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

 

 

The Board observed a moment of silence in memory of Brevard County Deputy Sheriff Barbara Pill.

 

The invocation was given by Pastor Daniel Barton, Sr., Bowe Gardens Baptist Church, Melbourne.

 

 

 

Commissioner Fisher led the assembly in the Pledge of Allegiance.

 

 

 

 

 

 

Chairman Nelson read aloud, and the Board adopted, Resolution No. 12-051, recognizing March 1, 2012, as Florida Surveyors and Mappers Week in Brevard County, and recognized the many contributions and the ongoing dedication of the present day surveyors and mappers to the citizens of Brevard County.

 

 

 

Commissioner Bolin read aloud, and the Board adopted, Resolution No. 12-052, recognizing Gary Hanlin for his outstanding work and contributions to Brevard County and the Board of County Commissioners during his tenure on the Brevard Marine Advisory Council, and wished him success in all of his future endeavors.

 

 

 

Commissioner Bolin read aloud, and the Board adopted, Resolution No. 12-053, recognizing Staff Sergeant Russ Marek as a living hero, and thanked him for his service to the United States.

 

 

 

 

Commissioner Fisher read aloud, and the Board adopted, Resolution No. 12-054, supporting all efforts to eradicate worldwide human trafficking.

 

 

 

 

Commissioner Infantini read aloud, and the Board adopted, Resolution No. 12-055, proclaiming April 2012 as Child Abuse Prevention Month, and urged all residents to engage in activities whose purposes is to strengthen families and communities to provide the optimal environment for healthy child development.

 

 

 

The Board adopted Resolution No. 12-056, urging Governor Rick Scott to veto HB 5301, also known as the Medicaid Conforming Bill, and would result in additional costs to Brevard County.

 

 

 

 

The Board acknowledged the presentation of the U.S. Coast Guard Certificate of Valor to Michael Badarack for his heroic action on November 5, 2010.

 

 

 

Howard Tipton, County Manager, welcomed Don Walker as the Interim Communications/SCGTV Program Director, and noted Mr. Walker comes to Brevard County with 25 years of experience, most recently with Florida TODAY. 

 

 

 

Commissioner Fisher mentioned he will be traveling to Washington, D.C. this year with the EDC on behalf of the space program.

 

He noted there was an event in Titusville last week called, Balancing Nature and Commerce, and it was a workshop featuring speakers from around the country; and it was a well-attended event which garnered many good ideas for North Brevard.  Chairman Nelson pointed out that the event also was about how a community can be beautiful and have a vibrant economy.

 

Commissioner further mentioned that Laurilee Thompson is currently in Washington D.C. lobbying for the commercial fishing industry.

 

 

 

Commissioner Bolin Lewis informed the Board that Brevard County has lost one of its oldest residents, Mr. Gilbert Tucker, who passed away at age 94. 

 

 

 

Chairman Nelson stated the final ribbon cutting at Kings Park Trail has taken place; it is a two-mile trail from Chase Hammock to Hall Road on Merritt Island; and the project was finished a year ahead of schedule. 

 

 

 

Chairman Nelson pulled Items III.B.4., Board Consideration, Re:  Request for Reduction of Fine and Release of Code Enforcement Lien for Aurora Pines, LLC, 4090 Aurora Road, Melbourne; and III.B.5., Board Consideration, Re:  Request for Reduction of Fine and Release of Code Enforcement Lien for Aurora Pines, LLC, 4100 Aurora Road, Melbourne, for discussion.

 

 

The Board considered Legislative Intent and authorized staff to proceed with drafting ordinance language revisions that allow the collection of stormwater utility assessments from federally owned lands.

 

 

 

The Board executed a Binding Development Plan with Temple Beth Sholom, Inc., for property located on the east side of N. Wickham Road, approximately 546 feet north of Pine Branch Road.

 

 

 

 

The Board approved the new Local Agency Program (LAP) Agreement with Florida Department of Transportation (FDOT); adopted Resolution No. 12-057 for right-of-way acquisition or mitigation credit purchases for the St. Johns Heritage Parkway; approved all Budget Change Requests needed for this action; and granted permission to bid and award the bid to the lowest responsive bidder for the mitigation credits purchases.

 

 

 

The Board executed and accepted the Subordination of Utility Interest from Florida Power & Light for the Temporary Construction Easement previously obtained on November 1, 2011 for the Lake Drive Drainage Improvements Project located in Township 24, Range 35, Section 25.  The project is an approved Capital Improvements Project (CIP) for the Natural Resources Management Office.

 

 

 

The Board executed a Contract for Sale and Purchase with Ralph Seifert, Trustee, for a partial acquisition (Fee Simple, Parcel #102) of the appraised value in the amount of $7,200; executed a Contract for Sale and Purchase with Addendum to Contract with Ralph Seifert, Trustee, of Temporary Construction Easements of Parcel #704 and Parcel #705 for the appraised value amount of $300 (Value of Parcel #704) between Brevard County and Ralph Seifert, Trustee; and waived the Phase I Environmental Assessment and survey requirements for the properties located in West Cocoa, in Section 25, Township 24, Range 35. 

 

 

 

The Board approved the Budget Change Requests as submitted.

 

 

 

The Board acknowledged receipt of the Annual Audit for the Titusville-Cocoa Airport Authority for FY 2010-2011.

 

 

 

The Board adopted the Special Magistrate's recommendation to reduce the accrued fine for the violation at Lot D.02, Arequipa Road, Cocoa (Case 08 CE-03545 f/k/a 08-0562) from $7,000 to $1,078; and directed staff to prepare and execute release and satisfaction of lien upon receipt of payment.

 

 

 

The Board reappointed Dr. Shaun Ferguson, and appointed Sharon Harris, to the Community Action Board with terms expiring December 31, 2014.

 

 

 

The Board authorized staff to respond to the Request for Information from the Florida Wildflower Foundation and express the County's interest in locating the Foundation's proposed Florida Wildflower Center in Brevard County.

 

 

 

The Board adopted Resolution No. 12-058, qualifying Diamondback CNC, LLC as a business under the County's Tax Abatement Program.

 

 

 

The Board adopted Brownfield Redevelopment Bonus (BRB) Resolution No. 12-059, qualifying East Coast Paper Stock, Inc. as a qualified Brownfield business.

 

 

 

 

The Board approved the revised hiring schedule for Project Megalo.

 

 

 

The Board adopted Resolution No. 12-060, qualifying Bertram Yacht, Inc. as an eligible business under the County's Tax Abatement Program.

 

 

 

The Board authorized Gerard Visco, Insurance Director, to execute a multi-year contract for consulting services with RobinsonBush, Inc. as recommended by the Employee Benefits Insurance Advisory Committee.

 

 

 

The Board approved the broadcast and dissemination of the "Home Rule" video produced by Keep It Local Florida, a coalition of the Florida Association of Counties, Florida League of Cities, and Florida School Boards Association.

 

 

 

 

The Board appointed/reappointed Greg Messer to the Contractor's Licensing Board, with term expiring December 31, 2012; Cynthia Shaheen to the Personnel Council, with term expiring December 31, 2012; and Vaughan Kimberling to the Port St. John Public Library Advisory Board, with term expiring December 31, 2012.

 

 

 

The Board approved the Billfolder as submitted.

 

 

 

Chairman Nelson stated he does not have a problem with reducing the fines on Items III.B.4. and III.B.5.; however, with Item III.B.4., the Board does not recapture the out-of-pocket costs; and suggested that the Board at least recover its costs for the two items.

 

The Board adopted the Special Magistrate's recommendation to deny the request to reduce the accrued fine of $800 for the violation at 4090 Aurora Road, Melbourne (Case 11 CE-1496 f/k/a 06-4979); and directed staff to prepare and execute release and satisfaction of lien upon receipt of payment of the fine. 

 

 

 

The Board approved a reduction of accrued fine for the violation at 4100 Aurora Road, Melbourne (Case 11 CE-01083 f/k/a 06-3436) from $112,000 to $2,498, instead of the amount recommended by the Special Magistrate of $1,290, to recover the $1,208 increment of actual costs not recovered by the fine imposed on property located at 4090 Aurora Road, Melbourne; and directed staff to prepare and execute release and satisfaction of lien upon receipt of payment of the fine.

 

 

 

The Board adopted Resolution No. 12-061, and executed an Interlocal Agreement and County Deed conveying properties within Hightower Beach Park to the City of Satellite Beach; and executed Partial Release of Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for State-owned leased to the County properties within Hightower Beach Park.

 

 

 

The Board adopted Resolution No. 12-062, and executed an Interlocal Agreement and County Deed conveying the County owned properties within Pelican Beach Park to the City of Satellite Beach; and authorized the Chairman to execute Assignment and Assumption of Lease Number 2548 for the State owned properties leased to the County and subleased to the City within Pelican Beach Park.

 

 

 

 

The Board acknowledged a presentation by Daniel Kristoff of the Project Development and Environment Study for the widening of Ellis Road from John Rodes Boulevard to Wickham Road, including a new interchange at I-95 and Ellis Road extension, which is also being examined as part of the study.

 

 

 

Charles Tovey commented on expanding his business and stated he looks forward to helping Brevard County.  He also mentioned that the Board will not help him with his Code Enforcement fines.

 

 

The Board adopted Ordinance No. 12-10, granting an Economic Development Ad Valorem Exemption to United Service Source, Inc.; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Chapter 196.012 F.S.; providing for proof of eligibility for exemption; United Service Source, Inc., providing an effective date.

 

 

 

Rick Kern, representing the applicant, stated the owner of Acorn Mini Storage would like to expand his business to boat and recreational vehicle storage; last year, the Board approved a Binding Development Plan on the property to allow the expansion; and during site plan review it was discovered that County Code requires a six-foot high masonry wall along the entire eastern and northern property lines, as they are adjacent to existing agricultural-residential zoning.  He stated the applicant is proposing to install a heavy landscape buffer, as well as a six-foot opaque fence; the landscape buffer would be 20 feet wide and there would also be a two-foot tall landscape berm within the buffer; and a landscape architect will design the plan. 

 

Dave Fahmie, Owner, Acorn Mini Storage, stated he has contacted the property owners to the east and they do not have any concerns that he is aware of.

 

Commissioner Anderson stated his concern would be if someone placed a residence in that area, it would be nicer to look at shrubbery than a plain, white brick wall.  He stated he is okay with the request, as he supports any expansion of business and doing it in a manner that is responsible. He inquired of the requirement for maintaining the shrubbery once installed. Robin Sobrino, Planning and Development Director, replied the requirement under the BDP is that it is irrigated, and staff expects that the irrigation system will remain viable.

 

Commissioner Fisher inquired if Mr. Fahmie is putting up a fence as well as a buffer, allowing the landscape buffer to hide the fence so that it is not visible.  Mr. Kern replied the fence will be on the property line, and the shrubbery would be on the inside of the fence.  Mel Scott, Assistant County Manager, stated it is a point of negotiation, but the Code typically requires that the buffer be placed on the inside of the chain link fence, but the owner has the ability to put the fence not on his property line and have the buffer on the outside of the fence for the benefit of the neighbors.

 

Mr. Kern advised it could be arranged so that the fence is eight feet from the property  line, which would put all of shrubbery and trees on the outside of the chain link fence; and stated it can be added as a stipulation.  Commissioner Fisher inquired of the likelihood of residential development to the east.  Ms. Sobrino replied the property is owned by a corporation.  Commissioner Fisher expressed concerns about future  development on the property.

 

Chairman Nelson pointed out that Mr. Fahmie came before the Board previously and asked for a Change of Use, and the Code that required the wall was in place at that time; and inquired why Mr. Fahmie did not have that discussion with the Board at that time.  Mr. Fahmie replied he was not aware that he had to have a wall.  Chairman Nelson stated he will not support the request.

 

The Board granted David Fahmie's request for a waiver to Section 62-3204(g)(4)(g) of the requirement to construct a six-foot high masonry or solid wall along the north and east property line which abuts residentially zoned property, with the stipulation that a six-foot high chain link fence, along with a vegetative buffer located outside of the fence be constructed.

 

 

 

The Board adopted Resolution No. 12-063, and executed a Deed authorizing the transfer of two lots in Barefoot Bay to the Barefoot Bay Recreation District.

 

 

 

The Board approved the scheduling of a private session on April 3, 2012, at 11:30 a.m., or at the conclusion of the Regular Board meeting, or as soon thereafter as possible, pursuant to Section 286.011(8), Florida Statutes, in the case of Kahama VII v. Brevard County et al, Case No. 6:12-CV-16-ORL-19KRS.

 

 

 

 

Howard Tipton, County Manager, advised electronic monitoring would accomplish three things: 1.) Bed prioritization, ensuring that the beds in the jail are for the worst offenders; 2.) Recitivism rate; and 3.) Cost savings.  He stated the Board is being asked to invest $35,000 in a pilot program that would pay for approximately 4,000 days of electronic monitoring; the cost of monitoring will pale in comparison to the cost to house an inmate; the pilot program will be managed by the Population Management and Oversight Divisions, which includes the Jail Oversight Judge, the Jail Population Management Coordinator, a prosecutor, and an assistant public defender; and noted the Public Safety Coordinating Council has approved the proposal.

 

Commissioner Fisher inquired how many days the non-violent offenders are spending in jail.  Isa Kennedy, Jail Population Management Coordinator, replied the focus of the pilot program is not only the non-violent offenders, but those with a failure-to-appear that have been charged with a misdemeanor offense; the offenders meeting the criteria spend approximately 50 to 100 days in jail; and the number of inmates fluctuates, depending on the season. She commented on other counties within Florida that use electronic monitoring and their success with the system. Commissioner Fisher inquired if the offenders will be charged per day for the monitoring.  Ms. Kennedy replied the judges order the electronic monitoring as a condition of release, and they will stay on it until their case is resolved; but the offender can go before the judge after a period of time and ask that the conditions be released.  Mr. Tipton noted typically, misdemeanor cases are resolved in 60 to 90 days; and further stated the offenders have to be declared indigent by the court and they have to be eligible for release under all of the guidelines that the judges are using, which are considerable in making sure they are non-violent offenders.

 

Commissioner Infantini commented on the cost of the electronic monitoring, and if the Sheriff's Office would be responsible for the cost.  Ms. Kennedy noted that the electronic monitoring program is so small that the numbers would not have an impact on the jail because it still has to have corrections officers; but there might be fewer meals to make and less laundry.

 

The Board approved funding in the amount of $35,000 for the establishment of a fund that would cover the cost of electronic monitoring for those deemed appropriate and indigent by the Jail Oversight Judge; authorized the advertisement of Invitation for Bids, authorizing to award to the lowest responsive and responsible provider; and authorized the County Manager to execute the subsequent contract.

 

 

 

Alexandra Ansell commented on the installation of utility smart meters, their harmful affects on people being exposed to very high levels of radiofrequency radiation, and the lack of concern by Florida Power & Light, the Environmental Protection Agency, and the  Federal Communications Commission. 

 

Stephanie Austin, co-founding member of Coalition for Health Against Smart Meters, also commented on the danger of utility smart meters being installed in multi-unit developments and the effect on people who suffer from hypersensitivities.

 

Both individuals passed out information to the Board, which is included in the public record. 

 

The Board acknowledged the Citizen Request by Alexandra Ansell for a moratorium on the installation of smart meters, but took no action.

 

 

 

Upon consensus of the Board, the meeting was adjourned at 11:17 a.m.

 

 

 

 

ATTEST:                                                                                                                                

                                                                          CHUCK NELSON, CHAIRMAN

                                                                          BOARD OF COUNTY COMMISSIONERS

                                    _______                      BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK