Call to Order

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INVOCATION

 

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

 

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PLEDGE OF ALLEGIANCE

 

Commissioner Chuck Nelson led the assembly in the Pledge of Allegiance.

APPROVAL OF MINUTES

The Board approved the January 25, 2011 Regular Meeting Minutes.

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  I.A.  RESOLUTION, RE:  CONGRATULATING THE CITY OF SATELLITE BEACH ON RECEIVING THE CREATIVE ORGANIZATIONAL DEVELOPMENT AND FUNDING AWARD

Commissioner Bolin read aloud a resolution congratulating the City of Satellite Beach on receiving the Creative Organizational Development and Funding Award.

 

Joe Ferrante, Mayor of Satellite Beach, expressed his thanks to the Board; stated it is wonderful to partner with the County on so many things, including Hightower Beach Park, Schechter Center, Pelican Beach Park, and all of the ball fields; and he invited the Board to the Hightower to view a beautiful sunrise.

 

The Board adopted Resolution No. 11-025, congratulating the City of Satellite Beach on receiving the Creative Organizational Development and Funding Award; and congratulated all the partners for their hard work for the benefit of the residents of Brevard County and the City of Satellite Beach.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  I.B.  RESOLUTION, RE:  RECOGNIZING COAST GUARD STATION PORT CANAVERAL FOR BEING NAMED THE 2010 REAR ADMIRAL BENNETT “BUD” SPARKS AWARD RECIPIENT

Commissioner Anderson read aloud a resolution recognizing the U.S. Coast Guard Station Port Canaveral for being named the 2010 Rear Admiral Bennett "Bud" Sparks Award recipient.

 

Chief Warrant Officer James Dubea expressed his thanks to the Board for the recognition; stated there were three awards given last year to the U.S. Coast Guard Station Port Canaveral; his Senior Chief Carson is doing an excellent job with the reserves; and he is looking forward to continuing on with great work.

 

The Board adopted Resolution No. 11-026, recognizing the U.S. Coast Guard Station Port Canaveral for being named the 2010 Rear Admiral Bennet "Bud" Sparks Award recipient. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  I.C.  RESOLUTION, RE:  RECOGNIZING LT. ERNIE BROWN FOR BEING NAMED THE 2010 COAST GUARD RESERVE OUTSTANDING JUNIOR OFFICER

 

Commissioner Anderson read aloud a resolution recognizing Lieutenant Ernie Brown for being named The 2010 Coast Guard Reserve Outstanding Junior Officer.

 

Lt. Ernie Brown expressed his thanks to the Board, County Manager, and Assistant County Managers for the recognition; stated the support of a person’s employer is what makes the Reserve Program possible; it is equally important to express his thanks to his coworkers; he has had short activations this week with Shuttle operations, but when he was away for 60 days at Deep Water Horizons, the crew in Natural Resources really closed the gap; and it was a heavy lift.  He stated there are just over 12 Reserve or National Guard Members who are employed under the Board and that does not include the Sheriff's Office; the Board's commitment and dedication to the Reserve and National Guard Programs really is what makes it happen; and he expressed it is an honor to serve his Country and defend its Constitution, but also to serve as a Citizen Sailor.

 

The Board adopted Resolution No. 11-027, recognizing Lieutenant Ernie Brown for being named the 2010 Coast Guard Reserve Outstanding Junior Office.        

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REPORT, RE:  SPACE COAST AREA GOOGLE TRANSIT

 

Howard Tipton, County Manager, noted Space Coast Area Transit (SCAT) is now on Google Transit; Google provides a transit planning program; there is no cost to the County or the users; and it is a great way to plan for the next trip on SCAT.  

REPORT, RE:  WAIVER OF SPACE COAST AREA TRANSIT BUS FARES FOR HOMELESS VETERAN STAND DOWN

Commissioner Nelson advised the Veterans Memorial Center is having its Homeless Veteran Stand Down; historically the Board has waived the SCAT fees for Veterans to be able to get there, the cost is $60; and he would like waive the bus fare for those Veterans traveling to the Stand Down.

 

The Board waived the required Space Coast Area Transit (SCAT) bus fare for those Veterans traveling to the Homeless Veteran Stand Down at the Veterans Memorial Center.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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REPORT, RE:  VALKARIA AIR FEST

 

Commissioner Infantini expressed her appreciation to Valkaria Airport Manager, Steve Borrowski for his efforts and a successful Valkaria Air Fest event.

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REPORT, RE:  SCHEDULING EVENING BOARD OF COUNTY COMMISSION MEETINGS

 

Commissioner Infantini stated she was asked by a local group to see if the Board could have more evening meetings because it is very difficult for the public to attend; she knows city council board's have meetings in the evening; and she would like to see if she can get some support.

 

Commissioner Anderson advised he would have to look at his calendar because he if fully-scheduled at this time; and inquired if Commissioner Infantini could bring it up again next week, as he would be more prepared.

 

Commissioner Nelson stated there are already Zoning meetings scheduled that have been extremely light, he thinks if there is any item that a Board Member believes will have significant attendance, those could be scheduled for the Zoning meetings that are held once a month.

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REPORT, RE:  BEACH PARKING FEES

 

Commissioner Infantini stated she has received a lot of phone calls and emails regarding the beach parking; she thought it was going to be placed on the Agenda; she inquired if there is anyone in the audience who wanted to talk about beach parking; and she told the individuals she spoke with that she would make a motion to rescind the $5 parking fees.  She advised when she approved a pilot program, the only thing that was discussed was parking meters and she did not know anything about this $5 fee; and she does not want to be held accountable for it, but she will be accountable for the pilot program.  She stated she will hold off until the Public Comment section of the Agenda because she asked people to attend this meeting.

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REPORT, RE:  VALKARIA AIR FEST (D-4)

 

Commissioner Bolin stated she also attended the Valkaria Air Fest, it was an absolute superb event..

 

REPORT, RE:  EMBRAER RIBBON CUTTING

 

Commissioner Bolin stated she attended the Embraer ribbon cutting, it took a team effort to bring Embraer to Brevard County; and she acknowledged former Commissioner Helen Voltz, who voted to bring Embraer to Brevard County.           .

 

REPORT, RE:  VALKARIA AIR FEST (D-5)

 

Commissioner Anderson stated he attended the Valkaria Air Fest, and it was a great event that keeps getting better and better each year. .

 

REPORT, RE:  EMBRAER RIBBON CUTTING (D-1)

 

Chairman Fisher stated he attended the Embraer ribbon cutting ceremony; Embraer has impressed him from the beginning with its first class facility; he knows some Commissioners took a lot of heat for supporting Embraer because of a 3:2 vote; he thinks Embraer should be welcomed anywhere; and the reason this project was successful was due to the City of Melbourne and Brevard County coming together.

REPORT, RE:  LETTER TO GOVERNOR RICK SCOTT SUPPORTING HIGH SPEED RAIL

Chairman Fisher stated while he was walking in the building today he began thinking about the whole High Speed Rail conversation yesterday between Governor Scott and Senator Nelson; to him the rail makes a lot more sense if it goes from Disney, to the Airport, and Port Canaveral; and he thinks the ridership would be there, which is one of the concerns Governor Scott has.  He advised he does know if the Board would want to send a letter of support in reference to the High Speed Rail coming this way, which would definitely benefit Port Canaveral, Orlando International Airport, and Disney World; and having a $2.4 billion opportunity does not come very often.  He noted there are a lot of other states lining up to get the money; it is not going to reduce the deficit in anyway, but it will be spent; and if anyone has an interest in supporting the High Speed Rail, it can be referenced to Senator Haridopolos, Governor Scott, or Senator Nelson.

 

Commissioner Anderson stated on Friday it will be a done deal; he can see Tampa scrambling trying to put a plan together for the private industry and the taxpayers of Florida to not be on the hook for it, which is Governor Scott's concern.

 

Commissioner Bolin suggested sending the letter via email for quicker delivery.

 

Chairman Fisher advised the letter can be written by Friday, if the Board is interested in supporting it and helping to create more jobs.

 

Commissioner Bolin concurs with Chairman Fisher.

 

Commissioner Infantini stated she told Governor Scott that she is not in support of the High Speed Rail if it is going to be funded by federal or local governments; if the federal government wants to pay for it, that is fine, but she does not want the local government to have to contribute; and she will not be supporting it until other free enterprises step up and foot the bill because she does not want the taxpayers to be held responsible for it.

 

Chairman Fisher inquired if Commissioner Infantini would support it if the letter stated the Board supported the rail, and it not be funded by the State or local governments.           

 

Commissioner Anderson noted keeping local government off the hook.

 

Commissioner Infantini responded as long as it keeps the taxpayers off the hook, she would support it.

 

Chairman Fisher inquired if the Board supports it with federal and private enterprise dollars from Port Canaveral, Orlando International Airport, and Disney World.  Commissioners Anderson and Infantini responded yes.

 

Commissioner Nelson stated his thoughts are to narrowed it down a bit more; he is not sure what the impacts would be; it would be good for the State of Florida, even if it went to Tampa, by giving consideration to Floridians for not being on the hook for the cost; he would be comfortable if it said to consider coming to this area because there were issues about it coming through the high point areas of Cocoa and Merritt Island; and he does not want it to be arbitrary and say it is a great idea because he still has to go home through those areas tonight.

 

Chairman Fisher mentioned one of the diagrams he saw was coming through parallel with State Road 528 and then kind of jotting up.  Commissioner Nelson advised that is the area he is talking about; he thinks the process cannot be intercepted at this point, but it would certainly be good for the State of Florida if the wording could somehow say to consider the area would be great; and then he could support it.  Chairman Fisher advised it will be vague enough; his point of bringing this up is to encourage it to be brought to this area; there is concern about the ridership being down; but he thinks the ridership is definitely there from the airport, Port, and Disney.  Commissioner Nelson advised it is worth studying.

 

Commissioner Bolin stated it is important to let Governor Scott know of the Board's opinion.

 

Commissioner Infantini stated she now is concerned because she does not support it if it is going towards Tampa.

 

Chairman Fisher stated the motion on the floor is to write a letter asking Governor Scott, Senator Nelson, and Senator Haridopolos to understand that this Board supports the high speed rail; it will travel from Port Canaveral, Orlando International Airport, and Disney World; and wants no local or State dollars to be used, but would like to see private and federal dollars used to fund it.

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Robin Fisher, Trudie Infantini, Mary Bolin, Andy Anderson

NAYS:                Chuck Nelson

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ITEMS PULLED FROM CONSENT AGENDA

 

 

Commissioner Infantini stated she would like to pull from Consent Agenda Item III.B.3, Confirmation of Award, Re:  RFP #P-4-09-18, Replacement of 9-1-1 System Network and Customer Premise Equipment (Mapping System Only); Item III.B.8, Amendment to Interlocal Agreement with the City of Cocoa Beach, Re:  Bus/Transit Shelters and Benches; and Item III.B.9, Permission to Bid, Re:  Bus Benches and Shelters for Space Coast Area Transit.

 

Chairman Fisher noted there is a speaker card for Item III.B.2, Board Consideration, Re:  Request for Reduction of Fine and Release of Code Enforcement Lien for Jai K. Henwood, 1117 Baysinger St., NW, Palm Bay.

ITEM  III.B.3.  CONFIRMATION OF AWARD, RE:  RFP #P-4-09-18, REPLACEMENT OF 9-1-1 SYSTEM NETWORK AND CUSTOMER PREMISE EQUIPMENT

Commissioner Infantini suggested tabling the item for two weeks because she is waiting on a call back from someone who is verifying some information for her.

 

Stockton Whitten, Assistant County Manager, stated this is simply a clarification of the Board's action taken a few months ago, to award the mapping component of the 9-1-1 system to Communications International, Inc. (CII), as opposed to AT&T.

 

Commissioner Bolin stated she remembers the Board did not specify, as itemized as it should have; and she inquired if that is correct.  Mr. Whitten responded there were three items that were taken together under discussion; the Board had made one motion to take all three items; and lost in that motion was the fact that there was a recommendation for CII on the first item and AT&T on the second two items.

 

Commissioner Bolin stated she does not agree with tabling the item; and she thinks the Board should move forward.

 

Commissioner Infantini inquired if it is only going to be dealing with the mapping.  Steve Stultz, Central Services Director, responded that is correct; AT&T's award was for the Customer Premise Equipment and the Networking System only; and the mapping component is separate.

 

 

The Board confirmed the award of RFP #P-4-09-18, replacement of 9-1-1 System Network and Customer Premise Equipment (Mapping System Only), to Communications International, Inc.

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

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

NAYS:                Trudie Infantini

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ITEM  III.B.2.  BOARD CONSIDERATION, RE:  REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN FOR JAI K. HENWOOD, 1117 BAYSINGER ST., NW, PALM BAY

Jai Henwood stated he is hoping to get a consideration to reduce his reduction of fine a little bit more; his situation is he bought property to be used as rental property; his address was never updated with the Property Appraiser's Office, which is entirely his own fault; his new septic system became out of service and once a septic system becomes out of service the accrual of a fee is $25 a day that it is delinquent; Code Enforcement has mailed him letters to the rental property address, which was never delivered either by mail or in person; and he does not reside there and was never aware of any of this process taking place.  He advised this went on for about a year and one-half; the only way he found out about it was his employer did a background check and found the lien placed on him; he is looking for a reduction and consideration of this situation; and he inquired if that has happened to others before.

 

Chairman Fisher advised the original fine was $10,975; the recommendation is to reduce it $9,877.50, which leave $1,097.50; and he inquired an additional reduction is being asked today. 

Mr. Henwood responded yes; and he is asking the Board to reduce the fine to $1,000.  Chairman Fisher inquired if staff will tell the Board of the cost situation.

 

Mel Scott, Assistant County Manager, responded he confirmed with a representative from Department of Environmental Health and Safety (DEHS), by way of background that this is the first example upon which seeing DEHS actually using the Special Magistrate process to partnership; there is no duplication of process, so there is an efficiency; he understand DEHS would not object to the further deduction of the fine; and the County's costs have been covered to process it.

 

Chairman Fisher noted $1,000 would cover the costs.  Mr. Scott responded that is correct.

 

The Board reduced the accrued fine for an Environmental Health violation at 1117 Baysinder St., NW, Palm Bay (Case 09CE-03227 f/k/a/ 08-0424) from $10,975 to the reduced sum of $1,000; and directed staff to prepare and execute release and satisfaction of lien upon receipt of payment.    

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.B.8  AMENDMENT TO INTERLOCAL AGREEMENT WITH THE CITY OF COCOA BEACH, RE:  BUS/TRANSIT SHELTERS AND BENCHES

Commissioner Infantini inquired if the installation of benches and shelters for bus patrons can be done by a private enterprise; she thinks it would be most adventitious to the County if the municipalities would maintain them rather than free enterprises maintaining them; it would save the County money; and those funds could be used for something else.

 

James Liesenfelt, Transit Services Director, stated a number of the cities do not want advertising on its shelters; this is one way to work out a deal with them, to use capitol funds or federal funds to purchase installation of the shelters; the cities maintain the shelters; and there is a contractor in the County who puts up the shelter and takes care of the advertising.

 

Commissioner Nelson stated he is not going to tell a city whether or not it should or should not have advertisements on or near its bus shelters.

 

The Board executed an Amendment to Interlocal Agreement with the City of Cocoa Beach for the purpose of providing Bus/Transit Shelters and Benches within the City limits.  

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

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

NAYS:                Trudie Infantini

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ITEM  III.B.9.  PERMISSION TO BID, RE:  BUS BENCHES AND SHELTERS FOR SPACE COAST AREA TRANSIT

The Board granted permission to bid and award a contract to the lowest, qualified, responsive bidder, or bidders, regarding design, manufacture, and delivery of bus benches and shelters for placement in the Cities of Cocoa Beach and Palm Bay for Space Coast Area Transit (SCAT).

 

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

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

NAYS:                Trudie Infantini

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ITEM  III.A.1.  APPROVAL, RE:  BREVARD COUNTY COMPREHENSIVE MARITIME MANAGEMENT MASTER PLAN (CM3P)

The Board approved Goals IC, ID, IIC, and VIB of the Brevard County Comprehensive Maritime Management Master Plan (CM3P).

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.A.2.  BINDING DEVELOPMENT PLAN, RE:  PATRICK LIVEZEY

The Board executed Binding Development Plan Agreement with Patrick Livezey for a change in zoning classification from RR-1 to AU.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.A.3.  AGREEMENT WITH MEADOW CREEK HOMEOWNERS ASSOCIATION, INC., RE:  BARNES BOULEVARD ROAD WIDENING PROJECT

The Board executed the Maintenance Agreement, Covenant Not to Sue, Temporary Construction Easement, and the Bill of Sale, all given as part of an exchange for a buffer wall for the Barnes Boulevard Road Widening Project.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.A.4.  ACCEPTANCE, RE:  SANITARY SEWER EASEMENT FROM PAVILION - TK AND THE VIERA COMPANY

The Board accepted the sanitary Sewer Easements from Pavilion TK-Lake Andrew, LLC and The Viera Company.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.A.5.  PERMISSION TO BID, AWARD TO LOWEST QUALIFIED BIDDER, AND EXECUTE CONTRACT, RE:  BREVARD COUNTY CENTRAL DISPOSAL FACILITY, HOUSEHOLD HAZARDOUS WASTE FACILITY ROOF REPLACEMENT MAINTENANCE PROJECT

The Board granted permission to bid and award to the lowest, qualified, and responsive bidder; and authorized the Chairman to execute a contract for the renovation of the Brevard County Central Disposal Facility, Household Hazardous Waste Facility Roof Replacement Maintenance Project.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.A.6.  PERMISSION TO PURCHASE, RE:  EXPANSION OF THE CAESULTRA COMPUTER GPF SYSTEM FOR THE SARNO ROAD LANDFILL AND FOR “D6N” DOZER LOCATED AT THE CENTRAL DISPOSAL FACILITY

The Board granted permission to purchase an expansion to CAESultra software system from Ring Power Corporation for the Sarno Road Landfill in the amount of $191,315.33, and an additional system to be installed on a "D6N" dozer located at the Central Disposal Facility in the amount of $74,971.00, for a total purchase price of $266,286.33.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.B.1.  APPROVAL, RE:  BUDGET CHANGE REQUESTS

The Board approved and submitted Budget Change Requests.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.B.4.  APPROVAL, RE:  EXTENSION OF ACCESS AND USE AGREEMENT BETWEEN BREVARD COUNTY HEALTH DEPARTMENT AND CIRCLES OF CARE

The Board approved an extension of the Access and Use Agreement between the Brevard County Health Department and Circles of Care, Inc. for property leased and operated by the County at 2275 Babcock Street, Melbourne, Florida.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.B.5.  PERMISSION TO ADVERTISE FOR REQUEST FOR PROPOSALS, RE:  CONTINUING ROOFING AND MOISTURE INTRUSION CONSULTANT SERVICES

The Board authorized permission to advertise for a Request for Proposal for Continuing Roofing and Moisture Intrusion Consultant Services; established a Selection Committee consisting of Steve Quickel, Facilities Director, Carl Tucker, Special Project Specialist IV, Stockton Whitten, Assistant County Manager, or their designees; established a Negotiation Committee consisting of Steve Quickel, Facilities Director, Carl Tucker, Special Project Specialist IV, Stockton Whitten, Assistant County Manager, or their designees; and authorized the Chairman to execute contracts with the selected firms. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.B.6.  APPROVAL, RE:  INDIAN MOUND STATION SANCTUARY MANAGEMENT PLAN

The Board approved the Indian Mound Sanctuary Management Plan, outlining the public access and land management activities conduced on the property.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.B.7.  SECOND AMENDMENT TO AGREEMENT WITH TOWN OF INDIALANTIC, RE:  OUTFALL IMPROVEMENT PROJECT AT SUNRISE PARK

The Board executed a Second Amendment to Agreement with the Town of Indialantic for the operation and maintenance of an Outfall Improvement Project at Sunrise Park (Watson Drive Save Our Coast Site E).

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.B.10  TIME EXTENSION FOR MEMORANDUM OF AGREEMENT WITH THE FLORIDA COMMISSION FOR THE TRANSPORTATION DISADVANTAGED, RE:  COORDINATED TRANSPORTATION SERVICES IN BREVARD COUNTY

The Board approved the Time Extension for the Memorandum of Agreement (MOA) with the Florida Commission for the Transportation Disadvantaged (CTD) for Space Coast Area Transit (SCAT) to provide coordinated transportation services in Brevard County until December 31, 2011.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.C.1.  ACKNOWLEDGEMENT, RE:  ECONOMIC DEVELOPMENT COMMISSION OF FLORIDA’S SPACE COAST’S FY 09/10 ANNUAL AUDIT

The Board acknowledged the Economic Development Commission of Florida's Space Coast's FY 09-10 annual Audit prepared by James, Dinho & O'Keefe, CPA.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  III.C.2.  APPOINTMENTS, RE:  SPACEPORT COMMERCE PARK AUTHORITY

The Board appointed/reappointed Pat Conner, Shannon Feeley, David Hosley, Walt Johnson, Martha Long, and Micah Loyd, to the Spaceport Commerce Park Authority Board, with terms expiring December 31, 2011.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  III.C.4.  APPOINTMENTS/REAPPOINTMENTS, RE:  CITIZEN ADVISORY BOARD

The Board appointed/reappointed Kathy Wall and Milo Zonka to the Investment Committee, with terms expiring December 31, 2011; Roger Dobson, Matt Dupree, Bill Ellis, Peter Fusscas, Tres Holton, David Isnardi, Franck Kaiser, Jr., Henry Minneboo, Jr., Kendall T. Moore, Dave Pasley, James Rosasco, Maureen Rupe, Sue Schmitt, Larry Schultz, and Bob Williams to the Redistricting Committee, with terms expiring December 31, 2011; Robert Jordan to the Spaceport Commerce Park Authority, with term expiring December 31, 2011; and Jay Stalrit to the Titusville-Cocoa Airport Authority, with term expiring February 22, 2014.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  III.C.5.  APPROVAL, RE:  BILL FOLDER

The Board approved the billfolder, as submitted.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

 

 

 

PUBLIC COMMENTS

Chairman Fisher stated he has many speaker cards of individuals wanting to speak about beach parking fees.

 

Michael Sapourn stated he is the managing member of Paradise Beach Properties, LLC, the owner of the shopping center directly across from Howard Futch Park in Indialantic; most of the tenants have been doing well to survive in the present economy; there is 100 percent occupancy;  the parking lot is rather full at peak hours; his tenants started reporting to him once the signs were installed, telling him people are parking and walking directly across a very busy highway, so he or she can save what was thought to be $5; and it does not go in effect until next week. He stated his tenants expect him to maintain the property for its benefit and its business invitees; he is torn between trying to be a good citizen and defending his property, which is his duty as a landlord; he has engaged with Kendall Towing & Recovery, to put up signs around the property, his tenants can report some of the parking and walking across the street; and the cars will be towed.  He advised he does not want to be in that type of business; he wants to be in the office welcoming people; the outcome will be people will get back from a day at the beach, they will have to take a cab to Sarno Road, and pay $150 for the towing of their vehicle; he can assure the Board that virtually everyone will be coming to him and he is going to have to explain to them that they should not have parked there; and he feels he is going to be embroiled in suits that he does not want to be embroiled in.  He advised there are parking meters in Indialantic at the boardwalk; sometimes he goes down there and parks, if he stays one hour it costs him .75 cents, and two hours cost $1.50; one of the problems with government actions like this are the unintended consequences; he can only imagine the people that are going to take a chance, believe they are not going to be towed, and walk their families across the busy highway and somewhere along the line there could be an accident, that could have been prevented because of the price amount of parking across the street, or those people will go down the street and park for .75 cents or $1.50; and his shopping center tenants will lose the benefit of people that spend the day and would like something to eat afterwards.  He stated he would like the Board to reconsider this measure; he understands the need for government revenue; he has done a lot of thinking about this; and he thinks it would be cheaper to put in parking meters.   He advised coming the Board to come up with an arbitrary $5 figure and asking people who want to spend one hour with their kids to pay it; and he respectfully asks the Board to reconsider this measure, so there will not be some of the problems that he foresees.        

 

Randal Agostimi stated when it comes to spending the County's taxpayer money, the expression 'quality of life' is often heard; it is a very subjective term; consider the difference between a Mercedes and Chevrolet; if somebody was helping him pay for his car, which one does the Board think he would buy; and when it comes to spending taxpayer money, the County has a duty to balance the wants from the needs and act prudently, just as those who have to drive the Chevrolet.  He stated County beach parks and parking areas are a public convenience, but only benefit those who visit the beaches; if a County park is visited on a holiday versus an ordinary weekday, it will be quickly noticed that there will never be a way to satisfy the needs on a holiday; the convenience lends itself very easily to charge for the facility, but beach side homeowners are there for a reason and already pay a premium to live beach side; higher costs of homes equate to higher taxes; and he reiterated beach side homeowners are already paying a premium for beach access and should not be charged extra.  He stated if the County wants to charge for its facilities, it should also be prepared to issue free passes to beach side homeowners.

 

A. M. Gill stated she has been coming to Brevard County for many years; she often goes to the beaches; she finds that Cocoa Beach is one of the most populated areas of Brevard County; she does not know if the Board has visited recently, but during the week there are hardly any cars if it is not a holiday; and she hopes the Board is not depending on cash from the $5 parking a day because she thinks the County is not going to get very much money.  She advised the County will be paying somebody to have a place to take tolls; people are not going to pay, they will park across the street, and it will be a big mess; personally, the population in Cocoa Beach is very different than the population that goes to Satellite Beach; there is a population of people who bring his or her dogs to the park sometimes twice a day and are not going to want to pay twice a day; and she is having some trouble with this because she thinks the County is penalizing people for having a car, being on a fixed income people will not pay, and in the summer time where ever the pay station is, it is tremendously hot and air conditioning is going to be needed in the pay station or stations.  She suggested trying something in the summer time with some type of payment system when a lot of people come, especially tourists, and they do not mind paying the $5; and she thinks the wrong people are being hit to pay the fees.

 

Dan Brunger stated he understands this is a pilot program and that it could branch out to all the public parks in Brevard County; he has the rare opportunity to be off of work today; he likes the idea of having night meetings so more people can attend these types of meetings; individuals that he has talked with about the parking fees are in agreement with his idea of it not being such a good idea; he is a property owner, he pays taxes to Brevard County for Environmentally Endangered Lands Acquisitions, South Brevard Recreation District the DBTP Program 2001-2020, and the General Fund that Brevard County collects; and he inquired of the things he pays into what part of those taxes go for the recreation facilities that maintain the beaches.  He concurred with Mr. Sapourn's idea for parking issues for the businesses affected; by providing a fee he thinks it is going to severally affect the amount of use the beach is going to get; the cost of maintaining those facilities that collect the fees with the costs of meters, employees, and administrative requirements will need to be considered if this is done; however, his personal recommendation is to not consider a fee; and if it continues to be an issue, put it into a countywide referendum and get members of the County involved without arbitrarily coming up with a fee.

 

George Robinson stated he has lived in Brevard County since 1956 and has had a business since 1971 in the surfboard industry; this is the first he has heard of a fee at Lori Wilson and Futch Parks; he thinks a referendum could be done and not just arbitrarily put in a fee on a park; there are many parks in Brevard County; there are many County roads; he often wonders what would happen if a County road was taken and turned into a toll road; if a person lived in the middle of that toll road every time the person came onto that toll road $5 would have to be paid; and just like at the beach, if those patrons leave to go get lunch or sunscreen and come back it could cost a person $10 to $15 because there is no reentry.  He advised he has never seen a park have a day-use-fee that someone could not stay there the entire day; it would be like going to Disney World and not be able to go back in; he would like for the Board to reconsider this; and he believes in not just talking about the problem, but finding a solutions and parking meters would be a good step with a referendum vote of consensus to let the public know about it.  He stated the County will find this will be a problem for businesses and people going to the beach; he knows the Chief of Lifeguard very well and nobody in the County is happy with it; and he would like for the Board to consider going back over this and not just charging a fee because there has to be a better way.

 

Helen Voltz stated quite a while ago the County decided that it was not going to charge the .75 cents parking fee because it was not worth the effort of charging .75 cents; times are different and she realizes that, but a pilot program is taking place; she has heard today the results of the program; and she thinks it should be a no vote.

 

William Smith stated he had some visitors this weekend; after moving to Florida he realized he had more friends than he thought; one of the things he use to do when his visitors were visiting is take them to the parks and show them the access that has been provided for public to get to the beach; he would brag about the facilities and the way things are handled in Brevard County compared to the money-grubbing way things are handled back home where he comes from; and he did the same thing with his guests this weekend until the article was in the paper.  He advised the Board's predecessors have done a real good job of setting up these parks; the parks are very nice and he knows the Board cares a lot about the people in Brevard County; and he is requesting no parking meters and keep things the way they are because they are really enjoyed by many.

 

Chairman Fisher advised he would like staff to address the Board and tell how this conversation today came about; and he would like for the Commissioners to weigh in, as well.

 

Jack Masson, Parks and Recreation Director, stated he will give the Board a timeline synopses; on February 26, 2009, the Board directed the previous Parks and Recreation Director to do a study for potential beach parking at 12 parks and 23 boat ramps; in July 2009, the Parks and Recreation Director and dedicated staff were studying and receiving input for the beach parking; at a budget workshop on July 15, 2010, the County Manager stated as part of the budget presentation Parks and Recreation will be including a proposed pilot program on charging for beach park parking; and at the budget workshop on July 22, 2010, he noted to the Board the pilot program for charged parking at two County owned beach parks at Lori Wilson and Howard E. Futch parks was anticipated to generate $150,000 per park in revenues at each location.   He stated the reason it was considered is the Board suggested studying beach parking and fees for use of boat ramps; the Parks and Recreation Department budget, as well as other budgets, have suffered severe budgetary reductions in operating over the past four years; the forecast is decreases will be suffered again for potentially up to three more years based on the assumptions received.  He stated Lori Wilson Park in fiscal year 2009-2010, had an operating and maintenance expense of $158,000 and Howard E. Futch Park was $96,000; various methods of collection were looked at, such as parking meters per site, which are 200 parking spots at Lori Wilson; there are 215 parking spots at Howard E. Futch; that totals 415 parking spots and a cost of $350 per meter totaling $145,250; on top of that charge there is labor for installation, which is estimated at $18,675 with the County staff installing them; there would need to be a purchase of two golf carts for the enforcement purposes at the two parks; the estimated initial investment for a parking meter system is $183,925; annual expenditures on a parking meter system that triggers a fee for enforcement in the Town of Indialantic has three or four part-time positions for their enforcement and collection, that are part-time positions costing $67,392; miscellaneous expenses, which are reoccurring like batteries for the cart, software, cart maintenance cost approximately $671; and due to the beach environment there is a lot of prevented maintenance and will have a lot of meter repair due to high levels of corrosion costs, about $16,000, and reoccurring is estimated at $97,163.  He advised the advantages of the parking meter system bases on whatever is charged, for example the Town of Indialantic charges .75 cents per hour, the City of Cocoa Beach on its street ends have parking meters that charge $1.50 per hour, or $2.00 per hour depending where the location is; and the other areas in Cocoa Beach such as Sidney Fischer Park and Alan Shepard Park have either manual or automated collections with a gate; at Alan Shepard Park it is $10 a day for weekends and holidays for a period of March 1 to the day after Labor Day, or $7 a day on weekdays; and at Sidney Fischer Park it costs $5 year round.  He stated one of the speakers spoke about a parking station where credit card or cash are submitted and a receipt is given, which is very high maintenance, particularly used in south Florida, and that system would cost $200,000; and he has a copy of a report from Martin County for beach and boat ramp parking, that was prepared and went before their Board, which did not get approved.  He explained this is being done because budgets are reducing every year; he was tasked to look at other revenue sources so there could be continuing quality services provided to Brevard County residents and visitors at Brevard County parks system; there are other governmental entities that do charge for parking in Brevard County; he mentioned the City of Cocoa Beach and the Town of Indialantic; Jetty Park also charges $5 per car for Brevard County residents and $10 for non-residents; and there is an annual pass available for $10 for residents near Port Canaveral, $20 for Brevard residents, and $50 for others.  He stated James Nance Park in the Town of Indialantic charges .75 per hour with a meter system; and Sebastian Inlet State Park charges $4 per vehicle with one person in the vehicle, each additional person is $2, they do provide an annual pass for $60 per individual, and a family pass is available for $120 a year.  He advised his study was initially done on a 12-month pilot program beach parking; there were three avenues looked at, the automated system, the parking meter system, and the manual collection; recently the manual collection was chosen because the budget did not have the dollars necessary for the upfront investment; it is very simple, there were no dollars necessary for the upfront investment and he did not feel it was fiscally responsible to expend those kind of dollars on a pilot program; the Board suggested at one time it did not wish to carry on with the pilot program; and then there would be capital investment that currently could not be used.  He stated a 12-month beach parking program has been prepared for Lori Wilson and Howard E. Futch Parks; $150,000 a year is actually in his budget for this fiscal year; the cost of collection at Lori Wilson Park is $92,000 a year, which was based on County staffing, and is a temporary staffing with no benefits involved; the cost of collection at Howard E. Futch Park is $158,000 a year; he would like for the Board to remember the cost of operation is $158,096, which fairly closely mirrors what is anticipated for collection; the collection is very conservative along with the expenditures of the cost of collection can be adjusted; but it’s at a high level and he thinks is appropriate.  He mentioned the figures can be extrapolated on the 12-month pilot program and provide the Board with a six-month program.

 

Chairman Fisher stated to balance the budget this year he heard a figure of $300,000.  Mr. Masson advised yes, $150,000 has been increased to the south area budget; and $150,000 in the central area budget, that was approved by the Board to balance the Parks and Recreation budget.  Chairman Fisher inquired if the Board decided the pilot program was not a good idea, how the $300,000 would be offset.  Mr. Masson responded he would have to make reductions in other areas of the budget that could lead to staffing, operational expenses, and reduction or elimination of a program or programs.  Chairman Fisher inquired if Kennedy Space Center (KSC) has a parking fee.  Mr. Masson responded no, he believes the Canaveral National Seashore is going to implement a fee this year for Black Point Wildlife Drive tour; and there is a fee to go to Playalinda Beach.

 

Commissioner Infantini stated she is wondering where the planning comes in for this because in 2009, a vote was taken whether or not to go forward with the Conova Beach Park expansion; that cost was $700,000; this Commission voted 4:1 to one to go ahead with the expansion, the Board also was discussing a pilot program; instead of expanding one beach park because there is no funding to maintain the other beach parking areas, the Board decided to go ahead and expand Conova Beach Park; and now the Board is turning to the taxpayers and saying it overspent and no money could be paid to run its parks.  She stated it costs roughly $200,000 to put in the parking meters, but there is not money because it was spent to expand a park when there is no money to operate them; it costs $81,000 per year for collections if there were parking meters, but it is going to cost $92,000 per park to have an attendant present to collect the fees, that totals $180,000 per year or $81,000 per year; and she may have the numbers wrong, but she thought Mr. Masson said $92,000 for having attendants; she is concerned about the costs of operations for Lori Wilson Park is $158,000 and $96,000 for Howard E. Futch Park, yet there were no discussions about Wickham Park, which costs $1 million to operate; and it seems to her that people are being penalized who want to go to the beach, but if a person wants to go to a park for regular day use folks it can be used for free; there seems be an inequity to the beach side; and she is not comfortable with it.

 

Mr. Masson clarified the reoccurring expense for collection using a parking meter system at Lori Wilson and Howard E. Futch Parks is approximately $97,000.  Commissioner Infantini stated as compared to $92,000 per park for attendants.  Mr. Masson added $92,000 at Lori Wilson year round and $6,100 at Howard E. Futch Park; the reason for the differential is there are two entrances at Lori Wilson park and only one entrance at Howard E. Futch; he noted the Conova Beach facility is funded through parks referendum funding and not through General Fund; and he addressed the Board a number of months ago and informed Commissioner Anderson that this facility will not be staffed; it will be available as a rental and for classes; and it is intended to make its revenue neutral to that facility.

 

Commissioner Nelson stated a bit of the discussion has been lost; the presentation of the study done was to get information; it was included in the budget and about a week later three Board members stated they do not like the $2 million cut to the parks and other services and voted to do roll back; he believes that stopped a variety of things that he found unacceptable, such as charging for parks, which is his world because he came out of the Parks and Recreation Department; and he has consistently said the citizens believe it has been paid for already and do not want to pay for it again.  He remarked there are other communities that collect, but he thinks as a County Park System it historically has not had fees, with the exception of a period of time when it was determined the cost of collection was almost as equal to the revenue, and what is being heard today is very similar; he thought when the official vote was taken it was going to go away as an issue and continue to move forward with park services; and he does not support charging to go to the parks because it is a headache, it has minimal revenue, and it is a disservice to the community and does not support these fees.  He stated he understands the money will have to be found, but he does not expect $300,000 to be cut further from its budget, which is why it was voted roll back; there was over $4 million into reserves, which he thought would have offset that amount of money; he thinks the adjustment needs to be made now because that was the intent of the vote when it was voted on; and there can be more discussions at budget time for where to move into the future.

 

Commissioner Bolin stated she has been listening to the citizens; it was a pilot program; the feedback coming in is not what the citizens of Brevard County want; and she concurs with Commissioner Nelson and she will not move forward with the charging of the parks.  She stated she does not believe that going to a parking meter system, as Commissioner Infanini suggested, is going to be a good method either; and she will not support it because it will not solve the situation of people parking across the street.            

 

Commissioner Anderson stated he does not want to charge parking fees; he will not support taking it out of reserves because the reserves are needed in the event of a hurricane or some other disaster; he expects the County Manager to find a way because it is a General Fund operation, it does not all have to come out of the parks; and it can be spread out across-the-board.

 

Commissioner Nelson stated at the time when the Board previously voted, if the Board would have realized what it was doing there could have been an additional, instead of over $5 million, it would have put in $4.7 million into reserves.  He talked about after the hurricanes in 2004 there were three direct hits, two near misses, and the following year the reserves were greater than the year before; when talking about setting aside reserves for hurricanes, there is the reality of there is Federal Emergency Management Agency (FEMA), State dollars, and other varieties of funding sources that come in; and the County is adequately funded and the reserve levels are at the highest that has been seen in probably 20 years.  He mentioned had this been taken care of during the Budget process, there would be no discussions today; and it is not about taking it out of reserves, it is about correcting something that was an oversight when the budget was finalized.

 

Commissioner Anderson advised he understands where Commissioner Nelson is coming from; he respects his opinion; he still thinks it is a dangerous aspect to take out of reserves, which is what governments around the country have been doing; here it is today talking about what is wanted and not what is needed; nobody wants reduced hours in the library, EEL's, and  parking fees; but he has roads and government facilities that are falling apart that are not priority and the right things need to be done.  He advised he is fine with the pilot program going away at the three beaches, as long as the Board is not putting itself or future Board into a situation where it is making it County fiscally insolvent; it affects the bond rating; and future investors look at the reserve level.

 

Commissioner Infantini stated she is not sure where this $300,000 in reserves comes from because it was expected to collect $150,000 per beach, so that is $300,000, but it is expected to cost the County $92,000 for collection; and the net effect is only $150,000 lost revenue.  She advised she agreed with Commissioner Anderson; she does not want to take it out of reserves; she just wants spending to be reduced; and if any suggestions are needed, she would be glad to forward her suggestions that she forwarded last year to anyone.

 

Commissioner Nelson stated it does not surprise him that Commissioner Infantini would say that because she did not vote for the budget anyway; the point is whatever the number is that needs to be offset to continue the level of service currently provided whether its $150,000 or $300,000 after it is netted out, but it was never supposed to be there is his point; it should have been addressed in the budget; and now to go back and cut another $150,000 out of somebody's budget somewhere is inappropriate.  He stated the issue can be addressed during the budget process and the bloodletting can continue then; but for right now he thinks the oversight needs to be corrected for the final budget preparation.

 

Chairman Fisher stated from the citizens standpoint it is bringing recognition to this issue; he came to the meeting willing to battle on this issue; it is amazing how citizens come out and voice their opinion, which actually helps elected officials make decision, and he understands why the citizens do not want it; but also, he wants the citizens to understand that at some point in time staff is down 415 people, there is $2 million cut out of the parks organization, revenue is down 40 percent from where it was four years ago, County employees have not had a raise in four years, health insurance costs have expanded to County employees in the last four years, and he inquired how many parks are in the County.  Mr. Masson responded there are 121 developed park facilities.  Commissioner Fisher stated there are 121 developed parks, which have a lot of softball fields, baseball fields, flag football, and all kinds of other children's sports; this room could be filled with people who think kids should be able to play sports, have activities to keep them off the streets, and have decent facilities provided for them; the next night the room would be filled with people who think the 17 libraries in all of the 72 miles of Brevard County need to stay open; there could be another room filled with people who think the Veterans need to be supported; then another room could be filled with people who think public safety needs to be a priority; but when the revenues are down 40 percent and it is expected to be down another 15 percent the following year, at some point in time citizens are going to have to understand those amenities are going to have to be paid for with a charge either through property tax, users fees, or finding another way to generate revenue, which is the reality of where the County is now.  He stated maybe there have not been enough people cut and going from 2,700 to 2,300 was not enough and the public thinks maybe it should cut to 2,000; he does not know what the right number is, but at some point in time there needs to be some understanding that this is real and if there is such a huge argument about parking fees today, as the budget process is gone through it is going to get a lot tougher when talks begin about what really needs to be cut; there may not be 121 developed parks and 17 libraries open unless everyone is willing to pay for it; today there are seven cards supporting getting rid of the parking fees and there are going to be a lot of others cards that support a lot of other issues; and it is going to be very difficult for the Board in the future if everybody wants everything paid for with its current tax dollars because it is not going to be able to keep it all open and survive.       

 

The Board approved resending of charging fees at Lori Wilson and Howard E. Futch Parks; and directed Howard Tipton, County Manager, to make the appropriate budget transfers to fund the operation of parks for the remainder of the year to off-set the revenue loss.

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

 

The Board recessed at 10:24 a.m. and reconvened at 10:36 a.m.

 

 

ITEM  V.A.  PUBLIC HEARING, RE:  RESOLUTION VACATING RIGHTS-OF-WAY IN PLAT OF CHINA WARD AND PLAT OF PURYEAR WARD - RACETRAC, MAX LENKER, PRESIDENT

Chairman Fisher called for the public hearing to consider resolution vacating rights-of-way in Plat of China Ward and Plat of Puryear Ward as petitioned by Racetrac, Max Lenker, President.

 

John Denninghoff, Public Works Director, stated this vacating request has been advertised in accordance with the Policy and Procedures Statues; and there have been no objections received from staff, the public, or any facilities.

 

There being no comments or objections, the Board adopted Resolution No. 11-028, to vacate rights-of-way in Plat of China Ward and Plat of Puryear Ward as petitioned by Racetrac, Max Lenker, President.

 

 

Commissioner Infantini advised she would like to clarify on her motion with Sun Rail, when she stated she is in support of the idea; and that it includes the State of Florida would not be on the hook for any reimbursement of federal dollars should the planned Sun Rail fail.

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

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ITEM  V.B.  PUBLIC HEARING, RE:  RESOLUTION TO VACATE PUBLIC UTILITY AND DRAINAGE EASEMENTS IN CANAVERAL GROVES SUBDIVISION REPLAT OF UNIT 3 - REGINA BENSON COOK

Chairman Fisher called for the public hearing to consider vacating public utility and drainage easements in Canaveral Groves Subdivision Replat of Unit 3 as petitioned by Regina Benson Cook.

 

John Denninghoff, Public Works Director, stated there have been no objections received from staff, the public, or any facilities.

There being no comments or objections, the Board adopted Resolution No. 11-029, vacating public utility and drainage easements in Canaveral Groves Subdivision Replat of Unit 3.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  V.A.  PUBLIC HEARING, RE:  RESOLUTION VACATING RIGHTS-OF-WAY IN PLAT OF CHINA WARD AND PLAT OF PURYEAR WARD - RACETRAC, MAX LENKER, PRESIDENT (CONTINUED)

 

Chairman Fisher advised he has been informed he has a speaker card for item V.A.

 

Kathy Street stated she is present today because of the vacating of the easement; she inquired how the right-of-way will affect her residence; and stated if so, she would like to know about it.

 

Chairman Fisher inquired if Ms. Street lives behind the gas station.  Ms. Street responded yes, her property is on the opposite side of U.S. 1.  Chairman Fisher inquired if Ms. Street has seen the diagram of the right-of-way.  Ms. Street responded yes, she is to the right of U.S. 1 where E. Main Street is.  Chairman Fisher inquired if Ms. Street resides at the corner of E. Main Street and Mitchell Avenue on the north side of that corner.  Ms. Street responded yes.  Chairman Fisher stated the right-of-way will not affect her.

 

John Denninghoff, Public Works Director, stated the right-of-way will not affect Ms. Street at all; and he can talk with Ms. Street more to get her comfortable.

 

Chairman Fisher inquired if Ms. Street can point to where her residence is on the map; he expressed his apologies to Ms. Street for overlooking her speaker card; and advised she is not affected by the right-of-way.   

ITEM  V.C.  PUBLIC HEARING, RE:  RESOLUTION TO VACATE PUBLIC UTILITY AND DRAINAGE EASEMENTS IN RIDGE MANOR ESTATES - BONNIE TUDOR AND ANNETTE RUTH

Chairman Fisher called for the public hearing to consider resolution vacating public utility and drainage easements in Ridge Manor Estates as petitioned by Bonnie Tudor and Annette Ruth.

 

John Denninghoff, Public Works Director, stated there have been no objections received from staff, the public, or any facilities.

 

There being no comments or objections, the Board adopted Resolution No. 11-030, for vacating public utility and drainage easements in Ridge Manor Estates in Section 18.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM  V.D.  PUBLIC HEARING, RE:  ORDINANCE AMENDING SECTION 62-3301 AND SECTION 62-3316(g) TO ALLOW BANNERS TO BE DISPLAYED AT PROFESSIONAL SPORTS STADIUMS

Chairman Fisher called for the public hearing to consider ordinance amending Section 62-3301 and Section 62-3316(g) to allow banners to be displayed at professional sports stadiums.

 

Commissioner Bolin emphasized these banners are something that is flexible, moveable, and can be installed and taken down easily.

 

Robin Sobrino, Planning and Development Director, stated it is limited to professional sports stadiums.

 

There being no comments or objections, the Board adopted Ordinance No. 11-03, amending Sections 62-3301 and 62-3316(g) to allow for the display of banners at professional sports stadiums.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

ITEM  V.E.  PUBLIC HEARING, RE: ORDINANCE ECONOMIC DEVELOPMENT TAX EXEMPTION AMENDMENT FOR GUARDIAN IGNITION INTERLOCK MANUFACTURING

Chairman Fisher called for the public hearing to consider ordinance of economic development tax exemption amendments for Guardian Ignition Interlock Manufacturing.

 

Howard Tipton, County Manager, stated there is an address correction that needs to made to the tax ordinance for the company Guardian Ignition Interlock Manufacturing.

 

There being no comments or objections, the Board adopted Ordinance No. 11-04, amending Tax Abatement Ordinance No. 08-21, changing the location noted, for Guardian Ignition Interlock Manufacturing.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  V.F.  PUBLIC HEARING, RE:  ORDINANCE RESCINDING LIBERTY AEROSPACE, INC. TAX ABATEMENT

Chairman Fisher called for the public hearing to consider ordinance rescinding Liberty Aerospace, Inc. Tax Abatement.

 

Stockton Whitten, Assistant County Manager, stated this is the rescinding of the tax abatement because it no longer meets the minimum need of jobs required by Florida Statute.

 

There being no comments or objections, the Board adopted Ordinance No. 11-05, Rescinding Tax Abatement for Liberty Aerospace, Inc.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  V.G. PUBLIC HEARING, RE:  ORDINANCE EXTENDING TRANSPORTATION IMPACE FEE MORATORIUM

Chairman Fisher called for the public hearing to consider ordinance extending Transportation Impact Fee Moratorium.

 

Mel Scott, Assistant County Manager, advised this would move the time to receive a building permit from March, 2011 to March, 2012; and the time needed to receive a Certificate of Occupancy to March, 2013.

 

There being no comments or objections, the Board adopted Ordinance No. 11-06, extending the moratorium on the collection of transportation impact fees for on additional year.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  V.H.  PUBLIC HEARING, RE:  APPROVAL OF STIPULATED SETTLEMENT AGREEMENT FOR DEPARTMENT OF COMMUNITY AFFAIRS (DCA) v. BREVARD COUNTY AND F. CARLYLE PLATT et. al. INTERVENORS

Chairman Fisher called for the public hearing to consider approval of stipulated settlement agreement with Department of Community Affairs (DCA) v. Brevard County DOAH Case No.:  10-010072GM, DCA v. Brevard County and F. Carlyle Platt et. al. Intervenors.

 

Mel Scott, Assistant County Manager, stated this item is acceptance of the settlement agreement; and it has already been accepted by DCA, which sets the stage for incorporating this agreement into a future comprehensive plan adoption package that would be scheduled for March, 2011.

 

There being no comments or objections, the Board approved Stipulated Settlement Agreement to allow for future adoption of remedial amendments to Brevard County Ordinance No. 10-14.

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Robin Fisher, Trudie Infantini, Mary Bolin, Andy Anderson

NAYS:                Chuck Nelson

.

 

ITEM  V.I.  PUBLIC HEARING, RE:  APPROVAL OF PARTIAL STIPULATED SETTLEMENT AGREEMENT WITH DEPARTMENT OF COMMUNITY AFFAIRS (DCA) v. BREVARD COUNTY DOAH CASE NO.:  10-1158GM EAR BASED AMENDMENTS

Chairman Fisher called for the public hearing to consider approval of Partial Stipulated Settlement Agreement with Department of Community Affairs (DCA) v. Brevard County DOAH Case No.: 10-1158GM EAR Based Amendments (part one).

 

Kim Rezanka, Attorney with Dean Mead, stated she is representing Chris and Kathy Sheets who live on S. Banana River Drive, next to the South Banana River Marina; some may remember that battle in 2006-2007, where the Sheets wanted to build a nine-story condominium on the Jarin Marina; Ms. Sheets was a member of the CM3P Working Group; she has been intimately involved with CM3P's entire process; the reason she is present today is not because there is a problem with the actual settlement agreement, but because there are concerns about a remedial amendment dealing with the working waterfront; and she would like to bring those to the Board's attention today because it will be more in depth to make amendment even though DCA has already approved the settlement agreement.  She stated in the statement of intent to find the planned amendment not in compliance under the Working Waterfronts; the DCA found the County failed to identify public access to beach and shoreline areas, the need for water dependent and water related facilities, and to include strategy for the preservation of recreational and commercial working waterfronts; and despite the remedial amendments that have been prepared, which she has not had a chance to talk to Robin Sobrino, Planning and Development Director, nor anyone else about, and she will do so before it comes before the Board; but it is believe that there are issues involved with the remedial amendments.  She stated the goals, objectives, and policies do not establish meaningful and producible standards for the use and development of the Land Development Regulations; they do not provide for meaningful guidelines for the content of these Land Development Regulation; they are more aspirational then directive and the specific criteria, which was tried to be put into the Land Use element is still very vague without specificity; and dealing with the coastal element the Specific Language and Objective Policy 13.1 states the County shall identify inventory and characterize all existing publicly accessible Working Waterfronts.  She mentioned what has been done thus far is to list the 89 marinas, but it is not known if they are public accessible or privately owned; there are still some things that need to be done; Policy 13.8 states the County shall prioritize recreational and working waterfronts; during the CM3P Working Groups they spent quite a bit of time dealing with the prioritization of how it should be done, and that language has been missed; she does not know what the prioritization means, she does not know if it prioritizing because of location of tourist areas, boaters, or natural resources; she would like to know how it is be prioritized and what is its purpose; and that is something that is going to be have to be developed because it is too vague to know.  She stated Policy 13.9 stated the County shall not diminish and repair sidewalks, roadways, parking areas, and docks unless specific findings are made and the action is necessary and it is unclear for what the factors of necessity are and its suitable mitigations, which brings her back to Pelican Bay acquisitions in 2006-2007; she explained when Pelican Bay came in it wanted to build a nine-story condominium, build town homes, and expand the commercial uses on 17 acres that was in a residential area; there was a substandard road, a bridge that was privately owned and not maintained, and all of these issues came up and were not known how to deal with them; and there is nothing in the Code right now that leads to there needs to be more in the Code for specific necessities and mitigations.  She advised another reason why she brings up Pelican Bay acquisitions is it shows problems with the process of negotiating under the Working Waterfront legislation with private owners; it is done by County staff members; there is some protection under the Florida Statues dealing with those negotiations; the owners liability is another issue, and Pelican Bay has gone into foreclosure; there needs to be some guidelines and incentives when dealing with Future Land Use elements.  She stated the Policies talk about incentives, increases in far, slips, and areas by 25 percent; there are concerns over conflicts with other policies such as the Manatee Protection Plan, increasing nonconforming uses that talk about expansion, which was the problem with the Pelican Bay acquisition because they were expanding to a nonconforming use by 30 percent over and above what the Land Use Regulations would allow; there is concerns of placing hotels in Residential Zones, which the Working Waterfront legislation allows, such as, the now designated marina behind Merritt Island High School, which has three docks and a trailer park; in theory, this Working Waterfront legislation and the Comprehensive Plan would allow them to place a hotel there; and there obviously needs to be some strict guidelines and criteria.  She mentioned Criteria A deals with priority not criteria, there is a word missing in the first sentence, and it does not make sense, which needs to be addressed; it seems to allow expansion for nonconforming uses; Criteria B relates to water-related land uses; it does not deal with water-dependent or water-enhanced uses; and Criteria C talks about industrial uses that has no criteria and it says to look in other parts of the Code.  She stated she is asking the Board before the remedial amendments are passed to ask staff to develop prioritization criteria, to make specific incentives for the various types of water uses and specific criteria, and to include that expansion will not enlarge, extend, increase, or expand any nonconforming use; without some photo criteria there is no way there can be guidance of how to be developed; and there are not many for the predictable standards for the use.

 

Stuart Buchanan, Planner II, stated these are coming back to the Board as remedial amendments; the amendments will be coming before the Board again for the adoption in March; however, he would be happy to address Ms. Rezanka's comments.  He stated the stipulated agreement has already been executed by DCA; the remedial amendments seen that are an exhibit to that stipulated agreement have already been reviewed by DCA; and have already been found to meaningful, predictable, met Statute and Administrative Code, and all that is being done today is counter signing the agreement.  He stated when a stipulated agreement has been executed the DCA has already looked at the remedial amendments and it meets its requirements; if those were to be changed, it would mean it to be out of compliance with the stipulated agreement; it says in the stipulated agreement that the remedial amendments will be adopted as per the exhibit within "X" number of days; but in summary, the State has in fact already reviewed these and found it to meet its requirement Statue and Administrative Code.

 

Chairman Fisher inquired if someone had a project of exceeding its current allowances it would still come back to the Board for approval.  Mr. Buchanan responded yes; the remedial amendments cannot be looked at by themselves; there is the whole Comprehensive Plan and the Land Development Regulations, and each site has a Future Land Use already in place, as well as a Zoning District; and a few policies cannot be taken and shown to allow for something to be done along with the Comprehensive Plan, Future Land Use, and Zoning District as a whole.

 

There being no further comments or objections, the Board approved Partial Stipulated Settlement Agreement to allow for future adoption of remedial amendments to Ordinance No. 09-36.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  V.J.  PUBLIC HEARING, RE: RESOLUTION OF SUPPLEMENTAL BUDGET FOR FISCAL YEAR 2010-2011

Chairman Fisher called for the public hearing to consider approval of resolution for supplemental budget for Fiscal Year 2010-2011.

 

Alphonso Jefferson, Budget Director, stated before the Board today is approval for a supplemental budget for Fiscal Year 2010-2011; it recognizes an additional $24 million dollars, on primarily balance forward dollars; it has been advertised, it has met the requirements of Florida Statute; and it needs the Board's approval.

 

 

The Board adopted Resolution No. 11-031, approving a Supplemental Budget for Fiscal Year 2010-2011; approved the budget changes and such actions necessary to implement the adopted change; motion carried and ordered; and Commissioner Infantini voted Nay.

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

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

NAYS:                Trudie Infantini

.

 

 

Commissioner Nelson inquired if Commissioner Infantini can tell what specifically in the package she is opposed to because the rest of the Board might be interested and want to review that.  Commissioner Infantini responded no.  Commissioner Nelson inquired what was her opposition to doing this; and stated he is a little bit confused.  Commissioner Infantini replied she is just voting against it.  Commissioner Nelson inquired without any reason.  Commissioner Infantini stated it is just like him voting on the Platt amendment, by just voting against it. 
Commissioner Nelson advised he has consistently voted against Platt because it was a bad deal, but if she would like to discuss it they can.  Commissioner Infantini stated no, she has consistently voted against increasing the budget.

 

Commissioner Bolin advised this is not an increase.

 

Commissioner Nelson inquired what the consequences would be if it did not get approved; stated there are projects in here that are in District 3; and she is, in effect, voting against it.  Commissioner Infantini stated that is correct.  Commissioner Nelson inquired if there is something specifically she would like to have taken out.  Commissioner Infantini responded no.  Commissioner Nelson stated for instance, there is a project at Eber and Minton that is about $250 some thousand dollars, that would benefit Commissioner Infantini, but she just voted against it, so if she is not in supportive of it, it can be taken out, and those dollars can be reallocated.  Commissioner Infantini mentioned there is usually discussion at the end; there was already a vote on it; and she is not asking for a discussion.  Commissioner Nelson felt he needed to motion to reconsider.  Commissioner Infantini stated that it is okay.

RESULT:           ADOPTED [3 TO 2]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Robin Fisher, Chuck Nelson, Mary Bolin

NAYS:                Trudie Infantini, Andy Anderson

.

 

 

Commissioner Nelson stated now it is back to square one.

 

Commissioner Infantini stated she thought the Board was voting on it again.

 

Chairman Fisher clarified it is back to discussion; and he inquired if Commissioner Infantini has anything she would like to pull out that she has concerns with.  Commissioner Infantini responded no, she is just voting against it.

 

Commissioner Nelson suggested the project at Eber and Minton are using impact fees that could be utilized for the Wickham Road ITS System and those previously allocated dollars can be taken and allocated to Local Option Gas Tax for reallocation to the Commissioners, who indeed think the Board should be voting for this because it is important to continue to conduct business.  He mentioned between Commissioners Fisher, Bolin, and himself, they could have about another mile of resurfacing of roads.

 

Chairman Fisher pointed out he could use that because he gets calls from people who want the roads resurfaced, but there is not enough money.

 

Commissioner Nelson stated he thinks this is important; Commissioner Infantini has routinely voted against these and she sees this as an increase in the County's budget even though it is a routine placement of money for projects that have yet to be finished; one of those is one of hers and she is voting against her own projects; and that does not make sense to him.   He stated he would like to have an understanding about what that means, because those dollars can be reallocated if it is not important to her.

 

Commissioner Infantini stated she is not in favor of increasing the budget; it started out with a budget for 2010-2011 of $1.18 billion; it now is $1.68 billion; she would like the Board to know and learn how to properly budget; it can be seen towards the end of the year whether a project is finished or not; to increase the budget by $50 million during the year is misleading the community, who were told by the Board it had to raised its taxes because it did not have the extra $40 million because it gave away $20 million to two Commissioners for various road projects; at some point there has to be a no, to increasing the budget and she is saying no to increasing the budget; if Commissioner Nelson would like to pull out project-by-project, she encourages it; she is opposed to increasing the budget; inquired if the Board cannot properly budget for things at the beginning, then what is it doing in this type of business; and she thinks maybe there needs to be new people in charge of the Budget Department.   

 

Chairman Fisher stated he thinks there is a misunderstanding of exactly what this is.

 

Commissioner Bolin stated she wants clarification of the statements made of increasing the budget; and she would like staff to give an example and discuss what is really going on with this.

 

Mr. Jefferson explained in this particular package that was written by staff, a large portion of the dollars are from balance forward; typically what happens in any project or program that goes on, it is estimated as conservatively as possible as far as the expenditures that will be spent on that project; in the event, that expenditures come in last or there are some delays that may occur, it can cause a balance forward that rolls over into the next year; he would like everyone to remember as part of the budget process there are certain time lines that need to be met; if it goes through the end of September and there has been no opportunity to adjust the projects at that time because the budget has been already approved at that time, it is simply a balance forward issue; whenever a project or projects are taking place or going, it is a long-term project; and those need to have these balance forwards to roll over with the projects. 

 

Chairman Fisher inquired if a special grant that came in would go into this supplement budget report.  Mr. Jefferson responded if it was a special grant that came in for a specific purpose, that item would have came through to the Board already; this supplement process here is just specifically for those things that require a public hearing, but that specific grant would increase its budget.  Chairman Fisher stated it would not be an increase in the actual budget; it is just that a grant was awarded; and there is additional money in the bank.

 

Commissioner Bolin noted it is like balancing the checkbook.

 

Chairman Fisher stated the Board has to be fair with the public by telling them the Board is not increasing the budget by "X" amount of dollars; and he inquired if that is a true statement.  Mr. Jefferson responded it is a true statement; he would like everyone to remember the budget goes multiple years with multiple projects and dollars roll from year-to-year-to-year. Chairman Fisher confirmed if a project is not finished it rolls forward.

 

Commissioner Nelson stated a classic example is the enhanced 9-1-1 system; the project could not move forward because of some technical issues that had to be dealt with; $4 million is being rolled forward because it could not be completed due to the technical issue; it is just a routine; the budget is not being increased, which is his point he has been trying to make; this is just as if a project were being finished at home and it did not get it done in September and has to be finished in October; that is all that is happening here; he thinks it is unfortunate that it is been expressed, as being some kind of increase to the budget; it is truly not; it is just completing the work; and with that he is going to make a motion that since Commissioner Infantini does not seem to care about her projects, that impact fees are taken for the Minton/Eber project and reallocate those to the ITS System.

 

Commissioner Anderson mentioned Minton/Eber is his District also; that intersection is falling apart; and he is opposed.

 

Commissioner Nelson stated he knows that intersection is falling apart.   

 

Commissioner Anderson inquired if Commissioner Nelson would reconsider because it is where 36,000 people of Palm Bay travels through.  Commissioner Nelson responded it is a very important project.  Commissioner Anderson stated it is an extremely important.  Commissioner Nelson accepted at least four out of five believe it is important; and he moves the approval of the supplemental budget.

 

Commissioner Infantini stated when County staff goes before the Board like it did on July 8, 2010, it told of a budget of $974 million representing a 14 percent decrease over the current year’s budget, which is not even referred to; the Board keeps referring to how much it is cutting the budget when it is being put together, but then when it is increased the budget is not being increased; and she inquired if it is decreased originally or is it increased.  She stated she thinks when the Board tells the public it has to raise their taxes, it should not keep telling them how much it is cutting the budget when in fact it is not cutting the budget; and at this point the budget is only 2.3 percent down below the 2009-2010 adopted budget, which is why she is pointing this out.

 

Commissioner Nelson stated clearly what Commissioner Infantini is pointing out is not accurate; if she were to look at the State's budget related to the 528 bridge: those folks had no idea that the bridge was going to have to be worked on; and can only imagine how folks were scrambling to straighten out their budget for it; this is a routine process, that should not have to have this kind of controversy; it should be supported by all Board Members and if there is any specific issue in there that she does not like, she should bring it to the Board's attention instead of just voting against it and making it look like somehow the Board Members are doing something wrong; he finds it offensive; and he wanted to make that point today.

 

 

There being no further comments, Chairman Fisher called for a vote on the motion.

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

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

NAYS:                Trudie Infantini

.

 

ITEM  V.K.  PUBLIC HEARING, RE:  SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED ACTION PLAN FOR NEIGHBORHOOD STABILIZATION PROGRAM

Chairman Fisher called for the public hearing to consider approval substantial amendment to the Consolidation Action Plan for the Neighborhood Stabilization Program.

 

Ian Golden, Housing and Human Services Director, stated recently he received word there are additional allocation dollars for the Neighborhood Stabilization Program (NSP); what Housing and Urban Development (HUD) is determining is this NSP3 meets the requirement from HUD to have a 15 day public comment period, have the application substantial amendment approved by the Board, and the County is going to be getting a little over $3 million more to do acquisition of foreclosed and abandoned properties to be resold or rented.

 

Commissioner Nelson advised this will require budget supplement; and the next time there is a budget supplement it will be up by $3 million for accepting these federal dollars to do worthwhile projects.

 

 

There being no further comments or objections, the Board approved Substantial Amendment to the County's Consolidated Action Plan; and authorized the Chairman to sign the Substantial Amendment (SF424).

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  V.L.  PUBLIC HEARING, RE:  ECONOMIC DEVELOPMENT TAX EXEMPTION ORDINANCE FOR PROFESSIONAL AIRCRAFT ACCESSORIES

Chairman Fisher called for the public hearing to consider approval Economic Development Tax Exemption ordinance for Professional Aircraft Accessories.

 

Stockton Whitten, Assistant County Manager, stated this is tax abatement for Professional Aircraft Accessories (PAA); this abatement is for 100 percent for 10 years; and it is projected to facilitate the creation of 50 new jobs with an average annual salary of $45,852.

 

Mark Ryan, Titusville's City Manager, expressed his support for the tax abatement for PAA; it is on the City of Titusville's City Council Meeting Agenda this evening; and it is about creating 50 new jobs in the community and preserving 135 existing jobs.

 

 

There being no further comments or objections, the Board adopted Ordinance No. 11-07, granting tax abatement to Professional Aircraft Accessories (PAA). 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  VI.A.  RESOLUTION, RE:  RECONVENING THE FLOOD HAZARD AREAS/WETLANDS WORKING GROUP TO EVALUATE AND RECOMMEND AMENDMENTS TO THE WETLANDS OBJECTIVE OF THE CONSERVATION ELEMENT

Mel Scott, Assistant County Manager, stated this Agenda Item requests the reconvening of the Flood Hazard Areas/Wetland Working Group; in the past the Board has made definite strides of bringing additional flexibility to the Comprehensive Plan without sacrificing the end goals that the Comprehensive Plan has; there has been good work done through this Working Group on the Floodplain Policies; and it would like to have a couple meetings to work on the Wetland Policy sets.

 

 

The Board adopted Resolution No. 11-032, reconvening the Flood Hazard Areas/Wetlands Working Group to evaluate and recommend amendments to the Wetlands Objective of the Conservation Element, specifically to evaluate policies related to commercial, institutional, and industrial land uses in wetlands.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  VI.B.  ORDINANCE, RE:  TEMPORARY PAIN MANAGEMENT CLINIC MORATORIUM

Scott Knox, County Attorney, stated this is an ordinance, which is attempting to reinstate the moratorium on pain clinics; the previous one has expired; and the Sheriff's Office is requesting it be reinstated.

 

 

The Board adopted Ordinance No. 11-08, renewing the temporary moratorium on the issuance of Business Tax Receipts for Pain Clinics, Pain Management Clinics, and Case Only Pharmacies within Brevard County for an additional 180 days for until an ordinance regulating such business is adopted.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

ITEM  VI.C.  DONATION AND CAPITAL CONTRIBUTION FRONT-ENDING REIMBURSEMENT AGREEMENT WITH THE VIERA COMPANY, RE:  FIRE STATION 48

Chief Larry Collins, Fire Rescue Director, stated this is the application for reimbursement for Fire Station 48 in Viera; there are a couple of things that will be done with this; it will modify to have to draws by the Board allowing payment for the work that has been done; those dollars will come from impact fees from that particular area; the first request is $2.076 million for work that has been accomplished thus far; there is about $235,000 remaining after that, which will come forward again from The Viera Company after fees are figured for closing, permits, or other things that may come up, such as some cracks in the concrete floor in the apparatus room that is being looked at right now; and the goal is to move this forward and allow the County Manager to present it to the Board for finalization of all the elements together for closures of this project.

 

 

The Board approved the first reimbursement submitted by The Viera Company under the Reimbursement Agreement for Fire Station 48, as revised by the Amendment to Donation and Capital Front Ending Reimbursement Agreement previously approved by the Board on January 11, 2011; authorized the County Manager to approve a Supplement to the Initial Application for reimbursement that will be submitted by The Viera Company once all invoices are submitted and final purchases are made; and approved processing any budget changes necessary to implement these actions.  The Board further authorized the County Manager to execute an amendment to the Reimbursement Agreement to address Change Orders 1-7 and 11.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  VII.A.1.  BOARD APPROVAL, RE:  RELEASE OF LIEN FOR 2446 WILDWOOD DRIVE, MIMS

The Board authorized release of a January 16, 2003 County imposed lien in the amount of $3,302 for property located at 2446 Wildwood Drive, Mims, as the lien was paid in full on January 3, 2011.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

ITEM  VII.B.1.  APPOINTMENT, RE:  LOCAL HEALTH COUNCIL OF EAST CENTRAL FLORIDA

 

The Board appointed Maria A. Stahl MSN RN to serve on the Local Health Council of East Central Florida, with said term expiring December 31, 2013.

 

 

 

Upon Board consensus, the meeting adjourned at 11:15 a.m.

 

 

 

ATTEST:                                                            ____________________________________

                                                                           ROBIN L. FISHER, CHAIRMAN

                                                                           BOARD OF COUNTY COMMISSIONERS

_________________________                         BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK

.