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

 

 

 

The invocation was given by Pastor Elmer Floyd, Eastminster Presbyterian Church, Indialantic.

 

 

 

Commissioner Bolin led the assembly in the Pledge of Allegiance.

 

 

The Board approved the November 29, and December 13, 2011, Regular Meeting Minutes, and December 1, 2011, Zoning Meeting Minutes.

 

 

 

Neta Harris, Executive Director, 15th Annual Space Coast Birding and Wildlife Festival, announced the Festival is scheduled for January 25 - 30, 2012, and will be headquartered at Brevard Community College, but there will be field trips all throughout the County, and five other neighboring counties.  She introduced Jan, of the Titusville Art League, who informed the Board that the league has been working for the Festival for the past ten years doing the art competition and show, which is open to all residents and attendees of the Festival; and commented on the art contests.  Martha Presaro, with the Friends of the Enchanted Forest, commented on the field trips that will be taking place during the Festival at many different sanctuaries throughout the County.  Ms. Harris stated Mike Knight, EEL Program Manager, has done a nighttime movie, and there are a few families of hogs in the Enchanted Forest, as well as deer, and other animals. 

 

Jim Durocher, Space Coast Kayaking, stated he is one of the vendors at the Festival, and commented on the different water adventures for attendees of the Festival, such as airboat rides and pontoon boat rides, as well as kayak tours throughout the County. He noted a lot of the properties being used for the kayak tours are EEL properties, which are very important as places where plants and animals can survive.  He stated the plan is to create ecotourism for Brevard County and use it to promote the County as a quality nature destination. 

 

 

 

Howard Tipton, County Manager, advised there is currently a Workshop scheduled for January 19th, for the Board to consider draft recommendations regarding amendments to the conservation element of the County's Comprehensive Plan, specifically addressing wetlands.  He noted per previous direction, the Board has received a staff report on the issue on January 6th, which addressed concerns raised by the Board when the issue was last discussed on November 1, 2011.  He inquired if the Board would like to continue with the current plan to hold a Workshop, or incorporate the discussion into a Regular Board meeting; and stated if the Board is willing to consider the move, staff would recommend the discussion for the February 7th Board meeting.  He stated whether the Board chooses a Workshop or the Regular Board meeting, the process to amend the Comp Plan still includes the transmittal hearings, which will take place in the spring before both the LPA and the Board; then it will go to Tallahassee, where the Department of Economic Opportunity (DEO) will hear comments and concerns, and render its findings; and after receiving comments from the DEO, there will be another adoption process through the LPA and the Board. 

 

Commissioner Bolin stated she is not in favor of having the Workshop on the 19th, as she has jury duty that day.  She stated because the Agendas have been light lately, she would not be opposed to having the discussion at a regularly scheduled meeting. 

 

Commissioner Infantini stated she would like to continue with the Workshop because the plan is drafted and she has reviewed it with staff; she feels it is still too over-restrictive, and if the Board is trying to create jobs in Brevard County, the only way to succeed in doing that is reducing the amount of regulations on people who are trying to start businesses in the County; and it would be a good start for the Board to adopt the St. Johns River Water Management District's plan for wetlands oversight, rather than the Board having its own separate plan. 

 

Commissioner Anderson stated he is not concerned about which forum the Board discusses it in, but he has a lot of concerns about some of the regulations, such has protecting the agricultural interests in Brevard County; and stated he would like to see that agriculture has flexibility, especially in his District, as it is one of its biggest industries.  He stated even with the draft the Board received from Mr. Scott, there is additional language that he will be set on to allow those industries to prosper during these hard economic times; he agrees with Commissioner Infantini's approach, but the Board needs to protect the existing industries, such as agriculture.

 

Commissioner Fisher stated he is not concerned about the forum for the discussion, but he does have some concerns on the wetlands issue, which he has discussed with staff. 

 

Chairman Nelson stated he has favored the Workshop because it is a less formal setting, and allows the Board to go through the language; the reason for the Workshop was that the unintended consequence was devastating to the North and South ends of the County; and stated whether the discussion is during a Regular Board meeting or a Workshop, he would want to make sure people have a chance to speak.  He noted his preference would be for a Workshop, but he would be okay with a less formal agenda item on a regular agenda.

 

Commissioner Infantini stated if the Board keeps the Workshop it will be scheduled sooner and not moved to February; and noted some interested parties have already set aside the date in January.  Chairman Nelson stated his only concern is that the full Board needs to be present for the discussion. 

 

Mr. Tipton advised the next scheduled meeting is January 24th, which is a Regular meeting, and February 2nd, which is an evening Zoning meeting.  Chairman Nelson stated his preference would be the February 2nd evening meeting, as it would give people a chance to weigh in on the issue; and if it is acceptable to the Board, he would like to move the discussion on wetlands to the February 2nd Zoning meeting.

 

The Board reached consensus to direct staff to place an item on the February 2, 2012, Agenda for the discussion on wetlands.

 

 

 

Chairman Nelson advised after the meeting he will go to Tallahassee to attend Space Day, which is an opportunity for the space industry and the elected officials to meet with legislators and continue to reinforce the message of the importance of space to Brevard County and the State of Florida.  He noted when he attended last year, there seemed to be a better understanding among everyone.

 

 

 

Commissioners Anderson and Infantini indicated nay votes on Item III.C.1., FY 2012 Brevard County Community Cultural Grants.

 

Commissioner Infantini pulled Item III.B.2., Approval, Re:  Write-Off of Uncollectible Ambulance and HazMat Accounts Receivable; and Item III.B.5., Agreement with Crosswinds Youth Services, Inc., Re:  Juvenile Assessment Center (JAC), for discussion.

 

 

The Board authorized execution of Amendment No. 1 to Agreement No. 11BE1 with FDEP Bureau of Beaches and Coastal Systems for design, permitting and monitoring of the Federal Shore Protection Project; authorized the County Manager or designee to execute task orders or contracts to accomplish the scopes of work approved by FDEP under the contract; and authorized any necessary Budget Change Requests.

 

 

 

The Board granted final plat approval for the Viera Medical Park, Phase 1 subject to minor changes, if necessary, receipt of all documents required for recording, and developer responsible for obtaining all other necessary jurisdiction permits; and authorized the Chairman to execute the final plat.

 

 

 

The Board executed Contract for Sale and Purchase with Addendum to Contract with Country Oaks, LLC for the acquisition of property needed for drainage improvements on Lake Drive; approved the appraisal requirement be waived due to recent comparable property being appraised in the immediate vicinity of the subject property; and waived the Phase I Environmental Assessment and survey requirements for property located in the West Cocoa area on Lake drive lying in Section 25, Township 24, Range 35. 

 

 

 

The Board accepted the Drainage Easement for the St. Andrews Boulevard extension Project from St. Andrews Isles Homeowners Association (HOA), Inc. as part of the permitting for construction of the unimproved portion of the roadway located north of the Pineda Extension in Section 26, Township 26 South, Range 36 East.

 

 

 

 

The Board accepted Waterline Easement from Racetrac Petroleum, Inc. for proposed waterline and maintenance associated therewith the proposed development of the Racetrac gas/service station #121 for property located at the Southeast corner of US #1 and Main Street in Mims lying in Section 17, Township 21 South, Range 35 East.

 

 

 

The Board executed Contract for Sale and Purchase in the amount of $1,685, and accepted the Permanent Drainage Easement (PDE) with Robin and Maxine Bland (H&W) for the A-Lane Drainage Improvements Project; and approved waiving the appraisal, Phase I Environmental Assessment, and Survey requirements for property lying in the West Cocoa area in Section 36, Township 24, Range 35.

 

 

 

The Board executed Contract for Sale and Purchase in the amount of $100, and accepted the Permanent drainage Easement (PDE) with Lori Beth Richter for the A-Lane Drainage Improvements Project; and approved waiving the appraisal, Phase 1 Environmental Assessment, and survey requirements for property lying in the West Cocoa area in Section 36, Township 24, Range 35.

 

 

 

 

The Board approved Budget Change Requests as submitted.

 

 

 

The Board executed Memorandum of Understanding (MOU) with the City of Titusville; and authorized the Chairperson to execute any future amendments or subsequent modifications to the MOU, upon approval by the County Attorney and Risk Management.

 

 

 

The Board executed Agreement with Circles of Care, Inc., for Baker Act Services, for Fiscal Year 2011-2012, in an amount not to exceed $1,748,507; and  authorized the Chairman to execute future agreements, amendments and modifications, upon review and approval of the County Attorney and Risk Management.

 

 

 

The Board executed Agreement with Brevard County Legal Aid, Inc., for Fiscal Year 2011-2012, in an amount not to exceed $256,500 for legal services for indigent Brevard County residents; and authorized the Chairman to execute future agreements, amendments and modifications, upon review and approval of the County Attorney and Risk Management.

 

 

 

The Board executed Agreement with The Housing Authority of the City of Titusville for the rehabilitation of affordable rental housing for low income families; and authorized the Chairman  to execute any future amendments or subsequent modifications to the agreements upon approval by the County Attorney and Risk Management.

 

 

 

The Board executed an Agreement with The Housing Authority of the City of Titusville for the rehabilitation of affordable rental housing for low income seniors at Titusville Towers; and authorized the Chairman to execute any future amendments or subsequent modifications of the agreement, upon approval by the County Attorney and Risk Management.

 

 

 

The Board approved the recommendations submitted by the Brevard County Community Cultural Grant Review Panel to fund 29 nonprofit cultural organizations or programs within the County.

 

 

 

The Board appointed/reappointed the following:  Ed Fleis to the Building and Construction Advisory Committee, with term expiring December 31, 2012; Sara Ann Conkling to the Country Acres Advisory Board, with term expiring December 31, 2012; Mark Shantzis to the Environmentally Endangered Lands Procedures Committee, with term expiring December 31, 2012; Tom Schuler to the Extension Advisory Council, with term expiring December 31, 2012; Ron Rincones to the Marine Advisory Council, with term expiring December 31, 2012; Mike Smith to the Parks and Recreation South Service Sector Advisory Board, with term expiring December 31, 2012; and Peter Fusscas to the Transportation Planning Organization Citizens Advisory Committee, with term expiring December 31, 2012.

 

 

 

The Board approved the Billfolder as submitted.

 

 

 

Commissioner Infantini stated she does not have a problem with writing off $5.7 million of uncollectible ambulance and hazmat accounts receivable, but what she does have a problem with is the Board approving an economic development zone that is going to keep tax dollars from going into the General Fund.  She stated the Emergency Medical Service is funded by the General Fund; and inquired if the Board is going to be taking tax dollars, or preventing tax dollars from coming into the General Fund, where will those dollars come from.  She expressed concern that the Board has raised property taxes by 30 percent two years in a row, and inquired where those tax dollars are coming from.  She noted she is trying to bring awareness to the fact that tax dollars will not be going into the General Fund from a specific area, yet there are needs, and the Board is not currently cutting spending to meet those needs.

 

Commissioner Fisher stated there are 19 CRA's in Brevard County, and of those 19 CRA's, $4 million is distributed throughout the County, with less than one percent going to North Brevard; and stated if Commissioner Infantini's philosophy is correct, then North Brevard has been subsidizing South Brevard for a long time, but he does not believe that is the case.  He stated Brevard is one County; the economic development zone was passed by a majority of the Board, and it was passed for good reasons, as was the other 19 CRA's that were passed by the Board.  He stated currently, the tax dollars are not there; there has to be new construction and new growth in order for it to happen; and the only thing being done is that the area it is being collected in is allowed to put the money back into it, just like the other 19 CRA's have historically done. 

 

Commissioner Infantini stated she is for the abolishment of the CRA funding; and commented on Governor Brown of California, who is trying to abolish all of the CRA's in the state. She stated if the Board continues on the path of CRA funding, or economic development zone funding, it will not have enough money to fund all of the crucial services needed to operate the County, yet those same resources will be needed by all the residents and businesses in all of Brevard County.  She stated it is a countywide issue, as everyone will be paying more in taxes; and if it is good for District 1, then it should apply to the entire County and the entire County can be an economic development zone.   She added, the individuals on the CRA boards are appointed, not elected, and the voters do not have a right to eliminate them.

 

Chairman Nelson pointed out that there are a variety of mechanisms available to the Board to try to improve the local economy, and to try to get rid of them for the purposes Commissioner Infantini described is ludicrous.  He stated Commissioner Infantini has sent out emails that he will be responding to with the correct information; stated Commissioner Infantini said there was no plan for the North Brevard Economic Development Zone, but it would have been more sincere to say that a plan was coming back to the Board and to the City of Titusville for approval; and noted that is lying to the citizens and he is offended by that.  He further stated that Commissioner Infantini made up numbers that do not exist by saying that the economic zone is a $150 million impact.  He pointed out that the Palm Bay CRA is a non-elected body, but he has not heard Commissioner Infantini go to the City Council and tell them to change it.  He commented on a friend of his who used to drive to Titusville to work at the Space Center, but because of layoffs, he now drives to Palm Bay to work at Harris Corporation; and stated there is no one part of the County that benefits more than another.  He went on to say the Board has done a good job in the south County with commitments to Harris, Embraer, and A.R.R, including other businesses in South Brevard, and it is unfair for Commissioner Infanini to say that North Brevard should not have any access to that. 

 

Commissioner Fisher stated if the Board agrees, he would like to direct staff to put out a white paper in response to the mis-information given by Commissioner Infantini.  Chairman Nelson stated he would be in favor of that; he has talked to the County Manager about having staff address the information in the emails and to do a fact check; and then the Commissioners can respond to their constituents.  He further stated that he would like a list of everyone the email was sent to.

 

Commissioner Infantini noted the mechanism for receiving the information and the recipients is through a public records request, which can be obtained by the I.T. Department.  She stated she was elected to represent all of Brevard County; she is elected by District 3 to look out for the fiscal responsibility, accountability, and transparency of all of Brevard County's taxpayers, which is what she is doing.  She referred to the mis-information and stated she has not seen a plan, but if there is one she will acknowledge it.  She stated the County Manager's Office and the Budget Office are continually asked for the fiscal impact to the entire County, but they say they are not able to do a projection; stated she took the five year amount of $5 million that would be accumulated and multiplied it by 25 years, which is how she came up with the number of $150 million, plus growth than has not been considered because if Commissioner Fisher is successful in getting the Miracle City Mall out of the Titusville CRA and moved into the economic zone, it would increase the tax base again. She stated she did not see any information in the email she sent out, but she will stand corrected if she has made any inaccurate statements.

 

Commissioner Anderson stated he is embarrassed that the Board has personal attacks on each other, and he does not care who generated it or who ends it, but it continues to go on; and stated it is embarrassing when he talks to businesses about economic development, and he is afraid they will go back and watch one of these meetings.  He stated he will not be a party to the arguing anymore; and each Commissioner can take care of his or her own district, and take care of the County residents as a whole when it comes to countywide issues.  He noted he is going to be a lot more aggressive with every Commissioner when he sees the personal attacks continue, and he is hoping it ends today.

 

Commissioner Bolin stated she agrees 100 percent with Commissioner Anderson.  She reminded the Board that the issue the Board is dealing with right now is the approval of the write-off of uncollectible accounts receivable, which has nothing to do with CRA's. 

 

The Board approved the request to write-off uncollectible EMS and HazMat accounts receivable for FY 2010-2011, in accordance with Ordinance No. 79-21.

 

 

 

Commissioner Infantini stated she does not have a problem with the Agreement, but the Board could be using forfeiture funds from the Sheriff's Office to fund the $77,000 that is going to be going to the Juvenile Assessment Center.  She pointed out that it has been said that when the Board builds the new building for the Sheriff's Office, it will use forfeiture funds, which are not taxpayer dollars; and stated if forfeiture funds can be used in one area, then they are not available for use in another area, which means the Board will have to use the General Fund, which is taxpayer dollars. 

 

Chairman Nelson pointed out that the money in this item, as well as in Item III.B.2., is in the budget, and the Board is not losing money; and stated Sheriff Parker actually saves the Board money, Commissioner Infantini is artificially creating a circumstance.

 

The Board executed Agreement with Crosswinds Youth Services, Inc., for Fiscal Year 2011-2012, in an amount not to exceed $208,815 for the Brevard County Juvenile Assessment Center (JAC); and authorized the Chairman to execute future agreements, amendments, and modifications, upon review and approval of the County Attorney and Risk Management.

 

 

 

 

David Kearns stated 32 of 67 counties rely on Dominion voting systems, which are also known as Premier and Diebold; and on election night there were 38,000 ballots scanned back into the voting machines at one location in Hillsborough County, following  a technical glitch that erased all of those votes, which was 50 percent of the 77,000 votes in the last three days of early voting.  He advised there has been no investigation by the Florida Department of State.  He stated Brevard County uses Dominion voting systems; he would like to call for an immediate investigation into Dominion voting systems statewide; and he would like call for all counties using Dominion, Premier, and Diebold machines in the state to abandon the systems entirely, as well as a system  of mandatory auditing for every general election, as proposed by the Fair Voting Coalition of Florida. 

 

Charles Tovey stated he would like some information on the EDC (Economic Development Commission), and he would like an appointment with an assistant from Commissioner Bolin's office, so he can explain his environmental projects.  He commented on the safety advisory for brown widows, which are just as poisonous as black widows.  He proposed to remove Brazilian Pepper trees in North Brevard for $50,000.  He further commented on the beach renourishment project. 

 

 

Chairman Nelson called for the public hearing to consider an ordinance amending the Barefoot Bay Recreation District Charter in accordance with the Special Election held on November 8, 2011.

 

There being no objections, the Board adopted Ordinance No. 12-01, amending Ordinance No. 84-05, which created the Charter of the Barefoot Bay Recreation District, as amended by Ordinance No. 96-53 and Ordinance No. 08-03; specifically amending Article V, Section 6 to provide that the Barefoot Bay Recreation District Board of Trustees organize itself within fourteen (14) days next after the first Tuesday after the first Monday in January after each election; providing for severability; and providing for an effective date.

 

 

 

 

Chairman Nelson stated he has supported the impact fee waiver for five years, and he does not see that it has accomplished what the Board thought it would accomplish; some corporations have been given money back that could well have afforded the transportation impact fees; and he feels what the Board has done is pass along a $17 million bill to the citizens for the future because those dollars have been lost.  He stated he will no longer support the moratorium.

 

The Board approved extending the Transportation Impact Fee Moratorium, which is set to expire for new construction activity that does not receive a building permit before March 1, 2012, for a period of one year.

 

 

 

The Board appointed Ronnie Brewer, Jr., and Loretta D.S. Goggin to the Affordable Housing Council, with terms expiring December 31, 2013.

 

 

 

Greg Weiner stated ThePeoplesVote.com is a project the EDC (Economic Development Commission) has been working on for many months; the company is a developer of software website technology designed to take the pulse of the voting public on a wide variety of issues; and the company plans to hire 127 people with an average salary in the mid-$50,000's.

 

Chuck Kirkpatrick, CEO and founder of ThePeoplesVote.com, stated on July 26, 2011, the President addressed the nation and asked Americans to call their representatives to weight in on the debt ceiling debate that had stalled in congress; and in a historic turnout the next morning, Washington's switchboards were shut down and most of the legislators' websites had crashed due to overload.  He stated many people were not able to vote and the results were not valid.  He explained based on the 100 year-old referendum and initiative process, his company has designed an internet-based ballot-enabled social utility that creates advisory propositions at the federal, state, and local level, in which citizens can learn about and then cast votes online on the most popular public policies debated by governments; and with two years of research and development, the non-partisan system utilizes the latest in internet cryptographic security procedures, and is designed to be advisory in nature and will complement the current form of representative government.  He stated his company does not support the people versus the government battleground environment that exists today; that environment is dividing the country and it continues to restrict recovery; he believes in voter-involved solutions; there is a huge trust deficit in the country; and the focus will be to bring together the citizens, their elected officials, and their governments in order to promote a better working environment.  He advised in addition to Florida, his company's state-of-the-art system has been reviewed by the EDC's of Georgia, South Carolina, Kentucky, Virginia, Missouri, Texas, and New Mexico, all of which have expressed a strong desire to have the company locate to their state; 25 to 30 jobs are projected in the first year, with excellent company-paid benefits; and stated he is a Florida resident and would prefer to remain in Florida and help the economy on the Space Coast; however, he has a financial responsibility to his investors to choose the location that provides the best financial incentives in order to create growth. 

 

Commissioner Bolin inquired if Mr. Kirkpatrick bases his company in Brevard County, would he be able to service the entire United States; with Mr. Kirkpatrick responding affirmatively. 

 

Chairman Nelson stated the company creates the question, and it can be done in such a way that it could be perceived as political; stated he recognizes what the company is trying to do, but once the Board makes a decision, Mr. Kirkpatrick could decide that non-partisan no longer works and he could do something else; and he struggles with that because the person who creates the question and the information, also controls the information.  He stated he cannot get past that fact that he, in effect, is creating a vote that gives a benefit to a potentially political outcome, and he cannot support it. 

 

Mr. Kirkpatrick stated if the company was not non-partisan it would not be able to stay in business; his company does not foster the people vs. the government, but fosters a team environment; and he anticipates working with the federal government and the state government, and working together with local government in order to properly structure the questions that serves everybody's best interest. 

 

Chairman Nelson stated he does not believe there is a method of getting over that potential and the ability for someone to use the information in a political way.

 

The Board adopted Resolution No. 12-01, qualifying ThePeoplesVote.com as an eligible business under the County's Tax Abatement Program.

 

 

 

The Board adopted Resolution No. 12-02, qualifying ThePeoplesVote.com as a Qualified Targeted Industry.

 

 

 

The Board adopted Resolution No. 12-03, qualifying Stark Armor, Inc., as an eligible business under the County's Abatement programs; and authorized a public hearing to consider adopting an exemption ordinance.

 

 

 

The Board adopted Resolution No. 12-04, qualifying Stark Armor, Inc., as a Qualified Targeted Industry. 

 

 

 

The Board designated the area in which The East Coast Paper Stock Company is located as a Brownfield Area under the State's Brownfields Redevelopment Program.

 

 

 

Upon Board consensus, the meeting was adjourned at 10:16 a.m.

 

 

 

 

 

ATTEST:                                                                                                                                

                                                                          CHUCK NELSON, CHAIRMAN

                                                                          BOARD OF COUNTY COMMISSIONERS

                                    _______                      BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK