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 Bishop Merton Clark, Truth Revealed Ministries, Palm Bay.

 

 

 

Chairman Robin Fisher led the assembly in the pledge of allegiance.

 

 

 APPROVAL OF MINUTES

 

The Board approved the September 13, 2001, First Budget Hearing and September 27, 2011, Final Budget Hearing; October 4, 2011, Regular Meeting; and October 6, 2011, Zoning Meeting Minutes.

 

 

 

 

The Board adopted Resolution No. 11-251, welcoming and recognizing the Ride 2 Recovery Participants; and expressed its appreciation to the group for their efforts in making a difference in the lives of veterans. 

 

 ITEM I.B.,  RESOLUTION, RE:  PROCLAIMING NOVEMBER 2011 AS PUERTO RICAN HERITAGE MONTH

 

Commissioner Nelson read aloud, and the Board adopted, Resolution No. 11-252, proclaiming the month of November 2011 as Puerto Rican Heritage Month.

 

Sam Lopez advised of the celebration and activities during the month of November in honor of Puerto Rican Heritage Month.

 

 

 

Commissioner Bolin read aloud, and the Board adopted, Resolution No. 11-253, honoring Duwayne C. Lundgren for his lifetime of dedication to his faith, the Brevard County Community, and the security of the Citizens of the United States of America.

 

Sue Lundgren expressed appreciation to the Board for the Resolution honoring her late husband.

 

 

 

Commissioner Bolin read aloud, and the Board adopted, Resolution No. 11-254, proclaiming November 15, 2011, as America Recycles Day.

 

Marcia Booth, Recycle Brevard, advised of the America Recycles Day event, which will be held at the Viera Regional Park on November 15th, from 2:00 p.m. to 6:00 p.m.

 

 

 

 

Jimmy Liesenfelt, Transit Services Director, announced Space Coast Area Transit (SCAT) has been named the 2011 Outstanding Transit System in the State of Florida, out of 32 systems in Florida; and stated this is only the third year the award has been in existence.  He commented on the importance of partnerships with the federal government, the Florida Department of Transportation, various State agencies, and cities; and stated he is happy to accept the award on behalf of the Transit Services Department.

 

 

 

Howard Tipton, County Manager, requested the Board's consideration to cancel the November 17, 2011, Workshop, as no topic has been assigned.

 

The Board cancelled the November 17, 2011, Workshop.

 

 

 

Howard Tipton, County Manager, advised Supervisor of Elections, Lori Scott, has requested that the discussion concerning site selection be postponed until after the current election activities that are scheduled to end on November 16th; and noted the next available meeting after November 16th is November 29th.

 

Commissioner Bolin inquired if there have been any major changes that would cause the Board not to be able to move forward with the discussion today.  Mr. Tipton replied the biggest change in the line up has been the withdraw of the Tax Collector's portion of the request to seek new space; the Tax Collector has stated she will be evaluating other options, including how to make better use of the existing space for an interim period of time; and staff is back to looking at the Supervisor of Elections' equipment and storage, as well as continuing to consider the storage requirements for the Public Defender's and State Attorney's records, which are at the Byrd Plaza location, with the lease expiring at the end of the year.  He stated there is time, in terms of the ability to postpone, but none of the options the Board is looking at today are new.

 

Commissioner Bolin stated she feels the Board is trying to protect a valuable investment that has been made into the machines, and they need to be removed from the current location as soon as possible; and stated she would like to proceed with the discussion today. 

 

Commissioner Infantini stated she would like to honor Supervisor Scott's request that the discussion be tabled until November 29th; the request began in 2007 by the former Supervisor; and she does not see a problem with postponing until November 29th.

 

Commissioner Nelson stated he is also inclined to honor the request of the Supervisor of Elections.  He noted the Board's organizational meeting is scheduled for November 22nd; and stated in the past, the Board has scheduled regular agenda items at the organizational meetings.

 

The Board tabled discussion of facilities options for the Supervisor of Elections Support Center, to the November 22, 2011, Organizational meeting.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Nelson stated himself and Commissioner Infantini, along with staff of other Commissioners, attended the meeting at the Veterans Center for their annual awards on October 23rd; and stated the Board received a plaque from the veterans in appreciation of its efforts on behalf of all veterans of Brevard.

 

 

 

Commissioner Nelson stated he attended an event at which a grant was awarded to Brevard Workforce Development Board, Technological Research and Development Authority, Space Coast Energy Symposium, and Space Florida; the grant was for $2.14 million and is for the purpose of developing a Space Coast Clean Energy Cluster; and stated that is good news for Brevard County.

 

 

Commissioner Nelson stated the County requires a special event permit for Christmas tree sales in order to evaluate the activity, but part of it is also an insurance requirement.  He stated there is a citizen who is contesting whether or not a special event permit is necessary given that the sales are on private property.  He inquired what is the County's exposure in that circumstance, and how does it differ from roadside stands, which also go through an evaluation process, but are not required to have insurance; and stated it seems like there is commercial property with a business on it, then there is a subset, which is temporary commercial activity on the same property, but insurance is required from one, but not the other.  He stated if the activity sprawls onto a street, such as with a street party or block party, he understands why the County would want a permit, because it is then on public property; but what he is referring to is being conducted on commercial property.   He advised his suggestion would be to waive the fees for a six-month period until the Board has an opportunity to identify the exposure, and direct staff to bring it back to the Board and make sure it is comfortable that the permit is necessary.

 

Chairman Fisher stated he does not know what exposure the County has if a church is selling trees on its own property and carries the proper insurance to protect its interests.  Jerry Visco, Insurance Director, stated it is a transfer of risk exposure; it is primarily to protect the taxpayer dollars from being used in the defense if something went wrong in the business operation; the County cannot avoid the exposure, or a lawsuit, when it permits an event, and when something goes wrong at an event, the operator and everyone who is connected with it is going to be sued.  Chairman Fisher pointed out that anyone can be sued for anything.  Mr. Visco stated the purpose of the insurance requirement is to transfer the exposure from County taxpayer dollars to the business operator who is conducting the activity.

 

Commissioner Nelson stated if someone applied for Christmas tree sales on the same property for a full year, they would have to go through a full review process and get a permit to be in that same location, doing the same thing, but the County does not require insurance under that circumstance. 

 

The Board directed staff to waive the insurance requirement for special events for a period of six months, excluding special events which would occur within public rights-of-way or public property; and directed staff to bring back to the Board an analysis of the issue within the six-month period, or as soon as possible.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

Commissioner Bolin commented on the Economic Development Commission meeting that highlighted the great accomplishments the EDC has done during the past year.

 

 

 

Commissioner Anderson announced for the second year in a row, his office, in conjunction with School Board members Andy Zeigler and Amy Kneessy are hosting Coats for Kids; and he encourages anyone who has slightly used, but preferably new, coats and jackets, to drop them off at high schools throughout the County.  He stated the coats will be distributed to kids in need prior to the Christmas break. 

 

 

 

Commissioner Anderson stated the Boy Scouts; the Golden Eagle Banquet is held annually to raise funds for Boy Scouts; this year, the banquet will be held in February; the host this year will be Jeff Bodine; and the honoree will Florida TODAY publisher Mark Mikolajczyk.  He noted the goal this year is $175,000.

 

 

 

Chairman Fisher stated at an event yesterday, Boeing announced the new space capsule will be built at Kennedy Space Center; it will create over 550 jobs over the next few years; and he appreciates the support that was shown at the event.

 

 

 

Commissioner Infantini pulled Item III.A.1., Interlocal Agreement with Brevard Municipalities, Re:  Consolidation of Federal National Pollutant Discharge Elimination System (NPDES) Permit and Other Stormwater-Related Public Outreach Requirements, for discussion.

 

The Board approved Interlocal Agreements with the Cities/Towns of Cape Canaveral, Cocoa, Cocoa Beach, Indialantic, Indian Harbour Beach, Malabar, Melbourne, Melbourne Beach, Palm Bay, Palm Shores, Rockledge, Satellite Beach, West Melbourne, and the Canaveral Port Authority, for maintenance and repair of existing and future traffic signals, luminaries, overhead signs, cameras, and Intelligent Transportation Systems (ITS) Maintenance. 

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board authorized a County Deed to return a 30-foot by 30-foot parcel of land to the prior owner, Thomas G. Winar, Trustee under Trust dated March 11, 1993, for property deeded to the County for a lift station site associated with the Town and Country Mobile Home Park and is no longer needed for that purpose. 

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed a Contract for Sale and Purchase in the amount of $280; accepted the Temporary Construction Easement (TCE) from Katrina Darden and Phyllis Rooney for the A-Lane Drainage Improvements Project; and waived the appraisal for the Phase I Environmental Assessment and Survey requirements for property located in the West Cocoa  area lying in Section 36, Township 24, Range 35. 

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed a Contract for Sale and Purchase in the amount of $105; accepted the Temporary Construction Easement (TCE) and Permanent Drainage Easement (PE) from Roy and Cheryl V. Bartlam for the Lake Drive Improvements Project; and waived the appraisal for the Phase I Environmental Assessment and Survey requirements for property located in the West Cocoa area lying in Section 25, Township 24, Range 35.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed a Contract for Sale and Purchase in the amount of $100; accepted two (2) Temporary Construction Easements (TCE) from Moolchand and Haimwattie R. Pariag for the Lake Drive Drainage Improvements Project; and waived the appraisal for the Phase I Environmental Assessment and Survey requirements for property located in the West Cocoa area lying in Section 25, Township 24, Range 35. 

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board granted permission to award to lowest bidder, or purchase using existing State or other Florida government contract, heavy equipment budgeted for purchase in FY 2011-2012, valued at $4,146,101, consisting of three (3) semi-truck tractors (eight and twelve years old), four (4) transfer trailers (eleven years old), one (1) excavator (eight years old), two (2) dozers (five and six years old), one (1) compactor (four years old), two (2) four wheel drive mowing tractors (twelve years old), three (3) loaders (seven, eight, and twelve years old), and one (1) articulated dump truck (ten years old).

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board granted permission for you to seek a Request for Information (RFI) from firms that are offering new technology in the disposal of solid waste; and approved the formation of an Evaluation Committee consisting of you; Mel Scott, Assistant County Manager; and Ernie Brown, Natural Resources Management Director.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed a third Co-Construction Agreement and Escrow Agreement with Walkabout Residential Company for the construction and permitting of additional raw water transmission piping concurrently with the construction of roadway infrastructure in the Walkabout development; terminated the Second Infrastructure Co-Construction Agreement and recovery of the remaining, unspent funds deposited with the Second Esrow Agreement; and approved all associated budget changes. 

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Budget Change Requests as submitted.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed the modification to the Subgrant Agreement with the Division of Emergency Management for the Federal Hazard Mitigation Grant Program, the funds of which will be used to complete the upgrade of the bay doors, and to outfit the windows with protective shutters in the 31 fire stations; and authorized the Fire Chief to execute any follow-up documents required by FEMA, and any budget changes necessary to accommodate the modification.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed an Interlocal Agreement with the Town of Melbourne Beach to provide E911 dispatching services.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed an Interlocal Agreement with the City of Satellite Beach for Automatic Aid.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed an Interlocal Agreement with the City of Indian Harbour Beach for Automatic Aid.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed the Agreement with Cape Canaveral Volunteer Fire Department, Inc. for E911 dispatch services and facility use for Brevard County Fire Rescue ambulance.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board executed the Agreement with the City of Cape Canaveral and Canaveral Port Authority for E911 dispatch services with Automatic Aid.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed the Agreement with the City of Rockledge for E911 dispatch services, automatic aid, and facility use for Brevard County Fire Rescue ambulance.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board authorized the Chairman to submit a letter to the Space Coast Transportation Planning Organization (TPO) authorizing Space Coast Area Transit to continue as the Community Transportation Coordinator (CTC) in Brevard County.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board waived competitive bid requirements and approved utilization of Replay Systems to purchase Nine (9) call logging recorders for the County Public Answering Points; and approved any necessary budget actions.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed the Memorandum of Agreement (MOA) with the Orange County Sheriff's Office for the Orlando Urban Area Security Initiative; directed the County Manager or designee to execute the Agreement in accordance with provisions of the Agreement; directed the County Manager or designee to sign any subsequent documents associated with the Agreement; and authorized the Emergency Management Director to act on behalf of the Board of County Commissioners for issues concerning the Grant with the Orlando Urban Area Security Initiative.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board approved Policy BCC-86, Release of Telecommunications Recordings.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board approved the billfolder as submitted.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board executed an Interlocal Agreement to form a consortium with interested local Municipalities for consolidating stormwater-related public outreach to meet the requirements of the County and Municipality's National Pollutant Discharge Elimination System (NPDES) permits.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

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

NAYS:                 Trudie Infantini

 

Bob Willie requested clarification of a property that was discussed by the Board on October 18th for site selection of warehouse needs for the Supervisor of Elections.  He mentioned property that is available on Atlantis Road in Nasa Commerce Park; the property was not in the package that was presented to the Board today; and he inquired if the Board wanted to consider the Atlantis Road property for the Supervisor of Elections.

 

Stockton Whitten, Assistant County Manager, stated in August, staff brought to the Board all of the proposals that had been received, including the Atlantis Road property; but that property did not make it to the Board's short-list of properties to consider because of issues such as it is slab-on-grade, the air conditioning needs upgraded, and the building is not insulated.  He noted given the size of the Atlantis Road site, it would be limited to the Supervisor's warehouse needs.

 

Commissioners Infantini and Anderson expressed interest in considering the Atlantis Road property as a possible location for the Supervisor of Elections, Elections Support Center.  Chairman Fisher advised Mr. Willie to give the information on the Atlantis Road site to Mr. Whitten, who will distribute it to the Board.

 

 

 

Ray Brown commented on a roofing company that sprayed silicone on the roof of his business, damaging many vehicles in the process.  He stated he was informed by the County that the company did not need a permit; stated the County is losing money, as the company that did the work was from Volusia County; and stated if a company comes to Brevard from another County, they should have to pay more, because the money is not staying in Brevard County.  He stated there needs to be accountability for companies from outside Brevard County who do business in the County; and commented on the perception that Licensing and Code Enforcement do not communicate.  He further commented on roadside vendors from outside the County who take business away from established local businesses.

 

Mel Scott, Assistant County Manager, advised individuals are not required to obtain a permit in Brevard County to paint, but there is a requirement to be a licensed painter; and in the instance of Mr. Brown's roof, it would have been viewed as painting, and not something that required a permit.  He noted Licensing and Code Enforcement are part of the same department tied into the same computer system, and there is communication between the two; and if Mr. Brown sees instances where there is a breakdown in communication, then he should bring it to the attention of staff, but he understands that miscommunication can happen, especially when working in the field.  He stated fines in Brevard County are a last resort after compliance has been sought; if a contractor is caught on a job without a permit, he or she will be paying twice, or three times, the fee for an after-the-fact permit; many people view that as a fine because they are paying twice as much as what they would have if they would have obtained the permit before the work commenced.  He stated Mr. Brown's concern of roadside vendors is a point of frustration that staff hears a lot from commercial business owners that have made an investment and have insurance and staff, and then has competition from a vendor on the side of the road; the challenge in the Code is that many of the roadside vendors have gotten savvy enough to recognize that if they are in the median or on the rights-of-way of a State Road, the County does not have jurisdiction; and staff can enforce roadside vendor regulations on County rights-of-way, but State Roads 520, 528, A1A, and U.S. 1 are all corridors the County does not have jurisdiction over. 

 

 

 

Chairman Fisher opened the public hearing.

 

There being no objections, the Board adopted Resolution No. 11-255, vacating a Public Utility and Drainage Easement (Koloa Drive) Catalina Isles Estates, Unit Two-A - Audrey Carol Bissell

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

Chairman Fisher opened the public hearing.

 

There being no objections heard, the Board approved revisions to the Merit System Policy IX, Leave, in accordance with Chapter 82 of the Brevard County Code of Ordinances, Personnel.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

Chairman Fisher stated he would be in favor of tabling the Item.

 

Commissioner Anderson stated the Wetlands Working Group spent seven months working on the recommendations and only have a seventy-percent consensus.  He stated developers will rush to annex into cities that have less restrictive comprehensive plans to get away from the County's restrictions; and if the County's restrictions are lightened up a little, it can offer to work with the commercial developers, and they will not leave to go to a city.

 

Ernie Brown, Natural Resources Management Office Director, stated in February 2011 the Board convened a working group made up of professionals throughout the County, who were charged with finding ways to streamline and increase flexibility within the Conservation Element Wetland Policy, and to ensure the County is not duplicating the regulatory framework at the State level, while still meeting the obligations under the State's Growth Management Act.  He advised the working group has achieved 70-percent consensus on a number of items, including modifications to how wetlands can be impacted in a half-mile radius around I-95 interchanges; one element modifies an infill concept in which when there is existing commercial, impacts would be allowed on abutting, or adjoining, properties; and stated another element deals with commercial corridors, allowing for impacts to wetlands along a commercial corridor.  He noted the working group also addressed the challenges with institutional land uses on commercial/residential future land use designated properties; and upon review by  County staff, it was determined that some modifications would need to be made to the proposals for implementation and clarity.

 

Chairman Fisher stated he would prefer to direct staff and the County Attorney to work on some of the language and clear up some of the misunderstandings, and schedule a Board Workshop for January on the subject. 

 

Commissioner Infantini stated if the Board does not take action soon, the County is not going to be able to grow; the Board wants to create jobs, yet it puts so many restrictions on developers that it is difficult for anyone to build anything; and she is concerned about continually delaying the issue.

 

Commissioner Anderson stated he is in favor of a workshop, if the purpose is to broaden the scope of the recommendations.

 

Commissioner Nelson stated he agrees with a workshop; and he agrees there needs to be some clean up. 

 

Mr. Brown stated the objective for today's meeting was to present the Board with where the working group landed and to start the conversation; but staff can bring back to the Board some clarifying elements. 

 

Mary Sphar commented on possible solutions to some unresolved issues in the wetlands amendment, including the corridor language, and stated the language is fatally flawed because it gives breaks to some parts of the County and not others.

 

Commissioner Nelson stated what the Sierra Club and the Partnership for a Sustainable Future did was give the Board some points of contention, and he would want to see that from anyone who had an issue, from either side, because it helps the Board focus on the things the two sides do not agree on, versus the whole document; and he would like to see that documentation well in advance of any decision by the Board.

 

The Board tabled consideration of the Wetlands Working Group recommendations regarding amendments to Brevard County Comprehensive Plan, Conservation Element, specifically addressing Objective 5 - Wetlands, to a workshop meeting in January.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

The Board authorized the County Manager to enact the Termination at Will, without cause, section of the Delegation Agreement with the State of Florida Department of Children and Families, for the Child Care Licensing and Enforcement Program for 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 adopted Resolution of Necessity No. 11-256, for the Wickham Road Widening and Improvement Project in Sections 10 & 15, Township 26 South, Range 36 East, Brevard County, Florida; and directed staff to proceed with this action in accordance with the statutory requirements set forth in Chapters 73 and 74, Florida Statutes, applicable to "quick-take" proceedings. 

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

Robin Sobrino, Planning and Development Director, displayed photographs of the property owned by Charles A. Tovey, Jr., 2555 Roberts Road, Melbourne. 

 

Mel Scott, Assistant County Manager, stated the Board has the ability to bring properties into compliance with the Code through the injunction process; the subject property has been in violation for several years; and stated in 2009 there was a fire on the property to the extent that the plumbing and electrical are not functioning in the house.

 

Ms. Sobrino stated some issues with Mr. Tovey's property include overgrowth, junk and debris on the property, and an unsafe residential structure, which is just south of the Pineda Causeway.

 

Commissioner Anderson stated the Board is asking a judge to force Mr. Tovey to clean up his property; and noted there would be a significant health and safety threat to the neighborhood if a tropical storm occurs.

 

The Board granted permission for the County Attorney to file an injunction against Charles A. Tovey, Jr., property owner of 2555 Roberts Road, Melbourne, Florida, for continuing violations of Brevard County Code Section 94-47, Maintenance of Property; Section 14-48-28(b), Residential Maintenance; Sections 94-311 through 94-314, Junk/Abandoned Vehicles; and Section 62-2117(b), Parking, Locating, and Storing of Recreational Vehicles and Equipment; and to abate the unsafe structure located on the property.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Joe Morgan, Chairman of the Brevard County Historical Commission, stated the purpose of the Historical Commission is to honor the past, explore the present, and shape the future; and requested permission to provide historical information at the end of Agendas.

 

Howard Tipton, County Manager, stated it was suggested by Chairman Fisher's Aide, Liz Lackovich, that there could possibly be a way to provide a link to the Historical Commission's website from the Agenda on the County's website.

 

The Board reached consensus to approve a request by Mitch Needelman, Clerk of Courts, and Joe Morgan, Chairman of the Brevard County Historical Commission, to insert historical Brevard County facts at the end of Regular Board Meeting Agendas.

 

 

Upon consensus of the Board, the meeting adjourned at 10:40 a.m.

 

 

ATTEST:                                                                                                                                

                                                                        ROBIN L. FISHER, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _______                   BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK