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

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The invocation was given by Reverend Dan Robinson, Riverside Presbyterian Church, Cocoa Beach.

 

 

 

Commissioner Trudie Infantini led the assembly in the Pledge of Allegiance. 

 

 

 

The Board approved the March 8 and March 22, 2011 Regular Meeting Minutes.

 

 

 

 

Chairman Fisher read aloud a resolution declaring the week of April 24 - 30, 2011, as Administrative Professional Week, and April 27, 2011, as Administrative Professionals Day.

 

The Board adopted Resolution No. 11-074, declaring the week of April 24 - 30, 2011, as Administrative Professional Week, and April 27, 2011, as Administrative Professionals Day; and saluted the valuable contributions of administrative professionals and all office professionals in the workplace.

 

 

Charlene Spangler stated she is an Executive Assistant at The Viera Company, she belongs to the Central Florida Chapter of IAAP, and on behalf of her Chapter members, she appreciates the Board for acknowledging their profession; and she reminded everyone in the audience that if they have administrative support on their staff, to simply thank them for doing what they do.

 

Chairman Fisher stated he has a couple of Administrative Assistants that he needed to remember on those days because they do a lot of work.

 

 

 

 

Chairman Fisher read aloud a Resolution proclaiming April 2011 as National Minority Health Month.

 

The Board adopted Resolution No. 11-075, proclaiming April 2011 as National Minority Health Month; and encouraged all citizens of Brevard County to raise awareness about the importance of nutrition in achieving optimum health and fitness for increased quality of life.

 

 

Dania Hughley Armstrong expressed her appreciation for the Resolution; stated what a man does for himself stays with him, but what he does for his community lives on forever; it has been her goal to try to reach a life, save a life, and change a life; she tries to educate people, because minorities need to be educated and made aware of the health issues that face them; and it is her continuous goal to strive to obtain that to help minorities live long, healthy lives.

 

 

 

 

Commissioner Nelson read aloud a resolution recognizing the Brevard County Health Department.

 

The Board adopted Resolution No. 11-076, recognizing the Brevard County Health Department for receiving two certificate program awards as 2011 "Promising Practice" from the National Association of County and City Health Officials (NACCHO) for its outstanding role and innovated programs.

 

 

Dr. Heidar Heshmati stated the one program, which is supported by County government, is to help people who are needy and do not have insurance; the second program, with the help of the State Attorney's Office, helps rape victims not to have to go to the emergency room and wait; and the Health Department provides the service because of the County's support. 

 

 

 

 

Commissioner Nelson read aloud a resolution sanctioning the 3rd Annual Space Coast Boating and Waterfest.

 

The Board adopted Resolution No. 11-077, sanctioning the May 2011 calendar of events for the 3rd Annual Space Coast Boating and Waterfest that focuses on family and youth-centered activities, including fishing, sailing, and general boating events at various locations throughout the County, and includes other water-based events and informational activities during the week.

 

 

Mike Cunningham stated on behalf of the Marine Advisory Council, he wanted to thank the Board for the Resolution; and it signifies a lot of work on behalf of a lot of people.  He explained at first the Council was not really sure if an event like this would be viable for the entire County, but they were proved wrong.  He added this is not just a localized program, it is a countywide program; there are stakeholders throughout the County who have donated their time, given advice, and offered to help the Marine Advisory Council in any way possible; and they are already working on next year.

 

 

 

 

Commissioner Nelson read aloud a resolution proclaiming the week of May 1 - 7, 2011, as Corrections Officers Appreciation Week.

 

The Board adopted Resolution No. 11-078, proclaiming the week of May 1 - 7, 2011, as Corrections Officers Appreciation Week; and encouraged all citizens to recognize the demanding and unselfish commitments made by Brevard's Corrections Deputies.

 

 

Sheriff Jack Parker expressed his appreciation to the Board for the Resolution.  He pointed out it is hard to explain what they really do and have to deal with behind the walls of the Jail; and it would be hard to imagine going into that atmosphere every day and coming out with a positive attitude.  He pointed out what is overlooked is that the crime rate in Brevard County has gone down; the Jail population should be 2,100 to 2,200 inmates for this size county; but Brevard County has a little under 1,500 inmates.  He added, the Corrections Officers have a great deal to do with that because they take pride that they are corrections deputies; and as a result of living great lives, setting good examples, spending lots of time with inmates, and trying to change what they do, half of the inmates who come in the Jail never come back again because they had the opportunity to talk with those individuals.  He went on to say as the budget process comes upon them, there is a million dollars of funding not needed for the Jail because of the work done by the corrections officers.  He introduced Corrections Officer Harris who officially accepted the award from Commissioner Nelson.

 

 

 

 

Commissioner Infantini advised she and Commissioner Anderson will be presenting the resolution at the Save Our Troops Rally.

 

The Board adopted Resolution No. 11-079, expressing support and appreciation to all current and former members of the United States Armed Forces who have answered the call to defend our Nation, who risk their lives to preserve the vision of our forebears and the freedoms we enjoy; the families of the military personnel who provide support and prayers for their loved ones engaged in military operations; and the City of Palm Bay who continues to carry on the proud tradition for all current and former Members of the Armed Forces with an annual "Support the Troops Rally". 

 

 

 

 

Commissioner Infantini stated Dr. Roger Manley works at the Nathan M. Bisk College of Business at Florida Institute of Technology; for the past 16 years he has organized the Ethics Competition annually; he selects the case the students will be reviewing; and ultimately, they have a huge competition.

 

Commissioner Infantini read aloud a resolution congratulating Melbourne High School's team win in the High School Business Ethics Competition.

 

The Board adopted Resolution No. 11-080, acknowledging the accomplishments and congratulating the Melbourne High School Business Ethics Team, and their advisor, Diane Grover, for their first place win in the 15th Annual Florida Institute of Technology Nathan M. Bisk College of Business High School Business Ethics Competition. 

 

 

Dr. Roger Manley stated there were three of them who started this competition, Tim Hollingsworth, General Doug Gordon, and himself; their original thoughts were that business typically gets a bad rap on the question of ethics and in general media; and they wanted to provide a more even-handed approach to examining business challenges that managers will typically run into.  He advised they thought of a way to introduce the topic to high school students, and also give them the opportunity to function as members of a learning team and compete with representatives of other schools; they hoped it would be fun; and they drew upon members of the community to be judges, ranging from Judge John Antoine, the General Counsel of Harris Corporation, and other people from the community.

 

Diane Grover stated it is an honor to be associated with business ethics.  She went on to express her appreciation to the Board for the job that it does.

 

Harris Krause expressed his appreciation on behalf of the team; stated a lot of members of the community were at the event; and thanked the Board for recognizing what a great job Dr. Manley does.

 

 

 

 

Commissioner Bolin read aloud a resolution recognizing April 2011 as the 43rd Anniversary of the Fair Housing Act.

 

The Board adopted Resolution No. 11-081, recognizing April 11, 2011 as the 43rd Anniversary of the Fair Housing Act, and April 2011 as Fair Housing Month.

 

 

A Representative from the Fair Housing Continuum stated for the past 16 years they have worked very closely with the County and the Home Consortium; they are here to educate the public on Fair Housing Laws; and this Thursday morning they have a Fair Housing Workshop for persons with disabilities at the Palm Bay City Hall at 8:30 a.m., and it is free to the general public.

 

 

 

 

Commissioner Nelson invited staff to come forward who were chosen as representatives for all County employees:  John Arnoldy, Central Services Office, Fleet Services; Rich Ataman, Public Works Department; Merritt Cogswell, Solid Waste Management Department; Robert Edmiston, Utility Services Department; Candy Hanselman, Planning and Development Department; Diane Hardos, Information Technology Department; Greg Jones, Natural Resources Management Office; Diane Vosatka, Library Services Department; Pam Wallace, Budget Office; and Jennifer Wyman, Fire Rescue Department.

 

Commissioner Nelson read aloud a resolution proclaiming May 2 - 8, 2011, as Public Service Recognition Week.

 

The Board adopted Resolution No. 11-082, proclaiming May 2 - 8, 2011, as Public Service Recognition Week; and expressed its appreciation not only to Brevard County employees, but to all public service employees at all levels of government.

 

 

 

 

Commissioner Anderson advised he will present the resolution at the 14th Annual Caribbean Jamboree at Palm Bay Regional Park on May 28 or 29, 2011.

 

The Board adopted Resolution No. 11-083, expressing support and appreciation to Brevard Caribbean American Sports and Cultural Association for their outstanding efforts; and offered congratulations and best wishes for a successful 14th Annual Caribbean Jamboree on May 28 and 29, 2011, at Palm Bay Regional Park.

 

 

 

 

Chairman Fisher read aloud a resolution proclaiming a Day of Service.

 

The Board adopted Resolution No. 11-084, proclaiming April 30, 2011, as Day of Service.

 

 

Tony Rivoli stated some of the events are the Titusville YMCA, Community of Hope, Diamond School and Christian Fellowship, Wind of the Spirit, Women's Center of Brevard, Nemo Community Garden, Melbourne Corps Salvation Army, Ladies Auxiliary; Veteran's of Foreign Wars; Richard's Paint; and the Brevard Interfaith Coalition.  He presented Chairman Fisher with a personal family history dating back to 1829; and expressed appreciation for his assistance.

 

Chairman Fisher expressed his appreciation to the group.

 

 

 

 

Commissioner Bolin read aloud a resolution commending Kate Bixby.

 

The Board adopted Resolution No. 11-086, commending Kate Bixby, Supervisor of Elections Intern, for her strength of character; and wished her well in her future endeavors. 

 

 

Kate Bixby stated it was a wonderful experience working with such a great group of people in the Supervisor of Elections Office.

 

Lori Scott, Supervisor of Elections, stated Kate became part of staff, she was a pleasure to have; and it is great to have young people involved in the elections process and volunteering.  She added Kate went above and beyond doing outreach, registering new voters, and mailing absentee ballots; and the office could not have done it without her.

 

 

 

 

Commissioner Nelson read aloud a resolution recognizing and congratulating Richard H. "Dick" Martens.

 

The Board adopted Resolution No. 11-085, recognizing and congratulating Richard H. "Dick" Martens for his 29 years of dedicated public service to Brevard County; and wished him and his wife, Maureen, a happy and safe retirement as they begin a new phase of their lives camping across the continental United States and Alaska.

 

 

Commissioner Nelson talked about Dick's dedication to his job by helping people in need get their water turned back on; and he presented him with a mug.

 

Dick Martens stated his appreciation for all of the kind words; Brevard County government is a different place than it was when he began his career; that is what he will take away with him the most; and it is a different government because of the people.  He pointed out in Utilities Services, there are over 100 people working from Mims to San Sebastian today; they are the heart and soul of Utilities; and what he has accomplished, he has only been able to accomplish because of them.  He expressed his appreciation to the Board for all it has allowed and helped him to do; stated it would have been nice to have done more things; but that leaves challenges for someone else in the future.  He stressed he mostly wanted to thank his close team; he spent his life with these people; they really were a family; they have helped, nurture, and put up with him through the years; and he appreciates it, and will not forget it.

 

County Manager Howard Tipton advised he has had the chance to work with several utilities directors; but he can honestly say he has worked with none better.

 

 

 

 

Howard Tipton, County Manager, stated there were two workshops scheduled when the original schedule was put together; one was for April 28, 2011, and one for May 5, 2011; he has nothing proposed for those; as it gets closer to the budget discussions, because the meetings have been relatively short, he is going to propose the Board fold in the budget discussions as part of the regular Board meetings; and he would like the Board to consider cancelling the April 28 and May 5, 2011, workshop meeting dates.

 

The Board approved cancelling the workshop dates scheduled for April 28 and May 5, 2011.

 

 

 

 

Chairman Fisher inquired what the status was of the discussion with the Clerk of Courts.

 

Stockton Whitten, Assistant County Manager, stated staff had one meeting scheduled that has to be rescheduled; if the Board will recall, it actually directed staff to work on a payment schedule, which they are attempting to do; again, there is a need to schedule a meeting to talk about the specifics of the payment plan; and reiterated that staff is working on that right now.

 

 

 

Commissioner Nelson stated he and Commissioner Fisher attended the Police Hall of Fame Banquet for the National Officer of the Year; there was quite a story of a school resource officer who found a principal confronted by a man with a gun; and the officer was able to get the principal away.  He went on to state there were several officers in the County that were recognized nationally.

 

 

 

Commissioner Nelson advised it was announced that Brevard County and the Kennedy Space Center Visitor Center was going to be receiving Space Shuttle Atlantis after its final mission; there was a certain level of surprise with some of the other selections; but he was very pleased as it will have a beneficial impact to Brevard County's tourism.  He added, Delaware North will also be making a very large construction commitment to the Space Coast; and good things are starting to happen.

 

 

 

Commissioner Infantini reported that she and members of her family had the distinct opportunity to participate in the Space Coast Early Intervention 2nd Annual Cycle Jam; they had people cycling anywhere from 10 miles to 100 miles to raise funds; she thinks they raised nearly $55,000 for both pre-school age children with and without disabilities; and she was honored to participate in that event.

 

 

 

Commissioner Bolin stated May 5th is National Prayer Day; everyone is invited to attend on that day from 12:00 p.m. to 1:00 p.m. at the Government Center by the pond; there will be a resolution read at that time; and local pastors will be leading everyone in prayer.

 

 

 

Commissioner Bolin advised she received a telephone call from Steve Olson who is the Public Information Officer with the Florida Department of Transportation (FDOT); the official word, as of today, is that the ribbon cutting ceremony on the Pineda Causeway and I-95 Interchange opening will be Monday, May 2nd at noon; and then the red cones will be kicked over so the cars can roll through.

 

 

 

Chairman Fisher stated over the weekend he attended the Harry T. Moore Festival in Titusville, the Relay for Life Cancer Event, and the Trash Bash for Keep Brevard Beautiful. 

 

 

 

Chairman Fisher stated no one mentioned the Space Symposium that all of the Commissioners attended; the Board should take credit for bringing back $280 million to Brevard County for NASA; it was a very worthwhile trip; and the Commissioners learned a lot from being there.  He added things are moving in a positive direction for Kennedy Space Center.

 

 

Chairman Fisher pulled Item III.C.1., Application with U.S. Board on Geographic Names, Re:  naming Barrier Island Ponce De Leon Island; Commissioner Nelson pulled Item III.A.2., Legislative Intent ad Permission to Advertise, Re:  Ordinance Amending Chapter 62, Article IX, Sign Regulations; and Commissioner Infantini pulled Item III.A.12., Contract for Sale and Purchase with Florida Business Bank, Re:  Property to be Used for Improvements for County Road and Bridge Yard Located on Lake Drive, and Item III.C.2., Authorize Distribution, Re:  Florida Contraband Forfeiture Funds, from the Consent Agenda for discussion.   

 

 

 

The Board executed the Florida Department of Environmental Protection (FDEP) 319 Grant Agreement Amendments and future contract amendments, with prior review and approval from the County Attorney and Risk Management, for Beach Outfalls Improvements, Pine Island Conservation Area Stormwater Improvements Phase I, and the South Lake Water Quality Improvement Project.

 

 

 

 

The Board approved to sunset the 2002 School Board Interlocal Joint Planning Agreement (IJPA) that was superseded by the 2008 adopted School Board/County/Municipal ILA mandated by the Legislature in Chapter 163 Florida Statutes.

 

 

 

 

The Board adopted Resolution No. 11-087, and executed On System Maintenance Agreement with Florida Department of Transportation (FDOT) for the maintenance of the Advanced Traffic Management System (ATMS) Expansion Project.

 

 

 

 

The Board executed Contract for Sale and Purchase with David M. and Joan P. Moallem for an easement for the CDBG Harry T. Moore Project.

 

 

 

 

The Board executed Contract for Sale and Purchase with Eugene Blane for an easement for the CDBG Harry T. Moore Project.

 

 

 

 

The Board approved the transfer of a portion of the Chain of Lakes Park entrance property now known as Truman Scarborough Way to the Public Works Department as road right-of-way.

 

 

 

 

The Board adopted Resolution No. 11-088, and executed Waterline Easement and Bill of Sale with City of Titusville for the purpose of constructing and maintaining a water line to Chain of Lakes Park with ingress and egress.

 

 

 

 

The Board granted permission to bid the construction for the Kings Park and Chain of Lakes Trail Projects; approved awarding the bids to the lowest responsible bidder; and authorized the Chairman to sign the contracts.

 

 

 

The Board adopted Resolution No. 11-089, and executed Conservation Easement and Owners Affidavit with St. Johns River Water Management District for conveyance associated with the Chain of Lakes Regional Stormwater Park South Expansion Project.

 

 

 

 

The Board accepted Easement from David Karl and Anna-Lisa Meier for the construction of a portion of the proposed extension of Washington Street.

 

 

 

 

The Board granted permission to allow Waste Management, Inc. to change the residential collection days for the south collection contract area from Wednesday and Saturday to Monday and Thursday, or Tuesday and Friday, ensuring that each residence still receives twice per week service while reducing the Solid Waste Management Department's operating costs.

 

 

 

 

The Board approved Budget Change Requests, as submitted.

 

 

 

 

The Board accepted the 2010 Comprehensive Annual Financial Report and annual report for Community Redevelopment Agencies (CRAs) for the City of Melbourne.

 

 

 

 

The Board acknowledged receipt of 2010 Comprehensive Annual Financial Report (CAFR) for the City of Cocoa.

 

 

 

the Board awarded Bid #B-3-11-21 to Goodson Paving Inc. of Cocoa for North Tropical Trail Sidewalk Project; and authorized the Chairman to execute the contract.

 

 

 

the Board accepted the termination of lease with Crosswinds Youth Services, which will expire September 30, 2011; and authorized the Facilities Department to demolish the building on property located at 55 North Courtenay Parkway, Merritt Island.

 

 

 

 

The Board granted permission to bid and award bid for the replacement of variable air volume (VAV) controllers and update the fire alarm system for the County Service Complex, Merritt Island; authorized the Chairman to execute the contract(s) for same; and authorized all necessary budget actions to travel funding from Repair and Maintenance to Facilities Major Improvements.

 

 

 

 

The Board approved the proposed changes to Board Policy BCC-60 regarding displaying flags at County facilities (previously title Displaying United States Flag at Half-Staff).

 

 

 

 

The Board executed the Agreement with the Brevard Alzheimer's Foundation Inc. for transportation services in Brevard County.

 

 

 

 

The Board executed the Addendum and Amendment of the Medicaid Waiver Service Agreement with Agency for Persons with Disabilities for the Home and Community-Based Waiver/Family and Supported Living Waiver Program.

 

 

 

 

The Board executed the First Amendment to Interlocal Agreement with the City of Melbourne for the purpose of providing Bus/Transit shelters and benches within the city limits.

 

 

 

The Board appointed/reappointed Bruce Moia to the Building and Construction Advisory Committee, with a term expiring December 31, 2011; and Dan Daniels to the Marine Advisory Council, with term expiring December 31, 2011.

 

 

 

 

The Board approved the Billfolder, as submitted.

 

 

 

 

The Board acknowledged the Brevard County Comprehensive Annual Financial Report (CAFR) for the fiscal year ending September 30, 2010.

 

 

 

 

Commissioner Nelson advised he is going to support moving this item on to the LPA and the other group that will be looking at this.  He talked about some concerns he had regarding taking the citation process out, as it makes it a more bureaucratic process than it currently is, because in a citation process a warning can be issued, but in the other process staff has to go back to the office and write a violation; it should be kept as simple as possible; and he wanted his comments to be included with the discussion as it goes forward.  He went on to add it is not clear to him how many signs can be had in a certain location, because it talks about site, but it does not specify business or the entire strip center; and he requested that be looked at.

 

Commissioner Anderson stated Commissioner Nelson had the same concerns as he did; and with Commissioner Nelson's comments going forward to the LPA and BCAC for review, he is fine with passing the item.

 

Chairman Fisher stated his concern is the amount of signs, but he will let it be advertised and then have later discussion on it.  

 

The Board approved legislative intent and granted permission to advertise the proposed changes to the Sign Regulations, Chapter 62, Article IX.

 

 

 

 

Commissioner Infantini stated the reason she pulled the item is not for the acquisition costs, but she sees a contract where the seller is crossing off every single warranty; she realizes the purchase price is only $5,000, so it is not the dollar amount of the acquisition price that she is contesting; but when someone crosses off every single warranty when selling property, she questions the value of the acquisition.  She inquired if the County Manager thinks it is prudent for the County to purchase land without having full understanding of the potential ramifications.

 

County Manager Howard Tipton stated he would defer to John Denninghoff for part of the answer.  He went on to say, as the County goes through its purchases, even though these are strike-throughs, there is some attempt to understand the property's history and exactly what it is getting itself into, even if it is a low amount.

 

John Denninghoff, Public Works Director, stated when the County receives a donation, or even a low-cost purchase on a piece of property, staff performs a basic phase I environmental site assessment of the property; it is not a full-blown assessment, that is a more involved process; however, they do look at the property to see if there are any problems with it; upon search of the registered sites where there is contamination, none of them are close enough to the property to reasonably cause a problem on the property being looked at; and staff also performs some of the other activities associated with environmental site assessments, such as talking to property owners and realtors or managers of the property who have been there.  He added it is a pre-phase I assessment; but staff can do a phase I assessment on the properties.  He explained that in many cases, the typical costs for a phase I assessment is approximately $2,000; the question is if the Board wanted to do it; if it is adjacent to a public road right-of-way or strip property with a County ditch running through it, there are reasons not to be as concerned with it; this is one that was recently had a ditch running adjacent to the property, and that is part of why this one would not be a candidate to go through that process; but he reiterated staff can do that if the Board directs it. 

 

The Board executed Contract for Sale and Purchase with Florida Business Bank for property to be used in conjunction with improvements planned for the County Road and Bridge yard located on Lake Drive; and waived the appraisal, Phase I Environmental Assessment, and survey requirements. 

 

 

 

 

Commissioner Infantini advised she attended a meeting a few weeks ago and it was suggested that the Board consider renaming the barrier island, because it does not have an official name, Ponce de Leon Island; at the time it sounded like it was an idea to be presented to the Board; but upon thinking about it, when an island is being named, it really should be vetted with the whole population of people it would impact; and she regrets she did not consider that.  She went on to state that she has reconsidered the idea; and before something is named, all the people should have the opportunity to have an idea of their own.  She noted she is withdrawing the recommendation; but she wanted to advise the public before anyone spoke. 

 

Maureen Rupe stated it was only three days ago that she learned of this item being on the Consent Agenda; it deserves considerable discussion and input from the public; the renaming of the whole barrier island is a magnitude to people; and she says renamed, because according to the U.S. Board of Geographic names, the name of Canaveral Peninsula is still a valid name.  She pointed out that renaming the Peninsula would affect a lot of people for a long time; and it must be acceptable to local citizens.  She stated she does not know why Commissioner Infantini would have placed it on the Consent Agenda in the first place; and she continues to be disappointed in Commissioner Infantini when it comes to public input. 

 

Commissioner Infantini asked that Ms. Rupe address the Chairman and not her personally.  She expressed her appreciation for Ms. Rupe's thoughts; stated she was going to present it as a resolution, but thought it deserved more consideration than just presenting it as a resolution; and that is why she had it placed on the Agenda so it would have debate and dialogue.  She stated there are Commissioners who review the Consent Agenda and pull it for discussion unless he or she sees it does not need discussion; and fortunately she and her peers have the opportunity to always discuss all of the items on the Agenda. 

 

Chairman Fisher stated Commissioner Infantini realized it was not well thought out and she decided to pull it.

 

Frank Thomas stated he is the historian for the group, Celebration Committee, for Ponce de Leon.  He stated it is an initiative and an honor the island be named for Ponce de Leon who landed here in 1513; it is an honorable thing; it does not change people's lives; and that is the emphasis behind it.  He revealed that there is a huge celebration coming in two years, and this is a part of that.  He went on to say he is sorry the resolution was withdrawn; and he hopes it will come before the Board again.  He advised the Ponce de Leon landing was in Melbourne Beach.  Douglas Peck discovered it by recreating the voyage of Ponce de Leon to show exactly where he landed.

 

The Board took no action regarding the request to file an application with U.S. Board on Geographic names, naming the Barrier Island as Ponce de Leon Island.

 

 

Commissioner Infantini stated she is voting no on this item because she does not like to go six months to a year and continually change the budget; she realizes that they are forfeiture funds that need to be disbursed; but it should be in the original budget. 

 

County Manager Howard Tipton stated while there is the opportunity to anticipate that there will be forfeiture funds, it is nearly impossible to estimate the exact amount because it comes in through different activities of law enforcement agencies; and what is being done now is recognizing those funds that have been forfeited through the courts and through seizures, and making the distribution to the cities.

 

Greg Pelham advised the State Statute does not allow the Sheriff's Office to budget the future receipts of forfeited funds; and it can only be done once they have been awarded to it by the courts.

 

The Board authorized the distribution of $15,000 and $25,790.38 in Florida Contraband forfeiture funds to the cities of Sunrise and Melbourne respectively, in accordance with Florida Statutes 932.7055(5); and authorized any necessary budget amendments.

 

 

Chairman Fisher noted those are the types of things that could be discussed prior to the meeting to help move the meeting along.  Commissioner Infantini stated because of her schedule, the briefing did not actually take place until yesterday afternoon; and a lot of people were traveling last week so it was tough to get together.

 

 

 

Reverend Earl Medlen stated while watching news he heard Caterpillar Inc. was seriously considering moving out of Illinois; and inquired why not lobby Caterpillar and entice them to come to Brevard County.  He explained the Board could entice Caterpillar with better weather in Florida than Illinois; it is a right-to-work-state, it would not be constrained by agreements with a union; there is a port here to ship around the world; and those are good enticements to get Caterpillar Inc. in Brevard.  He stated the reason why Caterpillar is thinking of leaving is because Illinois has a state tax which was recently raised to 67 percent, along with license plates and drivers license fees; and the corporate tax is extremely high.  He encouraged the Board to get together and entice Caterpillar Inc. to Brevard County. 

 

Commissioner Fisher stated at the last meeting the Board worked with Economic Development Commission (EDC) and agreed to send a letter to Caterpillar Inc. asking them to come to Brevard County; and it is also working with a developer that is willing to entice them even more.

 

 

Chairman Robin Fisher called for the public hearing to consider a second amendment to Joint Planning Agreement with the City of Melbourne.

 

Robin Sobrino, Planning and Development Director, stated this is a request to create a bridge on the Joint Planning Agreement with the City of Melbourne, which is set to expire next month; it is agreed that the City planning staff and the County staff find it a beneficial arrangement to share planning expertise, and would like the opportunity to extend it for six months so that staff can come up terms that are fresher and more contemporary with today's changing planning issues.  

 

There being no further discussion, the Board approved entering into a six month extension to the 2006 City of Melbourne Joint Planning Agreement (JPA) which is set to expire May 21, 2011. 

 

 

 

 

Commissioner Bolin inquired upon approval, how soon it would go before a Judge to get the whole process done.  Attorney Knox replied Monday morning at 8 a.m.

 

The Board, as court appointed receiver for San Sebastian Water, LLC, executed a Contract for Sale and Purchase with Flynn Services, LLC for San Sebastian Water, LLC; and directed all documents necessary for final closing be prepared.  

 

 

 

 

John Denninghoff, Public Works Director, stated the item is under consideration as a Contract for Sale and Purchase on a parcel that is at the northwest corner of the intersection of Martin Boulevard and North Banana River Drive on Merritt Island.  He explained the intersection of the two roads is an area that staff has recognized for some time that has some challenges from a safety perspective, and while staff is working on that as a project, they have been unable to address all safety issues that it would like to at the location, because there is not enough road right-of-way to do it all.  He added, the property had been at a much higher price, and it recently listed for about $94,000; the buyer has agreed with staff on a price of $59,000; and staff's position on the price would be only if a new appraisal would support $59,000; the buyer would not go below $59,000 in negotiations.  He explained when the County acquires the parcel it will enable it to shift a sidewalk, which is currently on the outside of a curve, which means the momentum of cars will take the cars into the sidewalk area; the sidewalk is located very close to the traffic area; and currently there is a fence along the sidewalk that prevents people from falling off the sidewalk down to a low area that is adjacent to the sidewalk.  He pointed out the fence actually traps people along the fence between the traffic and the fence; and purchasing the parcel would allow the County to solve the problem for the portion of the pedestrian area.  He stated it is also in close proximity to the existing Kelly Park Area, and an elementary school around the corner from the parcel; and it is an area where there are a lot of pedestrians.

 

Commissioner Nelson stated this has been an ongoing struggle, and he is pleased the price has come down; he would like to make the motion, but if the appraised value comes in less than $59,000 and the seller is willing to negotiate lowering the price, that the Board authorizes staff to negotiate; and no greater than $59,000 and the ability to offer lower if the appraisal does not support the $59,000.  Mr. Denninghoff clarified the Chair would be able to execute the contract with that condition.  Chairman Fisher advised the Board will not pay more than the face value.  Commissioner Nelson stated the County is not paying more than appraised value, and not paying more than $59,000 for it, so the County could pay less than that.     

 

The Board approved and authorized the Chairman to execute the Contract for Sale and Purchase and Addendum with John Bradford Unger, individually and as representative of the Estate of Melba Louise Unger, deceased and Walter Ryan Unger and Anthony Unger, individually, for property located in Merritt Island, on North Banana River Drive and the intersection of Martin Boulevard.        

 

 

 

 

Alphonso Jefferson, Budget Office Director, stated the current Policy BCC-21 instructs staff to come before the Board and recommend some changes before the budget workshops; this agenda item today recommends changes to BCC-21; he wants to make it more efficient, as far as operational, and to clarify some languages as well.  He added, there are some changes to definitions, and references; also, staff outlined and clarified items associated with the capital improvement plan and the developmental of the capital outlay budget; it talks about the roles and responsibilities with the Clerk; and staff wants to define the rolls.  He advised the Clerk would still provide the County functions, but staff wants to define the roll of Clerk Finance rather than County Finance; items associated with this are the award and solicitation of bids when funding is available, based on the Board's approval of the budget; based on the Board's verified items as staff goes through the budget process it is allowing departments to go out and do their form of bid and advertise it, and when funding is available that it move forward with the award when it is low bid; and anytime it is not low-bid staff always comes back to the Board, which is more efficient and faster, as far as processing awards and bids.  He clarified the roll in additional partners associated with advising the County Manager on debt financing; the different system approval associated with inter-fund and line item transfers and the threshold amounts; and this is a Board-approved item, but staff just incorporated into the policy.  He stated staff wants to make it very clear, as far as last year, it came to the Board and asked for the County Manager to have authority to do temporary loans; staff would like to try to incorporate that into the policy to give the County Manager authority to use temporary loans when there is a cash flow issue; and of course, the County Manager would come back to the Board and report the use of the funds and any cost associated with the item.  He added, there is also a current Policy BCC-47, which allows the County Manager to accept donations up to $35,000; staff incorporated this in the policy and expanded on it; Parks and Recreation and Library Services have the authority to accept donations up to a certain amount; staff has expanded it to all departments to accept donations up to $35,000 limit, and expanded up to $100,000 for the County Manager.  He mentioned in the policy staff touches on reserves with a goal of having a 10 percent unrestricted reserve amount, just a goal of 10 percent on all funds; and eliminated contingencies accounts, because right now there are no contingencies accounts in Brevard County at all, it strictly has reserves established.  He concluded there are some small changes in some wording just to close out the particular policy.

 

Commissioner Infantini stated regarding the bid, it looks like staff is crossing off the dollar threshold of $100,000, which means that now departments will be able to go out to bid, and award the low bid for tangible items of any dollar value without every bringing it back to the Board.  She stated personally, she thinks it is their shared responsibility as County Commissioners to oversee spending that is in excess of $100,000; she is not comfortable with removing the language that requires staff to bring back items over $100,000, otherwise it is turning over their due shared responsibility to staff; and she does not think the meetings are so long that the Board needs to give up that responsibility; and she is not comfortable deleting that portion.

 

Howard Tipton, County Manager, stated Commissioner Infantini's point reflects the current practice; what staff is purposing is the items that it is typically purchasing are part of the overall approved budget, so it is working within the dollars that have been appropriated to purchase services.  He added, staff is going forward using the approved process for procuring the items; staff is doing competitive bids; and in this case, staff is just awarding the lowest bidder.  He explained if there is a change to, such as, if staff was contacting four professional services, something that was not just a simple low bid process, staff would be bringing that back to the Board; but its intent is trying to be more efficient; this bringing it back to the Board for an item that has been previously approved, allowing staff to administratively move it forward, allows the project to move forward that much quicker; and that is the reason for staff bringing it forward.  He added, it was not to circumvent the Board's responsibilities, and he appreciates Commissioner Infantini's position, but staff felt with all the other policy positions and regulations that are in place, this move is just one of expediting the work out in the community.

 

Chairman Fisher clarified the items are previously approved by the Board.  Commissioner Anderson stated if the Board had approved in the budget a Ford ambulance over $100,000, and it has specifications that will not be changed, the lowest bidder who produces the vehicle gets the bid.  He explained if it was something like the misdemeanor probation, which had a lot of different elements and things to be considered, then it would come back to the Board.  Mr. Tipton answered, yes; and using the example of heavy equipment is really the easiest thing to think about; but it could also be used for maintenance services where staff goes out and needs people to maintain the common areas of the Government Center in Viera, which is a straight low bid, and staff awards them.  Commissioner Anderson agreed it would be items with no subjective criteria.  Commissioner Infantini stated her concern is even though it may come back with the low bid, the low bid may be higher than the Board's acceptable amount; sometimes it is budgeted but it is not always the total dollar amount the Board agreed on, because sometimes the low bid has comeback a little higher than what the Board had approved.  She added, items that have gone out to bid, she requests that the County Commissioners always review the contracts again; and if she has to approve this as a whole big package or not approve it at all, her vote will go down as no.  She stated she would like to approve the changes that are noted with the exceptions of Item VIIII.

 

Commissioner Anderson asked if the Board had approved the budget that contained a specific budget amount, and low bid was above the amount, and inquired if that would come to the Board automatically.   Mr. Tipton responded, yes staff would bring that back.

 

Commissioner Nelson stated not every fund has reserves.  Mr. Jefferson stated it is just a way of appropriating; staff knows not every fund has reserve, and probably in that language it should say, 'where appropriating for the reserves', because every fund does not have a reserve amount.  Commissioner Nelson pointed out if one took this literally, staff would have to create reserves in places where it currently does not have them; and asked staff to modify the wording to say, as appropriate,.  

 

The Board approved changes to Policy BCC-21 that provides guidance to staff on managing County finances and developing and amending the County's Annual Operating and Capital Improvement Budget.     

 

 

 

Howard Tipton, County Manager, stated with the changes that were made in Item VII.B.1., Policy BCC-21 changes; therefore, Policy BCC-47 is no longer necessary.

 

The Board approved cancellation of Board Policy BCC-47, Acceptance of Donations to the Board.

 

 

 

 

Stockton Whitten, Assistant County Manager, stated the item is a proposed lease agreement for space for the Supervisor of Elections for a support center; and the lease is proposed at a five-year term beginning June or July of this fiscal year for approximately16,750 square feet at cost of $7.44 per square foot.  He advised the services that would be provided, and the items addressed in the location, are listed on the agenda report.  He stated in the item, staff has addressed for the Board some issues it may discuss, or may have been under consideration; how the space compares to the market place; and how it compares to actual new construction, or renovating space in the marketplace.  He added, staff has provided a listing of properties it has reviewed since September 2010; and have shared it periodically with the Supervisor of Elections office, just a scale of the properties that are available in the marketplace.  He stated the third point for consideration was the EEL facility; and staff has noted why it is not think a viable option.  He stated in terms of fiscal impact, the request is to take from reserves approximately $75,695 to occupy the space; and $100,000 would be utilized within the facilities budget to renovate the current space that the Supervisor of Elections Support Center has, and utilize the space for some existing storage needs of the County.  He concluded, the goal of the item was to occupy adequate space for the Supervisor of Elections within the existing expenditure budget for lease space.

 

Lori Scott, Supervisor of Elections, stated she would like to thank the Commission for reviewing the item, as well as the County Managers office, particularly Mr. Whitten, who has since September been working on this issue to try and find space; and also all the hard work of the Facilities Department.  She advised the current support center has some serious issues, and she is happy to hear that the County is looking to renovate the space, since the building is owned by the County, and go forward with using it as storage space.  She stated the new facility has fire sprinklers in it and the current facility does not.  She distributed an article from last year where Houston's election support center burned to the ground 51 days before early voting started; and they lost 10,000 pieces of equipment.  She stated she has the responsibility to put on an election no matter what happens; and that is why there are contingency plans.  She advised it has been a serious concern that the current facility does not have fire sprinklers; she got an estimate that is just shy of $70,000 to put fire sprinklers in the building; and the building not only stores the election equipment, but also has public records storage.  She presented pictures of the current facility and explained water intrusions, and serious issues where water has leaked into the building and voting booths were covered with plastic to protect them; exposed insulation with mold growth on drywall; water intrusion around the bay doors; exposed mold on the floors and mold coming in through the foundation; and again, this is the public records storage area.  She thanked the Commission for realizing that this is not an adequate facility for the Supervisor of Elections, and she looks forward to continue working with the Board.

 

Scott Knox, County Attorney, stated the lease agreement came to staff on Friday, and Deputy County Attorney Shannon Wilson is reviewing it today, she had a small issue with the identification clause, so it would just require some tweaking on that; and if the Board is going to approve it, it should be approved subject to the County Attorney’s approval of that lease agreement.

 

Commissioner Infantini stated she is very happy that the Board is moving forward to get Ms. Scott out of the location she is in; the problem is that she does not think staff thoroughly vetted all of the options available, but fortunately a few real estate agents in the area were able to pull up some MLS listings.  She added, she would like to table the item for two weeks so that the Board would have an opportunity to see some of the listings that she has been presented; and she does not think two weeks is going to change anyone lives tremendously.  She mentioned it looks like it could save the County greater than 50 percent, right now staff is proposing to rent some space for $90,000 per year, plus another $34,000 per year in common area maintenance, so that is a $120,000 per year.  She advised some of the leases she has just seen today and has not had a chance to go over them, but it is actually looking like you could lease it for $2,500 a month, as opposed to $7,300 a month.  She reiterated she would like to table the item for two weeks until staff has had an opportunity to review some of the listings that were offered to her; and the County Attorney would have some time to go over the contract; but this is a huge amount.  She noted she has been supportive of getting the Supervisor of Elections out of the current building and is afraid the Board is rushing into it; a five-year contract is huge; there are so many business owners right now that are dying for the County's business.  She added, she would like to see if maybe they would come forward if the Board did something like a bid process.  She stated she would like to make a motion that the Board table it just for two weeks so there is an opportunity to see some of the listings; and if they are bad listings, then she is sorry she brought them forward, but she has not had enough time to review all of the real estate that is out there.

 

Chairman Fisher stated he has a motion by Commissioner Infantini.  Motion died for a lack of a second.  He mentioned he has some concerns but they are different than Commissioner Infantini.

 

Ms. Scott stated she appreciates the Board being supportive; she does not presume to get into the money issue, as she know that it rests with the Board; and she will obviously defer to its good judgment with that.  She explained as the Supervisor of Elections, who is currently in warehouse space that is not adequate, and quite honestly, she is uncomfortable with the employees being in it; and it does not have heating anywhere in the facility that stores all of the sensitive equipment.  She pointed out there is no heating in the warehouse where employees were working in this past winter; in a warehouse that was 40 degrees; and that is on top of mold issues and no fire suppression, which is obviously her first and foremost concern.  She stated it may seem rushing on the Boards end because of how it has received it, but she has been working on this for a long time with the County Manager's Office; and with elections coming up she would just appreciate it and strongly urge that the Board move forward as soon as possible.

 

Commissioner Anderson inquired when staff worked with the Supervisor of Elections, did they investigate the buildings at the Dow Road corridor, East Drive and North Drive; he does not know how many buildings are vacant in that area, or how cheap they are being offered, but they are right around the corner from his office.  Ms. Scott responded she has not investigated it; she has been working with County Manager's Office and is not sure what they have investigated or not.

 

Howard Tipton, County Manager, stated at the beginning of this conversation he passed out a compilation of the properties that have been reviewed with the Supervisors of Elections Office; it totals 71 properties; and that is a compilation of all the different properties that have been reviewed.

 

Mr. Whitten stated the Supervisor of Elections space needs are a matter of adequate size in space obviously; she needs loading docks; location is an issue, as she is running beachside to the mainland north and south, and that is a consideration; obviously, the warehouse space has to be air conditioned, or should be air conditioned; and then fire suppression is the last matter.  He added, there are a lot of properties that are on the market, and a lot of properties that would be offered, but staffs review has been in consideration of what it believes Ms. Scott's needs are; and she may want to supplement that.

 

Commissioner Anderson stated his concern is the Dow Road and Ellis Road area; there are a lot of properties that are somewhere between 15,000 and 50,000 square-foot, and he does not see any of those properties on the list, and there is a lot of them.  He added, he does not know if staff has investigated that thoroughly enough.

 

Chairman Fisher asked if a property is not on the list, does that mean staff has not seen them.  Mr. Whitten responded yes, if they are not on the list they have not seen them; staff would be happy to look at anything; Ms. Scott has identified her needs, and hopefully there are properties out there that can meet the needs.

 

Commissioner Infantini stated the list that the Board was presented by the County Manager is all acquisitions; and she did not see where staff had vetted a whole list of properties available for lease at this point in time.  She advised all the properties on the sheet she passed out are all lease arrangements; and like Commissioner Anderson said, many of them are in the Dow corridor.   She noted, recently she has come into contact with a couple of business owners in the Dow corridor, and they told her there is a lot of available space there; and sometimes, even if it does not have a sprinkler system, the savings for one year's lease alone would cover the cost of a sprinkler system.  She pointed out it has very easy access to I-95, and it is pretty much centrally located; she thinks it is a great location; and she does not know why she cannot get a second on the motion.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to table Item VII.B.3., for two weeks, to allow staff time to thoroughly research other available property.

 

Chairman Fisher stated he definitely believes the Board needs to move the Supervisor of Elections out of the current building she is in; but his concern is that her need does not go away.  He added, this is a five-year lease agreement that is going to commit the County $124,000 a year for the next five years, so that is a $600,000 expense; he is going to assume at the end of that five years the County is probably going to renew it for another five; and he thinks it is probably given the lowest rate that it can today.  He went on the say now the County is at $1.2 million and 10 years into this thing; and he really thinks that the Board should be looking at purchasing a piece of property versus leasing; he thinks there are some opportunities out in the market place for purchase, and they could probably find something that fits her needs.  He stated he would rather the Board look along the lines of purchase versus renting, and realizing the Supervisor of Elections needs will never go away; and the County will be buying five years from now, 10 years from now, or 15 years, whenever it is.  He concluded he thinks it is going to be a better situation if the County can look at ownership; and that is where it should be looking in his opinion, and he will not be supporting the motion.

 

Commissioner Anderson inquired if the Board tabled it for two weeks, part of the motion could be for staff to look at purchase options versus lease options, but staff may need more than two weeks.  Chairman Fisher advised he knows the Board needs to get Ms. Scott out of the building, but he thinks the Board needs to get out of there smartly, and his idea is to pull the whole thing and try to purchase something.  Commissioner Anderson stated he would certainly like to see both of those options presented, the lease versus the purchase; and he just wants to see how it looks on paper. 

 

Commissioner Infantini stated she thinks staff should do a cost benefit analysis because there is the lease/purchase option out there, and any financial individual should be able to pull together in the budget department a cost benefit analysis of either leasing it at one rate or purchasing, and the benefits thereof.

 

Ms. Scott stated she defers to the Commission on how this should be done; and she understands that many of Commissioners feel rushed, and that is not ever a good thing when making decisions about taxpayer dollars.  She stressed that it is not just a burning desire, but she, as the Supervisor, does not feel comfortable in the current space; and she does not feel comfortable without having fire sprinklers.  She added, she knows that it has been in the space before her time here and nothing has happened; and that is a wonderful thing, but it would only take one issue there.  She stated whether the Board is going forward with a cost benefit analysis of purchasing compared to leasing, she would just request it do it as soon as possible in order for her staff to have the time needed to move before going into election mode.  She noted the location also needs to be geographically located because there are over 72 miles of polling places. 

 

Commissioner Nelson stated he is on the same line as Chairman Fisher; he thinks that it is a need that is never going to go away, and now would be an appropriate time to take a look because there is a surplus of desirable space out there that the County could find.  He added, the one question he has is a technical question about fire suppression, because water in those machines are good.  Ms. Scott stated it has water now, it is just a leaking roof.  Commissioner Nelson stated he worries about the electronic machines; and if there were ever a need to turn on the sprinkler system, the equipment may be damaged anyway.  He added, he knows that record storage has a different kind of suppression system, so staff needs to look into that, because it may not be the deal breaker; and it may end up being a circumstance where there would be a different type of suppression system.

 

Mr. Tipton suggested covering the machines, whether it is foam or its water; whatever the suppression is, it would have an impact on the machine, so the way to store them would be covered.

 

Chairman Fisher stated his concern is with the $124,000; one could buy a lot of building debt service with $124,000, probably $1.5 million to $2 million building would cover that debt service.  Commissioner Nelson stated he would okay with moving, changing the direction towards the purchase option today, because he thinks that is the viable circumstance at this point in time because it is going to cost the County about the same.  He noted staff could spend a lot of time and energy looking at leasing, and if that is not its real desire then it needs to move in the right direction. 

 

Chairman Fisher stated the Board had a motion on the floor, and inquired if Commissioner Anderson wanted to pull the motion.

 

Commissioner Anderson apologized to Mr. Tipton and Mr. Whitten, because he thinks they felt rushed from his office too; when they came in with the pictures, he thinks it was a Friday, he had to track everybody down; and some of that might have been the separate Commission Offices with a sense of urgency saying go out and find something now.  He stated the direction changed, like everything else on this Board from time to time, so he apologized if he made it sound like staff did not do their due diligence, he knows everybody was rushed.

 

Mr. Whitten advised staff looked at both the properties for sale and the properties for lease; some of the properties were actually both; and staff has been looking, in relation to the Supervisor's needs, with regards to the five or six bullet point criteria.

 

Chairman Fisher stated all due respect to the Supervisor, it might mean that the Board meet four of those five categories, but it does not mean it will meet all five; the Board will move in that direction; and it would be great to meet all five criteria.  He stated the direction of the Board is to purchase something, and try to meet all the needs of the Supervisor of Elections.

 

Commissioners Infantini stated she will withdraw the motion, if the Board is going to reconsider it, that is all she wanted to do; and she did not want to rush into a five-year contract at $120,000 a year.  Chairman Fisher advised Commissioner Infantini withdrew her motion; and he will entertain another motion this time.

 

The Board directed staff to work with Lori Scott, Supervisor of Elections to identify a site suitable for purchase, for the Supervisor of Elections Support Center

 

 

Mr. Tipton stated he did want to add on to that point because the County is obviously in the facility business all over the place; the Tax Collector has identified that the Sarno location is becoming almost unmanageable for her; the addition of the Drivers License responsibilities has created wait times that are over two hours in certain circumstances; and it is becoming unworkable.  He noted, it was not anything that was part of the original plan or workload of the office, but as the State has devolved that responsibility to the local level, what staff is finding is the requirements are changing for their staff, and for their capacity.  He advised staff is working with Ms. Cullen's office; and he wanted to make that Board aware of that need also.

 

Commissioner Nelson stated he has the same problem with the Merritt Island facility; and he really commends Ms. Cullen for because the State raised her rent.  He added, for doing the good deed, it actually cost her additional money, and as staff is looking at sites. 

 

 

 

 

County Attorney Scott Knox explained to the Board that Commissioner Bolin asked him to look into possibility of terminating the license agreement that the County has with the Florida East Coast Railway (FEC) on the Pineda Causeway, primarily because the license agreement contemplates the County trying to negotiate a contract with the Florida Department of Transportation (FDEP) that would require the installation of a flyover, over the railroad track, at a cost between $26 and $27 million; an investigation was done and an evaluation of the license agreement was done, and it does provide for termination by the County as long as it provides 60 days notice to the FEC; he has also founds issues not only with that licensing agreement, but with 30 or 40 others with the FEC Railway for various crossing up and down the County; and the County not only pays a license fee, it also pays the cost of maintenance for those locations, including the replacement of facilities as they come due.  He added, with this particular license, the County had to pay some $443,000 to put in the public safety facilities that FEC requires, so each occasion these facilities are changed out, it is a real expensive proposition for the County; and it may be something the Board may want to keep in mind if it goes forward with the termination of the Pineda license. 

 

Commissioner Bolin stated the $26 or $27 million flyover is not a necessary item in her opinion; and it is not a good use of taxpayers’ money.

 

Chairman Fisher inquired if the Board terminates the license agreement does it give the County any rights to the railroad crossing.  Attorney Knox advised if the Board terminates the agreement, it does not have any legal right to be there any longer; FEC is not going to be happy about terminating the license agreement since it is sort of a sweetheart deal for it right now; and it would probably insist that the County remove its improvements and facilities at that location, which leaves the option of going to an eminent domain condemnation of an easement.  He went on to say the rules that the Florida Supreme Court laid down in this circumstance is if the County acquires an easement by eminent domain, it is no longer responsible for paying the cost of replacement and maintenance of the intersection; and the County is paying right now $1.2 million a year for that.  He added staff looked at the cost of that easement with an appraiser, and he estimated around $70,000.

 

Chairman Fisher advised he has seen FEC work in a couple of situations where it is pretty proud of its property and restrictions; he has seen the FEC tow things that was not really in the railways way; and inquired could FEC stop crossing at some location or anything that might affect the citizens.  Attorney Knox explained it would be a test case; FEC could end up taking the easement; it cannot prevent people from crossing it anymore than it can now; and the same situation would exist after the fact, but FEC would be responsible for maintaining those facilities instead of the County.  Chairman Fisher inquired if FEC could just leave the rails down because the County had no license; with Attorney Knox responding no.

 

Commissioner Bolin inquired if the Pineda Extension is going to be an evacuation route.  Attorney Knox advised it is a pretty significant component of why that was put in to begin with; and it is going to connect to U.S. I92 as well.

 

Chairman Fisher inquired with TPO arranging bike trails up and down the old railway, is there anything in there that the County should have dialogue or conversation with FEC in reference to that.  Public Works Director John Denninghoff advised with respect to Pineda, there is not any trail that is associated with that; there is an effort to try to make the Pineda Causeway a facility that would allow bicyclist's to travel on Pineda east of this location; currently east of it is prohibited, it is limited access to the west, which is the County's portion of Pineda; and bicyclist's can travel on it.  He went on to add that is the only direct connection he knows of along those lines.   

 

The Board approved sending Florida East Coast (FEC) Railway notice of the Board's intent to consider termination of the License Agreement for Pineda Extension at-grade railroad crossing at the 2011 regular meeting.

 

 

 

 

Scott Knox, County Attorney, stated the item is simply a request to convert his $400 per month car allowance into a car as an alternative.  He advised he had a car through 2007, but in 2007 he had some teenagers who decided they wanted cars, and so he asked for a conversion to the $400 a month; and now the two teenagers out of the house and their off on their own; and he would like to go back to the car at this point.

 

Chairman Fisher inquired if that is subject to the County having a vehicle available.  Attorney Know responded that is correct.

 

Commissioner Infantini stated it would appear based on the calculations if Attorney Knox only needs the car for only 7,500 miles per year, which includes his commuting miles, that reduces it from 7,500 down to 5,400 miles.  She added, the Board does not really want to get into the habit of giving out cars for every person who puts 5,400 business miles; and she thinks this is a good time to correct or revise his contract from $400 a month to $200 a month, which appears to be what he is actually spending for business mileage, because at $200 a month it would cover the cost of the total $2,700 spending or reimbursing him.   She stated she would like to make a motion that rather than giving him and switching back to the car, cutting back his allowance from $400 a month to $200 a month based on his actual consumption of business miles, because she thinks everybody is aware of where the Board needs to cut and pinch pennies.  She expressed she is not in favor of giving out a car for every individual that puts 5,400 business miles on; each Commissioner would have a car at that point; and so her motion is to cut Attorney Knox's allowance from $400 a month to $200 a month to cover his costs, or he could switch to a reimbursement plan, which is what the five Commissioners and their staffs have. 

 

Commissioner Anderson pointed out the Board would have to negotiate a contract; and the Board cannot do that here, right now.  Commissioner Infantini inquired how it would change the contract.  Commissioner Anderson reiterated the Board cannot negotiate the contract right now; and there are stipulations of how to negotiation a contract.  Commissioner Infantini stated the Board is renegotiating it now by giving him a car instead of $400.  Commissioner Anderson noted that is in his contract; it is either $400, or a car, either or.  Commissioner Infantini recommended that the Board renegotiate and ask if he would be willing to accept a change knowing that the County is facing such difficult times; and stated the Board is already reimbursing him in excess of what he is actually using the company car for.

 

Motion by Commissioner Infantini to allow $200 per month to the County Attorney for a car allowance.  Motion died for lack of a second. 

 

The Board approved the Amendment to the County Attorney's Contract by authorizing the use of a County car as an alternative to a car allowance. 

 

 

.

Upon motion and vote, the meeting was adjourned at 11:43 a.m.

 

 

 

ATTEST:                                                                                                                                

                                                                          ROBIN L. FISHER, CHAIRMAN

                                                                          BOARD OF COUNTY COMMISSIONERS

                                    _______                      BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK