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 Reverend Shepp Lawrence, Merritt Island Presbyterian Church.     

Commissioner Trudie Infantini led the assembly in the Pledge of Allegiance.

 

 

The Board approved January 24 and February 7, 2012 Regular Meeting Minutes, and February 2, 2012, Zoning Meeting Minutes.

 

 

 

 

Commissioner Fisher read aloud, and the Board adopted Resolution No. 12-030, congratulating the Indian River City Little League (IRCLL) as they celebrate their 50th anniversary; and expressed appreciation to all the volunteers, its gratitude to the community for its support through sponsorship's and donations, and wished the IRCLL players, coaches, and families good luck in the upcoming season.

 

 

 

 

Howard Tipton, County Manager, reminded everyone that Brevard County is in fire season; firefighters responded to a blaze on SR 50, which reached up to 350 acres thanks to wind and dry conditions; and asked to please use extreme caution.

 

Howard Tipton, County Manager, announced on March 22, 2012 there will be a community celebration about United Way; their goal was $7 million, and it exceeded that by reaching $7,490,139.  He added, Brevard County was a big part of their goal with increasing its campaign by $13,495; and thanked Ian Golden, Housing & Human Services Director, for his great leadership in the campaign.  He went on to say Brevard County United Way is seventh in the nation, in terms of growth of their campaign over the past 10 years; and charitable giving is an indication of Brevard's economic health. 

 

 

 

Commissioner Infantini read aloud, and the Board adopted Resolution No. 12-031, congratulating Lillian Phillips on her 105th Birthday, and wished her many more birthdays to enjoy good tasting "Soul Food".

 

Lillian Phillips and her family expressed their appreciation to the Commission for the Resolution.

 

 

 

Commissioner Fisher congratulated Commissioner Bolin on her new marriage.

 

 

Commissioner Bolin congratulated Dr. Mark Brimer for the induction into the National Commission on Aging, Falls Prevention Hall of Fame.  She added, Dr. Brimer made the difference in the lives of senior's in Brevard County by implementing the Falls Prevention initiative.   

 

Commissioner Bolin stated she attended the 2012 Valkaria Air Fest; and mentioned World Champion pilot Patty Wagstaff's tremendous aerobatic pilot abilities. 

  

 

 

The Board approved waiving the required Space Coast Area Transit (SCAT) bus fare for those Veterans traveling to the Homeless Veteran Stand Down at the Veterans Memorial Center on March 31, 2012. 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Nelson stated he attended the Space Club and Kennedy Space Center events celebrating the 50th anniversary of the Orbital Space Flight.

 

 

 

The Board acknowledged recommendations of the Brevard Marine Advisory Council regarding Senate Bill 958 - relating to Airboats and House Bill 1103 - Relating to Ordinary High-Water Mark; and directed staff to forward the recommendations to the Legislative Delegation.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed Binding Development Plan Agreement with Edgar G. Mayorga for property located on the west side of  Fan Palm Avenue, approximately 960 feet south of Cabbage Palm Street.

 

 

 

 

The Board executed Binding Development Plan Agreement with Thomas A. and Frances P. Spina for property located on the east side of Fan Palm Avenue, approximately 300 feet south of Date Palm Street.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board granted permission to apply to the Tiger IV Grant Program for the St. John's Heritage Parkway construction funding in the amount of $30,700,000.

 

 

 

 

The Board accepted two easements from The Viera Company, Inc. for purposes of construction and maintenance of a sanity sewer and a reclaimed water line for the Viera Medical Park to be located at the northeast corner of Stadium Parkway and Wickham Road in Viera.

 

 

 

 

The Board approved and accepted a Temporary Construction Easement adjacent to the proposed new access road and entrance way into the Chain of Lakes Park for property located at the southeast corner of the intersection of U.S. #1 and Dairy Road lying in Section 28, Township 21S, Range 35E.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board authorized piggybacking on the City of Tallahassee's Bid #1493 for the purchase of a Truck Mounted Sewer Cleaner from Environmental Products of Florida Corporation in the amount of $309,599.04.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed Amendment No. 1 to Task Order 4 with Hazen and Sawyer, P.C. to proceed with testing and consulting services for Total Trihalomethanes and Haloacetic Acid (TTHM/HAA5) reduction in the Mims water system; and authorized any associated budget changes.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Budget Change Requests, as submitted.

 

 

 

The Board executed Agreement with Homes for Independence Space Coast Inc. for acquisition and rehabilitation of affordable housing for low income families; and authorized the Chairman to execute any future amendments or subsequent modifications to the Agreement, upon approval by the County Attorney and Risk Management. 

 

 

 

 

The Board executed the First Amendment to Interlocal Agreement with the City of Titusville for stormwater and park improvements at the North Brevard Senior Center. 

 

 

 

 

The Board executed a one-year contract extension with VPSI, Inc. for vanpool fleet management and services for Space Coast Area Transit (SCAT). 

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution No. 12-032, qualifying United Service Source, Inc. (USSI) as an eligible business under the County's Tax Abatement Program, and authorized a public hearing to consider adopting an exemption ordinance.

 

 

 

 

Commissioner Infantini discussed the Economic Development Commission (EDC) Annual Audit; she stated it was disclosed in the financial statements that the EDC receives a fifteen percent contribution to their retirement plan; and the employees that work for Brevard County have six percent contributed on their behalf by the County, they contribute three percent of their own money, bringing it up to nine percent.  She suggested, moving forward, it may be an area the Board could cutback some to make the EDC on par with County employees.

 

The Board acknowledged the Economic Development Commission of Florida's Space Coast FY 2010-2011 Annual Audit prepared by Janes, Dinho & O'Keefe LLP, CPA.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution No. 12-033, for a local cash match for a Qualified Targeted Industry Tax Refund in support of Project Fates.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board appointed/reappointed the following:  Napoleon Carroll to the Community Action Board, with term expiring December 31, 2012; Glenda Fox to the Community Development Block Grant Advisory Board, with term expiring December 31, 2014; Gerald Hirt to the Contractor's Licensing Board, with term expiring December 31, 2012; Adrienne Herrell to the North Brevard Library District Board, with term expiring December 31, 2012; and Arthur Schricker to the Spaceport Commerce Park Authority, with term expiring February 21, 2012.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Billfolder, as submitted.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider vacating a portion of a public drainage easement (Riverwalk Project).

 

John Denninghoff, Public Works Director, stated the item also includes acceptance of a drainage easement; the petitioner has requested vacating of five-feet of an existing drainage easement and they are also providing a drainage easement that completes the remainder of the existing easement; and staff has received no objections to the petition. 

 

There being no further comments of objections, the Board adopted Resolution No. 12-034, vacating a portion of a public drainage easement as recorded in Official Records Book 1916, Page 523 in Section 17, Township 27, Range 37 East.  

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider a resolution accepting improvements and adopting the final assessment roll for the Powell Road Dirt Road Paving Municipal Service Benefit unit.

 

John Denninghoff, Public Works Director, stated this is the final item on the project, which has been completed to pave Powell Road; the cost is sixteen percent below that which was projected at the beginning; and staff has received no objections.

 

There being no further comments or objections, the Board adopted Resolution No. 12-035, accepting improvements and adopting the final assessment roll for the Powell Road Dirt road Paving Municipal Service Benefit Unit. 

 

 

Chairman Nelson inquired if this item could be streamlined as it had been before the Board several times.  Mr. Denninghoff stated staff could look into streamlining this item; the process put in place by Code and Policy; and staff would welcome that.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider an ordinance amending the transportation impact fee moratorium which is set to expire on new construction activity that does not receive a building permit before March 1, 2012.

 

There being no objections, the Board adopted Ordinance No. 12-06, amending Ordinance No. 09-08E, imposing a two year moratorium on the collection of transportation impact fees from residential or commercial projects; providing for an extension of the moratorium; providing for severability; providing for an area embraced; providing for an effective date; and providing for inclusion in the code. 

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Robin Fisher, Trudie Infantini, Mary Bolin, Andy Anderson

NAYS:                Chuck Nelson

 

 

 

Chairman Nelson called for the public hearing to consider an ordinance amending Chapter 62, Section 62-1953 - Tower Regulations.

 

There being no objections, the Board adopted Ordinance 12-07, amending Article VI, zoning regulations, specifically amending Section 62-1953 - Towers and Antennas; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the code of ordinances of Brevard County, Florida.

 

 

 

 

Chairman Nelson called for a public hearing to consider an ordinance granting economic development tax exemption for East Coast Paper Stock, Inc.

 

There being no objections, the Board adopted Ordinance 12-08, granting an economic development ad valorem exemption to East Coast Paper Stock, 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; East Coast Paper Stock, Inc., providing an effective date.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider an ordinance granting economic development tax exemption for Confidential Project - Project Speed.

 

Commissioner Infantini asked staff to work diligently to find out if there is a way to prevent money when it is not being collected by Brevard County, from then having to be put back into any economic zone, whether it is the economic zone or any Community Redevelopment Area (CRA).  She added, it is funding the County does not have available, yet now it is turning around and putting the tax abatement monies back into the economic zone, and she does not know where the funds are coming from.  She stated she will be voting for the item in hopes that it will be able to prevent the funds going in when the business finally starts.  She reiterated she does not know where the funds are going to come from, unless the four Commissioners would like to raise the tax rates, and she is not in favor of it; and she does not know where the General Fund money is going to come from to pay for this.

 

Howard Tipton, County Manager, stated staff is in discussion with the Property Appraiser's Office to review some of the past practices; there was a change in the law and it is apparent to the legal counsel, and he believes the Property Appraiser's Office is in agreement with this, that the practice of not collecting funds for an abatement, and then having to pay the CRA as if those funds had been collected is a practice that will not be continuing.  He added, staff will be continuing to work with the Property Appraiser's Office to see if staff can get it implemented.

 

Commissioner Fisher stated when he started the economic development zone, he purposely excluded the City of Cocoa, the CRA's in District 1, so that the County would not have to do this; and he has always been supportive of it.

 

Chairman Nelson stated if the project proceeds, it will create 1,357 new jobs.

 

There being no objections, the Board adopted Ordinance No. 12-09, granting an economic development ad valorem exemption to project speed; 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; project speed, providing an effective date.  

 

 

 

 

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

 

Stockton Whitten, Assistant County Manager, stated the item will come back at the March 1, 2012 Zoning meeting because of the advertising requirements, which is one of the hearings has to occur after 5 p.m.

 

The Board continued to the second public hearing consideration of resolution designating certain areas within Brevard County as a Brownfield Area, to the March 1, 2012, Board meeting.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Stockton Whitten, Assistant County Manager, stated staff has worked with a financial advisor to come back with a financing structure for the two facilities; and the proposed structure is a amount not to exceed $6 million, advertised over 20 years at an estimated interest rate of 2.62 percent.  He added, using that in rate staff believes it could be easily absorbed within the lease payments that were previously committed to the Byrd Plaza space; and the Sheriff has committed to payment of the financing for the facility through non-ad valorem sources.   

 

Dave Pasley questioned using forfeiture funds to finance the Sheriff's facility; stated according to Statute 932.7055, there are very limited things that the forfeiture can be used for, and buildings are not one of them; and this has gone to State agencies offices three times.  He added, anytime it had to do with issues of buying equipment for Sheriff's cars or adding to the Sheriff's facility, the agencies opinion was that was not governed by the Statute, and should not be allowed.  He stated if a building is to be built for the Sheriff it should be built out of the normal tax-base.  He added, the Board is back to the issue of issuing bonds without going to referendum; and stated Article 7, Section 12, of the State Constitution says this cannot be done, either amend the Constitution or stop issue bonds without going to referendum.  He further expressed his concerns and offered suggestions; and he asked the Board not to approve so that staff can find a better solution. 

 

Mr. Whitten explained these are federal forfeiture funds, and there is no prohibition against utilizing the dollars for the intended use.

 

Sheriff Jack Parker stated State forfeiture dollars are very restricted on how they can be spent, that is why he is not asking the Board to spend State forfeiture dollars in that manner.  He added, he is asking to use federal forfeiture dollars, where there is much more of a discretion and ability to use the funds to build law enforcement facilities.  He added, the County has about a $1 million in federal forfeitures, which should give the Sheriff's office three years of debt service payments; and the goal is to try to get it paid off as additional federal forfeiture come in.  

 

Scott Knox, County Attorney, explained Article 7, Section 12 of the State Constitution; stated it applies to pledges of ad-valorem to repay the bonds, and this would be a pledge of non ad-valorem taxes, so the referendum does not apply. 

 

Commissioner Fisher expressed concern on the debt service of $4 million; and asked if it was the intention of the Sheriff's Department to earmark for payment.  Sheriff Parker responded yes, the intention is to be debt free.  Commissioner Fisher asked for the option that the money get transferred to Brevard County Commission control whenever the federal dollars come in.  Sheriff Parker stated that would be fine, and the dollars cannot be diverted for other purposes.  Mr. Whitten stated staff would formalize that in the agreement with the Sheriff's office and it will come back to the Board.

 

Commissioner Infantini expressed concerns on why the Board would like go forward and build a new building at a cost of $4 million when there is an existing building, Patch Communications, in place that would be taken off the real estate market, and cost the Board $2 million.  She added, she does not want to go borrow money when there is cash available in the Sheriff's budget.  Commissioner Anderson stated in addition to the cost that the Sheriff would have to pay for upgrades, the Board would be coming out about $3 million for a old 1970's building; and he will vote against it. Commissioner Anderson further expressed concerns on buying old buildings and renovating them for law enforcement.  Chairman Nelson stated the renovation cost of a undersized building will cost over $4 million for a building that would have to be evacuated because it is in the flood zone; and he thinks the Sheriff used great desecration by going out and looking at every building available in Titusville.

 

Commissioner Infantini stated the Supervisor of Elections had built into her budget $2 million dollars for equipment and ended up not needing the equipment; that is an extra $2 million to put toward her acquisition.  She added, the Sheriff stated he has $1 million available and asked why he is going to borrow the $4 million instead of $3 million; and when checking the Sheriff's financial statements, it has over $9 million in cash; and again asked why would he borrow money when cash is available right now.

 

The Board adopted Resolution No. 12-036, authorizing issuance of a Revenue Note to finance construction of a new North Brevard Precinct Patrol Facility, and acquisition and renovation of an Election Support/ County Storage Facility.      

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

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

NAYS:                Trudie Infantini

 

 

 

The Board appointed Theresa Clifton, member of non-profit incorporated animal shelter or placement organization; Nancy Calderone, member of non-profit incorporated animal rights group; Nancy Allen, member of non-profit incorporated animal enthusiast or rescue group; Arden E. Larsen, Florida Certified Veterinarian or Vet Tech; and William Mares, At-Large Member, to the Animal Advisory Board.

 

 

 

Ned Keller stated the Brevard Library Foundation wishes to lease from the Cocoa Library a space for a cafe; the cafe would be ran by a vendor, hired by the Foundation, and the monies that come from the vendor would come to the Foundation, and from the Foundation to the library system. 

 

Commissioner Infantini questioned the Foundation looking to lease the property for $1.00 per year, and the increase in cost to the library will be more to cover the cost of the utilities.  She stated she would like to see the lease agreement cover the cost of the utility increase.  Mr. Keller stated the cost of renovation is estimated to be up to $75,000, all of which to be paid by the Foundation; the monies that it gains, ranging anywhere from $12,000 to $24,000 per year, will go directly back to the library.  Commissioner Infantini suggested letting the Board go out to bid for the vendors; the Foundation could still do the renovations, but then funding would go right back into the library.  Mr. Keller stated the Foundation wishes to create a consist stream of income; raising money now is quite difficult for a foundation like theirs; and what it would like to do is guarantee that each year the foundation will receive monies to give back to the library system.

 

Stockton Whitten, Assistant County Manager, clarified stating the utilities in the agreement, which calls for the Foundation to have a separate meter for this facility; and in the agreement it is contemplated that the Foundation would provide for the increase in the utility expenses. 

 

Cathy Schweinsberg, Library Services Director, stated the rent the Foundation would be charged is $100 a year, not a dollar.  

 

The Board adopted Resolution No. 12-037, authorizing the lease of County property, Central Brevard Library and Reference Center lobby, to the Brevard Library Foundation; and executed Agreement of a lease of lobby space to the Library Foundation for operation of a Library Cafe. 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved an extension of Complex Cafe contract to September 30, 2019, to allow amortization of improvements to the Cafes at the Government Center and Moore Justice Center over a seven and one-half year period.

 

 

 

 

Robert W. Hunter commented on concerns and offered suggestions on taxi fares in Brevard County.

 

The Board directed staff to meet with the taxi community to better understand the extent of the taxi fares in the community.  

 

The Brevard County Board of County Commissioners recessed its regular meeting for the purpose of discussing settlement negotiations and/or strategy related to litigation expenditures in Brevard County, Florida v. Sumerset Florida, et al; Case No. 05-2011-CA-031229-XXXX-XX.  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, Commissioner of District 4; Andy Anderson, Commissioner of District 5; County Manager Howard Tipton; County Attorney Scott Knox; Eden Bentley, Deputy County Attorney; Margaret Eddy, Brevard Associated Court Services, Inc.  The attorney-client private session will be held in the County Manager's Conference Room, Third Floor of 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.

 

The meeting recessed at 10:24 a.m.

 

Upon Board consensus, the meeting adjourned at 11:42 a.m.

 

 

 

 

 ATTEST:                                           __________________________________

                                                           CHUCK NELSON, CHAIRMAN

                                                           BOARD OF COUNTY COMMISSIONERS

                                                           BREVARD COUNTY, FLORIDA

________________________

MITCH NEEDELMAN, CLERK