CALL TO ORDER

 

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 invocation was given by Pastor Tim Franklin, Freedom Christian Center in Viera.

 

 

 

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

 

 

 

The Board approved the February 21, 2012 Regular Meeting Minutes.

 

MOVER:             Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Bolin read aloud a resolution proclaiming the month of March as Irish American Heritage Month; and the Board adopted Resolution No. 12-040, proclaiming the month of March as Irish American Heritage Month.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Anderson read aloud a resolution recognizing the 60th anniversary of Town of Indialantic; and the Board adopted Resolution No. 12-041, recognizing and commending the Town of Indialantic for remaining a natural, unspoiled paradise for the last 60 years.

 

Town of Indialantic Councilman Stuart Glass expressed his thanks to the Board for the Resolution; and stated he would like to invite the Board to attend the weekend celebrations.

 

MOVER:             Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Christy Suehle, The Center for Drug Free Living, provided the Board with a presentation for Operation Home Front; she stated the Center provides a helping hand to those who have so bravely served the country; it will specifically serve female Veterans with children; and have an emphasis on women with substance abuse and mental health issues.  She stated Operation Home Front is almost complete; it is a 28-bed facility located at 3905 Grissom Parkway, Cocoa; housing, meals, case management services, linkages to medical care, educational/vocational services, job training, and placement services will be received to reintegrate and become self-sufficient.  She mentioned the program partners are Department of Veteran Affairs, Brevard County Continuum of Care, Homeless Housing Assistant Grant (HHAG), Brevard Veterans Memorial Center, American Veterans Empowerment Teams Project (AVETs), and Homeless Veterans Support Network; and stated The Center for Drug Free Living wants to give back to the women who have given to their country.  She stated a final inspection will take place in the next 30 days with a grand opening possibly in May being tied to Armed Services Day; and invited the Board to attend the grand opening ceremony.  She inquired how she should coordinate with each Commissioner.  Chairman Nelson responded it is best that Ms. Suehle coordinate with each Commissioners office; and he expressed his thanks to The Center for Drug Free Living for doing such a wonderful project for the Veterans.

 

The Board acknowledged presentation of The Center for Drug Free Living, given by Christy Suehle.

         

 

 

Commissioner Anderson read aloud, and the Board adopted Resolution No. 12-042, recognizing and commending West Shore Jr./Sr. High boys soccer team as the 2012 Class 2A Florida State Soccer Champions.

 

 

Coach John Krehbeil expressed his thanks to the Board for the Resolution; and stated it has been an exciting few weeks for the boys on the soccer team and the students at West Shore Jr./Sr. High School.

 

MOVER:             Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Commissioner Anderson read aloud, and the Board adopted Resolution No. 12-043, proclaiming the week of March 4 - 10, 2012 as Women In Construction Week, recognizing and commending the Space Coast Florida National Association of Women In Construction (NAWIC) Chapter for its steadfast work on behalf of women in construction.

 

Kathy Ogle, President of the National Association of Women In Construction, expressed her thanks to the Board for the Resolution; stated this year NAWIC is doing a statewide project by all its Chapters, building garden boxes for special charities; and it is being done in conjunction with the Girl Scouts celebrating the 100th anniversary.

 

MOVER:             Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Howard Tipton, County Manager, stated Saturday, he attended the 4-H golf tournament; Sunday, he attended the Space Coast Area Transit (SCAT) Bus Rodeo; and added both events were a lot of fun.

 

 

 

Commissioner Bolin stated Friday, she visited the new Sandy Paws Dog Beach Park; she was filled with delight seeing all of the dogs having so much fun; and added, there were no violations.

 

Commissioner Bolin stated she attended the Grant Seafood Festival; it was a great event with a huge success; and had record crowd numbers in attendance.

 

 

 

Frank Sullivan, Brevard County Fair, Inc. President, stated it has taken three years to get the State issued Charter; it is a safe, alcohol free, and family oriented place for the kids involved in 4-H, to show their project; and with all of the Fair's supporters, it is now holding its fourth fair, and will be sharing to help improve Wickham Park with approximately $6,000.  He invited the Board to attend the VIP night Thursday, March 22nd, and have barbecue and free rides that night for all of their families.

 

Chairman Nelson advised it gives the feeling of a hometown fair that he remembers while growing up; and Space Coast Government Television will be showing the Brevard County Fair commercial on Bright House.

 

The Board acknowledged presentation of the Brevard County Fair.

 

Chairman Nelson expressed his thanks to all of the volunteers and the professionalism shown.  

 

Jim Fletcher, University of Florida (UF) Institute of Food and Safety (IFAS) Extension Director, added the fair recognizes the economic impact; and it is open to the five surrounding counties.  Commissioner Bolin inquired about the pigs.  Mr. Fletcher responded he is still working on pigs, but there will be cattle, goats, rabbits, and chickens.

 

 

 

Chairman Nelson stated a letter has been received from Florida Department of Transportation (FDOT), moving forward with the West Cocoa sound wall; and he expressed his thanks to the Board and Transportation Planning Organization (TPO) for moving the matter forward.  He stated Florida House Representative Tom Goodson, went out to the site, took the mission on, and realized the community was present before the interstate; and that is what made the difference to install the wall.

 

Chairman Nelson stated the Flag Football Program sent a letter expressing their thanks to the Parks and Recreation Department by commending staff Tex Loadholtz, Dave Ballard, Don Ingram, Hector Lopez, and Dominick DeAngelis.

 

Chairman Nelson stated he attended the opening of the Merritt Island Little League; a lot of sports are finishing up and new ones are kicking off; and staff is doing a great job.

 

Chairman Nelson stated Commissioner Anderson, Howard Tipton, and he attended the Sheriff's Award Ceremony Friday evening; it was a great event showing some of what law enforcement goes through; Sheriff Parker is doing a commendable job of running the office; and he expressed congratulations to all of the winners at the ceremony.  He added it will be on Space Coast Government Television because it was filmed by Brevard Community College.

    

 

The Board adopted Resolution No. 12-044, with Florida Department of Transportation (FDOT) to obtain a temporary construction easement, and a permanent drainage easement, for constructing and maintaining drainage improvements on FDOT-owned property within the West Cocoa Watershed, Service Area One, and A-Lane Channel Improvements Project.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed an Agreement with Florida Department of Emergency Management (FDEM) for 75 percent State and 25 percent Local cost-share for the Sarno Lakes Phase II Drainage Projects; approved the legal venue as Leon County; authorized the Chairman to execute necessary contract amendments subject to the approval of the County Attorney's Office and Risk Management; and approved the associated budget change requests.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved Policy BCC-77, Vacating Public Access to Waterfront Property, and Policy BCC-81, Vacating County Road, Rights-of-Way, and Easements.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved a Revocable Rights-of-Way License Agreement that would allow A. Duda & Sons, Inc. (ADS) to cross County owned property to facilitate the clean-up, restoration, and re-vegetation of certain borrow pits known as "Zoo Trail North and Zoo Trail South".

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed the Contract for Sale and Purchase with Chris Weiss for property needed for drainage improvement within the Lake Drive Improvement Project in the amount of $220,000.00; and authorized the County Manager to approve an IRS 8283 Form (Donation of Real Property) as requested by the Seller, and conditionally waive the requirement for a Phase I Environmental Inspection.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed Contract Modification #5 in the amount of $183,886.65 for the Wickham Road Intelligent Transportation System (ITS).

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved a one-year extension with Wade Trim, Inc., for continuing consultant services for the Barefoot Bay Water and Sewer District; and granted permission for the County Manager to approve the two remaining extensions.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved the Budget Change Requests, as submitted.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Community Wildfire Protection Plan (CWPP), a collaborative effort between the County and the Florida Forest Service (FFS) to improve wildfire protection and response.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board accepted the award from Federal Emergency Management Agency (FEMA) Assistance to Fire Fighters Grant in the amount of $540,000.00, for the purchase and installation of emergency services driver simulators to be located in a single, centrally located driving simulation lab.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board adopted Resolution No. 12-045, to sunset Lake Washington Park Citizen Committee as recommended by the Brevard County Parks and Recreation Department South Area Advisory Board.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board adopted Resolution No. 12-046, to sunset South Mainland Community Center Citizens Advisory Committee as recommended by the Brevard County Parks and Recreation Department South Area Advisory Board.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed the Sub-Grant Agreement with Florida Division of Emergency Management, Department of Community Affairs for Contract No. 12-DS-20-06-15-01; authorized the County Manager or designee to sign any documents associated with the grant, and any necessary budget actions; and authorized the County Manager to make any necessary selections as required to execute the grant.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board appointed/reappointed Peggy Nolan to the Art in Public Places Advisory Committee, with term expiring December 31, 2012; Nick Witek to the Contractor's Licensing Board, with term expiring December 31, 2012; Bob Champaigne to EELS Program Recreation and Education Advisory Committee, with term expiring December 31, 2012; Karen MacAuthur to EELS Program Recreation and Education Advisory Committee; Helen Dezendorf to Library Board, with term expiring December 31, 2012; and Robin Roark to Marine Advisory Council, with term expiring December 31, 2012.   

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved the Billfolder, as submitted.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

David Norman stated he was present at the Board meeting when the Board approved the funding for the Sheriff's building of $4 million; his understanding is the Sheriff had $1 million in the forfeiture account from the federal government; there was $3 million more needed; and the Board was going to create a bond, which included the building and another $2 million for the Supervisor of Elections.  He went on to say he heard Commissioner Anderson answer a question on the radio after that meeting saying the $3 million is already kind of available, but maybe it has not been approved by the Department of Justice to move the funds over from shared property; and he inquired if that is correct.  Commissioner Anderson responded the cases are pending trial; once the cases are adjudicated, the money will be received; the Sheriff cannot say that, but he was a former drug agent, and he knows what court cases funds will be received from.  Mr. Norman stated how he understands it to work is a form has to be submitted to the federal government to get the fair share; and inquired if it would be enough to cover the cost of the building.  Commissioner Anderson responded he does not know; and reiterated it cannot be counted up front because the cases have to be adjudicated first for the funds.  Mr. Norman stated when looking at the federal guidelines, it says the money should not be used to anticipate anticipatory money for budgeting.  Commissioner Anderson stated the Sheriff did not do that; and he is saying that he knows what is in the system.  Mr. Norman inquired if the building will be considered a budgetary item.  Commissioner Anderson responded he is not going to argue with Mr. Norman; it is a disservice by not allowing the Sheriff to have the building; and it is a done deal.  Mr. Norman inquired why is a bond being created if there will be $4 million.  Commissioner Anderson reiterated the $3 million cannot be anticipated until it is adjudicated.  Mr. Norman stated according to the federal government it cannot be done.

 

Chairman Nelson stated the Board has the responsibility of providing the Sheriff with a facility; the Sheriff has indicated to the Board, that he believes he will receive that; worst case scenario is this Board will have to deal with that at a later date in the Sheriff's budget; but that is the whole point, they are in portables, and need to get out of those portables.  He went on to say if this source was not available, the Board would still have the responsibility of dealing with that issue; there is opportunity given that has some interesting twists and turns in it; but the same thing was done for the Crime Scene Investigators (CSI) building from the phone fees the prisoners pay.  He stated it has to be figured out in the Sheriff's budget how to deal with it; the Sheriff has given the Board an option that is believed to work; and added, it is not a bond, it is a loan.  Mr. Norman inquired if public approval is needed for the types of funds being used to deal with the Sheriff's problem.  Chairman Nelson responded no.

 

Commissioner Infantini inquired if the Sheriff has to go out to bid; stated she has been receiving questions personally about whether or not the Sheriff went to bid for the demolition of the existing building and construction of the new building; she has been told the bid has already been awarded; and she never seen it on her bid sheets.  Scott Knox, County Attorney, responded there is a State Statute requiring public projects to bid at a certain levels; and he thinks this matter exceeds that level and will have to be put out for bid.

 

Stockton Whitten, Assistant County Manager, added Facilities Construction is actually handling that just like any other County project; it will be put out for bid; perhaps the demolishing can be put under an existing Contract; but it is similar to any other Contract that the County would procure.

 

Commissioner Infantini noted she knows of people waiting for that bid to come out for the demolition that did not have the opportunity to bid it; and she wants to make sure there are no preferential treatments somewhere.  Mr. Whitten stated he will double check it; and thinks it was probably done under a continuing Contract.

 

Lynn Miraglia stated she is present today asking the Board to refer a matter to the Animal Advisory Board for its review; there are two ordinances that she would like to see implemented by Brevard County; and both are related to the issue of pets running loose, not being spayed or neutered, and likely contributing to the number of animals in the community that are not needed.  She stated the first ordinance addresses repeat offenders of cats and dogs running loose, having been picked up by Animal Control or by residents, and brought to the animal shelters more than one time; and it will give Brevard County the authority to sterilize those repeat offenders before being returned to the owner.  She went on to say Orange County has a similar ordinance; when the animal is picked up the second time, it is mandatory that the pet is spayed or neutered; and the ordinance she would like to see implemented in Brevard County would not be mandatory, but it would give authority to the County to do so.  She advised the second ordinance is somewhat similar; and it addresses when a person comes to reclaim his or her pet from the animal shelter there is opportunity to spay and neuter then.  She mentioned Austin, Texas, has a Return to Owner (RTO) adoption; the owner paying current adoption fee rather than the reclaim fees; a microchip is implanted; and the pet is spayed or neutered, which is an option for the owner or can just pay the reclaim fees.  She went on to say she had discussed this matter with the previous Animal Services Director, who was in agreement with her last year; when a new Director is hired, she will discuss it again; she would like to present this matter to the Animal Advisory Board next week; and she would like the Board's vote to ask the Animal Advisory Board to review her suggestion.

 

Chairman Nelson stated he does not know if Ms. Miraglia needs to have a vote from the Board; she has every right to present to the Animal Advisory Board these options; he thinks the discussion needs to take place because it is another tool to help get control of a big County problem; and there is consensus from the Board for the Animal Advisory Board to hear these ideas.

 

The Board reached consensus for Lynn Miraglia to present her ideas to the Animal Advisory Board at its next scheduled meeting.

        

 

 

John Denninghoff, Public Works Director, stated this vacating request is to unify an owner's property with a 20-foot alley between two parcels; a vacating has been requested without any objections received.

 

The Board adopted Resolution No. 12-047, vacating an alley in China Ward, Plat of Mims in Section 17, Township 21 South, and Range 35 East, petitioned by Francis J. Bolduc.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board authorized Chairman to execute Demand Letters of Payment for the Willow Creek Development Agreement issue; and directed Scott Knox, County Attorney, to file suit in the event payment is not received within twenty (20) days of demand.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board adopted Resolution No. 12-048; and executed Interlocal Agreement and County Deed with the City of Melbourne conveying parking lot at 618 Melbourne Avenue (Henegar Center) to the City.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board adopted Resolution No. 12-049; and executed Interlocal Agreement and County Deed with the City of Melbourne conveying Melbourne Riverview Park to the City.

 

 

Chairman Nelson expressed his appreciation for Mayor Harry Goode, City of Melbourne, and Jack Schluckebier, Melbourne City Manager, for their presence today.

 

MOVER:             Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed the Receipt of Partial Distribution acknowledging the sum of $28,000 as partial distribution to the Brevard County Libraries/Melbourne Fee Avenue Library as the beneficiary of the Brown Family Trust.

 

MOVER:             Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board adopted Resolution No. 12-050, revising Resolution No. 12-033 for a local cash match for a Qualified Targeted Industry (QTI) Tax Refund and a local cash match for the Quick Action Closing Fund in support of Project Fates.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Scott Knox, County Attorney, stated there has been a request from the Board asking the County Attorney's Office to look into the possibility of preparing a volunteer protection ordinance; recently, a person whose been providing volunteer efforts on behalf of the County has resulted in some extremely defamatory remarks being published on the internet; and this needs looking into to see if the County can provide protection from those kinds of circumstances.

 

Commissioner Nelson inquired if Attorney Knox will be doing research, and will report back to the Board.  Attorney Knox responded affirmatively.

 

The Board directed Attorney Knox to report back to the Board with information regarding a volunteer protection ordinance. 

 

 

 

Upon consensus by the Board, the meeting adjourned at 9:54 a.m.

 

 

ATTEST:

                                                                       __________________________________

                                                                        CHUCK NELSON, CHAIRMAN

_________________________              BOARD OF COUNTY COMMISSIONERS

MITCH NEEDELMAN, CLERK                   BREVARD COUNTY, FLORIDA