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

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INVOCATION BY:  SENIOR PASTOR STEVE HART, FIRST UNITED METHODIST CHURCH OF PORT ST. JOHN

 

The invocation was given by Senior Pastor Steve Hart, First United Methodist Church of Port St. John

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PLEDGE OF ALLEGIANCE:  CHAIRMAN CHUCK NELSON

 

Chairman Nelson led the assembly in the Pledge of Allegiance.

 

APPROVAL OF MINUTES:  MARCH 20, 2012, REGULAR MEETING MINUTES

 

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ITEM I.A.  PRESENTATION BY CENTER DIRECTOR BOB CABANA, RE:  NASA/KSC UPDATE

 

Bob Cabana, Director, Kennedy Space Center, presented a PowerPoint presentation on the Accomplishments of 2011 at Kennedy Space Center (KSC), along with Human Spaceflight, KSC Programs, Launch Services Program (LSP), LSP Manifest, Commercial Crew Program (CCP), CCP Partners, Ground Systems Development and Operations (GSDO) Program, the International Space Station (ISS), KSC Partnerships, Successful Partnerships, Current Partnering Availability, and Economic Impact. 

 

 

ITEM I.C.  RESOLUTION, RE:  PROCLAIMING THE WEEK OF APRIL 8 - 14, 2012, AS NATIONAL TELECOMMUNICATORS WEEK

 

Commissioner Bolin Lewis read aloud, and the Board adopted, Resolution No.12-064, proclaiming the week of April 8 - 14, 2012, as National Telecommunicators Week, and commended all Telecommunicators for their dedication to duty, professionalism and commitment to saving lives, property and the prevention of crime in Brevard County. 

 

MOVER:            Mary Bolin Lewis, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM I.D.  RESOLUTION, RE:  RECOGNIZING THE BREVARD COUNTY SHERIFF’S OFFICE AND BREVARD COUNTY FIRE RESCUE SUPER TEAM IN MEMORY OF DEPUTY BARBARA PILL

 

Commissioner Anderson read aloud, and the Board adopted, Resolution No. 12-065, recognizing the Brevard County Sheriff's Office and Brevard County Fire Rescue Super Team in memory of Deputy Barbara Pill, for their fundraising efforts for the St. Baldrick's Foundation. 

 

 

ITEM I.F.  RESOLUTION, RE:  RECOGNIZING POSTAL SERVICE LETTER CARRIER, STEVE HILL, AS BREVARD COUNTY TALKING BOOKS POSTAL SERVICE LETTER CARRIER OF THE YEAR

 

Chairman Nelson read aloud, and the Board adopted, Resolution No. 12-066, recognizing Postal Service Letter Carrier, Steve Hill, as Brevard County Talking Books Postal Service Letter Carrier of the Year. 

 

 

ITEM I.E.  RESOLUTION, RE:  RECOGNIZING SERTOMA ON ITS 100TH ANNIVERSARY

 

The Board adopted Resolution No. 12-067, recognizing Sertoma on its 100th Anniversary, and for helping the millions of people suffering from health issues.

 

 

 

ITEM I.G.  PRESENTATION BY RAY OSBORNE, RE:  GRANT FOR RESEARCH TRIP IN MAY 2012 TO THE ARCHIVES OF THE INDIES IN SEVILLE, SPAIN

 

Ray Osborne gave a presentation on a grant research trip scheduled in May of 2012 to the Archives of the Indies in Seville, Spain.            

ITEM I.H.  RESOLUTION, RE:  PROCLAIMING NATIONAL CONTRACT MANAGEMENT ASSOCIATION AND CONTRACT MANAGEMENT WEEK

 

Commissioner Anderson read aloud, and the Board adopted, Resolution No. 12-068, proclaiming Contract Management Week, and recognized the National Contract Management Association for its steadfast work on behalf of contracting and procurement professionals. 

 

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ITEM II.D.  TRUDIE INFANTINI, DISTRICT 3, REPORT

 

Commissioner Infantini stated there was an item added to the agenda on Friday at 12 p.m, which did not give her office time to research the item, and she would like to have the item tabled.  She added, the item creates an agency, which will have the authority to issue bonds without going to voter referendum, and she does not think it is appropriate to have it a rushed item.  She noted, issuing bonds has to go to voter referendum, and that is required by the State Constitution, as well as the County Charter, and reiterated it is not something to rush into a decision with very little time to do any research. 

 

Commissioner Infantini made a motion to table Item VII.D.1., motion failed due to a lack of a second.

 

Commissioner Anderson asked if the item is time sensitive; and stated it was driven from the Governor Scott's office, and has to be completed by April 12th to get the road project finished.  Chairman Nelson suggested to have the discussion, and if the item needs to be tabled for a decision, then the Board will do so.

 

Commissioner Infantini stated a $41 million bond issue is something that should not be considered lightly, especially when it is going to be issued by an outside agency created by the Board, when the Board itself does not have the authority to issue bonds without going to referendum. 

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ITEM II.E.  MARY BOLIN LEWIS, DISTRICT 4, REPORT

 

Commissioner Bolin Lewis announced she received a 'newsflash' from Jim Fletcher stating that the Brevard County Farmer's Market was voted best farmers market in the region by Edible Orlando readers.  

ITEM II.G., CHUCK NELSON, DISTRICT 2 COMMISSIONER, CHAIRMAN, REPORTS

 

Chairman Nelson stated he, Commissioner Fisher, and Howard Tipton attended the 9th Annual Community Leaders trip to Washington DC, and Brevard County is in consideration for a patent office to be located in the area, which would bring a spinoff benefit of attorney's that would be associated with patents; and there will be four throughout the country when finished with the expansion, with the next one being in Detroit.  He added, the Pentagon informed them where Brevard County is as a community, and it does not look like there is going to be a Base Realignment and Closure (BRAC) in 2013, but there may be one in 2015.  He concluded stating he and Commissioner Bolin Lewis attended a dedication of a pavilion at the Cocoa Riverfront Park for Captain Ed Laney. 

 

ITEM PULLED FROM THE CONSENT AGENDA

 

Howard Tipton, County Manager, pulled Item III.B.3., Board Consideration, Re:  Request for Partial Release of Code Enforcement Lien for Property Attached to Tax Account 28502593, to bring the request back to the Board at a later date.

 

ITEM III.A.1.  CHANGE ORDER NO. 2 TO BID CONTRACT NO. 3-11-20, RE:  PINE ISLAND CONSERVATION AREA STORMWATER IMPROVEMENTS, PHASE 1

 

The Board executed Change Order No. 2 with Seavy & Associates, Inc. to Bid Contract No. 3-11-20 for a net increase of $153,676.04 and a time extension of 30 days to cover changes in the work to be performed for Phase I of the Pine Island Conservation Area Stormwater Improvements. 

 

 

ITEM III.A.2., GRANT CONTRACT AGREEMENT G0344 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP), RE:  PINE ISLAND CONSERVATION AREA STORMWATER IMPROVEMENTS, PHASE II

 

The Board authorized the Chairman to execute Grant Contract Agreement G0344 with the Florida Department of Environmental protection (FDEP) Non-Point Source Management Program for cost-share funding for Pine Island Stormwater Improvement Project, Phase II; authorized the County Manager, or designee, to execute amendments, subject to approval by the County Attorney and Risk Management; and approved associated budget change requests.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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TEM III.A.3., RESOLUTION AND APPLICATION FOR GRANT FUNDS FROM FLORIDA INLAND NAVIGATION DISTRICT (FIND), RE:  DERELICT VESSEL REMOVAL FUNDING

 

The Board adopted Resolution No. 12-069, and authorized application for a grant from the Florida Inland Navigation District (FIND) to further Brevard's Derelict Vessel Removal Program; approved the matching funds; authorized the County Manager to execute the subsequent grant contract, if awarded; and approved any necessary budgetary actions.

 

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ITEM III.A.4.,  RESOLUTION AND APPLICATION FOR GRANT FUNDS FROM FLORIDA INLAND NAVIGATION DISTRICT (FIND), RE:  CONSTRUCTION OF WATERFRONT IMPROVEMENTS AT GRIFFIS LANDING

 

The Board adopted Resolution No. 12-070, and authorized application for a grant from Florida Inland Navigation District (FIND); authorized the matching funds and any related budget change requests; authorized staff to negotiate and the Chairman to execute the subsequent grant contract, if awarded; and authorized reapplication and execution of the Grant Resolution by the Chairman in 2013, should this application be delayed by permitting. 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM III.A.5., FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION GRANT CONTRACT AMENDMENT FOR NO-COST TIME EXTENSION, RE:  SOUTH LAKE (CARPENTER ROAD) WATER QUALITY RETROFIT PROJECT

 

The Board executed a 319 Grant Agreement Amendment with Florida Department of Environmental Protection (FDEP) for a one (1) year time extension; authorized the County Manager to approve subsequent amendments and time extensions, subject to Risk Management and County Attorney approval; and authorized associated budget change requests.       

 

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ITEM III.A.6.,  RESOLUTION OF NECESSITY, RE:  ACQUISITION OF PARCELS FOR WEST COCOA WATERSHED, SERVICE AREA 1, A-LANE CHANNEL IMPROVEMENTS AND SERVICE AREA 2, LAKE DRIVE CHANNEL IMPROVEMENTS PROJECT

 

The Board adopted Resolution of Necessity No. 12-071, for parcels in Sections 25,35, and 36, Township 24 South, Ranges 35 and 36 East, Brevard County Florida, to construct and maintain drainage improvements for the West Cocoa Watershed, Service Area 1, A-Lane Channel Improvements and the Service Area 2, Lake Drive Channel Improvements; and authorized the County Attorney staff to proceed with this action in accordance with the statutory requirements set forth in Chapters 73 and 74, Florida Statutes, applicable to "quick-take" proceedings.   

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM III.A.7., ACCEPTANCE, RE:  SUBORDINATION OF UTILITY INTEREST CONVEYED FROM FLORIDA POWER & LIGHT (FPL) IN FAVOR OF BREVARD COUNTY FOR FPL EASEMENTS LOCATED WITHIN PARCELS INCLUDED IN BARNES BOULEVARD EMINENT DOMAIN SUIT #1

 

The Board accepted the Subordination of Utility Interests from Florida Power & Light Company for Barnes Boulevard Widening Project in Township 25, Range 36, and Sections 21 and 22. 

 

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ITEM III.A.8., CONTRACT FOR PURCHASE OF EASEMENT RIGHTS FOR PERPETUAL DRAINAGE EASEMENT (PDE) AND TEMPORARY CONSTRUCTION EASEMENT (TCE) WITH FRIENDSHIP PRIMITIVE BAPTIST CHURCH, INC., RE:  A-LANE DRAINAGE IMPROVEMENTS PROJECT

 

The Board executed Contract for Purchase of Easement Rights in the amount of $425 and accepted the PDE and TCE with Friendship Primitive Baptist Church, Inc. for the A-Lane Drainage Improvements Project; and waived the appraisal, Phase Environmental Assessment and survey requirements for property located in the West Cocoa area.

 

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ITEM III.A.9., TEMPORARY CONSTRUCTION EASEMENT WITH ALAN M. O’CONNELL AND JACKIE M. O’CONNELL, RE:  LAKE WASHINGTON ROAD AND WASHINGTONIA DRIVE CULVERT REPLACEMENT

 

The Board approved accepting a Temporary Construction Easement from Alan M. O'Connell and Jackie M. O'Connell for the upsizing and replacement of the existing culvert at Lake Washington Road and Washingtonia Drive lying in Section 10, Township 27, Range 36.

 

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ITEM III.A.10, ACCEPTANCE OF THREE TEMPORARY CONSTRUCTION EASEMENTS, RE:  HOLLYWOOD BOULEVARD AND U.S. 192 INTERSECTION IMPROVEMENT PROJECT

 

The Board approved accepting Temporary Construction Easements from:  1.) Galesi Investment, Limited Partnership; 2.) Pelloni Development Corporation; and 3.) Jung-Lin Chen & Shu-Ching Chen for use in the Hollywood Boulevard and U.S. 192 Intersection Improvement Project; and approved waving the appraisal, Phase I Environment Assessment and survey requirements, for project located in the West Melbourne area.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM III.A.11., PERMISSION TO ADVERTISE REQUEST FOR A/E PROPOSALS, ESTABLISH SELECTION AND NEGOTIATING COMMITTEES, PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS FOR CONSTRUCTION MANAGEMENT SERVICES, AND AWARD AND EXECUTIE CONTRACTS, RE:  TRANSPORTATION MANAGEMENT CENTER

 

The Board granted permission to advertise a Request for Proposals from qualified architectural/engineering firms; approved permission to advertise Request for Proposals from qualified construction management firms; authorized the establishment of Selection Committee consisting of Mel Scott, Assistant County Manager, Steve Quickel, Facilities Department Director, and John Denninghoff, Public Works Director, or designees; authorized the establishment of Negotiating Committee consisting of Mel Scott, Assistant County Manager, Steve Quickel, Facilities Department Director, and John Denninghoff, Public Works Director, or designees; and authorized the Chairman to sign all associated Contracts for the design and construction of a new Public Works/Transportation Management Center in Viera, Florida. 

 

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ITEM III.A.12, APPROVAL, RE:  CONTRACT FOR SALE AND PURCHASE OF EASEMENT RIGHT WITH TERRY L. ROSENBERGER

 

The Board accepted easements, and executed Contract for Sale and Purchase of Easement Rights with Terry L. Rosenberger, in the amount of $295; authorized waving the requirement for a survey; and approved waving the requirement for a Phase I Environmental Assessment.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM III.A.13., PERMISSION TO ADVERTISE REQUEST FOR BIDS TO RENT/LEASE A TEMPORARY OFFICE TRAILER, RE:  SOUTH CENTRAL WASTEWATER TREATMENT PLANT

 

The Board authorized staff permission to advertise a request for bids to continue the rent/lease of a temporary office trailer for the South Central Wastewater Treatment Plant, for up to 60 months; authorized Purchasing to award the bid to the lowest responsive vendor; and authorized the Chairman to sign any necessary Contracts.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM III.B.1.,  APPROVAL RE:  BUDGET CHANGE REQUESTS

 

The Board approved the Budget Change Requests as submitted.   

 

ITEM III.B.2.,  APROVAL OF MATCHING FUNDS, RE:  FEDERAL ELECTIONS ACTIVITY GRANT FOR THE 2012 GENERAL ELECTION

 

The Board executed the Certificate Regarding Matching Funds allocating $9,570 to support the receipt of the Federal Elections Activity Grant in the Amount of $63,797 by the Supervisor of Elections, which will be used to provide adequate resources to support the 2012 General Election.

 

 

ITEM III.B.4.,  AMENDMENT NO. 1 TO AGREEMENT WITH HOLEMAN SUMAN ARCHITECTS INC., RE:  CONTINUING ARCHITECTURAL/ENGINEERING DESIGN CONSULTANT SERVICES AGREEMENT

 

The Board executed Amendment No. 1 to Agreement with Holeman Suman Architects, Inc., under the new name of HAS Architecture, LLC, for Continuing Architectural/Engineering Design Consultant Services.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM III.B.5., APPROVAL, RE:  CONTRACT WITH BREVARD COMMUNITY PARTNERSHIP, INC.

 

The Board executed a Contract with Brevard Community Partnership, Inc., for property located at 6027 Homestead Avenue, Port St. John, Florida; and authorized execution of any future amendments for modifications upon approval by the County Attorney and Risk Management.    

 

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ITEM III.B.6., MEMORANDUM OF AGREEMENT WITH OVERCAST SOLUTIONS, LLC, RE:  WETLAND MITIGATION PROJECT AT INDIAN RIVER SANCTUARY

 

The Board executed a Memorandum of Agreement (MOA) with Overcast Solutions, LLC, to allow the developer to complete a wetland mitigation project on the Indian River Sanctuary to satisfy the developer's mitigation permit conditions. 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM III.B.7., MEMORANDUM OF AGREEMENT WITH GRANT LAKE, LLC, RE:  WETLAND MITIGATION PROJECT AT GRANT FLATWOODS SANCTUARY

 

The Board executed a Memorandum of Agreement (MOA) with Grant Lake, LLC, to allow the developer to complete a wetland mitigation project on the Grant Flatwoods Sanctuary to satisfy the developer's mitigation permit conditions.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM III.B.8., MEMORANDUM OF AGREEMENT WITH RIVERSIDE DEVELOPMENT, RE:  WETLAND MITIGATION PROJECT AT GRANT FLATWOODS SANCTUARY

 

The Board executed a Memorandum of Agreement (MOA) with Riverside Development to allow the developer to complete a wetland mitigation project on the Grant Flatwoods Sanctuary to satisfy the developer's mitigation permit conditions.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM III.B.9., MEMORANDUM OF AGREEMENT WITH EAST FLORIDA MOTOR SALES, INC., RE:  WETLAND MITIGATION PROJECT AT FOX LAKE SANCTUARY

 

The executed a Memorandum of Agreement (MOA) with East Florida Motor Sales, Inc., to allow the developer to complete a wetland mitigation project on the Fox Lake Sanctuary to satisfy the developer's mitigation permit conditions.

 

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ITEM III.C.2., APPOINTMENTS/REAPPOINTMENTS, RE:  CITIZEN ADVISORY BOARDS

 

The Board appointed/reappointed J. Robert Murr to the Housing Finance Authority, with the term expiring December 16, 2016.

 

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ITEM III.C.3., APPROVAL, RE:  BILLFOLDER

 

The Board approved the Billfolder as submitted.      

 

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ITEM III.C.4., RESOLUTION RE:  PROCLAIMING APRIL 15- 22, 2012 AS DAYS OF REMEMBRANCE

 

The Board adopted Resolution No. 12-072, proclaiming the week of April 15 - 22, 2012, as Days of Remembrance in memory of the victims of the Holocaust and honoring the survivors, as well as rescuers and liberators, and further proclaimed to strive to overcome intolerance and indifference through learning and remembrance.         

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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PUBLIC COMMENTS

 

Bill Luty asked the Board to send a letter to Senator Rubio and Senator Nelson asking for help for veterans of the community with a bill that was vetoed for homeless veterans from the Governor.  He stated he is asking for a $600 million hospital with at least 400 beds, $250 million for retirement one-bedroom homes for veterans, $100 million for a national cemetery, and $50 million for rehab for homeless veterans who have gone into war.  He noted, there are 72,000 veterans in the area; and asked each Commissioner to support this letter to the senators. 

 

Chairman Nelson suggested staff do some research; and stated he knows a veterans hospital is being built in Orlando.  Mr. Luty stated it is a $6 million hospital, but it will only hold approximately 200 people, and there will be a large out-patient facility.  He mentioned it was supposed to be for 10 counties and 400,000 people.  Chairman Nelson asked the County Manager to work with Mr. Luty to get details on the issues and send a memo to the Board so it can decide what it needs to do. 

 

 

Harry Taylor stated there are serious issues in Heritage Isle with roads; the original grading of the properties was not done according to Florida code; and the consequences of that is Heritage Isle has numerous problems in drainage, and the drainage into the roadway systems, which causes roadway degradation.  He presented a PowerPoint of pictures showing numerous flooding on properties.  He stated the code stands as a shield for the residents in purchasing property and requires that the grading of the lot be such as to prevent water intrusion to any portion of the perimeter of the homes; and that is not the case for the majority of the lots in Heritage Isle.  He went on to say this is not a simple mistake, the contractors and engineers who prepared the specifications for Heritage Isle had to know the Florida Statutes covering grading, drainage, floodwater management, and roadway construction.  He remarked for a State License contractor like the Lennar Corporation, and its chief consultant, B.S.E. Consultants, they could not be in business without being aware of the Florida Statutes, and could not stay in business without complying with them if anyone called attention to the problems.  He pointed out degradation in the form of standing water, mold and mildew formation on sidewalks, and the results of a road with water permeating the under roadbed, peculating up through the asphalt in response to the pressure of traffic on the road; and this existing on eight or nine streets in Heritage Isle.  He stated the evidence shown has been witnessed directly by county officials; it has been seen by people in the act of doing core sampling of the streets by Lennar; and that was not a voluntary act on the part of Lennar, it was in compliance with a letter of demand he presented to Lennar demanding that the core sampling be done.  He talked about a letter from Lennar dated February 29, 2012, six days after the core sampling was done and witnessed by county officials who acknowledged the deterioration, and it stated, "We have had a representative from B.S.E. Consultants visually inspect the roads and they have reported no signs of road deterioration or failure."  He stated there are obvious signs of degradation; and stated three county officials have acknowledged the deterioration.  He concluded with an appeal to respectfully ask the Board to instruct the County Manager, Howard Tipton, to conduct a fully independent investigation of the grading, drainage, and roadway deterioration in Heritage Isle.

 

Commissioner Bolin Lewis addressed the County Manager on updates or comments that he could expand upon in the situation at Heritage Isle.  Mr. Tipton explained he and the County Attorney's office have met with Mr. Taylor over the past several months; and there are a number of issues that Mr. Taylor did not touch upon.  He added, the County is looking at some of the construction, as well as the drainage and the road issues; and when it comes to the roads, the challenge has been that they were built in conformance with the standards that were in place, and the requirements that were in place.  He stated the last sampling confirms that the roads were built to the standards; and there is not question the roads are having water intrusion issues.  He added, staff has never seen anything like this, it is very unusual circumstance.  He informed the Board he is not sure how the Heritage Isle community is to go forward.  He stated staff takes the position in that Lennar and the engineer are still responsible for the pavements, and still responsible for the construction, and he thinks they have lived up to some that in going back and making some corrections.  He stated he wished he had a better answer and understood the nature of the water intrusion, but staff does not.  Commissioner Bolin Lewis stated a concern is that Lennar built the roads according to the 2006 code standards, and since that time there have been changes in the codes; and it is the understanding there are still roads that they are going to be putting in.  She asked if the new roads are going to be grandfathered in at the 2006 code standards, or will they be coming up to the new code standard.  Mr. Tipton stated the roads are going to be brought in under the prior code standard.  Commissioner Bolin Lewis commented Lennar needs to look at the 2006 code versus the current one because of what is happening to the roads.   Mr. Tipton remarked the standards that the County provides are minimum standards; many builders and developers go above the minimum standards; and stated the developer did go slightly above the minimum requirements for the sampling that was done.  Chairman Nelson stated the frustration is that everyone is going in a circle and do not seem to be able to figure out exactly what the next step is, and thinks the Board has some duty to figure out what the next step is.  He asked for an analysis from both the legal and the technical side, to try and understand what the options are. 

 

Commissioner Infantini asked if the Board has to approve a change to Lennar's amendment, which would allow the residents to do something, and if the Board does not allow the amendment then they will not be grandfathered in.  Mel Scott, Assistant County Manager, stated there is a rezoning action that is pending, but absent that rezoning action pending, staff is literally befuddled by what it is observing as it relates to some segments of road in Heritage Isle that are just performing in a manner that staff has not seen.  He added to the confounding aspects is that it is a private roadway network; the standards that Brevard County has in place, and the improved standards that are in place, have been satisfactory for hundreds, if not thousands of miles as it relates to roadways performing as one would expect they would.  He noted, something is happening with the ground water, the clays that are exhibited in the stretch of land.  He stated if this were in the County's roadway network, staff would be applying themselves to get to an answer, and staff is encouraging Lennar, as the stewards of the product, to also make good on the stretch of roadway, regardless of what it is, it just is going to take some technical analysis to get to the bottom of it, and to make good on the residents of Heritage Isle investments and expectations as it relates to the life of the roadway.  Commissioner Infantini reiterated the question if the Board does not approve of the amendment then they will not be grandfathered in.  Mr. Scott stated the aspect of Heritage Isle that is subject to a rezoning would lose its grandfathering status if the property was rezoned.       

 

Chairman Nelson asked for a staff report to see what the Board's options are, so it can tell the community it is in a position to assist or not assist. 

 

Richard Brooks stated he is a resident of Heritage Isle, and a retired contractor.  He expressed his concern on grandfathering; he understands grandfathering codes when it is paperwork, and licensing, but does not understand grandfathering codes when it is safety related issues.  He added, if road construction has stepped-up on a new code, obviously it was done for a purpose; and allowing a builder to use old out dated codes because it is easier, puts the Commission in some jeopardy as to approving things that are defective.  He concluded if Lennar was out of the community and the roads were failing the homeowners would all be paying.      

ITEM V.A., PUBLIC HEARING, RE:  RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE EASEMENT ON DELESPINE ROAD, PORT ST. JOHN, UNIT EIGHT - DAVID H. STRIBY

Chairman Nelson called for the public hearing to consider a petition to vacate a public utility and drainage easement on Delespine Road in Port St. John.

 

There being no objections, the Board adopted Resolution No. 12-073, vacating public utility and drainage easement on Delespine Road, Port St. John, Unit Eight, as petitioned by David H. Striby. 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM V.B.,  PUBLIC HEARING, RE:  ONE YEAR EXTENSION OF TEMPORARY USE AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY

 

Chairman Nelson called a public hearing on the approval of a one-year extension of Temporary Use Agreement with Florida Power and Light. 

 

There being no objections, the Board executed Temporary Use Agreement providing a one-year extension 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-construction of the Cape Canaveral Energy Center.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM V.C.,  PUBLIC HEARING, RE:  TRANSMITTAL OF COMPREHENSIVE PLAN PACKAGE 2012-1 PLAN AMENDMENTS

 

Chairman Nelson called for a public hearing on the transmittal of Comprehensive Plan Package 2012-1 Plan Amendments.

 

Robin Sobrino, Planning and Development Director gave a brief overview of the item and added she would recommend that the Board take separate motions on each amendment. 

 

Commissioner Fisher stated the wetlands issue was hashed out well several weeks ago, and he feels that it is a win-win situation for all involved; everyone did not get everything they wanted, but it was a good compromise to a tough issue; stated he has a concern that this is getting opened back up again, and he worries that there will be someone saying that they would like to put St. Johns River Water Management District back on the table; sees some minor changes that do not bother him; and is opposed to major changes. 

 

Chairman Nelson stated one thing between this meeting and the last meeting that did not get addressed was the high functioning wetlands; the Board started at a place where it recognized that there are some isolated, non-functioning, types of wetlands that were constraining development of property; this was not about doing away with all wetlands, it was for identifying those that were non-functioning and considering those, but there was also the discussion about high-functioning; and that came out of the development side of the community and committee.  He stated the change he would like to see is recognition of that concept of  high-functioning wetlands as part of whatever the Board does; so it is clearly articulated and it is not about doing away with all wetlands; it is about identifying those that are most significant and having those considered; and he does not believe there is anyone on the Board who would like to just do away with all wetlands protection.  He added one thing that is troubling about St. Johns is that the mitigation for instance, can allow for any wetland destruction, but the mitigation can occur almost anywhere, and not even in Brevard County.  He advised this is not changing anything, just defining some consideration to those significant wetland areas. 

 

Commissioner Fisher stated he does not know all of the comments that are going to be made today, in the pre-draft agendas that came up with some sections on 5.2.E.3.b., and one of the areas was "shall be protected" and he feels that is too strict; he did not have a problem with V.2.F.2.C., that the property shall have agricultural zoning classification, but a lot of the other things he did have a concern with because he feels the Board hashed that out well.  He stated he feels before conversations were just not good enough, and is worried about that; and stated he does not care to have another four hour discussion on wetlands. 

 

Commissioner Anderson stated he agrees with Commissioner Fisher; none of them got exactly what they wanted, and there is some duplication of effort, but they are getting something; he would like to approve what they approved last time and move on; and does not believe that rehashing will do anything, it just holds everything up; the County is in bad economic times; and this helps, especially North Brevard where Commissioner Fisher has a concern, to make available nice tracts of commercial land to get jobs created. 

 

Commissioner Bolin Lewis stated she did not want to pre-empt all of the speakers, but now that the discussion is rolling, she agrees with Commissioner Fisher on the high functioning wetlands changing from shall be protected to shall be considered for protection; and that those need to be looked at very seriously; the rest of the wetlands that have been contaminated, the Board will deal with those the way it is; and she would be in favor of making that one change. 

 

Chairman Nelson stated there have been some suggested changes from various community members; and that is what the Board is referring to.  He added the section was High Functioning Wetlands and Landscape Level Systems in reference to a discussion the Board had last time around about wetlands being identified through a study; and this is where Commissioners Bolin Lewis and Fisher, have changed verbiage.  He stated they would be more amenable to the second as opposed to the first; and noted it does have the high functioning wetlands referenced in the study, which he believes is critical. 

 

Commissioner Anderson stated "shall be considered".  Commissioner Fisher stated "shall be considered", and that does not mean that it is precluded or unavailable for development; and added that "shall be protected" is a very strict line.  Commissioner Bolin Lewis stated the Board would like some leeway, so the wetlands are individually looked at. 

 

Chairman Nelson stated the Board will hear the speakers, but he wanted to give them a chance to hear to some extent where the Board is at this point in time; and stated it would be beneficial to hear from the public as to what the thoughts are out there on those changes.  He advised on the issue of agricultural lands, he does not know if that is incorporated in the agricultural lands discussion either, and that it is of equal importance; and inquired if there would be any objection to that being in there as well, so it is also considered.  He stated a lot of it is already protected by easement, but he believes it is just as important in agricultural lands as commercial.  

 

Commissioner Anderson inquired if "shall be" was added to that language; stated the agriculture industry is one of the largest industries in his district; and inquired how it would affect the Board's intent. 

 

Ernie Brown, Natural Resources Director, stated the language as he understands it, is "shall be considered" for protection, but not "shall be protected"; if that was a component to be considered as to agricultural impacts, he does not see that as being a magnanimous problem for them.  He added most of the areas that adjoin that agricultural land is the St. John's River, Jane Green Swamp, and Taylor Creek; and they are already under some sort of conservation either by easement or by public holding; and he does not know if that would create a problem. 

 

Commissioner Anderson stated he can concede to shall be, just as long as it does not preclude it; and he would like the intent of the Board to be very clear in the future. 

 

Rosemary Webb stated she is part of the Space Coast Audubon; stated she is interested in keeping the wetlands available Brevard-wide; and she is especially interested in making sensible partnerships between development and conservation.  She commented about bad economic times and emphasized that there is a large non-line item economic impact of having a lot of good habitat in productive wetlands and agricultural land; and she knows with the Rich Grissom Memorial Wetlands, there are people from China, Germany, and Japan that.  She advised some definitions need to be tightened up, corridors are not defined; and there is no specific buffering defined between the easements. She added she is concerned there does not seem to be enough requirements for looking at the downstream effects of certain agricultural works. 

 

Bruce Moia stated he has spoken to many people in the development community through his involvement on several boards and councils; and stated no one got everything they wanted, but they are happy with what they got, and he agrees with the Board. 

 

Alan Jones stated he has lived in Florida for four years; lived in Brevard County for two years; has a degree in Environmental Studies; and has also worked a summer internship at the Natural Resources Defense Council in Washington.  He stated his impression of beach communities is that mistakes were made and the Board cannot go back in time, but a better balance could have been struck between preservation and habitat, including the canopy and some of the prettiest parts that are almost a symbolic couple of acres.  He added the best preservation is over at Kennedy Space Center where the Federal Government has taken over. He advised he is not anti-business, he believes free-enterprise is the most important thing in this country, but relying too much on development is a short-term economic engine, and the Board needs to look long-term.  He added a lot of tourists come to Brevard County; one of the best things it has is the environment; and he encourages the strictest interpretation the Board can in delineating what constitutes a wetland.

 

Vince Lamb stated he attended a workshop and several speakers stated that in order to preserve nature the community needs a healthy economy, conversely a healthy economy and a community often depends on preserving natural beauty as well as historical and cultural resources; and examples were given where leaders took bold steps to preserve natural resources that later resulted in larger economic benefit. 

 

Mike Moehle stated he was part of the wetlands working group; one thing he was not aware of is that the Agenda summary states that Brevard County Zoning Code establishes a twice a year application deadline, and up until last year that was a statutory requirement, but he does not understand why that is a requirement of the County.   He advised that maybe the Board can take up amendment plans on a timelier basis and not have three different amendments like there are today; and when times were better the Agenda was packed with dozens of them.  He added it helps to promote growth, but when people come to town and are told that they may need a Comprehensive Plan amendment and the cycle is six months away, it could deter growth and development.  He advised the properties that are at issue here are not pristine wetlands; they have, for the most part, been zoned Commercial Industrial Use for 15 years, many of them since Zoning was established in Brevard County in 1958; the Planning staff developed a lot of very useful maps for the Working Group, which depict what he is talking about and show the intersections with half-mile circles around them; Natural Resources has a website dedicated to this issue; and none of the maps that were prepared for the Working Group are on that website.  He stated he would like to see those maps put on the website; a lot of the controversy could be eliminated if people could go online and look at the resources that are already available; added, the maps depict redeveloped properties, show wetlands, and properties to the extent of governmentally owned conservation lands in the County.  He stated there were three items for wetland restoration work to be conducted on Environmentally Endangered Lands (EEL) property as mitigation for wetland impacts; and he knows at least one of those projects is a commercial project; and that project has to be in the city because commercial projects in the county are currently prohibited.  He stated the idea that the County will be impacting the wetlands of lesser quality on commercial corridors and interchanges and the mitigation work; and the EEL program could be benefiting even more over these activities; and stated he believes that is something Chairman Nelson is adamant about.  He stated there is no mention of the fact that this item went in front of the LPA and was approved unanimously with no changes; and he agrees with Commissioner Bolin Lewis' recommendation as well. 

 

Chairman Nelson stated the Board has been waiting to see what the Department of Economic Opportunity requirements for review were going to be. 

 

Mel Scott stated the Department of Economic Opportunity now allows for amendments to be submitted at any time; Brevard County Code allows for private interests to pay for amendments to the Comprehensive Plan anytime; and stated the Board was simply referencing this as the Codes established at minimum that the Board of County Commissioners would sponsor so-to speak. 

 

Mr. Brown stated the maps are online for anyone's review. 

 

Vince Jackson, Chairman of Government Affairs of Space Coast Realtors; Don Simms, Home Builders and Contractors Association; and Rodney Honeycutt stated they agree with the language and would like to see the Board move forward with the Comprehensive Plan Amendments. 

 

Sandra Clinger, The Partnership for Sustainable Future stated she does not support the policies as written; they go too far, but she feels the changes are going in the correct direction.  She added she does not believe these policies as written do as they are intended to do based on guidance of F.S. 163; the language is supposed to be meaningful and predictable; and she does not believe any one of the Board members could show her exactly where a commercial corridor is going to be.  She inquired how many acres of wetlands will be impacted; and how the language change would help future commissions.  She advised the Board is supposed to be protecting and conserving wetlands and their natural functions, which is very important to this community; and it is supposed to be directing these future land uses away from these wetlands.  She believes the policies as written substantially weaken existing wetland protection in Brevard County, are not measurable or predictable, and do not protect the functional values of the wetlands.  She stated everyone describes wetlands as a little, contaminated, puddle of water; that is not what is being talked about in many, or most of these cases; and it makes no distinction between the high quality, large systems, small systems, or estuarine wetlands, which Brevard has so few left.  She added Brevard's green infrastructure is as critical, maybe even more critical to the sustainability, livability, and economic recovery of this community, than perhaps any other infrastructure; and stated the wetlands are reservoirs for groundwater, filter pollution, trap sediments, bacteria such as E-coli, and heavy metals; and advised that one-acre of wetlands can hold 1.5 million gallons of flood water.  She added wetlands offer extreme bio-diversity, they are one of the most productive biological systems on the planet; when looking at a recent article in the paper, the number two reason people are coming to this community to visit is wildlife; and advised the wildlife will not be there if their habitat is not protected.  She stated with the way mitigation is going currently, the studies have demonstrated there is a non-parody between wetlands that are being lost and what is being mitigated for; a forested wetland is lost along with the functions it provides, and policy allows for a salt marsh to be put in; they are completely different things; and the net effect is a loss of wetland diversity, hydrologic function in biological communities, and are turning from a diverse system of wetlands to a very homogenized system, such as ponds and salt marshes; the harder types to mitigate for are not being mitigated for.  She stated the problem with that is they are being lost and the changes that are being made is effecting the hydrology and the ability to maintain the existing and remaining wetland areas, and the ability to fix it if it is messed up, just like the Everglades.  She added she is happy to see an ecosystem based study and believes it has been needed for a long time; and stated the policies need more standards on the protection of the wetlands in the conservation element. 

 

Linda Behret, Chair of the Turtle Coast Sierra Club Chapter stated the Sierra Club supports some of the plan amendments, but has concerns on two areas; the corridor language is undefined; and there are some problems with the agricultural.  She added the biggest area of concern is protection for high functioning wetlands and the landscape level systems of connected wetlands; and stated it is hard to know how much protection they need until there is a study completed.  She stated there are five areas of high functioning wetlands, twenty-five areas; and inquired if they are all connected, or are some of them connected to each other, and can the Board afford to just consider protection for some, because there are others that will be protected, or does it need to protect all that it has.  She advised she would like to see that study done and also a buffer to be put in place on the agricultural lands that border the public use lands.

 

Mary Sphar stated in regards to the corridor language, no one seems to know quite what it means; and the corridor language states 'shall include', but she feels it should be limited to established areas of commercial character; and she suggested it should say it is limited to areas of established commercial character and existing commercial development.  She stated in the agriculture uses, there is some land that is low functioning and might need to be excavated for land alteration activities; she suggested that the agriculture language is limited to land alterations; and noted that is what the Working Group did with the flood plain language. 

 

Antonio Rovira, East Merritt Island Homeowners Association Vice President, stated they are completely opposed to any construction and/or development on wetlands in unincorporated areas or communities, such as Merritt Island. 

 

Bob Wille stated he supports the transmittal of the Comprehensive Plan; and concurs with the professionals that have spoken.

 

Carol Hamilton stated she would like the high functioning wetlands and connective corridors to be protected; allow the wildlife to survive and mate; and keep the tourists and birders coming to this County.  She stated the corridor language is troublesome, which allows wetland destruction along existing or future roads to be chosen at a later date; and would allow destructive flooding as concrete and asphalt replace wetlands.  She advised some attorneys would lead anyone to believe that wetlands are useless, but they act as sponges as Sandra Clinger had said previously.  She added she would like to see language added to protect high functioning wetlands and agricultural areas from industrial use.

 

Mike Daniel stated he is in opposition to the wetland portion of the Comprehensive Plan, and that it needs to be more specific so that the wetlands are not compromised away. 

 

Kathleen Burson stated she believes what she is hearing is a consensus that the Board needs to be scientific in its approach and continue to not allow impacts to highly functioning wetlands. She advised it will require studies and evaluations of wetlands of the various functional values; including connectivity, buffering of other protected areas, such as the Jane Green Swamp, the St. Johns River Flood Plain, and the Indian River Lagoon.   She stated size is a criteria, small wetlands should not be discounted if their functional values rate high; even small seasonal wetlands can be highly productive of bio mass; and asked the board to think of functional value as the Indian River Lagoon, and fishing, shrimping, recreation, flood protection, nesting for waterfowl, food for hawks, eagles, and osprey, and how important they are to Brevard's economic and everyday quality of life.  She added the functional values of all wetlands are all important in similar ways, all functioning wetlands produce food; and waterfowl cannot be supported without wetlands.  She added waterfowl all over the world are in crisis due to wetlands destruction; and requested the Board be responsible and balanced with the wetlands and uplands.  She added the green infrastructure is more than environmentally significant, one of the comments of Ed McMan at Titusville's very recent Balancing Nature and Commerce Workshop was this: "Community image is critical to economic vitality and quality of life.  We have a choice, we can plan for growth and development that respects the community and the environment; we can set patterns of development where and how it will happen."; and this is what he said about successful communities: "Successful communities have vision; they take inventory of their assets, they design around their assets, not building over them.".  She added the point of success here is that the natural assets define the pattern of development and not the other way around; this was a major point of balancing nature and commerce.  She advised Brevard County has some unique assets as well, wetlands, scrubs, pine flat woods, ecosystems are at first glance not as compelling, but they offer experiences of wildlife, birding, kayaking, fishing, and hiking unlike anywhere else. 

 

Mary Hilberg stated the corridor idea was thrown together and is a very bad idea that will hurt Brevard; and the protection of the high functioning wetlands is good, but it is also good to have the cumulative effect of the small wetlands.  She stated in 2008, there was an Economic Assessment and Analysis update for the Indian River Lagoon; and it covered all of the Counties.  She added it took each one of the counties that were in it and talked about the economic value of the different recreation, ecotourism, real estate values, and boating, and came out to $1.25 billion for Brevard County alone.  She advised with a new study the Board could compare and contrast and go from there. 

 

Paul Schlueb stated he has seen a lot of changes and has worked in all phases of construction over the years, and would like to see the valuable ecosystems intact for years to come.  He added he does not feel the language is strong enough for protection and the ecosystem studies need to be taken into account more. 

 

Jack Selman stated he is conflicted with the wetlands issues; he has friends with borrow pits, and friends who work in the Enchanted Forest.  He added he understands what it is like trying to get all of the wording correct on the wetlands documents because he has had to do it himself when he worked out at the Cape.  He inquired if people choose to go in the wetlands around him and push out the muck and backfill it with sand and compactable materials, where is that water going to go.  

 

Deborah Longman-Marien stated there is a lot to offer for quality of life; and wildlife and nature activities are a big thing here in Florida; and she would like to see that quality of life maintained here and part would be keeping as much of the natural beauty and ecosystems intact in this County. 

 

Sandra Pesce stated she is against building on the wetlands and stands behind all of the other speakers. 

 

Jim Egan, Marine Resources Council stated the Indian River Lagoon has, naturally, fewer wetlands attached to it than any estuary on the Atlantic Coast according to scientific data.  He added it has preferentially had more of its wetlands impacted than any other estuary along the Atlantic Coast.  He added he would like the development to happen more so in the corridors; and did not want this excuse just to develop throughout the entire County in sensitive areas. 

 

John Schantzen stated if there is a wetland that needs to be developed, it needs to be developed as a mitigation site; that way the County could have the wetlands, and the profit from the wetland.  He advised if acres and acres of wetland are paved over and replaced with 100 foot wide retention ponds, the water is going on a neighboring property; and pleaded with the Board to save the wetlands and consider the language. 

 

Robert F. Shaw, American Society of Civil Engineers, stated his biggest concern was the definitions; when the maps were brought out, that was the biggest eye-opener he has had; and the maps and definitions need to stay updated and on the website. 

 

Jenny McVicker stated she would like to see more support in the language; and reiterated some of the other points of the other speakers who were opposed to the Comprehensive Plan. 

 

William "Tuck" Farrell stated the Board needs to do some good planning and have good sense.  He advised he is for the environment and jobs; and stated he agrees with Commissioner Bolin Lewis' language change. 

 

Douglas Sphar stated a number of years ago, the water management district purchased properties, convened and appointed a board to advise them on the uses of the property; and would like to see the wetlands buffered and the language to protect the wetlands. 

 

Beverly Morgan stated she is a registered republican, and does not care about birds or animals, or conservation like these so-called tree huggers; she just care about making money and lots of it; Florida's economy has always been based on construction; and it can keep building and provide good minimum wage jobs.  She added that is just wrong; Richard Nixon was a great conservationist; under his direction there was the clean water act and the clean air act; and she subscribes to a lot of nature magazines; and one of them did a series on what good a tidal pool and wetlands are.  She stated George Bush, Sr. enacted the no net loss of wetlands laws; and there is a loss, there are not enough wetlands; if it was not for canals and drainage, Floridians would be walking around in ankle deep water; and stated she would like to see the wetlands better protected. 

 

Commissioner Anderson inquired if there are required buffers on agricultural lands that are required to be maintained.  Mr. Brown responded as it relates to mining issues, in County Codes and St. Johns River Water Management District, requirements on prohibition on the impact to the hydrology adjacent or adjoining wetland systems.

 

Commissioner Infantini expressed thanks to the speakers who showed up; and stated from her understanding, when reading the Comprehensive Plan, the Board will not be paving over all of the wetlands, and she would not be for that.  She added there are a lot of safeguards that were out in place since some of the developments have been built to prevent the flooding that has taken place; and stated she is for the Comprehensive Plan with the proposed change in wording. 

 

Commissioner Anderson stated a lot of people have talked about planning and studying; this has been a long process with a very diverse group of people who came up with a compromise, and he supports the motion. 

 

Commissioner Fisher inquired when the working group study actually started.  Mr. Brown responded early 2010 is when the flood plain and wetland working groups began. 

 

Chairman Nelson stated his frustration is with the State of Florida; a lost wetland is still a lost wetland even with mitigation, because mitigation created wetlands have limited success; and noted the Grissom wetland is there because it is part of a filtration system for a sewer plant.  He stated while it is remarkable what was done with that, he would not like to use that as a model for all wetlands preservation.  He advised the State does allow destruction of wetlands, if someone has enough money they can destroy a wetland; that is the way it works; and he saw things used during the boom that he would never have a imagined could ever get a permit.  He stated there are two houses and three vacant lots in the middle of an estuarine wetland on Merritt Island off of Banana River Drive.  He added he wished the Board had a better plan in place, but it has at least gotten to a better place in terms of the study; stated he feels the discussion has to continue; the reality is the Board's desire to move forward; and it needs to make sure of a couple things, one is that there is a good mechanism in defining the corridors, he does not believe all roads are corridors; and the Board needs a more detailed discussion about the study itself. 

 

The Board approved language for the 2012-1 Comprehensive Plan Amendment Package, as follows: 1) Plan Amendment 2012-1.1, approved as recommended; 2) Plan Amendment 2012-1.2, approved as recommended; 3) Plan Amendment 2012-1.3, withdrawn; 4) Plan Amendment 2012-1.4, approved with added language to 5.2.E.3.b (Commercial Corridors), that reads: High functioning wetlands shall be identified through a study, and these wetlands shall be considered for protection.  By 2013, the wetland study shall be completed, and the resulting corridors shall be specifically identified in the land; 5) Plan Amendment 2012-1.4, approved with added language to 5.2.F.2 (Agriculture), that reads: The property shall have an agricultural zoning classification.  High-functioning wetlands and landscape-level systems of connected wetlands shall be identified through a study, and these wetlands shall be considered for protection.  By 2013, the wetland study shall be completed, and the resulting corridors shall be specifically identified in the land development regulations 

ITEM V.D.,  PUBLIC HEARING, RE: RESOLUTION  DESIGNATING CERTAIN AREAS WITHIN UNINCORPORATED BREVARD COUNTY AS  A BROWNFIELD AREA

Chairman Nelson called for a public hearing to consider designating certain areas within unincorporated Brevard County as a Brownfield Area.

 

Howard Tipton, County Manager, stated this is a project located on Sea Ray Drive in Merritt Island, called Vectroworks; they would like to occupy some of the space; and as part of its economic development strategies, they are requesting for designation as a Brownfield area. 

 

There being no objections, the Board adopted Resolution No. 12-074, designating Vectorworks Merritt Island, LLC's property, located within unincorporated Brevard County, as a Brownfield Area.  

 

MOVER:            Mary Bolin Lewis, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman/Commissioner District 5

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM VI.A., PERMISSION TO REJECT ALL BIDS RECEIVED IN RESPONSE TO BID #B-3-12-48, RE:  CHAIN OF LAKES SOUTHERN EXPANSION PROJECT

 

The Board authorized Purchasing Services to reject all bids submitted for the Chain of Lakes Southern Expansion Project; granted permission for staff to re-solicit bids under revised specifications; and authorized the Chairman to execute the resulting contract. 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM VI.B., RECOMMENDATION FOR DENIAL OF SETTLEMENT OFFER, RE:  BREVARD COUNTY v. RKT

 

The Board denied the settlement offer of $900,000 in the case Brevard County v. RKT; and approved the Board making a counteroffer in the amount of $1.7 million to settle all claims. 

 

Howard Tipton, County Manager, requested a clarification on the motion.  Chairman Nelson responded it would be a motion on the option to continue litigation. 

 

MOVER:            Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM VII.A.1., CONTRACTS FOR EASEMENT ACQUISITION, RE:  SARNO LAKES PHASE II DRAINAGE PROJECT

 

The Board authorized staff to make reasonable offers to purchase easements needed for the Sarno Lakes Phase II Drainage Project; and authorized the County Manager to sign the Contracts for Purchase of Easement Rights on behalf of the Board of County Commissioners. 

 

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ITEM VII.C.1., STIPULATED PARTIAL FINAL JUDGEMENT, RE:  BARNES BOULEVARD WIDENING PROJECT PHASE 1 - SUMERSET FLORIDA, LLC AND 7-ELEVEN, INC.

 

The Board approved Stipulated Partial Final Judgement as to Parcels 140 and 727, as shown in Exhibit "A"; and approved separate payment of $7,128 into the Court Registry for payment of the statutory attorney's fees for the land value portion of the case. 

 

MOVER:            Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Nelson, Anderson, Bolin Lewis, Fisher, Infantini

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ITEM VII.D.1.,  APPROVAL, RE:  CREATION OF INTERLOCAL AGENCY RESOLUTION

 

Howard Tipton, County Manager, stated the Item was put on the agenda late Friday and it has a very compressed time frame, which is the only reason for added it on in such a manner.  He provided a PowerPoint presentation on the I-95 Acceleration Project.  

 

The following individuals spoke in opposition to the Interlocal Agency Resolution: Dale Young, Dave Pasley, and Peter Fusscas. 

 

The Board adopted Resolution No. 12-075, directing staff to proceed with the creation of an Interlocal Agency which would issue debt finance to capital projects within the County.

 

MOVER:            Andy Anderson, Vice Chairman/Commissioner District 5

SECONDER:     Mary Bolin Lewis, Commissioner District 4

AYES:                Chuck Nelson, Andy Anderson, Mary Bolin Lewis, Robin Fisher

NAYS:                Trudie Infantini

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ITEM VII.E.1.,  CITIZEN REQUEST, RE:  TOBY NAPIER - BACKYARD POULTRY

 

Toby Napier requested approval of backyard poultry, excluding roosters, on residential lots having a minimum of .20 acre in un-incorporated residential neighborhoods, and a preliminary number of poultry to be allowed would be two fowl per .10 acre of property.  

 

The following individuals spoke in favor of backyard poultry:  Penny Norrie, Margaret Goydelod, Susanne Richmond, and Andy Schneider.

 

The Board directed staff to come back with a report on what is occurring in various communities around the area, and to have discussions with different organizations that could be affected relating to raising poultry on non-agricultural property. 

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ADJOURNMENT

Upon consensus of the Board, the regular meeting was adjourned at 3:16 p.m., and the Board went into Executive Session, Re:  Kahama VII v. Brevard County et al; Case No. 6:12-CV-16-0RL-19KRS. 

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EXECUTIVE SESSION, RE:  KAHAMA VII v. BREVARD COUNTY ET AL; CASE NO. 6:12-CV-16-0RL-19KRS

The Brevard County Board of County Commissioners will meet for the purpose of discussing settlement negotiations and/or strategy related to litigation expenditures in Kahama VII v. Brevard County et al; Case No. 6:12-CV-16-0RL-19KRS.  The persons attending the attorney-client private meeting will be Robin Fisher, Commissioner of District 1; Chuck Nelson, Commissioner of District 2; Trudie Infantini, Commissioner of District 3; Mary Bolin Lewis, Commissioners of District 4; Andy Anderson, Commissioner of District 5; County Manager Howard Tipton; County Attorney Scott Knox; Christine Lepore, Assistant County Attorney; and Angel Hampton, Brevard Associated Court Services, Inc.  The attorney-client private session will be held in the County Manager's Conference Room, Third Floor Building "C" at the Brevard County Government Operation Center, 2725 Judge Fran Jamieson Way, Viera, Florida, 32940.  The estimated length of the attorney-client session is one hour or less.