October 18, 2011 Regular
Oct 18 2011
CALL TO ORDER
Title
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Status
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Arrived
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Robin Fisher
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Chairman / Commissioner District 1
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Present
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Chuck Nelson
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Commissioner District 2
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Present
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Trudie Infantini
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Commissioner District 3
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Present
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Mary Bolin
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Commissioner District 4
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Present
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Andy Anderson
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Vice Chairman / Commissioner District 5
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Present
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PLEDGE OF ALLEGIANCE
Commissioner Andy Anderson led the assembly in the Pledge of Allegiance.
INVOCATION
The invocation was given by Reverend Karl Bergin, Our Lady Lourdes Church, Melbourne.
ITEM I.A., RESOLUTIONS, RE: BREVARD BUSINESS LEADERSHIP NETWORK, RECOGNIZING HARRIS CORPORATION, CROWNE PLAZA MELBOURNE OCEANFRONT, AND KINDRED HEALTHCARE
Commissioner Anderson read aloud a resolution recognizing Brevard Business Network, and honoring Harris Corporation, Crowne Plaza Melbourne Oceanfront, and Kindred Healthcare.
The Board adopted Resolution Nos. 11-240, 11-241, and 11-242, recognizing Brevard Business Leadership Network, and honoring Harris Corporation, Crowne Plaza Melbourne Oceanfront, and Kindred Healthcare, for their partnership with Brevard BLN and their leadership in recognizing potential of individuals with disabilities.
Employees from Harris Corporation, Crowne Plaza Melbourne Oceanfront, and Kindred Healthcare stated their thanks to the employers.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM I.B., RESOLUTION, RE: URGING BREVARD COUNTY RETAILERS OF TOBACCO PRODUCTS TO REDUCE EXPOSURE AND USE OF TOBACCO PRODUCTS TO BREVARD COUNTY YOUTH
Commissioner Nelson read aloud a resolution urging Brevard County retailers of tobacco products to reduce exposure and use of tobacco products to Brevard County youth.
Dr. Kristi Van Sickle, Vice Chair of Brevard Tobacco Initiative Partnership, stated the youth is so important to the partnership; and introduced the Students Working Against Tobacco (SWAT) club: Rachel Keller, Quantez Smith, and Sarah Soliven. The SWAT club gave a presentation of the importance of their cause.
The Board adopted Resolution No. 11-243, urging Brevard County retailers of tobacco products where youth have access to their store or products to cease the sale and marketing of all flavored tobacco products in order to reduce the exposure and use of tobacco products to Brevard County youth.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM I.C., RESOLUTION, RE: PROCLAIMING OCTOBER 29 - NOVEMBER 6, 2011, AS THE WEEK OF THE FAMILY IN BREVARD
Chairman Fisher read aloud a resolution proclaiming October 29 - November 6, 2011, as the Week of the Family in Brevard.
The Board adopted Resolution No. 11-244, proclaiming October 29 - November 6, 2011 as the Week of the Family in Brevard County; and urged residents to spend quality time with family members to strengthen relationships between parents and their children.
Jamie D. Humphreys, The Church of Jesus Christ of Latter-day Saints, stated there is a whole group united in the effort for Week of the Family, which are Ladies Auxiliary of Foreign Wars, Southeastern Guide Dogs, Wai Li Chinese Cuisine, the Moving Tribute, which is the wall honoring the veterans of Afghanistan, Brevard Interfaith Coalition, and the Diamond School. He added, everyone is united in their belief that by working together to strengthen families it also strengthens the Country; it accomplishes things like protecting children from drugs and alcohol; and also builds a nation of hope and opportunity for all.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM II.A., REPORT, RE: STORM EVENT
Howard Tipton, County Manager, reminded the Board of the press coverage as it gets ready for another storm event with unknown impacts to Brevard; and advised there are sandbags available at three locations that have historically been flood-prone. He stated the locations are North Merritt Island at Mitchell Ellington Park; in West Cocoa at the Sheriff's Farm; and Park and Ride in West Eau Gallie. He stated the bags will be filled for residents who desire to have them; and the limit is typically 10, but the County will give more if needed. He added the St. Johns River is up and anything that flows west towards the St. Johns is going to be a little slower to drain; and he is asking everyone to keep their eye on the weather.
ITEM II.C., REPORT, RE: VETERANS MEMORIAL STORMWATER PARK
Commissioner Nelson stated the first phase of the Veterans park stormwater project is underway, which is going to allow major redevelopment of that SR 520 corridor in and around the mall. He added six miles of road has been resurfaced on Tropical Trail; and expressed thanks to Road and Bridge for all their effort.
ITEM II.D., REPORT, RE: BREAKFAST WITH GOVERNOR RICK SCOTT
Commissioner Infantini announced the Commissioners had the opportunity to have breakfast with the Governor; she was able to let him know how much his efforts are appreciated to reduce the size and scope of the St. Johns River Water Management District; and stated he expressed willingness to work with Brevard County to help reduce duplicate regulations that are already overseen by the State of Florida.
ITEM II.E., REPORT, RE: VIERA UPDATES
Commissioner Bolin stated Viera had the celebration of Fire Station 80 being open after its renovation; and the new Publix shopping center is moving forward nicely.
ITEM II.G., REPORT, RE: TIGER III EAST CENTRAL FLORIDA REGIONAL RAIL TRAIL MISSING LINK
Chairman Fisher asked if the Board would consider approving a letter supporting Tiger III East Central Florida Regional Rail Trail Missing Link application.
The Board authorized the Chairman to sign a letter of support for Tiger III East Central Florida Regional Rail Trail Missing Link application.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM II.G., REPORT, RE: BLUE LIGHTS ON A. MAX BREWER BRIDGE
Chairman Fisher stated six-months ago at a Transportation Planning and Organization (TPO) meeting, he made reference to FDOT about lights on the new A. Max Brewer Bridge, to consider putting blue lights under it to help spruce it up, and FDOT is willing to do that; FDOT was waiting on the contractor to finish up; and he is verifying with all the Commissioners that it is okay to proceed with the blue lights.
Commissioner Bolin inquired how to apply for the money through FDOT to pay for it. Chairman Fisher responded there are funds leftover from the actual bridge project.
Commissioner Infantini inquired if it is would be taking away from some other project, and if there is any other bridge that has more visibility to passersby who may receive a larger benefit; and stated she does not think it is appropriate to just spend the money. Chairman Fisher responded he is not sure it will be done to just any bridge; and the lights are only being installed at the A. Max Brewer Bridge because there are some funds there.
Commissioner Anderson stated it was part of the construction funding earmarked for that project and it will only changing the color of the lights. Chairman Fisher stated that is correct, the lights are already there, but blue bulbs will be installed.
Commissioner Infantini inquired if it is only changing bulbs from white to blue. Chairman Fisher stated the fixtures are already there; and he just needed clarification that blue is fine with everyone. Commissioner Infantini stated she is fine with blue.
ITEM II.G., REPORT, RE: UPDATE ON DISTRICT 1
Chairman Fisher stated Greater Titusville Renaissance is changing North Brevard; in early 2011 it became apparent that there was the need, as neighbors, to help improve the community; and a group of interested citizens met in the District 1 Commission Office to discuss how they could affect a positive change in North Brevard. He added, an alliance was formed between the City of Titusville and the District 1 Commission Office to facilitate action; and general meetings were held with over 100 citizens in attendance at each meeting. He went on to explain chairmen were selected and committees selected, which are Corridor Beautification, Miracle City Mall & Retail, Arts, Culture & Downtown, Advertising & Communications, New Business Development, and Grants & Funding; and there is a website to go to for more information, www.greatertitusville.com. He stated one of the biggest challenges for them is Miracle City Mall, as it has one tenant, which is JCPenney. He mentioned he attended the International Conference of Shopping Malls looking for someone who would be interested in investing in Miracle City Mall, and found two people who are interested. He stated he is meeting with JCPenny Corporation, which needs to be one of the major tenants in the development; Parrish Medical Center contributed $25,000 to the Greater Titusville Renaissance for use towards deposit on the parcel; and it is under contract with the Space Coast Economic Development Commission as a buyer. He noted, if all goes as planned it will be about a $45 to $50 million renovation, and create a lot of jobs; and he has meet with the CEO of Darden Restaurants to try to bring restaurants to North Brevard. He thanked the Commissioners who supported the idea of the North Brevard Economic Development Zone. He stated the City of Titusville has approved its Economic Development Zone and is moving forward with the final steps; a Board of Directors will be put together, and if the Board does not have any objections, he will bring a list of recommendations of possible board members for consideration. He added, he met with Lynda Weatherman, Economic Development Commission (EDC), and asked her to put a draft plan together on what an Economic Development plan should look like, because ultimately the Board that gets appointed would approve the plan. He talked about Field of Dreams update; stated he met with Jim Taft and others regarding the Field of Dreams, and they are looking at hiring professional help to assist them in getting off of the ground with raising some dollars; and he was instrumental in helping put that partnership together. He went on to say Field of Dreams met with Jeff Strine, and Jim Swann; and Jim Swann and the Eckerd Foundation committed a $25,000 donation, along with City of West Melbourne who committed $50,000 to help fund the campaign for the Field of Dreams Sports Park. He stated Carol Craig has agreed to chair the governance committee; Renee Valletutti is the Secretary; and Milo Zonka agreed to chair the Park Development Committee, but is not on the board. He announced November 30, 2011, is the first fundraising benefit. He reported on Professional Aircraft Accessories (PAA); in January 2011, with need to expand beyond their existing leased location, PAA looked to relocate outside of the County taking not only 50 new jobs, but eliminating 150 current jobs; on January 24, 2011 PAA negotiated expansion of the current location with the property owner; and on February 8, 2011, PAA recommended that the City of Titusville and Brevard County each contribute $125,000 over 10 years as an incentive package. He discussed the current status of "50-50 Plan", which completed repaving 45.26 miles of the 100 road miles identified as being in need of repaving; it equates to 156 individual roads; 41 percent of $10 million allotted has been expended; stated this represents 47 percent of the roads identified; and expressed appreciation to the Board for its support in funding the initiative, and especially to John Denninghoff and his entire staff for managing the execution of the projects. He concluded with the announcement of Open Door Day, November 5, 2011, in Historic Downtown Titusville; and stated the event was created with the intention of welcoming the community to get reacquainted with the downtown area and stimulate foot traffic.
ITEMS REMOVED FROM CONSENT AGENDA
The Board pulled Items III.A.1., Resolution, Re: Establishing a Fee for Owner-Requested Euthanasia at Brevard County Animal Shelters; Item III.A.2., Resolution, Re: Establishing a Fee for Voluntary Owner Surrenders of Animals to Brevard County Animal Shelthers; Item III.A.12., Acceptance, Re: Two Sidewalk Easements from Suntree Master Homeowners Association, Inc. and Suntree Country (Golf) Club, Inc.; Item III.A.16., Approval, Re: Tourist Development Council (TDC) FY 2011-12 Advertising Media Plan and Purchase Orders to Media Plan and Purchase Orders to Media Vendors for Ad Placement, Production and Promotion Costs Over $100,000; and Item III.C.2., Approval, Re: At Large Appointments/Reappointments, for discussion.
Howard Tipton, County Manager, removed Item III.A.7., Approval of Policy Revisions, Re: BCC-77, Vacating Public Access to Waterfront Property, and BCC-81, Vacating County Roads, Rights-of-Way, and Easements, from Consent Agenda, to come back before the Board at a later date.
ITEM III.A.3., MODIFICATION TO SUBGRANT AGREEMENT WITH DEPARTMENT OF EMERGENCY MANAGEMENT, RE: TIME EXTENSION FOR COX ROAD DRAINAGE IMPROVEMENTS, HAZARD MITIGATION GRANT PROGRAM
The Board executed Subgrant Agreement with State of Florida, Division of Emergency Management (DEM) for time extension for Hazard Mitigation Grant Contract Number 11HM-3E-06-15-01-019, Cox Road Drainage Improvement Project.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.4., RESCISSION OF RESOLUTION NO. 11-032, RE: RELEASING THE WETLANDS WORKING GROUP FROM OBLIGATIONS AND THE SUNSHINE LAW PROVISIONS OUTLINED THEREIN
The Board rescinded Resolution No. 11-032, thereby releasing the Wetlands Working Group from their obligations and the Sunshine Law provisions outlined therein.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.5., RESOLUTION, RE: FEE SCHEDULE CLARIFICATION TO INCLUDE PREPARATION OF DEVELOPMENT STUDIES AND DOCUMENTS
The Board adopted Resolution No. 11-245, clarifying the Planning and Development Department Fee Schedule to include the preparation of development studies and regulations.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.6., APPROVAL, RE: PERMISSION TO APPLY TO THE TIGER III GRANT PROGRAM FOR THE ST. JOHNS HERITAGE PARKWAY CONSTRUCTION FUNDING
The Board approved application to the Tiger III Grant Program for St. Johns Heritage Parkway construction funding in the amount of $22,000,000.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.8., PERMISSION TO ADVERTISE, APPOINT A SELECTION COMMITTEE, AND AUTHORIZATION FOR CHAIRMAN TO EXECUTE AGREEMENT, RE: CONTINUING APPRAISAL AND REVIEW APPRAISAL SERVICES
The Board granted permission to advertise for continuing appraisal and review appraisal services; appointed consultant selection committee consisting of Public Works Director, John Denninghoff; County Manager, Howard Tipton; and Land Acquisition Supervisor Holly Pardi, or designees; appointed negotiation committee consisting of Public Works Director, John Denninghoff; County Manager, Howard Tipton; and Public Works Department Support Services Manager, Harriet Raymond, or designees; authorized the Chairman to execute the Professional Service Agreements with appraisal firms; and authorized the County Manager or designee to execute renewal options as outlined in the Agreements.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.9., RIGHT OF ENTRY AGREEMENT, RE: CONSTRUCTION OF ADA IMPROVEMENTS IN CONJUNCTION WITH FDOT FOR INTERCOASTAL WATERWAYS PARK
The Board executed Right of Entry Agreement with Florida Department of Transportation (FDOT) for construction of ADA improvements along with other related activities for Parks maintained property located off of SR 520 and the Intercoastal Waterway (ICW) in Merritt Island.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.10., INTERLOCAL AGREEMENT WITH CITY OF COCOA, RE: FORTENBERRY ROAD AND PLUMOSA AVENUE INTERSECTION IMPROVEMENT PROJECT
The Board executed an Interlocal Agreement with City of Cocoa for the design and construction for the relocation of their utilities, in conjunction with the Fortenberry Road and Plumosa Avenue Intersection Improvement Project; and approved all Budget Change Requests needed for the Project.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.11., RESOLUTION OF NECESSITY, RE: ACQUISITION OF PARCELS FOR BARNES BOULEVARD WIDENING PROJECT - FISKE TO MURRELL
The Board adopted Resolution of Necessity No. 11-246, for Barnes Boulevard Widening Project from Fiske Boulevard to Murrell Road; and directed staff and the County Attorney's Office to proceed with this action in accordance with the statutory requirements set forth in Chapter 73 and 74 Florida Statutes applicable to "quick-take" proceedings.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.13., ACCEPTANCE OF SIDEWALK AND DRAINAGE EASEMENT FROM WICKHAM COMMERCIAL, LLC, RE: CONSTRUCTION OF SIDEWALK AND DRAINAGE IMPROVEMENTS ADJACENT TO RIGHT-OF-WAY FOR (COUNTY MAINTAINED) WICKHAM ROAD
The Board approved and accepted a Sidewalk and Drainage Easement from Wickham Commercial, LLC for the proposed drainage improvements and sidewalk associated with the construction of Parkway Apartments/Wickham Roadway Improvements (10RW-00720) located in the southeast quadrant of Wickham Road and Parkway Drive in Melbourne.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.14., PERMISSION TO QUOTE MATERIALS AND SERVICES, RE: ROAD AND BRIDGE CONSTRUCTION PROJECTS - COUNTYWIDE
The Board authorized staff to utilize written quotations to acquire construction materials or services on a job-by-job basis; and authorized the County Manager, or designee, to award to the lowest responsive quotation through September 30, 2012, for materials and services on annual bid that contracted vendors are not able to provide during this time, or when market conditions prohibit formal bidding.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.15., ACCEPTANCE, RE: CONVEYANCE SPECIAL WARRANTY DEED FROM THE VIERA COMPANY, AND CONVEYANCE OF EASEMENT FROM THE VIERA COMPANY AND JP MORGAN CHASE BANK, FOR PURPOSES OF A LIFT STATION AND SANITARY SEWER
The Board accepted Special Warranty Deed from The Viera Company for the purpose of a lift station along with the associated sanitary sewer line easement from The Viera Company and JP Morgan Chase Bank, N.A. as required to serve the proposed Publix Grocery and additional retail space located at the NW corner of Stadium Parkway and Viera Boulevard.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.17., APPROVAL OF MONTH-TO-MONTH CONTRACT RENEWAL UP TO ONE YEAR, RE: INTERNET SITE DESIGN, MANAGEMENT, AND MAINTENANCE WITH COMMUNICATIONS CONCEPTS, INC. (CCI) AND $100 INCREASE IN MONTHLY RETAINER FEE
The Board approved a month-to-month contract renewal up to one year with Communications Concepts, Inc. for the www.visitSpaceCoast.com internet site design, management, and maintenance, and increase their monthly service fee by $100 per month to $2,100 per month.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.1., APPROVAL, RE: BUDGET CHANGE REQUESTS
The Board approved the Budget Change Requests as submitted.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.2., ACKNOWLEDGEMENT, RE: RECEIPT OF FY 2011-2012 MEETING SCHEDULE FOR THE WILLOW CREEK COMMUNITY DEVELOPMENT DISTRICT
The Board acknowledged receipt of the FY 2011-2012 meeting schedule for the Willow Creek Community Development District.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.3., ACKNOWLEDGEMENT, RE: RECEIPT OF BY 2012 ADOPTED BUDGET FOR CANAVERAL PORT AUTHORITY
The Board acknowledged receipt of FY 2012 adopted budget for Canaveral Port Authority.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.4., ACKNOWLEDGEMENT, RE: RECEIPT OF FY 2011-2012 MEETING SCHEDULE FOR THE VIERA EAST COMMUNITY DEVELOPMENT DISTRICT
The Board acknowledged receipt of the FY 2011-2012 meeting schedule for the Viera East Community Development District.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.5., ACKNOWLEDGEMENT, RE: RECEIPT OF FY 2011-2012 MEETING SCHEDULE FOR THE BAYTREE COMMUNITY DEVELOPMENT DISTRICT
The Board acknowledged receipt of the FY 2011-2012 meeting schedule for the Baytree Community Development District.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.6., ACKNOWLEDGEMENT, RE: RECEIPT OF FY 2011-2012 MEETING SCHEDULE FOR THE HERITAGE ISLE AT VIERA COMMUNITY DEVELOPMENT DISTRICT
The Board acknowledged receipt of the FY 2011-2012 meeting schedule for the Heritage Isle at Viera Community Development District.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.7., ACKNOWLEDGEMENT, RE: RECEIPT OF RESOLUTION ESTABLISHING MILLAGE RATE FOR NORTH BREVARD HOSPITAL DISTRICT FOR FY 2012
The Board acknowledged receipt of the Resolution establishing the millage rate for the North Brevard Hospital District for FY 2012.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.8., APPROVAL, RE: AMENDED LOCAL OPTION GAS TAX PERCENTAGE ALLOCATIONS
The Board certified the amended Local Option Gas Tax (LOGT) revenue percentage allocation, and authorized the Clerk's Finance Department to submit the amended allocations to the Florida Department of Revenue (DOR).
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.9., APPROVAL, RE: POLICY BCC-88, USE OF AND COLOR SCHEME OF COUNTY SEAL
The Board approved Policy BCC-88 for the Use of and Color Scheme of the County Seal.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.10., APPROVAL, RE: FY 2011-2012 COMMUNITY ACTION BOARD RECOMMENDATIONS FOR COMMUNITY-BASED ORGANIZATIONS (CBO) FUNDING
The Board approved recommendations of the Community Action Board (CAB) to provide $510,200 in funding to ten (10) Community-Based Organizations (CBO), and authorized the Chairman or County Manager, or designee to execute agreements, upon review and approval by the County Attorney and Risk Management; authorized the Chairman or County Manager, or designee, to execute modifications and amendments upon review and approval of the County Attorney and Risk Management.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.11., RESOLUTION AND AGREEMENT WITH STATE OF FLORIDA DEPARTMENT OF HEALTH, RE: OPERATION OF BREVARD COUNTY HEALTH DEPARTMENT FOR FY 2011-2012
The Board adopted Resolution No. 11-247, establishing certain fees and charges for Brevard County Health Department and Health and Environmental Services; approved the annual Agreement with the State of Florida, Department of Health for operation of the Brevard County Health Department for FY 2011-2012; and authorized the Chairman to execute any future amendments or agreements contingent upon approval of Risk Management and the County Attorney.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.12., APPROVAL, RE: DESIGNATION OF INTERIOR PASSAGEWAY IN MCLARTY PARK AS “ORVILLE SUSONG CIRCLE”
The Board approved designating the interior passageway in McLarty Park as "Orville Susong Circle".
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.B.13., RESOLUTION, AGREEMENT, GRANT APPLICATION, AND USE OF TOLL REVENUE CREDITS, RE: FY 2013 SPACE COAST AREA TRANSIT CAPITAL AND OPERATING ASSISTANCE GRANT FROM FEDERAL TRANSIT ADMINISTRATION
The Board adopted Resolution No. 11-248, and approved the Grant Application and use of Florida Department of Transportation (FDOT) Toll Revenue Credit for the FY 2013 Urbanized Area Formula Program, Public Transportation Capital and Operating Assistance Grant from the Federal Transit Administration (FTA) in the amount of $5,772,000 for Space Coast Area Transit (SCAT); executed the Designation of Signature Authority allowing staff to submit this application electronically; authorized the Transit Services Director to execute and submit the Grant Agreement electronically contingent upon County Attorney and Risk Management approvals; and authorized the Transit Services Director to execute any additional follow-up documentation/resolutions and amendments necessary to secure these funds.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.C.3., APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS
The Board acknowledged the reappointment by Commissioner Robin Fisher, of Laurilee Thompson to the Tourist Development Council, with term expiring October 18, 2015.
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., APPROVAL, RE: BILLFOLDER
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
ITEM III.A.1., RESOLUTION, RE: ESTABLISHING A FEE FOR OWNER-REQUESTED EUTHANASIA AT BREVARD COUNTY ANIMAL SHELTERS
Katherine McCoy stated she runs a small humane society called People Underwriting the Rescue and Rehab of Strays (PURRS); she is addressing the proposed fees for owner-requested euthanasia at the two County shelters; PURRS is responsible for spaying/neutering hundreds of animals every year; she has been pivotal in reducing the numbers of pet overpopulation; and she is also providing emergency veterinarian care of dogs and cats for low income caregivers. She stated relinquishing pets may seems like a good idea; but people should not be able to dump their animals at the County's expense; stated there is a study of the County shelters currently being done by an outside party, which recommends that reducing the number of animals handled would be beneficial; but before asking for money and refusing animals, similar situations in the human world should be looked into. She stated she feels everyone agrees that anyone who abandons a newborn child to die, should be punished; for years the laws on the books show people were punished for abandoning newborns; but what folks discovered was that even with fines and punishment, desperate people are still leaving their newborns in the trash and public toilets, and many are not found in time. She stressed it is a preventable tragedy with a terrible price paid by the helpless innocents; stated a paradigm shift came about, and enlightened and compassionate people decided the welfare of the helpless innocents was more important than punishing the caregiver; it is now a well-accepted practice to have safe-havens; and anyone may leave one of those helpless innocents at fire stations or hospitals with no questions asked, and many, many lives are being saved because of that policy. She mentioned unwanted and dying animals are helpless innocents too; denying them a refuge at a safe-haven, in hopes of teaching their owners a lesson, or extracting one last fine can only lead to misery born by those least able to defend themselves, the animals; and shelters should remain shelters. She stated she has worked with hundreds of pet owners; she can tell the Board that after three years of the recession, many decent caregivers are at their ragged-end and cannot afford the $75 to euthanize their animals at a full-price veterinarian, or afford to keep their beloved pet, which may cost him or her $500 a year to maintain properly; and he or she are at the counters of the shelters in desperation financially wanting to do what is right for their furry family members. She stated hitting those folks with a fee is only going to cause more grief and suffering; it will not generate much income; and she does not want the fees to be imposed for surrendered or owner-requested euthanasia, and she wants the Board to remember the lesson in safe-havens for innocents, and continue keeping shelters truly refuges of last resort. She went on to say if the Board really wants to reduce the number of animals flooding the shelters, it needs to get serious about underwriting low-cost or no-cost spay/neuter like PURRS provides at one-half or one-third the price the County currently is paying; stated the Board should be proactive, not reactive to the current pet overpopulation crisis in Brevard County; and shelters should be kept as the last safety net for needy animals, as was their intended purpose.
The Board denied the request to establish a fee to partially off-set the costs incurred for owner-requested euthanasia by the County's animal shelters.
Commissioner Nelson stated he does not believe charging people to do the right thing is going to work in the long run; he has concerns about fees at this point in time; and he is not ready for the change with this issue and he will not be supporting it.
RESULT: ADOPTED [4 TO 1]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Robin Fisher, Chuck Nelson, Trudie Infantini, Mary Bolin
NAYS: Andy Anderson
ITEM III.A.12., ACCEPTANCE, RE: TWO SIDEWALK EASEMENTS FROM SUNTREE MASTER HOMEOWNERS ASSOCIATION, INC. AND SUNTREE COUNTRY (GOLF) CLUB, INC.
John Denninghoff, Public Works Director, stated there are a number of sidewalks throughout the Suntree community; in this particular case the sidewalks are located outside of the road right-of-way, they are inside a tract that is owned by Suntree Master Homeowners Association, Inc.; and the homeowners association asked that the County assume the formal maintenance responsibility for those sidewalks. He explained the mowing and edging is done in the Suntree community, but in this case, the sidewalk itself is located outside of an easement on their property; the homeowners association wants to put it inside an easement so that it would actually be owned by Brevard County; and that way it can be like all of the rest of the sidewalks in Suntree.
Commissioner Infantini inquired if there are any other sidewalks such as this in other homeowners associations, where it falls outside of the roadway easement. Mr. Denninghoff responded the only places he knows of sidewalks being built on private property is a commercial facility that has sidewalk that runs next to building, which is not in a public easement; but those sidewalks are associated with the actual business, as opposed to the public out by the road. Commissioner Infantini inquired if there will be any other homeowners associations approaching the Board asking to annex their sidewalk into County owned facilities; she knows that in the past the County has taken care of the lighting in many homeowners associations; and she is just making sure there are not other associations that would also like the County to maintain their sidewalks because it is currently their jurisdiction. Mr. Denninghoff responded the only ones he can think of are on private streets; and he is unaware of one that would be comparable.
The Board accepted two sidewalk easements from Suntree Master Homeowners Association, Inc. and Suntree Country Club, Inc.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM III.A.16., APPROVAL, RE: TOURIST DEVELOPMENT COUNCIL (TDC) FY 2011-12 ADVERTISING MEDIA PLAN AND PURCHASE ORDERS TO MEDIA PLAN AND PURCHASE ORDERS TO MEDIA VENDORS FOR AD PLACEMENT, PRODUCTION AND PROMOTION COSTS OVER $100,000
Commissioner Infantini stated the item is allows the Tourist Development Council (TDC) to be able to vote on spending items in excess of $100,000; right now, items in excess of $100,000 are supposed to come back to the Board for approval; she would like to keep it at the $100,000; and she does not want it to exceed $100,000.
Rob Varley, Tourist Development Director, stated the media plan that is attached to the agenda item is only for billboard contracts; an example would be last year, the contract was negotiated in June, and good locations of billboards would have been lost if the TDC had to wait for a Commission meeting in July; and it is done being done so specific opportunities are not lost.
Commissioner Nelson stated sometimes urgency and availability are critical; he feels a great job is done managing dollars; it ultimately gets reviewed by the County Manager; and he is confident and recommends it.
The Board approved the proposed FY 2011/2012 advertising media plan; authorized Rob Varley, Tourist Development Director and the County Manager or designee to negotiate advertising rates and execute agreements with the vendors; and approved for staff to execute purchase orders to media vendors for ad placement, production, and promotion costs over $100,000 as recommended by the County Manager.
RESULT: ADOPTED [4 TO 1]
MOVER: Robin Fisher, Chairman / Commissioner District 1
SECONDER: Mary Bolin, Commissioner District 4
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
ITEM III.C.2., APPROVAL, RE: AT LARGE APPOINTMENTS/REAPPOINTMENTS
Howard Tipton, County Manager, stated the Board makes appointments both by district and as a body; this is an at-large appointment by the Board for an existing vacancy in the Internal Audit Committee; and there are two choices for the Board to decide, either Peter Fusscas or Roberta Stoner.
Commissioner Infantini inquired who is appointed to the Internal Audit Committee right now. Mr. Tipton responded the Board just appointed Mark Cherry at the last meeting.
Stockton Whitten, Assistant County Manager, advised there are Sam Lenck, Mary Louise Young, John Walter, and Jim Strickland.
Commissioner Infantini stated she thought the Board increased the Internal Audit Committee to seven members. Mr. Whitten stated the Board decreased it to five on May 24, 2011.
Commissioner Anderson inquired if staff can tell the Board why it did that, because he does not remember. Mr. Whitten responded so there is a quorum.
Commissioner Bolin suggested Roberta Stoner; stated she has 25 years experience in accounting, auditing, and financial reporting; she is currently the vice president of finance for the last nine years at her place of employment; she is highly qualified; and she meets all requirements.
The Board appointed/reappointed Roberta Stoner to the Internal Audit Committee, with term expiring October 18, 2012.
Commissioner Infantini stated nobody actually cared who was added to Internal Audit Committee; she placed this item on the Agenda Friday, within the deadline time frame; beyond the deadline time frame for submitting items to the Agenda, this was added; and she is amazed the two Commissioners suddenly had an incredible interest in the placement of somebody on the Internal Audit Committee. She went on to say Mr. Fusscas has proven his worth to the County; he is extremely articulate; he was on Commissioner Bolin's cabinet when she did the industry review; and she feels he would be an excellent addition.
Commissioner Bolin stated she is taking full-credit for it being tardy and not being submitted before the deadline time frame; she did not say anything to the others Commissioners, but she has been in and out of the hospital with her mother; and she has been unavailable to fulfill some of her timely duties and did so as quickly as her time restraints allowed.
RESULT: ADOPTED [3 TO 2]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Robin Fisher, Chuck Nelson, Mary Bolin
NAYS: Trudie Infantini, Andy Anderson
ITEM III.A.2., RESOLUTION, RE: ESTABLISHING A FEE FOR VOLUNTARY OWNER SURRENDERS OF ANIMALS TO BREVARD COUNTY ANIMAL SHELTERS
The Board denied the request to establish a fee to partially offset the costs incurred for the care of animals that are surrendered to the County's animal shelters by their owners.
RESULT: ADOPTED [4 TO 1]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Robin Fisher, Chuck Nelson, Trudie Infantini, Mary Bolin
NAYS: Andy Anderson
ITEM VI.A., DISCUSSION, RE: SITE SELECTION FOR SUPERVISOR OF ELECTIONS SUPPORT CENTER
Assistant County Manager, Stockton Whitten, stated there are four options regarding the item; Option 1: Purchase of properties for sale on Sarno Road or John Rodes Boulevard; Option 2: Renovation of the Supervisor of Elections Support Center located at Wenner Way; Option 3: Leasing of property located at Haverty Court in Rockledge for the Supervisor of Elections Support Center; and Option 4: Leasing of properties offered for sale under Option 1. He talked about the existing Elections Support Center lacking dehumidification for electronic voting equipment storage and testing; lacking fire suppression; lacking space for efficient delivery/receiving operations conducted during elections; and requiring approximately $200,000 to $1.1 million in renovations depending on occupant needs. He stated Option 1, the Apollo Crossings Shopping Center, allows the Board to address a number of County functions: the Supervisor of Elections service center, elections support center, post election related functions, relocating the Tax Collector's service center, and allowing future expansion. He added, Option 1A would allow the County to renovate Wenner Way for Asset Management from the modular's that are approaching 30 years old; and relocate records storage from Byrd Plaza to the Government Center on Sarno Road. He stated Option 1A has a purchase offer of $2.175 million; the County would propose tenant improvements of $1.175 million; HVAC replacement of $450,000; generator installation; and the renovation of Wenner Way. He advised the total fiscal impact would be $4.150 million. He noted, all of the purchase options would require an appraisal and be brought back to the Board for final decision with regards to appraisal versus the purchase offers. He talked about Option 1B, which is the purchase of 525 North John Rodes Boulevard; stated it would allow the Board to move the Elections Support Center and provide County records storage; and the offer includes eight acres of vacant land. He added, under Option 1B, registration and poling remains at the government complex, but the Tax Collector expansion needs go unmet. He went on to say the property has a 31,350 square-foot building; three loading docks; zoned fire suppression; and eight acres of vacant land. He stated it has a purchase offer of $2.3 million; the County would need to install a generator at a $150,000; includes the renovation of Wenner Way at $200,000; and the total fiscal impact to the County would be $2.650 million. He presented Option 2, which is to renovate the existing Election Support Center at Wenner Way; Option 2A is a minimal renovation and the cost is $200,000; stated minimal renovation of Wenner Way provides no long-term or permanent solution to the Election Support Center, and would require to leasing alternative space, and Asset Management and County Records stored at Byrd Plaza. He went on to explain Option 2B, moderate renovation costing $490,000; Option 2C is complete renovation costing $1.1 million; and noted complete renovation provides a facility with a renewed lifespan of 30 years, but does not address expansion or consolidation of Elections Support and Service Center. He presented Option 3, which is leasing a 16,750 square-foot office/warehouse at 501 Haverty Court, in Rockledge, for the Supervisor of Election Support Center; and also renovation of Wenner Way for records storage. He added, it is a ten-year lease, but the owner is willing to do a three-year lease option; it is $128,000, with annual rent increases in accordance with CPI; and the ten-year expense is $1.64 million, and allows the County to only address the Elections Support Center needs and County storage needs. He stated Option 4 is the leasing of properties being offered under Option 1 for sale; with regards to the Apollo Crossings Shopping Center, it would be able to address all of the needs of the Supervisor of Elections, Tax Collector's Service Center, future expansion, renovation of Wenner Way for Asset Management, and relocation records of storage from Byrd Plaza to CSC. He added, the annual lease payment would be $506,000 a year; the County would need to install the generator; and over ten years the expense would be $5.4 million. He explained Option 4B, which would be the leasing of the John Rodes Boulevard site; the annual lease payment would be $219,450; and the total ten-year expense for the County would be $2.4 million. He added, the services that would be accommodated are Elections Support Center, County records storage, and renovation Wenner Way for Asset Management.
Lisa Cullen, Tax Collector, stated she intends to move to the Sarno Road, Apollo Crossings Shopping Center property; she feels it is a good opportunity to move the Tax Collector's office to the space; and the Board needs to know the impact of the move. She explained the Tax Collector does not currently lease the space it is in, so that is going to increase the budget and decrease any unused fees that would be given to the Board; and moving into a shopping center that she intends to lease, she would then be responsible for the portion of the property tax bill. She added, she calculated a $90,000 expense of taxes during the life of a lease without any options to renew; and stated she used the facilities number of $97.00 per square-foot to remodel, which comes to $1.3 million that she would see in the next fiscal year. She stated she feels like she can easily justify the expense to the Department of Revenue; and she feels like it will be approved and she intends to move.
Chairman Fisher questioned the $97.00 per square-foot to remodel; and stated he thought it was a purchase price. Ms. Cullen responded it was staffs price, and she would hope they could come in less than that; and stated in previous experience of moving an office it is usually around $1 million. Stockton Whitten, Assistant County Manager, confirmed the $97.00 per square-foot purchase price, plus the renovation cost. Chairman Fisher asked if the decision made is for citizens to not stand in line 40 minutes for a drivers license. Ms. Cullen stated yes, the current Sarno Road office is inadequate to meet the needs; she intentionally added the drivers license at Sarno Road last, because she knew it was almost to capacity; and she knows she needs to add two to three employees at this time, but there is no space to add them. She went on to say the reason the Sarno Road property is so attractive is because of the READ ID Act; she sends people out from the office to various County offices to obtain the documentation so that they can prove their legal presence, addresses, and those types of things; and it needs to be conveniently co-located next to the Property Appraiser and the Supervisor of Elections. Chairman Fisher mentioned in other parts of the state there is a lot longer wait time than in Brevard County; and inquired the goal is to eliminate the time from 40 minutes to 20 minutes. Ms. Cullen stated its goal is approximately, a 15-minute wait time; she thinks it is unacceptable to have a 40-minute wait time; people have to come into the Tax Collector's office at least once during the year; and there is a continual customer base that it has to serve every day. She noted renewal notices have just been mailed, and her office will serve over 500 people in the Sarno office.
Commissioner Nelson stated it would have been the Board's preference for Ms. Cullen to say if everyone cannot make out an arrangement that is acceptable she would go; but she said she is going to go; and so is the discussion mute. Ms. Cullen responded she would like to go and she would like to go with the Board, because that is the most fiscally responsible thing to do; but the people of the County elected her to do a job, and that is not to come and wait 40 minutes for a drivers license. She reiterated that the Apollo Crossing Shopping Center is her preference; and she is going to have to move. Commissioner Nelson agreed that she needs a better location.
Commissioner Bolin asked Ms. Cullen if the County spread the Tax Collector's office out at the current location, would she consider staying. Ms. Cullen responded she does not know if the building will accommodate that; and the best option is to move. Chairman Fisher stated he hopes that if it comes to moving she will allow the County facilities people to negotiate. Commissioner Infantini stated she appreciates Ms. Cullen coming prepared with a definitive plan; and she is glad Ms. Cullen is willing to make the decision for the taxpayers. Ms. Cullen reiterated she wanted the Board to know her intentions. Chairman Fisher stated the County has a lot of facility needs, and taxpayers have to understand the amount of money is smaller; the Board is going to have to address a lot of concerns; and therefore, the citizens are going to have to wait in line a little longer. Ms. Cullen stated it will be a facility to meet the basic needs of the services she needs to provide; and she will be as frugal as possible in providing an adequate facility for what needs to be done.
Lori Scott, Supervisor of Elections, thanked the Facilities Department for working so hard on the Supervisor of Elections Support Center. She stated there is a concern of a true hazard at the current Sarno Road location, as well as Palm Bay; Sarno will have drivers licenses, Tax Collector customers, early voters, and the Property Appraiser's citizens filing homesteads in a facility that is not meant to handle that many people; and she thinks it is more than just waiting in line. She mentioned the hazard at the Sarno Road facility, as well as the Palm Bay location. She went on to say she brought the issue to the Board in April looking at leasing; the direction then was to purchase, and 10 properties were brought back; then it was narrowed down to five purchase options and three lease options; and she agrees with Ms. Cullen that the Apollo Crossing Shopping Center would provide a facility not only for the Elections Support Center, but the administrative functions of both offices. She stated she was told by the Censor Bureau and the Federal Department of Justice that Brevard County may reach the threshold to go to a bilingual ballot; she was told she needs to budget that appropriation into her budget because she would not find out until after the budget cycle was complete; and she received notice last week that Brevard did not meet that threshold. She noted, that saves approximately $360,000 out of the Supervisor of Elections Office budget that now the Board can use, and hopefully helps with some of the facilities issues. She mentioned if looking at lease options, the Atlantis Road property is also available for lease and build, as well as Haverty Court. She stated the Elections Support Center timeline goal was to be in a new facility by July; there is an election in three weeks, and the Presidential preference primary on January 31, 2012; with four elections in thirteen months it would be tough to move the Elections Support Center; but she believes it needs to be moved as soon as possible.
Chairman Fisher asked if the Atlantis Road facility is satisfactory. She responded the Atlantis Road is 15,000 square feet, and the asking price $795,000; the only thing it needed was an air conditioner on the back portion, which facilities estimated at $22,000, which would put a purchase price of $1.17 million; and it could be leased for $66,750 a year, but still would need the air conditioner on the back portion.
Commissioner Nelson asked how much excess revenue has been generated as a result of taking on driver's license. Ms. Cullen stated it was an implementation, not all of the office has seen a full year with driver's license program; and she is looking close to $1 million in fees that it has generated from the services. Commissioner Nelson reiterated they would be excess fees because there is a cost to provide the service. Ms. Cullen responded no, that is the fee that the service provide the office; what portion of the excess fees, it is still in the process of figuring that; and that is proportional to the amount of revenue taken in. Chairman Fisher asked if it a profit center. Ms. Cullen stated no it is not a profit center; it depends on what the customer comes in to transact; she has approached the legislature several times about revenue sharing; when all Tax Collectors have implemented driver's license it will see a revenues share of replacement ID cards and driver's license, which will again increase for the cost center. She added, she believes that this year part of the lobbying process will be that Tax Collectors will look for another split of some other fee, because it has taken on a State function and have not received any fee's to help with it; and the reason she took it on is because the County has benefited in over $300,000 in equipment that was given just to take it over.
Dana Kilborne stated she supports the John Rodes property; she believes it is the best value for the taxpayer; it is cheaper on a square-foot basis in terms of the total investment outlay; and it addresses the need set forth in the RFP. She added, as to the purchase of this particular property compared to the other purchase option, it is $75 total per square-foot versus $97 per square-foot; and based on the building only, it is cheaper than the Sarno location by about $23 per square-foot. She went on to say the lease option it is also the best value for the County and taxpayer; based on what was submitted to the Board, the Sarno Road location is $12.59 per square-foot; the Rockledge option is $10.95 per square-foot, which includes the Wenner Way improvements; the John Rodes building is $7.66 per square-foot, which is total investment. She stated John Rodes is the solution that delivers the space the earliest; it delivers the purchase option a year earlier; on the lease option, along with Rockledge, it can deliver it as early as December; and as to the additional space for the Tax Collector, she does not know if the Board has a competitive bidding process that is required, but there has been no competitive bidding in the RFP for the Tax Collector space needs. She added, there is one solution on the table and it is the more expensive alternative $97 per square-foot; she would think that would be an issue both for the Commission and for the Tax Collector. She concluded by saying the best value for the taxpayer in either a lease or purchase scenario, and the one that addresses the RFP, is the John Rodes building.
Commissioner Infantini asked to address the flooding issues; and stated after the recent tropical storm it looked really flooded. Ms. Kilborne responded the standing water was in two driveways on John Rodes; it was the DRTV building, the subject property, and the property to the north, Data Flow Services; and that was originally one site. She noted, John Rodes Boulevard and the building were high and dry, and the other driveways along John Rodes were high and dry. She stated the owner had a civil engineer come out and identify some deferred maintenance, a culvert among other things, and recommended in the event of extreme weather that they raise it to the level of the adjoining driveways; and the seller is willing to take on the expense and deliver it in a condition that is similar to the adjoining driveways where there was no standing water issue.
John Pavlaks stated he was basing the facts about the property not flooding on the Natural Resources Management fact sheet about the St. Johns Crane Creek Outfall Project; according to the project, it was to be complete by June of 2010; as it turns out, phase two was not done; and stated he met with Road & Bridge and was told whatever is left of the flooding will be resolved when they do phase two. He added, there was talk at the last meeting about traffic on John Rodes versus Sarno Road; he spoke with Florida Department of Transportation (FDOT) and the annual traffic on Sarno Road is 27,000 cars per day, John Rodes is 9,700 cars per day; and there are other factors that are figured when talking about level of service. He noted, Sarno Road is more congested and there is more room for growth on John Rodes. He questioned if staff put the fee for the renovation of Wenner Way in the total of option three; and stated if that is the case it would be $200,000 more. He stated when asked about the lease possibility, he offered a $6 common area maintenance charge, that would bring the price down to just over $2 million. Chairman Fisher asked if he was willing to lower the cost on the terms of the lease; with Mr. Pavlaks responding yes, they would be flexible.
Mike Ferdinand stated he wants to be specific about the drainage issues on John Rodes; the phase two of the Crane Creek Outfall Project has not started yet; there is a culvert down by Lamplighter that is currently 48 inches and is due to be replaced by a four-foot by 12-foot box culvert that will move considerable more water out of there. He added, he is more than willing to raise up the driveway to the level of the other driveways, but according to Road & Bridge Department, and people at the County, the issue is going to be resolved as soon as the project is started and completed.
Dan Evans stated he represents the 1240 Sarno Road and 1260 Sarno Road properties; the facility continues to be the lowest per square-foot cost; and there are several nuances and characterizations of the property that he thinks are incorrect. He added, he is burdened by doing two build-out properties to meet all the requirements; therefore, the square-foot cost, and the amount of build-out to finish these is achieving quit a few more objectives; and so comparing it to simply a storage property, and the improvements that go along with that, is tantamount to comparing a garage to a full house. He went on to say he originally offered $4.50 per square-foot on the lease for the Supervisor of Elections, and because the County wanted to address the opportunity to purchase, rather than to have the amortization of a lease, he offered that at $50.00 per square-foot; and he thinks he is responsive to the original RFP by sticking to the numbers for the rentals. He appreciates the Constitutional Officers objectively coming to the opinion that the property serves their needs; the challenge for the Commission is to figure out a way to fund the facility needs among all the many needs it has; and he maintains they are still trying to come up with options to serve the County's needs.
Mel Howard stated he feels the John Rodes building is the best option; he inspected all of the water, and flooding that was going on in the culvert that is next to DRTV building was plugged, and a County guy that came out did not even know the culvert was there; and stated there was a major malfunction of all of the drainage. He added, there is a floodgate on the west side of I-95 that was only open 75 percent, and there was a lot of water draining towards the St. Johns River; but no water got into the building. He noted Atlantis property does not have four-foot loading docks; the John Rodes building has loading docks with leveler adjustments; it already has air conditioning; it has fire suppression; and the records and equipment are going to be taken care of in the best way with the 525 North John Rodes.
Bruce Ingram stated the office/warehouse at 501 Haverty Court is ready to go; and it has really nice offices that are upgraded.
Chairman Fisher asked staff if they had a chance to look at Atlantis Road since it became an option. Teresa Camarata, Facilities Department, stated she called and they were ready to sign a lease on the property, and it may not be available. She added it is not air conditioned; it is15,000 square feet, slab on grade, with 13,000 square feet of finished office space; and it does have fire suppression. Ms. Scott stated a lease has not been signed yet on the Atlantis Road property; and Haverty Court was a facility that was brought before the Board in April to look at for lease, but the Board decided to purchase. She mentioned if the Board is to address the Election Support Center only, as a whole, the needs of the upcoming elections will again require it to take over the Atlantic Room and will expand into the Florida Room because it is a presidential year for approximately six months next year. She went on to say a building has been in the budget for the Supervisor of Elections since the 2003/2004 budget; and it is not something new to address the administrative needs. She concluded by saying she has expressed her concerns about the John Rodes property; she appreciates the building did not flood, but if she cannot enter or exit and deploy election equipment because the access and egress is flooded, that is a concern.
Commissioner Anderson asked if the permit has been pulled for the Crane Creek Drainage Project, phase 2, and if it will clear up the issue on the east side of John Rodes. Mel Scott, Assistant County Manager, stated it alleviates a lot of the flooding concerns and issues, as well as improving the water quality through advanced treatment before it enters the lagoon.
Chairman Fisher stated he started off thinking the Board should buy; and the project went from storage for the Supervisor of Elections, to comparing something on Lake Drive for $4 million; and then the Board started thinking about the overall facilities needs and what kind of assessment has it really done. He added, he is rethinking it from a purchase option and would like to think about either leasing John Rodes for two to three years while the Board looks at its entire facility needs; and the two properties that might work best would be the John Rodes and Haverty Court. He asked staff if it could use Haverty Court to solve the Supervisor of Elections, plus move County records out of Byrd Plaza, or does it need something the size of John Rodes to accomplish the task. Mr. Whitten stated the Haverty Court option would utilize the space for the Supervisor of Elections Support Center and renovate Wenner Way for records storage; under the lease option at John Rodes it would be able to accommodate elections support and County records storage; and under that proposal, staff is asking the Board to consider the renovation of Wenner Way to move Asset Management out of the portables. Chairman Fisher asked if Haverty Court is big enough for County records storage and the Supervisor of Elections. Mr. Whitten stated staff does not think that it is; the 16,000 square feet would be dedicated to the Supervisor of Elections space, and he does not know if the additional space is still available for County records. Mr. Ingram stated there is 30,000 square feet contiguous at the Haverty Court facility. Mr. Whitten stated that would make a close apples to apples comparison with John Rodes, so it just needs to be priced out on lease arrangement. Chairman Fisher stated he would be interested in looking at a two or three year lease, which would give the Board time to look at all the facility needs, and bring it down to the Haverty Court or John Rodes.
Commissioner Anderson asked when the Tax Collector vacates the existing space on Sarno Road, how will it be utilized. Mr. Whitten stated it would allow some expansion for the Supervisor of Elections; and he would suggest the Supervisor of Elections expand into the space vacated by the Tax Collector.
Commissioner Infantini stated a few years ago the Board built as many community centers as it could possibly build until it ran out of money to pay off debt service and operate the community centers; and yet there are two constitutional officers that need space that is required. She added, often county government has a hard time prioritizing what it would like to have and what it absolutely needs to have; the Tax Collector has taken on the role of drivers licenses, which has increased the traffic flow tremendously; and there are a lot more people voting. She went on to say there are two things required by Federal, State, and County law, and the Board is disputing whether it should do something more permanent as a long term fix, or go with temporary to look things over; and she thinks now is a good time to invest in the future. She stated this is the first time the Commission recommended a short-term fix for something; and she is frustrated by the lack of prioritization. Commissioner Anderson stated he sees it as a long term fix; if it gets the Tax Collector moved and expands the Supervisor of Elections at Sarno, it would fix the taxpayers having to wait 40 minutes in line; and the additional revenues, which it is not sure it will collect, may offset the lease at Sarno Road. Ms. Cullen stated there are several concerns she has; the 40-minute wait time is a long time to wait for the service; and she does not have room for citizens to wait; there are many days they are waiting over in the Property Appraiser's office, who has also expressed concerns about the crowd overflowing and the safety issue in the parking lot. She added, it is not just the 16 year-old that is learning to drive, it is the person who has a medical card on their licenses and they are determining if they are capable to drive because of a medical condition; and she would like enough room in the parking area to get people in and out safely. Commissioner Anderson noted she is fixing the problem by moving to the Sarno Road location; and he supports the Tax Collector move. She stated she is working off the County's RFP; she would have not found the property had Facilities Department not have contacted her; and she cannot assure the Board it will collect enough fees to offset it. Commissioner Nelson agreed with Commissioner Infantini; if the Tax Collector moves and it costs $200,000, that is $200,000 the Board does not get back; Ms. Cullen will take it off the top so when the access fees come in, that $200,000 is missing; and if the County leases space for the Supervisor of Elections that is another $100,000, so it is now up to $300,000 on an annual basis for leases, which is the amount of money it is talking about for buying. He stated he does not see an option other than buying that makes any sense; it is the same amount of money, and he would rather own; and deferring the decision probably causes the Board to look at a higher interest rate if it ever comes up with a solution. He added, he is leaning towards finding the best options from a purchase perspective because it equates to the same as the leasing perspective. Commissioner Bolin stated she also believes the Board should buy a facility. Chairman Fisher stated he is very uncomfortable spending $4.5 million. Commissioner Bolin pointed out the option for John Rodes is $2.65 million, and so there is a difference between Sarno Road and John Rodes of $1.5 million; and she is going towards John Rodes for storage. Commissioner Anderson stated since the Tax Collector is committed to moving across the street, it is a good compromise; and asked the owners of John Rodes property; if the Board goes to a purchase are they committed to raising the driveway up at their expense. Ms. Kilborne responded yes, they already have an estimate. Chairman Fisher asked staff to explain the appraisal process. Mr. Whitten explained staff would go out and get two appraisals; after the two appraisals, staff will come back before the Board; and they will have an offer price and that will be the next decision point. Chairman Fisher asked if it takes the average of the two; with County Attorney Knox responding yes. Mel Howard stated they would settle for the average of the two appraisals. Mr. Whitten pointed out the owners were offering in the purchase price the eight acres of vacant land, and the Board may want to discuss that right now. Mr. Pavlakos stated the Board would have to have an easement to get to the acres. Commissioner Nelson stated the Board currently is looking at three options, and he thinks it comes down to what it would cost the County on an annual basis; one would be the Sarno option; two the lease of the Sarno property and the purchase of John Rodes property; the third would be just a straight lease; and he would like to see what the numbers would be for each of the options.
The Board recessed at 11:45 a.m. and reconvened at 12:05 p.m.
Mr. Whitten stated staff has some numbers to share with the Board based on how he understood the revised proposals; the proposal for the Sarno purchase Option 1 is outlined on the Agenda Report, and using some loan proceeds already on-hand, the Board would ultimately be financing for $3 million, at two percent over 15 years, which is $240,000 per year; and advised a payment is already being made on the $1.2 million for a total of $322,000. He stated Option 2 is to lease the Sarno Property, and use the smaller space for the Tax Collector; and all of the lease assumptions are that the lease or improvements will amortize over the life of the lease. He stated Option 3 is leasing property located at Haverty Court equating to $294,000; the cost for improvements is $166,000 per year, which is the lease of the space and the improvements, plus $128,000 for Haverty Court totals $294,000 per year. He stated Option 4 is a lease of a smaller portion of property on Sarno Road and the purchase of a larger property, which is a total of $366,000 per year because he amortized the cost of improvements in there; and stated the Wenner Way options really do not change with regards to the modification proposals because it is a minimal modification proposal at $200,000; it is a moderate renovation proposal at $490,000; and then $1.1 million for the complete renovation proposal.
Commissioner Nelson inquired what are the lease amounts of each option for the Sarno properties since it is the constant between Options 2 through 5. Mr. Whitten responded the lease amount for Sarno is $166,000 per year; $85,000 for the lease; approximately $810,000 in improvements, including the air conditioning; and the $810,000 is amortized over 10 years.
Commissioner Nelson inquired if Option 5 is reworking Wenner Way, and if there is any additional storage created. Mr. Whitten responded if the Supervisor of Elections no longer occupies Wenner Way, then Byrd Plaza's function moves to Wenner Way. Commissioner Nelson stated he thought Option 5 was actually keeping the Supervisor of Elections function at Wenner Way, in a renovated property. Mr. Whitten inquired if he would like for him to amortize the $1.1 million or the $490,000; and he expressed his apologies to the Board, as he did not understand it to be that way. Commissioner Nelson stated he is not sure if that is really as much of an issue as what is going to be done with Byrd Plaza because it is $130,000. Mr. Whitten advised under any scenario staff will look for space to relocate the Byrd Plaza storage. Commissioner Nelson inquired if all the other Options have the ability to take care of Byrd Plaza storage, such as when the Tax Collector moves out of Sarno that is where the Byrd Plaza stuff was going to go. Mr. Whitten responded that is a possibility; the other Options do address Byrd Plaza; and the Byrd Plaza space could fit into the space vacated by the Tax Collector.
Steve Quickel, Facilities Director, stated there is approximately 6,000 square feet that the Tax Collector occupies at Sarno; it is premium space and it should not necessarily be used for space; it would open the option to relocate Parks and Recreation at Sarno, towards the front of the building, or move the Tax Collector and Property Appraiser around in there as well.
Commissioner Nelson stated the most attractive number is the most complicated, in terms of all the other issues; and it not a straight forward apples to apples scenario.
Chairman Fisher stated he is not comfortable making a decision right now; and staff needs to go back and really get the options on the table so the Board can make a solid decision.
Commissioner Nelson commented if the Tax Collector has said she has had enough and takes off on her own, it will not matter, the numbers will not need to be looked at; and that is the dilemma being faced.
Chairman Fisher stated he hopes the Tax Collector understands that rather it is County money and it is given back, it is a huge decision, and it is taxpayer money; and she needs to think through that process before just taking off because he thinks the Board needs to be a part of the process. He went on to say the County is not ignoring the Tax Collector's position; and it is trying to do the best thing it can for County as well.
The Board tabled discussion of facilities options for the Supervisor of Elections, Tax Collector, and County operations, to the November 1, 2011, Board meeting.
RESULT: ADOPTED [4 TO 1]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Robin Fisher, Chairman / Commissioner District 1
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
ITEM VII.E.1., CONSIDERATION, RE: RECOMMENDATION OF REDISTRICTING COMMITTEE FOR REDRAWING THE FIVE (5) COMMISSION DISTRICTS
Kendall Moore stated he is speaking on behalf of the Redistricting Committee, which is made up of 15 very qualified people who were chosen by the Board. He noted the previous redistricting committee used outside consultants and legal counsel, but the current committee was able to use County resources, which saved thousands of dollars. He expressed appreciation to County staff.
Peter Fusscas, Redistricting Committee member, stated he voted nay on the redistricting plan; the only issue dividing the committee was splitting up the twin communities of Indialantic and Melbourne Beach; and noted similar splits of other communities were unanimously opposed by all members present. He stated there are several principles to take into consideration when redistricting, such as compactness, continuity, preservation of community interests, preservation of the core of prior districts, and compliance with Section II of the Voting Rights Act; and stated those principles basically encompass the six criteria the committee was charged with considering in its deliberations, with population being the most important. He further stated splitting up Indialantic and Melbourne Beach violate the continuity principle, as there is no way the District 3 Commissioner could access his or her district without crossing another commissioner's district. He stated another principle that was violated was compactness, which is the oldest and most important tradition of race neutrality, and maintaining a community of shared interests, whether they be language, race, or other shared interests; it does not follow the manmade and natural boundaries; and it does not recognize existing district boundaries. He stated the vote to split Indialantic and Melbourne Beach was not unanimous; it was opposed by 43 percent of the members present; and the vote on the entire redistricting plan was not unanimous and was opposed by 25 percent of the members. He stated Indialantic and Melbourne Beach is a community of shared interests; residents send their children to the same schools, the garden clubs decorate the same monuments, the beaches are shared, they will share the same post office soon, and the City offices are less than a mile away from each other; and noted Indialantic and Melbourne Beach have been represented by the same Commissioners for the past 50 years. He stated the population of Indialantic and Melbourne Beach is only 3,000; a population of 3,000 in a County with a population of 500,000 may not sound like much, but it is principle that communities should not be broken up; and for that reason he opposed the redistricting plan. He stated he hopes the Board will send the proposal back to the committee, because it is not a big deal to make the adjustment; and he hopes the Board considers bringing Indialantic and Melbourne Beach back together again, where they rightfully belong.
Commissioner Infantini stated the problem she has with the plan is that it is going to be in effect for the next 10 years; one could argue that District 3 is still contiguous because one side of the land she represents touches the other side of the land, which is the barrier island she represents, by water; but by most natural boundaries, water is a separating boundary; and removing Indialantic, which falls on two sides of the Melbourne Causeway, will require her to go from Melbourne Beach through Indialantic, and then to cross over the Melbourne Causeway to get back into her district. She stated the proposed plan defies logic and is not contiguous by the normal definition of most individuals, even though it may meet the State definition. She further stated one of the things the committee was required to do was make the boundaries of each district compact; but taking the furthest point west of one district and dragging it to the beaches does not make it compact; stated there is no reason for District 5 to be on the beaches; and the same argument could be made for District 4, but District 4 currently has a Commissioner on the beaches, so she cannot take that away because the committee is supposed to give consideration, although not definite rules, to the sitting Commissioner. She stated as Mr. Fusscas mentioned, children in Indialantic and Melbourne Beach all go to the same junior high and high school; and the kids would be separated under the proposed plan. She reiterated that the towns have the same common interests; and stated moving Indialantic lacks logic, when it would be more practical to give District 5 more of Palm Bay, which is part of the District 5 area.
Commissioner Anderson stated Palm Bay needs to be split down the middle, which it currently is by population; and it would be unfair to the residents of Palm Bay to have one Commissioner. Commissioner Infantini pointed out that the residents of Melbourne Beach, Cocoa Beach, Cocoa, and Titusville have one Commissioner. Commissioner Anderson noted all the residents of one Commission district cannot fit into Palm Bay, which has 115,000 people. Commissioner Infantini stated she understands that, but there are only 3,000 residents in Indialantic and Melbourne Beach. Commissioner Anderson stated he is in favor of the plan.
Commissioner Nelson stated one of the first drafts of the proposed plan, the area of West Cocoa seemed to be logical because it squared off the boundary; a precinct was also taken out, but he is not sure why that was done because those are common roads in West Cocoa; and that particular precinct seems to fit logically into what should be the district boundary. He stated another factor is that District 2 is unique because it does not have a lot of developable land available, and to some extent it is losing population; and maybe that population needs to be higher than the rest, because if it starts out even, or less than the rest, it will get worse over time. He stated on the proposed map there is also an area on the south side of Cocoa where it juts in, and it was his understanding that that was done because of a precinct convenience as opposed to separating out land; and he would like to see those two areas revisited by the Redistricting Committee.
Commissioner Bolin stated the reason why each Commissioner has a part of the beaches is because the coastline is important to all of Brevard County. She stated she is fine with the proposed plan for District 4; District 4 has been compacted by the committee; and stated she is in favor of the proposed plan.
Chairman Fisher stated in reference to Commissioner Infantini's position, he is not sure the children in the schools will be split; the proposed redistricting does not affect what schools kids go to; and it was not a factor for the committee to take into consideration. He stated he is comfortable with the proposed plan.
Commissioner Infantini stated the proposed plan does not recognize neighborhood boundaries; she understands the kids will continue to go to the same schools, but the neighborhood boundaries are supposed to be recognized; stated Indialantic and Melbourne Beach should not be separated; and inquired when the proposed plan was submitted to the Supervisor of Elections.
Mel Scott, Assistant County Manager, advised on July 12th the Redistricting Committee asked staff to forward the first working draft to the Supervisor of Elections; the July 26th meeting was skipped because the Supervisor of Elections had still not completed her review of the map; on August 8th, comments from the first draft were received by the Supervisor of Elections; on September 8th an email was sent to the Supervisor of Elections, which recapped the September 6th meeting and also announced the September 14th meeting, and additionally, it contained all map summaries up to that date; and on September 23rd an email was sent to the Supervisor of Elections which contained the minutes of the September 14th meeting and September 19th meeting, which was the last meeting. He pointed out that the September 23rd email also identified the website that continues to run and has an interactive map, as well as all the map changes that anyone could see; and noted there is a lengthy email string and a notice, as well as face-to-face meetings that he has had with the Supervisor's staff so that she could review those and give the committee the benefit of her observations, which the committee acted upon at its September 8th meeting.
Commissioner Infantini stated Florida Statute 101.001 addresses precincts, polling places, and boundaries, and states, "The Board of County Commissioners in each County, upon recommendation and approval of the Supervisor, shall alter or create precincts for voting in the County"; and stated she is not aware of any letter from the Supervisor of Elections, although she has asked for it.
Chairman Fisher inquired if the Board needs approval from the Supervisor of Elections to approve the redistricting. Scott Knox, County Attorney, replied if the Board is going to change the precincts with a redistricting map, then the Supervisor has the ultimate say if it is an unreasonable or arbitrary change to the precinct.
Tyler Sirois, Chief Deputy Supervisor of Elections, stated the last map the Supervisor received from the Redistricting Committee was in August, as Mr. Scott stated; shortly after that, the Supervisor met with Mr. Moore to discuss the issue and the maps that had been provided; and since that date, the Supervisor provided recommendations back to the committee, and also since that date, the Supervisor was provided the minutes of the meeting that was held by the committee, but no maps for the Supervisor to provide analysis on. He advised the Supervisor instructed him to tell the Board that if it would like her to move forward with the analysis, it can be completed and returned to the Board within a week.
Mr. Moore stated the Redistricting Committee discussed the Statute mentioned by Commissioner Infantini; the thought process of the committee, when it originally provided the information to the Supervisor, was not asking her to accomplish her statutory duty, it was asking her to do the committee a favor as to where the committee was at that point, and if it violated any of the things that she thought she may address at a later date; and the Supervisor was willing to take a look and provide recommendations to the committee, and subsequently, the committee finalized the information that is before the Board today. He stated in discussions with Mr. Knox, the logical thought process was why would it make sense for the committee to give it to the Supervisor, in her statutory duty, prior to a map that has been approved by the body that is responsible for making it; and stated the committee's map does not indicate any final approval by any nature, as the committee is nothing more than a recommending body. He stated even after the Board's decision, the Supervisor of Elections will still have the ability to make that judgment on what it finally approved, and not what the committee deemed an interim recommendation.
Mr. Sirois pointed out that in regard to the map before the Board today, the Supervisor did not see it until Mr. Scott gave it to her at 9:00 a.m.
Commissioner Anderson noted today is just preliminary approval, and the Board will re-hear the issue at a later date. Attorney Knox stated the Board's job is to either approve or disapprove the proposal from the Redistricting Committee; if the Board wants to get the Supervisor's opinion on precincts and whether the proposed plan impacts the precincts adversely, to the point that the she thinks it is arbitrary and that there is no reasonable basis for it, the Board is free to do that before it makes a final decision. Commissioner Anderson inquired if the Supervisor can do that between now and the final hearing. Attorney Knox replied if the Board is going to do that, he would recommend it refer to the Supervisor now and have it come back to the Board before it makes a final decision. Commissioner Anderson stated the map had been submitted to the committee and it came back with recommendations, and the committee did not follow the recommendations. Mr. Moore stated he does not think the committee's request to the Supervisor constitutes the statutory duty that Commissioner Infantini was referring to, because in essence, what she was reviewing for the committee was an interim map in the process; the committee took, or did not take, some of the recommendations; the final arbiter in the process is the Board of County Commissioners; and that is ultimately the map that the Supervisor of Elections would then judge as to the test that they must perform.
Commissioner Infantini stated the Supervisor of Elections was not asked to look at compactness or continuity of districts. Mr. Moore stated the committee asked the Supervisor specific questions, because going through the process, the committee was not qualified to make judgments related to precinct splitting; the Supervisor made clear to the committee that there are fiscal impacts related to that; and the committee wanted to get a test at that point in the process. He stated he believes the Supervisor's duty still exists based on the action taken by the committee; as discussed in an open meeting, the question became if it would make sense for the Supervisor to look at the committee's product when it was a yes or no requirement; and if the Board does not approve what the committee recommended, then it would go back to the committee and would be a new product to be reviewed by the Supervisor of Elections.
Commissioner Anderson stated the Supervisor of Elections has no authority to look at the Commission districts, and her only authority is to look at the precincts.
The Board approved recommendations of the Redistricting Committee for Brevard County Home Rule Charter, Article 2, Section 2.2, to redraw the five (5) Commission Districts in, "as nearly equal in population as practicable".
RESULT: ADOPTED [4 TO 1]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Mary Bolin, Commissioner District 4
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
ITEM IV., PUBLIC COMMENTS
Shawn Cloutier stated since the start of this meeting, the budget is a huge issue; earlier, animal shelters were discussed with not enough funding to care for the animals; they are the weak and innocent; and they need people who stand up for them. He stated he has a proposition to generate several thousand dollars per year on a simple advertisement; he understands people are not going to adopt animals, but kennels can be adopted; he volunteers with several animal shelters across the country and world; if a person, family, or company donated a couple hundred dollars to sponsor a cage for a year with a name plaque it, it could raise well over $5,000 per year at the south shelter, which has 26 runs. He stated it may not keep the animals alive, but it is going to offset the cost if money cannot be generated out of the budget; there needs to be a way to take care of animals; and this would be one small step to push and offset little-by-little, day-by-day, so the animals can be saved. He advised he would be happy to help assist with the ideas he presented.
Commissioner Anderson inquired if there is anything prohibiting the County legally from selling ad space on those kennel cages to try to generate money; and stated it was talked about when he was a City Council Member for police cars one time, but there were worries about Budweiser wanting to advertise on the side of police cars, which was a problem. He stated he is very much in favor of it; and if it can be done, it needs to be moved forward now.
The Board directed staff to move forward with the recommendation of Shawn Cloutier to allow people to sponsor a cage at the animal shelters for a year to assist in funding to care for the animals.
Dave Pasley stated there has been a lot of discussion about budgets; in the coming years it is not going to get any easier; while he was doing research to find what other people around the country are doing, he stumbled across an interesting book; he was able to contact the author and get a few copies to pass out to the Board; and he also has the book in PDF for anyone who would like to download it.
Commission Infantini stated the book is called Building a Better Local Government, How to Lower Taxes and Improve Employee Services at the Same Time.
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.A., PUBLIC HEARING, RE: VACATING PUBLIC UTILITY & DRAINAGE EASEMENT (GRISSOM PARKWAY) PORT ST. JOHN, UNIT FOUR - ERIC BREEMEN
Chairman Fisher called for the public hearing to consider a resolution to vacate a portion of a public utility & drainage easement in Port St. John (Grissom Parkway), Unit Four, as petitioned by Eric Breemen.
John Denninghoff, Public Works Director, stated there have been no objections received to the petition to vacate.
There being no further comments, the Board adopted Resolution No. 11-249, vacating a portion of a public utility & drainage easement in Port St. John, Unit Four (Grissom Parkway), as petitioned by Eric Breemen.
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.B., PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY/PINE ROAD MORNINGSIDE BEACH SUBDIVISION - MICHAEL DICHRISTOPHER
Chairman Fisher called for the public hearing to consider a resolution to vacate a right-of-way/Pine Road in Morningside Beach Subdivision as petitioned by Michael DiChristopher.
John Denninghoff, Public Works Director, stated there are few things remaining for discussion that needs to be resolved associated with the easement language; and he is requesting a continuance to the November 15, 2011, Board meeting.
There being no further comments, the Board continued the public hearing to consider a resolution to vacate right-of-way/Pine Road in Morningside Beach Subdivision, as petitioned by Michael DiChristopher, to the November 15, 2011 Board of County Commissioners meeting.
RESULT: TABLED [UNANIMOUS] Next: 11/15/2011 9:00 AM
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
ITEM V.C., PUBLIC HEARING, RE: RESOLUTION VACATING INGRESS/EGRESS AND PUBLIC UTILITY AND DRAINAGE EASEMENT/THE SPRINGS OF SUNTREE - JAMES JENSEN, TRUSTEE/B.S.E. CONSULTANTS
Chairman Fisher called for the public hearing to consider a resolution vacating ingress/egress and public utility & drainage easement in The Springs of Suntree, as petitioned by James Jensen, Trustee/B.S.E. Consultants.
John Denninghoff, Public Works Director, stated there have been no objections received to the petition to vacate.
There being no further comments, the Board adopted Resolution No. 11-250, vacating ingress/egress & public utility & drainage easement in The Springs of Suntree, as petitioned by James Jensen, Trustee/B.S.E. Consultants.
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.D., PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE IX, SIGN REGULATIONS, 2ND READING
Chairman Fisher called for the public hearing to consider an ordinance amending Chapter 62, Article IX, Sign Regulations.
Robin Sobrino, Planning & Development Director, stated this is the second reading of the sign regulations; the first reading was held in August and proposed some temporary signage in order to provide some relief to the business community; and a follow-up package was provided to the Board with the results of a routine review of the ordinance by the Merritt Island Redevelopment Agency (MIRA) Board. She went on to say MIRA had some concerns that the relaxation of the sign regulations might have some impacts upon its goals in the Merritt Island redevelopment area; therefore, MIRA is recommending that an ordinance only take care of the necessary housekeeping and readability goals trying to be accomplished within the ordinance; and stated staff prepared a distilled version of the ordinance for the Board's consideration in the event it wants to consider the MIRA recommendation.
Penny Canales stated she is looking at the distilled version of the MIRA changes that Ms. Sobrino was talking about; she expressed her thanks to MIRA for its input and for looking at the Sign Code being worked on with staff; however, while looking at the distilled version, she inquired about the ordinance that MIRA had shaded; and noted the ordinance that she pulled from the County's website is different from what was advertised for the first hearing. She inquired if re-advertisement is needed because the readings are different; and inquired about the change in the shaded version of the MIRA being worded differently than the one on the County's website. Ms. Sobrino responded the ordinance title is reflected in the first reading and the second reading created the distilled version pursuant to the MIRA recommendations; it is believed that the ordinance as currently advertised would cover any changes that would be reducing the amount of changes to the ordinance; stated in other words, it would be an over-advertisement of changes; the Board has the ability to accept all changes that are proposed in an ordinance and any version that is a lesser amount of changes; and therefore, the MIRA version would be viewed as a lesser amount of changes. Ms. Canales stated in other words, it does not have to be re-advertised to clarify flags and banners. Ms. Sobrino replied that is correct. Ms. Canales revealed she noticed the downloaded version has sections missing, which threw off the numbering of the sections after section seven; stated she recommends it be cleaned up; and noted a lot of the definitions had been stripped out that were in the original ordinance. Ms Sobrino stated the removed definitions were MIRA recommended to remove the A-frame, or sandwich board, signs which are not required to have a definition if standards are not set to authorize them. Ms. Canales inquired if the definition for free-standing was removed. Ms. Sobrino responded no. Ms. Canales went on to say free-standing is not in the downloaded version, along with definitions for benches, building frontage, what a business is, canopy, advertising structure, and abandoned signs. Ms. Sobrino clarified the ordinance does not have a complete list of everything that is in the definition section; and stated the ordinance only reflects definitions that were in some way proposed for addition, deletion, or modification. Ms. Canales inquired if there is a complete copy of what the ordinance will look like, or is the downloaded version the complete copy; and stated she is not comfortable with the downloaded version. Ms. Sobrino responded anything that is in the current ordinance that is now shown for modification is retained in its current format in the County Code; and this only addresses those sections that are being deleted, added to, or modified.
Commissioner Infantini inquired if the Board has a full, clean copy. Ms. Sobrino responded the Board has a clean copy of the paragraphs, or verbiage, that is proposed for some degree of alteration, but it is not the entire Sign Regulations Code.
Mel Scott, Assistant County Manager, stated it is typical for the Board to amend an ordinance of two or three lines; it will focus on just those two or three lines; a lot has been accomplished; and amendments are being presented with just the specific sections that are being considered for modification or change.
Ms. Canales inquired where the measurements of street or driveway come from. Ms. Sobrino responded it comes from the property lines or from the edge of pavement, but it depends, because when a driveway is within the property it is the edge of pavement; but from a right-of-way it is the property line. Ms. Canales advised when she received mail about the measurements of a park on her residential road, it was measured from the middle of the road to her property line. Ms. Sobrino clarified there are some ordinances that measure from centerlines; and a centerline measurement is not being specified in the proposed ordinance. Ms. Canales stated it would help to clarify the ordinance by putting it from edge of street, or edge of driveway, for measurements to where the proposed sign will be placed. Ms. Sobrino replied it would vary site specifically, so to put something in the ordinance would only bring confusion on a specific property, whether it referred to an edge of pavement or to a property line. Ms. Canales inquired if it would be vertical and horizontal measurement of 25 feet to any intersection, which is street or driveway; stated it seems redundant to her; and stated on the freestanding sign, the committee had a separation of signs, rather than a number of signs, it put a measurement between the signs, which essentially would regulate the number of signs, so a freestanding sign could only be placed every 100 feet. She went on to say it is15 feet from the property line and 25 feet from the edge of the driveway on top of that; and she thinks it does help regulate the number of signs. Ms. Sobrino stated she does not recall ever having something relating to the spacing of signs. Ms. Canales stated it is in Section 62-3316, On-Premises Sign, paragraph three. George Ritchie, Planning and Development Planner II, stated the 50-foot number has not changed. Ms. Canales stated that is correct; she is not arguing against it, it is something that needs to be clarified for the Commissioners that, that is something that helps regulate the number of signs; she knows it has came up several times; and the committee was concerned about everybody putting signs out every 5 to 10 feet. She pointed out another thing she noticed on the chart is it looks like there was a change on the table RU-2-30; and it is located in two different zoning classifications, with two different sign usages. Mr. Ritchie responded that is correct; it is something that was found by a vendor who brought it to his attention; it was realized that Section 62-3316 has a section that talks about multi-family developments signage; it was not reflected in the table; and the table has been revised to address that issue, to identify what zoning's could have those multi-family signs. Ms. Sobrino advised there was no addition for the restrictions; instead, a matrix was made, so anything could be found in written form in the ordinance for those who want to easily discern regulations in any zoning classification. Ms. Canales stated when looking at Section four for billboard signs pursuant to Section 62-3309(a) (11) and Section 62-3306(d) she does not see Section 62-3306(d) because Section six is missing. Mr. Ritchie stated it is because it is the Permitting Section. Ms. Canales advised it is missing from her copy that was downloaded. Mr. Ritchie stated the reference to (d) is actually sub-section (e) starting off with digital billboards; the number had changed; and the matrix table updated that reference. Ms. Canales inquired if there is a clean copy version of the ordinance. Ms. Sobrino reiterated the ordinance in clean format does not embody the entire sign regulations; the ordinance only highlights those sections of the sign regulations that are proposed for the hearing today; and once the Board takes action today there will be an updated version put into municode, which will be available for everybody. Ms. Canales inquired if the County Attorney's Office reviewed the ordinance. Scott Knox, County Attorney, stated there were two lawyers who looked at it. Ms. Canales inquired if flags and banners are included in the ordinance; stated she can put up to two banners, measuring three feet by five feet and display them on a developed site when located 25 feet or greater from an intersection, street, or driveway, without a permit; proposed banners not meeting the size or location limitations shall be permitted as part of a Special Event Permit and meeting the requirements of Section 62-3317(5); and inquired if the activity is occurring. Ms. Sobrino stated she is not sure of Ms. Canales' question, but it is how it was at the first reading. Ms. Canales stated if approved today, flags and banners stay in the ordinance. Ms. Sobrino stated it depends upon whether the Board approves it on the second reading, as presented, and as had been previously passed at first reading; it would stay in there; and if the Board accepts the MIRA recommendations, then the banners and other temporary signage would be subject to the current requirements. She stated MIRA is a redevelopment agency and acts as its own mini-municipality without being incorporated as a municipality; if an overlay zone with MIRA's own special and particular sign code meeting their requirements is needed, it is a viable solution, rather than make the rest of the County comply to not having sandwich boards and banner flags. She stated the Community Redevelopment Agency (CRA) in West Melbourne has a lot of signs on its main streets, which does very well; and she thinks a lot of that is from the advertising freedom there.
Commissioner Infantini stated Ms. Canales has done an excellent job helping staff work on the ordinance language; and expressed her thanks to her for doing so.
Ms. Sobrino clarified what is presented to the Board right now is what was carried forward after the first reading, which is the ordinance that provides some accommodation for banners and other temporary signage like the sandwich board signs, and is what is on the matrix, unless the Board chooses to select some other version, or no versions at all, of what it has considered in the past.
Commissioner Nelson expressed his thanks to Ms. Canales and the other folks for participating; MIRA cleaned up the ordinance with simplicity and clarity; the question about the sandwich boards was the deal breaker because as it was written, for example, there is Ralph Perrone properties with 17 units that literally could have had 17 sandwich boards because the units are only 20 feet wide; and he has an area beachside between Cape Canaveral and Cocoa Beach, which have more stringent rules than the County does.
Commissioner Anderson stated this is why he wishes overlay districts could be done because he has a hard time asking a West Melbourne business owner, with a very different circumstance and characteristic, to comply with sign codes that were ruined by somebody in MIRA, which is more like a municipality; somehow there has to be a way to regulate rules in redevelopment areas; and stated he does not feel comfortable letting MIRA dictate what happens in West Melbourne. Commissioner Nelson stated he understands Commissioner Anderson's concern; he looks at it from a different perspective; and advised Commissioner Anderson to meet with the West Melbourne community and come back with some suggested changes for the District 5 area.
Chairman Fisher stated he thinks everyone is getting caught up on it being the MIRA version; and he is not sure it is a MIRA version, or just a revised version.
Commissioner Infantini stated she agrees with Commissioner Anderson; she feels the Board should not be going with the MIRA version; it is a small group of individuals who are not appointed by the entire Board; and most of the time she is not philosophically on the same page with the MIRA Board. Commissioner Nelson stated he did not appoint anyone to create the version that was in front of the Board previously; it was interested citizens; and he does not want to devalue MIRA's efforts because he or she were not appointed by the Board. He went on to say both groups did a good job looking at the ordinance; there are different opinions; and ultimately, it is the Board's opinion that it votes on. Commissioner Infantini stated she thinks there is a restrictive perspective because of boundaries; she understands the rules in place for the areas; and in certain areas those 20 signs mentioned would not be wanted, but the areas represented by Commissioner Anderson and she are a little different. She inquired if there is any way to allow one set of rules to apply countywide, except for MIRA, to be able to have its rules, which seem to be well suited for its area. Attorney Knox responded yes, MIRA has its own zoning code, which is adopted separately from the Board, and it can certainly do the same thing in that area as well. Commissioner Infantini inquired if it would be agreeable to the Board. Commissioner Nelson responded no, because there are other areas that are not MIRA; he has parts of Cocoa and Cocoa Beach; and if an exception is going to be created, it should not be for the entire County. He advised having a uniform County; stated Commissioner Infantini created the exception, instead of focusing on just that one; he appreciates the fact the his citizens created it; Ms. Canales represents a group called Face Off, which has a different focus, and is just as much a group as the MIRA Board; there are different views that have been placed before the Board; and if Commissioner Infantini has an exception that she would like to create, then she should do it, get with the community, and bring it back to the Board, but not focus on one area of the County that created an overlay.
There being no further objections or comments heard, the Board adopted Ordinance No. 11-34, Amending Chapter 62, Article IX, Sign Regulations, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article IX, Sign regulations, specifically amending Section 62-3301 Definitions to modify, add, or delete definitions to clarify the intent of the Code; Section 62-3302 Enforcement to update Code references and remove inconsistencies regarding enforcement procedures; Section 62-3303 Purpose and Applicability to redefine purpose and intent of sign regulations; Section 62-3304 Nonconforming signs to clarify intent, update Code reference, and remove unnecessary language; Section 62-3306 Permits generally to clarify, consolidate, and remove unnecessary language; Section 62-3307 Exemptions from permit requirement to add exemptions for banner and A-Frame signs; Section 62-3309 Prohibited signs to remove references to flags, banners, and off-premises non-commercial signs on scenic roadways; Section 62-3314 Illumination to clarify digital billboard lighting; Section 62-3316 On-premises signs to add zoning classifications, wall murals, limitations for commercial lettering, create flag size limitations and eliminate locational criteria; Section 62-3317 Temporary signs to remove old references and allowance of off-premise directional signs to increase size of temporary signs and increase time frames; Section 62-3318 Off-premises signs to clarify responsible party; Section 62-3319 Variances and appeals to increase the time for appeal from 30 to 45 days; amend table 1, permitted signs by type and zoning classification; delete Section 62-3305 Removal of illegal or abandoned signs; and Section 62-3310 Construction standards as a duplicative regulation; providing for resolution of conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida.
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
ITEM VII.A.1., BOARD CONSIDERATION, RE: ORDER OF INTENT TO MAKE REASONABLE REPAIRS (F.S. 162.09) FOR W&R SANCHEZ RESIDENTIAL LAND TRUST, 508 LINCOLN ROAD, COCOA, FL
Robin Sobrino, Planning and Development Director, stated the item is for Board consideration of an order from the Special Magistrate regarding 508 Lincoln Road, Cocoa; the property has been deemed an unattractive nuisance with an unsafe structure; and staff is requesting that the Board authorize an expenditure of money to demolish the unsafe structure and abate the nuisance.
Commissioner Infantini inquired if the property taxes are up to date on the structure. Steve Stultz, Central Services Director, responded no, they are three years behind. Commissioner Infantini inquired if it would be going to tax deed sale soon. Mr. Stultz responded he thinks there is a three-year wait in order for tax deed sale to happen; and he is not quite sure on the status. Commissioner Infantini stated it seems it would be right around tax deed sale time; inquired if it is possible to put this up for tax deed sale rather than paying to have it demolished; stated she understands the Code violations, but it appears there are numerous structures within Brevard County that would fall under this same guideline; and based on that, the County could start tearing down all kinds of houses due to them being deemed unsafe. She went on to say she feels there are enough funds available because the County cannot keep animal shelters supplied with food and cleansers; and at this point she does not know if the County should be getting into demolishing structures.
Ms. Sobrino stated she agrees with Commissioner Infantini that there are a number of properties in Brevard County that are of questionable safety, and it is a concern to staff as well; in this particular case, the property has been through the Special Magistrate process, and is currently deemed to be unsafe and an unattractive nuisance; staff and the Special Magistrate are concerned; and to prevent anyone from getting hurt, the unsafe structure needs abating. She stated she would like to defer to the County Attorney's Office to discuss the current ownership of the property and the fact that resolution to ownership is probably not in the near future; and that is why it is before the Board today.
Commissioner Infantini stated she is not opposed to tearing down an unsafe structure; it has been done in her district. She went on to say when she looked at the structure, she was not able to deem it unsafe in and of itself, and it may be lacking some windows and lawn mowing; but it did not appear to have exposed wiring to make it unsafe.
Becky Behl-Hill, Deputy County Attorney, stated the Building Official actually made the determination that it was an unsafe structure; the reason any exposed wiring is not seen is because it has all been stolen out of the house, along with the siding, doors, windows, and a good bit of the facia underneath the garage; and her understanding from the Building Official is it has opened up the structure to the elements, creating an unsafe environment, and a strong wind would blow the structure apart. She went on to say the possibility for the roof to be blown off is there as well; if the structure is allowed to continue to deteriorate that is certainly a possibility; in addition to that, there are neighbor complaints of rats traveling from the nuisance property onto other roofs; and there is a very large beehive on the side of the structure. She stated there are no reports of anyone allergic to bees in the neighborhood; but it could lead to health and safety issues.
Commissioner Infantini stated she cannot support tearing down the structure. Ms. Behl-Hill advised the other consideration for the Board is to board it up and not demolish it.
Commissioner Nelson stated boarding it up is not going to fix the problem; the bees are a problem; he spoke with some neighbors who have put up with it for a long time; and by putting a lien on the property the County will eventually get those dollars back.
The Board accepted the Special Magistrate's Order of Intent to make reasonable repairs (F.S. 162.09) for W&R Sanchez Residential Land Trust, 508 Lincoln Road, Cocoa; and authorized staff to take action to remedy the nuisance and allocate funds to perform the necessary work to bring the property into compliance.
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
ITEM VII.A.2., APPROVAL, RE: PERMISSION TO APPLY TO THE TIGER III GRANT PROGRAM FOR THE BREVARD COUNTY WELCOME CENTER CONSTRUCTION FUNDING
Howard Tipton, County Manager, stated this item originally was a Consent Item; it was asked to be moved to New Business; and staff is able to answer any questions the Board may have.
Commissioner Infantini stated she was under the impression when the Board first approved the Visitor's Center, that it was going to be coming back to the Board because it was just going to solicit RFP's; and while reviewing it, she realized perhaps it is not supposed to come back. She inquired what the cost of the structure is and the location; stated a 4,000 square-foot structure at $125 per square-foot equals approximately $500,000; if some excavating and clearing is done, $200,000 could be added; and stated it should not cost that much.
Rob Varley, Tourism Development Council Director, stated the cost of a building is not known until the architectural engineering, which is why he asked for an RFP the last time he came before the Board; it was estimated that it could cost around $2 million; the reason the Tiger III Grant is being sought is for the $1.3 million, using the matching donations from Kennedy Space Center and Knights Armament, and to end up with the Space Shuttle Explorer at the site; and Knights Armament may put a tank there as well, helping to draw people off the road. He went on to say the values of those displays well exceed $1.3 million; it will allow current funding to be used to put in reservation systems and using it for marking developments with billboards along I-95; and the more people drawn into that visitors center, the more chances there are for selling people to Brevard County.
Commissioner Infantini inquired about the survey provided being from 2004, justifying the need for the visitor complex; in the findings, it was found that the visitor complex was a good idea, but should be located at I-95 and the Beachline; but instead, it is being located on I-95 in Mims, which does not follow the study recommendations. She stated she cannot approve the project; she does not understand how $2 million was found for a 4,000 square-foot building; and inquired what estimated cost was used. Mr. Varley responded an engineering study was done by Facilities and the amount it came up with was approximately $2.5 million; it was revisited, and he thinks it is able to be built under $2 million; but the actual figure will not be known until the study reports are returned from A & E. He added, the position of where to place the visitor complex was decided after speaking with Florida Department of Transportation (FDOT) about placing it at a rest stop, and it is the perfect location to grab the people as soon as they are entering Brevard County; Mims is a great location, as it is about two miles into the County limits, and FDOT is willing to give the County a lease of $1 per year to place the visitor complex at its rest stop; and it saves the County a lot of money and is the easiest way for people to get off and on the road. Commissioner Infantini inquired why it is not being put at S.R. 528, where it was originally recommended.
Chairman Fisher replied something would have to be acquired and it would not attract traffic from I-95. Commissioner Infantini went on to say it is a huge $2 million investment, and location is the most important thing in real estate.
Commissioner Bolin stated it makes sense to her to have it located at the beginning of the County, so people can see what is available from there to the south; and if it was done half-way through the County, people are not going to want to turn north from where they just left if they are eventually heading south.
Mr. Varley advised he understands the thought of S.R. 528, but a problem with the interchange is that it is conducive to people exiting off going to the visitor center; visitors would have to go to the next intersection to get back to a certain direction; and it was a difficult situation. He went on to say there is an opportunity for S.R. 528 to be available through the County's partnership with Port Canaveral, which will be opening a welcome center at the Port; and discussions have been taking place with the Port to help assist in operating it by providing some volunteer time and making sure the County has visitor information there as well; and people will be able to be grabbed from three different areas because the visitor information center will be continuously manned at Kennedy Space Center.
Commissioner Anderson inquired if this is just an application to apply for a grant. Stuart Buchanan, Planning and Development Planner II, responded yes. Commissioner Anderson stated once the grant comes back to the Board, it will decide if it will use matching funds or not.
Chairman Fisher inquired of when the timeline might be. Mr. Buchanan responded the decision for all grant awards will be made by February 2012. Chairman Fisher inquired how long staff has worked on the visitors center; with Mr. Varley responding approximately five years.
The Board granted permission to apply the approved application for the Tiger III Grant Program for the Brevard County Welcome Center construction funding in the amount of $1,300,000.
RESULT: ADOPTED [4 TO 1]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
ITEM VII.C.1., AUTHORIZATION TO PURCHASE LAND, RE: WICKHAM ROAD WIDENING PROJECT
Scott Knox, County Attorney, stated this is a project that is required by the Viera Development of Regional Impact (DRI); The Viera Company is paying for the County to condemn a right-of-way that could not be acquired by purchase; in order to proceed with the condemnation, the County has to make a good-faith offer to the property owners by statute; and the item needs approval for the County Manager to make an offer at the appraised value.
The Board authorized staff to offer to purchase the land needed for the Wickham Road Widening Project at the appraised value using funds provided by The Viera Company; and authorized the County Manager to sign the contracts on behalf of the Board of county Commissioners.
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 GRANTING ECONOMIC DEVELOPMENT TAX EXEMPTION FOR PROJECT BOAT
Chairman Fisher called for the public hearing to consider an ordinance for economic development tax exemption for Project Boat.
Howard Tipton, County Manager, stated this item is a tax abatement ordinance for Project Boat, which is a custom plastic thermo-forming manufacturing company; currently, the company occupies 25,000 square feet of manufacturing warehouse space; an additional 3,000 square feet has been leased; it is looking to expand by 9,500 square feet, adding 10 employees, with an average pay of $38,392 over the next three years; and it is looking to make an investment on $550,000 in new construction and $100,000, for equipment purchases. He stated the tax abatement would be at 60 percent for six years, and has a value of $2,084.
There being no further comments heard, the Board adopted Ordinance No. 11-35, Granting Economic Development an Economic Development Ad Valorem Tax Exemption to Project Boat; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Chapter 196.012 F.S.; providing for proof of eligibility for exemption Project Boat; and providing an effective date.
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.D.1., REVIEW, RE: CITIZENS RECOMMENDATIONS FOR GREATER EFFICIENCY AND EFFECTIVENESS
Howard Tipton, County Manager, stated there was an amendment that took place in the Charter on November 2, 2010, that provides for a mechanism, individual, or organized group of individuals, to submit a formal written recommendation for the enhancement of effectiveness and efficiency of County government, to the County Commission; the first advertising was in July; there were 25 suggestions received from the community; today is the first time the Board will discuss the suggestions; and there needs to a motion on each item. He went on to say there are some folks present today who provided suggestions that have filled out a speaker card; and the remaining suggestions he will summarize for the Board.
RECOMMENDATION NO. 9, COUNTYWIDE BUYING CONSORTIUM
Terence Taips stated he made two recommendations; one is related to a purchasing consortium between the County and various cities, consisting of police vehicles, dump trucks, fire equipment, et cetera; and two, is eliminating employee use of official law enforcement vehicles.
Howard Tipton, County Manager, stated staff will try to expand the Countywide buying consortium; and stated not all of the police agencies might agree on a particular type of vehicle, but he sees the opportunity. He stated it would be staff’s recommendation that Recommendation No. 9 be accepted.
The Board accepted Recommendation No. 9, Countywide buying consortium.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 4, ELIMINATING COUNTY EMPLOYEE USE OF OFFICIAL VEHICLES FOR COMMUTING TO WORK
Howard Tipton, County Manager, advised the County does not have a lot of vehicles outside of public safety that are taken home routinely; the focus of the recommendation is on the Sheriff's Office; the County's Policy is reviewed regularly, with records to show usage; and staff’s recommendation would be to continue to monitor the take-home vehicle usage and make adjustments when necessary. He stated staff would offer to reject No. 4 because it specifically addresses the Sheriff's Office.
Commissioner Infantini noted the Board is not actually rejecting the recommendation, but it is outside the Board's jurisdiction.
Commissioner Nelson suggested the Board forward the recommendation to the Sheriff for his attention.
The Board directed staff to forward Recommendation No. 4 to Sheriff Jack Parker, for his attention.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 5, REDUCTION OF DOG ATTACKS WHILE INCREASING REVENUES FOR ANIMAL CONTROL OPERATIONS
David Sheriff stated he really likes the process of allowing people to share some cost-saving ideas; and he hopes it continues. He stated his suggestion is reduction of dog attacks while increasing revenues for Animal Control operations and the process Animal Control uses when dealing with animals at-large and the hurdles it goes through; he thinks a process needs to built to maximize the amount of man hours, equipment costs, creating a process maximizing hostility between neighbors, the amount of time the animal was at-large, and minimizing the effect on the person who is letting the animal roam; and stated punishing the people who are trying to stop it is not good. He went on to say a process is in place allowing an individual with a video camera to video an animal leaving its yard, and if an affidavit is signed it then gets turned over to Animal Control, so it is like a legal process that is already in place, and rather than what is in place right now with a person calling it in, waiting for letters to be sent, the problem occurs again, a visit is made by an officer, and if it occurs one more time neighbors have to have signed notarized affidavits before the County considers issuing a citation; and then they have to be willing to go to court and testify. He stated he believes it is convoluted, difficult, and leads to the fact that neighbors are not calling the complaints in because they do not want to get involved; stated it all leads to excess breeding, shelter upkeep, and an overall bad process; and inquired since the rules are in place about videos, why not have a hotline where the person who has been chased calls the hotline, a volunteer takes the video of the animal running loose, gets the affidavit signed, and then has Animal Control issue a citation; and the group should be allowed to have a portion of the monies from the citation going to the volunteer group.
Commissioner Bolin stated it would be an already organized group doing this themselves; the County would technically not be involved; and it would be something done by private citizens.
Mr. Sheriff stated the only thing that has not been approved is the sharing of the citation money; it is not a loss for the County, but again; and a better service for the citizens to get a problem to go away and money for rescue groups.
Commissioner Nelson inquired what State law allows for this process, and if the issuance of citations would generate a lot of money for the State rather than for the County. Mel Scott, Assistant County Manager, responded there is not a great deal of revenue that is generated and even less comes back to the County.
Commissioner Nelson inquired what flexibility does the County have in regards to how it sets the amounts. Scott Knox, County Attorney, stated there is a State law procedure that has to be followed, and that is why it is so convoluted; and there are some areas where it can be modified a little, in terms of investigation and the following of certain procedures.
Commissioner Nelson stated he does not know if Mr. Sheriff had the benefit of reading the staff report because it looks like it takes five times before there is any action. Kathy Beatson, Interim Animal Services and Enforcement Director, added it takes five citations before there is a mandatory court appearance; Mr. Sheriff is confusing a barking affidavit, which requires two separate affidavit's from neighbors who live in the same area, which is separate than a stray animal; and if the affidavits are not from people who are neighbors of the area, the judges dismiss the case in the courts of Brevard County. She went on to say an affidavit could be done on a stray animal, a citation can be issued, but ownership has to be verified before the issuance of a citation to someone; and there is an ordinance that states there is a fee for first, second, and fourth offenses; and the fifth offense is a mandatory court appearance. Commissioner Nelson inquired if the County keeps all of the fees or does it goes anywhere else. Ms. Beatson responded it all goes to the Clerk of the Circuit Court, and a percentage is returned to the County.
Mr. Scott stated one of staff’s suggestions was that if part of the design of the idea was to allow for special interest groups and advocacy groups to garner revenue stream from that, it would be disappointing. He stated one of the things for the Board to consider is that it would be, in essence, growing the rank and file of that incidence that is going out and policing the neighborhoods; and one of the Board's considerations with this idea is to what extent it would want to grow that policing oversight and the policing presence in this regard.
Commissioner Nelson stated he recommends having staff follow-up on the viability of the recommendation issue, because ultimately it is a policy question if the Board wants citizens running around with cameras trying to identify dogs, and if there is any money associated with its success.
The Board tabled Recommendation No. 5, Reduction of Dog Attacks while Increasing Revenues for Animal Control Operations, to a future Board meeting.
RESULT: TABLED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 23, IMPROVING EFFECTIVENESS AND EFFICIENCY OF CITIZEN INPUT
Carolyn Fausnaugh stated having this type of process is an example of citizens coming from nowhere with ideas and having things happen; she feels it is important when it happens, that it be acknowledged because so often what is heard is the bad news rather than the good news; and she expressed her thanks to staff for all of their work getting this process to where it is today. She stated a process such as this gives time to find legitimate concerns that are often beyond the knowledge of the common citizen not being quite on-the-mark because they do not understand the system, and the system is really complex of not knowing who is in charge; it gives the chance to show what people understand or misunderstand; and where there is misunderstanding it becomes usual and customary, and it is needing tweaking for an opportunity for staff to educate the public when disclosing concerns. She stated she submitted improving effectiveness and efficiency of citizen input with advisory boards; she is suggesting the Board rely heavily on the appointed boards; and stated there has not been a uniform standard for the way the appointed boards are being administered. She advised she gave graduating seniors from Florida Tech a list of advisory boards that are listed on the Clerk of the Circuit Court site, to tell her the purpose of each advisory board, and to find minutes from those meetings; there was a great deal of difficultly doing so; and that is what led her to propose the suggestion. She stated she set forth the framework for establishing an advisory board or committee; each board should have a purpose, it should be clearly stated, and there should be a web page for each of the boards setting forth their purpose, so the public knows the reasons for the board's existence; and when there is an ordinance or resolution that has established the board, the purpose of the board should be incorporated into that ordinance or resolution, so that it is very clear why that board is coming together, and what is being expected from it. She suggested there be a sunset review for all boards once every eight years because things, times, and needs change; the entire Board of Commissioners turns over in eight years; and if 12 and one-half percent of the boards were reviewed each year by a sunset committee to see if that board needs to continue, or if there are changes needing made for the purpose of the board, it would keep everyone updated, current, and aware of the wonderful work done by volunteers.
Commissioner Infantini stated she thinks it is a very good recommendation; she knows when she took office she had a hard time finding out about all of the boards she had to make appointments on, what did they do, how often did they meet, and what was it creating; and she would love to see the research from Ms. Fausnaugh's students.
Mr. Tipton mentioned Ms. Fausnaugh was on the Charter Review Commission and is credited with this particular Charter amendment; and she has been a great guidance helping to in put this together. He stated there is a Policy regarding advisory boards and inquired if this would be the place to make those changes. Attorney Knox responded yes, it is a good place for it. Mr. Tipton stated staff will be coming back to the Board with a Policy change.
Commissioner Nelson advised uniformity is extremely difficult; he thinks one thing that may be missing is even if there is a Policy followed, there needs to be a section for someone who monitors the coordination of it, so when a new Commissioner comes in, he or she can come in knowing what the boards do.
Ms. Fausnaugh added it will hopefully help standardize some of the operations so that Commissioners across-the-board can have some standard by which they all have accord that operate similarly.
The Board approved Recommendation No. 23, suggesting standards for Advisory Boards as follows: 1.) Framework for establishing a new Advisory Board or committee; 2.) Minimum standard operating procedure for all boards and committees established by the Board of County Commissioners; 3.) Advisory Board operations; and 4.), Framework for sunset review of existing Advisory Boards; directed staff to revise Advisory Board Policies and bring them back to the Board for approval; and approved a monitor for all Advisory Boards.
RESULT: ADOPTED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 17, ADOPTION OF COUNTYWIDE ZERO-BASED BUDGETING
David Pasley stated his recommendation is countywide zero-based budgeting; he would like to have the recommendation tabled; he and his group have spent a lot of time on the budgeting process this past year; and coming from the industrial/business sector what really needs to done is to follow Occam's Razor, which is the answer with fewest assumptions; and in modern day terminology it is called the Keep it Simple Stupid (KISS) theory. He stated there are folks working with the County Managers Office trying to simplify the budget process; there are many in the community who work on zero-based budgeting; and zero-based budgeting causes prioritizing of things mandatory, are nice to have, and what has to be had. He added his next recommendation is to incorporate Merritt Island. Chairman Fisher mentioned incorporating Merritt Island was looked into in 1988, and 77 percent opposed it. Mr. Pasley stated the group he is working with has spent a tremendous amount of time looking at CRA's and Dependent Special Districts; the group is continuously meeting with legislators, talking about various problems with the current process; and he cannot divulge a lot of the information at this point, but CRA's in general have multiple problems. He stated Merritt Island individuals are paying taxes to fund sewers; the CRA is kind of doing that too, with the laundry list of things coming out of the General Fund; and he inquired why there are two groups trying to do somewhat similar things, which was his main focus, and at this point, he wishes to withdraw his recommendation to incorporate Merritt Island because he thinks it is not the right answer, but he hopes there is another answer looming on the horizon.
The Board tabled Recommendation No. 17, Adoption of Countywide Zero-based budgeting.
RESULT: TABLED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 1, COMMISSION COMPENSATION AND BENEFITS
Mr. Tipton stated Recommendation No. 1, Commission Compensation and Benefits, submitted by Ilene Davis, is Commissioners and contracted employees should not be eligible for benefits other than the advertised salary; the Human Resources Director, Frank Abbate advised the Florida Retirement System (FRS) is mandatory, health insurance is part of the Board's employment package prior to the Charter adoption, and any amendments to its package would need to follow Charter procedures; and he is recommending it be rejected.
Commissioner Bolin clarified the Board of County Commissioners has frozen the salary of Commissioners; a light-county, such as Lake County has not done so, and its Commissioners are making $73,500 a year; and Brevard County Commissioners are being very conservative at $58,000 a year.
The Board rejected Recommendation No.1, Commission compensation and Benefits.
Commissioner Nelson added, if Brevard County were a State organization and not a Charter County, the salary for Brevard County Commissioners would be $83,000.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 18, INCORPORATION OF MERRITT ISLAND
The Board withdrew Recommendation No. 18, Incorporation of Merritt Island.
RESULT: WITHDRAWN [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 2, ABOLISHING CONSTRUCTION/DEVELOPMENT AND ENVIRONMENTAL SERVICES
Mr. Tipton stated Recommendation No. 2, Abolishing Construction/Development & Environmental Services, is submitted by Tom Price to abolish the Natural Resources division and let the State permit natural resource issues; and the Building Department can accept copies of licenses and insurance at the time of permit, such as other cities in the County allows.
Commissioner Nelson stated as staff continues working on the areas with previous discussion, there are some things the State does not cover in the Comprehensive Plan or in its Codes, that are continuously being worked on and identified; and he thinks it is inappropriate to arbitrarily say it is not going to do this because there are things in the Code right now that are important, and are being looked at.
Commissioner Infantini stated she sees this suggestion as a huge one; and she discussed it with Governor Scott at this morning’s breakfast meeting, that she would like to get rid of duplication of regulations.
Commissioner Anderson advised he agrees with the regulatory part; but Natural Resources handles flooding; and he inquired if that department could totally be gotten rid of. Commissioner Infantini responded it could be put into Public Works; and she will not support rejecting it. Commissioner Anderson stated he is okay with keeping Natural Resources Management, as long as Lamplighter does not flood anymore.
The Board rejected Recommendation No. 2, Abolishing Construction/Development & Environmental Services.
RESULT: DEFEATED [4 TO 1]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
RECOMMENDATON NO. 3, INCORPORATION OF UNINCORPORATED BREVARD COUNTY
Mr. Tipton stated Recommendation No. 3, Incorporation of More Areas of Brevard County, is submitted by Brian Wilkins who suggested the unincorporated areas of Brevard County be forced to incorporate or be annexed into larger cities, reducing Brevard County Sheriff Office (BCSO) requirements for larger coverage area, and the end result would be a lower strain on the BCSO, a safer Brevard, and less money spent on County services.
The Board rejected Recommendation No. 3, Incorporation of Unincorporated Brevard County.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 6, HIGH SCHOOL VOLUNTEER PROGRAM
Mr. Tipton stated Recommendation No. 6, High School Volunteer Program, is submitted by Cooper Christiano, for the program to no longer be funded by the County; the Human Resources Director, Frank Abbate advised Animal Services has the most youth involved volunteers; and Natural Resources Management has many youth volunteers as well.
Commissioner Infantini inquired how many students are actually working at the animal shelter centers. Mel Scott, Assistant County Manager, advised those statics can be provided; and it is a challenge at times to keep recurring volunteers because it is such a tough job, with incredible turnovers, but there is a new Volunteer Coordinator position in Animal Services seeing the hours increase every month.
The Board approved Recommendation No. 6, High School Volunteer Program, to incorporate volunteers into the B.R.A.V.E. Program, which includes high school students among its participants.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 7, LOWERING COOLING COSTS AND CUTTING DOWN ON CARBON EMISSIONS BY INSTALLING COOL ROOFS
Mr. Titpon stated Recommendation No. 7, lowering cooling costs and cutting down on carbon emission by installing cool roofs, is submitted by Charles Bauer; his research demonstrated on white roofs can reduce urban heating, lower energy costs, and reduce harmful carbon omissions in a manufacturing facility capable of handling 18 to 20 employees providing the product to the community. He stated the Facilities Department is not aware of the product and can continue to look at it, as Facilities upgrades roofs; and Housing and Human Services' rehabilitating of low-income housing roofs are mostly at the lower end of the priority list, and were not familiar with the product.
Commissioner Bolin suggested approving with the reservation that it be rolled into consideration when rehabilitations are done; and not reject it in theory.
The Board approved Recommendation No. 7, Lowering Cooling Costs and cutting Down on Carbon emissions by Installing Cool Roofs; and directed staff to continue research of the Cool Roofs product, for potential use on rehabilitation projects.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 8, FUNDING FOR A SPAY/NEUTER CLINIC
Mr. Tipton stated Recommendation No. 8, Funding for Spay/Neuter Clinic, is submitted by Michelle Skorzewski; the recommendation is for the Board to consider funding a spay/neuter clinic; there was funding for a clinic up until this past year; there is a $25,000 grant available from the Florida Animal Friend Group; and the spay/neuter program is back, beginning on October 1st.
Commissioner Infantini inquired if the County should be using the lady who spoke earlier that provides spay/neuter at one-third of the cost the County charges. Mr. Scott responded the spays and neuters that are occurring are being done through the Central Brevard Human Society, which orchestrates who performs the operations and the rates that are being applied; and some veterinarians are donating their services, covering costs, and the County will be reaching out to speaker who provides those services as well.
The Board approved the continuation of funding for a Spay/Neuter Clinic as submitted by Michelle Skorzewski, as funds are available.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NOS. 10, 11, AND 12, PROGRAM TESTS ONLY
Mr. Tipton advised recommendation Nos. 10, 11, and 12 are program tests only and are not actual suggestions requiring votes.
RECOMMENDATION NO. 13, RESTORING CITIZENS ACADEMY
Mr. Tipton stated Recommendation No. 13, Restoring Citizens Academy, is submitted by Jan Siren, to restore the Citizens Academy by charging small amounts, not to exceed $75 to $100 per person. He stated the response from Human Resources Director, Frank Abbate is the funding is not there; however, in working with Ms. Fausnaugh, the Florida Institute of Technology is developing a Citizens Academy that can be delivered through an online format with limited in-class presentations and operational tours; there would be no expense for the program; and he hopes to bring the online format concept to the Board during the first quarter of 2012.
The Board approved Recommendation No. 13, restoring Citizens Academy, as submitted by Jan Siren, with the amendment that staff will work with the Florida Institute of Technology to develop a Citizens Academy to be delivered through an online format with limited in-class presentation and operational tours.
RESULT: ADOPTED AS AMENDED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 14, WICKHAM PARK BEING CLOSED TO LARGE PUBLIC EVENTS
Mr. Tipton stated Recommendation No. 14, Limiting Use of Wickham Park for Large Public Events, is submitted by Jan Siren. He stated Ms. Siren is concerned about the closing of Wickham Park for large public events, such as the Runaway of Country music that took place, and believes Wickham Park should never be used for events that exceed the capacity of Wickham Park Amphitheater, which is a few thousand people at most; he believes there were some 16,000 people who attended the event; and she wants further events to take place at the Cocoa Expo. He stated the event generated $1.76 million in economic impact, which was provided by the Tourist Development Council (TDC); and he mentioned possibly another event is being worked on right now. He added, County Parks are used for a number of different events.
The Board rejected Recommendation No. 14, Limiting Use of Wickham Park for Large Public Events.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 15, ELIMINATION OF ANNUAL INSPECTION OF THREE SCHOOL BOARD FACILITIES
Mr. Tipton stated Recommendation No. 15, Elimination of Annual Inspection of Three School Board Facilities, submitted by Daniel Scheuerer. He stated the elimination of Environmental Health and Services duplication involving the County Health Department and the evaluation of three, School Board Child Care Centers, for its Teen Drop-Out Prevention Program; and the concern is the County charges a $200 fee. He added, the three participating school centers have been in operation since 1975, and never had any accidents, injuries, or a fires; there highly regulated by the Florida Department of Education, Rules, and Statues; and are annually inspected. He went on to say an inquiry was sent to Dr. Heshmati, Brevard Health Department Director; his response is in the Commissioners packet; advised the recommendation is outside of the County's responsibility, as it is a mandated inspection through the Department of Children and Families; and the County just ensures the inspection takes place.
The Board rejected Recommendation No. 15, Elimination of Annual Inspection of Three School Board Facilities.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Trudie Infantini, Commissioner District 3
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 16, MOVE RESOLUTIONS, AWARDS, AND PRESENTATIONS TO ANOTHER AGENDA
Mr. Tipton stated Recommendation No. 16, Moving Resolutions, Awards, and Presentations to another Agenda, is submitted by Patricia Pasley. He stated often, the Board will do Resolutions and Presentations at the front-end of a meeting; those can go for a while; and inquired if it is possible to move those proclamations and presentations to a single meeting, to do them all at one time, or move them to an evening meeting. He went on to say in surveying some of the surrounding counties, most of them put their proclamations and presentation at the front-end of a meeting; and he thinks Brevard County's practice is not unusual.
Commissioner Anderson stated it is his understanding that it is the decision of the Chairman of where to place those; and if an Eagle Scout is receiving a proclamation the student needs to be able to get back to school quickly.
Commissioner Infantini suggested giving the proclamation in the evening, so the student does not have to go back to school.
Commissioner Anderson added, there are problems with that as well, because of football practice and other activities students have going on; and he feels that people who volunteer their time should be appreciated up front.
The Board rejected Recommendation No. 16, Moving Resolutions, Awards, and Presentations to Another Agenda.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 19, NON EMERGENCY USE OF FIRE VEHICLES
Mr. Tipton stated Recommendation No. 19, Non-Emergency Use of Fire Vehicles, is submitted by Kenneth Deshaies; the concern is fire trucks and other Fire Rescue vehicles being used to make food runs to local supermarkets, and there should be a mandate issued regarding the use of these fire vehicles for use other than for what the vehicles were intended for; and perhaps a six-month countywide pilot program could be initiated where fire vehicles can only be used for emergency purposes, saving fuel costs. He added, Chief Larry Collins, Fire Rescue is available for further input; there are three-person staffing on the trucks; all three-person staffing goes in the case of an emergency while gone; four-person staffing gives greater flexibility; but three-person staffing is key; and he recommends it be rejected.
Commissioner Infantini inquired what took place when it was two-person staffing. Mr. Tipton responded two-person staffing went with the truck as well.
Commissioner Nelson stated his experience has been that the trucks are between runs; and Chief Collins monitors it, so there is no need for changing it.
The Board rejected Recommendation No. 19, Non-Emergency Use of Fire Vehicles.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 20, AMUSEMENT PARK/ATTRACTION ON OR NEAR KENNEDY SPACE CENTER
Mr. Tipton stated Recommendation No. 20, Amusement Park/Attraction on or Near Kennedy Space Center (KSC), is submitted by Carol Cordes; it is a private development concern; KSC is putting $100 million into Shuttle Atlantis; and it will be upgrading the Visitor Complex totaling $300 million. He stated outside of KSC, opportunities are being explored with Knight Armament to see what may be possible.
The Board rejected Recommendation No. 20, Amusement Park/Attraction on or Near KSC.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 21, AVAILABILITY OF COPIES OF CERTIFIED ANNUAL AUDITS AT ACTUAL COST OF REPRODUCTION
Mr. Tipton stated Recommendation No. 21, Availability of Certified Annual Audits at Actual Cost of Reproduction, is submitted by Dale Young, who is requesting copies of the Certified Annual Audits be made available to purchasers, at the actual cost of reproduction; and currently, distribution is on a very limited basis to County Officials, due to the cost of copying. He stated the Comprehensive Audit and Comprehensive Annual Reports are posted on the Clerk's website; and are available for downloading.
Commissioner Infantini stated most home printers have very small ink cartridges that are expensive; and she feels it can be produced at cost for the public.
Commissioner Anderson stated each office can produce the requests out of their individual offices.
Commission Nelson stated a disk can be downloaded and taken to an insta-print place; and the County does not have to be the one providing it.
The Board rejected Recommendation No. 21, Availability of Certified Annual Audits at Actual cost of Reproduction.
RESULT: DEFEATED [2 TO 3]
MOVER: Trudie Infantini, Commissioner District 3
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Trudie Infantini, Andy Anderson
NAYS: Robin Fisher, Chuck Nelson, Mary Bolin
RECOMMENDATION NO. 22, AVAIALABILITY OF CERTIFIED ANNUAL AUDITS TO COUNTY DEPARTMENTS
Mr. Tipton stated Recommendation No. 22, Availability of Certified Annual Audits to County Departments, is submitted by Dale Young; and those are available online.
The Board rejected Recommendation No. 22, Availability of Certified Annual Audits to county Departments.
RESULT: DEFEATED [3 TO 2]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Robin Fisher, Chuck Nelson, Mary Bolin
NAYS: Trudie Infantini, Andy Anderson
RECOMMENDATION NO. 24, EVENING MEETING SCHEDULE FOR BOARD MEETINGS
Mr. Tipton stated Recommendation No. 24, Evening Meeting Schedule for Board Meetings, is submitted by Penny Canales; she is recommending one Commission Meeting be scheduled in the evening at 5:30 p.m.; previously, it has been discussed by the Board to make better use of the Zoning Meetings because they are pretty short; and there could be an opportunity, if the Board would like, to move items for consideration to the evening time frame.
Commissioner Anderson stated there already are Zoning Meetings in the evening; he is okay with those; his schedule has him somewhere every evening; and it would be cutting into his district business if there are more evening meetings. Commissioner Infantini stressed it makes it so that more constituents can attend the meeting; and stated right now, meetings are being scheduled for Commissioner convenience. Commissioner Anderson stated his understanding is things can be moved to a Zoning Meeting.
Chairman Fisher advised it has been done already.
Commissioner Infantini inquired how she goes about moving items from a Regular Meeting to a Zoning Meeting; the Consent Agenda has grown tremendously, in the past 10 years, with Mr. Tipton setting up the Agenda placement, and more items are being placed onto Consent; and she plans ahead when removing items from Consent. Commissioner Anderson responded there has to be residents wanting to attend the evening meeting and not just moving them to move them to the evening; stated he has moved things that have been requested by residents to a Zoning Meeting; and he feels all Commissioner Infantini needs to do is contact Sally Lewis, Agenda Coordinator, and she will accommodate.
Commissioner Infantini stated she would like to have Consent items in other areas of the Agenda, as they are public items; and it is not just for her benefit, but for the public's benefit to discuss, so they know what the Board is voting on.
Commissioner Anderson stated there is limited attendance at Zoning Meetings; and he thinks it is fine the way it is set up now.
Commissioner Nelson stated he feels for the most part the Consent Agenda is for routine items. Commissioner Infantini stated she would be glad to go through the Consent items.
The Board rejected Recommendation No. 24, evening meeting schedule for Board meetings, with the understanding that items can be moved to an already scheduled Zoning meeting.
RESULT: DEFEATED [4 TO 1]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
RECOMMENDATION NO. 25, USE OF NON VIOLENT CRIMINALS TO WORK AT HOMES CITED BY CODE ENFORCEMENT
Mr. Tipton stated Recommendation No. 25, Use of Non Violent Criminals to Work at Homes Cited by Code Enforcement, is submitted by Penny Canales; and it is for houses belonging to an elderly or disabled person that needs paint, according to Code Enforcement, can be painted with the paint from the Landfill Recycling Center, and the labor can be done by the prisoner workforce. He stated Ms. Canales is trying to find a solution for folks who do not have the ability to come into compliance; Sheriff Parker has provided a response; it is in the Board's package; there are some strong concerns about the use of inmates in people’s homes and on their properties; and the Sheriff is not in support of this.
Chairman Fisher advised church organizations can help the elderly and disabled; and there are youth groups that do projects for the elderly and disabled.
The Board rejected Recommendation No. 25, Use of Non Violent Criminals to Work at Homes Cited by Code Enforcement.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Mary Bolin, Commissioner District 4
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 26, COUNTY MAINTENANCE OF STREETLIGHTS IN FDOT RIGHT-OF-WAYS
Mr. Tipton stated Recommendation No. 26, County Maintenance of Street lights in Florida Department of Transportation (FDOT) Right-of-Ways, is submitted by Dennis Hart. He stated the County is maintaining street lights in the FDOT right-of-ways, but it is being done by contract, and is reimbursed for those expenses.
The Board rejected Recommendation No. 26, County Maintenance of Street Lights in FDOT Right-of-Ways.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 27, HOUSING OPPORTUNITIES FOR HOMELESS VETERANS
Mr. Tipton stated Recommendation No. 27, Housing Opportunities for Homeless Veterans, is submitted by Virginia Ferguson, with evidence of the County's unwillingness to fund housing opportunities regardless of the current appraised value of the proposed properties and requiring liability insurance; Ms. Ferguson recommends potential solutions, including the State and federal funds the County receives for Affordable Housing be prioritized for non-profit providers of service to Veterans who are homeless; the County takes into account the commitment of the non-profits to own and operate the housing for 20 years, as well as provide essential services; and the County waives the requirement of acquisition costs to not exceed the appraisal.
Ian Golden, Housing and Human Services Director, stated the County's prioritizing projects for Veterans are under mandates from federal funding sources, that fair housing standards are provided, and there cannot be a choice to take one special population over another; originally during the Neighborhood Stabilization Program, that is a Housing and Urban Development (HUD) Program, initially there were questions to use all of the dollars for Veterans; and the HUD office overseeing it responded no, it would be a potential violation, and that is why 30 percent has been set aside. He stated there is history of making sure the non-profits are funded; services are provided with multiple funding sources to fund Veterans programs for the disabled, homeless, and homeless with children; and there needs to be a continuance of those types of variety programming. He stated the waiving of appraisals is not recommended; there are current Policies in place that require using appraisals to value a property before acquisition; there are regulations in place from the federal government that says there has to be a process in place to value what is being acquired; and appraisals are used in that process to make sure a fair value is had for the dollars. He went on to say if it were waived and be subject to the whim of whatever the seller is asking, there would be a chance taken to pay over what the property is worth, and thereby reducing the amount of funding that is available for other projects; and he recommends not doing so. He mentioned insurance requirements are in place to protect the Board of County Commissioners, taxpayers, and the people who are served by these types of programs; and he recommends not waiving those. He stated agency's time and effort of serving the populations is a standard requirement of these programs; there are affordability periods with all Programs, that if the County is going to use the pass-through dollars to assist a program, there has to be a guarantee that the program will serve an at-risk population for a certain number of years; and the benefit of that is the County will get housing for that population. He explained the benefit for the agency is at the end of that affordability period the property project is owned by that agency; it can choose to do whatever with it that it wants; it can continue serving that population, and it can sell it for a profit; and it is a good and fair balance between the needs of the program and the needs of the agency.
Mr. Tipton stated staff is recommending rejecting it.
The Board rejected Recommendation No. 27, Housing Opportunities for Homeless Veterans.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Mary Bolin, Commissioner District 4
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
RECOMMENDATION NO. 28, COST OF FRAMING RESOLUTONS AND AWARDS BY THE BOARD
Mr. Tipton stated Recommendation No. 28, Framing of Resolutions and Awards by County Commissioners, is submitted by Carolyn Fausnaugh. He stated there is a cost for the frame; there are multiple-time recipients; perhaps there is a less expensive way of recognizing folks; approximately $4,000 annually is spent on frames; and the suggestion is giving a paper copy of the resolution in a nice folder, with a savings of approximately $3,000.
Commissioner Infantini stated framing is not the only cost; there is time invested by the Clerk to the Board staff; and staff is at the Board's whim of whatever is requested by Commissioners.
Mr. Tipton stated it is the Clerk staff, as well as Asset Management.
Commissioner Bolin suggested the ones who receive them yearly do not need framing; the frame from prior years can be used; she has been to many businesses that have them hanging in their lobbies for all to see; and she would like those who are receiving one for the first time receive it framed. She went on to say it can be the option of the recipient if they would like to have it framed, she would like to have the option of framing it for them, those receiving yearly frames should be reused; and she suggests accepting with revisions.
Commissioner Infantini recommends each Commissioner office be responsible for the framing task, so there is more awareness of how much time and effort it takes to do the framing of all the resolutions; she agrees with Commissioner Bolin, but wants to add each Commission office be responsible for the framing, rather than passing the burden.
Chairman Fisher stated he feels Commissioner Infantini is being nit-picky; a lot of people do volunteer work for Brevard County; they save Brevard County hundreds and hundreds of thousands of dollars in some of the stuff they do; the resolution is a thank you; he thinks the framing needs to be done; and he wants to reject the suggestion.
Commissioner Infantini stated she is not saying not to recognize people; she thinks the effort of having the Clerk's staff do something that others are more than capable of putting documents in frames; and taking on that responsibility might take some of the burdens off of Clerk staff, is all she is suggesting.
Stockton Whitten, Assistant County Manager, stated the Clerk staff prepares the resolution; and Central Services staff of Asset Management frames them.
The Board rejected Recommendation No. 28, Framing of Resolutions and Awards by County Commissioners.
Ms. Fausnaugh added, if Space Coast Government Television (SCGTV) could have something broadcast to show what the awards and recognitions were, it would add value to the accommodation resolutions.
Mr. Tipton expressed his thanks to the Board for allowing the time to go over all the recommendations submitted; it is a program that will be an annual event; it was done over the summer to try and get it done this year, but doing it over the summer, during the budget timeline is not a great idea; there is no extra time to invest; it will be open for recommendations in January; and in March the recommendations will be brought before the Board annually thereafter.
Commissioner Anderson stated he feels when the recommendations are reviewed it should be done at a Zoning Meeting.
Commissioner Nelson requested in the next go around of recommendations to have staff clarify what the request is for clarity purposes so the right information and direction can be given to how to get something changed.
The Board recessed at 3:16 p.m. and reconvened at 3:28 p.m.
RESULT: DEFEATED [UNANIMOUS]
MOVER: Andy Anderson, Vice Chairman / Commissioner District 5
SECONDER: Chuck Nelson, Commissioner District 2
AYES: Fisher, Nelson, Infantini, Bolin, Anderson
VII.D.2., ACCEPTANCE, RE: AUDIT COMMITTEE REPORT FOR ANIMAL AND ENFORCEMENT SERVICES/UNIVERSITY OF FLORIDA FOLLOW UP, TIMEKEEPING AND PAYROLL PROCESS AUDIT REPORT, AND HOUSING AND HUMAN SERVICES FINANCIAL CONDITION REVIEW
Stockton Whiten, Assistant County Manager, stated the item is the acceptance of the Audit Committee Reports for Animal Enforcement, timekeeping, and payroll; and also Housing and Human Services' financial condition. He explained the process is that the contracted auditors take the reports before the Board's Internal Audit Committee, which conducts a review, and makes recommendations that are forwarded to the County Commissioners; and typically they are put under Consent on the Agenda for the Board's acknowledgement.
Commissioner Infantini stated she would like the findings and recommendations to be reviewed; an excellent job is being done on the audits and she did not want the item on the Consent Agenda; and she would like to know what was found and would like to go over each finding and recommendation.
Commissioner Nelson stated he feels the Board does not need to listen to every recommendation; it is fine with him if the executive summary could be heard, but not to go through the entire audit that is available online; and he feels the public does not benefit from the Board sitting and listening to every recommendation, including what type of soap is being used.
Commissioner Infantini stated she feels the public does benefit from hearing it; and inquired why the audits are being done if they are not being voiced to let the public know that for two years the County has made little to no improvements in Animal Control.
Chairman Fisher inquired how the internal auditors interact with County staff to work through some of the issues found. An unidentified Internal Audit Committee Member responded there is an Audit Committee used once meeting with management, the Department, County Manager's Office, and the Audit Committee consists of five members who have financial backgrounds; and it goes through each recommendation with them, has follow-ups after the audit is complete to ensure the findings have been implemented, and reports on those implementations with the Audit Committee as well. Chairman Fisher inquired if it the Board appoints the Audit Committee that the Internal Auditors met with. An unidentified Internal Audit Committee Member responded yes, there is a point of process of how the Audit Committee is appointed. Chairman Fisher stated it represents the Board as a whole; and he inquired what does staff do once it gets its information from the Internal Auditors.
Mr. Whitten noted the follow-up process is an extensive process; the follow-ups are coded and timed; there is an estimated completion date that staff is held to; and the Audit Committee holds staff to those completion dates. He stated in the Board's packet is an order of priority; it is in regards to the different audit recommendations with red, green, and yellow; but staff's responsibility is to complete the corrective actions within the estimated completion date prior to the next Audit Committee meeting or the next follow-up report to the Audit Committee.
Commissioner Bolin stated she had a meeting with the auditors, they went through the report, and they explained the follow-up process; and she is comfortable with the process.
Commissioner Infantini inquired if the conditions have improved significantly in Animal Services since its last audit. An unidentified Internal Audit Committee Member responded yes, there have been significant improvements; there is a summary page showing items opened, closed, and action deferred; and the items closed are 100 percent closed. Commissioner Infantini commented on the problems with not accurately measuring the weight of an animal; and it was noted that the weight of an animal determines if it is healthy or not.
The Board accepted the Audit Committee Report for Animal and Enforcement Services/University of Florida Follow Up, Timekeeping and Payroll Process Audit Report, and Housing and Human Services Financial Condition Review.
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
VII.E.2., APPROVAL, RE: REQUISITION OF FISCAL YEAR 2012 BUDGET - SHERIFF’S OFFICE
Commissioner Infantini stated she would like to table the item for a few months; inquired how the Board is going to decide how to build something when it could not be done for the Tax Collector and the Supervisor of Elections; and stated her recommendation is to postpone a decision until the Board has time to evaluate some different buildings.
Commissioner Nelson stated the Board is providing the Sheriff his budget; and the item funds the Sheriff based on State law.
The Board approved the Sheriff's Office requisition of fiscal year 2012 budget for one-twelfth of the budgeted funds; approved one-sixth of the budgeted funds in January 2012; and approved the equipment capital budget.
RESULT: ADOPTED [4 TO 1]
MOVER: Chuck Nelson, Commissioner District 2
SECONDER: Andy Anderson, Vice Chairman / Commissioner District 5
AYES: Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson
NAYS: Trudie Infantini
Upon Board consensus, the meeting adjourned at 3:38 p.m.
ATTEST:
__________________________________
ROBIN L. FISHER, CHAIRMAN
_________________________ BOARD OF COUNTY COMMISSIONERS
MITCH NEEDELMAN, CLERK BREVARD COUNTY, FLORIDA