Attendee Name	Title	Status	Arrived
Robin Fisher	Chairman / Commissioner District 1	Present
Chuck Nelson	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 Chaplain John Arnold, Viera Hospital, Viera.

 

 

 

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

 

 

 

The Board approved the July 12, July 26, August 2, and August 23, 2011 Regular Meeting Minutes, July 28, 2011 E-Town Hall Meeting Minutes, and August 16, 2011, Melbourne-Tillman Meeting Minutes.

 

 

 

Chairman Fisher read aloud a resolution congratulating Guy Boyd on his 100th birthday.

 

The Board adopted Resolution No. 11-186, congratulating Guy Boyd on his 100th birthday and amazing life; and wished him continued good health and happiness. 

 

 

Guy Boyd stated he credits his 100 years to God; stated his birthdays are greater every year; and he is looking forward to the next year being the greatest year yet.  He expressed appreciation to the Board for the Resolution.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Bolin read aloud a resolution proclaiming September 17, 2011, as Commodore John Barry Day.

 

The Board adopted Resolution No. 11-187, proclaiming Commodore John Barry Day, in honor of his memory and in recognition of the sentiments of the Navy veterans, Irish-Americans, and the patriotic population that our history be properly told.

 

 

Patrick Keene expressed appreciation to the Board for the proclamation and Resolution; stated it is awe inspiring; and the Irish-American community from Brevard County appreciates the Board's support for a great Irish-American and a great American.  He noted John Barry is also a Serial No. 1 of the United States Navy.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Bolin read aloud a resolution congratulating Brevard County Animal Services and Enforcement Department.

 

The Board adopted Resolution No. 1-188, congratulating Brevard County Animal Services and Enforcement Department for their partnership to secure a $25,000 grant from Florida Animal Friends, Inc. for the purpose of saving the lives of countless dogs and cats, and reducing pet overpopulation in Brevard County, by providing free or low-cost spay/neuter services.

 

 

Commissioner Bolin noted Lorraine Gott and John Fergus have been very successful as professional grant writers in Brevard County; they have done a lot for Satellite Beach and other organizations; and expressed appreciation to Ms. Gott and Mr. Fergus for their services.

 

Lorraine Gott stated she and Mr. Fergus enjoyed working with former Animal Services and Enforcement Department Director, Mike MacFarland, and his staff, including Kathy Beetson; and they also enjoyed working with Theresa Clifton on the grant project.  She noted there are other grant projects in the planning stage; as soon as the new director is named, they will be prepared to proceed with those grants; and she looks forward to bringing in a lot more money into the shelters.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Nelson read aloud a resolution recognizing September 24, 2011, as National Public Lands Day.

 

The Board adopted Resolution No. 11-189, recognizing National Public Lands Day, which is the nation's largest, single-day volunteer event for public lands in the United States, on September 24, 2011.

 

 

Mike Knight, EEL Program Manager, announced Fox Lake Park has a new seven-mile trail system being installed at the new Fox Lake Sanctuary, and he hopes to have it open for the Sanctuary's grand opening on November 19th, when there will be a 20-year celebration of the endangered lands referendum at the Enchanted Forest.

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board adopted Resolution No. 11-190, proclaiming September 26, 2011 as Family Day - A Day to Eat Dinner with Your Children; and encouraged all citizens to recognize and participate in its observance.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Chairman Fisher read aloud a resolution proclaiming September 11, 2011, as a Day of Remembrance in Brevard County.

 

The Board adopted Resolution No. 11-191, proclaiming September 11, 2011 as a Day of Remembrance in Brevard County; and asked all Brevardians to honor the memories of those who died, and offer support to those who still suffer.

 

 

Jackie Colon stated she remembers where she was on September 11, 2001, as she was on the Board of County Commissioners, and was in the Commission Chambers; and it brings back memories.  She stated it is hard not to speak about that day without getting emotional; the weekend before September 11th, she was at a reunion with her friends whom she formerly worked with on the 102nd floor of the World Trade Center; she returned to Florida on September 10th; and on September 11th she heard the horrible news that she will never forget.  She stated she is thankful to the United States Military for capturing and killing Osama Bin Laden.  She stated she is proud to live in Brevard County, which is very patriotic.  She announced on Sunday, September 11, 2011, at 12:30 everyone is invited to the Space Coast Stadium to celebrate the 10th anniversary of the 9/11 tragedy. 

 

Patrick Monahan expressed appreciation to the Board for the Resolution; and stated he wrote the text of the Resolution, and he meant every word of it.  He stated 23 of his own comrades lost their lives on 9/11. 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Commissioner Infantini read aloud a resolution acknowledging Dorothy Kassak for her charitable contributions to the South Mainland Library.

 

The Board adopted Resolution No. 11-192, recognizing Dorothy Kassak for her charitable contributions made to the South Mainland Library.

 

 

Mike Cunningham, Friends of the South Mainland Library, introduced Fanny Solerno and George Therio; and stated on behalf of the entire community, and the patrons and staff of the South Mainland Library, he would like to thank the Board for the Resolution.  He stated Dorothy Kassak was not only a gracious lady in every sense of the word, but also someone who strongly believed that the future of the country would be realized in the education of children; stated she devoted her life to those principles, and everyone is better for it; and on September 9th, the Friends of the South Mainland Library will dedicated a fully renovated children's library at South Mainland in memory of Dorothy Kassak.  He stated the renovation was accomplished through Dorothy's generosity, which will be cherished forever. 

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Nelson read aloud a resolution proclaiming the week of September 17 - 23, 2011, as Constitution Week.

 

The Board adopted Resolution No. 11-193, proclaiming September 17 - 23, 2011, as Constitution Week; and urged all citizens to study the Constitution and reflect on the privilege of being an American with all rights and responsibilities which that privilege involves.

 

 

Shirley Jaffe stated everyone's relatives were founders and patriots, and it is important to not forget everything they have done; and expressed appreciation to the Board for the Resolution.

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board pulled Items III.A.1., Resolution, Re:  Requesting the Federal Government to Withdraw its Determination that Numeric Nutrient Criteria (NNC) are Needed Only in Florida, Repeal Promulgated NNC's in Florida, and Discontinue Promulgating Additional NNC's in Florida; and Item III.A.2., Interlocal Agreement with Local Municipalities, Re:  Indian River Lagoon Total Maximum Daily Loads (TMDL) Revision Study, for discussion.

 

Howard Tipton, County Manager, removed Items III.B.9., Resolution, Re:  Qualifying ThePeoplesVote.com as an Eligible Business Under the County's Tax Abatement Program; and Item III.B.10., Resolution, Re:  Benefiting ThePeoplesVote.com as a Qualified Targeted Industry, from the Consent Agenda, to come back before the Board at a later date.

 

Commissioner Infantini stated for the record that she would like to vote nay on Item III.B.2., Permission to Issue Open Purchase Orders (FY 2011-2012), Re:  Vendors of Record.

 

Commissioner Infantini pulled Item III.C.3., Labor Agreement with LIUNA, Local 678, Re:  Modifications to Collective Bargaining Agreement, for discussion.

 

 

The Board adopted Resolution No. 11-195, updating the Planning and Development Fee Schedule to remove outdated fees, clarify existing fees, and adding the ability to offset costs associated with the large scale development review outside the existing fee schedule.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed the Contract for Sale and Purchase and accepted the easement from Gen Development, Inc. for the CDBG Main Street, Sidewalk, Drainage, and Utility Project for property located in Section 17, Township 21, Range 35. 

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed the Contract for Sale and Purchase and accepted the easement from Floyd Robinson for the Main Street Utility, Sidewalk, and Drainage Project for property located in Section 17, Township 21, Range 35.

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed the Agreement with the Florida Department of Environmental Protection (FDEP) to resolve a compliance dispute regarding the operation and reporting of the landfill gas wells located at the Central Disposal Facility (CDF).

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Budget Change Requests as submitted.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved the use of State Contract, Cooperative Contracts, and other agency Contracts as Vendors of Record on the Vendors of Record List; approved the use of the attached vendors determined to the sole source for the products or services indicated; approved the issuance of blanket purchase orders; authorized the Chairman to execute Contracts to those vendors exceeding $100,000; and approved competitive action in the event of unforeseen changes to the approved vendors and/or cooperative purchasing programs.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

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

NAYS:                Trudie Infantini

 

 

The Board granted permission to solicit competitive bids, quotes, and/or negotiate competitive agreements and award to lowest, responsive, and most qualified supplier; approved soliciting competitive proposals, establishing selection committees, and awarding contracts, and/or open purchase orders with the best-ranked proposer; approved exercising renewal options upon evaluation of supplier performance, and recommendation from user Departments/Officer, establishing the continuance of the contract favorable prior to extension of the agreement; and authorized the Chairman to execute contracts and contract renewals over $100,000 in annual value.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed an Agreement with Space Coast Emergency Medical Services, P.A. (John R. McPherson, M.D., P.A., and President) to provide Medical Director Services for the Brevard County Fire Rescue Department.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board authorized the Chairman to execute the Letter of Agreements with the Florida Agency for Health Care Administration's Low Income Pool for Primary Care Enhancement.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed Agreements with Florida Agency for Health Care Administration's Low Income Pool upon approval of the County Attorney and Risk Management; accepted a cash donation; and approved an increase of $358,659 in the Housing and Human Services Department's General Fund transfer for the required Low Income Pool match.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved the State Aid to Libraries Grant Agreement application and the 2012 Annual Plan, to the Florida Department of State, Division of Library Services for State Aid for Libraries FY 2011-2012.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board tabled the consideration of Economic Development Commission's (EDC) request for a resolution qualifying ThePeoplesVote.com as an eligible business under the County's Tax Abatement Program, to a future Board meeting.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board tabled the consideration of the Economic Development Commission's (EDC) request to consider adopting a Qualified Targeted Industry Resolution benefiting ThePeoplesVote.com to a future Board meeting.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed a State-funded Subgrant Agreement Contract for Hazard Analysis of Section 302, Facilities with Extremely Hazardous Substances, granted by the State of Florida Division of Emergency Management; authorized the County Manager or designee to sign all and any subsequent documents associated with the grant; and authorized the necessary budget actions.

 

 

The Board authorized the Human Resources Director to release a Request for Proposals from established companies for benefits consulting services beneficial for the continued operation of the Board's group self-insured health plan program; and authorized the Employee Benefits Insurance Advisory Committee (EBIAC) to act as the Selection Committee to evaluate all proposals submitted and to make recommendations to the Board.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved the proposed guidelines for the FY 2012 Brevard County Community Cultural Grant Program.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved the two-year Workforce Services Plan for 2011-2012; and authorized the Chairman to execute the forms required by the Workforce Investment Act (WIA) and the State of Florida Agency for Workforce Innovation (AWI) for the two-year Workforce Services Plan 2011-2012. 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board made no At Large Appointments.

 

 

The Board acknowledged the appointment by Commissioner Bolin, of Jim Kuzma to the Economic Development Commission of the Space Coast, with term expiring December 31, 2011.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board approved the billfolder as submitted.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Suzanne Valencia stated in 1998, the federal government told the State of Florida to limit nutrient pollution in rivers, lakes, and coastal areas by 2004; Florida environmental groups sued in 2008 to compel the Environmental Protection Agency (EPA) to intervene under the Clean Water Act; in 2009, the Agency settled under an agreement that would draft the standards for Florida; and after 11 years of stalling on the issue, there is finally some rules promulgated by the EPA.  She noted the rules were put into motion by President George W. Bush and crafted with two previous republican governors.  She stated 2,000 miles of the state's rivers and 380,000 acres of lakes, and 569 square miles of its coastal areas are polluted with runoff; the pollution is clearly damaging Florida's economy; the St. Johns River was closed in 2005 due to concerns for public health from massive algae blooms; property values along the St. Lucie Estuary dropped by $500 million due to a toxic algae bloom; and in 2009, Tampa Bay suffered a brown algae outbreak, which polluted the waters around San Marco Island.  She advised Florida depends on water, as it is the lifeblood of tourism; and to ask the EPA to withdraw its determination is counterproductive for the state.  She stated when the EPA conducted public hearings and solicited comments, they received 22,000 comments from people; 20,000 of those comments were in favor of having a nutrient load standard set; the EPA used the State of Florida's studies; and she would like to know why the State is against having clean water.

 

Jim Egan, Executive Director of the Marine Resources Council, stated the Clean Water Act guaranteed Americans to have unimpaired waters by the 1990's; and still, most of Florida's waters are impaired, and it is an economic loss to the community when waters are impaired.  He stated no one is a big fan of unnecessary regulation; there should be a level playing field; but because of the pressures on the State, very often it wants to have a lot of flexibilities, so a polluting situation might be allowed that would not be allowed someplace else; to actually have a number set to say it is what science says is healthy for the loads is very important; and that number is scientifically achievable.  He stated when the Marine Resources Council did tests of nutrient loading on all the tributaries into the Indian River Lagoon, there was no criteria to match it up with; the Council had to say that the water body had levels that were higher than what a sewage plant is allowed to contribute, but that did not mean that they were not allowed to do it; and they are still allowed to do it.  He advised having the criteria in place would be very valuable in terms of having a level playing field in ensuring that Florida's waters are kept clean. 

 

Linda Behret stated the water quality in the community is important to her as a resident; tourism is one reason that numeric nutrient criteria is important to the economy, but it is also important to the fishing industries; fresh and saltwater fishing generates over $6 billion and over 50,000; and the commercial fishing industry generates $5.6 billion and 108,000 jobs.  She stated numeric nutrient criteria does not affect lawn care companies, which can do business under more stringent ordinances; they are free to apply any other kind of nutrients during the summer rainy season, which is the time that the fertilizer would runoff into the waterways; and so having more stringent water regulations would not put lawn companies out of business.  She noted many fertilizer companies already offer summer-safe products; those companies have gone from two percent of the market to between 70 and 90 percent of the market in areas with summer application bans; and the ordinances do not affect the sale of plants, planting mater,  or potting soil.  She requested the Board not send a resolution to the EPA to take away the regulations.

 

Ernie Brown, Natural Resources Management Office Director, stated the item before the Board is a letter requesting the EPA allow the State of Florida the ability to continue to pursue something it had been pursuing and implementing for many years, which are the Total Maximum Daily Load criteria that is the requirement within the Clean Water Act of 1972, as well as the Basin Management Action Plans; the letter is not asking the EPA to remove the requirements, it would just ask the EPA to not impose nutrient numeric criteria, which is not based on sound science; it is a general standard for all estuarian bodies; it has already been done for the freshwater systems; and it is not tailored to the specific needs of each water body.  He noted on many occasions, the Board has heard him pontificate about the value and importance of the waterways, and the health and vitality of the waterways, and he still stands by those; the economic stability is intricately linked to the health of the waterways; and devising a criteria that is implementable is an effort that must be tailored to the needs of the waterways with a greater assurance that it will be achieved.  He stated unfortunately, the generic standards in the NNC's that the EPA has proffered, are very generic and not tailored to Brevard's waterways, and no guarantee that when the County spends the millions of dollars required to meets those NNC's, that it will actually achieve the water quality it is trying to achieve.  He state the subject item is just asking the EPA to allow the State to continue on its process; the DEP (Department of Environmental Protection) has agreed to meet the federal deadlines; and it is just asking that the State be able to tailor the water quality criteria requirements to each water body, so that they are actually implementable with a measurable return on that investment.

 

Commissioner Anderson stated the way he understands it, the federal government is looking at a more regional approach, which really hurts everybody; it is arbitrary and capricious because the federal government is saying that this section of Florida has to meet these nutrient loading numbers, when Brevard is much different than other counties, and vice versa; and the State is asking is for the EPA to back off and let it work on the local level, which would be more beneficial to the waterways in the end. 

 

Mr. Brown concurred with Commissioner Anderson, and stated the Natural Resources Management Office is working with the State right now to revise, refine, and bring sound and current science to the specifics of the Indian River Lagoon, so that whatever is implemented is measurable and so staff can see genuine accomplishments to an outcome that not only benefits the economy, but the recreation as well as the importance of the ecological aspects within the rivers.

 

Commissioner Nelson stated there are two things that trouble him about the resolution; one is that it does not say what Mr. Brown just said; the resolution says the County wants to have the EPA drop its criteria; but it does not take a step to ask the EPA to allow the State of Florida to create a different criteria for consideration; and he understands there are problems with what is currently being done.  He stated another issue is that there are some significant environmental organizations in the County, and it would have been helpful if there had been an opportunity for them to weigh in on the subject in a more formal way.

 

Mr. Brown stated Section One of the Agenda Report specifies the petition, but the petition is 31 pages long, and in it, it says the DEP is going to move forward with the deadlines as proposed by the EPA; and he is confident the environmental interests would appreciate the importance of tailoring the science to the actual need within the waterways to ensure there is a measurable and achievable goal.  He noted he is a proponent of concentration base as opposed to load base because it is more measurable; and to apply a generic standard can be economically and environmentally catastrophic because there is no way to effectively determine whether or not it is going to achieve what the County is trying to achieve.  He stated he has seen reductions in phosphorous and nitrogen for years, and there have been improvement in seagrasses tenfold over the last six years, except for this year; this year, because of the invasive algae bloom, in some sections of the Indian River Lagoon, there has been a 100 percent reduction of what has been achieved in the last 10 years; and that is not a result of a spike in nutrients, but it is a complex eco-system response to an algae bloom and other factors.  He stated the challenge he deals with as a scientist is, the current proposals on the table do not address that, but it is linked to a simple equation that the County could spend $1.3 million on and never achieve.  He stated he agrees with Commissioner Nelson that maybe more time should have been spent with the environmental community to explain what the petition is trying to achieve, because it is trying to achieve more sound environmental stewardship, better responsive science, and a way to actually achieve some progress.

 

Commissioner Nelson stated based on Mr. Brown's assurance that in the 31-page document it talks about creating a standard that still meets the intent of the criteria as opposed to the absolute of the criteria, he will support the item; and asked Mr. Brown to make sure the environmental community is involved throughout the process.

 

The Board adopted Resolution No. 11-194, requesting that the United States Environmental Protection Agency (EPA) affirmatively consider and grant the Florida Deparment of Environmental Protection's (FDEP) petition requesting the EPA withdraw its determination that Numeric Nutrient Criteria (NNC) are needed in only Florida, repealing federally-promulgated NNC for Florida, and discontinue proposing or promulgating additional NNC in Florida. 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Jim Egan, Executive Director of the Marine Resources Council, stated the County is proposing to move forward with a study to look at issues specific to the Indian River Lagoon concerning nutrient issues to determine if the current criteria that the FDEP (Florida Department of Environmental Protection) is using is appropriate for the area.  He stated he believes the motivation for the agreement is if the County were to continue forward with the current criteria the FDEP is using, it would be very expensive for the County to meet some of the goals.  He stated he is a big believer in doing the science, but also, the fact has to be recognized that there are some things that are very much known about the Indian River Lagoon; it is known that there is too much nitrogen and phosphorus in the system; science shows that a single pound of too much nutrients can produce 500 pounds of algae; and there are too many nutrients being put into the system.  He noted Brevard County has a very rainy season and those nutrients get transported into the system causing problems; in dry years the nutrients do not get transported resulting in better sea grasses; and he would like to tell the Board that the increase in sea grasses the Lagoon has had over the last number of years is because the Marine Resources Council is doing a good job, and also because there has been the right climate; but when there is a bad climate again, it can be expected that the sea grasses will get worse.  He stated nitrogen and phosphorus are a big part of the problem; the Marine Resources Council has considered doing specific studies in the area, but it cannot expect to really avoid the cost of having to reduce the nitrogen and phosphorus; but on a positive note, a study does not have to be done in the most expensive way; and when the Board hears the cost can be in the millions of dollars it is because of the way the studies are done.  He stated an issue the Marine Resources Council brought before the Board previously is the fertilizer ordinance, which would set before a homeowner the best fertilizing at the best time, because they can produce the best result and have the minimum impact on the systems, which is very important.  He noted the proposed study will not produce new alternatives; it will just find the information that will help the County work with the DEP to try to avoid some of the costs of dealing with the TMDL's; a small amount of money spent on a program like Florida Yards and Neighborhoods, which reaches out to the public to get people educated so that they are not wasting their money.  He stated if the Board is going to invest money into a study, it can invest less money and put some effort into reaching those homeowners who are currently and unknowingly part of the problem, and make them part of the solution.

 

Linda Behret stated she agrees with Mr. Egan.

 

Ernie Brown, Natural Resources Management Director, stated Mr. Egan is correct in that there are a great deal of cost effective ways that can be employed to reduce nutrients going into the waterways.  He advised the proposed study effort will go towards the direct linkage of reducing nutrients, and that success is going to be evidenced by recovering sea grasses; the sea grass recovery and decline is more related to rainfall, climate, and other factors, and does not have a direct correlation to nutrients; currently, the TMDL is saying the Lagoon is successful in that the sea grasses are recovered; and that is not an accurate assessment of the case. 

 

Commissioner Nelson stated the study is to make sure the County matches up the effort with the criteria; and as long as it is going in that direction, he agrees with that, as there cannot be too much information related to what the options are.  Chairman Fisher agreed with Commissioner Nelson. 

 

The Board executed an Interlocal Agreement with local municipalities to cost share a study to update and revise the Total Maximum Daily Loads (TMDL) of Nitrogen and Phosphorus adopted by the Florida Department of Environmental Protection (FDEP) for the Indian River Lagoon (IRL).

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Infantini stated the item is in regards to the Board's Contract with its union; it includes a provision for a 2.5 percent pay raise; and until the budget and the final numbers are in, it would be prudent to hold off on approval until after the millage rate is set so that the Board will know it has the funds available.  She stated otherwise, she fears the Board is making a commitment to offer a pay raise without having the funds behind it to support the pay increase. 

 

Howard Tipton, County Manager, stated the three-year Contract with the Laborers International Union is similar to the International Association of Firefighters Contract, which was approved by the Board in August.  He advised the Board is reducing the sick leave payout for future retirees; it is eliminating a short-term income protection program known as STIP; and in return, the Board is addressing a salary issue for the first year of the three-year Contract, as was done with the Firefighters, and does not provide for wage reopeners, which is standard in most contracts; and so the costs are fixed for three years.  He reiterated that the Contract and its structure is very similar to the Contract that was approved in August

 

Commissioner Infantini stated she thought the Contract did provide for a wage reopener in the event that the Board provide a salary increase to the Firefighters Union; and the Contract appears to say that either party has the opportunity to reopen the negotiations.  Mr. Tipton responded, that is correct, but it is not the standard reopener, which is something that is triggered if the County was to give raises in the future years; but in this case, the Union does not have the ability to come back and reopen.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

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

NAYS:                Trudie Infantini

 

 

Chairman Fisher called for a public hearing to consider a resolution vacating and accepting a Public Utility Easement (Pine Road Right-of-Way) in Morningside Beach Subdivision, as petitioned by Michael A. DiChristopher.

 

John Denninghoff, Public Works Director, stated the item is a continuation of a previous vacating public hearing on behalf of Michael DiChristopher; there are still some issues being worked through; and Mr. DiChristopher is seeking a continuance of the vacating to the October 18, 2011, Regular meeting. 

 

There being no objections hear, the Board continued the consideration to vacate a portion of Pine Road Right-of-Way in Morningside Beach Subdivision, as petitioned by Michael DiChristopher, to the October 18, 2011 Board meeting.

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Chairman Fisher called for a public hearing to consider an ordinance granting Economic Development Tax Abatement to Pharma Chemie, Inc.

 

Stockton Whitten, Assistant County Manager, stated the request is the final consideration of a Tax Abatement for Pharma Chemie, Inc., which is proposing to bring 40 new jobs with an average salary of $51,000; and the company would be located either in Melbourne or Palm Bay.

 

Commissioner Nelson stated a question was raised about some issues with the owner of the business in terms of some personal financial issues; he is concerned that he does not have enough information as to what the specifics were of those issues; apparently, the business is doing well and would be a good addition; but on the private side, there are some concerns with financial circumstances; and sometimes it is hard to separate the two.

 

Chairman Fisher stated Pharma Chemie, Inc. is a corporation, and the Board would be granted to the corporation and not to the owner individually.  Commissioner Anderson noted the Tax Abatement is based on performance, and if the company does not perform, the Board can withdraw the Tax Abatement.

 

There being no further comments or objections, the Board adopted Ordinance No. 2011-30, granting an Economic Development Ad Valorem Exemption to Pharma Chemie, 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; Pharma Chemie, Inc.; 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 Fisher called for the public hearing to consider the transmittal of the 2011-2 Comprehensive Plan Amendment package.

 

Robin Sobrino, Planning and Development Director, advised the Item is the transmittal of the second Comprehensive Plan Amendment package of 2011; there are several items in the amendment package, only one of which is a private application for Devereux Foundation, seeking a comprehensive plan amendment to Community Commercial so that it can make a minor expansion to its facility; the others are County-driven amendments that help to freshen the capital improvements element, which is something staff does on a regular basis; and it will also freshen language in some of the heavy industrial land use classification, and cleaning up some scriveners errors.

 

Steve Monroe, Vice President of Engineering for M.E. Construction; and he is representing the Devereux Foundation.

 

There being no further comments or objections, the Board approved transmittal of the 2011-2 Comprehensive Plan Amendments, including one private application for The Devereux Foundation (2011.2.1) and four County initiated amendments.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Chairman Fisher called for the public hearing to consider an ordinance granting Economic Development Tax Exemption for Pilot Training College Florida, LLC.

 

Stockton Whitten, Assistant County Manager, advised the Item is the final consideration for tax abatement for Pilot Training College, which is proposing to not only build a facility for training purposes, but also to go from 29 to 104 employees over a 12-month period, with an annual wage of $47,639; and it is a 100 percent tax abatement.

 

Chairman Fisher inquired if the number of employees will increase to another 284 employees after the first 12 months.  Mr. Whitten confirmed that after the 12-month period the total increase will be from 29 employees to 284 employees.

 

Commissioner Bolin inquired where the company will be located; with Mr. Whitten responding the site is in Melbourne and is in conjunction with the Florida Institute of Technology.

 

There being no further comments or objections, the Board adopted Ordinance No. 2011-31, granting an Economic Development Ad Valorem exemption to Pilot Training College Florida, LLC; 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; Pilot Training College Florida, LLC; 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

 

 

 

Ian Golden, Housing and Human Services Director, advised in January 2010, the Board approved application and funding for Tropical Storm Fay disaster recovery dollars; as part of those dollars, there are approximately $6.5 million that came in for infrastructure projects; 14 percent had to be set aside for residential mitigation; and Item VII.B.1. includes the last residential units to be hardened with the dollars. 

 

Commissioner Infantini stated the item is to provide funding for housing to upgrade some existing structures; her concern is that the individual that is making the acquisition and reinvesting is only going to end up putting up a total of $276,000; and so far, the individual has only put up $148,000.  She stated what will happen is the County and the City of Melbourne will be putting up the lion’s share of the money to refurbish the apartments; and it is an unfair playing field, as the Board is paying almost all of the cost of refurbishing the structure.  She stated it is her belief that the money would go further if the Board worked together with an organization providing dollar-for-dollar matching. 

 

The Board executed an Agreement with Equal Housing Funds of Florida, Corp. (EEFC), in the amount of $300,000 in Community Development Block Grant (CDBG) Disaster Recovery Initiative (DRI) funds; and authorized the Chairman to execute subsequent modifications and amendments to the Agreement, upon review and approval by the County Attorney and Risk Management. 

 

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

 

 

Ian Golden, Housing and Human Services Director, advised Housing and Human Services contracts out the First Time Homebuyer Program; RFPs have been reviewed by the Affordable Housing Council; and Community Housing Initiative (CHI) is the agency the Council has recommended for funding.  He stated the contract is for $1 million over two years; $10,000 per year is guaranteed funding to the agency to provide a homebuyers education class; and the rest of the dollars are on a contingent basis.  He noted the agency only gets paid when it closes on a property; and the lion’s share of the dollars goes toward down payment assistance for those income eligible families. 

 

The Board approved the recommendation of the Affordable Housing Council, and executed the Agreement to award SHIP/HOME funds equaling $1,000,000 to Community Housing Initiative, Inc., for the administration of the County's First Time Homebuyer Program and the Homebuyer Counseling Workshop.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Jack Masson, Parks and Recreation Director, advised the Item is a request by the Community Development Institute, Head Start, for an extension of one year for the programs at Cuyler Community Center, Gibson Complex, and Woody Simpson Community Center, providing opportunity for increased school readiness for socially disadvantaged children. 

 

The Board adopted Resolution No. 11-196, and executed Agreement with the CDHIS as Interim Manager for use of Gibson Complex, and the Cuyler and Woody Simpson Community Centers as classroom facilities and use of the playground areas for the Brevard County Child Care and Head Start Program; and authorized the County Manager to execute an Agreement with the Final Manager, once that is determined, under the same terms and conditions.

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Stockton Whitten, Assistant County Manager, advised the Item is the refinancing of the 2001 bonds for the Parks and Recreation referendums of South, North, and Merritt Island; staff was able to get a very favorable interest rate going from 4.5 percent to 5 percent, and then all the way down to 2.5 percent; and the proposed resolution authorizes the refunding of the Series 2001 bonds.

 

The Board adopted Resolution Nos. 2011-197, 2011-198, and 2011-199, authorizing the issuance of bonds to refund the South Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2001; Limited Ad Valorem Tax Bonds (Merritt Island Recreation Municipal Service Taxing Unit Parks and Recreation Program), Series 2001; and North Brevard Recreation District Limited Ad Valorem Tax Bnds (Parks and Recreation Program), Series 2001.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the 2012 Legislative Program and identified priorities for the September 7, 2011 legislative session.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Halsey Chandler stated he represents VFW Post 4534 in Rockledge; and he introduced Bill Cox, the Founder and President of Some Gave All; Chip Hanson, the District VIII Committee Chairman for Homeless Veterans; and George Taylor.  He stated he was going to request a resolution pertaining to acquiring a lease at the state prison in Sharpes; it seems the Commissioners have more questions than he has answers to; and he will withdraw his request for a resolution, but he would like to defer his remaining time to George Taylor.

 

George Taylor stated the Agenda Item was a surprise to him; he was not aware that someone had requested a resolution for national veterans homeless support; not only did the request go to the Board of County Commissioners, but it went to the State as well; and he personally did not make the request.  He noted there is still a major issue in the community; and he would like to have an opportunity to get with some partners in the community and look at a plan that might be suitable.  He advised there are 17,000 homeless veterans in Florida; 46 percent of them are of the Vietnam era; the Vietnam era has 850,000 veterans left; and is down a rate of 369 per day.  He stated the Pentagon released new statistics that in 2012, 20 percent of the population will be women; in 2020, 40 percent of the military members will be women; and there is a huge trend coming with women and children, and there is a long way to go with the VA facilities.  He advised presently in the State of Florida there are 17,000 homeless veterans, of which 30 percent are Iraq and Afghanistan, and four percent women; and there really needs to be County, or entity, to step up and start planning to receive the veterans who are coming home.  He reiterated he knew nothing about the Agenda Item, but he would like an opportunity to review the facility.

 

Chairman Fisher stated the Board can accept that; and advised he received a letter from the Department of Corrections in August, which indicated the Department's intention to use the facility in Sharpes as a probation office for the parole officers. 

 

The Board acknowledged Halsey Chandler's citizen request, and acknowledged George Taylor's comments on converting the Department of Corrections Facility in Sharpes to a living center for homeless U.S. Military Veterans.

 

  

 

Upon consensus, the Board adjourned at 1:16 p.m.

 

 

 

ATTEST:                                                                                                                                

                                                                        ROBIN L. FISHER, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _______                      BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK