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

The Board observed a moment of silence.

Chairman Nelson led the assembly in the Pledge of Allegiance.

Commissioner Anderson stated he will be presenting the resolution to Plaza Cleaners who donated cleaning services for distribution of Coats for Kids drive; and the Board adopted Resolution No. 12-018, recognizing and commending Plaza Cleaners for cleaning hundreds of coats for Brevard County school children as part of the Coats for Kids drive. 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

Commissioner Fisher read aloud a resolution designating Spay/Neuter Awareness Month and celebrating February 28th as World Spay Day; and the Board adopted Resolution No. 12-019, designating February 2012 as Spay/Neter Awareness Month, and joins the Humane Society of the United States and Humane Society International in celebrating February 28, 2012, as World Spay Day.

 

Theresa Clifton, Central Brevard Humane Society Director, stated she invited Kathy Beatson, Interim Animal Services and Enforcement Director, to attend today because of the partnership with the Central Brevard Humane Society; there are needs to continue partnerships to reduce pet overpopulation; and she expressed her thanks to the Board for the Resolution. 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

Commissioner Fisher read aloud a resolution recognizing February 2012, as Black History Month; and the Board adopted Resolution No. 12-020, recognizing February 2012, as Black History Month.

 

William Gary, Harry T. and Harriette V. Moore Cultural Complex, Inc. President, expressed his thanks to the Board for the recognition.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

Commissioner Fisher read aloud a resolution expressing appreciation to William Earl (Bill) Gary; and the Board adopted Resolution No. 12-021, expressing its appreciation to William Earl (Bill) Gary for his countless hours of volunteerism on behalf of the citizens of Brevard County.

 

William Earl (Bill) Gary expressed his thanks to the Board for the Resolution; stated he would like to extend his thanks to Jack Masson, Parks and Recreation Director, for his cooperation in many areas; and great progress has been made towards marketing and promoting the Moore Cultural Center. He went on to say the Moore's will be included in the African American Museum opening in 2015; there is a great partnership with University of Central Florida's History Department; and the Moore traveling exhibit is currently at Brevard Community College Cocoa Campus, which talks about the Civil Right Movement in the State of Florida of over 100 years.

 

Mr. Masson expressed his appreciation to Mr. Gary and the Board for their leadership. 

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Chuck Nelson, Chairman / Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Howard Tipton, County Manager, advised Rob Varley, Tourism Development Office Director, is not feeling well, and he would like to reschedule his presentation.

 

The Board postponed the Tourism annual update presentation updating the Board on the status of Tourism Development Office's activities including advertising, public relations, sporting event developments, special events, and report on hotel occupancy with average daily rate, to a future Board meeting.

 

The invocation was given by Pastor Bernard C. Wright, Bethlehem Missionary Church of Titusville.

 

Howard Tipton, County Manager, stated the United Way thermometers' around the community will be adjusted this week; and he is hopeful to tell the Board of the grand total at the next meeting.

 

Commissioner Fisher stated he participated in the Guardian Ad Litem, Superhero Run on February 4th; it was a great event with 300 participants running around Viera; and he expressed his appreciation for the invitation to the event.

 

Commissioner Fisher mentioned the County donating a Park to the City of West Melbourne, with the Field of Dreams receiving five acres; it is needing leadership in its board helping to make the dreams happen; and he has a video to share to help get community support. 

  

Commissioner Bolin stated she attended Palm Bay's Chamber of Commerce, Installation Dinner Friday, February 3rd; there are terrific people there; and she is looking forward to a productive year.

 

Commissioner Bolin stated she invited the Anytime Anyplace Quartet to perform two songs today; the members are Bill Ross, Jim Storms, Dick Ricker, and Arlan Ropp; and the reason for their visit today is Hearts Month.

 

The Board acknowledged performance by Anytime Anyplace Quartet of the Greater Canaveral Chapter of the Barbershop Harmony Society.  

 

Commissioner Anderson stated his office resumed its Friday in the Field by spending time last Friday with Commander Ambrose, Brevard County Sheriff's Office, in Merritt Island, and this Friday with Brevard County Fire Rescue Department, Station 82.

Commissioner Anderson stated he is Boy Scouts of America, Riverside District, Chairman; the Riverside and Challenger Districts both have achieved Gold rankings at the councils national level, which is directly related to the volunteers involved in the program; and on February 28th he will be attending the Golden Eagle dinner with Commissioners Bolin and Fisher helping him raise local funds for the local districts, to ensure a high number of Eagle Scouts are produced.    

 

Chairman Nelson stated he served on the Canvassing Board this past week, for the Presidential Primary, as well as the Special Election of Cape Canaveral; it ended up having to be recounted, because it was a six-vote difference between the two candidates; he advised there is a need for folks to get their signature updated when using an absentee ballot, it gets matched to the signature on record, and if it does not match, a letter is sent advising the vote could not be accepted; and he expressed thanks to Lori Scott, Supervisor of Elections and Judge Kelly McKibben, Canvassing Board Chair, for doing a great job.

  

 

Chairman Nelson noted there are speaker cards for Items III.A.2., Final Plat and Contract Approval, Re:  Heritage Isle PUD Phase 7A-11S-00574 - The Viera Company; and III.A.3., Legislative Intent and Permission to Advertise, Re:  Revision to Section 62-2891 and Section 22-48 as They Relate to Floor Elevation and Lot Drainage Requirements.

 

Commissioner Infantini stated she would like to pull from Consent Agenda Item III.C.2., Resolution, Re:  Qualifying Project Speed as an Eligible Business Under the County's Tax Abatement Program.

 

Harry Taylor commented a particular step of the final plat process, in the Phase 7A Heritage Isle development demonstrates a legal ability for a builder to have an over substantial period of grace for existing Codes at the time a Building Permit is taken out; as he understands the current Code, there are six years to enjoy the Code, yet the County is constantly upgrading its Codes; it is not possible from the builders point of view to have Code changes rapidly occurring and complicating the building plans; and he suggested a greater objective is to shorten the time between the actual construction of a subdivision and the vesting of the Code when the original request was made.  He stated it seems unconscionable to him that new roads being installed in Phase 7A of Heritage Isle today does not meet the Code of 2008; the Code of 2008 was in response to problems reported with roads at that time; and yet the roads being built right now are built to the Codes 2005, 2006, and 2007, are falling out of date, in his opinion.  He encouraged the County to work on the problem by shortening the vesting period to achieve proper Codes in current construction time.

 

Commissioner Infantini inquired if there is a way to require the developer to come into compliance with the existing current Code if modifications are done.

 

Tad Calkins, Land Development and Engineering Assistant Director, responded this particular subdivision is vested under the old Code, because they met all the requirements and time lines of that Code.  Commissioner Infantini inquired if they are making a change would that not change the rules and grant the change.

 

Mel Scott, Assistant County Manager, clarified there are two distinctions to make as it relates to changes to the Code that occurred over time; those types of changes that a developer would be required to respond are real-time, and would not be able to enjoy investing against; if there are health and safety improvements to the Code, developers are not vested against those rules, however, over time improvements can be made to the Code, which translates to a sturdier and improved product that may in the case of road construction translate to a road having a longer life.  He stated Mr. Taylor's  concern is about lime rock base construction standards in Heritage Isle 7A; it is able to be constructed with a six inch lime rock base; new road construction is now required to install an eight inch lime rock base; sturdier roads makes for a longer life for that road, and are vested against that additional expense, which are recognized and translated to a longer life for those newer, robust roads; but that is not a requirement that a developer is required to invest additional dollars.

 

Commissioner Infantini inquired if there could be a stipulation to accept new changes and the developer can comply with the new Code, if the changes are asked for; and that they apply to the new Code.  Scott Knox, County Attorney, responded Florida has the Bert J. Harris Act, if applying new rules to a developer and costing them money, the Board has the pleasure of paying for it, and generally that is tried to not be done; and this particular change to the plat is minor and does not require a review or modification to the way the roads are constructed.  He advised he would be leery of trying to hold up a development one the basis of something that is a minor change and independently the County would pay for; the developer would suffer from the delay; and if new rules were successfully applied the County would end up paying for the extra lime rock.  Commissioner Infantini stated she is not in agreement with Attorney Knox.

 

Mr. Taylor stated the residents would likely face untimely assessments to the deteriorating roads; the gated community of Heritage Isle bought into a planned community; and will surely pay for any construction issues that were not of highest quality.                    

 

Commissioner Bolin advised the Board she has been working on this and plans to pass the current Agenda Item; what is happening is what the developer thought would work is not; she is not going to sit back and watch it continue on, because it is failing; it has to be figured out and needs working with the developer to get it corrected; Codes do not work the same in every part of the County; and through pictures and other evidence, Heritage Isles is being worked on. 

 

Commissioner Fisher inquired in the six-year timeline if construction has not started within two or three years, the developer needs to meet current Code, if Code changes happen, and shorten that window for those who are grand fathered in.  Mr. Calkins responded if that were to be done, the current Code would have to be changed; in 2010, a Code revision was brought before the Board; it established a more performance based requirement in the subdivisions; where the Code at Heritage Isle is vested under, it requires application submittal to vest the project; in current Code, it requires completion of the processes within the subdivision development process for completion, with the first phase having two years to get construction plans approved, four years to do the construction or record the Plat, and that is where the six years come into play.  He pointed out, if it were to be changed, that Code section would have to be shortened. 

 

Hassan Kamel, BSE Consultants, Inc., stated he is representing Lennar Homes, LLC; in 2006 the construction plans for this project were approved; the first phase was built under regulations; at this point, the approval of the final Plat is seeking approval for that phase; the roads have been constructed, inspected, and are in accordance with Code; and there is no request to change anything, this is the normal process for plat approval.  He went on to say within Heritage Isle, since construction started over 10 and one-half miles or 55,000 linear feet of road have been paved per County regulations, that calls for six inches of rock and one inch of asphalt; and Lennar Homes, LLC provides a product that is better because not only does it put one and one-half inches of asphalt, it puts two inches of asphalt, which is done by placing an initial lift and letting it stay there for the first two years while home construction is ongoing; and it helps with the many heavy trucks traveling the roadways that can lead to damaged roadways.  He mentioned once construction is complete, Lennar Homes, LLC lays three-quarters of an inch of asphalt, that gives residents a much better product; in moving forward, regulations are followed in the project; and the developer is going above and beyond to give the end consumer a better project.  He mentioned out of those 55,000 linear feet of roadways within Heritage Isle, Lennar Homes, LLC has asked BSE Consultants, Inc. to look at three sections in their southern phase, due to some staining in the roadways, which is possibly over irrigation or poor drainage; but Lennar Homes, LLC is taking a proactive approach with BSE Consultants, Inc., by looking into it along with hiring a Geotechnical Consultant to complete soil boring's, and are committed to finding the issue to resolve it; and there has been no direct involvement with County staff at this point in time because the process is just getting started with the private roadways.  He stated BSE Consultants, Inc. would be happy to bring the results to share the recommendations as the project moves forward.

 

Commissioner Bolin expressed thanks to Mr. Kamel for working with the County; and directed staff to meet with Mr. Kamel to have discussions in further detail to look for a solution.

 

Commissioner Infantini expressed thanks to Mr. Kamel for his explanation.

          

Chairman Nelson advised one things that can be done is to direct staff to do legislative intent to tighten up those construction time lines.  

The Board of County Commissioners, in regular session on February 7, 2012, granted final plat approval, subject to minor changes, if necessary, receipt of all documents required for recording, and developer responsible for obtaining all other necessary jurisdictional permits; executed Subdivision Infrastructure Contract with Lennar Homes, LLC; and directed staff to do legislative intent to tighten up the construction time lines; and directed staff to meet with the developer, The Viera Company.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Harry Taylor stated in March 2010, there was a serious construction problem in Heritage Isle; since then he has been working daily with residents trying to understand why the construction problems are happening; in April 2010, he met with the County Inspection Department and it was realized that the developer in Heritage Isle was violating Codes involving the construction of stucco in hundreds of homes, and a petition was taken to the developer; and 600 plus homes are being restored right now in the community.  He went on to say the same reasoning approach have been applied by calling attention to construction related grievances; he has continuously been working with County staff, which have given him great cooperation, and never hesitated giving him information; he is happy to see tougher regulations with greater enforcement, proposed legislation introduced, and residents of Heritage Isle benefiting; and he is urging the Board to consider the legislation.

 

Commissioner Infantini stated she would like to table this item for two weeks, if possible, because she would like to have a bigger opportunity to meet with some of the individuals that would be impacted; and she feels she does not have sufficient information to make a decision to vote.

 

Howard Tipton, County Manager, stated changing the Ordinance is not being asked; it is asking the Board to move forward with legislative intent to explore the industry, and changing the Code; and the vote today is about moving forward with the process.

 

The Board approved legislative intent and granted permission to advertise modification to Chapter 62 Land Development Regulations Section 62-2891, Lot Drainage, and Chapter 22 Buildings and Building Regulations, Section 22-48 Floor Elevation to be above Grade of Adjacent Thoroughfare, to provide consistency with Florida Building Code lot drainage regulations and to clarify and update the lot drainage requirements.               

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

Commissioner Infantini stated this is about giving a tax abatement for building a new facility; it appears the facility may end up in an North Brevard Economic Development Zone (NBEDZ) or a Community Redevelopment Agency (CRA); she does not want to give away tax abatement; and then the County will have to pay into the CRA or NBEDZ for the taxes not being paid.

 

Howard Tipton, County Manager, stated he believes Project Speed is proposed to be in the NBEDZ.

 

Commissioner Infantini stated those funds would come directly from the General Fund because taxes will not be paid, yet the tax would still be due based on the existing provisions of CRA's and NBEDZ's; and she will not be approving it.

 

Commissioner Anderson inquired if the direct benefit of the local economy is estimated at over $97 million.  Mr. Tipton responded, that is correct.  Commissioner Anderson stated he is assuming that a lot of employees would relocate to the NBEDZ, by moving their residence, and paying property taxes.  Mr. Tipton responded affirmatively.

 

Chairman Nelson noted Project Speed plans to create 1,357 new jobs, which is a significant number.

 

Commissioner Infantini stated that would get rid of about one-fourth of the need for the NBEDZ, since jobs were lost, and right there the jobs would be created and would not even need the NBEDZ.

 

Chairman Nelson advised creating jobs is a good thing; and that is why NBEDZ was voted for by the Board.

 

The Board adopted Resolution No. 12-027, qualifying Project Speed as an eligible business under the county's Tax Abatement Program.    

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

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

NAYS:                Trudie Infantini

 

 

The Board adopted Resolution No. 12-022, and executed Joint Participation Agreement with Florida Department of Transportation to cost share a study updating and revising the Total Maximum Daily Loads for Nitrogen and Phosphorus adopted by the Florida Department of Environmental Protection for Indian River Lagoon.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed Right-of-Way Agreement with The Viera Company for construction of illuminated signage, landscaping, sod, irrigation facilities and related improvements, and maintenance on Viera Boulevard between Stadium Parkway and I-95.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 ITEM III.A.5., APPROVAL, RE:  DRAINAGE EASEMENT TO THE CITY OF ROCKLEDGE COMMUNITY REDEVELOPMENT AGENCY

The Board adopted Resolution No. 12-023; and approved Drainage Easement requested by the City of Rockledge Community Redevelopment Agency Drainage Project, located in Section 9, Township 25 South, Range 36 East.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board adopted Resolution No. 12-024; executed the LPA Agreement with Florida Department of Transportation for the construction of Al Tuttle Trail; and approved any necessary budget change requests.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board granted permission to advertise a Request for Proposals for Solid Waste Engineering Services; approved a Selection and Negotiating Committee consisting of Euripides Rodriguez, Solid Waste Management Director, Mel Scott, Assistant County Manager, and John Denninghoff, Public Works Director; and authorized the Chairman to execute the Professional Services Agreement with the Selected Firm.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board adopted Resolution No. 12-025, establishing the Veterans Memorial Park Expansion Advisory Committee.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed Memorandum of Agreement with James W. Jensen Living Trust to allow the Developer to complete scrub restoration work on the Malabar Scrub Sanctuary to satisfy the Developer's mitigation permit conditions.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board adopted Resolution No. 12-026, qualifying Project Speed as a Qualified Targeted Industry.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board appointed/reappointed Ron Nost to the Contractor's Licensing Board, with term expiring December 31, 2012; Brian Reed to the EELS Program Recreation and Education Advisory Committee, with term expiring December 31, 2012; and James Marshal to the Investment Committee, with term expiring December 31, 2012. 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved the Billfolder, as submitted.

 

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 Code of Ordinances Chapter 22, Section 22-46, and Section 22-49, Adoption of the Florida Building Code and Basic Wind Speed Lines.

 

Mike McCaughin, Chief Building Official, stated in August 2011, there was legislative intent to make changes to Chapter 22, Building Regulations; there are two parts to the ordinance; the first part is housekeeping; and the second part is dealing with the wind speed.  He stated the first part is the adoption of the Florida Building Code (FBC) for Brevard County that is Section 22-46 of the current Code; Section 22-46, currently adopts the 2001 edition of the FBC; the FBC is on a three-year cycle and have new additions every three years; the modification needed to be made is to eliminate the language of a specific Code addition; and to adopt it as the legislature of the Florida Building Commission amends it from time to time and the ordinance will be self-sustaining.  He stated the second part has to do with the adoption of the next edition of the FBC 2010; it will take effect March 15, 2012; there is a very significant change to how the wind speeds are measured; and he has a PowerPoint to show the Board.  He explained the current FBC basic wind speed maps is showing wind speeds of where the contour lines designate what wind speeds should be used to design buildings to; when FBC first came into effect in 2002, the legislature provided an emergency rule allowing local jurisdictions to establish lines at the local level by using roads, rivers, or any geographical features of landmarks is what the County did; and is being appealed today in Section 22-49.  He went on to say the County identified the I-95 corridor, as the 120 miles-per-hour wind zone, which is also the dividing line for the Wind-Borne Debris Region (WBDR) meaning anything east of the WBDR line requires shutters, impact resistant glass, or glazing of the windows; anything west of the WBDR line does not have requirements; and all of those requirements will be changing because the State has completely changed its methodology in the wind speed maps and will have three new wind speed maps.  He talked about determining risk categories for the building such as Risk Category I, low hazard to human life; Risk Category II, most residential commercial, and business buildings; Risk Category III, large public assembly buildings, schools, and public utility buildings; and Risk Category IV, hospitals, police and fire stations, hurricane shelters, water treatments plants, and large hazardous storage, which will all correspond to the State's three, new maps it created with new wind speeds, as well.  He stated the State has incorporated a Wind Exposure Category D, for the ocean or river fronts where there is water in excess of 5,000 feet; there is a multiplier to increase the wind pressures that are used for designs also; the entire County will now be within the Wind-Borne Debris Region; and he thinks it is not a huge issue because insurance companies are pursuing the shutters, impact resistant glass, or glazing of the windows.  He stated Figure 1609A is the new map for Risk Category II, with wind speeds retained on a digital map from the University of Florida who is providing maps for the State; and the County has created a Geographic Information System (GIS) map that will be posted on the County's web page allowing one to pinpoint a property level showing which zone a person is in.  He stated Figure 1609B Risk Categories III and IV, having much higher wind speeds because those are the critical infrastructure buildings and large assemblies; and in Figure 1609C Risk Category I, the winds are smaller.  He stated if anyone is interest the FBC is available online at www.floridabuilding.org. 

 

Commissioner Bolin inquired why this is important for the general public to be able to review this information.  Mr. McCaughin responded if someone is trying to build something, wind speed is needed to know what speed the structure needs to be designed to; and there are calculations that will give design criteria of pounds for square foot of pressure; and that number is used to design construction methods.  He presented a demonstration for the Board to see the product created on the link for the three maps of the risk categories; it is a tool the public and staff can use; and it has a GSI map.  He went on to say the lines are color coded; there are 140, 150, and 160 miles-per-hour wind zones; and if one is not sure if he or she are on a coastal line, the property can be identified by typing in the address, and the equipment will show the specific Code.  He stated Brevard County is the only County doing this because it is something staff wanted to do; this makes it unnecessary for the County to adopt a local wind speed map because it would be difficult for the three maps to identify any landmarks because of the way it bisects the County; and now there are tools to accomplish it, as the State desires the County to do.

 

Commissioner Fisher inquired if there are any cost differences between building for 150 to 160 wind speeds for a residential house.  Mr. McCaughin responded no; the wind pressures are small; where it comes in to play is in the Wind Exposure Category D, which is 600 feet of any water body that is 5,000 feet or more; and there is a multiplier times the wind pressure, and factored in building height.

 

Commissioner Anderson stated he thinks the map is very cool; and he inquired by adopting the State Code, is it just a matter of the number of hurricane straps to have in place in the different zones.  Mr. McCaughin responded correct.

 

Commissioner Fisher stated from an consumer standpoint, if one is building to more current Codes, there are discounts that will be applied that are greater than if one has a house built in 2000 versus a house built in 2010.  Mr. McCaughin stated these maps came about as a change in computer modeling and technology, that the industry is using to design; it came from the American Society of Civil Engineers; and is the result of why this major change is taking place in how to measure the wind.

 

Commissioner Nelson added 2004 showed exactly what Mr. McCaughin is talking about with high-rise buildings because a lot of hotels suffered some major damages from blown out windows in the upper floors.

 

There being no further comments heard, the Board adopted Ordinance No. 12-03, Amending the Brevard County Code of Ordinances Chapter 22, Building and Building Regulations, Section 22-46 by adopting by reference the Florida Building Code mandated to be enforced by Florida Statute Chapter 553 as the Brevard County Building Code; repeal of Chapter 22 Section 22-49 Basic Wind Speed Lines; providing for severability; providing for conflicting provisions; and providing for an effective date.  

 

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 for an Economic Development Tax Exemption for Stark Armor, Inc.

 

There being no comments heard, the Board adopted Ordinance No. 12-04, Granting Economic Development Ad Valorem Exemption to Stark Armor, 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; Stark Armor, Inc.; and providing an effective date.

 

 

Chairman Nelson stated he is curious why Commissioner Infantini voted Nay, because Stark Armor, Inc. is not in an economic zone of any kind.

 

Commissioner Fisher mentioned it is about jobs.

 

Commissioner Infantini stated she did not know the Board is able to discuss something after a vote; she knows that Cape Canaveral has mentioned interests in starting a Community Redevelopment Agency; and advised she may be mistaken.

 

Chairman Nelson advised it is about the jobs.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

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

NAYS:                Trudie Infantini

 

 

Chairman Nelson called for the public hearing to consider an ordinance for Economic Development Tax Exemption for ThePeoplesVote.com.  He stated for the record he voted against the exemption at the first Public Hearing; he is going to approve it today; and he is hopeful that ThePeoplesVote.com is successful.

 

There being no further comments, the Board adopted Ordinance No 12-05, Granting an Economic Development Ad Valorem Exemption to ThePeoplesVote.com.; 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; ThePeoplesVote.com; and providing and 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 a resolution vacating a portion of a Plat of Wyndham Way at Duran with The Viera Company/BSE Consultants.

 

There being no comments heard the Board adopted Resolution No. 12-028, vacating a portion of a Plat of Wyndham Way at Duran with The Viera Company/BSE Consultants.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board granted final plat approval; authorized the Chairman to sign the final plat for Brown's Lots of Wyndham - 12SDM-00105, subject to:  Plat not to be recorded prior to issuance of the Certificate of Completion by the County for the relocation of the drainage pipe, as approved in 11ER-01048; Plat not to be recorded prior to satisfaction of all requirements identified in Chapter 177 of Florida Statute and Chapter 62, Article, VII, of the Code of Ordinances; and minor changes, if necessary, receipt of all documents required for recording, and developer responsible for obtaining all other necessary jurisdictional permits.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board adopted revised Resolution No. 12-029, qualifying ThePeoplesVote.com as a Qualified Targeted Industry.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board assigned to the City of Palm Bay the September 8, 1998, Contract with Ranger Construction Industries, Inc. for the widening of Malabar Road.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved the cost of advertising for, and the scheduling of, a private session February 21, 2012, at 11:30 a.m. or soon thereafter as possible, pursuant to Section 286.011(11), Florida Statute, in the case of Brevard County, Florida v. Sumerset Florida, et al, Case No. 05-2011-CA-031229-XXXX-X, for the purpose of discussion settlement negotiations of strategy related to litigation expenditures.

 

MOVER:            Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Howard Tipton, County Manager, stated he needs to pull this item from the Agenda; there was not enough information for the Board to actually make a decision; and Complex Cafe will be coming back to the Board in two weeks.

 

The Board tabled consideration of the request of Complex Cafe that the Contract be extended until September 30, 2019, so the owner may see a return on the investment he desires to make alternations to the Cafe, to a future Board meeting.   

 

 

Upon Board consensus, the meeting adjourned at 10:21 a.m.

 

 

ATTEST:                                                       __________________________________

                                                                       CHUCK NELSON, CHAIRMAN

_________________________             BOARD OF COUNTY COMMISSIONERS

MITCH NEEDELMAN, CLERK                  BREVARD COUNTY, FLORIDA