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Regular Session on Wednesday, September 9, 2020

Brevard Soil and Water Conservation District
Board of Supervisors
Business Meeting Minutes

The Brevard Soil and Water Conservation District met in regular public session on Wednesday, September 9, 2020, at 4:00 p.m., in the UF/IFAS auditorium, UF/IFAS Extension Brevard County, 3695 Lake Drive,
Cocoa, Florida.

The meeting was called to order by the Deputy Chairman, Henry Minneboo , at 4:00 p.m. COVID-19 personal and environmental protection procedures for public meetings in Brevard County buildings and areas were in effect at the Board of Supervisors meeting.

Board members present were: Henry Minneboo; Jonathan Schuman ; and James Sloan.

Staff members present: Joe Walter, Chelsea Partridge, Mike Engelgau.

Attached Documents

Passed by Motion & Vote –
Due to lack of quorum no minutes nor treasurer report were reviewed and approved at this Board of Supervisors meeting. The August 12th meeting documents will be reviewed for approval at the October 14th meeting of the Board of Supervisors.

Reported for Public Records –
No document nor correspondence was presented for public record.

Old Business

Jim Sloan provided a continuation of his commentary and notes on the Florida Statute Chapter 2020-150 (called the Clean Waterways Act of July 1st 2020) enacted by Governor DeSantis as a result of an omnibus bill passed by the Florida Senate. The new law supports the Soil and Water Conservation Districts’ promotion and advocation for water quality projects, as-well-as, supports emphasis on best management practices for agricultural land-use areas, along with interagency rules for biosolid applications and remediation of subsequent  environmental contamination. He provided an index of the 33 sections of Chapter 2020-150, with an excerpt from each section, for the information of the supervisors and staff in attendance. A discussion of the changes and impacts of role reassignments on the FL/IUS Extension, Department of Health, Department of Environmental Protection and other state agencies’ responsibilities for water source management was conducted by board members.

Adam Perez had stated that, as per the January 8, 2020 meeting minutes, his term as Board Secretary and Board Treasurer was to expire at the July 8th board meeting. Jim Sloan has assumed the role as Board Secretary. After discussion about the transition of Bank of America checking and CD accounts, Jonathan Schuman volunteered to accept the Board Treasurer position for the remainder of this calendar year, AD 2020. Due to the logistics of getting a new account holder authorized onto the District’s bank account, the Board had proposed and agreed to simply retain Adam as the account holder until his term in office expires on January 12, 2021. This agreement and Jonathan Schuman, as Board Treasurer, will be taken up with Adam Perez in attendance and confirmed as old business during the October 14th board meeting.

New Business

Mike Engelgau announced that the vacant District Conservationist position in Cocoa was advertised for competitive personnel selection by USDA/NRCS.
The recent update to our district’s updated profile (for Jack Gaskins at FL DEO) left a question about our email address field for official purposes. It was decided that the email address should remain as: mike.engelgau@dev-district.afcd.us and Jim Sloan would notify Jack Gaskins at FL DEO.

There was a discussion of whether joint field surveys by two or more supervisors working on the same study, survey or project plan was a violation of the Florida Sunshine and Public Records Laws. One supported position was that if the data gathered and the actual survey process & activity itself was reported for public record at a subsequent meeting of the District Board of Supervisors then the law would be satisfied. It was stated that joint field work by supervisors was necessary; since the supervisors have no assigned, salaried administrative staff (except for one soil & water technician) to carry out field surveys, studies, and project plan development as defined in the FL Statute Title XXXV Chapter 582. The opposing position by a supervisor and staff member was that any such joint activity outside of public meeting places violates the Florida Sunshine Law – Public Meetings, Section 286.011(1) which provides:
“All meetings of any board or commission of any state agency or authority or of any agency or authority of any county, municipal corporation, or political subdivision, except as otherwise provided in the Constitution, including meetings with or attended by any person elected to such board or commission, but who has not yet taken office, at which official acts are to be taken are declared to be public meetings open to the public at all times, and no resolution, rule, or formal action shall be considered binding except as taken or made at such meeting. The board or commission must provide reasonable notice of all such meetings.”
The discussion will be carried over to a subsequent District Board meeting as Old Business; after consultation with other State agency officials, such as Jack Gaskins of the Florida Department of Economic Opportunity
Special District Accountability Program Office.
Upon consensus of the Board, the meeting was adjourned at 5:00 p.m.

Prepared for board review and approval by ,
Secretary, Board of Supervisors
James E. Sloan
10/13/2020