Attendee Name	Title	Status	Arrived
Robin Fisher	Chairman / Commissioner District 1	Present
Chuck Nelson	Commissioner District 2	Present
Trudie Infantini	Commissioner District 3	Present
Mary Bolin	Commissioner District 4	Present
Andy Anderson	Vice Chairman / Commissioner District 5	Present

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The invocation was given by Reverend Joy Willard-Williford, Holy Trinity Episcopal Academy, Melbourne.

 

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Commissioner Andy Anderson led the assembly in the Pledge of Allegiance.

 

 

 

The Board approved the February 3, 2011, Zoning meeting minutes; February 8, 2011, Regular meeting minutes; and the February 10, 2011, Workshop meeting minutes.

 

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Chairman Fisher read aloud a resolution congratulating Pam Shoemaker.

 

The Board adopted Resolution No. 11-054, congratulating Pam Shoemaker for her exemplary service, dedication, and commitment to the community and citizens of Brevard County throughout her tenure; and extended its heartfelt wishes for a most enjoyable retirement with her family.

 

 

Pam Shoemaker stated it has been her pleasure serving the citizens of Brevard County over the years; she looks forward to continuing to serve in a different capacity; and retirement sneaks up on a person faster than expected.  She expressed her appreciation to the Board.

 

 

 

 

Commissioner Bolin read aloud a resolution proclaiming April as Sexual Assault Awareness Month.

 

The Board adopted Resolution No. 11-055, proclaiming April 2011 as Sexual Assault Awareness Month.

 

 

Sue Kiley, Director of Programs at the Women's Center, stated every two minutes in America someone is sexually assaulted; the Women's Center does something every year to highlight sexual violence prevention; and sexual assault happens at every social economic level, every ethnic and cultural line, within all religions, and at all levels.

 

 

 

 

Chairman Nelson read aloud a resolution proclaiming the week of March 20 - 26, 2011, as Florida Surveyors' Week in Brevard County.

 

The Board adopted Resolution No. 11-056, proclaiming the week of March 20 - 26, 2011, as Florida Surveyors' Week in Brevard County; and recognized the many contributions and the ongoing dedication of present day surveyors and mappers to the citizens of Brevard County.  

 

 

 

 

The Board adopted Resolution No. 11-057, commending Gary Regner for his commitment of 37 years of service to the Supervisor of Elections Office and the citizens of Brevard County.

 

 

 

 

Commissioner Bolin read aloud a resolution congratulating Bill Hall.

 

The Board adopted Resolution No. 11-058, congratulating Bill Hall on receiving a Gold Medal for his book, The Trouble with Panthers.

 

Bill Hall expressed appreciation to the Board.  He stated the book is primarily about present day Florida and what is happening to cattle families who are trying to maintain their way of life; and stated anyone who lives in the area will find the book interesting.

 

 

 

 

Bob Lay, Emergency Management Director, introduced two of the key members of the Mars Science Laboratory Mission Launch that will take place later in the year, and they are Steve Brisbin, Associate Director of Center Operations at KSC, and Randy Scott, KSC Radiation Protection Officer. 

 

Mr. Brisbin stated as the Board will recall, the Mission was planned to have been launched in 2009, but there were some delays; when delays last too long, the opportunity is missed to send a spacecraft to Mars; and the next opportunity is in November.  He advised members of the Jet Propulsion Laboratory will be at the Brevard County Fair next week to demonstrate a life-size rover and answering questions.  He stated the focus of the presentation today will be on the contingency planning for the mission and how NASA will be working with Mr. Lay and his staff; and noted he would like to return to the Board in the future to give a more detailed presentation.  He displayed an image of the newest rover that is planned to go to Mars in November, called Curiosity; the picture puts it in scale with the previous Mars Exploration Program Rovers; the last two, Spirit and Opportunity, launched in 2003; and there was an earlier one in 1996.  He advised Curiosity is the largest in the family of rovers; it is the most sophisticated scientific platform ever launched on a planetary mission for the Agency; and it has a lot of capability that has not been had before.  He stated the science goals of the mission are to explore and quantitatively assess a local region on Mars for its potential habitat for life, both past and present; NASA will look at the biological potential for the site for supporting life; and it will also look at organic compounds, geochemistry, water, atmospheric evolution, climate of Mars, and levels of radiation on Mars.  He stated the launch window is from November 25th to December 18th, 2011; Curiosity will launch on an Atlas V vehicle; the cruise to Mars will take almost nine months; an August, 2012 landing is anticipated; and in addition to the science goals, there are other innovative and advanced technologies being demonstrated, such as the entry and landing of the rover.  He advised Curiosity will guide itself into the atmosphere of Mars with a parachute; it will then use retro-rockets to slow down even further; and then there will be sky-crane that lowers the rover onto the surface of Mars.  He noted the mission is expected to last a minimum of 687 days, which is one Mars year; the rover gives NASA the opportunity to operate out of different latitudes on Mars, where there does not have to be a lot of sunlight; and there will be a much greater travel distance once the rover is on Mars.  He stated one of the reasons for using a nuclear power source for the mission is that it provides more power to the rover; it allows for greater travel distance than solar power; it allows NASA to explore greater latitudes that could not be done with solar power; and it allows NASA to operate during the cold Martian winter.  He stated NASA has been using nuclear power sources for over 40 years; there has been 26 launches of this type of power source over the last three decades; and the next one will be the Pluto New Horizons Mission, which is scheduled to orbit in 2015.  He advised an MMRTG (Multi Mission Radioisotope Thermalelectric Generator) generates electricity with no moving parts and can provide extra heat to keep spacecraft subsystems warm in cold environments; an MMRTG uses plutonium dioxide fuel as its long-lived heat source; and it is designed, built, and tested to contain its fuel in a wide range of accident conditions.  He stated there is a detailed safety assessment done for each nuclear launch; the probabilities of an accident are included in that analysis; the probability of a successful launch is 96.7 percent; chances of a launch accident are small and the chances of an accident with release are 10 times smaller; and it is unlikely that anyone would be exposed to nuclear material.  He advised NASA has assembled a multi-agency team to prepare for any accident; key partners include DOE, FEMA, EPA, Air Force, Coast Guard, the State of Florida, and Brevard County; trained environmental monitoring teams are capable of deployment to any area of potential release; and 30 advanced environmental monitoring stations are deployed prior to launch, which includes 19 offsite.   He stated NASA expects a safe and successful launch of the Curiosity mission to Mars; NASA employs a wide range of safety features to ensure a safe launch; accidents that could result in a release of nuclear material in the launch area could only occur in the earliest phases of launch, before the vehicle clears the Florida coastline; and no release would be expected from any launch accidents involving spacecraft impact in the ocean.  He advised is an accident with a release were to occur at or near the launch site, the greatest portion of any released material would be expected to remain onsite where it presents very low risk to the public; but in the unlikely event of an accident, public exposure to radiation, if any, is expected to be very small; and most people would not be exposed to any radiation. He summarized that NASA has an aggressive plan for public and press outreach relative to its plans for the MSL mission; NASA appreciates the Brevard County emergency planning and response partnership forged over many years of these types of missions; the planning efforts to date for the mission are the most thorough in the history of NASA's MMRTG use; and NASA appreciates the opportunity to bring the Board up to date on the MSL and stands ready to conduct more detailed briefings that the Board may request.

 

Mr. Lay stated Brevard County has a plan for these kinds of launches; it is part of the Comprehensive Emergency Management Plan; the EOC has an annex that deals specifically with space launches with major radiological sources onboard; and for each of these launches, a specific plan is developed for that launch.  He noted Kimberly Prosser has been participating in NASA's joint information center; and he encourages the citizens to visit the Curiosity vehicle model at the Brevard County Fair.

 

 

 

Commissioner Infantini read aloud a resolution proclaiming April 2011 as Child Abuse Prevention Month.

 

The Board adopted Resolution No. 11-059, proclaiming April 2011 as Child Abuse Prevention Month; and urged all residents to engage in activities of which the purpose is to strengthen families and communities to provide the optimal environment for healthy child development.

 

 

Helen Voltz accepted the Resolution on behalf of Brevard Family Partnership.  She advised she has been on the Board of Directors for over six years; the case managers do an outstanding job in going to those homes as soon as a child abuse call is made; and they have reduced child abuse in Brevard County.  

 

 

 

 

Howard Tipton, County Manager, advised Item V.C., Temporary Use Agreement, Re:  Florida Power & Light Company, needs to be withdrawn for today's public hearing; and staff will bring it back to the Board on April 5th. 

 

 

 

The Board continued consideration of a Temporary Use Agreement with Florida Power & Light Company and Zachary Industrial, Inc., contractor, to utilize a 9.022-acre vacant parcel zoned GU for the temporary placement of portable equipment, support material, and temporary parking to assist in the re-consideration of the Cape Canaveral Energy Center, to the April 5, 2011 meeting. 

 

 

 

 

Howard Tipton, County Manager, advised he represented the County Commission at the United Way Celebration Dinner last week; the United Way was celebrating that it met its goal of more than $6.8 million for the community; the County's campaign was co-chaired by Chief Larry Collins, and Parks and Recreation Director, Jack Masson, along with Jennifer Wyman, who also had an assist from Carrie Cotter; Brevard County is recognized as one of the 25 largest campaigns in Brevard County; and the County raised just over $101,000, which is tremendous, given everything the County has been going through in terms of impacts.  He noted Sheriff Jack Parker and his United Way team were recognized for their continuing commitment and innovation in growing their United Way campaign.  He mentioned that he is now the Chair for the 2011 campaign; efforts will begin earlier this year; and he is looking forward to another countywide success.

 

 

Chairman Fisher inquired if Scott Knox, County Attorney, could address some of the emails that have been going around about the Board's duties as far as the Clerk of Court, and what authority the Board may have over him. 

 

Attorney Knox advised the Board has had several constituents ask about the Board's ability to impact the Clerk's decision on outsourcing his employees; and the short answer to that question is that the Board does not have any authority to impact the Clerk on what he does with his employees, or what employees he uses to do his job.  He stated the only impact the Board has is during budget discussions, when it will have the opportunity to look over the Clerk's budget for the County Commission side of things that he does; and that is when the Board will see the Clerk's budget. 

 

Commissioner Nelson stated he would like to have a full discussion at the Board level because he is still not convinced; he still does not understand the numbers, as they are changing on a routine basis; and Frank Abbate, Human Resources Director, has sent a letter to the Board regarding the potential impact to the County insurance. He noted there is also confusion that the Board's portion of the Clerk's budget is small compared to his total budget; the court side is the biggest portion of that; the Board's side is a much smaller portion, but it has been thrown into that same mix; and a lot of people do not understand that the Clerk's revenues do not come from the Board, other than what it pays for three very specific functions.  He reiterated he would like to have an open discussion in a couple of weeks to bring all the pieces together. 

 

Commissioner Anderson stated one of the things mentioned by Commissioner Nelson previously was an audit; his initial response was that the Board already had independent auditors that do that; however, in a series of emails discussing not only the County's obligations as far as the Clerk to the Board and Finance, even inclusive of the State funding and shortfalls that may, or may not be there, he would like to put it all to rest for the Board and the public so that everyone is talking from the same sheet of music; the Board does not need to make a decision right now, but when it has the discussion, it may want to consider getting an independent forensic auditor to ask for the Public Records Request for the State side; the Board can get the numbers for the County side; and at that point everything can be presented to the public, ending the back and forth.  He stated the information needs to be put out as public information so that it can be done with, one way or another; and it may bring up a whole new discussion, but no one knows yet.

 

Mr. Tipton stated as part of the health insurance discussion with the Board, and the Clerk, staff is anticipating bringing that item to the Board in two weeks, at its April 5th meeting; and that may be a great time to have a comprehensive discussion. 

 

Chairman Fisher stated one of his concerns is that the justification of what the Clerk has done is that it is a pilot program; the definition of 'pilot' is something that is experimented with, and then it is looked at to see if it can be implemented; but the Clerk's plan has already been implemented; benefits have been taken away; and according to the newspaper, if he or she does well, then they can be promoted to a Level IV and possibly get their benefits back.  He noted it does not sound like Source 2 is a pilot project; it seems like a plan that has been implemented; and in his opinion, it creates another whole set of issues for everybody without going out for bid, or anything else. 

 

Commissioner Infantini stated she would like to make sure the County is receiving its reimbursement, or its fair share, of the services it is paying for, because some of the Board's funds are being allocated now between two different departments; if the Board is paying for a full person, then she wants to make sure it is receiving a full person; and she thinks that is the type of accounting the Board is entitled to.  She stated she does not know if the Board is entitled to conduct a forensic audit on a Constitutional Officer.  Commissioner Anderson inquired if Attorney Knox could look into that possibility; anybody can hire an auditor and ask for public records and review them; and even as a Board, he does not think there is anything prohibiting it from doing that.  Attorney Knox advised there is a statute that allows the County to investigate County Officers; and he believes an audit is mentioned in that statute; but he will look into it for the Board.

 

 

 

Commissioner Nelson advised last Wednesday he was in Tallahassee for Space Day; and there has been a difference in the past few years in the legislature and its understanding of space.  He stated when he first attended, about four years ago, he visited different offices and was ignored; but that has changed dramatically in the last four years; and this year, he was able to visit the legislators themselves, which is unusual.  He credited the space industry itself, which has done a great job working with the legislature; the legislators themselves have also done a great job; and Representatives Crisafulli and Workman have been aggressive at getting the message out.  He noted the Space Caucus is now the largest caucus in the legislature; over 60 members have signed up to be part of it; and it is certainly to the credit of the entire legislative delegation.  He stated when talking to the legislators, they were surprised at the depth of commitment by the State of Florida; in addition to continued funding of some of improvements in infrastructure at the Space Center, there is also some important legislation related to research and development tax credits, and job retention tax credits, which are moving through the House and Senate currently; and he is optimistic that there will be some legislation that gives incentives for the aerospace industry to continue to be strong in the State of Florida. 

 

 

 

Commissioner Infantini stated moving forward, one of the things she would like to see the Board do, is address travel to Washington, D.C., Tallahassee, Colorado Springs, or China; in the past, County Commissioners have traveled to different locations; and she would like to see a report from each of the Commissioners when they make travels because she is not sure the public is getting its dollar's worth.  She stated when the Commissioners take trips, they should be able to come back and explain exactly what was accomplished during the trip, what was achieved, and what they brought back to Brevard County to justify the expenditure. 

 

Commissioner Nelson inquired if the information he provided to the Board was sufficient for Commissioner Infantini.  Commissioner Infantini replied yes, it was.

 

 

Commissioner Bolin stated she attended the ribbon cutting at the Fireman's Union Hall.  She stated she also attended the opening of the Viera Hospital; it is a stunning facility; and she is looking forward to having the hospital serve the community. 

 

 

 

Commissioner Bolin stated she had the honor of visiting China with several people from the TDC (Tourism Development Council) and from FIT (Florida Institute of Technology), and other community leaders; the reason for the trip was to promote the Space Coast and the Kennedy Space Center as an educational vacation destination; and the Space Coast was also being promoted for investment and real estate businesses, and to promote FIT as a first rate educational facility.  She stated as far as the results of her trip, there have been two rezoning visits from China to date; the first group was a family looking to invest in real estate and in businesses in the County; and there was a group of seven who visited from the biggest medical center in China, and were given a tour of the new Viera Hospital, where they were stunned by the high technology.  She noted the groups from China have since contacted Brevard County to say they would like to come back to Brevard because of the clean air and beaches; and they would like to promote becoming a sister city with Brevard County.  She stated there has been a lot of interaction with FIT working closely with a university in China to discuss cooperation between the two schools; and FIT has also opened up Chinese as a second language.  She mentioned touring a private high school and colleges when she visited China.  She stated Visit Florida hosted a group of six Chinese media in January for a day at Kennedy Space Center, Cape Canaveral, and Cocoa Beach.  She noted the networking from the visit to China is tremendous; there have been more inquiries of more visits from China; and the tourism department in China is looking at doing their tours of United States in Washington, D.C., New York, and Brevard County. 

 

Howard Tipton, County Manager, advised in addition to the other ties that are being developed, Brevard County has received an invitation in January to partner with a municipality in China of 39 million people that does an annual horticultural exposition; and Brevard County has been invited to participate.  He stated Jim Fletcher, and his team at the Agriculture and Extension Offices, and the University of Florida, have identified a horticulturist who will be sent to China; Brevard County will design the exhibit, the Chinese will build it; and it will run from September through November of this year.  He noted China will pay for the expenses of the horticulturist.  He stated it is a tight time frame, but the County is looking forward to the opportunity to showcase Brevard and its horticulture capabilities and assets; and he is hopeful it will result in some further exploration of agricultural exchange and development. 

 

Chairman Fisher stated he was visited by John Thompson, who is working with some investors who are looking to start an assisted living facility; and a Chinese investor will be part of the funding for it.  He stated part of what the Board does is build relationships; sometimes the fruit of that effort is not seen right away, but it is seen over time; and building relationships is important.

 

 

 

Commissioner Anderson expressed appreciation to the Deseret Ranch, which had its annual rodeo benefiting the Boy Scouts of America; and it is a traditional cowboy rodeo, with real cowboys doing the real things they typically do throughout their duties on the ranch. 

 

 

 

Commissioner Anderson stated there is an issue in his District with St. Johns River Water Management District; specifically, the Police Foundation Park in West Melbourne; his staff is working diligently to try to rectify it, but there is a park that has been there for many years; and there is a pond in the park that used to be classified as a bathing pond.  He noted the pond is fed during the dry season by an artesian well; because it is no longer classified as a bathing pond because of bacteria levels and liability, the County is trying to permit it as a non-swimming pond; and SJRWMD is trying to shut down the permit to allow the County to feed water into the pond.  He stated he has talked to Jack Masson, Parks and Recreation Director, as well as Ernie Brown, Office of Natural Resources Management Director, and there may be a solution to the problem; there is a family of cranes that live in the park; but instead of worrying about flood control, SJRWMD is worrying about an artesian well feeding a pond infrequently during the dry season; and he hopes the Board will support him moving forward in his battle with SJRWMD.

 

 

 

Chairman Fisher asked Jon Sellers to tell the Board about the Sunny Award the IT Department received.

 

Jon Sellers, Information Technology Director, stated the Sunny Award is given out by an organization called, Editors of Sunshine Review, which is a non-profit based in Alexandria, Virginia; they reviewed over 6,000 municipal and local government websites in the country; and Brevard County is in the top 100 rankings.  He went on to say Editors of Sunshine Review gave Brevard County an A for its website; while he is the IT Director and his staff does a great job getting that information out on a regular basis, it is really up to the Commissioners and the County Manager's Office to insist that information gets out there; and the Board and County Manager's Office has done that over the years and done a great job, so he thinks it is really an award for the County executive management.

 

The Board recognized the Information Technology Department for winning the Sunny Award, which is presented by the Editors of Sunshine Review to honor the most transparent government websites in America.

 

 

 

County Manager Howard Tipton asked that Item III.C.2., Approval, Re:  At-Large Appointments/Reappointments, be deleted from the Consent Agenda.

 

 

 

The Board waived the language regarding legal venue for a recently awarded St. Johns River Water Management District, National Estuary Program, Grant Contract.

 

 

 

 

The Board executed Binding Development Plan Agreement with Timothy R. Carlile for a change in zoning classification from RR-1 to AU, on property located on the south side of Chase Hammock Road, approximately 0.69 mile east of Judson Road.

 

 

 

 

The Board granted final plat approval for Heritage Isle PUD, Phase 6, 1st Replat - Lennar Homes, LLC; and authorized the Chairman to sign the final plat.

 

 

 

 

The Board approved the proposed changes to the Local Planning Agency (LPA) and Planning and Zoning (P&Z) Board schedules to eliminate meetings in the months of June and December.

 

 

 

 

The Board authorized the Chairman to execute all Supplemental Type Agreements received from the Florida Department of Transportation (FDOT) for current Agreements that include adding the E-verify language being required by the FDOT; and adopted Resolution No. 11-060 associated with request.

 

 

 

 

The Board adopted Resolution Nos. 11-061 and 11-062; executed the Local Agency Program (LAP) Agreements with the Florida Department of Transportation (FDOT) for the construction of the Kings Park and Chain of Lakes Trailhead projects; and approved all Budget Change Requests associated with this action.

 

 

 

 

The Board adopted Resolution No. 11-063; approved the Landscape Maintenance Memorandum of Agreement (MOA) with the Florida Department of Transportation (FDOT); and approved the Assignment of Agreement with the East Coast Zoological Society of Florida, Inc. for the maintenance of landscaping that will be installed by the FDOT on the east side of Interstate 95 (I-95) south of Wickham Road.

 

 

 

 

The Board approved the Budget Change Requests as submitted.

 

 

 

 

The Board granted permission to award Bid No. B-3-11-45 to William Turnbaugh Construction for the Kings Highway Pedway Project; and authorized the Chairman to execute the Contract.

 

 

 

 

The Board authorized negotiation, award, and execution of Contract for Request for Proposal (RFP) No. P-4-11-06 for the purchase and implementation of a CAD Database Analysis Software Program for Brevard County Fire Rescue.

 

 

 

 

The Board executed a Reimbursement Agreement with Boozer Properties, LLC to accept payment for a portion of repairs performed by the County to leased property at 2275 South Babcock Street, Melbourne.

 

 

 

 

The Board accepted the award of $600,720 from Federal Emergency Management Agency (FEMA) Assistance to Firefighters Grant (AFG) for the installation of a diesel exhaust extraction system in Brevard County Fire Stations to limit the carcinogenic effects of exposure to diesel exhaust to Brevard County Fire Rescue firefighters, and for the purchase of a live fire flashover simulation unit for training; and approved budget changes necessary to establish these projects be approved by the County Manager.

 

 

 

 

The Board approved Agreement with CFL Housing Corp. and National Veterans Homeless Support, Inc. to provide affordable rental housing to homeless Veterans; and authorized the County Manager to execute the Agreement, any subsequent modifications, and amendments contingent upon review and approval by the County Attorney and Risk Management.                         

 

 

 

 

The Board authorized the Chairman to execute Agreement with the Housing Authority of the City of Titusville, Inc., in an amount up to $270,600 in Community Development Block Grant (CDBG) Tropical Storm Fay Disaster Recovery Program Funds; and authorized the Chairman to execute subsequent modifications and amendments to the Agreement upon review and approval by the County Attorney and Risk Management.

 

 

 

 

The Board adopted Resolution No. 11-064, authorizing the transfer of County property as Waterline Utility Easement to the City of West Melbourne; and executed Waterline Utility Easement with City of West Melbourne for the construction, operation, and maintenance of the utility services for the "New" Max K. Rodes Park.

 

 

 

 

The Board approved and authorized the Chairman to execute the Agreement with Space Coast Center for Independent Living for transportation services in Brevard County.

 

 

 

 

The Board authorized the purchase of equipment for the K-9 Unit, in the amount of $117,303, using Florida Contraband Forfeiture funds in the accordance with Florida Statutes 932.7055(5); and authorized any necessary budget amendments.

 

 

 

 

The Board acknowledged appointments/reappointments of Giles Malone to the EELS Recreation and Education Committee, with term expiring December 31, 2011; Leesa Souta to the Environmentally Endangered Lands Procedure Committee, with term expiring December 31, 2011; Bruce Moia to the Flood Hazard Areas/Wetlands Working Group, with term expiring December 31, 2011; and Ron Rincones to the Marine Advisory Council, with term expiring December 31, 2011.

 

 

 

 

The Board approved the Billfolder as submitted.

 

 

 

 

Ron Cook stated he knows that Board cannot get too involved in what he is about to talk about, as Clerk of Court, Mitch Needelman, is a Constitutional Officer, and the Board's hands are a little bit tied.  He stated he would like to talk about a couple of issues that have been troubling him; some of the Commissioners may recognize him, as he works for the Sheriff's Office, but he is not present on behalf of the Sheriff's Office, and he is not representing the Sheriff's Office; but he is representing himself, as a taxpayer; and the Board, as well as the audience members, are taxpayers also.  He stated he is concerned about the integrity of the Clerk's Office and how money is being spent; he knows Mr. Needelman has a vast variety of ways of how he can spend his money; but he is concerned about where the Clerk's Office will be in the next few months, or maybe the next couple of years, with lawsuits and everything else.  He advised he knows Mr. Needelman has hired two private council for in-house; he did something behind the Board's back, the citizens' back, the taxpayers' back, and the judges' back; and that was to discuss the matter for five months.  He stated what Mr. Needelman did by discussing how he was going to outsource the employees was a sneak-attack on the Commissioners; Mr. Needelman also hired a firm out of Jacksonville for five months, paid out of his budget; and now that there are pending lawsuits and an injunction, he has hired another law firm out of Orlando, which he is now going to have to represent also.  He stated it is all money that is going to be spent that the taxpayers, the insurance companies, and the employees will have to spend doing records requests, with employees being taken away from their own jobs, to fulfill Mr. Needelman's defense.  He recalled when Sheriff Miller was sued by his employees many years ago; the employees sued the Sheriff's Office for back wages, and for not doing the right thing; he was part of the lawsuit, and he was on the defense of it because he helped represent the agency; the lawsuit split the agency apart; the public outcry was bad; the Sheriff's Office had bad write-ups in the newspaper often; and he had calls from other Sheriff's Offices in the state, and nationwide, that asked what was going on, and how it could be defended.  He noted the lawsuit did not make Brevard County look good at all; he advised Sheriff Miller to pay the employees because it was the right thing to do; and the Sheriff's Office ended up settling for a lot of money, but it was the attorneys who won.

 

Mr. Cook stated when Mr. Needelman came into office, he said he was not going to make any major changes for the first year; stated Mr. Needelman said he was not going to fire anybody, but within the first two weeks he fired 22 people; and he believes Source 2 is a major change.  He stated Mr. Needelman terminated the people who now are with Source 2; now he is saying he only transferred those employees; but when someone is transferred, they keep all their benefits.  He noted one of the employees is his wife; she was terminated on a Wednesday; two days later she was told she had to file all her paperwork to be rehired again with absolutely no benefits; and stated her sick leave is gone, her FRS retirement is gone, and she is going to maintain her same pay, but her deferred comp is gone.  He stated he heard the Commissioners talk about a possible audit; he would like the Board to do an audit; there is a benefit to somebody, but it is not to the taxpayers; and it is not to the employees of the Clerk's Office.

 

 

 

Chairman Fisher advised he has a letter to Senator Haridopolos that he sent to the Board beforehand, regarding legislation looking at a new renewable energy policy; he serves on the EDC Board and the EDC is encouraging the State to come up with an energy policy; and he requested the Board allow him to send the letter to Senator Haridopolos.

 

The Board authorized the Chairman to send a letter to Senate President Mike Haridopolos seeking passage of legislation this session regarding a renewable energy policy.

 

 

 

 

Nancy Jackson stated she and her husband live 1.2 mile from Knight Armament, which does daily testing of large and small weapons, Monday through Friday, and occasionally on Saturdays; and it is not very peaceful living.  She stated they built their home six years ago, which is located next to a wildlife preserve; she and her husband worked very hard to have such a house, which they have named, Our Sanctuary; but they do not have any peace anymore.  She stated their lives are filled with gunfire all day long, as it was yesterday; there is not any peace to be had indoors as well due to the caliber of some of the weapons; it is like living in a war zone; and she does not think anybody would enjoy that at all.  She noted not only does the gunfire cause loss of peace in families in the community, it also lowers home values that have already taken an incredible hit; people do not want to live in the area; and there is a house for sale that is exactly like hers, and it had a bid of $137,000, but it was refused because of the gunfire.  She stated the testing of the gunfire has increased in the last six to eight months; she has called the County Code Enforcement Department who sent someone out with equipment; and the Code Enforcement Officer agreed that if the noise was on a continuing basis, it would really be annoying.  She stated she thinks Knight Armament has grown and accelerated, because after living there for six years, she would have heard it before now; and she would like the Board to do a review, as it approved the business of weapons in the County; but unfortunately, the people in Titusville are suffering the consequences.  She advised she was not aware of the business when she moved into her home six years ago; she was never bothered by it until six or eight months ago; and now it is a constant daily problem.  She stated she and her husband have another property in Plantation Oaks, nearer to the river; when waiting for a workman to come, she has heard gunshots there as well; and she thinks a business like that is inappropriate to have near schools and  subdivisions. 

 

 

 

Helen Voltz stated she was disappointed at the last Board meeting in that it sent a letter to the State indicating that it would support Light Rail if it went from Orlando to Port Canaveral; and the other criteria what that no tax dollars be spent on Light Rail.  She stated money to fund the Rail would have been from the federal government, and it was tax dollars; and she is disappointed that the Board sent the letter.

 

 

 

Chairman Fisher called for the public hearing to consider an ordinance amending the Wetlands Protection Ordinance.

 

Ernie Brown, Office of Natural Resources Management Director, advised before the Board is the culmination of a very long process as it relates to modifying the Comprehensive Plan for wetlands in Brevard County; it was a two and a half, to three-year process to modify the Comprehensive Plan; and staff worked with The Viera Company to ensure that the new forms of development, such as Viera West, could actually be implemented under the Comprehensive Plan. 

 

Commissioner Fisher sought clarification that the proposed ordinance is not related to the Flood Hazard Working Group.  Mr. Brown advised no, the Working Group is getting ready to have its second meeting at the end of next week.

 

 

There being no further discussion, the Board adopted Ordinance No. 11-12, amending Chapter 62, Article X, Division 4, Code of Ordinances of Brevard County, Florida, relating to wetland protection, specifically amending Sections 62-3694, Permitted Uses, and 62-3695, Prohibitions; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed and an effective date. 

 

 

 

 

Chairman Fisher called for the public hearing to consider an ordinance adopting Code revisions to Chapter 62, Article VIII, Section 62-3206(d)(2)t, Marina Parking Requirement, and Chapter 62, Article X, Section 62-3661, Definitions.

 

Robin Sobrino, Planning and Development Director, advised the proposed ordinance is a collaborative effort between Natural Resources and Planning and Development; it is related to some recommendations from the Marine Advisory Council, who asked staff to re-look at the County's marina parking requirements, which are located in the Land Development Regulations; and accordingly, staff has come up with some revised standards for the various types of slips, to have different parking ratios for them.  She noted currently, the Code has a flat, one parking space per two slips; staff has come up with a variety of different requirements that have been endorsed by the Brevard Marine Advisory Council, the Local Planning Agency, and the Building Construction Advisory Council. 

 

There being no further discussion, the Board adopted Ordinance No. 11-13, amending Chapter 62, Article VIII, Site Plans, and Article X, Definitions, of the Land Development Code of Brevard County, Florida, for the purpose of revising related Code language, specifically amending Section 62-3206(d)(2)t, amending traffic parking and loading requirements for marinas; Section 62-3661, amending definitions of boat slips; providing for conflicting provisions; providing for severability and providing for effective date.

 

 

 

 

Chairman Fisher called for the Amendment to Section 102-184, Economic Development Tax Exemption for businesses located within a Brownfield Area.

 

Stockton Whitten, Assistant County Manager, advised the item is an amendment to the Ordinance for the Tax Abatement Program, expanding the definition of an eligible business for tax abatements to include businesses located within a Brownfield Area; and there is an additional request for permission to amend the DRS Sensors & Targeting Systems Tax Abatement Ordinance, and to bring it back to the Board, as they are located with in Brownfield Area and would like to be qualified under that section.

 

There being no further discussion, the Board adopted Ordinance No. 11-14, amending Section 102-184 of the Code of Ordinances of Brevard County, Florida; providing for the granting of an Economic Development Tax Exemption for businesses located within a Brownfield Area; providing for severability; and providing for an effective date. 

 

 

 

 

Mel Scott, Assistant County Manager, advised as a result of courtesy notice issues staff has been made aware of, of not sending them to the taxing authorities, the requested action of the Board will be modified slightly; and staff proposes to bring the Finding of Necessity issue back to the Board of County Commissioners at a future date, coupled with an ordinance, which will be prepared and will seek to convey the authority for the City at a future date to proceed with a Community Redevelopment Agency over properties that essentially are the U.S. 192 corridor into the City of West Melbourne; Wickham Road, proceeding north as it intersects with Ellis Road; Ellis Road proceeding to I-95; and John Rodes Boulevard between Ellis Road and U.S. 192.  He stated the action before the Board is to consider adopting the Finding of Necessity that the City of West Melbourne has prepared; and the Finding of Necessity, in its most basic concept, has determined that these corridors would qualify for a future potential Community Redevelopment Agency, in that the development patterns are underutilized per what they could be developed to be, had they had adequate infrastructure such as sewer connection abilities along U.S. 192.  He stated the U.S. 192 area illustrates the point best in that there is building stock and infrastructure that, because it does not have a central sewer system, there are residential homes that were constructed in the 1960's that are now not able to fully realize the commercial and/or industrial potential that they might have were they given the opportunity to connect to those central services; and that is one of the infrastructure investments that a CRA might be able to fund in the future, should it be approved by the Board at a future date.  He advised staff has determined that the County could find the Finding of Necessity analysis that the City of West Melbourne has performed for not only its incorporated areas that are proposed within the CRA, but also for the 25 percent of those parcels that are in the unincorporated portions of the County, that those Findings of Necessity would be adequate in the Board's view, based on the City of West Melbourne's research; and those criteria are included in the package.

 

Scott Morgan, City of West Melbourne, expressed appreciation to the Board to propose a partnership with it; the City is supportive of the Board's staff recommendation; and he looks forward to the opportunity to work together in this key corridor.  He stated he knows jobs and economic development are very important to the community right now, and it provides the City jointly with a tool that will help address that; and the City supports the staff recommendation before the Board.

 

Julie Braga, stated she represents the West Melbourne Business Association (WMBA), which is a group of business owners and operators in the City of West Melbourne; and she would like to present the WMBA's resolution of the Board of Directors supporting the City of West Melbourne's Resolution No. 11-08.  She noted the West Melbourne Business Association voted unanimously to support the City of West Melbourne and the areas eligible for designation as the Community Redevelopment Area; and the WMBA believes the areas, especially the U.S. 192 corridor, will be a major enhancement to the economic vitality of the community.

 

Commissioner Anderson noted the Board received the letter from the Melbourne Regional Chamber of Commerce.

 

Chairman Fisher stated the only thing he had requested was that the cost of administration and the cost of implementing the plan, if the Board decides to go forward, that West Melbourne bear the cost, and not the Board of County Commissioners. 

 

Commissioner Nelson stated working on the gateways in the communities, sometimes it is forgotten that those are how people get to the County's tourism industry, which is also a big player, and he appreciates West Melbourne for its effort to work with those gateways into the communities.

 

The Board approved the Finding of Necessity prepared by the City of West Melbourne; and directed staff to bring back to the Board a resolution, coupled with an ordinance, accepting the Finding of Necessity (FON) for the unincorporated areas encompassing non-residential properties along New Haven Avenue, Wickham Road, Ellis Road, and John Rodes Boulevard, to a future Board meeting.

 

 

Chairman Fisher inquired when the Finding of Necessity will come back to the Board; with Mr. Scott responding staff will strive for 30 days, as it is a very unique relationship between the City and the County, and staff wants to be sure it is right.

 

 

 

 

Ian Golden, Housing and Human Services Director, stated Brevard County acts as the lead agency of the local Continuum of Care Coalition, which put out an RFP and made a request for agencies to solicit grant funds from the Homeless Housing Assistance Grant, which is a State Grant Program; the agency that was put forward as a group was the Center for Drug Free Living for an expansion of the Operation Homefront Program; and it was a request for $420,000 from that State fund.  He noted it is being coupled with a little over $1 million from the Department of Veteran Affairs and some local funding that the agency has to create a 28-bed residential facility for veteran women, and veteran women with children; and it is a transitional facility that will be providing a lot of support and wrap-around services.

 

Chairman Fisher stated his only concern, which he has expressed to the developer building the facility, is that he would like to see a local contractor possibly get the work; the contractor on this particular job is out of Ft. Myers; but there will be some local sub-contractors; and he thinks if the Board is going to be donating $420,000, then that work needs to go to a Brevard County contractor. 

 

The Board authorized the Chairman to execute a Grant Agreement with Florida Department of Children and Families to receive Homeless Housing Assistance Grant Funds, upon approval of the County Attorney and Risk Management; and authorized the Chairman to execute future amendments and modifications, contingent upon County Attorney and Risk Management approval.

 

 

 

 

Ian Golden, Housing and Human Services Director, displayed a PowerPoint presentation for the Board, explaining the Hardest Hit Fund.  He stated the funding for the Hardest Hit Fund was allocated under the Emergency Economic Stabilization Act of 2008; it was allocated because of the excessive housing market appreciation across the country; Florida Housing Finance Corporation was the recipient of Florida  funds; and they were directed by the U.S. Treasury to create and administer programs that addressed the unique nature of the issues in Florida.  He stated the Florida Housing Finance Corporation was also directed to expend funds targeted for unemployment programs; Florida received the second highest allocation across the nation; and the only state to receive more was California, which received $1.9 billion, whereas Florida received a little over $1 billion.  He advised the Florida Housing Finance Corporation developed two programs under Hardest Hit; one was Unemployment Assistance Program (UMAP), which provides up to 18 months of payments to a mortgage lender; the second program is Mortgage Loan Reinstatement Payment (MLRP), which provides assistance to bring a delinquent mortgage current; and Brevard County is eligible for approximately $9.2 million in assistance.  He further explained that UMAP provides monthly first mortgage payments, up to 18 months of payments, or a maximum of $35,000, and assistance for unemployed or underemployed homeowners; and the MLRP pays past due payments for homeowners able to resume monthly payments, up to a maximum of $3,000, and assistance for homeowners recovering from unemployment or underemployment hardship.  He stated the program is for homeowners who are up to 140 percent of the area median income; for a family of four, that is approximately $88,000; eligibility is determined at the time of the application; housing debt is compared to monthly income; and the debt has to exceed the income.  He stated additionally, applicants must be a Florida resident occupying properties as primary residences; must have suffered an approved hardship that makes the first mortgage unaffordable; and must not have more than $5,000 in assets, or three times than the current monthly mortgage payment.  He stated the process itself begins online; the applicant would fill out the online application; the application is referred to an advisor; and the advisor contacts the homeowner to verify eligibility and collect supporting documentation.  He stated as part of the application process, the Housing and Human Services Department will analyze the data and hardship information and other documentation; and for the UMET Program, the Housing and Human Services Department has to re-certify eligibility on a monthly basis.  He noted any assistance given under the program is secured by a lien upon the property; it become subordinate to all mortgages on the property, and it will be for $35,000; Housing and Human Services facilitates the closing; and the Florida Housing Finance Corporation records the lien documents.  He stated it is anticipated that the program can begin in April or May; the State has said Housing and Human Services is not allowed to market the program; the marketing will be done from the State level; but staff has had discussions with the Workforce Development Board, who knows to look for it. 

 

Commissioner Bolin's absence was noted at this time.

 

The Board authorized the Chairman to execute the Contract with Florida Housing Finance Corporation (FHFC) for Advisor Services for programs administered under the Unemployment Mortgage Assistance Program (UMAP) and Mortgage Loan Reinstatement Payment Program (MLRP), upon review and approval of the County Attorney and Risk Management; and authorized the Chairman to execute any future amendments and modifications, contingent upon approval by the County Attorney and Risk Management.

 

 

 

 

Commissioner Bolin's presence was noted at this time

 

Ian Golden, Housing and Human Services Director, recalled at the last meeting, staff had to bring back to the Board the NSP3 (Neighborhood Stabilization Program 3) application to the United States Department of Housing and Urban Development (HUD), for some quick changes to the application; and HUD has approved the application, and has sent back the actual agreement for the NSP3 Program.  He noted HUD needs the Agreement back by March 28th; and it is just an agreement to move forward with what is in the application.

 

The Board executed an Agreement with the United States Department of Housing and Urban Development for Neighborhood Stabilization Program 3 (NSP3) funds; and authorized the Chairman to execute any future amendments or modifications, contingent upon approval of Risk Management and the County Attorney. 

 

 

 

 

Scott Knox, County Attorney, stated the County has an offer on the RKT Constructors, Inc. case for $1 million; the County already has a $1.285 million judgment against RKT and its surety company; there are still outstanding attorneys fees and expert witness fees amounting to another $750,000 that the judge is going to be requested to grant today at 2:15 p.m.; and it is his recommendation, and the recommendation of outside counsel, that the Board reject the $1 million offer, and pursue the additional amounts. 

 

Commissioner Infantini inquired what will happen if the judge does not grant the attorneys and expert witness fees.  Attorney Knox replied the judge has already indicated he will award attorneys fees; and it is just a matter of how much.  Commissioner Infantini stated one of the items before the Board is the fact that rather than having one outside attorney, the law firm is basically in Atlanta, Georgia; and they have been traveling to Florida.  Attorney Knox stated the law firm does have an office in Atlanta, as well as Tampa, and they go back and forth.  Commissioner Infantini stated one of the issues before the Board is to say whether or not it would approve using more than one lawyer at a time from that law firm; at a rate of $250 per hour it is kind of expensive to have two and three attorneys traveling to Florida to handle the case; and at this point, their fees are over 50 percent of the whole settlement.  She stated she is concerned as to how much the Board is going to receive and the cost to do so, and why the Board is not using inside council; and to be paying $526,000, she could have hired two attorneys full-time to do this, rather than part-time. 

 

Attorney Knox stated it is a decision that was made by a prior County Commission; the area of construction law is an area of specialty, which Mr. Mills is very familiar with; Mr. Mills has handled cases like RKT before, and has been successful; in this case, Mr. Mills received a $1.285 million judgment; and he thinks the results speak for themselves.  He noted the judge has indicated his intent to award attorneys fees and costs, which are going to be close to what the County has asked for; the existing judgment is already secured in the sense that the defendants have had to post bond in the appellant court in order to pay the judgment in the event that they lose the case; and the chances of RKT winning the case are not very good, based upon the arguments he has heard.

 

Commissioner Infantini inquired how much the bond was that was posted; and stated she thought it was $1.4 million.  Attorney Knox stated he believes that is correct.  Commissioner Infantini stated half of $1.4 million is $700,000, which would be going to the attorneys fees and expert witnesses if the Board does not receive any other judgment.  Attorney Knox clarified the County does not have the judgment for the attorneys fees and costs yet; once that happens, there will be an effort to collect that; and the last time the County tried to collect it, RKT posted the bond.  He stated it is expected that RKT will post another bond for the amount of the attorneys fees and costs; and the total judgment will be recovered on appeal. 

 

Chairman Fisher inquired what the County will end up netting out to be able to solve the problem.  Attorney Knox responded if the County wins the lawsuit outright, all the way through appeal, for which there is a good chance the County will prevail, the Board will get a $2 million judgment, which will take care of the attorneys fees and costs, and the cost to repair the project.  Commissioner Infantini inquired what would happen if the County does not get the $2 million judgment.  Attorney Knox replied if the County does not get the $2 million judgment, then it will not get some portion of it, or the Board may have to modify the repair on the project.  Chairman Fisher stated he is sure attorneys fees can be adjusted.  Attorney Knox stated the judge may say that the attorneys fees should not be what RKT has asked for, and reduce them somewhat.

 

Commissioner Infantini inquired if the attorney would be bound to accept those attorneys fees that are awarded, or is the Board bound to reimburse for the attorneys fees that have been submitted.  Attorney Knox stated he will discuss that with the attorney as the case moves along, but he thinks the County has paid those attorneys fees already.

 

Howard Tipton, County Manager, stated it is a very high probability that the offer of settlement before the Board is not a good business decision; and that is really what the Board is being asked to work on today. 

 

Commissioner Anderson stated at the end of the day, there is a firm that took advantage of the taxpayers of Brevard County, that did substandard work, and now wants the County residents to pay for it again through no fault of the residents.

 

The Board rejected a $1 million offer to settle the Brevard County v. RKT case; and reaffirmed the original intent to authorize more than one attorney in the Mills, Paskert Law Firm to appear from time to time at hearings, depositions, and other proceedings in the case, when most efficient.

 

 

 

 

Commissioner Nelson stated over the course of time, the Board has run into a variety of issues related to the County's Ordinance, specifically in the upgrading of specific sites; originally, it was put together to consolidate the Change of Use processes into one; but it has never lived up to that expectation for a variety of reasons, such as certain things being taken out; and now it has become an extra step in the process.  He stated by eliminating Section 62-3208, all the conditions for Change of Use will still exist in the other Codes and Ordinances in different locations; but there are some issues staff needs to look at in terms of parking.  He stated one of the things that happens is during a Change of Use, the original use comes in, and it may be a strip center with five low-intensity stores, and then there are suddenly restaurants in every store; and then the parking requirements exceed ability.  He stated staff needs to look at the issue of parking as it relates to those uses; but it is an incremental improvement in terms of getting rid of some of the duplication that currently goes on; and he would like to move ahead with repealing that portion of the Ordinance listed in the recommendation.

 

Chairman Fisher inquired if some people will be grandfathered-in.  Commissioner Nelson replied it will not create any new problems, or change any of the existing; but it puts them back into the various component pieces where they exist; and problems like parking can be addressed as an individual issue.  He noted it does away with duplication, as opposed to creating duplication; and it does not take away anyone's current rights.

 

Commissioner Anderson clarified that Commissioner Nelson is only asking for permission to advertise; he wants to make sure that in all instances the Board is protecting the property owners' rights to do what they need to do for the highest and best use of their property; and that is what he will be looking for when staff brings back a final version; but any impediment to that, he will not support.

 

Commissioner Infantini stated it looks like certain benefits are being removed; right now, new occupants have 180 days to try to grandfather-in to the existing establishment as long as there has been an active business license; and what the proposed ordinance would be getting rid of is the 180-day turnaround; instead of improving chances for businesses to get in and turn around quickly, they will have to go through all the hoops; and the proposed ordinance will remove some of the hoops that they would otherwise have to jump through.  She stated she is not in favor of approving the request for a public hearing because it is not less restrictive. 

 

Robin Sobrino, Planning and Development Director, advised one of the triggers currently in the Code for a Change of Use is evaluating whether a unit, or storefront, has been vacant for 180 days; if it has been vacant for 180 days, it goes through the Change of Use process; staff is finding that the 180 days does not necessarily bring any value to the table, especially in these economic times, when it is conceivable for a brand new building to remain unoccupied in excess of 180 days; and there is no purpose to bring that property back in for further review just because it has been vacant for 180 days.  She stated staff believes the 180 days is arbitrary and is actually an obstacle in the process.  She advised one of the three things staff is looking to accomplish through the proposal is to re-evaluate the Change of Use; since 2006, there are new Building Code requirements that any change in occupancy of a building automatically gets reviewed for all kinds of fire, life, safety issues; those mechanisms were not in place at the time the Change of Use Ordinance was drafted; and staff finds that the Change of Use Ordinance has become redundant of a process that is in place through the Building Code review.  She stated secondly, staff would like to look at having the ability to streamline the Site Plan Review Ordinance because right now there are major site plans, and then minor site plans; the minor site plan review process is not that much more streamlined than the major site plans; and staff is looking to come up with a minor, minor site plan process for projects less than 1,000 square feet.  She stated thirdly, as evidenced by the fact that staff revisited the marina parking requirements today, the parking Codes are not keeping pace with the industry needs in many cases; staff would like the ability to collapse what there is currently; there are 40 different line items of parking requirements; and staff would like to collapse them into categories to make them more meaningful and streamlined so that people know what they want to do much more easily than having to go through a list of 40 items before they figure out which one applies to them.  She stated staff also finds in many circumstances, such as the restaurant requirement, that the Code looks at seating; there could be a gymnasium sized dining room, but if there are only 20 parking spaces, the restaurant owner may say they are only going to put in six tables in a gymnasium sized facility in order to just be able to back into the existing parking onsite; and it has resulted in problems with neighbors who say people are parking on their properties, along with complaints from citizens who say they feel there is a hazard on the roadways because people are parking in the road right-of-ways.  She stated staff would like to bring the Code into alignment with a number of other codes in other major counties where they base parking square footage of the patron area; and that way, it is a fixed number rather than how many chairs can fit into an establishment.  She stated lastly, staff would like to have the opportunity to look at the Site Plan Code for any other cleanup to make it more streamlined so staff can fulfill all of the expectations of the EDC, which is really trying to streamline the processes.

 

Commissioner Infantini stated as far as the fire, life, and safety Codes, those, per the existing Code as it stands, will already be re-evaluated when a new tenant takes over within 180 days; the biggest advantage to keeping the existing Ordinance, is if somebody takes occupancy within the 180 days after somebody else had a business license, they do not have to submit any new site plan; by taking it off the books, the Board will be requiring people to submit a whole new site plan; and she contends that it is not less restrictive.  She inquired how many times Commissioner Nelson has asked for something that was less restrictive; stated it is in the best interest by how he perceives things to operate; but from her business standpoint, when that Section is taken off the books, she cannot wait until real estate agents see it because it is going to make it that much more difficult to rent and get occupancy; and not having to submit a new site plan promotes business turnaround.

 

Ms. Sobrino stated the 180 days is one of two triggers to look at a Change of Use; staff finds that it does not have any relevance in terms of ensuring that a site is ready to accept a use; staff feels that by eliminated Section 62-3208, what is actually being accomplished is elimination of redundancy because there is a process in place that when someone comes in to apply for a Business Tax Receipt and staff sees that it will be a Change of Use, it will be pulled in by way of the Building Code review to ensure that it the structure is ready to accept the occupancy when going from one type of use to another; and the 180 days is not relevant to that.

 

Commissioner Nelson stated he has brought more items to the Board to ease regulations than any other member of the Board; but the fact that Commissioner Infantini does not want to recognize that is her right.  He stated the key is that what the Board is trying to do is work with staff who have been frustrated by a bad section of Code; there is the ability to make it more user friendly to the community; and there may be some bumps in there that can be looked at.  He mentioned a circumstance in his District in which there was a very large Conditional Use Permit property, and the owner ended up having to literally nail down the chairs because of the limitations based on the parking requirements; those kinds of issues do not make sense; what staff is doing is a cleanup of that; and he would like to ask each of the Commissioners to take a look at it and share it with the business community to make sure that is what is being accomplished, because that is the intent.  He stated it is beneficial and it will cleanup the Code.

 

Commissioner Anderson stated he is in support of streamlining things; he is the most frustrated by the Code of Ordinances; he understand where Commissioner Infantini is coming from, but this is an intent to hear; and he is all about public input; however, if Commissioner Nelson would agree, he would like notification sent out to the Board of Realtors, and the other realtor groups, the EDC, and all of the Chambers, and inform them that the Board wants their input. 

 

The Board approved legislative intent and permission to advertise amendments to Chapter 62, Article VIII, Site Plans, as related to the elimination of Section 62-3208, Upgrade of Developed Sites for a Change of Use; and directed staff to review and amend onsite parking and loading requirements, and streamline the process.

 

 

 

 

Upon consensus of the Board, the meeting was adjourned at 11:09 a.m.

 

 

 

ATTEST:                                                                                                                                

                                                                        ROBIN L. FISHER, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _______                      BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK