1 00:02:54,120 --> 00:02:56,120 [Captioner present] 2 00:04:29,434 --> 00:04:29,934 >> Okay. 3 00:04:29,934 --> 00:04:30,912 Thank you. 4 00:04:30,912 --> 00:04:36,539 I'd like to recognize Pastor Gaston Kenny of the First 5 00:04:36,539 --> 00:04:38,590 Baptist Church of Cocoa. 6 00:04:38,590 --> 00:04:41,659 Nice to see you >> Thank you. 7 00:04:44,199 --> 00:04:46,199 Pastor Gaston is our youth administration pastor 8 00:04:46,199 --> 00:04:47,865 and he's unable to make it. 9 00:04:47,865 --> 00:04:51,465 I'm a senior pastor Dean Williamson. 10 00:04:52,763 --> 00:04:56,739 Thank you for the opportunity to pray. 11 00:04:56,739 --> 00:04:57,442 Let's pray. 12 00:04:57,442 --> 00:05:00,227 Dear father we thank you so much for all of your many blessings. 13 00:05:00,227 --> 00:05:03,299 We thank you that you woke us up this morning. 14 00:05:03,299 --> 00:05:07,450 We recognize that none of us made ourselves wake up 15 00:05:07,450 --> 00:05:09,720 but you gave us another day. 16 00:05:09,720 --> 00:05:10,527 You woke us up today. 17 00:05:10,527 --> 00:05:13,819 Lord help us not to take any of your blessings for granted. 18 00:05:13,819 --> 00:05:16,990 We have many concerns that we have 19 00:05:16,990 --> 00:05:18,339 that we want to bring before you because we 20 00:05:18,339 --> 00:05:20,512 know that you care for us. 21 00:05:20,512 --> 00:05:24,712 We have concerns about our emergency personnel. 22 00:05:25,909 --> 00:05:28,189 We have concerns about our schools. 23 00:05:28,189 --> 00:05:30,499 We have concerns about development. 24 00:05:30,499 --> 00:05:33,229 We have concerns about housing. 25 00:05:33,229 --> 00:05:35,699 We have concerns about taxes. 26 00:05:35,699 --> 00:05:40,990 Lord, we ask that you would give our commissioners 27 00:05:40,990 --> 00:05:42,915 and all everyone involved in government Lord please 28 00:05:42,915 --> 00:05:46,734 give us wisdom from you and guide us by your Holy Spirit 29 00:05:46,734 --> 00:05:49,699 so that this entire county can flourish and Lord we 30 00:05:49,699 --> 00:05:52,450 thank you for the blessing that you've given us 31 00:05:52,450 --> 00:05:55,613 in Jesus Christ that you died on the cross to pay for our sins 32 00:05:55,613 --> 00:05:58,199 and that we can have relationship with you 33 00:05:58,199 --> 00:05:58,895 through Jesus. 34 00:05:58,895 --> 00:06:01,315 We ask your blessings on this meeting. 35 00:06:01,315 --> 00:06:03,619 We pray that everything that is said and done 36 00:06:03,619 --> 00:06:07,832 would be in love and with goodwill for our fellow men. 37 00:06:07,832 --> 00:06:11,190 We pray this in Jesus name Amen. 38 00:06:11,190 --> 00:06:12,270 >> Thank you. 39 00:06:12,270 --> 00:06:13,390 That was wonderful. 40 00:06:13,390 --> 00:06:15,443 Help us start the day off right. 41 00:06:15,443 --> 00:06:16,459 Appreciate it. 42 00:06:16,459 --> 00:06:20,147 I'd like to ask everyone to stand for the pledge. 43 00:06:20,147 --> 00:06:22,547 Please face the flag. 44 00:06:26,557 --> 00:06:29,182 I pledge allegiance to the flag of the United States of America 45 00:06:29,182 --> 00:06:31,765 and to the Republic for which it stands, one nation under God, 46 00:06:31,765 --> 00:06:35,965 indivisible, with liberty and justice for all. 47 00:06:38,259 --> 00:06:38,939 Okay. 48 00:06:38,939 --> 00:06:43,739 I think first thing would be a motion 49 00:06:47,939 --> 00:06:51,850 to approve Commissioner Goodson to appear. 50 00:06:51,850 --> 00:06:53,850 >> I will make a motion for Commissioner Goodson 51 00:06:53,850 --> 00:06:55,485 to participate by phone. 52 00:06:56,139 --> 00:07:00,939 >> Motion for Commissioner Goodson to participate by phone. 53 00:07:02,379 --> 00:07:05,979 All in favor say aye yea. 54 00:07:06,225 --> 00:07:08,492 Good to have you. 55 00:07:08,492 --> 00:07:12,523 First item is approval of the minutes from May 7th, 56 00:07:12,523 --> 00:07:17,323 2026 zoning meeting and the July 9th, 2026 Zoning meeting. 57 00:07:17,445 --> 00:07:19,339 >> Make a motion to approve. 58 00:07:19,339 --> 00:07:20,567 >> Motion and a second. 59 00:07:20,567 --> 00:07:24,767 All in favor say aye, carries unanimously. 60 00:07:25,915 --> 00:07:26,827 Thank you. 61 00:07:26,827 --> 00:07:27,965 E.1. 62 00:07:27,965 --> 00:07:30,959 We have a resolution honoring the life and memory 63 00:07:30,959 --> 00:07:34,559 of former County Manager Tom Jenkins, 64 00:07:36,262 --> 00:07:38,450 and I think we have family members. 65 00:07:38,450 --> 00:07:42,379 I would like to ask them to come up. 66 00:07:42,379 --> 00:07:45,299 Thank you so much for being here. 67 00:07:45,299 --> 00:07:47,219 It's good seeing you. 68 00:07:47,219 --> 00:07:49,270 I'd like to read the resolution then 69 00:07:49,270 --> 00:07:51,879 we will open up for comments. 70 00:07:51,879 --> 00:07:56,850 This is a resolution of the Board of County Commissioners 71 00:07:56,850 --> 00:07:58,843 of Brevard County, Florida honoring 72 00:07:58,843 --> 00:08:02,270 the life and memory of former County Manager Tom Jenkins. 73 00:08:02,270 --> 00:08:04,859 Whereas the Board of County Commissioners 74 00:08:04,859 --> 00:08:07,467 county staff and commissioners of Brevard County 75 00:08:07,467 --> 00:08:10,499 pause to honor the memory and distinguished legacy 76 00:08:10,499 --> 00:08:14,990 of former County Manager Tom Jenkins, 77 00:08:15,179 --> 00:08:19,259 celebrating a lifetime of public service marked by unwavering 78 00:08:19,259 --> 00:08:22,259 stability, decisiveness and steady leadership 79 00:08:22,279 --> 00:08:26,467 and Whereas Tom Jenkins began his dedication to public service 80 00:08:26,467 --> 00:08:31,769 from the ground up starting in 1970 as an administrative aide 81 00:08:31,769 --> 00:08:34,259 in municipal government and advancing 82 00:08:34,259 --> 00:08:37,445 through key administrative roles across Florida 83 00:08:37,445 --> 00:08:39,445 including Surfside, Davie, 84 00:08:39,959 --> 00:08:44,850 Broward County before bringing his extensive government 85 00:08:44,850 --> 00:08:48,885 expertise to Brevard County as Deputy county administrator 86 00:08:49,190 --> 00:08:52,619 in 1986 and whereas following his service 87 00:08:53,859 --> 00:08:57,459 as interim administrator the Board of County Commissioners 88 00:08:57,459 --> 00:08:59,859 recognized his exceptional command 89 00:09:00,519 --> 00:09:02,659 and no nonsense administrative strength 90 00:09:02,659 --> 00:09:05,350 selecting him in February of 1988 91 00:09:05,350 --> 00:09:10,979 to serve as Brevard County Manager, a position he held 92 00:09:10,979 --> 00:09:15,779 with distinction for 17 years until 2005 making him one 93 00:09:17,190 --> 00:09:19,883 of the longest serving county managers in the state of Florida 94 00:09:19,883 --> 00:09:23,219 and whereas taking office at age 44 with a clear mission 95 00:09:23,219 --> 00:09:25,599 to bring stability to county government, 96 00:09:25,599 --> 00:09:28,679 Tom Jenkins immediately demonstrated his resolve 97 00:09:28,679 --> 00:09:31,592 by skillfully guiding Brevard County 98 00:09:31,592 --> 00:09:33,992 through significant fiscal hurdles 99 00:09:34,990 --> 00:09:38,299 earning lasting reputation as a master consensus 100 00:09:38,799 --> 00:09:42,129 builder capable of forging thoughtful compromises 101 00:09:42,129 --> 00:09:48,129 on complex high stakes issues and whereas as county manager 102 00:09:48,299 --> 00:09:53,990 he cultivated an organizational culture centered on teamwork, 103 00:09:54,259 --> 00:09:57,859 creativity and administrative independence inspiring county 104 00:09:58,339 --> 00:10:02,139 employees through a leadership style that was candid, 105 00:10:02,139 --> 00:10:05,179 decisive and deeply supportive of staff holding high 106 00:10:05,179 --> 00:10:09,979 expectations for hard work while remaining steadfastly focused 107 00:10:10,659 --> 00:10:14,179 on expanding community service and infrastructure for Brevard 108 00:10:14,179 --> 00:10:17,845 County residents and whereas his passion for governance 109 00:10:17,845 --> 00:10:22,515 and Brevard community continued long after his tenure as county 110 00:10:22,515 --> 00:10:25,339 manager serving five years as chief administrative officer 111 00:10:25,339 --> 00:10:31,339 for the Brevard County Sheriff's Office contributing as a trusted 112 00:10:31,699 --> 00:10:35,303 member of the Brevard County Charter Review Commission across 113 00:10:35,303 --> 00:10:38,903 three separate decades , 2009 and ten, 2015 and 16, 114 00:10:43,339 --> 00:10:46,512 and 2021 and 22 and whereas Tom Jenkins 115 00:10:46,512 --> 00:10:49,539 approached retirement one hole at the time as a dedicated 116 00:10:49,539 --> 00:10:53,479 member of the finance chair for Sentry Country Club 117 00:10:53,479 --> 00:10:56,119 where his spirited golf cart driving 118 00:10:56,119 --> 00:11:00,319 earned him the nickname of Evel Knievel 119 00:11:03,579 --> 00:11:08,259 and where he regularly appointed himself official armchair 120 00:11:08,259 --> 00:11:13,659 quarterback for his beloved Miami Dolphins and FSU Seminoles 121 00:11:13,909 --> 00:11:17,159 and whereas Tom Jenkins leaves behind an indelible mark 122 00:11:17,159 --> 00:11:19,509 on local government in Florida remembered 123 00:11:19,509 --> 00:11:22,822 by his colleagues, elected officials and citizens alike 124 00:11:22,822 --> 00:11:25,419 as a leader he brought in during stability, 125 00:11:25,419 --> 00:11:27,459 strengthened character and selfless dedication 126 00:11:27,459 --> 00:11:29,697 to the people of Brevard County now 127 00:11:29,697 --> 00:11:31,739 therefore be it resolved that the Board of County 128 00:11:31,739 --> 00:11:33,559 Commissioners of Brevard County, 129 00:11:33,559 --> 00:11:37,539 Florida does hereby express its profound sadness 130 00:11:37,539 --> 00:11:40,719 upon the passing of Tom Jenkins and offers 131 00:11:40,719 --> 00:11:45,579 its heartfelt condolences to his wife, Barbara, family, friends 132 00:11:45,579 --> 00:11:48,190 and former colleagues and records 133 00:11:48,190 --> 00:11:51,619 of enduring gratitude for visionary leadership 134 00:11:52,249 --> 00:11:56,190 and exemplary public service done and adopted 135 00:11:56,190 --> 00:11:58,190 this day of 2026. 136 00:11:58,859 --> 00:12:02,619 I just want to say just a few words because I was here when 137 00:12:02,619 --> 00:12:07,170 Tom came here and things were pretty tough . 138 00:12:07,170 --> 00:12:14,370 It was a very difficult time and he brought an overall sense 139 00:12:14,483 --> 00:12:18,579 of stability and confidence and pull people 140 00:12:18,579 --> 00:12:21,823 together like no one I've ever seen. 141 00:12:21,823 --> 00:12:26,479 The ability to build compromise on some really difficult issues. 142 00:12:26,479 --> 00:12:28,115 If you drive around Brevard County 143 00:12:28,115 --> 00:12:33,515 there is not many things that Tom Jenkins name 144 00:12:35,307 --> 00:12:39,232 is on double Dutch there's not many things we've achieved 145 00:12:39,232 --> 00:12:42,275 in the last 30 years that Tom Jenkins didn't play a very 146 00:12:42,275 --> 00:12:43,691 key role in making a reality. 147 00:12:43,691 --> 00:12:47,939 So as you drive around whether it's Brevard County Government 148 00:12:47,939 --> 00:12:52,739 Center, the Brevard Zoo, the former Marlins baseball 149 00:12:53,432 --> 00:12:57,632 facility, helped develop the tourist development tax, 150 00:12:59,712 --> 00:13:01,589 implement tourist development front 151 00:13:01,589 --> 00:13:03,707 when he came into office we were literally 152 00:13:03,707 --> 00:13:06,720 holding court in a hotel room. 153 00:13:06,720 --> 00:13:08,275 We had to evacuate our courthouse. 154 00:13:08,275 --> 00:13:11,275 We had no government center. 155 00:13:11,432 --> 00:13:14,179 Meetings were spread throughout the county 11 156 00:13:14,179 --> 00:13:15,339 different locations. 157 00:13:15,339 --> 00:13:17,579 It really was an amazing time. 158 00:13:17,579 --> 00:13:20,959 I think God gave us Tom Jenkins at a time where we most needed 159 00:13:20,959 --> 00:13:21,459 it. 160 00:13:21,459 --> 00:13:23,374 We had some great people prior to him 161 00:13:23,374 --> 00:13:26,699 but he was the person to really turn this county around 162 00:13:26,699 --> 00:13:30,925 and we as Brevard residents have so much to be grateful for. 163 00:13:30,925 --> 00:13:36,990 We set policy but it's the staff that really makes everything 164 00:13:36,990 --> 00:13:39,264 happen and he made all the things 165 00:13:39,264 --> 00:13:42,315 that we've benefited from as a community happen so I personally 166 00:13:42,315 --> 00:13:45,899 am grateful for Tom Jenkins and what an incredible opportunity 167 00:13:45,899 --> 00:13:49,499 it was to work with him. 168 00:13:52,106 --> 00:13:53,179 >> Thank you. 169 00:13:53,179 --> 00:13:54,979 >> So we do have a resolution. 170 00:13:54,979 --> 00:13:57,499 Would you like to say anything? 171 00:13:57,499 --> 00:13:58,619 >> No. 172 00:13:58,619 --> 00:13:59,232 >> Okay. 173 00:13:59,232 --> 00:14:00,795 Your presence here is enough. 174 00:14:00,795 --> 00:14:02,619 Thank you so much. 175 00:14:02,619 --> 00:14:03,899 Appreciate it. 176 00:14:03,899 --> 00:14:05,300 >> Do you want a motion? 177 00:14:05,300 --> 00:14:09,178 I will make a motion to >> Second. 178 00:14:09,178 --> 00:14:10,845 >> Motion and second for the resolution. 179 00:14:10,845 --> 00:14:13,845 All in favor, say yea. 180 00:14:14,352 --> 00:14:15,712 Carries unanimously. 181 00:14:15,712 --> 00:14:18,419 I just want to thank you for what your dedication has been 182 00:14:18,419 --> 00:14:21,499 to Brevard County because I know this job that he held was 183 00:14:21,499 --> 00:14:24,416 incredibly demanding and it required great support from home 184 00:14:24,416 --> 00:14:27,571 to give him the time and the independence and the freedom 185 00:14:27,571 --> 00:14:34,590 to really come a really -- to do what he did for all of us and we 186 00:14:34,590 --> 00:14:36,980 all are grateful for him. 187 00:14:36,980 --> 00:14:38,980 >> Thank you. 188 00:14:58,330 --> 00:15:00,330 [Background conversation] 189 00:15:53,117 --> 00:15:55,117 [Applause] 190 00:16:18,771 --> 00:16:19,354 >> Mr. Abbott. 191 00:16:19,354 --> 00:16:22,222 We have Mr. Abbott here I wish we could have done this for Tom 192 00:16:22,222 --> 00:16:28,259 while he was still alive to hear all the nice stuff 193 00:16:28,259 --> 00:16:30,499 but I want to recognize our past County manager. 194 00:16:30,499 --> 00:16:32,510 He was a great manager. 195 00:16:32,510 --> 00:16:34,427 The managers have a tough job trying 196 00:16:34,427 --> 00:16:36,171 to keep control of the commission 197 00:16:36,171 --> 00:16:41,379 and run a good staff and Mr. Abbott you did a great job. 198 00:16:41,379 --> 00:16:43,232 You got us through COVID and I just 199 00:16:43,232 --> 00:16:44,849 want to say I appreciate your. 200 00:16:44,849 --> 00:16:50,849 It's an honor to have you back in the building. 201 00:16:52,387 --> 00:16:54,387 [Applause] 202 00:16:56,739 --> 00:16:58,670 >> Thank you so much. 203 00:16:58,670 --> 00:17:02,267 Okay we will move to the agenda . 204 00:17:06,851 --> 00:17:07,945 Item F, consent agenda. 205 00:17:07,945 --> 00:17:15,145 Are there any items that we want to move from the consent? 206 00:17:16,539 --> 00:17:20,739 We have one card for f nine. 207 00:17:32,190 --> 00:17:36,219 We have one card for f nine. 208 00:17:41,359 --> 00:17:41,859 F9. 209 00:17:41,859 --> 00:17:44,763 Why don't we get a motion for the remainder of the consent 210 00:17:44,763 --> 00:17:48,363 agenda then we will hear F9. 211 00:17:51,459 --> 00:17:53,792 All in favor, say yea. 212 00:17:53,792 --> 00:17:55,792 Carries unanimously. 213 00:17:56,153 --> 00:17:58,470 Okay. 214 00:17:58,470 --> 00:17:59,942 F9. 215 00:17:59,942 --> 00:18:04,742 Approval of the Brevard County policy 76, caretakers policy. 216 00:18:09,459 --> 00:18:13,590 The card is from Richard Heffelfinger. 217 00:18:19,278 --> 00:18:20,736 >> Rick Heffelfinger, district one. 218 00:18:20,736 --> 00:18:25,259 I don't know did you just make a motion to approve this already? 219 00:18:25,259 --> 00:18:26,850 >> No. 220 00:18:26,850 --> 00:18:29,450 The consent agenda all but this. 221 00:18:29,450 --> 00:18:29,812 >> All right. 222 00:18:29,812 --> 00:18:31,584 My only issue with this was and I would 223 00:18:31,584 --> 00:18:33,230 like to make a recommendation. 224 00:18:33,230 --> 00:18:37,123 I do not like the idea that this policy now is totally 225 00:18:37,123 --> 00:18:39,852 in control of Parks and Rec. 226 00:18:39,852 --> 00:18:43,472 That would mean the board is relinquishing any input on this 227 00:18:43,472 --> 00:18:45,667 and any visibility to the public because this is 228 00:18:45,667 --> 00:18:47,699 where we find out what goes on. 229 00:18:47,699 --> 00:18:49,515 So I have no problem with the changes 230 00:18:49,515 --> 00:18:54,619 they made with the exception of title for part two, Subitem C 231 00:18:54,619 --> 00:19:00,190 where they struck the board of County commissioners actually 232 00:19:00,245 --> 00:19:02,430 authorizing the licensing. 233 00:19:02,430 --> 00:19:05,990 I think that should stay as the Board of County Commissioners 234 00:19:05,990 --> 00:19:08,399 so it comes before you guys before they put somebody 235 00:19:08,399 --> 00:19:09,403 in as a caretaker. 236 00:19:09,403 --> 00:19:11,998 I realize they are doing background checks and all 237 00:19:11,998 --> 00:19:13,915 that but I think for visibility for the public 238 00:19:13,915 --> 00:19:16,159 and for you to keep an eye on what's going on 239 00:19:16,159 --> 00:19:17,571 I think you should stay in that. 240 00:19:17,571 --> 00:19:19,529 I don't care if they maintain this instruction. 241 00:19:19,529 --> 00:19:23,129 It is your instruction, your policy. 242 00:19:23,759 --> 00:19:26,670 So if you have no part in it I don't 243 00:19:26,670 --> 00:19:28,419 know why you would have it as a Brevard County policy 244 00:19:28,419 --> 00:19:30,570 but if you would just amended to put yourself back 245 00:19:30,570 --> 00:19:32,723 in I think that would be the most prudent thing. 246 00:19:32,723 --> 00:19:35,452 I don't like you relinquishing control when in the past 247 00:19:35,452 --> 00:19:36,192 you had that. 248 00:19:36,192 --> 00:19:37,333 That's all I had. 249 00:19:37,333 --> 00:19:38,539 Thanks. 250 00:19:38,539 --> 00:19:39,990 >> Okay. 251 00:19:39,990 --> 00:19:40,987 Thank you for your input there. 252 00:19:40,987 --> 00:19:42,739 Any discussion on f nine? 253 00:19:42,739 --> 00:19:44,811 Motion would be in order. 254 00:19:44,811 --> 00:19:46,811 Motion to approve. 255 00:19:47,427 --> 00:19:49,827 Is there a second? 256 00:20:01,908 --> 00:20:03,260 All in favor, say yea. 257 00:20:03,260 --> 00:20:03,859 Carries unanimously. 258 00:20:03,859 --> 00:20:08,179 We move to G. We have no G cards for public comment. 259 00:20:08,179 --> 00:20:12,190 The first item for public hearing H one. 260 00:20:12,190 --> 00:20:13,939 >> Good morning commissioners. 261 00:20:13,939 --> 00:20:17,670 Item H one seeks consideration for the adoption 262 00:20:17,670 --> 00:20:20,490 of fire rescue schedules of fees and rates 263 00:20:20,490 --> 00:20:22,851 and charges for hazardous materials special Operations 264 00:20:22,851 --> 00:20:28,251 Team or the hazmat team, standby response, fire prevention 265 00:20:28,485 --> 00:20:30,240 and inspection rights. 266 00:20:30,240 --> 00:20:34,919 We proposed increasing the rate by 2.63% which is consistent 267 00:20:34,919 --> 00:20:40,565 with the Consumer Price index for 2026-2027 so it is 268 00:20:40,565 --> 00:20:41,925 consistent with CPI. 269 00:20:41,925 --> 00:20:47,990 If approved these rates would become effective on October 1st, 270 00:20:47,990 --> 00:20:49,990 2026. 271 00:20:50,579 --> 00:20:52,395 >> A motion to approve and a second. 272 00:20:52,395 --> 00:20:54,171 For the record, no cards. 273 00:20:54,171 --> 00:20:55,350 Any discussion? 274 00:20:55,350 --> 00:20:58,350 All in favor say yea. 275 00:21:01,179 --> 00:21:03,179 Carries unanimously. 276 00:21:03,739 --> 00:21:05,190 Thank you. 277 00:21:05,190 --> 00:21:08,611 >> H two is similar to H one, a request for consideration 278 00:21:08,611 --> 00:21:12,850 of the adoption of the fire assessment resolution ratifying, 279 00:21:12,850 --> 00:21:15,963 confirming and certifying the fire services none of assessment 280 00:21:15,963 --> 00:21:18,963 roll for fiscal year 2026-27. 281 00:21:19,430 --> 00:21:22,279 The board adopted a resolution in 2025 282 00:21:22,279 --> 00:21:24,885 that included increases to the fire assessment 283 00:21:24,885 --> 00:21:29,419 rate consistent with the CPI rate 3% or CPI which is less. 284 00:21:29,419 --> 00:21:36,190 The CPI rate for 2026-2027 is 2.6% so if approved these would 285 00:21:37,850 --> 00:21:40,685 be effective for tax rules 2026-27. 286 00:21:43,726 --> 00:21:44,476 >> Any discussion? 287 00:21:44,476 --> 00:21:45,590 No cards. 288 00:21:45,590 --> 00:21:48,590 Do we have a motion? 289 00:21:49,870 --> 00:21:52,870 A motion and a second. 290 00:21:52,688 --> 00:21:55,548 All in favor, say yea. 291 00:21:55,548 --> 00:21:56,632 Carries unanimously. 292 00:21:56,632 --> 00:21:57,503 Thank you. 293 00:21:57,503 --> 00:21:59,503 H3. 294 00:22:11,190 --> 00:22:13,192 Random good morning, Mr. Chair. 295 00:22:13,192 --> 00:22:15,459 Item H three is a request for the board 296 00:22:15,459 --> 00:22:19,590 to approve revisions to policyG-100 evaluation 297 00:22:23,299 --> 00:22:25,699 procedures for development proposals 298 00:22:25,779 --> 00:22:27,459 pursuant to the Live Local Act which 299 00:22:27,459 --> 00:22:29,619 are not otherwise permissible. 300 00:22:29,619 --> 00:22:32,727 Revisions are necessary to come into conformance with state law 301 00:22:32,727 --> 00:22:35,190 as the Act has been amended since the policy was 302 00:22:35,190 --> 00:22:37,190 last revised. 303 00:22:37,379 --> 00:22:39,379 >> Okay. 304 00:22:39,859 --> 00:22:44,445 Maybe give us a few of the highlights of the changes. 305 00:22:44,445 --> 00:22:45,112 >> Sure. 306 00:22:45,112 --> 00:22:46,667 The biggest substantive change has 307 00:22:46,667 --> 00:22:49,435 to do with houses of worship. 308 00:22:49,435 --> 00:22:52,451 The state has mandated that for those 309 00:22:52,451 --> 00:22:56,999 who have used a particular property that meet out 310 00:22:56,999 --> 00:23:00,759 certain requirements as houses of worship for ten years or more 311 00:23:00,759 --> 00:23:03,331 they get similar live local Act provisions 312 00:23:03,331 --> 00:23:07,171 as commercial industrial uses prior to that. 313 00:23:07,171 --> 00:23:09,468 Meaning they can build affordable housing up 314 00:23:09,468 --> 00:23:11,115 to 30 units per acre. 315 00:23:11,115 --> 00:23:17,297 Most of the other changes to the policy were technical in nature 316 00:23:17,297 --> 00:23:19,755 to come into compliance with things like definition changes 317 00:23:19,755 --> 00:23:22,755 and things of that nature. 318 00:23:26,248 --> 00:23:26,748 >> Okay. 319 00:23:26,748 --> 00:23:27,581 We do have one card. 320 00:23:27,581 --> 00:23:29,581 Chelsea . 321 00:23:32,477 --> 00:23:38,724 >> Before I begin, I want to take a moment to congratulate 322 00:23:38,724 --> 00:23:41,779 Commissioner Feltner on his hard fought primary last week. 323 00:23:41,779 --> 00:23:43,787 I'm here regarding evaluation procedures 324 00:23:43,787 --> 00:23:45,245 for the live local act. 325 00:23:45,245 --> 00:23:46,472 Let me be clear. 326 00:23:46,472 --> 00:23:49,859 Public housing is important and so is public safety and land use 327 00:23:49,859 --> 00:23:51,405 policies have to account for both. 328 00:23:51,405 --> 00:23:54,699 I want to commend staff for including section one D4 which 329 00:23:54,699 --> 00:23:57,859 seeks to examine critical areas from these massive state 330 00:23:57,859 --> 00:23:59,390 mandated density spikes. 331 00:23:59,390 --> 00:24:01,634 However as written this exemption contains 332 00:24:01,634 --> 00:24:06,590 a massive blind spot for our county's evacuation corridors 333 00:24:06,590 --> 00:24:09,179 from section one D4 references the Brevard Barrier Island 334 00:24:09,179 --> 00:24:12,739 area of critical state concern for the statute that designation 335 00:24:12,739 --> 00:24:16,359 stands for Melbourne Beach South to the Sebastian Inlet 336 00:24:16,359 --> 00:24:18,419 however the state designation does not 337 00:24:18,419 --> 00:24:21,372 encompass all of our vulnerable coastal communities Per 338 00:24:21,372 --> 00:24:24,149 it does not include Cape Canaveral Cocoa Beach Merritt 339 00:24:24,149 --> 00:24:24,649 Island. 340 00:24:24,649 --> 00:24:27,669 This matters because our comprehensive plan recognizes 341 00:24:27,669 --> 00:24:30,899 that density and infrastructure are connected for compounding 342 00:24:30,899 --> 00:24:34,691 the risk our current comprehensive plan permits 343 00:24:34,691 --> 00:24:38,605 a maximum density of 37.5 units per acre 344 00:24:38,605 --> 00:24:41,232 within the Merritt Island redevelopment acre. 345 00:24:41,232 --> 00:24:44,832 For qualifying developments those existing density 346 00:24:45,994 --> 00:24:49,199 allowances can become the ceiling or depending 347 00:24:49,199 --> 00:24:52,439 on the circumstances the applicable development 348 00:24:52,439 --> 00:24:52,939 entitlement. 349 00:24:52,939 --> 00:24:57,190 In the Code of Ordinances it states that evacuation clearance 350 00:24:57,190 --> 00:24:59,979 times are determined by the most current Florida 351 00:24:59,979 --> 00:25:03,259 regional evacuation study maintained by the Florida 352 00:25:03,259 --> 00:25:05,194 Central Regional Planning Council permit 353 00:25:05,194 --> 00:25:07,259 for our current operational scenario 354 00:25:07,259 --> 00:25:11,119 it takes 14.5 hours just to clear evacuation level 355 00:25:11,119 --> 00:25:15,165 A which completely blankets Merritt Island and the beaches. 356 00:25:15,165 --> 00:25:19,365 Statute 163.3178 legally mandates a strict 16 hour out 357 00:25:19,634 --> 00:25:24,659 of county clearance at for these storms that leaves (Indistinct) 358 00:25:24,659 --> 00:25:29,224 under the same 2025 operational scenario the regional clearance 359 00:25:29,224 --> 00:25:31,939 time for a level E evacuation is 68 hours. 360 00:25:31,939 --> 00:25:35,611 That is 44 hours longer than what the statute mandates. 361 00:25:35,611 --> 00:25:39,811 The 520 and 528 causeways are fixed capacity infrastructure. 362 00:25:40,390 --> 00:25:43,590 Mandatory evacuation is ordered the barrier islands 363 00:25:43,590 --> 00:25:46,299 and Merritt Islands must drain through those exact same bridges 364 00:25:46,299 --> 00:25:50,299 simultaneously and anyone who has sat in traffic on the 528 365 00:25:50,299 --> 00:25:53,169 during a major cruise ship day understands 366 00:25:53,169 --> 00:25:55,845 how quickly these corridors can become constrained. 367 00:25:55,845 --> 00:26:00,249 Our coastal policies call for limiting density and vulnerable 368 00:26:00,249 --> 00:26:02,719 areas considering evacuation times when 369 00:26:02,719 --> 00:26:04,719 prioritizing transportation improvements 370 00:26:04,739 --> 00:26:07,939 and deferring development for adequate evacuation capacity 371 00:26:07,939 --> 00:26:08,710 does not exist. 372 00:26:08,710 --> 00:26:11,819 I ask you to evaluate whether Cape Canaveral Cocoa Beach 373 00:26:11,819 --> 00:26:15,179 and Merritt Island and other evacuation constrained areas 374 00:26:15,179 --> 00:26:16,909 should receive additional protection 375 00:26:16,909 --> 00:26:20,552 and whether Brevard County needs a clear defensible maximum 376 00:26:20,552 --> 00:26:23,552 density type two evacuation capacity. 377 00:26:23,979 --> 00:26:25,679 You have the administrative authority 378 00:26:25,679 --> 00:26:29,189 to tighten this language I urge the Commissioner to amend 379 00:26:29,189 --> 00:26:32,289 section one D4 to add Cape Canaveral Merritt 380 00:26:32,289 --> 00:26:33,571 Beach and Cocoa Island. 381 00:26:33,571 --> 00:26:36,499 Do not allow a geographic technicality 382 00:26:36,499 --> 00:26:39,619 to compromise the safety of our coastal residents. 383 00:26:39,619 --> 00:26:41,619 Thank you. 384 00:26:44,586 --> 00:26:45,860 >> Okay. 385 00:26:45,860 --> 00:26:46,459 Thank you. 386 00:26:46,459 --> 00:26:49,459 That was the only card. 387 00:26:50,250 --> 00:26:52,250 And discussion? 388 00:26:52,419 --> 00:26:57,270 >> A couple of things I think is worth pointing out on the house 389 00:26:57,270 --> 00:27:01,579 of worship situation is they cannot split the parcel later. 390 00:27:01,579 --> 00:27:03,579 Right? 391 00:27:03,819 --> 00:27:05,819 >> That's my understanding. 392 00:27:05,939 --> 00:27:11,590 >> And so that means those are not going to become individual 393 00:27:11,590 --> 00:27:13,259 homes that will then be sold. 394 00:27:13,259 --> 00:27:16,325 So those will always be a rental that 395 00:27:16,325 --> 00:27:18,699 is attached to the parent property 396 00:27:18,699 --> 00:27:22,899 permit I think we discussed that yesterday. 397 00:27:23,850 --> 00:27:27,361 Is there a way then because I always have this concern. 398 00:27:27,361 --> 00:27:29,419 I know I sound like a broken record 399 00:27:29,419 --> 00:27:35,720 but is there a way for us to stop short term 400 00:27:35,720 --> 00:27:40,959 rental on those parcels when they claim live local act? 401 00:27:40,959 --> 00:27:45,339 Or is that something we can take up? 402 00:27:45,339 --> 00:27:48,590 On each one of these as they come up? 403 00:27:48,590 --> 00:27:53,439 >> I don't think double touch this issue hasn't come up before 404 00:27:53,439 --> 00:27:57,285 but unless they were already entitled to do short term 405 00:27:57,285 --> 00:28:03,285 rentals as part of their existing zoning which they often 406 00:28:03,579 --> 00:28:07,527 would be able to if they are in commercial zoning -- 407 00:28:07,527 --> 00:28:11,239 but absent that -- it's not the live local act that's allowing 408 00:28:11,239 --> 00:28:13,125 the short term rental. 409 00:28:13,125 --> 00:28:14,272 >> I understand. 410 00:28:14,272 --> 00:28:17,879 By virtue of them building additional rental housing 411 00:28:17,879 --> 00:28:21,932 on the property, now they could be 412 00:28:21,932 --> 00:28:24,125 in the business of doing short term rental 413 00:28:24,125 --> 00:28:28,479 for otherwise they are not doing that in someone's backyard. 414 00:28:28,479 --> 00:28:33,339 >> If it was a religious institution doing it under 415 00:28:33,339 --> 00:28:36,199 institutional zoning they would not be able to do short term 416 00:28:36,199 --> 00:28:38,199 rentals. 417 00:28:38,819 --> 00:28:42,720 >> That would only be a concern if I may, 418 00:28:42,720 --> 00:28:44,832 in the commercial zoning classifications. 419 00:28:44,832 --> 00:28:48,750 It would already be allowed there. 420 00:28:48,750 --> 00:28:51,139 Also they would still have to abide by the affordability 421 00:28:51,139 --> 00:28:54,219 requirements which limits somewhat the ability 422 00:28:54,219 --> 00:28:58,579 to do large scale short term rental permit 423 00:28:58,579 --> 00:28:59,119 >> Okay. 424 00:28:59,119 --> 00:29:01,119 Thank you. 425 00:29:07,370 --> 00:29:09,579 >> And I would think it would be very difficult to argue that 426 00:29:09,579 --> 00:29:13,179 short term rentals -- affordable housing. 427 00:29:14,519 --> 00:29:16,705 The live local Act only allows you 428 00:29:16,705 --> 00:29:19,899 to take these land use categories and provide 429 00:29:19,899 --> 00:29:21,899 for affordable housing. 430 00:29:21,954 --> 00:29:26,299 If anything, short term rentals have made affordable housing 431 00:29:26,299 --> 00:29:28,299 even more difficult. 432 00:29:29,685 --> 00:29:31,539 >> I don't disagree. 433 00:29:31,539 --> 00:29:33,539 >> I figured. 434 00:29:34,440 --> 00:29:36,419 >> It's a good point and I think it's very astute for you 435 00:29:36,419 --> 00:29:37,401 to bring that up. 436 00:29:37,401 --> 00:29:39,190 I'd like to say a few things. 437 00:29:39,190 --> 00:29:43,919 First that I can't begin to express how horrible this is 438 00:29:43,919 --> 00:29:48,719 and this is an example of big government , 439 00:29:50,635 --> 00:29:53,139 big special interests far removed from the people just 440 00:29:53,139 --> 00:29:55,869 trouncing the rights of our landowners. 441 00:29:55,869 --> 00:30:00,145 And it started with the live Local act 442 00:30:00,145 --> 00:30:03,145 when they allowed industrial uses 443 00:30:03,179 --> 00:30:05,323 to be used as affordable housing. 444 00:30:05,323 --> 00:30:07,899 That is a lot different because if you are 445 00:30:07,899 --> 00:30:11,499 living next to industry, or B2. 446 00:30:13,805 --> 00:30:14,712 Whatever. 447 00:30:14,712 --> 00:30:17,112 Relatively intensive land use. 448 00:30:17,131 --> 00:30:22,659 You could argue, I think, that a residential uses much less 449 00:30:22,659 --> 00:30:25,759 intensive end with the problem of getting approval 450 00:30:25,759 --> 00:30:30,559 for affordable housing, that was a reasonable compromise, 451 00:30:32,450 --> 00:30:33,135 I think. 452 00:30:33,135 --> 00:30:35,350 Not that I agree with it. 453 00:30:35,350 --> 00:30:38,155 But this shows that reasonableness is not 454 00:30:38,155 --> 00:30:41,619 what was motivating these special interests to change 455 00:30:41,619 --> 00:30:42,699 the law. 456 00:30:42,699 --> 00:30:45,650 It was just pure greed. 457 00:30:45,650 --> 00:30:50,155 Now they're saying you can have in your neighborhood a church 458 00:30:50,155 --> 00:30:56,155 or a school, very low density community oriented use open 459 00:30:59,190 --> 00:31:05,190 space and because you were a religious institution you now 460 00:31:05,539 --> 00:31:08,405 have the ability to come in and put 461 00:31:08,405 --> 00:31:11,405 30 units per acre affordable housing. 462 00:31:12,590 --> 00:31:12,779 Unconscionable. 463 00:31:12,779 --> 00:31:17,579 Completely and totally opposite to the original intent 464 00:31:17,643 --> 00:31:24,243 of the Live Local Act and I think Chelsea pointed out 465 00:31:28,619 --> 00:31:32,259 the issue of hurricane evacuation where you can have 466 00:31:32,259 --> 00:31:32,885 these -- 467 00:31:32,885 --> 00:31:35,909 we have many churches and religious institutions 468 00:31:35,909 --> 00:31:39,159 on Barrier Island that's only going to clog our roads 469 00:31:39,159 --> 00:31:41,922 not only from a service point of view but things 470 00:31:41,922 --> 00:31:43,458 such as hurricane evacuation. 471 00:31:43,458 --> 00:31:48,203 The problem is, I don't think we have any authority 472 00:31:48,203 --> 00:31:50,532 to do anything about it, do we? 473 00:31:50,532 --> 00:31:54,831 I mean, this has been forced on us. 474 00:31:54,831 --> 00:31:56,512 >> Mr. Chair, that is accurate. 475 00:31:56,512 --> 00:32:02,879 The statute specifically exempt an area from the live local act 476 00:32:02,879 --> 00:32:06,319 we have no authority to designate additional areas 477 00:32:06,319 --> 00:32:09,319 for exclusion from the act. 478 00:32:09,699 --> 00:32:13,539 >> So in our south beaches we have some protection? 479 00:32:13,539 --> 00:32:18,339 >> We can't self designate as the speaker suggested. 480 00:32:18,739 --> 00:32:19,579 >> That's good news. 481 00:32:19,579 --> 00:32:22,672 At least we have that because that is a very critical 482 00:32:22,672 --> 00:32:24,672 hurricane evacuation zone. 483 00:32:25,325 --> 00:32:27,140 >> You made me think of something else. 484 00:32:27,140 --> 00:32:29,256 Can I ask one follow up? 485 00:32:29,256 --> 00:32:32,674 So they can operate this affordable housing 486 00:32:32,674 --> 00:32:34,819 as long as the church owns the property. 487 00:32:34,819 --> 00:32:40,819 As long as it continues to operate as a church? 488 00:32:42,116 --> 00:32:42,866 >> That's correct. 489 00:32:42,866 --> 00:32:45,179 The applicant is required to provide plans 490 00:32:45,179 --> 00:32:48,199 for the preservation of the House of public worship 491 00:32:48,199 --> 00:32:50,199 and continued operations. 492 00:32:50,805 --> 00:32:52,879 >> I just have to play devil's advocate here. 493 00:32:52,879 --> 00:32:55,910 There are churches that just cease to exist. 494 00:32:55,910 --> 00:32:57,967 We see them a lot. 495 00:32:57,967 --> 00:33:01,315 So in a situation where they built the housing on there 496 00:33:01,315 --> 00:33:05,547 and I imagine people have tenant rights, what 497 00:33:05,547 --> 00:33:09,747 happens if the church just goes defunct? 498 00:33:11,299 --> 00:33:14,939 >> It's only the live local act whether it's that or some other 499 00:33:14,939 --> 00:33:19,392 aspect they lose their status they become non-conforming lots. 500 00:33:19,392 --> 00:33:21,459 We haven't had that issue come up 501 00:33:21,459 --> 00:33:23,867 before but there is a question whether they can continue 502 00:33:23,867 --> 00:33:27,879 to operate or as affordable housing because typically 503 00:33:27,879 --> 00:33:29,659 if you're a nonconforming lot you 504 00:33:29,659 --> 00:33:32,659 get to continue the activity. 505 00:33:33,939 --> 00:33:35,479 >> Can I ask a follow up? 506 00:33:35,479 --> 00:33:42,679 I think in that situation, if the church were to go under, 507 00:33:42,748 --> 00:33:45,819 then potentially the new owner whoever it's in receivership 508 00:33:45,819 --> 00:33:50,835 whatever the case may be may have to come to the board -- 509 00:33:50,835 --> 00:33:54,285 Planning and zoning board, and seek a zoning change 510 00:33:54,285 --> 00:33:58,179 at that point to make them conforming? 511 00:33:58,179 --> 00:34:00,112 >> I think that's accurate. 512 00:34:00,112 --> 00:34:03,272 At least if they are looking to do any new permits 513 00:34:03,272 --> 00:34:05,843 or things of that nature, something different, 514 00:34:05,843 --> 00:34:10,430 they would have to come into conformance. 515 00:34:11,819 --> 00:34:13,399 >> May I? 516 00:34:13,399 --> 00:34:14,452 Great points. 517 00:34:14,452 --> 00:34:18,144 Since this has started I understand what they are trying 518 00:34:18,144 --> 00:34:20,805 to do but them Florida Fellows really 519 00:34:20,805 --> 00:34:23,659 need to get their pencil sharpened and fix this. 520 00:34:23,659 --> 00:34:26,749 Another thing in here is, what is the definition 521 00:34:26,749 --> 00:34:28,367 of a house of worship? 522 00:34:28,367 --> 00:34:31,219 You know, that could spring up almost anywhere. 523 00:34:31,219 --> 00:34:32,419 So yeah. 524 00:34:32,419 --> 00:34:34,419 This is interesting. 525 00:34:34,419 --> 00:34:36,419 So yeah. 526 00:34:41,697 --> 00:34:43,739 >> A very good point on maintaining a faith based 527 00:34:43,739 --> 00:34:44,245 initiative. 528 00:34:44,245 --> 00:34:47,747 It wouldn't prevent -- for example, 529 00:34:47,747 --> 00:34:50,659 if I have a church of a particular denomination 530 00:34:50,659 --> 00:34:53,859 because I've seen churches that have sold. 531 00:34:53,859 --> 00:34:58,659 I went to preschool church Lutheran school church 532 00:34:58,707 --> 00:35:00,605 and now it's Non-denomination. 533 00:35:00,605 --> 00:35:02,619 The ownership could change as long 534 00:35:02,619 --> 00:35:06,539 as it maintains its entity as a 501 C three nonprofit 535 00:35:06,539 --> 00:35:08,539 religious institution. 536 00:35:10,459 --> 00:35:15,259 Then that new institution could operate affordable housing. 537 00:35:16,739 --> 00:35:20,859 I for one don't want to bring up examples of faith 538 00:35:20,859 --> 00:35:23,979 because it might seem like things 539 00:35:23,979 --> 00:35:27,830 but it could be a way of getting around 540 00:35:27,830 --> 00:35:31,679 if you have an established mainstream religious institution 541 00:35:31,679 --> 00:35:38,879 sells to any sort of entity that would qualify on federal law. 542 00:35:38,943 --> 00:35:41,899 This is a faith based institution, 543 00:35:41,899 --> 00:35:44,599 then they could operate affordable housing. 544 00:35:44,599 --> 00:35:47,789 Then they could do intensive multifamily zoning. 545 00:35:47,789 --> 00:35:50,189 Would that be possible? 546 00:35:50,539 --> 00:35:52,139 >> I think that's accurate. 547 00:35:52,139 --> 00:35:57,318 Staff is not in a position to evaluate the legitimacy of some 548 00:35:57,318 --> 00:36:00,680 of these religious beliefs so if it's a house of worship 549 00:36:00,680 --> 00:36:01,443 and it meets the definitions then 550 00:36:01,443 --> 00:36:05,643 they will be able to go forward. 551 00:36:08,699 --> 00:36:09,199 >> Okay. 552 00:36:09,199 --> 00:36:11,779 So what we have is no choice but to adjust our code 553 00:36:11,779 --> 00:36:14,179 to meet state law? 554 00:36:14,539 --> 00:36:17,559 >> The policy as written is designed to purely implement 555 00:36:17,559 --> 00:36:21,779 the state mandates for no more and no less. 556 00:36:21,779 --> 00:36:23,779 >> Motion to approve. 557 00:36:23,899 --> 00:36:26,299 >> Is there a second? 558 00:36:27,906 --> 00:36:30,701 All in favor, say yea. 559 00:36:30,701 --> 00:36:31,752 Carries unanimously. 560 00:36:31,752 --> 00:36:33,752 Next item. 561 00:36:35,419 --> 00:36:37,419 H four. 562 00:36:38,339 --> 00:36:41,739 >> H four is for the adoption of an ordinance to amend membership 563 00:36:41,739 --> 00:36:45,331 to the Planning and Zoning Board and by extension to the local 564 00:36:45,331 --> 00:36:46,739 Planning agency. 565 00:36:46,739 --> 00:36:48,389 Specifically it would reduce membership 566 00:36:48,389 --> 00:36:52,590 from 15 voting members to ten voting members, 567 00:36:52,590 --> 00:36:53,899 two from each district. 568 00:36:53,899 --> 00:36:56,179 Non-voting membership would remain unchanged. 569 00:36:56,179 --> 00:37:00,251 Unless the board gives other direction it is requested that 570 00:37:00,251 --> 00:37:03,565 each board member submit two members to sit on the Planning 571 00:37:03,565 --> 00:37:06,255 and Zoning Board by September 1st which would allow us 572 00:37:06,255 --> 00:37:09,131 to reconstitute the Advisory board in time for a September 573 00:37:09,131 --> 00:37:11,131 14th the meeting. 574 00:37:11,899 --> 00:37:12,579 >> Okay. 575 00:37:12,579 --> 00:37:14,459 We have one card. 576 00:37:14,459 --> 00:37:16,459 Richard Heffelfinger. 577 00:37:21,912 --> 00:37:23,329 >> Rick Heffelfinger district one. 578 00:37:23,329 --> 00:37:28,819 This whole thing has been kind of done I would say poorly. 579 00:37:28,819 --> 00:37:33,190 I don't understand what the urgency was. 580 00:37:33,739 --> 00:37:39,139 On 8/4 meeting a motion was removed during board reports 581 00:37:44,579 --> 00:37:46,547 which is already sloppy procedure as far 582 00:37:46,547 --> 00:37:47,403 as I'm concerned. 583 00:37:47,403 --> 00:37:51,990 The public had no notification of that attempt. 584 00:37:51,990 --> 00:37:53,699 That to me sucks just to use a common word. 585 00:37:53,699 --> 00:37:58,240 Then on eight six at the zoning meeting, 586 00:37:58,240 --> 00:38:01,271 there was added a consent item. 587 00:38:01,271 --> 00:38:03,755 That required a supermajority override 588 00:38:03,755 --> 00:38:07,987 to allow a consent item to go forward at a zoning meeting. 589 00:38:07,987 --> 00:38:13,899 That consent item was to remove one of the D1 designated 590 00:38:13,899 --> 00:38:18,259 of the three and replace him with Robert Jordan 591 00:38:18,259 --> 00:38:20,450 and it seemed that the reason for doing 592 00:38:20,450 --> 00:38:22,483 that was some type of critical timing needed. 593 00:38:22,483 --> 00:38:26,549 I don't understand what that was other than the fact that we know 594 00:38:26,549 --> 00:38:33,149 also that on 8/17 from the board request to modify the procedure 595 00:38:38,619 --> 00:38:41,990 which was not very clear what you wanted to modify -- 596 00:38:41,990 --> 00:38:44,859 you said you were going to look at voting requirements quorum. 597 00:38:44,859 --> 00:38:48,309 Going back down to ten was stated to reduce the size 598 00:38:48,309 --> 00:38:50,499 but the quorum was stated hey let's review 599 00:38:50,499 --> 00:38:56,499 the quorum but at the PNC meeting with the civilians, 600 00:38:56,951 --> 00:38:58,413 that item was presented. 601 00:38:58,413 --> 00:39:00,554 They did not get a written draft of the policy. 602 00:39:00,554 --> 00:39:01,887 They were just told hey. 603 00:39:01,887 --> 00:39:04,656 What we want to do is go to ten and we would 604 00:39:04,656 --> 00:39:08,419 like the quorum to go to three. 605 00:39:08,419 --> 00:39:11,590 Where did the quorum of three come from? 606 00:39:11,590 --> 00:39:13,939 Three is not a quorum of ten. 607 00:39:13,939 --> 00:39:20,190 That makes it look like that you delegitimize the whole ten 608 00:39:20,190 --> 00:39:21,890 voting members. 609 00:39:21,890 --> 00:39:24,310 Have three people only show up and the whole problem 610 00:39:24,310 --> 00:39:26,159 with the reason that you claim that you wanted 611 00:39:26,159 --> 00:39:27,819 to reduce the quorum was that you 612 00:39:27,819 --> 00:39:30,475 can't get people to attend To. 613 00:39:30,475 --> 00:39:35,875 Well, the PNZ local guys said that has not 614 00:39:38,412 --> 00:39:40,805 been a problem for a long time. 615 00:39:40,805 --> 00:39:44,259 They are dedicated to show up as their civic responsibility. 616 00:39:44,259 --> 00:39:46,920 You delegitimize half the people on there 617 00:39:46,920 --> 00:39:47,653 when you make a quorum of three. 618 00:39:47,653 --> 00:39:49,455 It makes it look like you don't care 619 00:39:49,455 --> 00:39:51,125 and that is an improper quorum. 620 00:39:51,125 --> 00:39:54,290 If you've got ten, the quorum should be six. 621 00:39:54,290 --> 00:39:54,972 That's what it was. 622 00:39:54,972 --> 00:39:55,472 Right? 623 00:39:55,472 --> 00:39:59,423 So that is an improper quorum for any application of a voting 624 00:39:59,423 --> 00:39:59,923 member. 625 00:39:59,923 --> 00:40:02,506 I realize their vote doesn't even matter to you. 626 00:40:02,506 --> 00:40:04,890 You can override their recommendation. 627 00:40:04,890 --> 00:40:04,719 Fine. 628 00:40:04,719 --> 00:40:07,574 But that just seems like and by the way, 629 00:40:07,574 --> 00:40:10,290 the guy that was because of the timing matter 630 00:40:10,290 --> 00:40:12,147 Robert Jordan was replaced. 631 00:40:12,147 --> 00:40:14,712 I believe was the guy the gentleman. 632 00:40:14,712 --> 00:40:17,789 He didn't even show up at his first zoning meeting. 633 00:40:17,789 --> 00:40:18,979 That's your problem. 634 00:40:18,979 --> 00:40:20,399 People that don't show up. 635 00:40:20,399 --> 00:40:22,399 I think that quorum should go back to six 636 00:40:22,399 --> 00:40:24,419 or maybe compromise at five. 637 00:40:24,419 --> 00:40:25,891 That's what they wanted. 638 00:40:25,891 --> 00:40:27,891 Thank you. 639 00:40:28,259 --> 00:40:30,259 >> Thank you. 640 00:40:30,371 --> 00:40:31,750 Okay. 641 00:40:31,750 --> 00:40:32,171 Any questions? 642 00:40:32,171 --> 00:40:36,971 Those are all the cards that we have. 643 00:40:36,979 --> 00:40:37,885 All right. 644 00:40:37,885 --> 00:40:40,805 A motion would be in order. 645 00:40:40,805 --> 00:40:45,500 A motion and a second to approve. 646 00:40:45,127 --> 00:40:47,917 All in favor, say yea. 647 00:40:47,917 --> 00:40:49,259 Carries unanimously. 648 00:40:49,259 --> 00:40:51,259 H5. 649 00:41:03,808 --> 00:41:05,100 >> Good morning, commissioners. 650 00:41:05,100 --> 00:41:08,831 Item H5 is requesting for actions from the board. 651 00:41:08,831 --> 00:41:12,205 Action number one is the adoption of the solid waste 652 00:41:12,205 --> 00:41:16,259 Disposal special assessment rate resolution for fiscal year 653 00:41:16,259 --> 00:41:21,910 2026-27 that reflects a 5.33% increase which is the Consumer 654 00:41:21,910 --> 00:41:25,299 Price index for garbage and trash average from March 2025 655 00:41:25,299 --> 00:41:26,889 through February 2026. 656 00:41:26,889 --> 00:41:30,189 The second action is to adopt the solid waste collection 657 00:41:30,189 --> 00:41:33,859 and recycling special Assessment Rate resolution for fiscal year 658 00:41:33,859 --> 00:41:34,539 2026-27. 659 00:41:34,539 --> 00:41:37,539 That reflects a 3% increase which 660 00:41:37,779 --> 00:41:39,985 correlates with the collection contract that 661 00:41:39,985 --> 00:41:41,985 allows a 3% increase. 662 00:41:42,412 --> 00:41:46,851 The third action is to adopt a schedule of special rates 663 00:41:46,851 --> 00:41:51,179 and gate charges resolution for fiscal year 2026-27 which also 664 00:41:51,179 --> 00:41:55,716 carries the 5.33% increase and then the fourth action is 665 00:41:55,716 --> 00:42:00,139 to ratify, confirm and certify the annual disposal collection 666 00:42:00,139 --> 00:42:03,339 and recycling assessment rolls to the Brevard County Tax 667 00:42:03,339 --> 00:42:08,590 Collector and I will answer any questions if you have them. 668 00:42:08,590 --> 00:42:10,632 >> Do you need separate motions? 669 00:42:10,632 --> 00:42:13,259 >> I think that you could just go ahead and approve all four 670 00:42:13,259 --> 00:42:15,259 actions. 671 00:42:18,990 --> 00:42:18,599 >> Okay. 672 00:42:18,599 --> 00:42:19,932 So we can do that in one motion. 673 00:42:19,932 --> 00:42:21,812 I don't think we have any cards here. 674 00:42:21,812 --> 00:42:22,899 No cards? 675 00:42:22,899 --> 00:42:24,299 All right. 676 00:42:24,299 --> 00:42:26,299 Any other questions? 677 00:42:27,219 --> 00:42:29,659 >> I will make a motion to approve. 678 00:42:29,659 --> 00:42:33,120 >> There is a motion and second to approve. 679 00:42:33,120 --> 00:42:35,759 All in favor, say yea. 680 00:42:35,759 --> 00:42:36,959 Carries unanimously. 681 00:42:36,959 --> 00:42:38,519 Thank you. 682 00:42:38,519 --> 00:42:40,919 Next On to H6. 683 00:42:56,132 --> 00:42:57,424 >> Good morning, commissioners. 684 00:42:57,424 --> 00:43:03,424 H six is the annual adoption of the stormwater utility 685 00:43:07,579 --> 00:43:10,565 resolution ratifying, confirming and certifying 686 00:43:10,565 --> 00:43:14,165 the annual stormwater utility special assessment. 687 00:43:14,392 --> 00:43:16,259 >> We do have one card. 688 00:43:16,259 --> 00:43:18,259 Richard Heffelfinger. 689 00:43:23,979 --> 00:43:25,396 >> Rick Heffelfinger district one. 690 00:43:25,396 --> 00:43:28,676 My question is to kind of clarify for me as well as maybe 691 00:43:28,676 --> 00:43:33,530 the public, I see a $64 number yet I got my trim notice here 692 00:43:33,530 --> 00:43:37,589 and I know that I get a special assessment for road and bridge 693 00:43:37,589 --> 00:43:38,905 district 1MSTU. 694 00:43:38,905 --> 00:43:40,605 It's not $64. 695 00:43:40,605 --> 00:43:43,189 I was just wondering if you could clarify. 696 00:43:43,189 --> 00:43:44,845 We didn't increase this. 697 00:43:44,845 --> 00:43:46,779 Where does that show up? 698 00:43:46,779 --> 00:43:48,681 Where do I pay that $64? 699 00:43:48,681 --> 00:43:52,659 That was my only question if you could answer that. 700 00:43:52,659 --> 00:43:54,499 >> It's a simple question. 701 00:43:54,499 --> 00:43:55,525 Okay. 702 00:43:55,525 --> 00:43:59,452 >> The stormwater utility rate is not the same as the Mstu that 703 00:43:59,452 --> 00:44:02,990 he is referencing but I'd be happy to look at your trim 704 00:44:02,990 --> 00:44:04,499 notice and identify the $64. 705 00:44:06,712 --> 00:44:09,719 >> Mr. Chair if I may, the stormwater assessment is 706 00:44:09,719 --> 00:44:10,819 a special assessment. 707 00:44:10,819 --> 00:44:13,252 It does not appear on your notice. 708 00:44:13,252 --> 00:44:14,827 It is what they call below the line 709 00:44:14,827 --> 00:44:17,419 but they can look it up and provide it to you. 710 00:44:17,419 --> 00:44:20,339 >> Just to clarify though that is on the tax bill that comes 711 00:44:20,339 --> 00:44:21,205 at Halloween. 712 00:44:21,205 --> 00:44:25,990 It's just not on the trim notice because the fees are adopted 713 00:44:25,990 --> 00:44:27,779 after the trim goes out. 714 00:44:27,779 --> 00:44:29,321 >> So it's not ad valorem? 715 00:44:29,321 --> 00:44:31,192 Is that what you're saying? 716 00:44:31,192 --> 00:44:33,192 >> Yes sir. 717 00:44:37,134 --> 00:44:39,134 >> Okay. 718 00:44:41,806 --> 00:44:44,206 >> We need a motion? 719 00:44:45,754 --> 00:44:48,154 >> Motion to approve H6. 720 00:44:48,981 --> 00:44:49,755 Second. 721 00:44:49,755 --> 00:44:52,755 All in favor, say yea. 722 00:44:53,625 --> 00:44:54,607 Carries unanimously. 723 00:44:54,607 --> 00:44:55,839 Thank you. 724 00:44:55,839 --> 00:44:57,839 H7. 725 00:45:15,639 --> 00:45:21,390 >> H7 is a request by Strada development for property 726 00:45:23,379 --> 00:45:25,779 2316605, 2316606, 2316607, 2316617 to be ratified pursuant 727 00:45:35,645 --> 00:45:39,845 to section 163.3162. (Indistinct) not a topic that 728 00:45:46,279 --> 00:45:49,899 would specifically be considered relevant at this public hearing. 729 00:45:49,899 --> 00:45:50,859 >> Okay. 730 00:45:50,859 --> 00:45:52,859 We have cards . 731 00:45:55,795 --> 00:45:59,995 We will hear from Representative Kim Rezanka. 732 00:46:03,859 --> 00:46:04,799 >> Good morning. 733 00:46:04,799 --> 00:46:07,799 My name is Kim Rezanka . 734 00:46:10,847 --> 00:46:13,779 I'm here on behalf of Strata Development LLC. 735 00:46:13,779 --> 00:46:18,579 With me there is a representative Chris Foley 736 00:46:19,759 --> 00:46:21,119 and the prior owner. 737 00:46:21,119 --> 00:46:27,719 And Troy Luntz who is the current lessee of the property. 738 00:46:29,190 --> 00:46:32,190 Thank you for your time. 739 00:46:32,252 --> 00:46:33,859 I didn't even notice. 740 00:46:33,859 --> 00:46:36,979 So you have before you something brand new. 741 00:46:36,979 --> 00:46:39,179 The legislature just approved it. 742 00:46:39,179 --> 00:46:41,955 It was July 1st of 2026. 743 00:46:41,955 --> 00:46:44,144 The application is a bit odd. 744 00:46:44,144 --> 00:46:45,344 We've never done it before. 745 00:46:45,344 --> 00:46:48,679 We tried to put it together pretty quickly. 746 00:46:48,679 --> 00:46:52,179 A lot of information in that packet. 747 00:46:52,179 --> 00:46:53,952 The entire packet is very very large 748 00:46:53,952 --> 00:46:58,379 as I'm sure you have seen in the purpose here is to go briefly 749 00:46:58,379 --> 00:47:01,899 over the packet of application, the staff report 750 00:47:01,899 --> 00:47:04,963 and then we have the two witnesses that will testify 751 00:47:04,963 --> 00:47:07,829 to agricultural bona fide use of this property 752 00:47:07,829 --> 00:47:09,815 actually since about 2015. 753 00:47:09,815 --> 00:47:12,215 This new Florida statute 163.3162 754 00:47:13,679 --> 00:47:18,479 requires that you determine that the property is 755 00:47:19,539 --> 00:47:23,961 owned by a single person which it was in your packet. 756 00:47:23,961 --> 00:47:27,639 It has been continuously used for agricultural purposes 757 00:47:27,639 --> 00:47:31,605 for a period of five years before the date of this 758 00:47:31,605 --> 00:47:34,283 to be development application to be submitted. 759 00:47:34,283 --> 00:47:39,132 All this does is provide that this is an agricultural enclave 760 00:47:39,132 --> 00:47:41,990 and then we still have to come forward 761 00:47:41,990 --> 00:47:44,635 with a development plan, preliminary plat 762 00:47:44,635 --> 00:47:46,752 or some other pre-application meeting. 763 00:47:46,752 --> 00:47:48,739 So this does not give any entitlements 764 00:47:48,739 --> 00:47:51,115 to this property at this time. 765 00:47:51,115 --> 00:47:54,112 That's just allows us to move forward with the development 766 00:47:54,112 --> 00:47:56,512 application for this property. 767 00:47:56,947 --> 00:48:02,347 There is another -- an affidavit in your packet. 768 00:48:08,205 --> 00:48:12,115 The location requirements based on the adjacent properties -- 769 00:48:12,115 --> 00:48:15,979 in your packet there is a map. 770 00:48:15,979 --> 00:48:17,749 Hand-drawn, I apologize. 771 00:48:17,749 --> 00:48:20,639 There are 27 properties that surround this. 772 00:48:20,639 --> 00:48:24,499 The properties to the south of East Cristofoli road 773 00:48:24,499 --> 00:48:27,965 also apply based on the definitions in the statute 774 00:48:27,965 --> 00:48:29,571 so there are 27 properties. 775 00:48:29,571 --> 00:48:32,355 20 of those are developed with single family residential. 776 00:48:32,355 --> 00:48:35,879 All of them are future land use residential. 777 00:48:35,879 --> 00:48:37,694 So that is one of the criteria. 778 00:48:37,694 --> 00:48:41,747 Has public service or will have public service. 779 00:48:41,747 --> 00:48:44,205 That is why you have the zoning report in this application. 780 00:48:44,205 --> 00:48:47,439 Because the zoning report that was denied previously talks 781 00:48:47,439 --> 00:48:49,624 about the water and sewer which was there. 782 00:48:49,624 --> 00:48:53,339 I put in a map of parks because some jurisdictions 783 00:48:53,339 --> 00:48:55,679 say that parks are a public facility so that 784 00:48:55,679 --> 00:48:58,985 is why that map of parks is in there, as well. 785 00:48:58,985 --> 00:49:01,279 And that it meets the acreage requirement. 786 00:49:01,279 --> 00:49:03,720 This is 142 acres. 787 00:49:03,720 --> 00:49:09,724 That is less than the maximum of 700 acres per month so with 788 00:49:09,724 --> 00:49:14,670 that, I will ask that you approve this as an agricultural 789 00:49:14,670 --> 00:49:17,539 enclave but I do wish to call it Mr. 790 00:49:17,539 --> 00:49:20,579 Bud Cristofoli to tell about the use of the property and his 791 00:49:20,579 --> 00:49:27,179 lease on that property for many many years permit are -- 792 00:49:37,299 --> 00:49:40,299 >> Good morning commissioners and staff. 793 00:49:40,379 --> 00:49:45,890 My name is Bud Cristofoli, North Merritt Island 5525 North 794 00:49:45,890 --> 00:49:46,590 Portman Parkway. 795 00:49:46,590 --> 00:49:49,213 If you have any specific questions I can answer them 796 00:49:49,213 --> 00:49:53,279 but I can tell you that this property has been agricultural 797 00:49:53,279 --> 00:49:58,322 since the 40s when it was planted in Citrus Grove 798 00:49:58,322 --> 00:49:59,855 by the Laroche family. 799 00:49:59,855 --> 00:50:02,959 I have been on this and had the lease on this property 800 00:50:02,959 --> 00:50:03,759 since 2015. 801 00:50:03,759 --> 00:50:06,790 We have run cattle. 802 00:50:06,790 --> 00:50:09,350 That is when the Groves started going downhill 803 00:50:09,350 --> 00:50:11,810 and the owner asked us to step in. 804 00:50:11,810 --> 00:50:13,643 We were kind of helping him with his grove. 805 00:50:13,643 --> 00:50:14,571 Family friend. 806 00:50:14,571 --> 00:50:16,599 And so we have been there continuously 807 00:50:16,599 --> 00:50:18,272 and all through this time. 808 00:50:18,272 --> 00:50:21,743 We changed it over to 782 when we formed the Corporation 809 00:50:21,743 --> 00:50:23,750 for the land. 810 00:50:23,750 --> 00:50:27,664 782 East Cristofoli road so we call it 782 LLC, 811 00:50:27,664 --> 00:50:33,129 and we have farmed cattle until Samuel MacK notified the state 812 00:50:33,129 --> 00:50:36,778 that he would be taking over that lease sometime after 813 00:50:36,778 --> 00:50:42,910 the first of this year around January 15th or February. 814 00:50:42,910 --> 00:50:44,579 We actually still had cows in there 815 00:50:44,579 --> 00:50:47,481 because we had a few renegades who got out of the pens 816 00:50:47,481 --> 00:50:50,203 when we were trying to get off the property but we finally 817 00:50:50,203 --> 00:50:52,339 got everything out and he has been there 818 00:50:52,339 --> 00:50:54,483 since that period of time but if there's 819 00:50:54,483 --> 00:50:56,539 anything else I can let you know about, 820 00:50:56,539 --> 00:51:01,339 I will be glad to answer any questions. 821 00:51:04,488 --> 00:51:07,366 >> Okay comment any >> I have a quick question. 822 00:51:07,366 --> 00:51:09,740 I was by there and looked at it. 823 00:51:09,740 --> 00:51:10,632 I noticed to the back of the property 824 00:51:10,632 --> 00:51:12,939 if I'm looking at the right spot, 825 00:51:12,939 --> 00:51:18,939 it looked like there was palm trees, cultured palm trees. 826 00:51:20,659 --> 00:51:27,259 Is there any (Indistinct) palms or is it off the property? 827 00:51:28,779 --> 00:51:31,179 >> We do have palms. 828 00:51:31,236 --> 00:51:34,399 We sold hundreds of them at one time. 829 00:51:34,399 --> 00:51:36,752 >> So it was not just cattle agriculture? 830 00:51:36,752 --> 00:51:38,752 It was ornamental? 831 00:51:39,499 --> 00:51:40,965 >> We have tree farms. 832 00:51:40,965 --> 00:51:44,574 They are across the street on our other family properties. 833 00:51:44,574 --> 00:51:46,732 I didn't concentrate on that there but there were 834 00:51:46,732 --> 00:51:49,619 so many palms and rather than just putting them in a pile, 835 00:51:49,619 --> 00:51:51,827 we did sell those and move those to different parcels 836 00:51:51,827 --> 00:51:54,707 of our own property but it is primarily cattle. 837 00:51:54,707 --> 00:52:00,107 It is continually and entirely fenced around the perimeter. 838 00:52:00,202 --> 00:52:02,619 >> Just noticing on the back of the property it looks like 839 00:52:02,619 --> 00:52:05,190 there's a palm grove. 840 00:52:05,299 --> 00:52:07,739 >> It looks like that when you clean around it and that is 841 00:52:07,739 --> 00:52:11,659 because every place there was an orange tree, 842 00:52:11,659 --> 00:52:15,699 a bird landed in that tree and bought that area and you will 843 00:52:15,699 --> 00:52:18,579 notice in some of the old Groves it looks like you have planted 844 00:52:18,579 --> 00:52:21,675 palm trees because they are now in their 20th and 30th year 845 00:52:21,675 --> 00:52:23,899 of being frozen out. 846 00:52:23,899 --> 00:52:26,883 >> I noticed there is a line colonnade of palms in front 847 00:52:26,883 --> 00:52:28,825 of the property that really looks nice. 848 00:52:28,825 --> 00:52:35,139 Do those come from the site or were those brought from outside? 849 00:52:35,139 --> 00:52:35,659 >> Both. 850 00:52:35,659 --> 00:52:37,484 We had some on one side. 851 00:52:37,484 --> 00:52:41,840 And Australian pines around the property, 852 00:52:42,440 --> 00:52:45,152 too, from back in the old days when 853 00:52:45,152 --> 00:52:50,299 they protected their property with pine trees from the wind. 854 00:52:50,299 --> 00:52:53,289 >> Mr. Cristofoli since the time that you had the lease 855 00:52:53,289 --> 00:52:56,350 on the property were you aware that the property had 856 00:52:56,350 --> 00:52:59,539 an agricultural classification by the Brevard County Property 857 00:52:59,539 --> 00:53:01,339 Appraiser's office? 858 00:53:01,339 --> 00:53:01,899 >> Yes. 859 00:53:01,899 --> 00:53:03,965 We reviewed that on a regular basis. 860 00:53:03,965 --> 00:53:07,952 We also had an Fdacs with the state on the property best 861 00:53:07,952 --> 00:53:09,288 management practice. 862 00:53:09,288 --> 00:53:13,419 In order to comply with the different regulations 863 00:53:13,419 --> 00:53:16,679 and apply for these approvals we have 864 00:53:16,679 --> 00:53:19,179 to have that to do our fencing in certain areas 865 00:53:19,179 --> 00:53:23,379 and maintain the property in certain areas. 866 00:53:24,500 --> 00:53:25,639 >> Okay. 867 00:53:25,639 --> 00:53:27,639 >> Thank you. 868 00:53:27,659 --> 00:53:29,655 >> Thank you commissioners and thank you. 869 00:53:29,655 --> 00:53:33,579 Nobody ever says thank you for what you do but thank you. 870 00:53:33,579 --> 00:53:34,859 >> Thank you. 871 00:53:34,859 --> 00:53:41,459 >> Next I would ask who also has a card, Troy Rentz. 872 00:53:54,493 --> 00:53:55,160 >> Good morning. 873 00:53:55,160 --> 00:53:56,770 My name is Troy Rentz. 874 00:53:56,770 --> 00:54:00,539 I'm the president of Gold Coast Land Management. 875 00:54:00,539 --> 00:54:04,339 We have managed and farmed the property since the purchase 876 00:54:04,339 --> 00:54:06,339 in 2025. 877 00:54:06,921 --> 00:54:12,321 It still remains as a commercial cow calf operation 878 00:54:16,190 --> 00:54:20,270 as Mr. Cristofoli has had for years past. 879 00:54:20,270 --> 00:54:25,427 It meets the requirements of good faith, bona fide 880 00:54:25,715 --> 00:54:29,552 agriculture and has been approved by the Brevard County 881 00:54:29,552 --> 00:54:31,952 Property Appraiser under section 193.461, 882 00:54:33,755 --> 00:54:38,555 so it is a continued green belt property. 883 00:54:39,201 --> 00:54:43,978 We run about 50 head of commercial cattle on it, 884 00:54:43,978 --> 00:54:48,178 so it is a cow calf operation. 885 00:54:52,561 --> 00:54:53,610 >> Okay. 886 00:54:53,610 --> 00:54:55,610 Any questions? 887 00:54:56,979 --> 00:54:58,779 Okay. 888 00:54:58,779 --> 00:55:00,339 >> Thank you. 889 00:55:00,339 --> 00:55:03,643 >> With that, we would ask that you accept 890 00:55:03,643 --> 00:55:07,275 the staff's recommendation that this does indeed meet 891 00:55:07,275 --> 00:55:10,699 the criteria of the agricultural enclave certification process 892 00:55:10,699 --> 00:55:15,525 and that you find that this is an agricultural enclave. 893 00:55:15,525 --> 00:55:17,515 If there's any questions -- 894 00:55:17,515 --> 00:55:20,283 I just didn't want to go through the entire package. 895 00:55:20,283 --> 00:55:22,659 I'm happy to do it if you would like me 896 00:55:22,659 --> 00:55:24,379 to but your staff has said that we meet 897 00:55:24,379 --> 00:55:27,290 the requirements and the only issue that may have come up 898 00:55:27,290 --> 00:55:29,801 was to prove that there were indeed cattle 899 00:55:29,801 --> 00:55:32,201 on the property since 2015. 900 00:55:32,301 --> 00:55:37,101 Over the five year period required permit --. 901 00:55:51,570 --> 00:55:54,570 >> We do have one card. 902 00:55:54,718 --> 00:55:55,385 >> Good morning. 903 00:55:55,385 --> 00:55:57,468 My name is Danielle and I live on the Western side 904 00:55:57,468 --> 00:56:00,844 of Cristofoli and the corner of Justin Road and East Cristofoli 905 00:56:00,844 --> 00:56:01,344 Road. 906 00:56:01,344 --> 00:56:03,839 I'm asking the board to deny the project altogether. 907 00:56:03,839 --> 00:56:06,419 I want both sides to be heard today. 908 00:56:06,419 --> 00:56:09,627 The applicant has every right to present their case. 909 00:56:09,627 --> 00:56:14,590 The community has equal rights to present why this request 910 00:56:14,590 --> 00:56:16,590 doesn't belong here. 911 00:56:17,299 --> 00:56:22,990 Those surrounding properties are large agricultural and rural 912 00:56:25,859 --> 00:56:26,899 parcels. 913 00:56:26,899 --> 00:56:31,699 County code says zoning is meant to protect 914 00:56:32,259 --> 00:56:33,739 the spacious character. 915 00:56:33,739 --> 00:56:38,469 Half cluster lots on this scale would break the established 916 00:56:38,469 --> 00:56:40,890 problem of the corridor. 917 00:56:40,890 --> 00:56:42,939 The most severe problem though is flooding. 918 00:56:42,939 --> 00:56:45,169 The historic drainage system drains westward 919 00:56:45,169 --> 00:56:47,899 toward Jensen Road and as a resident living 920 00:56:47,899 --> 00:56:49,875 at the downstream end of it I can tell you 921 00:56:49,875 --> 00:56:52,987 from direct experience that the ground where I live stays 922 00:56:52,987 --> 00:56:55,307 saturated for months and not just days even 923 00:56:55,307 --> 00:56:56,979 after an ordinary rain. 924 00:56:56,979 --> 00:56:58,979 Standing water and waterlogged soil 925 00:56:58,979 --> 00:57:01,190 persist long after the rain stops. 926 00:57:01,190 --> 00:57:03,289 Access becomes difficult or impossible 927 00:57:03,289 --> 00:57:05,599 during these extended periods of wet. 928 00:57:05,599 --> 00:57:07,369 The applicant's own engineer has stated 929 00:57:07,369 --> 00:57:11,192 that the development footprint will be 50 to 55 acres. 930 00:57:11,192 --> 00:57:13,889 Replacing that much vegetation and open drainage 931 00:57:13,889 --> 00:57:15,851 with rooftops and driveways and roads 932 00:57:15,851 --> 00:57:19,352 will push some more stormwater and push it faster 933 00:57:19,352 --> 00:57:21,267 into a system that is already failing. 934 00:57:21,267 --> 00:57:23,939 The result will be more frequent, deeper 935 00:57:23,939 --> 00:57:26,499 and long lasting flooding on the downstream properties 936 00:57:26,499 --> 00:57:30,542 where people already live and I've seen it every time 937 00:57:30,542 --> 00:57:32,579 a rainstorm comes through there. 938 00:57:32,579 --> 00:57:34,789 My neighbor's yards also flood into their homes. 939 00:57:34,789 --> 00:57:37,239 I also need to ask this question for the record. 940 00:57:37,239 --> 00:57:40,379 If the additional runoff from the 61 homes 941 00:57:40,379 --> 00:57:43,405 causes or worsens artificial stormwater accumulation 942 00:57:43,405 --> 00:57:46,339 and results in physical damage to established downstream 943 00:57:46,339 --> 00:57:50,512 properties, what specific legal remedies for county hazard 944 00:57:50,512 --> 00:57:52,419 mitigation protocols are in place 945 00:57:52,419 --> 00:57:54,459 to hold the appropriate parties accountable? 946 00:57:54,459 --> 00:57:58,590 The North Merritt Island Board previously 947 00:57:58,569 --> 00:58:02,499 struck denial of this request and prefer lower density zoning 948 00:58:02,499 --> 00:58:04,619 permit that recommendation should carry weight. 949 00:58:04,619 --> 00:58:07,179 I'm not opposed to all development. 950 00:58:07,179 --> 00:58:09,447 I'm opposed to a proposal that does not fit the land 951 00:58:09,447 --> 00:58:11,459 or the drainage system that already struggles 952 00:58:11,459 --> 00:58:12,564 under current conditions. 953 00:58:12,564 --> 00:58:16,329 For those reasons I ask the board to deny probably 954 00:58:16,329 --> 00:58:18,329 2500039 as Proposed. 955 00:58:19,359 --> 00:58:21,359 Thank you. 956 00:58:26,760 --> 00:58:27,409 >> I have a couple of questions. 957 00:58:27,409 --> 00:58:29,760 You may want to stay here because you've 958 00:58:29,760 --> 00:58:31,666 made some good points and it has brought some things 959 00:58:31,666 --> 00:58:33,859 to light that I want to clarify with staff. 960 00:58:33,859 --> 00:58:37,619 Could you address this as a zoning item? 961 00:58:37,619 --> 00:58:39,110 >> Yeah. 962 00:58:39,110 --> 00:58:41,110 I wasn't sure. 963 00:58:42,450 --> 00:58:44,762 >> It's never been done in the history of Florida so you're not 964 00:58:44,762 --> 00:58:51,405 the only one but this really is not what we're reviewing is it? 965 00:58:51,405 --> 00:58:53,720 >> This is not a request for a rezoning. 966 00:58:53,720 --> 00:58:55,395 The board previously denied a rezoning request 967 00:58:55,395 --> 00:58:59,247 and the next item on your agenda relates to that rezoning request 968 00:58:59,247 --> 00:59:01,469 but the item before you is not. 969 00:59:01,469 --> 00:59:05,690 This is about agricultural enclave certification. 970 00:59:05,232 --> 00:59:08,123 Whether it meets all the statutory criteria 971 00:59:08,123 --> 00:59:10,592 that the state sets up to classify it 972 00:59:10,592 --> 00:59:12,199 as an agricultural enclave. 973 00:59:12,199 --> 00:59:16,467 If it does meet those criteria, certain aspects 974 00:59:16,467 --> 00:59:20,659 of our land use development of regulations 975 00:59:20,659 --> 00:59:22,859 are preempted by state law. 976 00:59:22,859 --> 00:59:24,859 They would be able to pull in development rights 977 00:59:24,859 --> 00:59:26,929 from a neighboring parcel. 978 00:59:26,929 --> 00:59:30,159 In this case, Indian River preserve. 979 00:59:30,159 --> 00:59:32,165 But this is not a request for a rezoning. 980 00:59:32,165 --> 00:59:34,923 This is a request to certify whether it 981 00:59:34,923 --> 00:59:36,712 meets the state mandated requirements 982 00:59:36,712 --> 00:59:39,112 of an agricultural enclave. 983 00:59:45,359 --> 00:59:47,859 >> Was H seven and I one so I did put the I first so maybe I 984 00:59:47,859 --> 00:59:51,529 had messed up so I went ahead and redid it to the H seven 985 00:59:51,529 --> 00:59:54,525 so that was completely my bad. 986 00:59:54,525 --> 00:59:55,736 >> I'm glad you're here. 987 00:59:55,736 --> 00:59:58,850 We are on untrodden ground here so 988 00:59:58,850 --> 01:00:00,159 what would it be possible would be something 989 01:00:00,159 --> 01:00:06,159 compatible with a nearby land use such as Indian River 990 01:00:06,325 --> 01:00:08,299 preserve. 991 01:00:08,299 --> 01:00:09,799 >> I'm sorry I misspoke. 992 01:00:09,799 --> 01:00:13,890 I think it's Island forest Preserve but yes. 993 01:00:13,890 --> 01:00:16,432 Frankly compatibility doesn't really play into the analysis. 994 01:00:16,432 --> 01:00:19,769 If a neighboring property has those entitlements 995 01:00:19,769 --> 01:00:23,369 they would get the same entitlements. 996 01:00:23,419 --> 01:00:24,125 >> Okay. 997 01:00:24,125 --> 01:00:26,899 I know the applicant may have some feedback on that 998 01:00:26,899 --> 01:00:29,579 but I just want to be sure you understood. 999 01:00:29,579 --> 01:00:30,352 >> Yeah. 1000 01:00:30,352 --> 01:00:34,299 Very confused on that one so again my apologies. 1001 01:00:34,299 --> 01:00:35,679 >> No confusion. 1002 01:00:35,679 --> 01:00:38,590 Again this is untrodden ground. 1003 01:00:38,590 --> 01:00:40,179 I think there is only one other place 1004 01:00:40,179 --> 01:00:42,690 in the entire state that might be 1005 01:00:42,690 --> 01:00:44,205 evaluating this enclave issue. 1006 01:00:44,205 --> 01:00:47,139 But it is again another thing that the state of Florida 1007 01:00:47,139 --> 01:00:52,539 has passed just mandating and forcing onto >> I know. 1008 01:00:54,990 --> 01:00:55,990 I've read it many times. 1009 01:00:55,990 --> 01:00:56,499 >> Just a technical question. 1010 01:00:56,499 --> 01:00:57,992 Thank you Mr. Chair. 1011 01:00:57,992 --> 01:01:02,483 By virtue of doing this they still have site plan review 1012 01:01:02,483 --> 01:01:05,613 and they're still going to do stormwater retention 1013 01:01:05,613 --> 01:01:09,259 on the property as part of that process? 1014 01:01:09,259 --> 01:01:12,339 >> That is correct and in this area there is enhanced 1015 01:01:12,339 --> 01:01:15,339 requirements for required capacity storage. 1016 01:01:15,819 --> 01:01:17,699 >> Thank you. 1017 01:01:17,699 --> 01:01:18,410 >> Okay. 1018 01:01:18,410 --> 01:01:19,121 All right. 1019 01:01:19,121 --> 01:01:22,121 That was our last card. 1020 01:01:23,393 --> 01:01:23,893 >> Yes. 1021 01:01:23,893 --> 01:01:26,729 That's why I tried to explain why we had part of the zoning 1022 01:01:26,729 --> 01:01:27,915 report in this application. 1023 01:01:27,915 --> 01:01:32,323 It was just to preserve their public services which are part 1024 01:01:32,323 --> 01:01:36,763 of the requirements of the ag certification so again until we 1025 01:01:36,763 --> 01:01:41,435 present a development plan, the staff will have some discretion 1026 01:01:41,435 --> 01:01:47,990 to go by the codes to make sure it meets the definition 1027 01:01:47,990 --> 01:01:52,600 of the state statute which is a little vague but this is a brand 1028 01:01:52,600 --> 01:01:58,812 new state statute July 1st 2026 and we did not intend to go this 1029 01:01:58,812 --> 01:01:59,312 process. 1030 01:01:59,312 --> 01:02:02,259 It was just something the state legislature has allowed 1031 01:02:02,259 --> 01:02:03,991 so that's why we are here and we would 1032 01:02:03,991 --> 01:02:06,991 ask for the AG certification. 1033 01:02:08,325 --> 01:02:09,355 >> All right. 1034 01:02:09,355 --> 01:02:11,139 Commissioner Goodson. 1035 01:02:11,139 --> 01:02:15,939 >> I would like to make the motion (Indistinct) 1036 01:02:18,823 --> 01:02:19,323 >> Second. 1037 01:02:19,323 --> 01:02:22,320 >> A motion and a second to approve the agricultural enclave 1038 01:02:22,320 --> 01:02:22,645 designation. 1039 01:02:22,645 --> 01:02:23,771 Any discussion? 1040 01:02:23,771 --> 01:02:27,371 All those in favor say yea. 1041 01:02:28,499 --> 01:02:30,499 Carries unanimously. 1042 01:02:31,659 --> 01:02:37,590 Thank you and we will move to I one. 1043 01:02:42,390 --> 01:02:44,747 >> I one is for consideration of a tentative settlement agreement 1044 01:02:44,747 --> 01:02:48,299 which comes to you from mediation under the Florida Land 1045 01:02:48,299 --> 01:02:51,899 Use and Environmental Dispute Resolution Act. 1046 01:02:57,819 --> 01:03:01,419 Miss Kim Rezanka represents the applicant 1047 01:03:03,743 --> 01:03:06,315 who is the subject of the previous item. 1048 01:03:06,315 --> 01:03:08,779 I believe given the action on the previous item 1049 01:03:08,779 --> 01:03:11,539 this action may be moot but I will 1050 01:03:11,539 --> 01:03:15,139 let miss Rezanka speak to that. 1051 01:03:17,990 --> 01:03:19,990 >> Good good morning. 1052 01:03:19,871 --> 01:03:25,165 Kim Rezanka here on behalf of Strada Development, LLC. 1053 01:03:25,165 --> 01:03:27,379 Here with me also is Dustin Gudgel 1054 01:03:27,379 --> 01:03:29,779 representing Strada Development, LLC. 1055 01:03:31,687 --> 01:03:37,687 This process called FLUEDRA is under the Bert Harris mediation 1056 01:03:37,889 --> 01:03:38,559 process. 1057 01:03:38,559 --> 01:03:40,247 We brought this forward after rezoning 1058 01:03:40,247 --> 01:03:44,490 was denied for SR with the PDP and this is the same property 1059 01:03:44,490 --> 01:03:46,263 in Merritt Island, 143 acres. 1060 01:03:46,263 --> 01:03:49,449 We went through this process we started 1061 01:03:49,449 --> 01:03:53,649 this process before the ag agriculture Enclave 1062 01:03:53,779 --> 01:03:54,639 certification. 1063 01:03:54,639 --> 01:03:58,239 As I mentioned previously, the ag 1064 01:03:58,719 --> 01:04:00,904 enclave Certification law is brand new. 1065 01:04:00,904 --> 01:04:03,850 To me it is a little ambiguous as to what it allows and does 1066 01:04:03,850 --> 01:04:05,979 not allow and we don't know what development 1067 01:04:05,979 --> 01:04:09,152 will be allowed until we have a preliminary plat which 1068 01:04:09,152 --> 01:04:11,925 is a fully engineered drawn like a pud. 1069 01:04:11,925 --> 01:04:14,995 We're hoping to do that soon but in an abundance of caution 1070 01:04:14,995 --> 01:04:16,355 we went through this process. 1071 01:04:16,355 --> 01:04:21,155 We mediated for about 5.5 hours with staff -- 1072 01:04:25,790 --> 01:04:26,783 I mean there were 5 or 6 staff members. 1073 01:04:26,783 --> 01:04:28,630 We had a mediated. 1074 01:04:28,630 --> 01:04:29,275 I was there. 1075 01:04:29,275 --> 01:04:31,556 Three members of the development team 1076 01:04:31,556 --> 01:04:32,931 were there including the engineer 1077 01:04:32,931 --> 01:04:37,259 and we came forward with this mediation agreement. 1078 01:04:37,259 --> 01:04:39,990 It was mediated in good faith. 1079 01:04:39,990 --> 01:04:41,892 Staff has recommended it and this is an option 1080 01:04:41,892 --> 01:04:43,389 to the agriculture enclave. 1081 01:04:43,389 --> 01:04:45,629 We are not withdrawing it at this time. 1082 01:04:45,629 --> 01:04:47,832 What this does is allow it to come back 1083 01:04:47,832 --> 01:04:49,887 before you with the RR one zoning 1084 01:04:49,887 --> 01:04:51,753 so we still have to come back. 1085 01:04:51,753 --> 01:04:54,131 It is still a public hearing as mentioned 1086 01:04:54,131 --> 01:04:56,403 in one of the letters that is in your packet, 1087 01:04:56,403 --> 01:05:01,139 and you may recall previously the more North Merritt Island 1088 01:05:01,139 --> 01:05:06,539 Special District Board did indicate that RR1 was something 1089 01:05:06,975 --> 01:05:08,960 they would have considered had we 1090 01:05:08,960 --> 01:05:10,252 asked for it for this property. 1091 01:05:10,252 --> 01:05:13,139 We had gone with the SR zoning request 1092 01:05:13,139 --> 01:05:17,654 because Highland Forest Preserve has SR with a BD p. 1093 01:05:17,654 --> 01:05:20,595 We had no intention of using this as a subdivision. 1094 01:05:20,595 --> 01:05:22,925 We intend to use half acre lots which 1095 01:05:22,925 --> 01:05:25,595 is still with the developer wishes to do. 1096 01:05:25,595 --> 01:05:28,683 However one acre lots are acceptable to the developer 1097 01:05:28,683 --> 01:05:31,379 so we would ask that you indeed approve the settlement 1098 01:05:31,379 --> 01:05:33,955 agreement that has been recommended and signed by staff 1099 01:05:33,955 --> 01:05:37,439 and recommended by the mediator, Judge David Duggan, 1100 01:05:37,439 --> 01:05:38,907 and allow us to go forward. 1101 01:05:38,907 --> 01:05:41,365 However the settlement agreement does say we will come back 1102 01:05:41,365 --> 01:05:43,919 October 1st for the hearing if you give us a rehearing. 1103 01:05:43,919 --> 01:05:47,590 We would like to move that until December 10th. 1104 01:05:47,590 --> 01:05:50,465 I believe that is the first and only zoning meeting in December. 1105 01:05:50,465 --> 01:05:53,234 That way if we are able to move forward and have confidence 1106 01:05:53,234 --> 01:05:55,595 that we can go forward with the development plan 1107 01:05:55,595 --> 01:05:57,479 under the AG Enclave certification 1108 01:05:57,479 --> 01:05:59,919 we will then withdraw the zoning application. 1109 01:05:59,919 --> 01:06:02,779 So we would ask that you approve the settlement agreement. 1110 01:06:02,779 --> 01:06:05,379 We will still make the application but again, 1111 01:06:05,379 --> 01:06:09,339 modify the settlement agreement to come back to public hearing 1112 01:06:09,339 --> 01:06:10,945 on December 10th. 1113 01:06:10,945 --> 01:06:13,939 So with that we would ask for your approval 1114 01:06:13,939 --> 01:06:16,939 of the tentative settlement agreement. 1115 01:06:18,385 --> 01:06:18,885 >> Okay. 1116 01:06:18,885 --> 01:06:20,506 We have no other cards? 1117 01:06:20,506 --> 01:06:25,306 Morris, did you push that button? >> I did. 1118 01:06:28,788 --> 01:06:30,538 I like to clarify for accuracy and to make 1119 01:06:30,538 --> 01:06:33,590 the record clear in this case staff is not recommended 1120 01:06:33,590 --> 01:06:36,439 that the board take a specific action for under the agreement 1121 01:06:36,439 --> 01:06:39,247 the obligation of staff was to request whether the board wished 1122 01:06:39,247 --> 01:06:41,587 to consider to reopen the public hearing 1123 01:06:41,587 --> 01:06:44,283 and whether the board wished to reconsider its denial. 1124 01:06:44,283 --> 01:06:46,970 Staff did not recommend the denial 1125 01:06:46,970 --> 01:06:49,359 that the requested action is to consider 1126 01:06:49,359 --> 01:06:51,185 whether the Board of County Commissioners 1127 01:06:51,185 --> 01:06:54,118 consider the recommendation to reopen the public hearing 1128 01:06:54,118 --> 01:06:55,959 and consider its denial of the application. 1129 01:06:55,959 --> 01:06:58,970 You are given three options under board action which 1130 01:06:58,970 --> 01:07:01,259 is approve the recommendation, reject 1131 01:07:01,259 --> 01:07:04,322 the recommendation of the magistrate, not staff, 1132 01:07:04,322 --> 01:07:07,549 and not a formal recommendation that was just incorporating 1133 01:07:07,549 --> 01:07:09,429 the agreement or an alternative option 1134 01:07:09,429 --> 01:07:11,291 where the board modifies it. 1135 01:07:11,291 --> 01:07:17,291 I would advise the board to consider the precedence you 1136 01:07:20,219 --> 01:07:25,190 might establish by denying without sending it back 1137 01:07:25,519 --> 01:07:29,179 through North Merritt Island Ford and the Planning and Zoning 1138 01:07:29,179 --> 01:07:30,847 Board which would be the outcome if you 1139 01:07:30,847 --> 01:07:32,319 were to approve this request. 1140 01:07:32,319 --> 01:07:35,139 I would agree with Mr. Prasad that I 1141 01:07:35,139 --> 01:07:36,949 think it is largely mooted by virtue 1142 01:07:36,949 --> 01:07:40,450 of the board's agricultural enclave certification. 1143 01:07:40,450 --> 01:07:42,713 The board's hands were tied by the state in that case. 1144 01:07:42,713 --> 01:07:45,339 I think you had no choice but to approve that. 1145 01:07:45,339 --> 01:07:47,851 You have a free choice with regard to this action. 1146 01:07:47,851 --> 01:07:49,674 Staff is not recommending that you take 1147 01:07:49,674 --> 01:07:52,740 any particular one >> Okay. 1148 01:07:54,116 --> 01:07:54,699 Any questions? 1149 01:07:54,699 --> 01:07:57,759 >> Can I just ask an order of operations question here Kim Mac 1150 01:07:57,759 --> 01:08:04,959 why not just table this one and wait for the Argonne -- 1151 01:08:09,710 --> 01:08:13,310 Ag enclave situation to play out? 1152 01:08:15,990 --> 01:08:16,509 >> We could revisit this after? 1153 01:08:16,509 --> 01:08:19,899 Maybe that's the cleaner thing to do. 1154 01:08:19,899 --> 01:08:21,965 >> I think that would be absolutely fine. 1155 01:08:21,965 --> 01:08:25,312 October 1st maybe premature because that would be prior to I 1156 01:08:25,312 --> 01:08:30,750 think it is 180 days after you submit an application 1157 01:08:30,750 --> 01:08:34,899 for the process to play out under the AG enclave so I 1158 01:08:34,899 --> 01:08:39,507 don't know if we will necessarily know more 1159 01:08:39,507 --> 01:08:41,507 on September 1st. 1160 01:08:42,499 --> 01:08:44,499 >> December 10th. 1161 01:08:44,619 --> 01:08:47,990 >> I don't think you need to table it to a date certain. 1162 01:08:47,990 --> 01:08:48,872 I think this public hearing didn't 1163 01:08:48,872 --> 01:08:51,525 have specific advertising requirements tied to it 1164 01:08:51,525 --> 01:08:52,630 other than putting it in. 1165 01:08:52,630 --> 01:08:56,523 So we could leave it open ended or you could put double dashes 1166 01:08:56,523 --> 01:08:58,365 up to the board. 1167 01:08:58,365 --> 01:09:00,475 >> I just mean for the sake of the applicant, 1168 01:09:00,475 --> 01:09:02,240 split it with you. 1169 01:09:02,240 --> 01:09:05,299 We could say we will take it up December 10th and if the AG 1170 01:09:05,299 --> 01:09:09,185 enclave has figured it out before then then this is a moot 1171 01:09:09,185 --> 01:09:09,685 point. 1172 01:09:09,685 --> 01:09:12,272 Then you will pull it. 1173 01:09:12,272 --> 01:09:13,979 >> We certainly will. 1174 01:09:13,979 --> 01:09:15,459 >> That's acceptable to her. 1175 01:09:15,459 --> 01:09:19,590 Is that okay with the board? 1176 01:09:19,419 --> 01:09:23,888 >> Before we have a motion I would like to hear from 1177 01:09:23,888 --> 01:09:24,763 Commissioner Goodson. 1178 01:09:24,763 --> 01:09:29,405 Did you have any preferences just out of deference? 1179 01:09:29,405 --> 01:09:31,805 >> No sir I don't. 1180 01:09:34,179 --> 01:09:38,979 What Commissioner Feltner once is good with me. 1181 01:09:39,299 --> 01:09:39,856 >> I'm sorry. 1182 01:09:39,856 --> 01:09:41,475 I didn't mean to step on him. 1183 01:09:41,475 --> 01:09:43,401 I appreciate that. 1184 01:09:43,401 --> 01:09:45,801 I show deference, too. 1185 01:09:48,772 --> 01:09:51,390 So we will table this till December 10th and hope that 1186 01:09:51,390 --> 01:09:53,779 the ag enclave situation works itself out by then. 1187 01:09:53,779 --> 01:09:55,694 If not then we will consider this then. 1188 01:09:55,694 --> 01:09:57,694 That's my motion. 1189 01:09:58,190 --> 01:10:00,190 >> Second. 1190 01:10:03,987 --> 01:10:05,174 >> All in favor, say yea. 1191 01:10:05,174 --> 01:10:09,239 Motion carries and we will move on to J1 new business. 1192 01:10:09,239 --> 01:10:11,225 Which is my item. 1193 01:10:11,225 --> 01:10:14,251 This is asking the board to approve a letter, 1194 01:10:14,251 --> 01:10:21,451 and what the letter does is it offers support for original LNG 1195 01:10:22,419 --> 01:10:24,819 production storage infrastructure facility 1196 01:10:26,609 --> 01:10:32,529 at Kennedy Space Center and Cape Canaveral Space Force Station. 1197 01:10:32,529 --> 01:10:37,765 So it is not an effort to put LNG outside the Space Center 1198 01:10:37,765 --> 01:10:45,139 but I know that KSC is in the process of creating an LNG 1199 01:10:45,139 --> 01:10:46,291 facility on site. 1200 01:10:46,291 --> 01:10:49,830 This simply supports that to support the LNG needs. 1201 01:10:49,830 --> 01:10:53,883 We know for example, one structural launch -- 1202 01:10:56,275 --> 01:11:00,225 I've heard anywhere from 200 to 400 or 500 semi trucks load 1203 01:11:00,225 --> 01:11:03,619 of LNG just to support one launch and this would keep 1204 01:11:03,619 --> 01:11:07,819 production -- collection and production on site. 1205 01:11:09,279 --> 01:11:13,845 I would make a motion that we -- >> And just a quick thing. 1206 01:11:13,845 --> 01:11:16,344 So this relieves the notion that they 1207 01:11:16,344 --> 01:11:19,479 are going to be doing LNG production somewhere 1208 01:11:19,479 --> 01:11:21,879 along the barge canal? 1209 01:11:22,190 --> 01:11:23,459 >> Absolutely. 1210 01:11:23,459 --> 01:11:24,739 >> Okay. 1211 01:11:24,739 --> 01:11:28,590 >> This would be at the Kennedy Space Center. 1212 01:11:28,590 --> 01:11:30,459 Motion and a second. 1213 01:11:31,208 --> 01:11:34,208 All in favor, say yea. 1214 01:11:35,280 --> 01:11:35,723 Opposed? 1215 01:11:35,723 --> 01:11:36,909 Carries unanimously. 1216 01:11:36,909 --> 01:11:37,889 Thank you. 1217 01:11:37,889 --> 01:11:41,125 We will move to the second public comment. 1218 01:11:41,125 --> 01:11:43,725 >> We have no cards commissaire. 1219 01:11:43,725 --> 01:11:46,259 >> We have no cards then we will go to board reports. 1220 01:11:46,259 --> 01:11:48,299 County manager Kim MacK 1221 01:11:48,299 --> 01:11:49,601 >> I have just one item. 1222 01:11:49,601 --> 01:11:54,707 A resident sent in a comment card for Liam Lamb, 1223 01:11:54,707 --> 01:11:58,341 natural resources and the person was guidance on native plants 1224 01:11:58,341 --> 01:12:02,630 and a resident said Liam is awesome and helpful. 1225 01:12:02,630 --> 01:12:04,879 I know them and the resident is correct. 1226 01:12:04,879 --> 01:12:06,879 Awesome and helpful. 1227 01:12:09,419 --> 01:12:13,779 >> Awesome and helpful on native plants so we know who to call. 1228 01:12:13,779 --> 01:12:15,779 That's wonderful. 1229 01:12:15,819 --> 01:12:16,539 Thank you. 1230 01:12:16,539 --> 01:12:18,232 County Attorney Kim Mac 1231 01:12:18,232 --> 01:12:21,899 >> I have no report come Mr. Chair. 1232 01:12:21,899 --> 01:12:23,899 >> Commissioner district one? 1233 01:12:25,190 --> 01:12:27,339 >> I would like to just piggyback on what you said 1234 01:12:27,339 --> 01:12:29,531 earlier about the county staff and their support. 1235 01:12:29,531 --> 01:12:31,339 This is such a great staff and I just 1236 01:12:31,339 --> 01:12:34,579 want to thank you all for all of your help and your wisdom 1237 01:12:34,579 --> 01:12:37,590 and all the studying you do. 1238 01:12:37,590 --> 01:12:39,859 So I just wanted to jump in with what you said earlier. 1239 01:12:39,859 --> 01:12:41,859 Thanks, guys. 1240 01:12:44,190 --> 01:12:44,799 >> Fantastic. 1241 01:12:44,799 --> 01:12:46,419 District two? 1242 01:12:46,419 --> 01:12:47,819 >> No report. 1243 01:12:47,819 --> 01:12:49,712 >> District three? 1244 01:12:49,712 --> 01:12:52,112 >> I actually have a request more than a report. 1245 01:12:52,112 --> 01:12:54,332 I'm hoping the board will support me 1246 01:12:54,332 --> 01:12:59,571 in asking the eels SMC to reconsider a property that they 1247 01:12:59,571 --> 01:13:00,755 recently denied. 1248 01:13:00,755 --> 01:13:07,355 There is a piece of property that is Down in Mico. 1249 01:13:08,990 --> 01:13:14,990 It sits on waterfront and it is important to me 1250 01:13:15,276 --> 01:13:17,720 that the public have water access. 1251 01:13:17,720 --> 01:13:20,399 My hope for that piece of property 1252 01:13:20,399 --> 01:13:23,315 is that it just stays natural. 1253 01:13:23,315 --> 01:13:24,832 Maybe a kayak launch. 1254 01:13:24,832 --> 01:13:26,676 Kids can get to the river. 1255 01:13:26,676 --> 01:13:29,395 It is along the San Sebastian River. 1256 01:13:29,395 --> 01:13:37,253 I just think that it would have -- there is a lot of public -- 1257 01:13:37,253 --> 01:13:40,699 there's a lot of protected land down there by Saint Johns and I 1258 01:13:40,699 --> 01:13:45,805 think well for us our eels -- it would just be one piece that we 1259 01:13:45,805 --> 01:13:46,325 have there. 1260 01:13:46,325 --> 01:13:48,445 If you look at it in the big scheme of all 1261 01:13:48,445 --> 01:13:50,919 that is down there, protecting the waterfront 1262 01:13:50,919 --> 01:13:52,969 and keeping access to the public I think 1263 01:13:52,969 --> 01:13:54,639 would be really worthwhile so I'm just 1264 01:13:54,639 --> 01:13:56,659 asking them to reconsider it I just 1265 01:13:56,659 --> 01:13:58,979 wanted your support to do that. 1266 01:13:58,979 --> 01:14:06,179 >> How much is the owner wanting for the property, do you know? 1267 01:14:06,899 --> 01:14:09,839 >> So the conversation has been very flexible. 1268 01:14:09,839 --> 01:14:12,832 I know on the property Appraiser's website it says it 1269 01:14:12,832 --> 01:14:16,299 is vacant commercial land and the market value per acre is 1270 01:14:16,299 --> 01:14:22,899 831,670 come up with my big math that would put it at 2.5 1271 01:14:23,641 --> 01:14:24,141 million. 1272 01:14:24,141 --> 01:14:28,459 To be fair, we wouldn't be losing about $9,000 a year 1273 01:14:28,459 --> 01:14:32,773 in tax money, which is a bummer but I think if we look 1274 01:14:32,773 --> 01:14:35,529 to the future and the importance of keeping access, 1275 01:14:35,529 --> 01:14:39,729 that is really important to the situation. 1276 01:14:40,619 --> 01:14:43,299 Obviously Ian is here if we have any questions that are 1277 01:14:43,299 --> 01:14:44,859 technical that I can't answer. 1278 01:14:44,859 --> 01:14:47,987 So for me the importance is public access to water 1279 01:14:47,987 --> 01:14:52,787 and just asking SMC to reconsider this property. 1280 01:14:58,209 --> 01:14:58,485 >> I'm familiar with this property. 1281 01:14:58,485 --> 01:14:59,298 It is unique. 1282 01:14:59,298 --> 01:15:03,371 It's one of the last remaining natural pieces of property 1283 01:15:03,371 --> 01:15:06,779 on the San Sebastian River, which 1284 01:15:06,779 --> 01:15:11,990 is a unique and environmental resource for manatees. 1285 01:15:11,990 --> 01:15:15,251 I think Florida outstanding water is out there right 1286 01:15:15,251 --> 01:15:17,227 off of Sebastian Lane. 1287 01:15:17,227 --> 01:15:20,521 I think it's great to have that as well 1288 01:15:20,521 --> 01:15:22,699 as potential recreational use and I 1289 01:15:22,699 --> 01:15:26,289 know there are some standards that it may not 1290 01:15:26,289 --> 01:15:29,899 meet that may be a little outdated because I think 1291 01:15:29,899 --> 01:15:32,299 shoreline preservation aquatic species 1292 01:15:33,859 --> 01:15:38,155 and mammals like the manatee and enjoyment and access 1293 01:15:38,155 --> 01:15:42,290 are things that should be considered as well as incredibly 1294 01:15:42,290 --> 01:15:43,889 visible property. 1295 01:15:43,889 --> 01:15:49,289 I think it definitely would be worthwhile looking at. 1296 01:15:51,873 --> 01:15:56,763 >> How do we manage this (Indistinct) does eels make 1297 01:15:56,763 --> 01:15:59,719 the final decision on what they purchase and don't purchase 1298 01:15:59,719 --> 01:16:02,579 or does it still come to the board? 1299 01:16:02,579 --> 01:16:05,819 >> This action by the board if you request or vote to have 1300 01:16:05,819 --> 01:16:09,819 the SMC reconsider this would start the process of their going 1301 01:16:09,819 --> 01:16:14,292 and getting appraisals and then if it again is approved 1302 01:16:14,292 --> 01:16:17,816 by the SMC they would go get the appraisals put my final decision 1303 01:16:17,816 --> 01:16:20,399 about whether or not to acquire the property would always come 1304 01:16:20,399 --> 01:16:21,939 back to the board. 1305 01:16:21,939 --> 01:16:22,664 >> Okay. 1306 01:16:22,664 --> 01:16:24,116 I don't mind that. 1307 01:16:24,116 --> 01:16:28,939 I don't know any information on this at all. 1308 01:16:28,939 --> 01:16:31,829 >> (Indistinct) look at it in that way if they decide to go we 1309 01:16:31,829 --> 01:16:33,472 could have numbers. 1310 01:16:33,472 --> 01:16:35,139 >> I'm familiar with this property also. 1311 01:16:35,139 --> 01:16:38,152 Can I just ask a technical question real quick? 1312 01:16:38,152 --> 01:16:43,181 You know we are always looking for access points for the river 1313 01:16:43,181 --> 01:16:44,587 and what have you. 1314 01:16:44,587 --> 01:16:47,686 I mean we definitely need that on the beach for beach 1315 01:16:47,686 --> 01:16:48,269 reimbursement. 1316 01:16:48,269 --> 01:16:54,869 That's a whole nother guide but for future river work, that 1317 01:16:55,139 --> 01:16:59,235 may be something that affects the appraisal if we take 1318 01:16:59,235 --> 01:17:03,590 into consideration that property may be an access point if we 1319 01:17:03,590 --> 01:17:07,259 need it for the river for SORL. 1320 01:17:15,857 --> 01:17:17,857 >> I don't know how that would influence things. 1321 01:17:17,857 --> 01:17:23,257 Our department has partnered with SORL on the river 1322 01:17:23,813 --> 01:17:27,213 as we do have parcels that are along all the rivers and most 1323 01:17:27,213 --> 01:17:31,899 of the waterways as well as the beaches 1324 01:17:31,899 --> 01:17:34,835 so there would always be that opportunity. 1325 01:17:34,835 --> 01:17:38,719 This action if it does end up being acquired does fit under 1326 01:17:38,719 --> 01:17:42,243 the mission of eels to provide passive recreation so I think 1327 01:17:42,243 --> 01:17:45,184 there would be concerns potentially from the state 1328 01:17:45,184 --> 01:17:51,590 to try to put in boat ramps but I think with the idea of passive 1329 01:17:51,590 --> 01:17:57,590 recreation, passive -- boat ramp or something along those lines. 1330 01:18:06,881 --> 01:18:08,112 >> Do we need a motion here? 1331 01:18:08,112 --> 01:18:10,494 >> I think you should make a motion. 1332 01:18:10,494 --> 01:18:12,869 >> I would like to make a motion to direct staff to place 1333 01:18:12,869 --> 01:18:17,669 the reconsideration of acquiring a property located at 1400 1334 01:18:18,759 --> 01:18:21,759 Florida on the next agenda. 1335 01:18:26,346 --> 01:18:27,376 >> I'll second. 1336 01:18:27,376 --> 01:18:29,636 All in favor, say yea. 1337 01:18:29,636 --> 01:18:30,807 Motion carries. 1338 01:18:30,807 --> 01:18:32,419 Thank you. 1339 01:18:32,419 --> 01:18:34,219 District four. 1340 01:18:34,219 --> 01:18:37,527 >> You are stuck with me for another four years. 1341 01:18:37,527 --> 01:18:40,527 It looks like that, anyways. 1342 01:18:41,934 --> 01:18:47,640 I appreciate everybody who has helped me along the way 1343 01:18:47,640 --> 01:18:51,909 and so glad that's behind me and look forward 1344 01:18:51,909 --> 01:18:56,109 to serving with everyone in the future. 1345 01:18:56,995 --> 01:18:58,995 Thank you. 1346 01:19:00,539 --> 01:19:03,679 >> Thank you and I'm looking forward to serving with you 1347 01:19:03,679 --> 01:19:05,445 the next two, maybe four. 1348 01:19:05,445 --> 01:19:06,252 You never know. 1349 01:19:06,252 --> 01:19:09,457 It's been a great honor serving with you. 1350 01:19:09,457 --> 01:19:11,254 You've done a wonderful job. 1351 01:19:11,254 --> 01:19:11,754 Okay. 1352 01:19:11,754 --> 01:19:13,989 I have no reports. 1353 01:19:13,989 --> 01:19:15,989 Meeting adjourned. 1354 01:19:20,880 --> 01:19:22,755 >> The opinions expressed by any member of the public during any 1355 01:19:22,755 --> 01:19:25,399 period of public comment do not necessarily reflect the views 1356 01:19:25,399 --> 01:19:27,899 or opinions of the Board of County Commissioners of Brevard 1357 01:19:27,899 --> 01:19:30,819 County Florida, Space Coast Government television 1358 01:19:30,819 --> 01:19:33,959 or the program sponsor and are solely those of the presenter. 1359 01:19:33,959 --> 01:19:35,499 The Board of County Commissioners 1360 01:19:35,499 --> 01:19:39,699 of Brevard County, space coast government Television 1361 01:19:39,839 --> 01:19:42,590 and the Program sponsor hereby expressly 1362 01:19:42,590 --> 01:19:44,739 disclaim any and all responsibility or liability 1363 01:19:44,739 --> 01:19:47,539 for any defamatory and slander statements expressed 1364 01:19:47,539 --> 01:19:51,139 by any member of the public.