Mr. Wasserman commented it is a grant being reimbursed from the marketing fund that they  
are required to spend marketing dollars for.  
Commissioner Tobia asked for clarification that Mr. Wasserman is going to be in charge of the  
way this is spent.  
Mr. Wasserman responded in the affirmative. He noted that also gets approved after it is spent,  
by the County Manager.  
Commissioner Tobia inquired if he would be in charge of that.  
Mr. Wasserman advised they would be in charge of deploying the funds and they would also sit  
down with the County Manager and review a budget on an annual basis, such as an overview  
of how they are spending the dollars.  
Commissioner Tobia advised he is stretching this out for dramatic effect.  
Mr. Wasserman stated he appreciates that.  
Commissioner Tobia commented he does too. He went on to say the Board would be giving  
them $30 million for marketing.  
Mr. Wasserman stated it would be reimbursing $1 million per year for over $30 years for  
marketing dollars spent.  
Commissioner Tobia asked what the company is called.  
Mr. Wasserman replied, Driftwood.  
Commissioner Tobia exclaimed, they cannot even spell their name; look at the top, they have  
misspelled their own name; they expect this Board to provide $30 million and put in a contract  
where they cannot spell their own name; he asked how Mr. Wasserman can justify using $30  
million worth of taxes when they cannot spell their own name; he asked if Mr. Wasserman  
thinks it is responsible, forgetting about terrorist or the County providing a benefit to one  
business and not another, but how does he justify marketing; and he noted they have fancy  
lobbyists, a fancy attorney, but they cannot spell their own name and want $30 million. He  
asked if Mr. Wasserman wants to answer that.  
Chair Zonka advised she thinks people got the point.  
Commissioner Smith stated he is glad Commissioner Tobia never made a mistake.  
Commissioner Tobia commented, not on $30 million; if he was asking for $30 million he would  
say please and spell his name correctly; and he thanked Mr. Wasserman and advised he  
knows he did not prepare this, but did review it one way or another. He went on to say he thinks  
it is pretty clear where he is on this; it requires three votes and he thinks he is going to go down  
on this, but that makes each one of the other Board Members a king-maker; in other words if  
they were to say I think $30 million is inappropriate, and do $25 million, they have to accept it  
because it is $25 million or zero; and he wants the Board members to know they have that  
power. He added it still is not going to get his vote, but it does have that power. He went on to  
say, Mr. Baugher mentioned this, and before that Commissioner Smith was a strong proponent  
of letting the people vote, and he is going to go with that suggestion as a referendum; he is not  
arguing that because he was counting the people that spoke and it was 18:6 and he  
understands two of the 18 were paid; it looked like two or potentially three of the people that  
were against it were paid; he does not know the outcome but he asked why not give them the  
authority; this is a generational; and he asked why not put this out for referendum, it is  
something he would vote for as a happy medium; and he asked that the Board, at least at a  
minimum to add in that four and one-half star language.  
Commissioner Pritchett stated it is hard to follow Commissioner Tobia; she thought he did  
pretty well until the end; she was impressed with him maintaining; everybody has a difference  
of opinion and it is alright; it went a few places sometimes where people’s character was being  
attacked and she does not think that is necessary, as everyone sees things a little differently;  
by the time this is over, everyone is going to have to live together in the community with what  
they are trying to accomplish and what she is hoping is the best thing for the community  
moving forward; and she advised she is going to support this. She continued by saying first of  
all the project that brought to the Board about a year or so ago, she was not going to vote for it;  
it added too much potential for the County to have problems with the convention center going  
south, there was the COVID-19 stuff, and she was not going to put this County in a position  
where it would cost taxpayer money to try to work through any kind of crisis moving forward;  
she was not going to have the County build a convention center and have to maintain the  
responsibility of keeping it going through the future so that was out completely; she thinks a  
Westin is a game-changer for the community; no offense to Cocoa Beach, but it needs some  
love, the streets need help, but it is a beautiful beach; and people say Brevard County used to  
be a retirement town, but when she moved here it was not a retirement town, it was a kicking  
place and the place for young families to move; and she would love to see it to revamp some of  
these financial abilities moving forward. She went on to say the ability to raise revenues,  
tourism is so important for this County, and if there is good tourism coming into the area, it  
alleviates the pressure off the ad valorem to have to raise taxes; and she asked if she could get  
a specific number of what the value of this building is going to be as far as a tax base after this  
is completed. And she asked if it is going to be at least $350 million.  
DAD 1300 N. Atlantic Cocoa, LP Tourist Development Grant  
Mr. Wasserman responded in the affirmative.  
Commissioner Pritchett stated that is a substantial increase in the amount of taxes they will be  
paying to government entities which helps lower the ad valorem for the community; she is  
always looking at things in that kind of perspective; she grew up poor, and if there is a way to  
raise revenues and lower cost, they are always doing better as a community; she is always  
looking for investments that can come in that will help the community and bring more money  
and more funding; the same thing happened a while ago with Commissioner Smith when they  
brought in the Blue Origin project; it was different than what had ever been done before and  
they brought an investment; and she thinks the people thought that was just going to be a $500  
million investment and it has blown up to billions of dollars now. She went on to say it has  
brought in a lot more ability for companies to move in and really help the economy because she  
lived a horrible time with the recession that went on and everybody moved out; she is always  
looking for ways to keep investments coming into the community; she never loses her hunger  
on that because she does not want to live through it again because her grandchildren moved  
out of the state and she had to wait a long time for them to move back; the investments are  
important to her and the tourism dollars are very important; and that is what she loves about  
the tourism ability the County has in creating new sections of tourism coming in. She noted Mr.  
Malik made such a good point, Cocoa Beach does not have the ability to do anything else  
except tourism in that area; her hesitation is she really wants more stuff up in District 1, it does  
not have enough; it is frustrating to her because everyone wants to go to Cocoa Beach so this  
would have been my hesitation to try to put more pressure on a little more into North Brevard  
because that still needs to be done; she thinks the tax dollars still all go to Cocoa Beach and  
she thinks that might be something that needs to change in the future and better even  
distribution of those tax dollars and how they are being spent; and she does not think Viera  
gets anywhere near enough and they have USSSA. She added Palm Bay is at the bottom of  
the barrel down there, so she thinks those are things to look at in the future, but this is a great  
project. She stated it is almost $400 million being invested into the community which means it  
alleviates taxes off of senior citizens there because they will not have to do as much because of  
new construction; these other items come along and help boost the economy in the County;  
she is doing her best not to have an emotional opinion with it because when one gets emotion  
and money mistakes happen; she advised to just try to look at ROI with this, what is best for  
the community, and the best for the citizens; not one Commissioner is going to make a penny  
off of this, nor losing a penny off of this; she knows this is what the TDC board is comprised of;  
Florida Statute says they have to have a dog in the fight, but the most wonderful thing, because  
it comes to this Board for final approval, is it will be making the final decisions purely based on  
what is good for the community and Cocoa Beach; she will be supporting this; and she advised  
she wants to make a motion to approve when the Board is ready, subject to the County  
Attorney finding that the reimbursements are eligible and legal expenses, $1 million per year for  
30 years. She mentioned the 30-year period of time with this is an annuity, so they are really  
only giving them $15.7 million in present value money if that helps people, but this is a $400  
million project with an incentive for this community that she thinks in the long term is going to  
have a great impact on the community and people’s quality of life.  
Commissioner Smith thanked everyone for being in attendance; he respects each and every  
one of them; on this particular issue, he gets where people are coming from, but he has a  
different perspective; a lot of the people he has spoken with outside of Commission Chambers  
thinks that somehow their taxes are being affected, but they are not; it has been said before,  
but unless a private citizen has spent one night in a hotel or motel in Brevard County, none of  
his or her money is going to this project; this is tourism money, so it is not the people’s taxes, it  
is tourism taxes; when he first heard about this project, he reflected back to when he was a  
freshman at the University of Miami and the Fountain Blue had just been built, five or six years  
before, and he had not realized until he got there, that there were a lot of ragtag hotels on the  
beach that were built in the 20's, 30's and 40's, and the Fountain Blue was a game changer;  
and that turned the community and the economic situation in Miami Beach around. He  
continued by saying he foresees this project doing the same thing for Cocoa Beach and he  
thinks in 20 years people will see a whole different look to Cocoa Beach; he thinks that is going  
to benefit all of the business people; he heard a lot of the same arguments back in 2014/2015  
when the Commission was looking at Blue Origin; Blue Origin wanted to bring their business  
here, but the site that they chose needed about $8 million worth of site work, so they said they  
would bring Blue Origin to Brevard County, and promised 300 jobs at an average salary of  
$89,000 per year, which is somewhere around $30 million; as a business man he is looking at  
ROI and thought if it cost the County $8 million to get a $30 million ROI, that is pretty darn good  
return; but they heard all these same arguments back then, corporate welfare, picking winners  
and losers, they would come anyway, the Board does not have to give them anything. He  
mentioned that argument went out the door when about four years later, they were looking for  
property for their engine assembly plant; he met with Scott Henderson who is the Vice  
President (VP) of Operations at Blue Origin and he was informed Blue Origin was going to look  
for an engine assembly location; he told him there was five or 10 acres adjacent to where they  
were building the rockets, and if they were going to come anyway, that would make sense; he  
thought they were going to put that right there and the County would get the engine assembly  
building; and the VP of Blue Origin said Brevard County does not have a prayer because  
Greenville, North Carolina was offering them $17 million to bring that engine assembly plant to  
that area. He went on to say the next time they met he asked if that deal went through and was  
told no, that it fell through; he then thought Brevard County may have a chance and was told no  
again, and that Huntsville, Alabama offered $35 million; so it is pay for play; it is kind of like the  
Superbowl, it does not just wind up in Miami because they want to go there, it winds up in  
Miami because Miami gives them a lot of economic incentives to go there, or Los Angeles, or  
Minneapolis, or wherever else they want to hold the Superbowl; the Superbowl people just sit  
back and say, “show us the money” and all these cities step up and say if it comes to this town  
is will get this; and this is Superbowl, the County Commission wanted Blue Origin, and it has  
been $216 million in salaries that have come from Blue Origin in the last seven or eight years.  
He stated he would spend that $7 or $8 million every day, but at the time, the Board was the  
bad guys; he is going to be a bad guy again because this is going to be a game changer;  
sometimes people have to exit their comfort zone to encourage growth in the business  
community, to benefit the County in general, and in this particular case, he thinks it is going to  
benefit Cocoa Beach specifically; he gets it, when emotions get in the way of facts, emotions  
win, and that is what he hears on the street and on talk radio; people are angry because the  
Board is using their tax money to benefit this one business, which everyone already knows is  
not true; he thinks one of the things that is missing is people are comparing apples to oranges;  
and they are talking about hotels and motels that are on Cocoa Beach and that cannot be  
compared to a four-star or four and one-half star hotel, it is a whole different program. He  
mentioned someone said Elon Musk goes someplace, but he does not know where that is, but  
he can say, being in this job, he has rubbed shoulders with a lot people up the scale and they  
do not come here when they want to stay, they come for a launch and leave to go back to  
Orlando or someplace else where they can get a four or five-star resort hotel to stay at because  
that is the type of place that those kind of people, with that kind of money, want to stay; that is  
why this is a game changer and why people want to come here and fill up this hotel, hopefully,  
and the hotel owners in the audience are going to make a lot more money because they are  
not going to have competition from the International Palms any longer, there is not going to be  
a $100 room any longer; they do not have to compete with them because the scale is much  
higher now, so they can start charging more; they can start charging $200 or $300 per night  
and get it; hopefully, the people that the extra $3 million will generate with advertising impact,  
that is going to benefit everybody else; right now he thinks the International Palms only  
generates about $230,000 per year in TDT; if these guys start producing $2 or $3 million per  
year, that is a net gain, even if they get $1 million afterwards; and they are not getting that until  
they hit that $2 million mark, so there is a net gain there about $1.7 million per year in TDT  
money. He added TDT money is not going away it is going up, so he is obviously voting for it.  
Chair Zonka stated watching the TDC meetings over the past several meetings has been an  
interesting dynamic; she got to watch Ms. Young, who is a board member, not be allowed to  
ask the TDC Director a question because as Chair he wanted to keep staff out of this and  
although she is allowed to ask staff questions, Peter would prefer cover, she thinks were the  
words; the TDC for many years, and her current member that sits on the TDC has said he/she  
is controlled by a few folks that kind of manage those dollars; that was a constant criticism, not  
just as the board would get, they would also get by the newspaper, by other members  
observing what was going on there; therefore this Board changed up the board somewhat by  
not reappointing certain members, mixed it up a little bit; and as Commissioner Pritchett said,  
the Board could try to get a little more representation in the other areas. She mentioned yes,  
Cocoa Beach is the center of it all, it is always the biggest tax collector; but they still have to  
promote other areas of the County or how are those other areas going to benefit; and she  
advised the County needs to promote rocket launches, she does not want this area to be  
another Daytona Beach, she wants it to be a place that welcomes families to the area; as much  
as people like girls in bikinis, selling sex, and spending the marketing dollars that way, she  
would prefer that there was some other decision makers in this mix because she quoted  
straight from the May 25, meeting by a TDC board member, “you’ve all heard for years now,  
sitting on various committees, and in the last two years sitting on this board, that I don’t agree  
with how we market our area, we do it politically” and this is the TDC Chair, “we split it up and I  
do not actually agree with the representation for Westwood, excuse me, Driftwood, that would  
be great if we could all keep a portion of the bed tax and market our own properties. I’d be in  
favor of it, of doing it myself, because for political reasons, we split up the bed tax and how we  
market it”; again this is TDC board members who do not believe in their own marketing plan  
and believe that the TDC Director, who is professional, and she believes everyone would attest  
to that, there is an advertising and marketing committee that has said the Board is doing a  
good job with those marketing dollars, but this Board is still criticized; how does the Board vote  
against an entity having some control over just the marketing dollars; and that is after that pot  
of money, and she thinks it has been said multiple times, would strictly come out of marketing,  
it would not come out of the zoo, would not come out of programming. She mentioned all these  
other private entities are entitled to grants; the Board granted $100,000 to an air show that did  
not even justify where and how they would spend the money because it is an airshow and they  
generate all kinds of tourism; yes that is true, but what was not asked is what they were going  
to do with that $100,000; the Board said yes, and it was because it was pushed by the sitting  
Commissioner at the time that was on that board; and she thanked Ms. Young for having the  
courage to speak up against that and ask what was being done and how that money was being  
spent; she thinks it was maybe five or seven slides of them saying they donate to charity too,  
which their 990 said otherwise; and the Board has given money to that promoter of the air show  
twice; it’s $100,000 not $30 million but to say that they are perfect stewards of the TDC monies  
is just not fact; and by design that board is set up as a big conflict. She commented a board full  
of hoteliers who directly benefit and each one has its own direct benefit; she heard how  
Driftwood is criticized, it has the deepest pockets, the richest guys and she explained they are a  
group of investors, so to criticize them for coming up with a smart business model; she thinks it  
has been said that they have a smart business model; she would beg to say that a lot of people  
in opposition of this project, or in opposition of this proposal, probably make more money than  
any of those singular investors that are part of Driftwood; she is willing to take a good look at  
this because if the main players of the TDC do not believe that the board itself is doing a good  
job with the marketing, why not let this entity, and she would beg to say that Westin Resorts  
and their numerous hotels are probably pretty much experts on marketing themselves because  
they all want to make money as well; and she is okay with this because they are going to remit  
the tax back to the TDC. She added they need to show proof of advertising; they are going to  
advertise the Space Coast; the Board has a legal opinion from the sitting interim County  
Attorney, a legal opinion from the prior County Attorney, therefore she has faith what the Board  
is doing is legal; she has one last point; and she commented people talk about private entities  
benefiting and every time a grant is given to any entity for any project, any race, any air show,  
any tournament, all of those are more often than not, for profit or not-for-profit, which is a  
trickier way of saying for profit. She continued by saying that she does not like the  
misrepresentation; she does not like the campaign that was strictly just against this; she thinks  
it is kind of strange that Commissioner Tobia, with all due respect, suggested that the Board  
place this on the ballot when he is not going to support Environmentally Endangered Lands  
(EELs) going on the ballot for environmentally endangered lands, in all likelihood and that he  
would suggest that this go on the ballot; Commissioner Tobia also does not want the school  
board tax item on the ballot as well, so it surprises her that he would suggest to go to the ballot  
for this.  
Commissioner Tobia stated he is done arguing this; he appreciates it and knows where  
everyone is, he may not agree, but he respects everyone’s opinion on the Board and those who  
spoke; he just wants to go back to the whereas clause that he asked before; the sixth whereas  
clause says, “Grantee is proposing to construct a Westin flag hotel in the Brevard County  
market consisting of a new Westin Cocoa Beach Resort and Spa of approximately 800,000 feet  
of mixed-use destination resort, anchored by 4.5 star, 502 key hotel;” he just wants that in  
section 2.17; and he asked at a minimum, that Westin Cocoa Beach, all they have to do is add  
the minimum of 4.5 stars as rated by the Forbes Travel Guide or its successor; they are already  
guaranteeing it in its successor; and he would just ask that the current hotel has what they are  
guaranteeing in the successor. He mentioned the addition on 2.17 would simply be with a  
minimum of 4.5 stars as rated by Forbes Travel Guide or its successor, what they already have  
in 2.17; and he asked if he could place it on the overhead.  
Chair Zonka allowed it and commented she does not think anyone else has had the benefit of  
seeing it. She asked if someone from Driftwood would come to the podium and advise if they  
take issue with this.  
Mr. Wasserman advised they have absolutely no issue with this; it is actually incorporated by  
reference; if Commissioner Tobia wants it stated again, there is no objection to it; and he noted  
that it is incorporated by reference.  
Commissioner Tobia stated that is generous and kind of Mr. Wasserman after the way he was  
treated; and he greatly appreciates that.  
Chair Zonka asked if Commissioner Tobia is admitting he acted like a five-year old.  
Commissioner Tobia reacted by saying five-year olds can spell their name; and he again  
thanked Mr. Wasserman for keeping the Board on its toes; the Chair was 100 percent correct  
when she said they came up with a novel approach; hats off to Mr. Wasserman, he won this  
one; and he thanked him again for the change.  
Mr. Wasserman expressed he thinks this is a win for the County more than a win for him, but  
he appreciates that.  
Chair Zonka stated she knows this was talked about when she met with Driftwood last week;  
she looks forward to his participation in the community, as a member of the community, as a  
member of the Chamber, as a member of boards; and she thinks that would show that  
Driftwood is supporting the community because he is being supported by the tax.  
Mr. Wasserman expressed his appreciation.  
Commissioner Pritchett stated she wanted to mention Driftwood is going to be a larger investor  
to the area and that it might not be a bad idea to serve on the TDC board moving forward; and  
everybody come forth.  
Mr. Wasserman advised they would welcome the opportunity.  
Commissioner Pritchett stated one of the gentleman came up and she has been kind of toying  
around with the idea too, because there is so much discrepancy in how they spend marketing  
that; she knows it would not be pulled off today, it would take a lot of thought, but almost  
turning the marketing over to Driftwood for Brevard County and see what it could come up with.  
Mr. Wasserman stated they would welcome the opportunity to discuss that with the Board.  
Commissioner Pritchett advised she thought she would just have a little fun on that. She stated  
talking about recession, this has a built-in protection for Brevard County; if the County runs into  
trouble they are not going to get the money; it is really a good contract moving forward; and she  
wants to thank Driftwood for that. She expressed her appreciation to the TDC board for all they  
do; she mentioned it is not their fault that they are all hoteliers; it is kind of hard to have arm’s  
length transaction on business ideas when they are the sole person making money off those  
decisions, but this shows it works; it comes before an elected body that does not have financial  
interest to make decisions for the community; moving forward she is going to work on getting a  
little more diversity; she realized sitting up there she does not have any District 1  
representation; she will be working to make a few changes with that; and she is thankful  
Commissioner Tobia did not bring up taking all the money and putting it into roads from the  
TDC.  
Commissioner Tobia asked that whoever made the motion that it could contemplate the change  
that was agreed to.  
The Board approved the Grant Agreement with DAD 1300 N. Atlantic Cocoa, LP, subject to the  
County Attorney finding that the reimbursements are eligible and legal expenses, for up to  
$1,000,000 per year for 30 years, to include legislative findings that the Tourist Development  
Tax funds are authorized for this grant based on the facts specified in the agenda and grant  
agreement, pursuant to Section 125.0104(5)(a)3., Florida Statutes and Section 102-119(3)a,  
(5)a, (6)a of the Brevard County Code of Ordinances as this grant has as one of its main  
purposes the attraction of tourists as evidenced by the promotion, advertising, marketing, and  
attraction of tourists to the Westin Resort Convention Center venue, which marketing shall  
include references to Cocoa Beach and Florida’s Space Coast, as part and parcel of the  
promotion and advertisement of its project; and approved amending page seven (7), paragraph  
2.17, to include the language “with a minimum of 4.5-stars as rated by Forbes Travel Guide, or  
its successor,” after the word ‘hotel’ in the first line, and include the words, “minimum of a” just  
after the words ‘hotel with a’ on the third line of the same paragraph.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: Curt Smith  
Ayes: Pritchett, Smith, and Zonka  
Nay: Tobia  
Recess  
The Board recessed at 12:43 P.M. and reconvened at 12:55 P.M.  
I.2.  
County Attorney’s Agreement  
Jerry Visco, Human Resources Director, stated this is the County Attorney Agreement that at a  
prior Board meeting the Board had directed that the Chair, himself, and Jill Hayes, Budget  
Office Director, negotiate an agreement, if possible, with the prior candidate for County  
Attorney position, Mr. Morris Richardson; they had that meeting last week and they have  
reached a successful negotiation on that agreement; and they are back to the Board for its  
approval.  
Chair Zonka stated negotiations went very well; and she asked Mr. Richardson if he is satisfied  
with the agreement.  
Morris Richardson stated he is satisfied with the agreement.  
Chair Zonka asked if the Commission had a chance to review or if anyone has any questions.  
Commissioner Tobia made a motion to accept the contract as written with Morris Richardson as  
the new County Attorney.  
Chair Zonka commented Mr. Richardson was her first choice from the beginning; Abby  
Jorandby was great when she was there so that is not a knock on her; she knew the talent,  
honesty, and integrity of Mr. Richardson; she looks forward to working with him; she promised  
that every meeting is not like this one; sometimes the Board gets a little squirrelly but for the  
most part the Board is pretty easy to work with; and she congratulated Mr. Richardson,  
mentioning she thinks this is a perfect fit for him and for the Board.  
Mr. Richardson quoted Theodore Roosevelt by saying, “Far and away the best prize that life  
offers is the chance to do work, work hard at work worth doing”; he thanked the Board for the  
chance to work hard at work worth doing, at the County; he is grateful for the opportunity and  
excited to once again serve the Board and people of Brevard County; right now he serves the  
City of West Melbourne in his remaining time there; West Melbourne has an amazing city  
council, a talented committee staff, and he is very thankful for the seven years of good work  
they were able to do together; he looks forward to rejoining Frank Abbate, County Manager,  
and the awesome Brevard County government team; and to Christine Schverak, Interim County  
Attorney, the dedicated staff in the County Attorney’s Office, and the attorneys there, he is  
ready to go.  
Commissioner Zonka asked if it is September 1.  
Mr. Richardson advised it is September 5.  
Commissioner Pritchett stated that Mr. Richardson was also her first choice; he interviewed so  
well; he knows the law and communicates well; she is very excited to have Mr. Richardson on  
board and in this position; Abigail Jorandby did great and she hopes she is doing well in her  
new job opportunity; she thinks Mr. Richardson is going to help bring this County to a whole  
other level; she thinks Christine Schverak is doing a great job because she was thrown into the  
fire quickly; and she advised Mr. Richardson to be studied up and ready to hit the ground  
running.  
Chair Zonka remarked that understandably Mr. Richardson will probably be consulted on some  
level from West Melbourne as they transition their new attorney in and have issues to deal with;  
and there is no doubt Mr. Richardson will be a little busier in the beginning because he will be  
trying to balance and juggle both but, she knows he will be up to the task.  
Mr. Richardson stated he appreciates that leeway to help West Melbourne transition in every  
way possible.  
Commissioner Tobia noted that he and Commissioner Smith were wrong and more importantly,  
the women were correct; he just wants to make the point that Commissioner Smith and himself  
were wrong in selecting; they selected a woman and they were still wrong; and he does not  
think there is anything he and Commissioner Smith can do, but he is happy where the Board is  
now and he greatly appreciates Mr. Richardson coming back. He added he looks forward to  
working with Mr. Richardson.  
Commissioner Pritchett stated if Commissioner Tobia and Commissioner Smith would just vote  
with the women, she does not think they would have any problems moving forward.  
Commissioner Smith stated that is wise counsel and a lesson learned; he had a long  
discussion with Mr. Richardson after the decision was made to pick Abigail Jorandby and they  
were on the same page; and he is glad Mr. Richardson is back.  
Mr. Richardson noted the Board made a great choice before with the best information it had  
and he is just grateful for the opportunity now.  
Chair Zonka stated to give them a little cover, she does not think it was an easy decision for  
them, even though they were incorrect, she thinks it was a difficult decision for them; it was not  
like Mr. Richardson was so far their second, it was a difficult position for them to be in as well;  
and she once again congratulated him, stating the Board and the County are the winners.  
The Board considered and approved the County Attorney’s Agreement.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
County Attorney’s Agreement  
Chair Zonka advised that with this Commissioner Tobia had some desire to get the County  
Manager’s contract up to par with the average, based on the population and the tax base; and  
if the Board is agreeable, it can work with Human Resources Director to bring back a revised  
contract for the County Manager.  
The Board directed Commissioner Tobia to prepare a revised contract for the County Attorney,  
based on the average of the population and the tax base, and to bring the contract back to the  
Board at its next meeting on August 2, 2022.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
County Attorney’s Agreement  
Commissioner Tobia stated it is either going to come from one of the Board Members, or the  
County Attorney’s Office, or the County Manager’s Office; it might look a little self-serving if it is  
coming from one of the other two; and he asked if the Board thought it should come from one  
of the District offices.  
Chair Zonka responded it could.  
Commissioner Tobia stated the Board is not putting it there and is directing staff to do it.  
Chair Zonka asked if Commissioner Tobia wants to place it on the Agenda.  
Commissioner Tobia stated he would be more than willing to; he will support it whoever does it;  
and he just does not want to put staff in an awkward position that they are putting on a raise for  
themselves or their boss; and he will be more than willing to put it on the Agenda next week.  
Chair Zonka stated she thinks there is some legalese that Mr. Richardson had in his contract  
and it would probably be the annual salary, or just mainly the two main points.  
Commissioner Tobia thanked Chair Zonka.  
J.1. Approval, Re: Donation and Capital Contribution Reimbursement Agreement For  
Fire Station 49 with The Viera Company  
Tad Calkins, Planning and Development Director, stated this is a request for the Board to  
accept and authorize the Chair to execute a donation and capital contribution reimbursement  
agreement for Fire Station 49 between the Viera Company and Brevard County; this  
agreement obligates the developer to provide property and for the cost of construction of the  
Fire Station along with the equipment and the apparatuses required for that station, which  
Brevard County will reimburse the developer with fire impact fees in the amount of $2,635,876;  
this obligation allows the satisfaction of the Viera Development of Regional Impact (DRI)  
development order condition 101; staff has found that there are two scriveners errors and he is  
asking the Board to incorporate to correct. He noted the first one is page 21 and they had Abby  
Jorandby as the County Attorney and he has made the correction now for Christine Schverak,  
Interim County Attorney and then the second one is on exhibit I, where he is asking for the  
inclusion on the heading to say “budgeted amount” which ties it back to page 15, Section 8 of  
the agreement; and he is happy to answer any questions.  
The Board executed and accepted the Donation and Capital Contribution Reimbursement  
Agreement for Fire Station 49, with The Viera Company.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
J.3. Discussion: Brevard County Public Schools Athletic Fields  
This item was previously tabled at the July 12, 2022 Board Meeting.  
Commissioner Tobia stated he wants to make it clear he is not advocating for shutting down  
these athletic fields or cutting park access one bit; these fields will continue to exists for public  
uses regardless of how the Board votes in the future; any and all realized savings, his  
intentions are for that to stay with parks; funds will be used to update and improve the facilities  
that the County is directly responsible for; and he thinks it is important to understand, first and  
foremost, that the County has numerous parks and 68 vacancies currently in Parks and  
Recreation Department. He went on to say employees are tasked with maintaining the Brevard  
County Public School (BPS) athletic fields and could be tending to the County’s own parks and  
filling some of those voids that they have due to low staffing; in October 2018 he made a  
mistake of voting for a five-year extension on a joint use agreement between Brevard County  
and BPS regarding the eight athletic fields that were mentioned in the Agenda report, Gibson  
Complex, Jefferson Middle, Tropical Elementary, Hoover Middle, Audubon Elementary, MILA  
Elementary, Gemini Elementary, and Suntree Elementary; four years later he is only slightly  
wiser and realized that this was a drain on County resources; and the Agenda Report in 2018  
showed the estimated fiscal impact was $704,000 annually, however in 2021 the fiscal impact  
had grown to $801,647 with an additional $350,000 spent in capital expenses. He continued by  
saying he is not trying to pull a fast one on anybody, he is not even going to make a motion at  
the end of this; he would just like to get the temperature of the rest of the Board; he would like  
to bring this back in October when the agreement is 12 months out from expiring so both  
parties have plenty of time to make any necessary changes should the Board decide not to  
extend this agreement; this will also give the recreation partners over a year to enter into  
agreements with BPS, according to Representative Randy Fine Brevard County Public Schools  
is seeing an additional $24.2 million increase to offset $10.4 million increase in retirement and  
the $15 per hour impact; and at the same time over the past four years, the student enrollment  
has actually declined. He added most importantly, Brevard County Public Schools is not subject  
to the same cap that we are, so to be very clear, the County does not have the staff in order to  
maintain Brevard County parks, as well as the parks of BPS; and he would like the full focus to  
be on the parks that the County is solely responsible for and thus give BPS ample time to make  
arrangements so they can take over those fields. He reiterated he is not advocating cutting one  
penny from parks or one Full Time Employee (FTE); he stated he is sure many people have  
heard certain parks in certain districts are in need of a little love and this is a way that the Board  
could not increase taxes, but just focus the labor on the parks that the County is solely  
responsible for. He mentioned he just wanted to hear where everyone was on this; this is  
$800,000 per year, so there could be a pretty tremendous impact on the many parks that  
people enjoy in Brevard County; and the last thing he wanted to do was to blind side another  
taxing authority so they have time to make plans.  
Chair Zonka stated as far as these parks go, there are school parks and the County has  
agreements with them, she asked if this is to support the leagues.  
Mary Ellen Donner, Parks and Recreation Director, replied that is correct.  
Chair Zonka asked if the schools are using these fields or if it is the leagues.  
Ms. Donner advised the schools are using them during school operating hours and the leagues  
are using them after hours, Monday through Friday and on the weekends.  
Chair Zonka inquired what Ms. Donner thinks happens if the County stops maintaining those  
fields, what will happen to the leagues. She inquired if the leagues will then start shifting to  
other parks that are not school parks; and she noted she is not sure how the County supports  
the leagues.  
Ms. Donner responded she is not sure.  
Chair Zonka asked again what Ms. Donner thinks will happen if the County stops doing this.  
Ms. Donner advised there could be a couple of options; they might negotiate with the school  
directly or they might look to go to other parks that the County has; and the County really does  
not have any space in its parks.  
Commissioner Zonka asked if the County receives any funding from the leagues.  
Ms. Donner advised they pay light fees for the lights they use and the electricity.  
Commissioner Zonka opined the County is not profiting off of that.  
Ms. Donner responded affirmatively.  
Commissioner Zonka added that is used towards the maintenance.  
Ms. Donner responded affirmatively. She stated it is a pass-through cost.  
Commissioner Zonka stated she knew the answers to some of that she just wanted to hear Ms.  
Donner say it as well.  
Commissioner Pritchett stated the question she has if the Board is looking to make some  
changes to this is, she would want to know what area each of these schools are located in,  
what type of activities there are having, and how many different children are affected; she  
remembers with the conversation she had yesterday that Ms. Donner said it was about 3,100  
children altogether; these are things that are going to weigh into it; she asked if the school  
gives the County any funds to keep these maintained or if that is just the County’s trade out for  
being able to use this for park activities.  
Ms. Donner advised the school does not provide any funding for the County to maintain these  
facilities.  
Commissioner Pritchett asked if the County has to give the school any money to utilize these  
facilities for the park programs.  
Ms. Donner replied, no.  
Commissioner Pritchett asked if the Board is trying to get some data of where these schools  
are located, because she sees Gibson and that is kind of in a target area in her community and  
she happens to know that complex is heavily used by children; that is going to be a real tough  
one for her to not make available to the children for what the Board does; she spent a lot of  
time out there with the kids; and then the cost that Ms. Donner thinks would break down to  
each one of these and how many kids the County is actually servicing for the area; and if it is a  
good partnership with the school she is probably okay with it; and she advised this is the data  
she will be looking for.  
Chair Zonka stated probably where the question lies is where does the burden of that fall; and  
she asked does it fall with the school board who has the field or does it fall with the Board.  
Commissioner Pritchett interjected by saying because the County is using it.  
Chair Zonka asked is the County using it if it is the school’s field; and the question is who  
should be supporting those leagues essentially.  
Commissioner Tobia stated he will ask a question he does not know the answer to; he asked of  
the phone calls Ms. Donner receives, the complaints, do they tend to be the Brevard County  
Parks or do they tend to be these parks right here, as far as disrepair, not maintaining them to  
a decent standard; and he asked what the volume is of those calls.  
Ms. Donner advised they are probably equal.  
Commissioner Tobia went on to say that is good; he noted there are eight parks listed and  
asked how many parks Brevard County has.  
Ms. Donner responded there is 117.  
Commissioner Tobia stated so eight parks generate about the exact same amount of traffic to  
her office as the 117 other parks; he is not going to public records request her statement, but  
he asked if that was fair to say; and he reiterated is fair to say a disproportionate amount.  
Ms. Donner responded that could be a fair statement but those fields are used more, so in  
there lies the difference.  
Commissioner Tobia stated in the complaints he has heard, actually one of these happen to be  
located in Chair Zonka’s district, but parents are having concerns about how the fields are  
maintained and these are recreation fields, not tournament fields, so they are just not up to the  
standards that they would hope which puts the County in a tough position because it is very  
difficult for the Board to make a capital expense in a park that is not the County’s; and he  
commented people would not add an addition onto a house that he or she was renting, it just  
does not make sense.  
Chair Zonka asked if he was talking about Hoover.  
Commissioner Tobia confirmed he was talking about Hoover; he stated the County spent about  
$350,000; and he asked for confirmation.  
Ms. Donner responded they spent $350,000.  
Commissioner Tobia continued by saying the County spent $350,000 on sod; and he asked if  
that cleared up the situation.  
Ms. Donner advised it was sod and irrigation.  
Commissioner Tobia reiterated that cleared up the situation; and he asked if that was correct.  
Ms. Donner responded it is still growing, but they are anticipating that it will alleviate that  
situation.  
Chair Zonka stated she thinks the school board’s position is they are not using those fields, it is  
the County using the fields.  
Commissioner Tobia stated the County is using those fields because it has contracts with the  
leagues but those same individuals can have contracts with the schools.  
Chair Zonka stated she understands what he is saying; and she is not saying she disagrees,  
what she is saying is that was sort of, or at least the impression she had was that the leagues  
are using the fields, the school does not use them at all.  
Commissioner Tobia stated his whole thing, and he said it at the beginning, he does not want  
to take any of this money and cut taxes; he does not want to take any of this money and build  
roads; he wants to take this money and put it into the parks that are property of Brevard  
County; and he mentioned he does not want to move one FTE, not one dollar. He continued by  
saying he wants to be able to say to those parents that he understands their concern; that is a  
Brevard County park and he can call Ms. Donner and say maybe some capital expense could  
be placed on that, sunshade, new gym equipment, or whatever the case may be; if is very  
difficult when a parent calls and one has to explain to them, that a park belongs to BPS, but the  
County maintains it, it gets very complicated; his intent was that Brevard County manages the  
117 parks that it has, and BPS, that has a one-half penny fund for capital expense, that they  
maintain their parks; if they want to charge, the more power to them, but it just doesn’t make  
sense for the County to make capital expenses on land that is not Brevard County’s; and he  
reiterated people would not do it as renters and he does not think the County should do it as  
taxpayers. He reiterated once again, this is not cutting anything; he noted public schools can  
pick up the tab in order to do that; it is $800,000; and they have a budget of well over $1 billion.  
Chair Zonka mentioned that is Commissioner Tobia’s best argument that is not the County’s  
capital, it is theirs; and she is willing to look at that.  
Commissioner Smith commented he is willing to look at it, but when listening to Commissioner  
Tobia he is thinking, and to use his analogy, if one is not paying rent on the house, because he  
used the analogy if someone is renting he or she is not going to pay to put an addition on a  
house, but the County is not renting the fields, all it is doing is using the fields so it is a user  
fee.  
Commissioner Tobia asked if that is exactly what rent is.  
Commissioner Smith commented it is a user fee, and that is really what is being done here; and  
if the user fee is not paid then the County does not get to use the field.  
Commissioner Tobia stated his argument is that those individuals can contract with Brevard  
County Public Schools for that user fee; and he thinks the County is stuck in the middle.  
Commissioner Smith asked if Commissioner Tobia is suggesting that the league should cover  
that $800,000.  
Commissioner Tobia advised or Brevard County Public Schools; they have more than a billion  
dollar budget; the County has 117 other parks to maintain; he reiterated this would stay 100  
percent in Brevard County Parks and Recreation, hopefully; he is not planning on moving one  
penny anywhere else, he just wants to be able to say that Brevard County Public Schools will  
manage their parks and the County will manage theirs.  
Commissioner Smith asked if the $800,000 being mentioned annually is a hard and fast  
number year after year or is this just takes into account the $300,000 that was spent on the one  
field.  
Ms. Donner responded that $801,000 does not take into consideration the $350,000 capital  
improvement at Hoover.  
Commissioner Smith asked if the County is paying $100,000 per field basically, if it is only  
running eight fields.  
Ms. Donner responded affirmatively.  
Commissioner Smith asked what the County is paying for the other 117 fields that it operates.  
Ms. Donner responded not all the other parks are athletic fields, they are passive or active  
parks, they are parks like Viera.  
Commissioner Smith added with boat ramps and things.  
Ms. Donner advised it varies.  
Commissioner Smith noted it is something to think about.  
Commissioner Tobia advised this does not end until October 2023.  
Ms. Donner clarified October 13, 2023 is the contract with the school district.  
Commissioner Tobia advised he thought it would only be fair if the Board is going to say to  
Brevard County Public Schools and not drop it at the last second.  
Ms. Donner stated there is a provision for 12 months’ notice.  
Commissioner Tobia explained he does not want to end it early; he voted for this and he  
wanted to give Brevard County Public Schools, in October should the Board go through with  
this, a full year to make that transition; and he is not asking for a vote, he was just asking to  
see where the Board is on this.  
Chair Zonka stated she is happy to look at it.  
Commissioner Pritchett asked if the County were to pull out of this area, does it have other  
fields that these children would be able to move into for activities.  
Ms. Donner responded, not at this time.  
Commissioner Pritchett stated something to consider is if Brevard County Public Schools said  
they would not do anything outside of school hours.  
Marcus Herman stated he recognizes this is just a discussion and he appreciates some of the  
questions the Board is asking because those are some of his concerns; there is one thing he  
thinks is missing here, as a taxpayer in Merritt island, he believes there was a referendum back  
in 2000, and the taxpayers in Merritt Island overwhelmingly voted to redo these parks and pay  
for the maintenance in perpetuity, and they are still paying that tax; he does not believe that tax  
goes away until 2026, at the earliest; with that said, in his mind, to then take the responsibility  
of up-keeping these parks and giving that to the School Board and then keeping that tax from  
the Merritt Island residents and use it anywhere in District 2, he thinks that is a  
misrepresentation or a misuse of their tax dollars; as a person who has spent a lot of time  
volunteering, he ran a 500+ soccer league as president of the league and what he sees  
happening is the School Board having to come before these different organizations; and MILA  
is big baseball and Lassie League, Jefferson, or Pop Warner football. He continued by saying  
these leagues struggle to find funds and what is going to happen is the School Board is going  
to ask for more money to take care of them; if the County is not taking care of them, the people  
of Merritt Island are not going to pay for them any longer; and they will pay more, which in turn  
is like a tax to the same people that have already decided they wanted to pay that tax in the  
first place. He noted he cannot speak to all the parks, but he can speak to the ones in Merritt  
Island specifically, at least those couple there that they paid specifically for those parks for a  
reason, and it is for such leagues for the youth to be able to grow; and he would request that  
the Board consider these points and deny this plan or get a lot sharper with it.  
Janice Scott thanked Commissioner Tobia for bringing this up because it sort of feels like a  
follow-up from one of her previous comments; she is not for or against any of this, but she feels  
that the public deserves transparency; these interlocal agreements are created in the dark ages  
and they seldom come to light, even to the extent that they have been discussed this morning;  
and she asked if the taxpayers of Brevard County own Brevard County Public School property,  
because people are treated like they are not taxpayers and own the School Board properties;  
and she would say that this is just the tip of the iceburg because what she intended with her  
initial comments two or three months ago was just for public enlightenment. She commented  
for example municipalities, Cocoa Beach spends a tremendous amount of money, well back in  
the day, 30 years ago maybe, the interlocal agreement was to take over all the School Board  
athletic fields and they have been maintaining them for 30 years; this past year is the first year  
that they were given a dime toward maintaining those fields; the taxpayers get taxed more than  
once for the same thing; they pay Cocoa Beach, Cocoa Beach transfers money or monetary  
value to another taxing authority, and she is against that; about 10 years ago, the two  
elementary schools needed playground equipment and the School Board said they had no  
money, and Cocoa Beach taxpayers paid almost $100,000 for complete playgrounds for two  
elementary schools; and she just thinks the school board has taxing authority and they should  
collect the money, pay their own bill, and then sort it out after that.  
Chair Zonka inquired if Commissioner Tobia needs direction, or if he is asking for something  
specific; she thinks he has the consensus that it is at least something that the Board should  
look at.  
Commissioner Tobia thanked staff and noted he did not want Ms. Donner to have to go through  
all this stuff if there was not Board support; he advised the Board members will do a little more  
research and get stuff back; maybe have some dialogue between Mary Ellen and the school  
board to find out if they are steadfast in saying absolutely no; he hopes that is not the case; and  
maybe Ms. Donner could provide some direction as to which parks and where they would be to  
take off any concern. He mentioned he does not know that taxing authority; he would hope that  
these resources would go to the districts that they were located in so the close parks would  
receive the funds; he is not trying to centralize this $800,000 in District 3 by no means; and he  
would want it to stay in the same area, he would just rather see it spent on Brevard County not  
Brevard County Public Schools.  
The Board discussed the contract related to the eight Brevard County Public Schools athletic  
fields, but took no action.  
J.5. Repealing Resolution 18-040, the Implementing Legislation for the Property  
Assessed Clean Energy (PACE) Program in Brevard County  
This item was previously tabled at the July 12, 2022 Board Meeting.  
Commissioner Tobia stated he has an issue with Property Assessed Clean Energy (PACE) and  
asked the Chair if he would be allowed to go through some of the issues with the PACE  
Program that was approved by the Board.  
Chair Zonka commented as long as he does not talk about terrorist or spelling.  
Commissioner Tobia noted there are no terrorist on this; on March 2018 the Board passed a  
Resolution enacting the PACE Program by vote 4:1; having seen plenty of issues with the  
program since 2018 he attempted to repeal the PACE Program in July 2021 due to some  
consumer protection concerns; Commissioner Pritchett wisely stated, “If a person has to take  
out a tax lien to do something because nobody will give them a loan, it kind of shows they  
cannot pay it back” and she went on to say, “Voted for this last time, wished she had not, will  
not support continuing doing this”; during the same meeting Y Green representative Kate  
Wessner agreed to a six month period to develop and implement adequate consumer  
protection of the program; their own PACE lobbyist agreed, saying “if in six months people are  
still being deceived then this program might need to be reconsidered”; and he reiterated that  
was their own paid lobbyist. He continued by saying he is disappointed to say no legislative  
action has passed to better protect citizens from the PACE Program; he asked for this so this is  
on his shoulders and his inaction and trust of the industry have had some deleterious effects on  
some people; and he has some slides so that people can see what is hanging over his head;  
he explained this first one was an elderly widow, filed on her taxes, asked for an HVAC  
replacement and that cost $15,316 on the value of a home of $34,000, therefore, it was 44  
percent of the value of her home and her tax bill went up 155 percent; on the right hand side is  
the lien process and there will be an issuing of a tax certificate, and if this continues this elderly  
widow will be out of a house because of this PACE Program; and again that is because of his  
inaction. He went on to say his point is this happens quite a bit; this is a disabled veteran who  
decide to get some solar PV, unfortunately that solar was $51,606 and the value of the home is  
$201,000; in other words, the solar was about 26 percent of the value of the home; and the tax  
bill went from $1,696 all the way up to $3,288, an increase of 93.85 percent.  
Commissioner Smith inquired if it states how many panels.  
Commissioner Tobia stated no it was not on the contract, but anyway, the issuing of a tax  
certificate is this step; next, a disabled citizen had an attic insulation and duct system; the  
project was $23,605 and the value of the home was $128,000, which means it was 18 percent  
of the home’s value; the tax bill increased 74.38 percent and it is past the issuing of a tax  
certificate; the owner will most likely or potentially could lose the house in the next 12 months;  
and he reiterated this is because of his inaction. He stated this is a District 1 citizen and this  
one is kind of interesting; they received a PACE loan on some energy efficient shingles and  
what is interesting about energy efficient shingles is according to the website they last 15  
years, but the annual PACE assessment lasts 30 years, in other words, they will paying 15  
years for shingles that are no longer good and they will have to get replaced in order to get  
insurance; the overall project was about $30,000 and the home value was $84,000, in other  
words these shingles were 36 percent of the home’s value; the tax went up 109 percent, but  
they are energy efficient shingles; he looked up the annual savings of energy efficient shingles  
and it is anywhere from $70 to $150 per year; therefore, this person will save $2,000 on energy  
efficient shingles, but will end up paying $30,000. He added that was a good salesman there,  
but either way, unfortunately, there is issuing of tax certificates on this one. He explained the  
next one is in District 5 for windows; he knows they are expensive but this blew him away; this  
is a nice house in District 5 and the project cost was $134,811; this home value is $360,000, in  
other words 38 percent of the home is windows; he has built a few houses in his time and  
windows are expensive but they are not 38 percent of the home’s value; this is where this gets  
scary, the tax bill increased from $4,400 to $14,000; this person has a tax bill that went up  
221.87 percent; this house has a $360,000 value and a tax bill of $14,167 and an issuing of a  
tax certificate will be going up; and what is extremely important is, remember this is attached to  
the tax statement, this is not going bad on a loan, it is attached to the tax bill so these people  
will lose their homes; and if that was not bad, he has a non-profit Christian Church that got a  
PACE loan of $65,000. He went on to explain the value of the structure is $125,000, in other  
words it is about half; this is all new assessment, so it is $1,665 from $0; this is a church that  
will be going under and people will not have a place to worship; he reiterated once again this is  
on his watch unfortunately; this last one is a District 3 resident and the total PACE assessment  
for the solar PV on this house was $53,149 and the home value is $111,000, almost half of the  
home is solar; it is too late on this one, the owner has lost the home; these are decisions that  
came about because of his inaction, and he can’t fix the past; he trusted some highly paid  
lobbyists and now some folks are out of homes and it is his fault; and he just does not want this  
to go forward. He continued by saying it is not just him, the Truth in Lending Act which applies  
to mortgages and other large financial agreements, does not currently apply to PACE; Fannie  
Mae, Freddie Mac, and FHA will not even finance mortgages for homes with PACE loans; the  
consumer protections that Y Green previously identified as being in place, have shown to be  
insufficient and ineffective by the National Consumer Law Center; the National Consumer Law  
Center particularly opposes the way in which PACE administrators target low-income  
households; as the Board saw, there are a number of houses that are below that $120,000  
threshold; and the bad part is this is not unique, at a more local level, Hillsborough and  
Hernando County have both ended their PACE Programs because of this lack of consumer  
protection. He stated according to the Brevard County Tax Collector, as of June 2, 2022, there  
are 31 delinquent accounts in Brevard County alone; this consists of 24 separate consumers,  
six in District 1, two in District 2, nine in District 3, one in District 4, and six in District 5; 70  
percent of PACE loans in the State of Florida are used for hurricane mitigation measures which  
do not provide homeowners with a cost saving measure that PACE usually advertised; the  
majority, as the Board saw, are for roofing or solar; and non-ad valorem PACE assessment in  
this County range anywhere from $765, and this is per annum, to over $6,700. He noted he  
could go on and on, but due to overwhelming risk to consumers and the lack of accountability  
from PACE administrators, he would urge the Board to repeal the PACE Program; in order to  
do that the Board has to adopt a motion which was attached; it repeals Resolution 18-040,  
regarding the PACE Program and directing the County personnel to take any necessary steps  
in furthering the purpose of the said Resolution; there are three or four of these companies;  
they were each given a Resolution, so the one that he has would do away with any of them;  
and he thinks the contracts require 60 or 90 days that is included in this sort of contract. He  
added clearly, they were not interested in consumer protection; this is all on him because he  
was the one that believed there would be consumer protections in place and the Board can see  
the results of his inactions; and he will be more than willing to answer any questions or provide  
specific data on any of the ones that he just mentioned.  
Commissioner Smith noted he does not think it is on Commissioner Tobia, he thinks it is on the  
people that signed the contracts; how can someone be in house and have some salesman  
come by and sell them solar panels for $50,000, when they can buy a 15,000 watt unit for  
about $15,000; there has got to be some responsibility for the homeowner; if people are that  
lax or that trusting, and he is guessing from the looks of the houses, most of these people were  
over 50; he inquired how someone gets to be 50 years old or older and not make responsible  
decisions; and he is not saying that Commissioner Tobia is wrong, but that is what raises  
questions for him. He mentioned the windows, if they had Anderson Windows and it’s a  
$300,000 house, that is probably about the right number, but they are 30-year windows.  
Chair Zonka responded she thinks that number is a bit high on the windows because she has  
them on her house.  
Commissioner Tobia stated Commissioner Smith brings up some very valid points and if this  
was a traditional mortgage he would be 100 percent correct or even a second mortgage, but  
the only reason PACE is allowed to act in Brevard County is because this Board allowed them  
to act in Brevard County; if it would not have been for the Board’s actions, these people would  
not be in these situations; this came before the legislature and he voted against it and it came  
before the Board and he voted against it; he just wrongfully believed in the paid lobbyists who  
said they would put some consumer protection in and they claim they tried, but they did not get  
anything at the Federal level; and the Board saw the major lending institutions will not do it,  
they did not do it at the State level and they did not do it here. He went on to say for the  
reasons of the people that will not be in homes right now, he has to ask that this Board do away  
with this because it was this Board’s inaction, this Board allowed this; the legislature was smart  
enough to say they were not going to do it across the State, the County has to make a  
determination that it wants these people to act in the area; the Board decided yes, and this is  
the outcome; and he hopes the Board can fix it now by passing this resolution, saying it got  
duped and the Board is sorry to those folks. He added in fairness, one of these organizations  
reached out and asked for the information so they could get with the homeowners and all that,  
which he thinks is a little weird because all that stuff came from public record; if they were all  
that concerned about this, they would have reached out to the consumer not to him as a policy  
maker because there was a threat of the program ending; and he reiterated he could go on and  
on, and while he does go on and on, this is the outcome of it, and he hopes the Board can fix  
that today.  
Commissioner Pritchett stated she just wants to start with this, when she was in her 20’s she  
bought a few bridges, so she was one of those that used to get easily duped into things,  
therefore she does not know about the 50-year old home owners that Commissioner Smith  
talked about; she is thinking people learn as they go forward; she does not like this plan for  
residential as she thinks it had a lot of consequences because it trumps mortgages; she has  
heard from some business owners and they already have some things in place, so she would  
consider removing this off of residential and then working with the business community  
because obviously, they are able to figure out what they can afford and cannot afford as far as  
PACE; that will be her compromise on this today; and she is interested in hearing what the rest  
of the Board has to say or if there are any comments towards that if that were to be the moving  
forward motion.  
Commissioner Tobia stated he hates when Commissioner Pritchett comes up with great ideas  
that he had not thought of; he is only concerned about the Church because he thinks the  
church may fall; he asked how the church would have fallen out of that or if there is a way; he is  
not thinking about new construction, if big builders want to do this, although he does not  
understand it, he will look into it; but he asked where the church would fall with this.  
Commissioner Pritchett advised that churches have a board consistent with typically five or six  
families; they are not-for-profit corporations so she does not know what to do with that even in  
some particular businesses; if he wants to turn it off for all non-profits that would be fine too  
because then it is running the risk of other people that give towards an entity that might not  
have a say in it; and she noted she would be fine with removing it for not-for-profits as well.  
Commissioner Tobia advised he could not find any large ones that were in default so for  
consumer protection he would certainly support that as a compromise.  
Chair Zonka stated she finds it interesting that not a single PACE person is in attendance; that  
is very telling because it is one thing to be a little afraid of Commissioner Tobia and his threats  
of terrorism; but she is surprised no one is there to defend it.  
Commissioner Smith stated to the Chair’s point, he just received a text that was sent to his  
office stating to let him know that they thought the meeting started at 5:00 p.m. like last week,  
they are all enroute but will not make it on time, and that they are sorry for the confusion; and  
he was wondering himself because they reached out to his office and they were telling his  
office that they have some commercial uses.  
Chair Zonka asked if he had one company that wanted to come out and defend the PACE  
Program, because she doubts they are all rallying at a conference; she is not happy with how  
this has turned out; the numbers Commissioner read scare her a little more; she thinks it is sort  
of predatory lending and people could lose their homes because of it.  
Commissioner Smith interjected by saying it certainly looks like there is no oversight.  
Chair Zonka continued on to say if the legislature wants to come back and put some significant  
consumer protections, the Board can put it back in place for all she cares, but as it stands right  
now, she thinks they are taking advantage of low-income, poor and elderly people; and  
$134,000 for impact windows, that is not a mansion in that picture and that is a lot of money; it  
is double what her home cost.  
Commissioner Smith asked why people would not shop.  
Chair Zonka explained often times these companies participate in PACE.  
Commissioner Tobia asked where Chair Zonka is with giving the commercial the ability to do  
this.  
Chair Zonka responded she is fine with that and if there is a problem it can be pulled from them  
as well; until the legislature fixes this, she does not want anybody else to lose their house; and  
she does not want anyone else to be taken advantage of.  
Commissioner Smith commented those numbers are crazy.  
Chair Zonka advised she would support repealing it for residential as well if Commissioner  
Tobia is okay with that.  
Commissioner Tobia requested help with the motion.  
Christine Schverak, Interim County Attorney, stated it is to terminate residential and non-profit  
companies from participation in PACE.  
The Board adopted Resolution No. 22-067, rescinding in part, Resolution No. 18-040,  
terminating the PACE Program for residential properties and non-profit organizations and  
terminating Brevard County’s participation as to such properties in the PACE Programs of the  
Florida Green Finance Authority, the Florida PACE Funding Agency, the Green Corridor PACE  
District, and the Florida Resiliency and Energy District.  
Result: ADOPTED  
Mover: John Tobia  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
L.2. Christine Schverak, Interim County Attorney  
Christine Schverak, Interim County Attorney, stated on July 6, her office received the Property  
Appraiser’s denial of the County’s request for an agricultural classification at the Malabar Scrub  
Jay Sanctuary; the County has 30 days to request an appeal from the Value Adjustment Board  
in order to preserve the County’s rights; and she is requesting direction on authority to appeal.  
Chair Zonka stated she is sure Attorney Schverak will evaluate as she goes along through the  
process.  
Attorney Schverak responded affirmatively; she stated it gives the opportunity for the new  
County Attorney who is coming in to weigh-in on the process.  
The Board granted authority to the County Attorney’s Office to appeal the Property Appraiser’s  
denial of Agricultural Classification in order to preserve the County’s rights; granted the Interim  
County Attorney authority to abate as necessary; and granted authority to the County Manager  
to sign all actions related to the appeal.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Curt Smith  
Ayes: Pritchett, Tobia, Smith, and Zonka  
L.4. John Tobia, Commissioner District 3  
Commissioner Tobia stated in February of last year he brought forward an initiative to change  
Section 2-247 of the Brevard County Code relating to the purchase or leasing of County-owned  
property; this change removed the requirement for super majority vote for such transactions; it  
was his intent at the time to change code relating only to the sales and leases at or above  
market value and to leave the super majority requirement for nominal sales or leases; and it is  
his intent to bring this back before the Board at the August 2 meeting and make that correction;  
and this would only be nominal amounts.  
The Board directed staff to make any necessary advertisements or procedural steps  
necessary, prior to August 2, 2022, and to draft appropriate language to effectuate a change to  
Section 2-247, of the Brevard County Code relating to the purchase or leasing of  
County-owned property, removing the supermajority vote for only sales and leases at or above  
market value and to leave the supermajority requirement for nominal sales or leases.  
Result: APPROVED  
Mover: John Tobia  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
John Tobia, Commissioner District 3  
Commissioner Tobia announced that yesterday was Ian Golden’s birthday; he wished him a  
happy birthday; he mentioned it would only have been worse if today was his birthday and he  
had to sit through this disaster; and he is a great County employee who is extremely dedicated.  
Commissioner Smith commented and he did not even wear a loud jacket today.  
Chair Zonka stated she likes the whole group back there, it is a good group.  
L.6. Kristine Zonka, Commissioner District 5, Chair  
Commissioner Zonka stated she has a few things; it is not controversial and does not involve  
terrorism; and she noted Commissioner Tobia is never going to live that down. She stated with  
former Commissioner Lober being on the Value Adjustment Board (VAB), the Board needs to  
make an official vote to appoint members and she was advised to make a motion to appoint  
Commissioner Tobia and Commissioner Pritchett to the Value Adjustment Board for the 2022  
season, with herself as the alternate. She asked for a motion.  
The Board appointed Rita Pritchett and John Tobia to the VAB, and Chair Zonka as an  
alternate, for the 2022 VAB season.  
Result: APPROVED  
Mover: Curt Smith  
Seconder: Rita Pritchett  
Ayes: Pritchett, Tobia, Smith, and Zonka  
Kristine Zonka, Commissioner District 5, Chair  
Chair Zonka stated councilman Kenny Johnson, from the City of Palm Bay reached out  
regarding sending a letter to Florida Department of Transportation (FDOT) regarding a request  
for funding for Malabar Road widening; this is the letter her office came up with; it did not ask  
for specific funding, it is more like acknowledging the top ranked projects and asking for  
support for FDOT District 5; and she asked if the Board is okay with her pushing this along.  
The Board of County Commissioners in regular session on July 19, 2022, authorized Chair  
Zonka to send a letter to the Florida Department of Transportation in support of the plan by City  
of Palm Bay to widen Malabar Road between Minton Road and the St. Johns Heritage Parkway  
for additional funding.  
Result: APPROVED  
Mover: Rita Pritchett  
Seconder: John Tobia  
Ayes: Pritchett, Tobia, Smith, and Zonka  
Adjourn  
Upon consensus of the Board, the meeting adjourned at 1:52 P.M.  
ATTEST:  
_________________________  
RACHEL M. SADOFF, CLERK  
_____________________________  
KRISTINE ZONKA, CHAIR  
BOARD OF COUNTY COMMISSIONERS  
BREVARD COUNTY, FLORIDA