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Video-1: youtube.com/watch?v=rwWmVr6VDBs

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Hey, hey, hey. Hey, Hey, hey, hey. Hey, hey, hey. Hey, hey, hey. Hey,

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hey, hey. Hey, hey, hey. Hey, If you wish to speak to any item on the agenda or during the public comment, portion of the meeting. Please fill out a speaker card. Each person addressing

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the board shall have three minutes to complete his or her comments on each agenda item for which he or she has filled out a card. The chair has the discretion to determine or alter the time limits on any agenda item. The Board of County Commissioners requests that speakers appearing under the public

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comment section of the agenda limit their comments or presentations to matters relating to county business that are within the board's control, authority, and jurisdiction. >> Okay. I'd like to recognize uh David Young from St. Paul's Lutheran Church to

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lead us in the invocation. >> Good morning. Let us pray. Almighty God, we gather today grateful for this community we call home and for the opportunity to serve its people.

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Grant to this commission wisdom in deliberation, clarity in purpose, and courage to do what is just and right. May their decisions be guided by fairness, stewardship, and concern for

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the well-being of all who live in Bvard County. Give us unity where we can find it, respect where we differ, and a shared commitment to the common good. May we

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leave this place having served our neighbors faithfully. Amen. >> Amen. Thank you so much. Uh please stand for the pledge >> allegiance to the flag of the United States of America and to the republic

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for which it stands. One nation under God, indivisible with liberty and justice for all. >> Okay. Well, it is uh wanted to uh call the meeting to order and first and foremost, it's a great honor to serve

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with our new county commission appointed from District 1, Rita Pritchette. >> Thank you, sir. >> Thank you so much. >> Thank you. Good to have you. >> Yes. >> I don't know if I've ever been so happy to see a new commissioner come on board. We really we really needed to have you

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here and district one needed representation and I'm very pleased with the governor's selection. So, >> okay, we'd like to go to the agenda. Uh first on the agenda, we have no minutes. Uh resolution awards and

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presentations from district one. Uh resolution about mangroves. >> If I could get Dr. Wilson to come on up. Thank you. I'll read the resolution and then you can say a few words. Okay. A resolution

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on behalf of the Bvard County Board of County Commissioners recognizing Thank you. July 26, 2026 as mangrove day. Whereas mangroves are a keystone species and an iconic feature of Florida's coastal ecosystem. And whereas mangro provide critical habitat for native

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Florida wildlife, including at least 220 species of fish, 181 species of birds, 24 species of reptiles and amphibians, and 18 mammal species. Whereas throughout Florida, 75% of sport and commercial fish species rely on

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mangroves. Both recreational and commercial fishing industries represent a massive economic benefit to the state's economy and the Indian River Lagoon. Recreational sport fishing was valued at more than 9.2 billion and commercial fishing recorded an estimate

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197 million in landings in 2020. And whereas mangrove provide more than 500 billion in coastal protection services by acting as natural barriers during extreme weather events safeguarding private and public lands. And whereas root systems of mangroves can trap

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sediments, pollutants, absorb excess nutrients and filter heavy metals and waste water before they make their way into the Indian River Lagoon. And whereas Florida's mangrove population has declined to a fraction of its historic level because of deforestation, development pressures,

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and severe weather impacts. And whereas many residents of Florida and the Indian River Lagoon region may not understand the ecosystem and the economic value that mangroves provide to their community. And whereas communicating the importance of mangroves and their valuable contribution to Florida's way

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of life can encourage public awareness of an iconic species. And whereas Flidians have the opportunity to contribute to the restoration of mangrove e mangrove ecosystems by donating propagules to mangrove nurseries and undertaking safe and legal

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mangrove trimming practices and even installing mangroves along their shorelines, thus further compounding the ecosystem services and economic benefits of the state of Florida. Now therefore, be it resolved that the board of county commissioners of Bvard County, Florida, recognizes July 26th,

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2026 as Mangrove Day in Bvard County and encourages all citizens to do their part in understanding, protecting, and restoring these important species and habitats done, ordered, and adopted in regular session this 21st day of July, 2026. >> Thank you.

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>> Thank you. >> Good morning. I'm Laura Wilson. I'm the executive director of Marine Resources Council. We're a nonprofit organization dedicated to protecting and restoring the Indian River Lagoon. Our work in the lagoon primary focus primarily focuses on water quality monitoring and reporting, storm water education and

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advocacy, and restoring mangrove ecosystems. And I'm very excited to be here today to accept the proclamation for mangrove day. I'd like to take this opportunity to thank you, the Bvard County Commission, and the people of Bvard for committing um for your commitment to this mangrove proclamation

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and everything it represents. Mangrove ecosystems are essential to the health and resilience of our coastlines and waterways. In Florida, mangroves provide an estimated 4 point or sorry, six uh 7.6 billion dollars per year in ecosystem services by mitigating storm

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damage, supporting recreational and commercial fishing, boosting real estate values, and providing clean water. Following Hurricane Ian in 2022 alone, mangroves were credited with saving $4.1 billion dollars in damages and cutting storm

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surges by 30%. They sequester three to five times more carbon from the atmosphere than the Amazon rainforest while also capturing excess nitrogen, phosphorus, and heavy metals. As we just heard, a healthy fishing economy relies heavily on mangroves with these ecosystems

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supporting fish density more than 35 times higher than seaggrass meadows. However, mangroves have been greatly diminished across the state of Florida and is estimated that up to 84% of the population has been removed since the 1950s. So promoting responsible

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stewardship for mangroves is a good investment for the future of Florida's cities and counties that rely on these critical ecosystems and shoreline resilience. So thank you again for your proclamation. For anyone interested in protecting Florida mangrove ecosystems, we encourage you to stay informed and

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get involved. The Florida Department of Environmental Protection website has a wealth of wonderful information on the care and trimming regulations for mangroves. If your property borders the lagoon, you don't need um a permit to plant on your property. And if you're a realer, talk to your

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clients uh buying property along our coastlines. And of course, Marine Resources Council has mature trees available at our Palm Bay and Sebastian Mangrove nurseries with an experienced restoration team to help. If you have any questions or would like to get involved, please reach out or visit us at the Ted Morehead Lagoon House in Palm

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Bay. We have a very active volunteer program and that includes working with our mangroves and we love visitors. Thank you again for your time and commitment to this cause. >> Jim, do we have a um framed? We do. >> I think we need a motion. We need two things. >> Yeah, >> we need two things. One is I need a

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motion to recognize u that Commissioner Goodson's on the phone. >> I I'll do it real quick. Okay. So, I'd like to make a motion to allow Commissioner Goodson to participate by phone. >> I'll second. >> Second. All in favor say yay. >> Yay. >> Carries unanimous. Now our motion on the resolution. >> I would like to make a motion to

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proclaim July 2026 as the mangrove. I already put it all away. >> And I and I'll second. >> Thank you, Rob. >> And and Dr. Wilson, we appreciate your partnership on the river. Uh uh MRC has been a great partner to us. So, thank

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you. Thank you very much. >> We have to vote on the motion. >> We have to vote on the motion. >> Oh, did we vote on the motion? >> Sort of. Good enough. >> All those in favor of Did we vote on the motion? No. Okay. Let's vote on the motion for the decoration mang mangrove

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day. All in favor say yay. >> Yay. >> Yay. >> Okay. >> Carries unanimously. >> All right. >> Thank you. Okay. I I think we should all go down on the Smid one, don't you? >> Yeah. >> Okay. Our next resolution is a

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resolution um uh acknowledging Chief Mark Low Day in Bvoulevard County. >> Thank you, Mr. Chair. You're welcome to come up if you like while I read the resolution and then you'll be recognized to uh to speak.

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Well, I think we'll probably vote on it first. I have a resolution recognizing July 21st as Chief Mark F. Lo Day in Bvard County. Whereas July 21st will be observed as Chief Mark F. Lo Day in Bvard County as

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recognition for his years of service to the law enforcement community of Bvard County and Eastern Florida State College as an adjunct instructor. And whereas Chief Mark Lo served Bvard County and the cities of Melbourne and Satellite Beach as a police officer.

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After retiring from Satellite Beach at the rank of commander with over 20 years of service, he served the city of Republic, Missouri as the chief of police for an additional 10 years before returning to Bvard County and training

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at Eastern Florida State College as an adjunct instructor and firearms expert trainer. Whereas Chief Mark F. Low's experience, leadership, guidance, and training techniques have affected the lives and the direction of police

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officers, sheriff deputies, and federal agents across the state of Florida and our country, imprinting his dedication and sense of duty by training the future of law enforcement. Now therefore, be it resolved that the Bvard County Board of

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County Commissioners does hereby recognize July 21st, 2026 as Chief Mark F. Low Day in Bvard County, Florida, and urges all citizens to recognize the honor and service rendered to law enforcement officers and the citizens of

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Bvard County, Florida. Done, ordered, and adopted in regular session this 21st day of July, 2026. And with that, I'll make a motion to approve. Mr. Sure. >> Second >> motion and second for approval on the resolution. All in favor say yay. >> I yay.

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>> Yay. Carries unanimous. Unanimously. Thank you. >> You're you're welcome to >> Good morning. My name is Matt Janowski. I work for Eastern Florida uh State College. I'm also a retired law enforcement officer. It's my pleasure to have Jenny Lowe with me today, his

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Mark's spouse. And the fact that the county commissioners have recognized him means a lot to the law enforcement community. Mark Low, uh, as relevantly referred to as chief of police for everybody that knew him, was one of the best trainers I've ever known. He went

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out of his way to help everyone. And over the last 10 years, there has not been an academy class up until this last one that he did not have some kind of influence in training those people. Um, so every officer, deputy that you see right now serving in Bvard County has

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had contact with Mark Low in one way or another. His legacy will live on through this generation. Thank you again for recognizing him in his service. >> All right, sir. We have a frame bureau solution for you, too. Okay. Thank you. Okay, I'd like to read the next

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resolution honoring former county commissioner Suzanne Elizabeth Sue Schmidt Cerwin. Whereas Suzanne Elizabeth Sushmidt Curran dedicated her life to serving the citizens of Bvoulevard County with integrity, vision, and unwavering

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commitment, leaving an indelible mark on the community she loved. And whereas after moving to Bvoulevard County in 1956, she graduated from Melbourne High School in Orange Memorial Hospital School of Nursing before beginning her professional career at Kennedy Space

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Center during the Mercury program. And whereas Sue Schmidt made history as the first woman elected to the Rocklidge City Council and later became only the second woman elected to the Bvard County Board of County Commissioners, representing District 4 for all three

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consecutive terms from 1982 through 1994, including serving as chairman of the board in 1985, 1988, and 1991. And whereas throughout her distinguished public service, Commissioner Schmidt championed responsible growth

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management, infrastructure improvements, environmental stewardship, water quality protection, and throughout the planning uh and thoughtful planning that helped shape the future of Bvard County. And whereas affectionately known as Zuzu, she was a driving force behind the

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creation of the Bvard County Zoo and played a significant role in the development of Vieier Space Coast Stadium, environmental land conservation initiatives, and numerous community projects that continue to benefit residents and visitors alike. And whereas throughout her years of public

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service and beyond, Commissioner Schmidt Kerwin developed lasting and meaningful relationships with Bvard County employees, treating each with kindness, respect, and appreciation. Whereas following her elected service, Commissioner Schmidt continued to serve Bvard County through appointments to the

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charter review committee and the redistricting committee, demonstrating her lifelong dedication to effective local government. And whereas Sue Schmidt believed that service to others was one of life's greatest responsibilities, a value she instilled

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in her family and exemplified throughout her remarkable career and public service. And whereas Elizabeth uh whereas Suzanne Elizabeth Sushmid Corin passed away on June 4th, 2026 at the age

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of 86, leaving behind a legacy of leadership, compassion, vision, and public service that will continue to inspire generations of Bvoulevard County residents. Now, therefore, be it resolved that the board of commissioners of Bvoulevard County, Florida, does

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hereby honor and celebrate the life and extraordinary legacy and expresses the sincere gratitude for her decades of dedicated public service and her lasting contributions to the citizens of Bvoulevard County. Donor order adopted

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this regular day, the 21st day of July, 2026. A motion would be in order. >> I'll make the motion, sir. >> A second. >> Motion a second. All in favor say yay. >> Yay. >> Yay. >> Carries unanimously. Do we have Yes. We'd like to invite representatives

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of the family here. Hi commission. I'm Susan Schmidt. I am the daughter of Suzanne Sue Schmidt Kerwin. Thank you for letting her serve this commission, the county. She would like to say if she was here,

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thank you to all the county staff, the residents of the county, and on behalf of the family, we thank y'all very much for letting her serve this community. >> I just want to say what a great honor it was to serve with Sue. That's one of the

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highlights of my career and it was what a wonderful human being and a wonderful public service. A lot of those initiatives that I talked about that she was involved with passed with a 3-2 vote and so she was very critical in making a lot of the things that we enjoy so much

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here in Bvoulevard County a reality. >> Yes. Thank you. >> I'd say quick I had a I had a wonderful relationship with your mother. uh she would come to see me often and and and she would call uh a lot and you know she

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watched all of the uh commission meetings. I used to tell her I say SS there's got to be better things uh you know to do than to watch commission meetings and uh you know and I could tease her a little bit and and she would te tease me back and uh I I would say to

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her sometimes I said we had a little trouble the other night. She says, "I know. I saw." And uh so she was she was highly informed uh on on on the issues and and the goings on in the in the county and offered me quite a quite a

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lot of advice. Um the the last few years I've been a commissioner. So I I admired and appreciated your mother very much. >> Thank you, Kim. >> I didn't get to know her very well. Um but one thing that she said to me was be strong.

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So yeah, I appreciate it. >> Thank you. >> I think we all want to be a part of this picture. >> So we'll walk down. We'll take a picture with >> Thank you. >> That's okay. Back up behind you. Thank you.

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Thank you. Thank you for being here today. Okay, we will move to the agenda. We'll start with our consent agenda. Um the entire consent agenda will be passed in one motion under the section F unless

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any commissioner has any items they would like to remove and we'll discuss separately. Is there any items that the commission would like? >> Jim u Mr. Chair, thank you. Um we uh staff would like to remove item F1 completely from the agenda. It's it's uh we have a few more work to do on it. It

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was you know wasn't within the 24 hours to remove it from the agenda. So we'd ask you to remove it now. >> Okay. Okay. Let the record reflect that we will not be voting on item F1. That is removed. >> Mr. Chair, we have two comments from the public. >> Okay. We have two comments from the

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public. Um, Mr. Richard Heffelinger. Um, item F2. >> Good morning. Rick Heffinger, District 1, 2000 Juniper Drive. Um, I pulled F2 and F5, so I guess I'm going to cover

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both of them at the same time. >> Yes, we'll recognize you for F F5 next. >> All right. Well, F F2 I pulled only for to try to because the chair has been so generous with getting information. Uh, impact fees is coming up later, I think, under an item. Um, I see here that this

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is a library impact fee. Um, and it says that they're going to disperse the money that they've held in an account. And I was wondering is that standard operation that there's a fund that holds back collected impact fees? And then my other kind of follow-up question is in general

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kind of for financing and how you guys do it is that uh those balances are they part of carry forward for an organization when they when they go to factf finding and and also where can you find out where they reported on a financial report? because

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I'm going to have some questions about how impact fees get collected and stored. I guess stored is a good word and I was just wondering if anybody could provide that or we could talk about that under the next item. I I just I I saw an impact fee item and I said, "Hey, that's kind of germanine to our

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our assessment." So, >> so what we can do is have staff prepared answers to those two questions and we hear the impact fee >> issue later on the agenda, we can answer them then. >> Yes, I appreciate that. I I I don't like to bushwack you guys, but I think it's as a public forum, it's a nice way to kind of get your way in if there's any

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any comments that you have, too. >> All right, we're good. We will do that. And um >> next one. >> F5 approval, advertisement of bids, 12-in reuse main relocation along. >> Okay. Yeah. F F F F F F F F F F F F F F F F F F F F F5 is again I don't I feel

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like I'm picking on the utility services department lately, but water is a pretty big issue lately with all of our having to meet those new water requirements. And this one again is a a $300,000 request. And it seems like this was another kind of mistake. I hate to say

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mistake oversight, but there's 575 linear feet of pipe that looks like it got put in the wrong place. And I'm and I'm not quite sure how that happens or I guess I what I'd like to ask is do we have a form of corrective action so that this kind of stuff I mean I realize

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boooos happen, right? But, uh, it's kind of a weird thing because it got put on somebody's utility easement and it sounds like it's the Port St. John Water District and I think we already put the pipe in the ground and we buried it. There was a picture associated with this item that doesn't really identify where

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it was, but it's now like, okay, so we put it on somebody's and they're not going to let us just leave it there and write a little exemption or say, hey, boo boo, let's not put it on the charts and show where it is so we don't dig on it. I just I just wonder why there somebody's going to ask us to pay

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$300,000 to move a pipe and it's a it's a reuse water pipe. So I I just question, you know, and it says that it was diverted um because there was an undetected cons conservation easement, which is why it's if it was undetected, that means they

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put it in the ground and didn't think there was a problem. And then it says there was also an unknown utility conflict identified during construction. And I would think there would be some kind of a paperwork system where you said, "Hey, listen. Got a project, ran into a problem. Let's figure out what the solution is and go forward." I don't

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know what the undetected was. I guess >> that staff, we talked about this in the briefing and there's pretty logical answer. Although, >> okay, good. >> I wouldn't beat up on us. I'd beat up on the water management district. Well, >> after you hear some of the >> Yeah. Well, they've kind of forced your hand to say you got to spend money to

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move a pipe. I just didn't know what that relationship was. Well, and when you look at where the pipe's located, you're like, really? I mean, the picture shows it to me. It looks like it's in a rider, but let's have staff. >> You want to do that now or? >> Yeah, let's do it now. We just dispose cuz it's worth discussion.

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>> Uh, so, Commissioner, there's a lot of accuracy of what was said. It was a reuse main. Um, the benefit of it was looping the system for the benefit of that area. um when we were going through the project and again as the photo shows

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um from edge of road to sidewalk it was a mode area. It's probably better mode than my front lawn. Um so when we when uh our construction staff and the contractor were going through the project, there needed to be a slight deviation because of an obstruction of a

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utility. The field decision was made at the time to deviate. Um upon um doing asbuilt and closeout, it became to our attention that there was a conservation easement. This is a conservation easement that was established back in

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the 80s in the literally the first phase of the Vieiraa development. Um, and we tried for two years to work on trying to get an abandonment of that easement because it is a mode and it doesn't meet the current criteria of what St. John's

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would view as a conservation easement. Um, but it was their prerogative that they chose not to. So, in order to rectify this from an agency perspective, we have to we have identified an alternate route and that's what this

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agenda item is about. And Commissioner Pritchard has the image right here on her computer. I'm looking at it. It It's a road right away. It's it's street side of the sidewalk. It's

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manicured ground. You would think that uh if they're making us move for conservation easement is not being used for that. So, you know, I tell you, if it's okay uh as staff moves ahead, we can approve this today. But I will personally commit

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to make a call to the water management district for a lastm minute plea as chairman of the commission to say like >> don't make us spend $300,000 worth of taxpayers money. >> It's worth an effort but we'll do and if it doesn't work then we'll have to we'll

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have to move it. But >> yeah and there's um commissioner we're totally fine from a department side um if we can get board approval. However, if you all can persuade the water management district in that for whatever reason, we have the votes to proceed.

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>> Sounds good. >> Would they be willing to reimburse if you had or or share that cost? >> We can ask. >> Okay. But that that's all I was asking that. >> Okay. >> And and I do pay a assessment to St. John. So maybe I should go down there and find out what they're doing. >> You should.

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>> Hey, thank you very much for the answers. Thank you. >> Okay. Thank you. Okay. I think those are all the cards. I think a motion would be in order for the consent agenda. >> I'll make a motion to approve. >> Second. >> It's a motion and second of the consent agenda with the exception of F1 which

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has been removed. All in favor say yay. >> Yay. >> Carries unanimously. Okay. Okay. We have uh next item F2 library impact fee advisory committee. No, we just >> agenda.

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>> Oh, that was part of the consent. Yes. Okay. Thank you for keeping me straight here. >> Um >> G public comment. >> We do not have any cards. >> No cards on the first public comment. We have two sections of public comment now and then at the end the meeting. So,

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first item is H1 uh public hearings. Yeah. When we have cards, we'll have the staff explain this this item. Good morning, Commissioner. Uh, H1 is an appeal of the Bvard County Zonings Officials April 22nd, 2026

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interpretation regarding the applicability of Brevar County policy BCC 100, the Live Local Act, and the Bvard County Zoning Code to the property owned by Merit Bitco tax account 2412106,

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District 2. Okay, our first card is the representative of the applicant, Kim Rosena. Yeah. Uh, good morning. Good morning, >> chairman, members of the county commission. Special welcome to Commissioner Pritchette. Welcome back.

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Uh my name is Kim Rosena. I'm here on behalf of Merritt Bidco SPV LLC. Uh if I were in court, I would be saying may it please the court because that is what we're here. This is an appeal. You are looking at what's in front of you. This isn't really, in my opinion, a

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public hearing. It's a public meeting. I've um asserted that argument with with the uh city the county attorney and and we're still working through it. This is somewhat of a new process. It hasn't been done very often in Bvard County. This appeal is seeking a policy decision

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from this board. This requires you, not your staff, to interpret your land development regulations and apply the county code to the Live Local Act section 125.0557. Commissioner Alman, I know you were in the legislature when this was adopted. I

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know you know the legislative intent very well. However, the bill's sponsor called Live Local Act a transformational marketdriven consolidation of policies that provides attainable housing options for Flidians. Florida is tackling the

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complex issue from all angles by incentivizing private sector investment with historic state funding and common sense reduction in regulations. Merit Bidco submitted the live local proposal to the planning department on April 7th, 2022. The zoning manager

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ophinded that the 11.24 acre property did not meet the requirements. In this appeal of the staff interpretation, you are evaluating the planning manager's executive decision. You are making an executive decision, a policy decision here today. This is not

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a reasonzoning for a specific piece of property. We've already gone through that. This is analysis of how the county will apply the live local act. Again, it's a countywide policy issue. You are not to consider infrastructure, roads, flooding, or even the comprehensive plan

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administrative policies. This is not an appeal of the denial of the resoning. Florida Constitutional Article 5, Section 21 indicates that staff is not entitled to deference. It is no surprise that the staff report

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for this item supports the planning manager's opinion. But should staff be grading its own paper? This is there. Why is there no legal analysis or any review of the definitions from your code from or from the Florida statutes or from the live

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local act? You must look at the actual uses, the allowable uses in the AU zoning and not merely the zoning classification. The focus of the live local is the usees allowed, not the zoning classification.

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Every parcel of land in Bvard County has zoning classification designation and that designation defines what uses are allowed. Florida statute 479.011 defines allowable uses as the intended uses identified in the land development

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regulations authorized within a zoning category without requirement to obtain a variance or waiver. The term includes conditional uses. The plain language of live local act does not address in any way the name of a zoning classification. The act

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inquires an inquiry into the specific allowable uses as shown in your code page three of the packet. Uh, Commissioner Goodson, can you see this? >> Yes, ma'am. >> Thank you.

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The use of all land shall continue to be controlled and restricted by the provisions of the zoning classification designated for such land on the zoning maps. So again, this refers to uses, not zoning classifications.

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The planning manager's opinion focused solely on the property's conditional use permit and discounted the uses allowed in the AU zoning category. But the CUP is dispositive of this appeal. The merit bigo property qualifies under the live

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local act for administrative approval of the multifamily residential because the property is currently zoned for a commercial use. that commercial use as a hospital and a medical clinic. The CUP already exists. It was not

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approved by waiver or variance. The CUP was approved by zoning action in 1983 and the action approved additional uses subject to specific restrictions and conditions, a subcategory of permitted uses as defined in section 621102.

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The cup was not included in the appeal. It was included by reference. It's a 100page document, but there is page one. It's in your packet. Page four, five, and six, and seven also included in your packet. Shows the

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conditional use what it was intended to do. Further, the zoning official admitted at PNZ that a hospital could be built on the property without further zoning approval. Moreover, the county attorney's office

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in an email dated December 3rd, 2025 acknowledged that a 1983 cup such as this one was only subject to revocation. This cup has never been revoked. In fact, the board of county commissioners in 2003 refused to remove the

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conditional use on this property for a clinic and hospital use. That's at page 10 through 14. Again, this is referenced in the appeal and incorporated by reference uh from the county records.

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The wishful phrases in the staff report of abandoned and nonconforming do not change the fact that a hospital or medical clinic can be built on this property today. The abandoned and non-conforming terms

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are unsupported conclusions that contradict the clear intent of the live local act to allow affordable housing in areas zoned for commercial use. The other ground cited in the appeal is that this is is an area zone for commercial and mixed use in the AU zoning. If

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you're unconvinced that this is a the CUP allows the hospital um or commercial uses, no matter what the intent of the AU zoning classification, even the staff report admits, several individual uses within

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the AU zoning classification may be characterized as commercial in nature, including fish camps, landscaping, businesses, resort dwellings, veteraryian health hospitals, and farmers markets. The staff report attempts to paint the AU zoning classification as having a particular

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character. But the live local act does not reference character of a zoning classification. The live local act does not care about character or the intent of a zoning classification. Its only criteria is that the property is an area

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zoned for commercial, industrial, or mixed use. The state legislature does not care what your zoning regulations say. Live Local Act was adopted because of local government's reluctance to approve new multifamily developments when local

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representatives are confronted with substantial neighborhood opposition. staff's continued assertions regarding AU zoning classifications intent and how staff has always interpreted LA is not including the live local act is not

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including commercial uses associated with a uses as commercial uses is irrelevant. Their assertions are irrelevant because the uh state legislature did define commercial uses and mixed uses in 2025.

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The staff report completely fails to look at those definitions. In fact, the statement zoning classifications are defined by their overall purpose and character rather than by existence of individual uses within the classification doesn't make sense when you look at the

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definitions in the live local act. The the staff report indicates um that House Bill 1839, the 2026 live local amendment that excludes farm and farm operations

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from the definition of commercial use, commercial use, supports its its statements. But this proposal and appeal were filed before that amendment and may not even apply in this situation. But if it does apply, it does not exclude dude ranches,

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plant nurseries, private golf courses, fish camps, landscaping businesses, or numerous other conditional uses, which by Florida statute conditional uses are allowable uses. Staff attempts to disregard these comm commercial uses by stating these uses

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are associated with commercial uses or do not represent the principal purpose of the AU zoning classification. Again, you have to look at what it is zoned for. The uses allowed in the zoning classification, not the character or intent of an ordinance.

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There's no factual support for these statements. Again, Live Local does not care about the principal purpose of zoning classification. We recognize that the Live Local Act is still evolving and not fully litigated, but do you want to

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Again, page 15 shows the definition of commercial uses which is in your appeal packet which is in the uh live local statute. Page 15,

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commercial uses means activities associated with sale, rental or distribution of products or services. Terms includes but not limited to retail sales, wholesale sales, rentals of equipment, goods or products, offices, restaurants, public lodging, food vendors, sports arenas, theaters and

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for-profit business activities. The highlighted items are which been discussed plan uh in your AU zoning classification 621334. Again, numerous I believe I state eight

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in the appeal. Page 19 of the packet is plant nurseries. Plant nursery means a fullervice retail sales and talks

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about uses. So a plant nursery is definitely a commercial use allowed in AU zoning. Again, live local is still evolving, but the phrase zoned for is crystal clear. The county is stuck with the current AU

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zoning classification and its commercial uses as written. The solution is to amend the AU zoning code to take out commercial uses, not to contort the plain language of the AU zoning classification and the live local act definitions.

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The Florida legislature passed the Live Local Act to address the state's housing crisis to deliver much neededed affordable housing to communities in a timely manner. It was also enacted to cut through self-interests and bureaucratic

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obstacles. On behalf of Merit Bidco SPV LLC, we respectfully request that you reject and reverse the April 22nd, 2026 zoning officials interpretation on one or both of the grounds cited in the appeal. Thank you for your time and I'll

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reserve my two minutes and a half. >> Okay. The applicant, we've given 15 minutes. I'd like um to set aside 15 minutes for staff comments if they need that and then we'll have a speakers, three minutes per speaker.

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Bill, >> thank thank you Mr. Chair. Uh first I just uh do agree with uh Mr. Zeno on one procedural point and that is that you know this application should be limited to the legal issues you know h our interpretation Arizona code and applying it to state statute. Uh that's really

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all that's relevant to this to this hearing. So I would break uh what I heard Mr. Rzanka say into two distinct arguments. One is that the AU zoning class itself is what qualifies this property under the live local act. And then the second argument I heard was is

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the cup that applies to this particular property is what qualifies uh the property for the live local act. So I'll take them one at a time if you don't mind. Um, first on the first argument, I would I would point to what the live local act actually says. And so I'll

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I'll read it v ver verbatim from 125.01055. And the first line on 7A1 is a county must authorize multifamily and mixeduse residential as allowable uses in any area zoned for commercial, industrial,

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or mixed use and in portions of any flexible zone area such as planned unit development permitted for commercial, industrial, or mixed use on property owned by a county, municipality or school district and on property that has more than 3 acres in size and owned by a religious institution. And then it goes

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on from there. So as Mr. for Zena pointed out the key is whether AU property makes this zoned for commercial use. So, and I copied attached to the agenda is uh parts of the Bvard County zoning code and in that you'll see AU is

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not within a commercial or industrial classification. In fact, it's in a single family residential zoning classification. Specifically, it's it's one of the least dense zoning classifications we have in the residential. It has a minimum lot size of 2 and a2 acres. So when you think

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about what the legislature was probably trying to do with the live local act, whether we agree with it or disagree with it, the fact I think it's pretty clear what they were trying to do. They were saying if if something is zoned for commercial, those kind of intense commercial uses, it may it must make

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sense for multifamily or affordable housing to go in there. So when you take that intent and apply it to our zoning code and look at what we have for AU zoning, is that really zoned for commercial use and the staff's uh staff contends that it is not that is

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clearly meant to be a single family residential uh character with some agricultural type uses. And then as and you know Mr. for Zena pointed out that there was some language amended but it didn't come into effect recently until

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July that made clear that farm and farm related use were not commercial but that was O staff's interpretation. I think that was the predominant interpretation by most people that looked at the live local act. what the legislature did was just clarify it and left no doubt about that that you know when you look at uh

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the agricultural land across the state I don't think that that was the intent of the legislature to convert that to a commercial classification and they just made clear that that was the case so then I'll move on to the argument about the cup uh conditional use permit um

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it's not zoned for that use it's not it's not a use by right the board has to specifically look at the specific character eristics of that property and determine that it is appropriate to do on that property. So I would not say that that is zoned for that use but in this case it doesn't really matter

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because >> of intent of course I was there so I have a unique perspective and I can tell you in no way shape or form was there intent to allow multif family or affordable housing in our a classifications.

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Um I can only imagine what would happen if agriculture is so important to this state not only for food production but uh preservation of for recharge and water quality and green space um is

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critical what would happen is hier if if indeed there was a ruling that AU would qualify for multifamily zoning there's another negative impact that I worry about if you have a piece of property that's has

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general use or maybe even single family use and you want to go into agriculture production and get an agricultural zoning. If it was known then that you could do multif family, it it could have an incredible negative impact on our ability to zone areas to become

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agriculturally productive. So, I worry about it having a very very um draconian effect on our ability to allow land owners to to get a zoning because of the impact of that intensive use.

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>> And I agree, Mr. Chair, I think when you look at our zoning classifications today, our applications for reszoning, part of our sta staff comments include when when there's a reasonzoning to commercial or industrial, the live local component of what you're approving could

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lead to that. If we had to include that on every AU zone property that we see all the time in our zoning agendas, that would add an entirely different element when you're when you're talking about a single family residential classification with the minimum lot size of 2 and a half acres to now you're thinking about

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30 units per acre is what the live local would act would would apply in Bard County. It's a drastic difference and it's something the board would have to consider. >> Okay. All right. Um, seeing no other questions,

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like to go to our cards. Leon Kindred, our first card. Good morning, commissioners. Uh, my name is Leon Kendrick. As you heard, I am a resident of Merit Island, specifically Sykes Cove, which is immediately

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adjacent to the area we're discussing. Um, I was here at that last long board meeting in my red shirt. Here we are again. Uh, heard the comments today. Uh, I'm here to ask that you, as the board, protect

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the integrity of our local land use laws and reject this appeal. The developer's entire argument it rests on a claim that a conditional use permit from 1983 somehow transforms this agricultural land into a commercial zone

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under the Live Local Act. But as has been stated, I believe a permit is not a zoning classification. The underlying zoning on this property is strictly agricultural. Has been for decades. The Live Local Act's very clear. It only

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applies to land explicitly zoned for commercial, industrial, and mixed use. Furthermore, state law requires that commercial use be allowed by right without needing special waiverss. Under our county code, conditional uses are

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never allowed by right. They require strict administrative oversight and can be denied based on community impact. Please don't let a developer twist an old unexceded medical permit into a

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blank check to bypass our zoning maps. Please uphold the zoning manager's correct interpretation and deny this appeal. Thank you. >> Thank you. Our next speaker, Robert Weise.

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Sorry. Good morning. I want to make a few comments which are irrelevant, but I'd like you to think about them anyway. Um, I'm representing not only myself, but the East Mariana Community Association, EMA.

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Um, we discussed this project last March and were unsouncly against it. I realize this is West Merit Island instead of East Merit Island, but all of our members have to drive on Courtney from time to time and they were all

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against it. Um, I'd like to remind you that when this project was first reviewed by the Merit Island Redevelopment Association, they were strongly against it,

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disapproved it. The planning and zoning board considered it twice. Uh, had a split decision, but there was a solid half of us against it. I voted against it both times. And of course, the commission itself

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rejected the proposal back in April. Um, I can't speak to the legal issues, but I hope that you will find an interpretation that prevents this project from going forward. Thank you. Thank you, Brandon

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Shunan. And then our next speaker, Diana Schmer. Hi. Uh, yeah, my name is Brandon Shannon. Sorry for the poor handwriting. Um, I'm at 5425 Loveit Drive on Merit

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Island. Uh, I was here at the last meeting. I spoke in front of you uh last time as well and I'm here again to to reiterate my um my my urge for you to deny this proposal for this project and and here today to deny the appeal for this project. The

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developer's argument rests entirely on a dangerous legal fiction. They claim that because an existing business operates on this property under the cup, the entire 11acre track is suddenly uh should suddenly be treated as commercial use, triggering the the live local act bypass. Zoning law is explicit. However,

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a conditional use permit changes how land can be used. It doesn't change how the land is inherently zoned. The underlying zoning of this property remains AU no matter how many times a developer tries to rephrase it. A cup does not magically erase AU zoning or strip this commission of its local

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authority. Because a property is fundamentally residential agricultural, it is exempt from the live local acts commercial bypass provisions. This commission already listened to the community and voted unanimously on May 7th to protect our neighborhood from highly density high density overdevelopment. Developers

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now trying to use a loophole that does not exist to circumn your vote, bypass public scrutiny and override our infrastructure constraints. A cup is a restriction, not a backdoor invitation for a massive highdensity complex project. As presented today, I ask you to stand by your previous

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unanimous decision, uphold the integrity of the Bvard County zoning laws, and deny this appeal. Thank you, >> Diana. Then our next speaker will be Pamela Steel. Um, my name is Diana Schmer. I live at

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675 Andrich Street on Merit Island. I use Pioneer Road frequently. Um, I too hope that you will uphold the commission's last vote of no for this um development. It's We don't have the

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infrastructure. We don't have the roads. There's already been an approval for 500 units up by the Kennedy Space Center. There's already 300 units going in on Fortonberry. Um there's a limit. It's an island to

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what we can take. Um I would think that the infrastructure should preede any more of these developments. The fact is it that in the live local act, sorry about that. Um,

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the developer doesn't have to pay impact fees. They don't have to pay for sewer connections and water connections. Um, so who is that all going to fall on? Because they don't have to pay for it. It's going to be saddled on to the

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taxpayers. You've already saddled us with 800 units. We We don't need any more units and we all can see that our taxes are going to go up for sewage. um improvements to handle all of this and

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it's it's going to have to go up for roads because the traffic is at its limit now. Um I I I just um and and and also I want to say that in the live local act it said that you don't have to

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reszone AU land. You don't have you're not compelled to do it like you are for some other zonings. So, please honor that. Please honor that and and don't don't backtrack on it. Um, I beg you. I really beg you. Um, thank

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you for your time. >> Thank you. Um, Pamela Steel and our next next speaker will be Sarah Hodgej after Pamela Steel. >> Good morning. Um, I am a red shirt. I just forgot to wear my red shirt this

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morning. So, I actually had a red dress. I'm sitting here going, "Wow, I really messed up." But anyways, I'm Pam Steel. I live in Sykes Cove, which is my um access is on Pioneer Road. Um I did speak at the previous meeting when you

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denied the zoning. Um speaking here isn't easy for many of us, but the precedence that this case sets is too dangerous for any of us to stay silent. If this room isn't filled to the brim like it was last time, it's only because our residents are at work today and

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unable to attend. But that does not mean that they're not listening online and still very concerned with the outcome of this meeting. Make no mistake that they are watching and listening closely to this and hoping that you'll do the right

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thing today for the residents. Um, I believe you denied this resoning request based on public safety and health. And I don't believe that the legislature ever intended to ignore public safety and health concerns in a local community

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with this live local act. If you approve this appeal today, you're effectively telling every developer in Florida that our local zoning maps do not matter. The developer admits this specific 11acre tract has sat completely vacant over 40

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years, allowing them to exume a dormant, long abandoned administrative permit from 1983 to force statemandated highdensity housing onto agricultural land is terrifying. If this argument succeeds, it creates a playbook. Any

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developer will be able to buy cheap agricultural or rural land anywhere in Bvard County, find an old administrative permit in the archives, and strip you, our elected officials who speak for the people of your power to say no. We elect

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you to protect our communities, our environment, and our quality of life. I think that we've done a good job already at bringing the matters of flooding and traffic issues to your concern. And this will significantly affect our

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quality of life and our environment around us. Nothing has changed in that matter. And we just hope today that you will hold the line, stand by your staff's decision, and reject this appeal. Thank you. >> Sarah Hajj and Tom Rei will be our next

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speaker after Sarah. Well, I'm just gonna I'm not a good speaker, but um Sarah Hajj, and I want to thank you for denying this in our last meeting. I want to thank you so much for your information because it is

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so correct and we appreciate it as people that you care about and you want to help and you know, this is not a good program. This is not a good thing for this community. I ask you to deny it and

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I support every speaker so far that wants it denied and anyone else that will speak today because they're much better speakers than I. Thank you so much. >> Thank you, Tom Rei. And our next speaker

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after Tom Rey will be Valerie Valerie Rei. Okay. >> Hi, good morning commissioners. My name is Tom Rei. I'm here to express my strong objection to the proposed Rangewater Merit Bidco apartment project. I'm Pioneer and Courtney. We all know we've talked about the roads.

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We've talked about the infrastructure. Uh I'm not going to sit here. I had my whole speech. Um but everybody has already hit on it. All we are is asking you is to please stand by your original decision and protect our community from this project that obviously doesn't fit

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and does not serve the residents and does not improve our area our area. We just urge you to reject this appeal. Thank you. >> Thank you, Valerie Reed. And this is our last card.

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>> Okay. Good morning, commissioners. Uh, my name is Valerie and I live in the Villa Palmus area. I'm here because the decision before you today does not just affect one neighborhood. It affects every community in Bvard County. We are here because Merit Bidco, the entity

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associated with Rangewater Real Estate, is attempting to use the Liblo Act to bypass county's previous denial of their resoning for request for a 222 unit highdensity luxury apartment complex at Pioneer Road and North Courtney Parkway.

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Our community followed the process. We showed up. We provided evidence and the reasoning was denied. Now, the developer is trying to overturn that decision by using a loophole that was never intended for this purpose. Their argument is simple, but deeply flawed. They claim

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that because a medical office operates on an agricultural residential land under a conditional use permit, the entire property should be treated as commercial. But a permit is not zoning. A conditional use permit allows one specific use. It does not change the

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underlying zoning category. If this commission accepts the idea that a cup can magically transform AU land into commercial land, then you're not just approving one project. You're rewriting zoning interpretation for the entire county. That means any property with a

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special permit could suddenly be treated as commercial land under the Live Local Act. And that would allow highdensity apartment complexes to be built anywhere with no public input and no community review. The Live Locals Act's purpose is to support workforce housing on property

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that is already zoned commercial. It was never intended to treat conditional uses as commercial zoning or to bypass the public's role in local land use decisions. Its intent is to add housing where it fits, not to redefine zoning

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categories. Commissioners, this is about this is more about one more than one development. It's about protecting the integrity of the zoning in Bvard County. It is ensuring that conditional use permits remain what they were intended to be, limited exceptions, not zoning

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changes. And it is about preserving the public's right to participate in decisions that shape our communities. We ask you to uphold the original zoning denial and reject this attempt to bypass local zoning through a loophole. Uh doing so protects not just Merit Island,

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but every neighborhood in Bvard County. Thank you for your time. Okay. Thank you. I'd like to uh recognize the applicant. I think they would like to respond or close or both.

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>> Thank you again, Chairman. Uh Kim Rosen from Merit Bid Co. SPV LLC. I don't know what the intent of the AU zoning code was when it was adopted. I do know it contains commercial uses. I

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do recognize the unintended consequences of the policy decision you could make today. But again, the reality is your zoning code allows conditional uses. There is a conditional use on this property. In fact,

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the conditional use was already been used on this 14 acres, which I think is why this was never revoked. As I stated, 621253, the adoption of zoning classification. The use of land is controlled by the

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zoning classification. The zoning classification does not have an intent per se. It has uses that are allowed. The live local act says must authorize multif family in an area zoned for

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commercial or mixed use because the AU allows agriculture and commercial uses. It essentially is a mixed use, but it definitely does allow commercial uses. And I understand the unintended consequences and I don't think the legislature actually thought this would

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ever happen either. Many zoning codes don't even have an agricultural zoning classification. They have a use table. So the problem is your AU zoning classification, not the live local act. This is clearly zoned for commercial. This is not a resoning request. The live

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local act doesn't require resoning request. It is simply to allow uh multifamily affordable housing in areas without requiring a resoning. whether it's in an ag zoning classification or a general use classification which I haven't looked at your general use it

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may have the same problems I don't know but the problem is with your zoning code and the solution is to change your zoning code so uh with that um we believe that this clearly meets the definition of commercial uses

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in the live local act it also meets the definitions of mixed use and this is a conditional use permit that has never been revoked that was declined to be removed by the board of county commissioners at one point and that your

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zoning manager has said a hospital could be built on this vacant s spot today. So with that we ask you you reverse the appeal. Thank you. >> I have I just have a quick question and we go back to staff. When you said that the cup in the site has been used, what

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was that used for? It's used for medical office buildings. >> Okay. >> Yeah, >> it it it's on the four acres, not that not that this project is for, but it was all a 15 acre CUP and part of the CUP has been exercised.

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>> Okay. Thank you, >> Morris. >> Would you like to hear from from me on that, Mr. Chair? >> I think so. I just want to with regard to the CUP, I I would tell the board, you know, I don't think you have to give much consideration to the 1983 conditional

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use permit because the language of the statute is quite clear in this regard. It says a county must authorize multif family and mixeduse residential as allowable uses in any area zoned for commercial and industrial or mixed use. You heard from your zoning official, Mr.

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Prasad, that the property is not zoned for that CUP use. it was in 1983, it no longer is. It would no longer be possible for someone to come in and obtain that cup. The fact that the cup is there, um that it hasn't been revoked by the board, doesn't change the fact

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that the property as currently zoned, which is what you're compelled to look at by the statute, does not allow for that particular use. So, I think you can consider the arguments about commercial uses and whether any of those are commercial uses. I think given the language of the statute, the uses that

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are identified in the code as conditional uses, uh, the right to farm act and the incorporation of right to farm act definitions in the live local act by the legislature in this last session. I think staff's argument is wellreceived that those so-called commercial uses are actually um

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agricultural in nature. I also think that, you know, we know that there is no such thing as a use variant. There is no such thing as a use waiver. So I believe that the legislaturator's use of waiver and and variance in the statute probably

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refers to things like conditional use permits and special exceptions. So I I believe what that statute is attempting to say even though in artfully is that if you are allowed under a zoning classification to make a commercial use of a property without resort to a

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conditional use permit without resort to a special exception. In other words, if you don't have to come and ask permission, you have to allow multif family. Now, that hasn't been decided by the courts. It would be much nicer if the statute used the language conditional use permit or special exception instead of variance or waiver.

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But in this context, variance or waiver makes no sense because again at law there is no use variance. There is no use waiver. >> May I respond? >> Sure. >> Okay. Um, Mr. Richardson makes an interesting argument, but is completely

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contradicted by the state statutes. As I read to you, Florida statutes 479.01125 defines allowable uses. They are the intended uses identified in the land development regulations authorized within a zoning category without the

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requirement to obtain a variance or waiver. And actually, Miami code does allow use waivers or use variances. So that's not something that the legislature would not know. The term conditional uses and those allowed by special exceptions if such are present.

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They do. The term allows conditional uses. Allowable uses includes conditional uses and those allowed by special exceptions but does not include accessory, ancillary, incidental or allowable uses. Your zoning code has as standard permitted use as standalone

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uses plant nurseries and private golf courses. Your AU zoning code has uses. The property that is AU is zoned for plant nurseries and private golf courses. So, it's the zoning code issue.

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Um, regarding the CUP, it still exists. Um, I think there's an argument that it has um it could still be valid, but again, that's probably something the courts are going to have to decide on all aspects. So, thank you. >> Okay. Thank you. Uh question I have for

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council. Uh do we need to take an action? It's no action and action. What what >> action is required. Um action is compelled and the board needs to decide whether to uphold the zoning officials determination or whether to reverse the zoning officials determination and agree

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with merit bido's position that this that live local applies on this agriculturally zoned property. >> Okay. All right. Bring it to the board. >> Mr. Chair. Yes. Chair, I'd like to make a motion to uh affirm the zoning

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officials April 22nd, 2026 determination. >> Okay. Did everybody hear that? Okay. >> Let's Commissioner Goodson, repeat that. You broke up a little bit. >> Okay. I'd like to make a motion to

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affirm the zoning officials April the 22nd, 2026 determination. >> Okay. There's a motion. Is there a second? >> There's a second, sir. >> Second by Commissioner Pritchard. Okay. Uh, any discussion, debate? All those in

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favor say yay. >> Yay. >> Yay. >> Passes unanimously. Okay. Thank you. Thank you. Yes. I think what we'll do is take a a fivem minute break while they're clearing out. Um and we'll be back at

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10:20. >> Min, you are very and you Hey, hey, hey. Hey, hey,

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hey. Heat. Heat. Hey, hey, hey. Hey, Hey, where are you? Hey, hey, hey. Hey,

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hey, hey. Yeah. Hey. Hey. feel hey. Hey, Hey, hey, hey. Hey, hey,

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hey. Hey, hey, hey. Heat. Heat. N. Hey. Hey. Hey. Heat. Heat. to the agenda. I would like to uh under suggestion it's good good suggestion is

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to move H5 to the end that's a big item on the agenda and probably don't want to have a lot of people having to wait around but that's the adoption of proposed FY 2627 Avalor millillage so we'll we'll hear that last

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so One card on >> one card. Next item is H2 introduce it. >> Richard Hefinger, I'd like to have staff introduce it. >> Go ahead. Uh so commissioner, this is

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the public hearing for the ordinance to sunset the Barefoot Bay Water Sewer District at the end of 2029. >> Okay, Richard Ethinger, District 1, 2000 Juniper

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Drive. My only question of this, there were some comments about or some concerns about this water district previously on another agenda item. Um, I I pulled up the agreement and I realize this doesn't happen till 2029, right? We're going to they're going to pay off their bonds. I think I understand that

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right. And then the county is going to take over that because that water treatment plant is basically finished. Hasn't been will not will not meet the new requirements for water. I think I got that right. My concern was in the ordinance it makes some language.

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It says that uh Bvard County shall honor those contractual obligations and commitments to the barefoot water and sewer district that exist at the time of its dissolution. So there there's this period between now when we say hey we're going to dissolve this thing and 2029.

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Um it says also that um shall transfer the title of all property owned at the time. So is that time in 2029 or is that now? And it says we'll also the county shall assume all indebtedness.

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So we assumed that I think the plan was they're going to be out of debt with the bonds by by 2029 and then we'll take it over because the place is probably not real good. But what happens between now and then? Do they have the authority to go into indebtness between now and then?

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I I guess what what happens is my question is we've told them we're going to take this thing away. Um, they currently are collecting fees, right? People are paying for water and sewer. And some people came forward and said they don't like their rates. Now, I can't really say anything about that other than who sets their rates. I

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assume those rates are high enough that they're paying for the current running of that facility. Um, between now and then, 26 to 29, what happens if there's a major I don't know what the state of that facility is other than implied that it's not real good because it's it's 50

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years old. it doesn't meet the current requirements if it has a major malfunction between now and then who pays for that and would that potentially put that that special district in a bad spot that we would assume what I don't want to happen is we've made the maybe

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this is this will be good one right so are we going to inherit a flaming bag of poo if something bad happens do we know what the are we planning for what could potentially happen between now and then so that we know what we're getting. I just I I just it concerns me that this

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language says, "Hey, we're going to assume they're indebtedness." I It'd be nice to know what we anticipate that to be. Could there be things that happen? In other words, could we could we just delay this? We're making a statement right now. We're going to accept this and there's a lot of time between now and then. Why don't we just dissolve

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them and take the responsibility at the time that they run out of out of that that bond? That that's my only question. That's my only concern. So, I don't know if anybody can answer those questions. Do we know what that facility potentially could do to us in the in the period between now and then? >> Okay. Do you have an answer, Eddie,

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quickly or do you want to wait till we >> go ahead or? >> Yeah, >> I think it's a a legal question. I'd be I'd be happy to. Uh, Mr. chair. Um, from the first sentence in the staff report, the Barefoot Bay Water and Sewer Utility District is a dependent special district governed by the Board of County

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Commissioners with the Bvard County Utility Services Department responsible for district service operations. So, it's this board that's going to decide what the district does in the next several years. This board sets the rates. There's an item later on your agenda where you are going to uh consider actually I guess the rates come

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back next next meeting but you are going to be addressing the rates and uh the district very soon. So that is that is all well within the purview of of the board of county commissioners. So um you shouldn't be surprised by anything that the district does in the remaining time. >> Okay.

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>> Okay. Well that that I appreciate that answer because I was just concerned it it sounds like the special district was just something set up to allow them to take bonds. Is that No. Yes. So, if if there's not a problem and you guys don't think there is, I don't I no longer think there is. Thank you. I appreciate it.

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>> Thank you. Uh Sydney James. Commissioners, please take a pause and do not move this agenda item forward at this time. In 1999, C County commissioners here voted to buy the Barefoot Bay facility to and to keep it a special district. One commissioner at

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the time noted that Barefoot Bay customers were paying more, but used roughly half the amount of water of the average utility customer in unincorporated Bvard County. And he said this is unfair. The unfairness has not only continued, it has increased

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immensely. In 2022, Barefoot Bay rates increased 10%. This was followed by 13% increases for the next three years. As I said two weeks ago, Barefoot Bay customers are the only residents in

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unincorporated Bvard County who shoulder the burden of maintaining their own wastewater treatment plant. All the other plants share the cost burden among all the other customers. This is unfair. This is unjust and it's unaffordable to

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many Barefoot Bay customers. Commissioner Atkinson asked about dissolving the Barefoot Bay special district and incorporating us into the countywide system now rather than wait until December 31, 2029. The county attorney essentially said it's

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impossible because the 4 million still owed for the purchase of the system must be paid for by the users of the system. This was the end of the discussion, but it should not have been the end. Our rates increased by 49%

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over four years and will remain high even after the roll back of our 2026 increases. What was the 49% increase for? Not for paying off the bonds. Our rates were already on schedule to pay

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off the bonds at the end of 2029. Those increases were for coming into compliance with Florida statutes, repair and maintenance of the facility, and funding to construct the new facility. You all agreed that the new facility

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will not be a special district. Finally, Barefoot Bay customers will no longer be treated as the black sheep of the county. We are full citizens of Bvard County. Please stop treating us as secondclass citizens now rather than

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waiting three and a half more years. It is never the wrong time to do the right thing. You have several options to write this wrong. One would be to dissolve the district now and have us continue paying off those bonds.

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The resulting increase to countywide customers would be negligible, but the savings to Barefoot Bay customers would be profound. There are other options. Please take time to research and consider other options so you can fix

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this now and not wait three and a half more years. >> Thank you. Uh John Requa Rqua You were correct the first time. Very few that right. >> Okay. >> Must know a little French.

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>> A little very little. >> In the meeting July 7th, your legal council kept referring to Barefoot Bay as a special district. However, I notice on my property tax that after paying my amenities for the year, I see Bvard

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County taxes I pay to the tune of over $2,100 even with Homestead that I pay for St. John River Water Management District. Imagine that. All we pay for water, we pay water other places.

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um along with um school tax, all the other taxes that are included in that roads repair and stuff like that. Just the water and sewer plant, how convenient that is that John Tobaya in

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2022, as far as we're all concerned at Barefoot Bay, threw us under the bus. Okay. He agreed for increases on barefoot bay water and sewer plant in addition to the money on the bond and that was to make improvements that were

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already promised. I don't know if those improvements have ever been made. Uh the commissioners and the trustees back in 1999 made some very bad decisions that has brought all this to where it is

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today. We are pleading with you to correct it. That's all we want. In addition to this, since I was here last time, I got a call from your department uh telling me that they watched me here on video and they were going to get the

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answers to the four questions I sent you by certified mail. They said you didn't get it. It did arrive at your mail room because I got a receipt around midnight. Um I haven't gotten a response to that. I believe if I had a response to those four questions

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that it would show where there's uh been a waste in funds for the improvements of the water and sewer facility at Barefoot Bay. And to answer this man's question over here, we are a deed restricted community. We have a board of trustees.

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Barefoot Bay does not own the water and sewer facility. This man here can tell you that it's been taken over by Boulevard County and they intend to replace it by 2029, I think, with a new facility, which we do not know what that's going to cost us, what our rates

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are going to be. I personally find that suspicious. You're not going to put in a multi-million dollar plant and not have any idea what you're going to charge the consumer. I asked that gentleman that question two years ago. He said he

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didn't know there. I know there's an answer to that question. I would really love to know what that is. We would love to know. So, we're pleading with you. We're hurting myself. I can afford to pay the water bill. I just got $163 water bill for one month. I can afford to pay it,

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but there's many that can't. And like I said before, with the water, the problem with homeowners insurance on modular homes and taxes, you're going to turn Barefoot Bay into a

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trailer park. It's going to fall. That water plant not only supplies Barefoot Bay, it's Crystal Lake, Sebastian, I mean Crystal Bay, Sebastian Lakes, and Snug Harbor. It's more than just our community that that water plant

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funds. So, I I plead with you to do the right thing. I really do. You know what we want. >> Okay. Thank you. Thank you. Okay. Those are all our cards. We'll bring it back to the board. Did staff any have anything they wanted

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to add or respond to before we have discussion? >> Uh, no sir. >> Okay. >> With that said, Mr. Chair, I'd like to make a motion to hold a public hearing to adopt the ordinance to sunset the Barefoot Bay Water Sewer District.

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Okay, there's a motion to um adopt an ordinance. This would not be the final decision. This is only set the public public hearing. >> Um okay. Is there a second? >> I'll second.

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>> Second by Commissioner Felner. Any discussion? All those in favor say yay. >> Yay. >> Yay. >> Okay. Carries unan unanimously. What is the date of that ordinance? Do we have a date? >> Uh yes sir. I believe in the ordinance

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is December 31st of 2029. >> The actual public hearing for >> this is the public hearing sir. >> The public hearing on the rate ordinance or on the rate resolution >> the motion >> this ordinance. I'm sorry. >> Repeat that motion again. I just

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>> So my motion is to adopt the ordinance to Sunset Barefoot Bay. >> Okay. This is actually Okay, I want to make that clear. Adopting the ordinance to >> Sunset. >> And then I'll second that. May maybe we should vote again. >> All right, let's vote again. Okay,

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>> you heard the motion, the second. All in favor say yay. >> Yay. >> Yay. >> Okay. Carries unanimously. Okay. >> All right. That's H5. Um That's H2. That's right. I'm sorry. We moved H5 to the end of the meeting.

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Okay. H3, final public hearing and adoption of the fiscal year annual action plan for Boulevard County Home Investment Partnership Program. >> Hi, good morning commission. Um, this is the final public hearing for the FY 2627 annual action plan for Boulevard County

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Home and CDBG programs. We are estimated to receive $1.3 million in CDBG funding and 1 million in home funds. Boulevard County will receive about $447,000 of the 1 million and the member cities

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will receive the remaining 623,000. As a HUD consortium, Bvoulevard County as the lead agency is required to submit an annual action plan for how home and CDBG dollars will be spent. Public input was sought through a 30-day public comment period with advertisements in

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Florida Today, Ebony News on our website and in social media. We request approval of the 2627 annual action plan for the chair to sign and require certifications, assurances, and applications for federal assistance to

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for CDBG and home to HUD and for the county manager to sign program grant agreements and authorize housing staff to complete the proposed actions and projects. >> Okay. Do we have any cards? I don't think we do. Um motion to approve.

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There's a motion to approve. Is there a second? All in favor say. >> Yay. Cares unanimously. >> Okay. Item H4. Good morning board. Uh this is a petition to vacate a portion of two public utility easements located in

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Barefoot Bay, uh District 3. Uh the property owner, Mr. Schmidt is the petitioner requesting to vacate two public utilities easements to allow for the construction of a garage and a breezeway. Uh there's been no objections received. >> Okay. Any cards? >> No cards.

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>> Having none. Uh what's the pleasure of the board? >> I'd like to make a motion to approve. >> A second. >> Motion to approve and a second. All those in favor say yay. >> Cares unanimously. Thank you. Okay. We're going to move we move H5 to the

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end of the meeting. That lead takes us to unfinished business I1. >> Good morning, Mr. Chair and commissioners. This is a resolution authorizing a loan in principal amount not to exceed $17 million from the Florida Local Government Finance

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Commission pursuant to its commercial paper program to finance capital projects and land purchases under the county's environmentally endangered lands. This is a request for the county commission to approve resolution authorizing the

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borrowing of an amount not to exceed $17 million in principal. authorize the chairman to sign and execute the resolution and the various documents and authorize the county manager to um implement the budget amendments that are

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necessary to implement this request. >> Okay, we do have a couple cards. Uh first is Lewis Contract. >> I think he left. >> He's the restroom. >> Okay. No, I think he's >> Hi, thank you very much, Lucnik. Um, uh,

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3208 Birds on Court. Um and I want to thank you all for what you've done here just today and and also over the the years that you have you have balanced between growth

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which we all know is necessary and we know we're we're fortunate to be getting that in in measure. um and also the environment and um you've done that certainly with eels in the past and you've you've done that with uh the

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lagoon. Um we're looking at it again for the lagoon and on this item um uh I1 it seems like this is something yes please go ahead with it. We have that money. We did the vote. you're changing the

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approach that you're realizing the money for expenditure. I fully support it and I thank you once again for the balance that you do. Thank you. >> Thank you. Um, next card, Vince Lamb. >> Good morning, Vince Lamb, South Merit

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Island. Uh, first welcome back, Commissioner Pritchette. Nice to see you here. Uh in 2022, I served as chair of the political action committee advocating for the for the passage of the referendum that uh continues the uh the

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EEL program and also uh and also authorized up to $50 million in in funds for uh for conservation land purchases. This referendum passed with more than 70% of the voters choosing to tax themselves to continue the program and

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to place more land in conservation. Two years later, this board authorized uh $3 million in in funds for uh for conservation land purchases. The conservation fund organization was engaged to assist the program in finding

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and acquiring lands. properties have been have been acquired using these funds including 100 acre hollows. Currently 12 programs uh 12 properties submitted by land owners uh have been

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have been determined to meet the the requirements of the of the program uh by the selection and management committee. The total value of these properties is $80 million. So, uh, you have you'll have some choices to make in the future.

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Each of these properties must be approved by the board of county commissioners. Uh, often the EEL program can find matching funds uh from other sources uh including the water management district. All right. More than a year ago, this this

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board authorized $17 million in conservation land funding with the specification that it was to be provided by bonds. County staff uh evaluated the uh developed concerns about the the use of bonds and determined that commercial

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loans were a better choice. So, this this issue is back to the board with just that small change. I certainly encourage you to pass it and uh let us uh I'm I'm excited that the uh that the eel program, conservation land program is up and running and and vibrant right

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now and these funds are needed to keep that going. Thank you. >> Thank you. Appreciate that. I know this u is uh implementation of public uh public vote for eels. Um, it also is the

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implementation of our action that we took last year through the budget process. Uh, the only difference is, and staff can probably do a better job than I explaining why, uh, the use of commercial paper rather than bond. Maybe they could explain some of that. >> Currently, the commercial paper program

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right now is an all-in 3.26% where if we got a bond, it would be about 4.25. So, this is a better, more economical means to get the money for the EELS program. >> Fantastic. Okay, we'll bring it to the

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board. Any any discussion or action? >> I'd like to >> Go ahead. Go ahead. >> I'd like to make a motion to approve. >> It's a motion. >> I'll second. >> Motion by Atinson, second by Felner. Any debate? All those in favor say yay. Yay.

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Yay. >> Carries unanimously. Thank you. Okay, now let's go to J1 board direction impact fee study. >> Thank you, Mr. Chair. On on February 25th, 2025, the board directed staff to

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begin the process of conducting an impact fee study pursuant to the Florida impact fee act. Through a competitive procurement process, Banesh was selected for consulting ser consulting services in drafting the study. They have completed this study and a representative from Besh Nilonamp is

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here to answer any technical questions regarding that. While the county conducted a study on impact fee rates in 2014, the board at that time chose to retain the current impact fee schedule adopted on October 30th 2001. As such, the county's current rates were

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established more than 25 years ago. The Florida Impact Feact has been amended often over the years. Some particularly relevant changes have occurred in each of the past two sessions. In 2025, provision was added to state, quote, "A local government may not increase an impact fee rate beyond

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the phase in limitations under this paragraph if the local government has not increased the impact fee within the past 5 years." End quote. Those limitations effectively prevent the county from increasing impact fees more than 50%. which itself must be phased in

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over four years. Subsequent to that, in the 2026 legislative session, the act was amended further to add in additional methodology and technical requirements to the impact fee study among other amendments. These amendments were effective July 1st and

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the supplement to the study attached to this item addresses those requirements. Given that staff believes the study meets all requirements to justify amending impact fee rates, districts and related regulations, the study indicates that nearly all impact fee rates are

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justified at far more than the 50% cap. But because we are statutoily limited to that increase, staff is proposing increases to that cap. The couple of exceptions that would not be to that 50% limit are solid waste facilities and fees applying to what are considered

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industrial uses in the context of impact fees. Due to required changes in methodology and calculations, residential solid waste fees would see a decrease. On the flip side of that, because industrial uses have been exempt from impact fees since at least the mid1

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1990s, they have effectively not been adopted throughout the period of the study the current fees are based on. Therefore, the board has the authority to establish those at those rates shown to be justifiable by the study. These would include things like warehouses, mini warehouses, and manufacturing.

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To be clear, what staff is seeking today regarding fees is only preliminary direction in drafting ordinances. No fees will be increased until the board holds a public hearing after due notice on the ordinance amendments. If the board ultimately does adopt new impact

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fee rates, those would only apply to new development, not existing structures. In addition to fees, staff is seeking to amend our impact fee districts to allow maximum flexibility. The study supports the concept that our residents and visitors are highly mobile and having

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five transportation districts, for example, unnecessarily hinders our ability to direct funds where they are most needed and benefit the public the most. It also limits the ability of developers to partner with the county in funding large transportation projects in

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exchange for impact fee credits that can be used throughout the district. In summary, staff is requesting the board take the following actions today. One, adopt the attached impact fee study. Two, provide direction to staff to draft amendments to the impact fee rate schedules at the maximum impact fee

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rate justified through the study or as capped by Florida statute, whichever is lower, and amend impact fee district to provide maximum flexibility. Three, issue legislative intent and permission to advertise amendments to chapter 94, article 4, division 3, impact fees, and

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chapter 62, article 5, impact fees of the Bvard County Code of Ordinances. and then for any other direction of the board. And I do want to just take a moment to address Mr. Hfinger's question earlier today on how uh the the financial process works. Um the each are

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segregated by impact fee type. So uh library facilities for example are kept separate from transportation facilities and they're held in an account and tracked over time and yes some some are carried forward particularly transportation projects because you know they're very expensive. So we wait until

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there's enough funding for a certain project and once the uh advisory boards recommends this project we bring it to the board for dispersement on those projects but until that time till the board approves a particular allocation they're held in our accounts. >> Okay that's good explanation.

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Yes administrator. >> Thanks Mr. Chair. I just want to add on to Billy. Um if you look at the adopted budget and the proposed budget each of the impact fees have their own section underneath the planning development shows you what's in it. What's the revenue? >> Okay, good. All right, we have one card.

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Rick Helfinger. Richard Heelfinger. >> Rick works is an approved nickname. Um, Rick Helfinger, District 1, 2000 Juniper Drive. Um, I I brought this forward because disappointed for one thing that we had a study, we paid a lot of money

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for a study. The study was not delivered early enough to take action before the state interceded with their regulation. I believe that's true. Um the study showed that we are seriously seriously behind on funding some major major

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products or pro um services. Um the impact fee I think the study showed some one of them was like over 400%. It needed to be increased. the and these are long-term planning things. I believe they were all looked at five to 10 years. I know transportation looked at a

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5% deficit, a five-year deficit, and then a overall 10-year for planning purposes. And there's a list of roads. It's it's wonderful insight into how we assess what we need to do based on these impacts. I assume they're all impacts from new development. So, we had the opportunity. It would have been brutal,

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though. I realize there's a balance between, you know, you impact fee too much and nobody's going to want to build here. It's going to be too expensive. it it would as as the chairman identified it potentially would raise the cost of a house because they're going to pass that on to the to the home buyer. Understand that there's a balance there, but also

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you can't just say, "Hey, you know, don't pay any impact fees. The residents here will just we'll just pay it out of our pocket." So somewhere there's got to be a balance. I I feel really bad unfortunate that that we didn't take action earlier to try to get a little bit more than 50%. because that 50% does

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not put a very very big dent in it and it's well documented in the u I believe that I have not read the complete impact study. I'm sure it has a lot of wonderful information and insight and I'll get to that but the important thing was the impact fee demonstrated needs study and I pulled a quote out of that

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that that says it all. It says with reduced impact fee levels, estimated revenues are not sufficient to fund projects needed for any of the service any of the service areas. Under this option, the existing population that's me

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will subsidize new growth or the level of service will degrade. So we already know what's going to happen. What is the plan since since we didn't take any real action? I mean, this thing decremented like 4% where it

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could have get taken out as much as 38% of that of that projected cost. So, we didn't put a big dent in it. We put a little dent in it because, you know, we're limited by the law. I think I think you're asking for the maximum amount that the state will allow us to do. And it's a four-year progression,

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right? And so we're going to get some of it back, but it's a very small. What are we going to do to get the rest back or what does as a citizen or a resident here, what should I anticipate? Because I think this is going to kill me. The millages, which is we're going to talk about later, too. But what is the plan?

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How much is I asked about impact fees. What's what's in the transportation impact fee right now? How much money do we have? I mean, I don't know. It's just I'm I'm a little disappointed and I'm and I'm a lot concerned. And I think everybody in in uh Bvard County should be Thank you.

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>> Okay. I think that's the only card that we have. >> I think maybe there's something to be corrected. Billy, uh did did we miss some date or is there something that some date out there that somehow impedes the county >> commission? I'm happy to clarify. It was

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in in the legislative session of 2025. So July 1st of 2025 is when the the key language took effect. So, we never had the opportunity to raise it more than we're raising today, at least in the last couple years. And I'll I'll quote what was added in in 2025. A local

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government may not increase an impact fee beyond the phase and limitations under this paragraph if the local government has not increased the impact fee within the past 5 years. So, the the other operative language that was added this year, we don't even get to that because we because we hadn't increased

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the fees in the last five years. We we could never could go beyond the 50% anyway. >> Okay. Thank you for bringing that up, Commissioner. So, we have that clarification. Okay. Commissioner Atkinson. >> So, I'm I'm fairly positive about approving this because I would like to

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see what the numbers look like. And since that's all this is doing, we're not setting the numbers right now. I would like to see what it looks like. And and I know that we all say that we're just going to end up having to pay the costs ourselves, but maybe we don't

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need to. Maybe we could have builders not pass all of it along. We'll see. But I for me, I would like to see what the numbers are. >> Okay. >> I'm trying to light. Yeah. >> Oh, okay. >> Okay. >> Yes. >> Um I um I don't have any problem right

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now with adopting it. I need a little more time to dig into the numbers. I've had a real busy weekend with the budget >> and there might be some other things we can talk about as far as getting some more revenues in. So, I'd like to have all these things on our uh our talk

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topic one evening so that we can have a discussion because I was looking through maybe doing a local option gas tax. It might be a little bit easier for the constituents and and pay for that. So, I want to get all the numbers from the county. I was looking at the public service tax, but I think that would be

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really hard on residents because the electric bills are seem to get quite high right now. So, there's just some things that I want to dig into. If you guys would give me a little time on that before you set any kind of um direction to the staff about how to implement

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that, that would be my um request today. >> Okay, I think that's a reasonable request. um we will not be setting them today. >> That's correct, Mr. Chair. So that there is a minimum of a 90-day notice period.

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So this would just be having us do the legislative intent to draft the ordinances. We would draft them and there would again be 90 days notice required before it came back to the board. >> All right. Good. Okay. Uh any other discussion?

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>> Can can I just ask for clarity? Is there a point that we have to have to uh have final adoption? So, we have a time frame. It comes back later this fall, but it has to be before the end of the year. Is it something like that? >> No. Commissioner, um you would had to

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have adopted the study, but not necessarily act on the race. So, you'd be adopting the study today, but that doesn't require you to act on those that study. Once you've adopted the study, I believe you have uh four years to act on it at somewhere in that period. So, there's there's some time. Okay. All

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right. Thank you. >> Okay. Excellent. All right. What's the desire of the board? >> Mr. Chair, I'd like to make a motion to approve. >> It's a motion to approve. Is there a second? >> I'll second. >> Motion and second to approve. I'd like to say a few things. You know, I have

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historically been against concept of raising impact fees. I'm going to vote in favor of this and wanted to say why. Um, one, something is fundamentally different today than a few months ago, and that's the amendment three, I

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believe it's three, that's going to have a significant impact in local government's ability to provide needed improvements, infrastructure. Um, and I I think we need to keep every option open that we possibly can. And also uh

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there's been a lot of effort on behalf of in my district significant developments and developers trying to get around the level of service u impacts that our staff is doing a really good job trying to enforce and maintain

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as much as possible our our county roads. And and thirdly um just the incredible feedback from my constituent. I think by far the single greatest um input complaint

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that I receive is the level of congestion and the amount of development that >> we I don't think they're anti-development, but the level of congestion in our roadways and how we're going to address that. So, um that has had a big impact on me.

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>> Okay. Is there any other debate? All in favor say yay. Yay. Nay. >> Yay. That's a yay. Um motion carries unanimously. Thank you. Okay. Uh item

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J2. Good morning again board. Uh this is a contract for sale and purchase an addendum for fee simple parcel and utility easements from Wheeler Farms Incorporated for the wastewater treatment uh and water treatment facilities relocation project southwest

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of Doy Drive on the north side of Miko Road in Pal Bay District 3. The approach for the new treatment facilities uh is to have a dedicated access drive from Mo Road to the facility and uh this would

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uh help uh bring that project to fruition. >> Okay. Uh we have one card. Richard Hefinger. Rick Huffleinger, District 1, 2000 Juniper Drive. Um, I bring this one forward because again, I I think water

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is important. Um, you're asking for a dedicated drive and it says the reason that you can't use the current drive is that it's a dirt road and it's subject to flooding. And I think I can use this. Can I use this? This is right from the the Hooie Jammer.

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So, there's the map. And I and I think I I understand this correctly. Here's the plant right here. Right. Boy, we just got to figure out how to point. That's the plant. And this white line right here is the dirt road that comes in

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currently for the plant access. And I don't know what you bring in. Maybe maybe water that needs to be processed. You pump it into the plant. Don't know. Um I'm just trying to figure the logistics of why we need another road. So we got a dirt road. It's subject to flooding. I I don't know what the geography here is, but I doubt that this

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parcel of land that you're trying to cut a road through or get an easement for is any low lower or higher than that road that's over there that you already have a utility easement for. What I do know is if you and you got to pay I don't I don't remember what the cost of this was. It's 900 700 something,000. So,

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you're going to get an easement here and you're going to buy some of the property. You get a utility here and then I guess you're going to put a road here if I understand right. So, that road's going to come in to to support the the new plant. This part, this parcel right here was bought for $5 million. I assume that's part of the new

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plant. Uh, this parcel over here is already owned by the county. That'll be part of the plant. So, this plant is going to be a big footprint here. This parcel right here that you already bought used to be a trucking depot or storage facility. And you can see a beautiful road that comes in with a big

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turnaround right here. Couple of buildings. It has an entryway that looks like it could be raided to do all kinds of transportation and it was supporting a trucking plant. I it it seems like it's gone kind of dilapidated, but I don't understand why you need to cut a road through here if you already have

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this road because this is you're just going to get the property now. You're still going to have to pave that and oo there's a big problem. You've got to bridge a canal. So I assume I I don't have any estimates. I don't know if you've done any a cost study of you know do we use this improve this road? Do we buy this,

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put a road in, put in a bridge, or can't we just use this road coming in on this? Now, I I guess I don't have completely all the information. I'm just asking crazy questions. When I when I see what you're trying to do here, I question why why you're trying to do that. I assume that this property, this property,

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uh, and the and the existing facility property are all going to be utilized for ponds and whatnot that you do with with water, right? Water processing. So, you have a road that comes in right now. Why do we need to buy property and build a bridge? I don't know what that would cost. I imagine expensive. You're going

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to have to cross that canal. And is this truly less vulnerable than this dirt road that you already have? It's part of the parcel. You just have to pave it and you come in. Of course, I I I would imagine that these people don't like you driving their trucks past, but they've ex it's happened existing. So, that was

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just my question. If you could clarify any of that, since this is a a hearing, we could talk about that. I just appreciate clarification. That's all. >> Okay. Thank you. Um maybe we'll have a clarification of that. >> Uh sure, Commissioner, just to go through a few items. The uh Culdeac Road

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that's referenced um that you can gain access from the north and it's a a culde-sac that was from a previous plan development. Um quite honestly to get access through you have to go through Grant Valkcaria and Grant Valkcaria

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right now is not allowing access into that. They don't want the neighborhood traffic. Um to keep in mind the ultimate is going to be and I forget the numbers commissioner we're going to have a 10 milliongal per day wastewater plant and

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a 10 million gallon per day ultimate um water plant. So the amount of um deliveries and trucks we're looking at 50-foot trucks they can't make that turning radius on Dy Drive. It's a dirt road. It's a recreational road. Um, I

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think it might be posted at 25, but I'm going to tell you I drive 20 because of just the geometrics of it. Um, once you get into facilities of such, in addition, the billing office from the billing office that's currently located in Barefoot Bay is also going to be

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moved to this site. So, the amount of traffic, not just um day-to-day car traffic, but also the truck traffic. And also keep in mind that we also have to have an ingress egress construction. So when this is getting constructed, there's going to be severely heavy

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equipment. So having an access that can be used dedicated for that, it just it provides a better logistic overall for the project. >> Okay, that was a good explanation. Um, any other questions? Is there a

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motion? >> Mr. Mr. Chair, I'd like to make a motion uh to approve the requested action. >> Okay, there's a motion and second. Is there a second? >> I'll second. >> Second. Uh my Commissioner Felner. Debate. All in favor signify by saying yay. >> Yay.

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>> Yay. >> Carries unanimously. Thank you so much. Okay, I think what that will do then is take us back to H5 which we move to the

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be the last item. The last item actually would be public hearing that we're normally here at the end. U the H5 adoption of proposed FY2627 ABLOR millage rate and I do think we have cards. We have >> one

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>> we only have one card. Okay. Uh Richard Heelfinger, >> do we need staff to explain? >> Yeah, let's have staff give us an analysis first before he comes up and then >> All right. Good morning, commissioners. Uh item H5 request that the board set

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the proposed fiscal year 2027 mill. The millages approved under this item will be the millages that appear on the trim notices mailed to taxpayers in August. And the list of millages to be levied by the county is attached to this agenda item. And these are the millages that were used for budget development. Florida statute requires that by August

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4th, the taxing authority must inform the property appraiser of upcoming millillage and meeting information for use on the trim notices and that notice will serve as announcement for the first public hearing that will be held on September 8th with the second and final public hearing being held on September 22nd. All operating mill rates have been

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established within the Bvard County charter cap limitations and the voter approved millages have been set within the restrictions of the voter approved maximums. Okay. All right. Our uh speaker, Richard

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Hefinger. Rick Hefinger, District 1, 2000 Juniper Drive. Uh hey, I'm great to see that these things are not busting the cap. I I'm shocked because I went to budget hearings or budget workshops that I thought, "Oh my god, we're going to die this year." I don't know why that didn't

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happen because I do believe that you guys along with the county manager talked about what we needed to do this year to solve some of those. I thought they would have been budget workshop problems and I saw nothing but problems. I didn't see anybody's specific budget

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asks. I saw problems. So, let me see if I got this right. We're going to advertise this that we're not busting the cap. Yay. But that's not the end of it. You guys still have to have deliberations, talk about budget, and you could very easily on this dis decide

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that you're just gonna, oh crap, we forgot about that. We're going to bust the cap on this. I understand that, right? I understand that can happen. It won't. You're you're saying no. Okay, that's good. I like that, too. But but but the issue still exists. We identified with that impact study thing

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a huge deficit in and where we're going to pay for stuff. May am I just like chicken littleing and going ah I heard ah from you about what it was going to take to overcome some of these these projects that sixtory building comes to mind the water now I understand that

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maybe I'm I'm messing that up because that's some kind of a a fund that's different from you know we don't we don't take real estate tax for that but I heard ah a lot on infrastructure and yet I see no no bust in the cap now am I

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am I upset no I like when you don't bust the cap, but I don't know where we're going to get the money from all that other for all that other stuff. And and Commissioner Pritchette said, "Hey, maybe we can consider a gas tax." I think we already talked about that. Is that the you know, percent gas tax try

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to help for transportation? That was shot down. We're not going to we're not going to pursue that. I I see if we wait too long, it only gets worse, right? You you either take on a problem now and try to address it. We know what the problem is. The impact fee study did a wonderful job of documenting where we're behind.

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We're seriously behind. 3.5 billion in transportation over the next 10 years. I think I read that number correctly. Well, how you better start doing something now. You only got 10 years. I don't know how we're going to do that. I would like to hear a plan. I I hope that, you know, everybody considered

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what do we need to do with our millages and this is accurate and we're not going to bust the cap or we're not going to have major boohha later in this budget. uh period where we we freak out. Everybody's good with this. We're not going to So, I'm good with it. I hope

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you're good with it. I don't know what's going to be 10 years from now or the next couple of years. It would, you know, you always try to take a little bite out at a time. You're not taking any bite out now. If we really had those emergencies, I would expected a bite and we would have a conversation about how to fund that. I I is it magically the

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02:13:52.560 --> 02:14:08.079
state going to step in and pay for all of our stuff? I don't know. I'm just trying to get get insight into this. I was scared and I'm still scared. Thanks. If you want to discuss that, it'd be great. >> Okay. I'd like to We'll bring this back before the board and I would like to

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make a motion just to put this in a posture so we can move forward have debate and discussion on a vote. I think it would be helpful. So, I would like to move I don't know if I need to pass the gavl to do that Morris or can I move from the chair? >> You may move from the chair.

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>> I will do that. Um, I move to set the general fund millage rate at the supermajority rate of 3.0942 and have staff bring back a resolution setting forth the critical needs that were presented at the budget workshop in

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April. I would also ask that the staff bring back recommendations on allocating the additional 17 million with the focus being on public safety, infrastructure, and restoration of reductions that were necessary to balance the budget. I think

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this is a measured re uh it it helps fund needed infrastructure improvements. It's a measured rep uh action because we still will remain the lowest millage rate in our in our region and we still

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will be lower than the millage rate that we had back in 2023. But it would allow us to um address some very very simple simple important critical issues. Um,

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first and foremost, um, I'd like to point out that prior to August 4th, the board must set the millages that will be sent out on the trim notices. These millages can be lowered, but cannot be increased without setting additional notices at a cost of

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approximately 180,000. So, this takes a conservative approach. It's not our final mill rate. We still have the ability to lower them, but we can't raise them. So if we were to go with a lower rate, it would box us in with it would put us in a bad place without

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having the ability to hear from the public and to deliberate that. So that's why I think this is important that we do to give us the flexibility. So to set uh millages above the current limitations, the board must adopt the resolution setting forth the funding of critical

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needs under the charter. A supermajority is required to adopt the resolution and mill rates above the charter limitations. staff would bring back this resolution at the tenative budget hearing on September 8th. So, u that still again

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gives us time to evaluate. Here's some of the issues that I think are really critical to our county that would allow us to to address them with this millage rate. Um the um the animal shelter replacement

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incredibly important to our community, the Boulevard County Jail infrastructure. Um you know, if you look at what the sheriff is up against in maintaining that jail facility, there's a serious threat to our ability to protect uh public safety and house uh in

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inmates in our jail. um the Boulevard County Government Center North and other facility repairs. I was in that facility a few months ago when sewage, raw sewage is raining down on the heads of our property appraiser. So,

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um I can't begin to emphasize the dire straits that that facility is in. That's a $3 million replacement. 5 million animal shelter, 3.5 million in the in the jail, 3 million the north of our facility, which that is our county seat. And it's an embarrassment here in the

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county seat of the county of our statute that uh we have such disrepair. Uh it does provide road surfacing of of 1.6 million. Uh it does provide that the tax collector's ability to implement the

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voter approved millages from the school board and does restore 2.4 million of critical reserve levels. So that's an allocation around 16.8 million. I think that's a starting

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point. I hope I would support this as the final, but I I just want to emphasize at least it gives us the ability to get with staff to have uh meaningful meeting dialogue and to give the public the opportunity to give testimony on these important

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important needs. And that's my motion. >> Second for discussion. >> There's a motion. I move second by Commissioner Pritchard for discussions. >> May I sir ma'am? >> Yes. >> I um I'm really relieved you did that. I was trying to figure out who I was going

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to talking to get a second on that. I um spent the weekend on this. I still need a lot more time, but I'm looking at the statistics of where we were a few few years ago and with amendment three and I really think that's going to pass. It just looks like something as a

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non-political personal or last period of time. It looks like a good thing. And I know it's going to be painful trying to figure out how to get more tax dollars for what we do, but in district one right now, again, we're trying to get data together, but our storm water issues and our drainage issues are huge right now. And I got to figure out how

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we're going to get those things covered. The reserves are down to under 10% now. Um, in the general fund, which has got my attention, is is um something we got to fix pretty quickly. the um the budget right now and going into next

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year after the amendment three happens, we have a certain percentage we're allowed to raise it. And if we don't get this to a a a fairly decent level right now, which isn't a whole lot if you do the 3.094, that's what bases next year off of. The

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state of Florida mandate about six years ago had us increase everybody's income over six years. This is our last time doing this, but this has been a great um obstacle to try to figure out how to get everybody with the salaries paid. And this is countywide. All the businesses

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are suffering, too. So, everybody out there is having a lot of struggles. So, we need to figure out how to keep our core services running. There's a couple things I I will bring back with you guys if we can discuss them. Again, the local option gas tax, we could put that on a ballot with a three out of five vote or

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we could just, I think, vote it through with a super, but that would be something that even the tourists would help participate in. So, I'm just looking for how much we have to have with those items and figure out how to get there with the least amount of paying to our constituents of what they can afford.

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But, um, I I think that's a good start, sir. I was hoping for that myself. I could get into maybe dig and try to find some other ways to get some more funds in. So yeah, I completely support that today. >> Okay, we have a motion and a second. Is there any other discussion?

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>> All those in favor say yay. >> Yay. >> Yay. >> Opposed. >> Uh passes. Uh 45 with uh Commissioner Felner voting against. Okay. >> Can we just get clarification?

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>> 41. Did I say 41 passes? 41. Okay. >> I'm sorry. Can we just get clarification that that motion also includes approving the other proposed millages at the rate that they're presented in the agenda with the only change to the general fund?

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>> Yes, that is that is a good point. That motion would include all the other uh millages that were presented to us. Um do I need to be more specific or would that cover >> I I think that would cover it. >> Okay. Was that included in the second? >> Yes, sir.

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>> That was included in the second. Do we need to revote? >> Uh, let's revote just for that. All in favor say >> Well, can we clarify something that you're you're asking staff to prepare >> to to exceed the charter cap? That's that's where we're Okay. I just want to

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be clear on that. >> Okay. >> All right. >> Okay. All in favor say >> opposed. >> No. >> Okay. Passes 41 with Commissioner Cottner voting against. Okay. That's the last scheduled item on our agenda. The

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last item we do have is public the final public hearing component of our agenda. >> We have no public comments. >> No cards. So we will go to reports. First report would be the county manager.

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>> Thank you, Mr. Chair. I just want to highlight we had two employees that retired last Friday. Lee Lori from um parks and recreation. She was HR person at the time, 38 years. Uh Barbara Burns from Transit Services had 20 some years she was customer service representative. I know both of them personally. Um but

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those are two dedicated staff members came in every day worked very hard. You never see them out front getting the applause. Um but those they both exemplify what you want to see in county employees and I know both departments will miss them. >> Fant we will miss them. I wish them well in their retirement.

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Okay. Uh county attorney >> I have no report. Mr. District one, >> just want to say >> is welcome. >> Thank you. One report. >> Thank you. It's it's good to get to serve with you and um you're you're so professional. This is very delightful

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and I'm looking forward to um doing the best we can do here with with what I can do over the next couple months and then I'm so out of here. >> That's was such a great honor to have you with us. Welcome. Uh Commissioner Goodson, >> no report, sir.

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>> Commissioner Atkinson. Commissioner Felner, >> no report. >> Okay. I do have one item under my report. At the February 24th meeting, the county commission appointed all the commissioners chief of staffs to serve

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as alternatives for the election canvasing board. At that time, uh Kristen Lordy was the chief of staff at District 1. Since Miss Lordy is no longer employed with the county, I'm requesting that we remove Kristen Lordy as the alternative to the canvasing

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board and replace her with Marshian Newell, the current chief of staff in District 1. The supervisor of election needs us to approve this action in order for Miss Newell to fill the role. >> So moved. >> Okay. There's a motion. Is there a second? >> Second.

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>> All in favor say yay. >> Cares unanimously. Our agenda is complete. Thank you. >> Thank you. >> The opinions expressed by any member of the public during any period of public comment do not necessarily reflect the

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views or opinions of the board of county commissioners of Bvard County, Florida, Space Coast Government Television, or the program sponsor and are solely those of the presenter. The board of county commissioners of Bvard County, Florida, Space Coast Government Television, and the program sponsor hereby expressly disclaim any and all responsibility or

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liability for any defamatory or slanderous statements expressed by any member of the public during any such period. baby. Hey, baby.