MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

March 24, 2009

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 24, 2009 at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, County Manager Peggy Busacca, and County Attorney Scott Knox.  

 

 

The Invocation was given by Pastor Brent Drake, New Life Church, Viera.

 

Commissioner Anderson led the assembly in the Pledge of Allegiance. 

 

 

 

Interim County Manager Stockton Whitten recognized Brevard County employees William J. Daughtry and Jay Richards, Facilities Department; Steven W. Robbins, Fire Rescue Department; Rebecca J. Slack, Library Services; Michael B. Hadwin, Parks and Recreation Department; Larry W. Liming, Permitting and Enforcement Department; and Donald R. Anderson and Eric Citta, Public Works Department, for 25 years of service; Rebecca A. Jones and David K. Pemberton, Parks and Recreation Department; Michael R. Brooks and Clay W. Henderson, Public Works Department; and Carlton H. Hibbard, Transit Services Department, for 30 years of service. 

 

The Board recognized and presented Employee Longevity Recognition plaques to the aforementioned employees who have achieved twenty-five and thirty years of service. 

 

 

 

Commissioner Bolin read aloud a resolution recognizing 2009 Young Woman of the Year, Symone Gabriella Gibson.

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Resolution recognizing Symone Gabriella Gibson, as the 2009 Young Woman of the Year.  Motion carried and ordered unanimously. 

 

 

Symone Gibson expressed appreciation to the Board for the recognition and Resolution; and also to everyone who nominated her for the award. 

  

Commissioner Bolin read aloud a resolution recognizing 2009 Woman of the Year, Linda Molica.

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Resolution recognizing the 2009 Woman of the Year, Linda Molica.  Motion carried and ordered unanimously. 

 

 

Linda Molica expressed appreciation to the Board for the recognition and Resolution; and stated it is the Cygnet House project that is deserving of the award.

 

Commissioner Bolin read aloud a resolution recognizing 2009 Woman of the Year, Eva Schofield.

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Resolution recognizing the 2009 Woman of the Year, Eva Schofield, in the category of conservation.  Motion carried and ordered unanimously. 

 

 

Jill Blakeway, accepting the Resolution for Ms. Schofield, expressed appreciation to the Board for the recognition and Resolution; and stated Ms. Schofield is very excited about the award.

 

Commissioner Bolin read aloud a resolution recognizing 2009 Woman of the Year, Kathleen R. “Scotty” Culp.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution recognizing the 2009 Woman of the Year, Kathleen R. “Scotty” Culp, in the category of recycling.  Motion carried and ordered unanimously. 

 

 

Scotty Culp expressed appreciation to the Board for the recognition and Resolution; she would like to say a special thank you to her dear friend, Mary Bolin; and stated Commissioner Bolin advised her a week ago that she could say anything she wanted when she received her Resolution.  She stated she has been a staunch supporter of Commissioner Bolin and her late husband, Bob, for years; and she was overjoyed when Commissioner Bolin became a County Commissioner.  She stated she is truly touched by the support of her friends in Satellite Beach; her friends know she is a recycler and an environmentalist, and they nominated her for the award; and she did not want to leave Satellite Beach to travel to Viera; but she is glad she did it.  She stated when she went to the Satellite Beach City Hall for the Satellite Beach Beautification Board Meeting, word had spread and she was congratulated on her nomination; and City Manager Michael Crotty and Mayor Mark Brimer picked her up and gave her a ride to today’s meeting.  She stated she would like to have her picture taken with her friends; and she would like a print of the picture to keep for herself.  She stated she would like to say a few words in memory of her friend, patriot,  and community  activist, Bob Bolin.   She stated Hightower Beach on North A1A was just an undeveloped piece of land; but when Bob was the Mayor of Satellite Beach he and the Satellite Beach Redevelopment Committee decided to make it a park; and a groundbreaking ceremony was held.  She stated the Satellite Beach citizens wanted to do something in memory of Bob Bolin; it was decided to erect a flag pole with a plaque; and an illuminated flag will fly along the beach.  She noted the park will be dedicated and opened to the public in late Summer; stated Commissioner Bolin will raise the flag; and long may it wave in memory of Bob Bolin. 

 

 

 

Commissioner Anderson advised he will read the resolution at a ceremony on April 4, 2009 in West Melbourne; and he would like Board approval for the resolution.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to adopt Resolution proclaiming April as National Child Abuse Prevention Month and April 4, 2009 as Children’s Day in Brevard County.  Motion carried and ordered unanimously. 

 

 

Karen Locke, CEO, Crosswinds, stated Crosswinds is a non-profit organization that has been serving vulnerable young people and their families in Brevard County for over 35 years; the 11^th annual Great Duck Race is a premier fundraiser for Crosswinds; and the race will take place at the conclusion of the Indian River Festival at Sandpoint Park in Titusville at 1:30 p.m. on April 19, 2009.

 

Doug Parker, Crosswinds Youth Services, stated he is happy to announce duck season officially open in Brevard County; there are more venues available this year for people to purchase ducks; and a lot of people have already had an impact on the race this year by adopting ducks.

 

Chairman Nelson stated he wishes Crosswinds good luck this year in the fundraising; and he is looking forward to the duck race.

 

 

Ron Morgan stated he will give a quick update of a long presentation, which the Board already has copies of, on the proposed science plan for the Kennedy Space Center being coordinated by County, State and federal officials since last July.  He stated KSC was the gateway to Space, the moon, the planets, and the galaxy; and all those goals have been achieved.  He stated the concept plan includes the fact that the entire world’s dream of manned exploration of the universe  was  forged  50 years  ago  at  Cape  Canaveral  upon  the  creation of NASA in 1959;   President  Kennedy’s challenge to every American in 1961, before a Joint Session of Congress, set in motion an unstoppable chain of events.  Mr. Morgan stated America and the entire world were galvanized by the idea; all the nations on earth stood in awe when Apollo 11 rose majestically from the launch pad on July 16, 1969; and four days later everyone on the planet with a television witnessed first hand the most historic event in the history of the world, when an American astronaut placed man’s first footprint on the moon on July 20, 1969.  He stated the exploration of the galaxy is now a common practice; the end of the Space Shuttle program signals the end of the first phase in the quest to explore the universe; and now the United States will enter a new uncharted era.  He stated as the U.S. embarks into the new era, a vibrant NASA space and science initiative could ensure America’s leadership both in space and on earth for the next 50 years in the journey to the stars; stated the new quest should not focus solely on outer space and the distant planets in a galaxy far away; it must commit to solving the myriad of critical problems that the earth is facing right now; and the planet’s own survival is at risk.  He stated raising earth science and ocean science to the same level of anticipation, wonder and hope that space science now provides, will be the key to the success of the plan; and any plan for the future may not achieve the desired results if it involves only the Space Center.  He advised it should be an integrated plan involving all NASA Centers and their associated colleges and universities; it should include the International space agencies and the countries that are, or would like to be, a joint partner in a truly worldwide endeavor to explore the universe and save our own planet in the process.  He stated the Kennedy Space Center would be a historic choice to host the project in an International space and science center located either on-site or off-site. 

 

Mr. Morgan further stated existing available KSC facilities could serve as an initial home for the project; office space could be made available for each of the NASA Centers, for the International science partners and for NOAA; and the facility would be controlled under the existing KSC Integrated Logistics System.  He noted offices should also be provided for the United Nations Office for Outer Space Affairs (UNOOSA), as well as the International Committees of Peaceful Uses of Outer Space (COPUOS) and Committee on Space Research (COSPAR).  He stated the plan is designed for joint participation by all NASA Centers, with each agency contributing their unique expertise and capabilities in space, earth and ocean sciences; and the current environment of individualized goals and missions for each NASA Center could be expanded to an environment of mutual collaboration for all science goals, which would benefit all the U.S. Centers to all its citizens.  He stated the Kennedy Space Center must continue to serve as the nation’s primary space and earth orbit launce facility; but as history shows, KSC launches are continually impacted by weather, launch schedule changes, range restrictions, hardware failures, space hardware/software design change modifications and other factors that cannot be predicted and that are totally out of the Center’s control; and as a partner in a NASA Space and Science Initiative for America, KSC would achieve significantly increased operational stability.  He stated for any plan to be acceptable to Congress and the American people, it must demonstrate that NASA and KSC are just as committed to solving the earth’s critical problems as they are to solving the critical problems of space; and an International Gateway to Space, Earth, and Ocean Science, joining together members from all NASA Centers, NOAA and the International space community, would provide a global focal point for NASA’s full commitment to the next 50 years in space and science.  He stated a letter was sent to  Michael  Griffin,  NASA   Administrator,  in   2005   requesting    that   NASA   advertises   full  commitment  to  earth and  space  science  and  Blue Marble  Earth Mapping Mission and the Stardust Wild II Recovery Project.  Mr. Morgan stated an article by Michael Barkoviak indicates the U.S. is losing ground to competing space agencies such as Europe, China, Russia, and Japan; and  Mr. Griffin has said,  “We spent many tens of billions of dollars, but we were unable to choose to invest at the level that would preserve that commanding lead.”  He stated a letter is being sent to Senator Nelson, Senator Martinez, and Representative Weldon, stated a new approach is needed and the U.S. needs to think outside the box; stated space should no longer be an isolated independent goal; space science can easily merge with earth science and ocean science; and they should not be mutually exclusive, as they serve a common goal.  He advised the Board has an alphabetical list of some of the International Space Agencies; and there are 49 certified space agency partners that could be invited to the table.  He stated the University of Central Florida has sponsored the Gold Imaging Spectrograph by the UCF Research Team Project for NASA, which is lead by physicist Richard Eastes; and it will be NASA’s first science mission on a commercial satellite.  He stated the Gold Camera itself will provide improved GPS and satellite TV reception.  He stated upcoming in space science is SpaceX, which is the wave of the future and an outstanding example of venture capital innovation to support NASA’s International Space Station; stated on September 28, 2008 SpaceX made history when the Falcon 1, designed and manufactured from the ground up by SpaceX, became the first privately-developed liquid fuel rocket to orbit the Earth.  He stated Space Florida is the State of Florida’s space-recruiting arm, which continues its aggressive work building and supporting aerospace business with long-term, sustainable and viable business models.  He stated a launch complex at Cape Canaveral Air Force Station is being licensed by the State of Florida as part of a larger plan to develop a duty-free trade zone to the International Space Station; and with the Air Force, the State will rebuild Launch Complex 36 and make it available to multiple small- and medium-sized rockets capable of carrying payloads into low-earth orbit. 

 

Mr. Morgan stated with Earth Science, there is so much new science that is needed; and UCF is already involved with an $8.57 million grant for energy research.  He stated the Florida Energy Consortium will bring together researches, facilities, and technology from state universities jointly.  He stated NASA is already involved in the next generation solar power programs; the Public Service Commission, through FPL, will build three plants at $688 million, including one at the Kennedy Space Center; and project completion in Florida will be the second largest supplier of utility-scale power in the nation at 110 megawatts.  He stated another fascinating and needed Earth Science is the next generation nuclear power, which include modular transportable reactors; the Department of Energy has licensed the Idaho National Laboratory (INL) as the lead laboratory for research; and DOE also charged INL with coordinating all project efforts with industry and with the International community, which is the same scope as the KSC science plan.  He stated the Kennedy Space Center itself has a cutting edge technology in earth science that very few people know about; the name of it is Emulsified Zero-Valent Iron Technology (EZVI); and that promises a cost-effective remediation technology capable of expediting dense non-aqueous phase liquid (DNAPL) source zone remediation and groundwater cleanup.  He advised the process has been developed and patented at the Kennedy Space Center; and KSC has licenses available for qualified companies to implement this new and exciting technology.  He stated in Ocean Science NOAA is going to provide a reserve slot at Port Canaveral for docking for the new fleet; and since the last report in 2005, the Carribbean region has lost at least  50-percent of its  corals because sea temperatures have risen.   He stated the first federal ship dedicated solely to exploring the ocean is the Okeanos Explorer; it was a former Navy surveillance vessel; the ship uses satellite high-speed internet based technology to enable scientists on shore and at any command center to participate in and direct real time exploration while viewing live images; and NOAA has also just announced  eight  new  marine  protected areas in the South Atlantic to rebuild sports fishing.   Mr. Morgan stated a report by Clean Water Network of Florida provides evidence of serious infrastructure dysfunction in many communities along the Gulf Coast of Florida; on the East Coast, outflow pipes from South Florida cities are impacting the Atlantic; and the legacy to future generations hangs in the balance until new water science can be brought to bear.  He stated the Space Coast can work together with its industry partners; a key aspect of all successful technology-based market economies is the quality of the technical workforce; and the Space Coast has 40,000 highly skilled technical employees in aerospace.  He noted Brevard County also has the advantage of working together with universities, such as Brevard Community College, Florida Institute of Technology, University of Central Florida, and the University of Florida.  He stated the Space Coast provides one of the only places in the world with five models of transportation, permitting intermodal shipping by land, sea, air, rail, and space; Port Canaveral hosts the second busiest cruise port in the country; KSC has decades of experience in large ocean barge docking systems; the Shuttle Landing Facility can handle any size cargo delivery aircraft; and four other commercial airports are also available in Brevard County. 

 

Mr. Morgan stated NASA Headquarters selected Kennedy Space Center to manage several agency-wide projects, including the Interdisciplinary National Science Program Incorporating Research and Education Experience, known as INSPIRE; the project advances the stem careers, which are careers in science, technology, engineering, and mathematics; and it involves the NASA Explorer School Program, the Interagency Digital Learning Network, and the Minority University Research and Education Program.  He stated AMES Research Center has been working for years on the Upper Atmosphere Research Satellite; and that has enabled them with samplings of the ozone layer to point out that the air quality is fundamental to public health and ecosystems.  He noted Langley Air Force Base will continue to be the premier NASA center for commercial aircraft aviation research and certification.  He stated in summary, he would like to point out there is no change to the KSC launch operations charter; and KSC will continue its existing science projects, including the EVZI technology and the EZVI licensing program.  He stated access to other NASA Centers and Space Agencies will significantly boost student interest in these programs; KSC will participate in agency-wide programs and science sharing for NASA and NOAA; and as a point of history, hosting of NASA Centers at KSC dates back to the Mercury, Gemini and Apollo Programs, and has been provided for all Shuttle launches.  He advised hosting of selected colleges, universities, and U.S./International Science Associations dates back to the Apollo Missions; hosting of international companies and space agencies has been a common KSC practice on all applicable Shuttle Missions; and no change in KSC Mission Mandates would be required to continue the established practices.  He stated the initial phase of the Plan may be implemented with no KSC asset for FTE cost impact; existing staff has the hosting experience required; office space is available on-site; invited participants may provide their own office staff and technical staff, or contract with KSC or other certified local sources for qualified staff; and it would just be an expansion of what KSC has been doing for quite a long time.  He advised the KSC Concept Plan Advisory Group includes Dr. Cliff Bragdon, Roy Tharpe,  Dr. C. Shannon Roberts,  Truman Scarborough,  and Dr. Duane E. De Freese.  Mr. Morgan stated the positive impact of hosting the NASA Centers, NOAA and the International Space Partners who will be on-site will provide a significant boost to the space industry, the business community, colleges and universities, and the entire State of Florida; guest speakers form many nations would be available to the State, region, County, cities, clubs, and schools; national and international travel would be increased; and student exchange programs would be greatly expanded.  He stated the plan would not require any asset procurement and can commence on the Space Center;  it  enables  the Space Coast to do what it does best, which is host, coordinate, and communicate science and technology with engineers and scientists from around the world; and that is a practice KSC has 50 years experience with. 

 

Chairman Nelson the Board appreciates the work Mr. Morgan has been doing; what Mr. Morgan has shown is the blue print for diversification of the Space Center; that is a direction everyone would like to see the Space Center go because it cannot continue to be just the launch location; and there has to be other utilization of the assets.

 

 

Colonel Charles Butler, Vice Commander of the 45^th Space Wing, stated at 4:34 a.m. the Air Force successfully launched a Delta II GPS Satellite; there are over 20 launches schedule for 2009; and  things are vey busy for the Air Force.  He stated unfortunately, over the last several years, the Air Force has lost a large portion of the nation’s capability with respect to the market share for launch; and a lot of that is because customers have turned and gone to the European Space Agency, or Russia, because of the availability of those platforms to get into orbit.  He noted SpaceX is a pure commercial venture and has been leased Launch Complex 40; and the Air Force looks to launch a successful launch from there later this year.  He stated in addition to that, the Air Force is working with Space Florida and Slip 36 to give an opportunity to create a clean pad environment to where they can facilitate new customers coming to the range; and at the same time, the 45^th Space Wing is a good steward of its environment on Cape Canaveral.  He stated the 45^th Space Wing understands the importance of taking care of the land that has been entrusted to it; the Air Force has spent approximately $1 million annually to ensure the scrub jay habitat is safe and maintained; and that is done through a variety of means such as prescribed burns, and getting rid of exotic vegetation.  He stated the 45^th Space Wing sees the Environmentally Endangered Lands (EEL) Program as another opportunity to conserve scrub jay habitat; the Wing has a commitment of approximately $900,000 in Department of Defense funding to purchase conservation easements to protect scrub jays; this initiative is vitally important to the sustainment of the Wing’s national launch capabilities at Cape Canaveral, and the economic benefits that the space industry brings to Brevard County.  He advised continued loss of the viable scrub habitat due to growth and development of Brevard County and Central Florida has reduced and fragmented the remaining scrub jays into basically three significant areas that are all federal areas; and that would be Cape Canaveral Air Force Station/Kennedy Space Center, Ocala National Forest, and Avon Park.  He stated within Brevard County, the loss of scrub habitat is encroaching upon the Wing’s mission to provide assured access to space by increasing pressure to conserve Air Force lands needed to sustain and develop the nation’s lift capability; there  are  currently 126  scrub jay families  on the Cape;  and over 2,000 acres of land on Cape Canaveral Air Force Station that has been set aside for conservation for them.  Colonel Butler stated current U.S. Fish and Wildlife scrub jay population for Cape Canaveral Air Force Station is 300 family groups; that is a 238 percent increase; to meet and sustain that goal, all remaining scrub habitat, over 50 percent of the total land mass at the Cape would have to be placed in conservation; and the Board can see what kind of impact that would have to the 45^th Space Wing.  He stated that goal threatens to severely limit the future capability of the Air Force to attract and develop new launch programs on the Space Coast.  He stated the partnership with Brevard County to purchase and conserve scrub habitat is a win-win; for the County, it leverages available funding to conserve more land by providing matching funds; preserves the lands for recreational use and improves quality of life for Brevard residents; makes it easier to attract and retain skilled workers to support high-tech industries; and promotes eco-tourism.  He stated for the Air Force, preserving additional scrub habitat off of Cape Canaveral Air Force Station reduces the burden of recovery for the Florida scrub jay from the Air Force and other federal facilities.  He expressed appreciation to the Board for its time and service.

 

Chairman Nelson stated what Colonel Butler is saying is that if the County participates with the 45^th Space Wing in terms of preservation of scrub habitat off-site, the Wing will be able to meet its mission requirements on-site at the Air Force Base and the Air Force Station; and that protects military and civilian jobs associated with those missions. 

 

Vince Lamb stated he realizes the difficulty for the Board to look at conservation land purchases with all of the financial pressures that are on the County because of the financial crisis; but he considers the conservation land purchases are critically important even in difficult times; and in fact, this time may present some opportunities.  He noted 70 percent of the voters in Brevard County voted in favor of the last EEL Program referendum; stated he believes that level of support remains today among the public, in spite of the fact that there are a few highly vocal critics of conservation land purchases in Brevard County; and the fact that the Air Force has a source of matching funds for conservation lands is exciting.  He stated he watched 30 percent of his net worth disappear in the last year, largely with Brevard County real estate, and yet he still strongly supports conservation land purchases; and he believes many of his friends and neighbors do as well.

 

Jack Lembeck stated Brevard County is a unique place to live in; the Board is lucky to be making a decision from cooperation among environmental protection and the most powerful military organization on the earth; and at the same time, the military wants to cooperate in conserving land in an area it could take in an instant. He stated he would urge the Board to vote for the collaboration as there is no other place on earth that this could occur so peacefully. 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve the Environmentally Endangered Lands (EEL) Program to utilize the United States Air Force, Exhibit C Procedure to Acquire Interests in Real Property, and Purchase Agreement for a deed of Easement, for the purpose of negotiating Air Force funding to support conservation land acquisitions under the EEL Program.   Motion carried and ordered unanimously.

 

 

Dave Stewart stated he has been with the Brevard Adult Literacy Volunteers since 1975, and held all the major offices.  He stated in the late 1960’s and early 1970’s, Brevard County faced many economic challenges; among those challenges was a high rate of illiteracy among the citizens and a high influx of residents for whom English was not their primary language; and the volunteers formed councils in south, central, and north Brevard, to address the situation.  He stated the council with which he is most familiar is the one in north Brevard because it has kept its charter and 501(c)(3) through the library years; throughout much of the time the library could coordinate the council efforts in north, south, and central Brevard; and much was accomplished with literacy during that time period.  Mr. Stewart noted there was a literacy program in the Cocoa Community Correctional Center; there were volunteers in north, central, and south Brevard; and many hundreds of people were helped to establish functional literacy and to move into the more primary workforce, which helps the economy.  He stated illiteracy has certainly not been eliminated in Brevard County, nor anywhere else in the nation, but it is something that has to be continually fought; and stated with him is Margie Kinslow who is the current Executive Director of the Literacy Alliance.  He advised in 2001, in order to go after the Governor’s Family Initiative, efforts were expanded and the Brevard Adult Literacy Volunteers joined forces with the Brevard schools, community redevelopment, Housing Authority, and the Libraries, and there were 26 organizations altogether to form the Literacy Alliance of Brevard; the objective was to bring in more funding to be able to use teachers in the Family Literacy Program; and to bring parents and children into the Program as well as adults.  He stated for a while there was a down period because the Alliance was losing volunteers and the coordination efforts were difficult; and this was in the early 2000’s; but now Ms. Kinslow has been brought in as the Executive Director; and now the Alliance coordinates the entire County effort because the libraries cannot be funded to do the whole County efforts; and because it is an all volunteer organization, it is able to function throughout all the County with a very low budget.  He advised the Alliance’s budget for next year is approximately $6,000, all of which comes from donations, gifts, and grants; stated Ms. Kinslow receives no salary; and the Alliance is here to inform the Board and anyone else who wants to help, that it always takes donations and it is always looking for volunteers and for those who need literacy training.  He stated it is hard to reach out to people who do not read and get them to accept help to learn to read; and many times it is an advantage in their own lives that brings them to look for literacy training.  He stated the only thing the Alliance is asking the Board is to be able to use the County’s courier service; for volunteers to travel throughout the whole County uses up a great deal of gas; and if the courier service can be utilized, it would be more convenient for the citizens of Brevard County and also for the volunteers. 

 

Margie Kinslow expressed appreciation to the Board and to David Stewart who provides the Alliance’s building at 609 Garden Street in Titusville; all of the furniture and office supplies and equipment belong to Mr. Stewart; and she applauds Mr. Stewart for providing everything.  She stated the Literacy Alliance’s mission is to train and support tutors who teach adults in Brevard County to read, write, or speak English; she appreciates all of the volunteers; there are 120 volunteers at this time, but more are needed; and expressed appreciation to the library system which provides a safe and quiet place for the tutors to tutor.  She stated every resident in Brevard County is stakeholder in what the Literacy Alliance does, and not just the adult learners; the economy of the community’s foundation is reading; stated 20 percent or more of adults in Brevard County cannot read;  and this year she  was told it is 24 percent, which is a four percent rise from last year, but she could not get the documentation for that from the source.  Ms. Kinslow stated teaching adults to read impacts the workforce; and people want to know there is a workforce that will bring in and keep businesses in Brevard County so their children can stay in Brevard and not have to go somewhere else for employment.  She stated there is an intergenerational connection between illiteracy and literacy; there are lot of parents who cannot read and they cannot help their children learn to read; and the Literary Alliance is partners with the public schools, which are teaching the children while the Literacy Alliance is trying to teach the parents.  She stated the Literacy Alliance is starting a program at the Brevard Correctional Institute; a lot of inmates in the prison cannot read; the inmates are reading at third grade level or below; the Literacy Alliance is initiating a new program in the prison; and more tutors are needed in that program.  Ms. Kinslow stated it is true the Literacy Alliance has a problem transporting materials to volunteers throughout the County; the libraries are helpful, but do not have all of the materials needed; and the Literacy Alliance needs courier service between the libraries and the office.  She stated Commissioner Fisher came up with the idea of not creating another stop for the courier service, but allowing the existing stops to work for the Alliance; but the Alliance needs the Board’s permission for materials to be couriered through the courier service; and that is what the Alliance is asking of the Board today.  She stated she is concerned about at least one area in each of the Commissioners’ Districts, where there is an area where a lot of adults need to learn to read; and she would like the Commissioners to contact her regarding those areas.

 

Commissioner Fisher stated he thinks allowing the Literacy Alliance to use the County’s courier system is a great idea; and the courier service comes to his office everyday and can drop off materials at the libraries.

 

Chairman Nelson stated it is his understanding that the Brevard Adult Literacy Volunteers was previously a County program that the Literacy Alliance took over.  Mr. Stewart advised for a long time it was divided into three sections of south, central, and north; the library coordinated all the sections; but it has been organized in such a way that it is integrated.  Chairman Nelson stated he does not see any additional cost. 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to grant permission to Literacy Alliance of Brevard/Brevard Adult Literacy Volunteers to use the County’s courier system to transport material between libraries.  Motion carried and ordered unanimously.

 

 

Chairman Nelson read aloud a resolution supporting a cooperative effort for a comprehensive strategy to curb underage drinking.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to adopt Resolution supporting a cooperative effort for a comprehensive strategy to curb underage drinking.  Motion carried and ordered unanimously. 

 

Tony Sasso expressed appreciation to the Board for the Resolution.  He stated he has stood before the Board on numerous occasions, and none of them would have as much impact as what the Board has just done today in adopting the Resolution; and what the Resolution will do is give a boost to the Legislators to pass this bill this year, which is the third year.  He stated he got involved in curbing underage drinking last year; stated Senator Altman is carrying it this year on the Senate side; Representative Scott Randolph is carrying it on the House side; and it looks like it will pass.  He noted last night he received a Resolution from the City of Titusville; a couple of Titusville teenagers were tragically killed a few years ago; what the bill will do is stiffen penalties on people who sell or give alcohol, or hold house parties; and it will actually save lives. 

 

Tyler Winik stated he would like to echo what Mr. Sasso said; and he asked Chairman Nelson to present the Resolution.  He advised underage drinking in the State of Florida is an $817 billion industry; that is just the sales to underage drinkers, which is 10 percent of all alcohol sold in the State of Florida; and $396 million worth of profit.  He stated the numbers are phenomenal; yesterday, the School Board said it is estimating a $100 million loss in its budget next year; with the potential to have sports programs and extracurricular activities cut, there is a potential to have substance abuse rise; and it is important for initiatives such as this pass in the community.  He stated there is a House bill and a Senate bill; the House bill is currently going through committee right now; and unanimous approval is expected.  He stated he appreciates help from the municipalities and the County Commission.

  

 

 

Chairman Nelson stated he will read the resolution at an upcoming function to honor the basketball team.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to adopt Resolution congratulating the Cocoa High School Tigers Boys Basketball Team as Class 4A State Champions.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Bolin stated she would like permission from the Board to bring up two people from the audience who also want to discuss the issue in regard to content and why it would be a good resolution to move forward. 

 

Thomas Gaume, Director of Government Affairs, Palm Bay Chamber of Commerce, stated the Palm Bay Chamber of Commerce is in agreement with the Florida Chamber of Commerce and the U.S. Chamber of Commerce on the union card check.  He stated the United States is a democracy, where the right to vote is held sacred; part of that right to vote is to vote anonymously; and it is countries like Iran that do not allow its citizens to vote anonymously.  He stated  it is  important  that workers be allowed to  vote anonymously and  overcome the unions’ lobbyists efforts and strike it down; and it is important to the workers and the business community.

 

Franck Kaiser, Home Builders, stated he just attended a government affairs meeting at the Melbourne/Palm Bay Chamber of Commerce, which is preparing a similar resolution; and it is very important to preserve a secret ballot.  He noted all elections held in America are secret ballot, whether electing County Commissioners or the President of the United States; the American workers should not be intimidated or forced into a vote that might threaten their job or security; and he strongly encourages the Board to support the effort to preserve the secret ballot.  He stated it is not about speaking against unions, it is about giving people the right to vote in private without any threats in any way and vote their own mind, whether in favor or against; and that is what the Employee Free Choice Act is all about.

 

John Schantzen stated he is retired, but he was a member of a labor union, and still is on retirement status.  He stated he would like to ensure everybody that the Employee Free Choice Act, which is going through Congress, in no way takes away the secret ballot.  He stated the Act changes the law and decreases the penalties to those who violate the law, but the secret ballot is preserved.  He advised presently, under the National Labor Relations Act (NLRA), there is a secret ballot provision and it will continue to be a secret ballot provision; it merely says that the employees will have a choice whether they want to do it by card check, or by secret ballot; presently, only one entity has that choice, and that is the employer determining if there is a secret ballot or if they voluntarily view the card check; and the only way it changes is that the employees get to choose rather than the employer. 

 

Commissioner Fisher stated he has not seen the entire Act; he knows it is on a promotional system rather than merit; and he knows the Board made a decision on that the other day in its union; but he is not sure if Human Resources has had a chance to look at it.  He inquired if it is a State versus federal issue, and if it can supersede what is done in the State already; and he has some questions on it, but he has not seen the whole Act itself and read it word for word.  He stated his recommendation is to get the Human Resources staffs opinion on it.

 

Chairman Nelson inquired if Commissioner Fisher is suggesting the Board get a staff report on the issue; with Commissioner Fisher responding yes, because it will have the Board’s endorsement on it, but he does not understand all the ramifications.

 

Commissioner Bolin stated she will honor any Commissioner’s request for further information; it is very important to her and she feels very strongly about it; but she wants to make sure that since the Board will use it to move forward to discuss it with legislators and push them towards it, she wants the Commissioners to feel comfortable.  She inquired if Human Resources Director Frank Abbate could answer any of Commissioner Fisher’s questions at this time.

 

Frank Abbate, Human Resources Director, stated from his understanding it is an amendment to the National Labor Relations Act; it does not affect Brevard County as a public employer in Florida; the impact would be to the private sector and employers of a certain size; and so that is what the ramifications would be, but he has not had an opportunity to look at the details of the Act from the Board’s perspective, but as an employer there would be no impact.

 

Chairman Nelson stated the Board has heard there may be a conflict of what it does already; and he would like to get more information.

 

Commissioner Anderson stated he is pretty well versed and has followed the legislation; it is extremely detrimental to small businesses throughout the United States; a lot of people view it as a “pay back” to supporters of the Administration, but he is not sure whether that is true or not; and he knows he heard about the small businesses being hurt; and he is ready to support it when it comes back.

 

Chairman Nelson stated there is a Zoning meeting on April 9^th; and inquired if the Board could get a report back by the 9^th in terms of the Employee Free Choice Act.  Mr. Abbate replied yes, staff can prepare a report by then.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to direct staff to prepare a report on the Employee Free Choice Act, and reschedule Item I.I., Resolution Supporting the American Worker, to the April 9, 2009 Board meeting.  Motion carried and ordered unanimously.

 

 

 

Tom Zuba, stated he is President of the Space Coast United Soccer Club, which plays at the Viera Regional Park; and he would like to announce that his soccer club will again host the Second Annual Ovarian Cancer Alliance Matches, along with the Parks and Recreation Department, on April 4, 2009 at Viera Regional Park.  He stated the event is to bring awareness to ovarian cancer; stated his wife passed away from ovarian cancer a year and a half ago; last year University of Central Florida (UCF) and Florida State University (FSU) both said they wanted to come to Brevard County and play a match; and he realized it would be a great way to bring attention to ovarian cancer.  He noted the event last year was highly successful; this year, the event has grown quickly; and this year the UF will play FSU at 1:30 p.m. in a women’s game.  He stated last year there was 1,500 people attending, and at least that many are expected again this year.  He noted at 6:30 p.m. on the 4^th, the University of Central Florida will play the University of Georgia; and at 4:00 p.m. Florida International University from Miami, the University of South Florida from Tampa, Rollins College, and Florida Tech will play.  He stated he appreciates the cooperation from the Parks and Recreation Department.  He noted the event will probably become an annual event; with the County’s permission, Wake Forrest has said it wants to attend next year; and he thinks the event will grow.

 

 

 

Commissioner Bolin stated it is her concern when the Board does bidding for jobs, there are projects that go out for bid; and she thinks it is time to start giving local preference to businesses in Brevard County.  She stated she is proposing a staff report on how the policy can be changed so that local businesses get first preference; stated she was told that Osceola County gives a 10 percent discount to local businesses; and there are a lot of details to be worked out as to a definition of whether or not a company is local; but she thinks it is time the Board starts working towards that.  Commissioner Bolin stated she would like to direct staff to prepare a report on changing Board Policy regarding local businesses getting first preference when bidding on a project. 

 

 

 

Commissioner Anderson stated we went with Euri Rodriguez, Solid Waste Director, to landfills; Brevard County has the cleanest landfills he can imagine; everything possible is done to mitigate the odor and trash blown onto adjacent properties; and he would like to thank Mr. Rodriguez and his staff for giving him a better understanding of the complexity of landfills.

 

 

REPORT, RE: LOCAL PREFERENCE (CONTINUED)

 

Commissioner Fisher stated one thing the Board had asked Lynda Weatherman from the Economic Development Commission (EDC) to put together was something the Board can do as an economic stimulus for Brevard County; and one recommendation from Ms. Weatherman, was the County coming up with a program to help promote businesses in Brevard doing business with each other; and he would like to include that in the staff report. 

 

Chairman Nelson stated one thing interesting about local preferences is that some counties have also created a dis-incentive that if a particular county has a local preference, then when bidding in Orange County as a Brevard County business, points are actually lost; and there has also been a push-back in the local preference area.  He stated it might be helpful for staff to do some quick research to see how many counties have looked at doing that; and he would love to see local preference, but if it ends up impacting the contractors who work outside the County, that is a consideration that has to be looked at as well.

 

 

 

Chairman Nelson advised the County Fair begins on March 27 and goes through April 5 at Wickham Park; the fair goes back to the way fairs used to be with kids with animals and tents; it is an alcohol free event; it is all being put on by volunteers; and although there will be rides, it is not a commercial event. 

 

 

The Board recessed at 10:48 a.m. and reconvened at 11:04 a.m.

 

 

 

Chairman Nelson advised the following items have been withdrawn from the Consent Agenda for discussion:  Item III.A.3., Authorization of Bid and Award of Project, Re:  North Merritt Island – Lake George Stormwater Improvements Project; Item III.A.4., Permission to Bid and Award for Construction, Re:   West Cocoa Drainage  Improvement  Project; III.B.5.,  Approval by Submittal by Environmentally Endangered Lands (EEL) Program, Re:  Coastal and Estuarine Land Conservation Program Grant Proposal; and Item III.C.1., Qualified Targeted Industry Resolution, Re:  LS Enterprises, Ltd.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to adopt Resolution recognizing the first annual Space Coast Boating Week and Waterfest tentatively scheduled to be held from May 8, 2009 through May 17, 2009; and authorize the Brevard Marine Advisory Council (BMAC) Members to support and participate in organizing the associated events.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve a Contract Agreement with Florida Department of Environmental Protection (FDEP) for cost-share funding for the South Lake (Carpenter Road) Water Quality Retrofit Project, pending review by Legal and Risk Management; authorize the Chairman to execute the proposed Contract; and approve associated Budget Change Requests, as needed.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to execute Amendment 2 for a no cost time extension of Contract 07BE1 with Florida Department of Environmental Protection, Bureau of Breaches and Coastal Systems.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to authorize an Emergency Contract to construct culverts under I-95 at Lamplighter Village using Florida Department of Transportation’s contractor for the concurrent I-95 widening project; authorize the Chairman to execute the emergency contract with Community Asphalt Corporation; authorize the Chairman to execute FEMA/FDEM Contract Modification #2; and authorize Budget Change Requests as necessary.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve a sole source award; execute Contract with University of Central Florida for Brevard County Shore Protection, Marine Turtle Monitoring in the amount of $138,225.68; and approve all necessary Budget Change Requests.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to accept a Drainage Easement, located in Section 25, Township 27 South, Range 36 East, from Dr. Krishna Vara, Manager of Gemini Health LLC.  Motion carried and ordered unanimously.

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to adopt Resolution, and execute Easement, Underground Distribution Facilities Installation Agreement, and Transformer Pad Location and Specification Form with Florida Power and Light Company. Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to accept Sidewalk Easement, located in Section 12, Township 26 South, Range 36 East, from Makin’ Clams LLC.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to execute Agreement with the U.S. Space Walk of Fame Foundation, Inc., providing $50,000 from the North Brevard Recreation Special District to be used for the U.S. Space Walk of Fame, Space View Park, Apollo Monument; and authorize the Chairman to execute a Budget Change Request transferring the funds into the project account.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to adopt Resolution and execute Partial Release of and Amendment to Conservation Easement to St. Johns River Water Management District with Viera Regional Park.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to adopt an Economic Development Tax Abatement Resolution qualifying LS Enterprises, Ltd. as an eligible business under the County’s Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to adopt an Economic Development Tax Abatement Resolution qualifying NewSpace Center, LLC as an eligible business under the County’s Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to authorize permission to bid and award a contract to the lowest, qualified, responsive bidder regarding design and construction for the SCAT Melbourne Facility; and authorize the Chairman to execute the contract.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to authorize the advertisement and scheduling of a public hearing for April 14, 2009 to amend Section 106-73 of the Brevard County Code of Ordinances to authorize the operation of golf carts on a section of Jordan Blass Boulevard  adjacent to the Suntree PUD to allow travel to Suntree Elementary School and for St. Andrews Circle between the Suntree PUD and the Sawgrass and St. Andrews Isles Subdivisions and within said Subdivisions; authorize golf carts to cross certain designated  roads  in the Viera  PUD west  of I-95 and operate within the individual subdivisions; authorize operation of golf carts on Barefoot Bay Boulevard east of the Barefoot Bay Subdivision for the purpose of traveling to the shopping area located at 7960 U.S. Highway 1, Sebastian; and authorize renumbering of current paragraphs (3) through (10) as paragraphs (1)(a) through (1)(h) and renumbering of the paragraphs (1) and (2) to paragraph (2) with appropriate subsections.   Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to appoint Jim Strickland to serve on the Internal Audit Committee, with term expiring December 31, 2010.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to appoint Joni Francis Oglesby, Ph.D., SPHR, to the Personnel Council, with term expiring December 31, 2009; Joe Penovich to the Marine Advisory Council, with term expiring December 31, 2009; and reappointed Sue Nisbet-Lawrence and Chris Cook to the Merritt Island Redevelopment Agency with terms expiring December 31, 2012; and Franck Kaiser to the Building and Construction Advisory Committee, with term expiring December 31, 2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve bills and budget changes as presented.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to accept the Brevard County Annual Investment Performance Report for the year ended September 30, 2008.  Motion carried and ordered unanimously.

 

 

Mary Hillberg stated she is speaking on behalf of the North Merritt Island Homeowners Association, which has several thousand residents, including the Otter Trace Community, Chase Hammock Lakes Community, and all the residents that live on Chase Hammock Road as well as the surrounding areas.  She stated the Lake George Stormwater Project will not only mediate the severe flooding that the area has received during the recent flood, but will also protect the Indian River Lagoon, which is the most diverse estuary in North America; and if there is one thing Brevard County has, it is the natural resource draw for eco-tourism and for people and businesses moving to the County.  She stated when all the economic impacts of Brevard are laid out, a large portion of the economy involves eco-tourism and the special aspects of the unique environment; and it is an excellent project.  She stated the detailed professional research of the drainage of North Merritt Island was completed in January 2009; and she was surprised to see the topography as it was, as it impacts the residents there and any further density.  She advised the project was put together and will directly impact over 600 acres in critical locations throughout North Merritt Island; two grants have been obtained that nearly handle half the amount of the project, which is spectacular; and it is an outstanding project in which the citizens urge the support of the Board.

 

Chairman Nelson stated the presentation by staff is online; and people can visit the Natural Resources Management website to view the presentation.  He stated it was found that there were parts of North Merritt Island in the middle of the island that are about the same elevation as the river, which was a good indication as to why there was flooding issues; but staff has done a great job.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to authorize staff to bid and award a construction contract for the North Merritt Island – Lake George (Chase Hammock) Stormwater Improvements Project; authorize the Chairman to execute the contract with the lowest responsive/responsible bidder; and approve all necessary Budget Change Requests.  Motion carried and ordered unanimously.

 

 

Claire Gamble stated she and her husband own 100 acres east of Space Coast Gardens; last year when Tropical Storm Fay came through the area, they drove over to Space Coast Gardens and saw the extreme flooding due to the lack of sufficient drainage in the area; stated they invited several residents to come to their property and fill up sandbags; and they provided approximately 150 sandbags to people who were flooded.  She stated the residents of Space Coast Gardens and the Shakespeare Park area cannot afford to lose three-quarters of their possessions every time there is a storm; it is an ongoing disaster and will continue to destroy and ruin Brevard County residents living in the area until it is completely fixed; the situation needs to be fixed as soon as possible; and she respectfully asks the Board to approve the item and that the project be given a high priority and speedy completion. 

 

Jim Zuhlke stated as his wife, Claire, has indicated, they own approximately 100 acres in Space Coast Gardens; the property has been in his family for a long time; and he is well educated on the history of the property.  He stated the type of flooding with Tropical Storm Fay was not that uncommon during the 1950’s and 1960’s; several drainage projects were put in, in the 1950’s and 1960’s;  and the  drainage projects were all successful,  the ditches were maintained over a

period of years, which allowed the area to be developed into homes.  He stated since the early 1960’s up until 2004, with the massive hurricanes that have happened, there had not been the massive flooding problem in that area; and he was the only one with any flooding problems.  He stated the 100 acres was planted in nursery stock; during 2004 he lost approximately 80 percent of his trees, which was thousands of trees worth anywhere from $50 to $150 each; and even though his house a mile way did not get flooded, his financial loses were substantial.  He stated the homes that were flooded in 2004 were given a pat on the back by the County Commission, and FEMA said it was a once in a lifetime event, and the residents would never again see anything like it, but FEMA would look into it; then last year came Tropical Storm Fay; and the people who had put their life savings into rebuilding their homes in 2004 were flooded again with three feet of water in their living rooms.  He stated the County had a good drainage system, but there have been several things happen since the mid 1970’s to tax the system; there is a lot more water coming in from Rockledge, and the City of Cocoa than there was at one time; and there are limited ways for the water to get out.  He stated he appreciates the Board looking into the situation and actually doing something; and he hopes the situation can be relieved. He stated the way it is broken down into seven smaller projects, if it is bid out it will give some local contractors a really good opportunity to bid successfully on them.

 

Chairman Nelson stated there was a meeting at the Agricultural Center in Cocoa on February 24^th in which staff did a great job in presenting what the issues were and what some of the solutions were; and in both cases he commends staff because they looked at solutions.  He stated it was found out in recent years that a once in a lifetime storm can happen twice in three years; and staff has moved forward with a variety of improvements, and this is just the beginning. 

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to grant permission to bid and award a construction contract for the West Cocoa Drainage Improvement Project comprised of six separate culvert enlargements, one storm drain, and swale upgrades; authorize the Chairman to execute a contract with the lowest responsive/responsible bidder; and approve necessary Budget Change Requests.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini stated she would like staff clarification on what exactly the request entails.

 

Mike Knight, EEL Program Manager, advised the item is a grant that is being submitted by the Florida Department of Environmental Protection (FDEP); and FDEP has identified some of the properties that are within the Florida Forever Project that have been submitted by the County a number of years ago, which include some parcels that are on the north Indian River Lagoon shoreline between Titusville and the Volusia County line.  He stated in September 2008 when the item was approved by the Board for submittal, there were approximately 15 to 20 properties that were identified in the  grant proposal;  when  the grant was ranked,  it was  not ranked  high enough; and some of the recommendations were to reduce the size of the number of properties and scope of the request; and that is the essence of this particular submittal.  Mr. Knight stated he would like to emphasize that it is a grant being submitted by FDEP for federal funding, so the recipient would be FDEP, and it would utilize monies from that grant to support any acquisitions that the County decides to move forward on under the Endangered Lands Program; and if FDEP gets the grant and the County is able to negotiate parcels in the subject area, the Selection Management Committee supports it and the County Commission agrees it is a purchase it would want to move forward with, then staff would have the ability at closing to utilize approximately 50 percent of the grant funds to cover the cost. 

 

Commissioner Infantini stated her concern is she does not want to move forward on any more purchases because she saw in the Agenda Report that the Board is supposed to be spending $300,000 to remove the exotics off of 99 acres of land; that works out to $3,000 per acre; the Board still has the Hunters Brooke property at 4,400 acres; and if multiplied out, assuming the same cost bears true, it will equal $13.5 million.  She stated at this point the Board should not be looking at acquiring any more land until someone does an analysis of the total management cost; each Agenda item in the past has not had the cost associated with how much it will cost to remove the exotics; and until the Board has a handle on that, she would not recommend going forward with any more purchases.  She stated the Board needs to understand what it is going to be paying for the exotics removal on all the existing lands that have been purchased.

 

Commissioner Anderson inquired if the grant is approved, and the properties are acquired as part of Florida Forever, what will be the County’s operational maintenance requirements after those lands are acquired.  Mr. Knight replied it is his understanding that the Board would like to have that cost determined as much as it possibly can; staff is currently planning a process in which those properties can be evaluated to a greater extent; and the Agenda item would move forward approving the purchase of any parcels staff would disclose as best it could the cost associated with management.  He noted with the Johnson property in particular, the cost was disclosed because he recalls it was going to be an extensive cost associated with management and the Selection and Management Committee was aware of that; it is true that the actual cost was not identified, but it was identified as a significant cost because of the exotic species on the property; and the Hunters Brooke purchase has a very limited amount of exotic species on it, so it would not be a fair comparison between the two properties on the cost of exotics.

 

Commissioner Infantini stated the Agenda Report did not state there would be a great deal of impact; it was discussed in the discussion; but the Agenda Report does not disclose there would be a material cost, but she has seen that in the past. 

 

Commissioner Bolin inquired if the Board moved forward with the approval to submit the grant, later it will make the final decision as to whether or not to accept it, and at this point the Board is just letting it go forward to see if it is possible to get the grant.  Mr. Knight replied that is correct; the Board is under no obligation to buy the properties; at the time, the previous Board did not agree with the cost of management or the appraisals or the properties themselves, so the Board would have the freedom to choose not to purchase; and staff understands that in the grant proposal.  Commissioner Bolin stated the Board would have plenty of time between today and if it ever was approved, to make the decision and find out all the details; and what the Board is talking about today is just going ahead and seeing if it can get the grant. Mr. Knight stated that is correct.

 

Commissioner Fisher inquired when staff makes reference to fiscal impact being the potential of $1.6 million, is that coming out of EEL operation.  Mr. Knight replied what is being referenced is the amount of money that would be coming to EEL from a match, or that EEL would have to provide as a match; if it is assumed the properties cost $2 million, then $1 million would come from the EEL referendum and the other half would come from the State grant.  Commissioner Fisher inquired how much cash does EEL actually have available; and would EEL be able to acquire something else in the future if it acquires this property.  Mr. Knight replied currently there is approximately $7 million that is left available that has been bonded already. 

 

Commissioner Anderson stated he is assuming when the property comes back to the Board, staff will include the operational costs that the Board will be obligated to; stated his concern is one of the millage rates falls off that specifically covers those operations; he does not want to be stuck with something that has to be paid for in General Funds; and inquired if the Board will be able to discuss that in the future.  Mr. Knight stated when an Agenda item comes to the Board staff will identify the up front costs that have to be dealt with as far as the initial treatment of exotics; and then staff will do the best it can to quantify the annual cost of management.  Commissioner Anderson inquired of the $7 million that is remaining, can any portion be used to pay back some of the debt service that is currently on the books.  Mr. Knight replied he believes that is correct, but he will defer to the County Attorney.

Chairman Nelson stated the Xynidis property in particular has a mosquito impoundment on it; and inquired if the other properties have mosquito impoundments.  Mr. Knight stated he believes that one in that area may be the only one that is actually impounded; but he would have to look at the map to be sure.  Chairman Nelson stated he is also aware there are other issues related to the Xynidis property that are not related to the purchase issue, but that would go away; for instance, when the County bought Scottsmoor Landing there was a commitment to pave that road, which is almost a mile long and would have cost more than the land; and one could resolve many litigation issues that Xynidis has discussed with the County over the years.  Mr. Knight stated he believes only the southern portion of the Xynidis property has been identified under the subject grant; and he does not know if that road is the divider. 

 

Commissioner Infantini stated she would like to request that staff, before bringing back any more properties to the Board, do an analysis of all the existing properties the County has in inventory that have not yet had the exotics removed, so the Board can understand the cost; she knows Hunters Brooke was 4,500 acres; there are exotics on the Scottsmoor property and Ag Ventures properties, which is thousands of acres; and she would like to know the Board has in the $7 million enough money already set aside to do all the management. She stated like Commissioner Anderson said, those monies are going to go away soon and the Board will not be collecting any millage on that. Mr. Knight stated for clarification, the Board would like an analysis of all the existing properties in the initial treatment of exotics because for initial treatment bond funds can be used, but bond funds cannot be used for secondary treatment. 

 

Chairman Nelson stated there are two different sources of money; there is the capital source; and then there is the ongoing operational source, which the Board has not talked about as part of the discussion, so the $7 million is part of that. 

 

Commissioner Fisher stated the piece of property is not developable long-term; one concern is that if it is taken off of the tax roll, could there have been commercial development on it; it is his understanding that the subject property is not along those lines; and inquired if the property is adjacent to other EEL owned property.  Mr. Knight replied with those particular properties in the grant there is a mixture of upland and wetland components, so there might be some portions of the parcels that are developable, but he does not have that information today; but the majority of them are wetland components. 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to approve submittal of Coastal and Estuarine Land Conservation Program (CELCP) Grant proposal allowing the EEL Program to partner with Florida Department of Environmental Protection (FDEP), through the National Oceanic and Atmospheric Administration (NOAA) to acquire lands in the Indian River Lagoon Blueway Project area; authorize the County Manager to execute any other standard documents and amendments required by the CELCP grant for the acceptance of grant funds, contingent upon County Attorney and Risk Management approval; and direct staff to perform an analysis of all existing properties in inventory and the initial treatment of exotics.  Motion carried and ordered; Commissioner Anderson voted nay. 

 

 

Commissioner Anderson advised he voted nay because he believes the Board should be using the money to pay down debt service.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution qualifying LS Enterprises, Ltd. as a Qualified Targeted Industry business and requesting the State waive the QTI local match requirement in lieu of the County’s tax exemption match.  Motion carried and ordered unanimously. 

 

 

 

Gerald Carson stated he has lived in Brevard County since 1973; stated he is in the construction industry; and he was recently laid off.  He stated there are few jobs available in the construction industry right now, so he is looking for other ways to support his wife and three kids.  He advised he has family property that is zoned BU-1-A; he has a truck and trailer; he knows small, local farmers that he can buy from; and he would like to run a roadside stand on his family’s property.  He noted BU-1-A is a type of zoning for many small and entry level businesses, but  surprisingly,  it does not include  a simple  business such  as a  roadside stand; and in these tough economic times, people starting entry level businesses are going to need all the help they can get.  He stated he would like to request the Board add and additional accessory use to BU-1-A for a roadside stand for the County Zoning Ordinance Section 62-1481.

 

Commissioner Bolin inquired what type of roadside stand does Mr. Carson want to have, and what product does he want to sell; with Mr. Carson responding he will be buying basic produce from local farmers. 

 

Chairman Nelson inquired if Mr. Carson has talked to the Planning and Zoning staff; and inquired if Planning and Zoning Director Robin Sobrino is familiar with Mr. Carson’s request.  Ms. Sobrino replied no, she is not familiar with Mr. Carson’s request.  Chairman Nelson inquired what are the limitations of a roadside stand in BU-1-A.  Ms. Sobrino replied the first question for Mr. Carson is if the property is an improved property.  Mr. Carson stated the property has a structure on it.  Ms. Sobrino inquired if it is a business structure; with Mr. Carson responding yes.  Ms. Sobrino inquired if Mr. Carson has made an application for a roadside stand.  Mr. Carson replied he went to the Zoning Office and was told BU-1-A does not allow it, and it is only allowed in BU-1 and BU-2 zoning. 

 

Chairman Nelson stated he would like Mr. Carson to talk with Ms. Sobrino; and then Ms. Sobrino can come back to the Board if there is an issue that needs to be addressed.  Ms. Sobrino advised the Code at this time does not allow a roadside in a limited commercial business zoning; and it would be allowed in BU-1, which is General Retail Commercial.  Chairman Nelson inquired if Mr. Carson would have to apply for rezoning; with Ms. Sobrino responding affirmatively. 

 

Commissioner Infantini inquired if Mr. Carson could obtain a variance; with Ms. Sobrino responding no.  Ms. Sobrino inquired if there is a reason Mr. Carson cannot use the existing structure for his business.  Mr. Carson replied the improvements needed on the existing structure to bring it to Code are not in his budget.  Chairman Nelson stated there would be a problem anyway with access to restrooms in that building.  Mr. Carson stated he is just looking at starting an entry level business and he thought BU-1-A was for that purpose.  Chairman Nelson stated it sounds as if Mr. Carson would need to apply for a rezoning, which is no certainty, but that would be the process.  Ms. Sobrino noted there would also be the requirement of an existing business operating on the property in order to have the roadside stand co-located on the property; and stated the Code normally requires that a business needs to be conducted from within a building, and there is a provision for roadside stands that allows, under certain circumstances, to have an outdoor kiosk-type of arrangement on an improved commercial piece of property.  She stated if the property is not being used commercially at this time, Mr. Carson would need to conduct his business from an enclosed building. 

 

Commissioner Anderson stated the Board can change the Code and become more business-friendly instead of saying no.  Chairman Nelson stated there is a process in place which protects neighbors as well; while it sounds good, there are a lot of issues the Board evaluates; stated he does not think the Board is not business friendly; but there are rules for a reason; and where it makes sense, the Board can certainly look at it.  Commissioner Anderson stated he agrees Codes  are  in place  for health  and safety;  but he wants to  find out if this issue is a health and safety issue; and he will work with his staff and make a proposal that if County staff gets with his staff he will make a proposal if it is proper.  Mr. Carson stated he appreciates that; and inquired if he could have his request looked at on an individual basis.  Chairman Nelson stated the Board cannot do something for one person that it does not do for anyone else in the County; it has to be consistent and fair to all involved; but if there is anything that can be done before the end of the meeting that the Board can address, Ms. Sobrino can bring it back to the Board. 

 

Mr. Carson stated these are different times; the economy is tough; a lot of people are losing their jobs; and he thinks the Board needs to start looking at easing some of its restrictions.

 

 

 

Chairman Nelson stated there are four speaker cards related to an Item coming up later on the Agenda; and Public Comment is not for discussion on an Agenda Item.  He stated unless someone wants to talk about something else entirely, it would be more appropriate to do that under the Agenda Item itself. 

 

Lillian Banks stated she sees the Board has taken a baby step towards common sense by placing a moratorium on impact fees for two years; however, the Board has a long way to go to make Brevard County friendly for businesses; and there are many restrictions of environmental nature, such as unfriendly ordinances, permits galore, regulations, costly schools, and endless lawsuits, mostly against citizens.  She stated the County cannot compete for business when it offers tax incentives that do not match, or surpass, those offered by other interested localities; one of the County’s biggest assets is its employees of the Space Center who will be looking for jobs soon; the Board needs to hire less consultants, employ hometown qualified citizens for jobs such as a County Manager, instead of spending money for wide searches; and it is amazing how much money the Board could save.  She stated she realizes the present Commissioners inherited most of the mess; but the Board can turn things around through some bold decisions; and a good place to start is with the problem that is before the Board today.  She stated the matter never should have escalated to its present status; yes, Mr. Roberts decided to build a home; stated Mr. Roberts asked for a permit and was issued a permit; when the house was two-thirds completed the County issued a Stop Order; and this is where the County went wrong in her opinion.  She stated the Stop Order should not have been issued; the application of a little common sense and a dime’s worth of analysis would have revealed that whatever the cause of the error, the matter should be dropped; the house was already started; and today, the house would be built and all that has transpired since then would never have happened.  She stated she would like to remind the Commissioners they work for her and the rest of the citizens; and she is sick to death of how the County has been governed for years.  She stated she is going to give the Board some leeway because most of the Commissioners are new; but unless she sees some improvements, she will work tirelessly to defeat each Commissioner she thinks is dragging their feet come the next election.  She stated the Commissioners need to walk outside their offices and see what is happening; the silent majority has awakened and citizens are fighting for the Constitution to be the law of the land; and Citizens for Constitutional Property Rights has a website, and the group is fired up; and she requested the Board end the lawsuit today, as after all, the citizens are paying the bill.

 

 

 

Rick Torpy, stated he is not present to speak about Item VI.H. on the Agenda; the item was put on the Agenda at 4:40 p.m. on Friday; and he, as a citizen, cannot do that.  He stated the issue is very important, and he wants to know why the Board is allowing a very important item to be placed on the Agenda at the last minute on a Friday afternoon, when Mr. and Mrs. Roberts are represented by himself, and he was not even notified it was being put on the Agenda at 4:40 p.m.; and it is not a benign item, as it is asking the Board to take affirmative action or negative action on something that could have a multi-million dollar impact on the County.  He stated he is asking the Board to establish and enforce its rules on how items are placed on the Agenda; he is not aware of any urgency; this matter has been litigated for years; there have been several hearings; and he cannot be available to speak on the item this afternoon.  He stated he is assuming the Board wants to hear all sides of an item when it comes before it on the Agenda.  He noted he heard Commissioner Infantini asking a question of staff on a Consent item, and he thought that was great, because she wants to be informed; and he is assuming she will want to be informed this afternoon when the item comes up.  He stated he was not given the courtesy of a phone call by Mr. Knox; it is an attempt by County staff to slide something in on the Agenda without the citizens having an opportunity to be heard, without the parties involved having an opportunity to be heard; none of the Commissioners were on the Board when the item started; and most of the Commissioners were not on the Board when the most recent issue over enforcement of a settlement agreement started.  He stated the Commissioners have been informed that they are not to speak to his client about the item; he is not aware of any of the Commissioners being in the courtroom to hear what has been going on; and he has no idea if the Commissioners have read any of the court orders; but he has read the court orders and the minutes of meetings where Mr. Knox has spoken behind closed doors in executive sessions.  He stated he is asking the Board to remove the item from the Agenda and enforce its rules that he has to live up to if he wants to place something on the Agenda.  He stated Mr. and Mrs. Roberts have been asking to get on the Agenda to address the issue for weeks, and they are still not there; and his sole purpose for being present today is that he will not be present in the afternoon to address the issue, and it will not affect the outcome in court, but it may cause the Commissioners to make an uninformed decision they will later regret; and he does not want to be present when the Board makes a decision on mis-information, half-knowledge, and lack of truth.  He requested the Item be placed on an Agenda two weeks from now to give time for consideration by all parties concerned, and then make an informed decision.

 

County Attorney Scott Knox stated Mr. Roberts was informed the meeting would be held today on March 11, 2009; stated Mr. Roberts received an email from the County Manager’s office informing him it would be on the Agenda today; the Agenda item was scheduled on March 17, 2009, which was a week ago; and he does not take care of the online Agenda, which is taken care of by the Clerks Office; and so if the item did not get on the Agenda until 4:40 p.m. on Friday, it was not his doing.  He stated the item was out and available on March 17, 2009; it was distributed to the Board the next day; he understands Mr. Torpy being upset if he did not see the Agenda item until Friday because he was online on the Clerks website and he may have a case for asking for postponement; however, the presentation is a response to a court order which requires the County to respond to Mr. Roberts’ claims.  He noted Mr. Roberts appeared on January 13, 2009 with a box full of documents supporting his claims and presented it to the Board at a meeting after the Board concluded its business; his staff has gone through the box and evaluated all the documents and has prepared a recommendation to the Board based upon those documents; and it is up to the Board as to whether or not it wants to continue the matter to let Mr. Torpy have a chance to come back and speak on the documents.  Attorney Knox stated it is a response the County has to make to a court order; and what Mr. Torpy has to say about it can be hammered out in court, because that is where it is going to end up. 

 

Chairman Nelson inquired of the timeframe in terms of the response.  Attorney Knox replied Mr. Roberts presented his documents on January 13, 2009; it is now two months later; staff has had a chance to go through all 2,293 pages and evaluate it for the Board; and he does not think it would hurt to wait two more weeks if the Board wants to do that.  He stated in the long run it does not matter what Mr. Torpy has to say about it unless the Board wants to hear from him.

 

Commissioner Anderson stated other than the resolution, his concern is that he wants to make sure the Board hears the Roberts’ side; and that is only fair.  He stated Mr. Torpy has a schedule conflict and cannot be present for his clients; and he would recommend postponing the item to the Board, but it is up to the Board as a whole. 

 

Chairman Nelson stated the next regular meeting is April 14^th, but there is a Zoning  meeting on April 9^th; and inquired if staff has an idea of how heavy the Zoning Agenda will be.  Commissioner Anderson stated he could not be present for the Zoning meeting.  Chairman Nelson stated in that case, it would have to come back on April 14, 2009. 

 

Commissioner Infantini stated she too, wants to hear both sides; stated she has researched and read a lot of the documents because there was information presented, and she wanted to verify that the information was as presented; and she would like to postpone the item.

 

Mr. Torpy stated the Court Order was issued in October; he was directed to provide the information supporting the Roberts’ claim to the Court in October; there is a court document showing that was done; stated Attorney Knox denies that the 2,000 documents he referred to was reviewed by Assistant County Attorney Morris Richardson two years ago in his office. 

 

Chairman Nelson stated his concern with postponing the item is that Mr. Roberts is using his right, in effect, to fight the issue through the media; the Board is constrained in what it can do, but yet on AM radio it is being played out; and that is a disservice to the Board to have to deal with that because the Commissioners cannot comment.  He inquired if the Board can expect that same level of respect from Mr. Torpy’s client.  Mr. Torpy replied Mr. Roberts has gone to the media because he repeatedly attempted to get to the Board; and the Board can expect that level of respect as long as Mr. Roberts gets the same in return.  Chairman Nelson stated he would ask that in the two week period that it not be played out in the media because it is a litigation issue.  Mr. Torpy stated had Mr. Roberts not gone to the media, they would not be there today.

 

Commissioner Fisher stated it sounds like a court is going to need to decide the issue.  Mr. Torpy stated he does not agree with that; and he thinks if the Board could hear the issue, there might be the opportunity for a compromising resolution. 

 

Chairman Nelson stated the Board has agreed it will discuss the Item on April 14, 2009, although he agrees the Item was available sooner than Friday at 4:40 p.m.; and staff will look into the issue.  Mr. Torpy thanked the Board for consideration.

 

Commissioner Bolin inquired if the Board could give the item a time certain on April 14^th.  Chairman Nelson stated he will make sure there is a time certain.

 

Commissioner Infantini stated just as she looked over the documents being presented by County staff, she would like information from Mr. Torpy given to the Board before hand so research can be done; and she likes to compare all documents a week in advance so that she is prepared.  She stated for the record, the Board received the Advanced Agenda on March 17^th; she looked it up when she saw the Board received a revised Agenda at 4:40 p.m. on Friday; and when she checked she saw the Agenda item was received on the 17^th.  She stated the Agenda item was sent out to all the Commissioners and it was on the Advanced Agenda. 

 

Mr. Torpy stated there are a lot of documents in the case, but he will prepare a summary for Commissioner Infantini; and if there is anything else she needs, he will get it to her right away. Commissioner Infantini stated she would like the supporting documents to the summary.  Chairman Nelson inquired if Mr. Torpy has a copy of all the information the Board has.  Mr. Torpy replied he believes so; a public records request was made and he received a disc at 1:30 p.m. yesterday; and he has not had an opportunity to look at the disc.

 

Attorney Knox stated he would like to read from the Court Order so that Mr. Torpy understands what actually happened.  “Once the projected and actual costs are submitted to Brevard County, Brevard County will have the reasonable time to determine if there are verifiable additional costs of materials and labor directly attributable to the Stop Work Order issued on March 25, 2003.”  He noted the documents that were presented to the Board were in response to that part of the order, they were not to be presented to the Court first. 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to table Item VI.H., Reject Escalation Claim and Adopt Resolution Regarding Roberts v. Brevard County, to the April 14, 2009 Board meeting at 10:00 a.m.  Motion carried and ordered unanimously.

 

 

 

Peg Zabinski stated she is the legal counsel for Aging Solutions, the Office of Public Guardianship.  She stated she has met with most of the Commissioners; and at this point she would like to turn the comments over to Tamara Cribben, the Executive Director of Aging Solutions.

 

Tamara Cribben stated she is back before the Board to present some information that was discussed during the individual meetings.  She advised Aging Solutions serves as the County’s Office of Public Guardianship and serves incapacitated adults who are in need of legal representation; and when an individual, due to HIPAA is not able to give informed consent for procedures or to sign to go to the next continuum of care, then the hospital system is stuck until someone can sign moving them along the continuum of care.  Ms. Cribben stated she would like to present, and follow-up with the actual Medicaid bill, that Aging Solutions can serve an individual for $2,500 per year for the full services of guardianship representation; the Medicaid system is 50 percent federally funded, and 50 percent State funded; and the State of Florida then passes back 30 percent of that responsibility to the Counties to pick up.  She noted on the individual the Study was done on, the 30 percent, the actual one day bill on the individual was $4,513; stated 35 percent of that is $1,579; and if taken from day 10 to day 45, which is the part the County is actually responsible for, that comes out at 35 days to be a total of $55,284 that the County is picking up for that individual.  She stated if that can be avoided by funding Aging Solutions at the rate of $2,500 per individual, then that actually saves the County true dollars in avoiding the hospital days.  She stated one of two areas where Aging Solutions could come back in the budget is that the County’s Office of Public Guardian was actually funded during the cut-off period and she would ask the Board to consider Aging Solutions as the County’s Office of Public Guardian in the funded entities prior to it being closed; the other request would be how can it be opened for Aging Solutions to be considered for funding; and the last request would be for Aging Solutions to be an individual line item if it cannot pursue the first two options, in order to receive funding from the County.

 

Commissioner Infantini stated she asked Aging Solutions to come to the meeting today because she saw an Agenda Item in which someone was asking for $66,000; and she did some research because she could not figure out where the money was coming from, and why Aging Solutions was not being invited to share in the pool of $1 million the Board gave away.  She stated what she found in her research was that the Department of Housing and Human Services has been directed to stop receiving any new applications or RFP for any Community Based Organization (CBO) after 2005; stated while the Office of Guardianship was originally on the 2005 list, once the Board stopped funding that organization for other reasons, Aging Solutions has not been allowed to be included in that; and she wanted to bring it to the Board’s attention because she did not know it was not accepting applications.  She stated when the Board voted on the 21 organizations to give them $1 million, she thought it was out of an infinite pool; she did not realize the application process was closed so that nobody new could apply to be considered; and she would like to ask the Board to re-open the RFP process so that it is not limited to the 21, but rather the 21 most beneficial organizations. 

 

Commissioner Fisher stated he became aware early on that the pool was closed; it was a direction by a previous Board; but he knows of an organization that is interested in getting its name on a list to be considered; and he is not sure why that pool is limited. 

 

Commissioner Bolin stated she would like to hear from Housing and Human Services Director Gay Williams, the philosophy behind closing the pool; stated the Board is not talking about funding Aging Solutions, it is just discussing the process at this point; and she wanted to make that clear because it is a budget issue.  She stated the Board is trying to go back in history and recall the reasoning of the limitation on the BCO agencies ability to apply. 

 

Housing and Human Services Director Gay Williams stated the Board closed that process in 2005; at that time, there was an agency which was not the Office of Public Guardianship that actually applied; and that agency was Brevard Guardianship Services.  Commissioner Bolin stated  the  Board is  not going to  discuss the  worthiness  of Aging Solutions;  and the Board is talking about the history of why the Board of County Commissioners in 2005 closed that list.  Ms. Williams advised at that time, the Board decided the overwhelming need always exceeded the amount of funds that were available to assist groups or to buy the services that the Board was interested in; at that time, the Board felt as if the service needs, or the needs as they were coming forth were being provided by the agencies that were all on the list; and so to preserve and keep the list from continuing to grow, the Board closed off those lists, and those were the services the Board would continue to provide for the residents of Brevard County.  Commissioner Bolin stated by anticipating the possibility of opening it up, the review of any new organizations would be done by a separate group of people and not the Board, to make the determination of what gets funded; and she wanted to make clear that it is a separate group that looks at all of the requests.  Ms. Williams stated that is correct. 

 

Commissioner Infantini stated the tape recorded transcripts reflected the reason why the Board in 2005 closed the applicants was because it wanted to stick with proven organizations; and so the organizations it had already accepted had a proven track record; and rather than branch out with some new organization that did not have a proven track record, which does not apply to Aging Solutions, but that was the logic that was given.  She stated the motion passed, and then someone injected at the last minute, “no new applications”; and that is how it went forward.  She stated she does not think there was a great deal of thought put into it; and perhaps the current Board should revoke that.

 

Commissioner Infantini stated she would support revoking the no new applicants rule. Commissioner Fisher stated he would support it also with some modification; and inquired if there is a set of standards as far as who can apply.  Ms. Williams advised there is an RFP process in which the organizations fill out the application and have to identify how it connects to the Board initiatives through the planning pieces that the County Commission has provided oversight for services in the community; and so there is a Commission on Aging that certainly this would be an initiative that would fall in line.  She stated there is also an initiative by the Commission for the Community Mental Health and Community Solutions; and that is an initiative that Aging Solutions would fall in line with as well.  She noted there is a process, there is an RFP, and they do fill that out, and they do speak to the separate boards; and then those separate advisory boards then would prioritize what they believe would be the needs, and then they would bring that forward to the Community Action Board.

 

Commissioner Fisher stated he would like to see those set of standards; and inquired if there is a timeline for how people apply; with Ms. Williams responding affirmatively.  Commissioner Fisher stated he does not know how the Board can take taxpayers money and say one particular organization is not able to apply for that grant money; it does not seem fair to him; and that is why it is important for him to understand how an organization can apply.

 

Chairman Nelson stated he also has had some concerns over the closure because he believes it needs to be evaluated on an annual basis, as difficult as that is; and he does not have a problem opening the process up.  Commissioner Fisher stated there are two different issues; one issue is opening up the process; and the second issue is what the impact would be.

 

Ms. Zabinski stated the number one issue for the Community Based Organizations is the elderly and senior issues; and secondly, for the proposed budget for 2008/2009 there are only 17 organizations on the list.

 

Chairman Nelson stated he agrees with Commissioner Fisher, Ms. Williams needs to either brief or provide information to the individual Commissioners on the process itself; but he thinks the Board is going to take a vote to open it back up. 

 

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to allow the Department of Housing and Human Services to revoke the “no new applicants” rule and accept new applications and RFP’s for Community Based Organizations; and direct staff to provide the Board with the set of standards for the process along with a timeline for how organizations apply.  Motion carried and ordered unanimously.

 

 

 

John D’Amico, Deputy Mayor, City of West Melbourne, stated he would like to invite the Board to three ribbon cutting ceremonies in West Melbourne; next Tuesday at 5:30 p.m. there will be a ribbon cutting for the long-awaited Florida Avenue; next Wednesday at 8:30 a.m. there is a ribbon cutting at the new Kohl’s department store; and that is followed at 9:00 a.m. with the grand opening and ribbon cutting of Hammock Landing Shopping Center.  He advised he is present today regarding the Hollywood Boulevard situation; there have been problems throughout the years; and it has affected the citizens of West Melbourne, Palm Bay and Melbourne.  He stated the County has been working on the issue for the last couple of years and has acquired property; engineering work has been done to finally see some results in improving the safety situation; and as everyone who travels Hollywood Boulevard knows, the traffic can get backed up for miles.  He stated the County will close the current entrance to Hollywood Estates and will open a new entrance onto Henry Avenue, which would allow a faster flow of traffic on Hollywood Boulevard; and he is here today to urge the Board to do all that is possible to expedite the completion of this project and other areas of Hollywood Boulevard that need work.  He commented on another area of concern at the Barnes and Noble on U.S. 192. 

 

Commissioner Anderson expressed appreciation to Mr. D’Amico for addressing the Board; stated Hollywood Boulevard is a multi-jurisdictional road, with two Commission Districts, and three cities; and he avoids Hollywood Boulevard at all costs.

 

 

Maureen Rupe stated regardless of the controversial issue of impact fees, the process by which the Board placed a waiver on impact fees has her concerned; at the February 26, 2009 Workshop during the discussion on impact fees, the Board voted to declare a State of Emergency in Brevard County in order to rescind impact fees immediately; the Board directed County staff to come up with an ordinance the next week; there was no indication prior to the Workshop that the Board was going to take any action; and if there had been, there would have been many more groups of people speaking who support impact fees.  She stated during the Workshop, discussion was directed at commercial impact fees and it was voted to have the moratorium to begin retroactively on March 1, 2009; and at the next meeting, the Board expanded the scope of the moratorium to include residential transportation impact fees for the next two years.  She stated she understands it is always the Board’s prerogative on the decisions made at the end of the process; under State Statute 17, Chapter 252, emergency management, any level of government can declare an emergency and implement, administer, adopt, amend, rescind rules, programs, and plans needed to carry out the provisions required for the emergency; and in this case, the Board bypassed the rule requiring a public hearing, and implemented the new policy.  She stated everything was done in the matter of a few minutes from the County Attorney telling the Board it could declare an emergency to have it done immediately; and she feels the Board should not bypass public input without addressing the serious impact of rights on the citizens.  She stated citizens have a right to feel secure that the Board has thought out the implication of its decisions; and the citizens have a right to be heard on concerns and suggestions.  She noted to identify one aspect of impact fees as an emergency when there are so many aspects, and the County is in a crisis, has her concerned; historically, in Brevard County, emergencies have been hurricanes, wildfires, and floods; and according to the State, an emergency is a disaster normally a threat to life and limb, and can be technical failure such as a utility failing.  She stated there is a bill in the Florida Senate right now introduced by Senator Bennett of Bradenton to implement a moratorium for three years on impact fees, but it is making its way through the recognized process, not by declaring an emergency; and if passed, it will be implemented on October 1, 2009.  She stated there is no data to date to show how a waiver of impact fees will stimulate the economy; but it is known for a fact that it will put the burden of infrastructure on the backs of the taxpayers; and she feels it is a dangerous precedent when local law makers can declare a very debatable issue, an emergency, suspend laws, and bypass public hearings.  She stated she feels the Board has lowered the threshold of what is an emergency and has opened the process up to a lot of things that could bypass the public hearing process; the State has no clarification of an emergency, and it is left to the local officials; and she is here today to request the Board ask the Attorney General for an opinion on the clarification of an emergency.

 

 

 

Chairman Nelson called for a public hearing to consider Maintenance Dredging Public Interest Determination for Diamond 99 Marina. 

 

There being no objection heard, motion was made by Commissioner Bolin, seconded by Commissioner Infantini, to approve the request that the Board find the proposed maintenance dredging in the Diamond 99 marina basin to be in the Public Interest in accordance with Chapter 62, Article X, Division 3, entitled Surface Water Protection.  Motion carried and ordered unanimously.

 

 

 

Chairman Nelson called for the public hearing to consider Public Interest Determination for Florida Power and Light Company, Cape Canaveral Energy Center.

 

Chairman Nelson stated there were some emails from people who were confused and thought the County was spending money; but it is not spending money; and it is an FPL expenditure.  He stated the Board will be happy to see the plant replaced with a plant that does not cause the kind of pollution that has been seen.

 

Commissioner Fisher stated it is a great project and it is going to increase the tax base for North Brevard. 

 

There being no further comments or objections, motion was made by Commissioner Fisher, seconded by Commissioner Anderson, to approve the request that the Board find the proposed conversion of the existing 43-year old FPL Cape Canaveral Plant to a lower-emission, clean energy center to be in the Public Interest, thus allowing FPL the ability for (1) maintenance dredging, (2) surface water protection buffer impacts, and (3) wetland impacts.  Motion carried and ordered unanimously.

 

 

Chairman Nelson called for the public hearing to consider ordinance amending Section 62-1153(a) of the Zoning Regulations to provide for Administrative Waiver of Setbacks for Swimming Pools and Screened Enclosures. 

 

There being no objections heard, motion was made by Commissioner Infantini, seconded by Commissioner Anderson, to adopt Ordinance 09-10 amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1153(a), providing for Administrative Waiver of Setbacks for Swimming Pools and Screened Enclosures; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances.  Motion carried and ordered unanimously.

 

 

Chairman Nelson called for the public hearing to consider resolution vacating a portion of Utility and Drainage Easement in Ocean Oaks Subdivision – David Scott Caddell.

 

John Denninghoff, Public Works Director, advised Florida Power & Light has objected to the vacating request  on the basis  of some of their  facilities being located too close to the pool that would be subsequently constructed; Florida Power & Light had given a cost to the petitioner of $4,000 to relocate the power line; and the petitioner has not agreed to that at this point, and he is seeking legal advice on whether or not to seek legal recourse with FP&L regarding that matter.  He stated staff does not know when the issue will be resolved; and rather than continue the item, it is requested that the Board deny the request, and let the petitioner re-file in the future.

 

There being no further comments or objections, motion was made by Commissioner Anderson, seconded by Commissioner Infantini, to deny the petition to vacate a portion of the public utilty and drainage easement on Lot 24 in Ocean Oaks Subdivision; and advise that the applicant may re-file a petition again in the future.  Motion carried and ordered; Commissioner Anderson and Commissioner Infantini voted nay.

 

 

 

Chairman Nelson called for the public hearing to consider amendment to Developers Agreement with M95, Et. Al.

 

There being no objections heard, motion was made by Commissioner Anderson, seconded by Commissioner Fisher, to approve request from Melbourne 95 New Haven, LLC to amend the Developer’s Agreement with Melbourne 95 New Haven, LLC; Echo Trading Company, LLC; Floridana, Inc.; James E. and Barbara Fulcher; and the City of West Melbourne as approved by the Board on July 29, 2008; authorize the Chairman to execute the Amendment on behalf of Brevard County; and authorize the Budget Office to implement all necessary budget changes.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson called for the public hearing to consider approval of the First Quarter Supplemental Budget for Fiscal Year 2008-2009.

 

Commissioner Infantini inquired how the Board is approving something that was approved on August 8, 2008.  She advised on Page 34, the EEL Program is requesting a supplement to its budget of $156,000, and it is for the acquisition of the Balkany Land; and for the option agreement for sale and purchase with the Nature Conservancy, it says the option the prior Board approved, the sale and option, must be exercised on or before August 8, 2008.

 

Interim County Manager Stockton Whitten advised the budget transfer has already occurred; but it is not known if the purchase action has occurred.  He stated in essence, what the entire package is, is ratifications of decisions that were made earlier; the dollars were actually received and  placed  in the  budget;  and  Mr. Knight  would  have  to  answer  as  to  whether or not that transaction has actually occurred.  Commissioner Infantini inquired if the Board is not transferring it until the first quarter, did that not happen after August 2008; and stated she does not understand how the Contract went forward if the Board did not actually purchase it, or why it is just now being paid for. 

 

Don Lusk, Parks and Recreation Director, stated staff needs to look at the item, as staff does not always get the billfolder; and he can take a look at it during the break and be able to give the Board a better answer.  Mr. Whitten stated he would like to clarify what the supplemental budget is; stated they are actions, the recognition of the balance forward has already occurred in October 2008; the dollars are recognized and placed into that account within the budget; and the whole entire package is the ratification of those amendments that have previously occurred in the budget.  He stated he cannot speak to whether or not the transaction has occurred; but the Board is not approving the transaction today, as it is just ratifying the amendments to the budget that have already happened.

 

Commissioner Infantini inquired if she cannot say no, then why is she being asked for permission.  Mr. Whitten replied it is required by State law.  Chairman Nelson noted by State law, the process does not allow the Board to change it at the time the decision is made; the Board routinely makes those decisions that when it comes up for supplemental, it will make those changes.  Mr. Whitten stated there are budget change requests that are in the Board’s package today that it will ratify at the mid-year budget supplemental; and State law requires the Board ratify those, or adopt those, in a public hearing, during one of the supplemental processes.  Commissioner Infantini inquired when the Board originally saw the item.  Mr. Whitten responded the Board date was July 29, 2008. 

 

Commissioner Fisher stated to clarify, what basically happens is a budget is set in July that goes into effect on October 1^st; then the Board decides to buy something, or fund something, that was not part of the original budget passed on October 1^st; and then six months later it comes back for the Board to ratify the budget.  Mr. Whitten stated that is correct; there are pieces and parts of the budget that are amended each week; the entire budget is amended through the supplemental process; each week the Board is moving dollars around and getting dollars in, which may affect a different department; and then all of those actions are ratified and the entire budget is amended during one of the supplemental processes.

 

There being no further comments, motion was made by Commissioner Fisher, seconded by Commissioner Bolin, to approve the First Quarter Supplemental Budget for Fiscal Year 2008-2009; authorize the Chairman to sign the Resolution; and approve the budget changes and such actions as are necessary to implement the adopted changes.  Motion carried and ordered unanimously. 

 

 

 

Jake Wise, Civil Engineer for the project, stated 45 days ago the Board granted an extension for the project; two weeks ago the Board had an updated memo that indicated some issues had not been worked out; but since that time, just about every detail has been finalized with County staff; and as of today, there is a bond in place.  Mr. Wise stated the Donaldson’s have one comment on the bond, which is that they want the description changed slightly; he needs to make sure the attorneys are happy with the way it is done; and the bond is in at 125 percent of the cost for the Contractor to finish the project, which satisfied one of the major conditions.  He advised it is important to know that the neighbor to the north has been very concerned with their water service, which was cut off at one point because it went through the subject property; there was also a driveway that went through the subject property; and if allowed to proceed, the first two issues that will be addressed are to restore the driveway and restore the water service.  He noted the Contractor is local, and he obtained the bond for the project; the Contractor has been in business for 20 years; and the majority of the investment dollars are all local dollars.  He stated he respectfully requests, with staff support, to be able to move into the construction phase of the project; stated at the last meeting he told the Board everything would be completed within 120 days; and the Contractor is still committed to doing that as soon as he receives a final notice to proceed, once the bond is already worked out. 

 

Chairman Nelson inquired in terms of information staff has, is it sufficient to be able to proceed with the project based on the Board’s previous discussions.  Ed Lyon, Permitting and Enforcement Director, replied yes; as mentioned earlier, there is a bond that the County Attorney’s office needs to approve; there are some minor things that need to be verified and checked because they came in at last minute; but everything is in place.  Chairman Nelson inquired on the issue of the improvements that were promised to the Donaldson’s, what timeframe would that be done in.  Mr. Wise stated the contractor will begin immediately.  Chairman Nelson inquired if it can all be completed in two weeks.  Rick Waelti, General Contractor for the project, stated if the Board grants a notice to proceed, the improvements will be completed within 48 hours.

 

Judith Donaldson stated she has heard the words, “we are ready to proceed” for two years; her property has been in the family since 1890 and is adjacent on the north side to the Waters Mark Subdivision; and the Donaldson’s are requesting that the Board honor the commitments made by Waters Mark Development to the Donaldson’s and also to restore the original access driveway to her property, and restore the road frontage, which has been under water due to Waters Mark’s failure to prepare the site properly.  She stated Waters Mark approached her family on numerous occasions in 2005 to purchase their property, without success; she was given the opportunity of living in Waters Mark Subdivision in a 6,000 square-foot home, but she declined; she and her husband, Charles, have lived a quiet and simple life in the home place Charles’ grandfather built in 1905; and they had no desire to change their way of life.  She noted their lives changed in May 2007 when the Waters Mark site preparation began; she and her husband lost access to their property; their driveway, which had been used and maintained as a prescriptive easement since 1890, was taken away; the only access they have to their property is via the neighbor’s driveway, and crossing 150 feet through a field to access their residence. She advised during site preparation in May 2007 her waterline was destroyed; she was without water for 11 days; and she and her husband had advised Waters Mark on the day they disconnected her water.  She stated her family was without water for 11 days; they had to rely on their neighbor to the north for water; their waterline was basically an above-ground PVC pipe and a water hose for two years;  there was sand blowing onto their property  and into their home from 30-foot sand piles that were left standing during site preparation; Waters Mark’s property was the highest point in Central Merritt Island, sloping up to eight feet above their property; it is now 10 feet below their property; and for four months there were 145 truck loads of sand being transported daily from the site and being sold to other developers throughout the County.  Ms. Donaldson stated she and her husband were very patient believing the promises of Waters Mark development that the issues would be rectified; due to the stress she encountered over the issues in the two years with Waters Mark Development, on February 13, 2009 she was hospitalized for 11 days; it has been two years since Waters Mark Development has not fulfilled their commitments; their lives were a living nightmare until they met Commissioner Chuck Nelson at the Cocoa Library in May 2008; stated she only brought up the issue of the sand blowing into her home place; within two days, Commissioner Nelson rectified that problem; in the ensuing months, she met with Commissioner Nelson and his staff and told them about all the other issues that they had been dealing with; and Commissioner Nelson’s office too, received empty promises from Waters Mark Development to fulfill their promises.  She stated on Friday, October 14, 2008 the neighbor that they were receiving water from for two years cut off the water supply; she went to the Water Department only to be told that Waters Mark had guaranteed that they would not be cut off from water two years prior, and that they would not have given them the rights to water had they known that her family had no water for two years; she then went to Commissioner Nelson’s Office and talked to Ms. Alward again; and this was at 5:00 p.m. on a Friday, and they had no water.  She stated Ms. Alward called her back at 5:15 p.m. and had a water meter delivered to the Commissioner Office and contracted with Gator Environmental to put a water meter in, which is on Waters Mark property, and run a temporary PVC pipe to thier property; and she has a garden hose again for water.  She stated when Tropical Storm Fay hit Brevard County she had another major issue to contend with because of Waters Mark Development; the retention pond that was put in on the northeast side of the property overflowed onto her property and roadway; and there was standing water on the roadway, which extended 20 feet onto her property and the roadway for weeks.  She stated she advised Commissioner Nelson and Ms. Alward of the issue the next day; and Scott Spellman from Road and Bridge Department was there the next day to address that problem.  She stated Mr. Spellman was literally flabbergasted and amazed that the retention pond that Waters Mark had put in did not have any overflow piping to the river; consequently, all the water that accumulated from Tropical Storm Fay flowed north onto her property as well as North Tropical Trail; and for the next three days, because of the efforts of Commissioner Nelson and his staff, the Road and Bridge Department trenched out the front of our property and the water was pumped out to property across the street for three days.  She stated on March 10, 2009 a storm drain was installed on either side of North Tropical Trail to alleviate the water runoff issue caused by Waters Mark Development; and Scott Spellman has committed to restore that frontage and he is there today.  She noted on the survey she has given the Board, the blue driveway is her driveway that her family has used and maintained since 1890; the Board can see her property line; and the red line is the silt fence that at the corner was erected 20 feet north of her property line; and the Board can see how it follows the property line.  She stated as it moves north, the Board can see where the new storm drain is; and that was just put in on March 10, 2009 because of the efforts of Commissioner Nelson and his staff.  She stated she has to come in at her neighbor’s driveway and literally cross over approximately 160 feet through grassland  and make a left turn into  her property; virtually no one can find us;  if anyone

 

 

comes to her house, including FedEx, she has to meet them at North Tropical Trail to lead them to the house. 

 

Chairman Nelson stated there was a right-of-way permit issued for the Donaldson’s access at one point, which has since expired; and inquired if that can be reissued immediately so that Gator Environmental can put in the culvert.  Ed Lyon, Permitting and Enforcement Director, replied yes, staff would need some information again, unless it is going to be installed in the same exact location; and he would need to ask the engineer that question. 

 

Chairman Nelson inquired if there is any reason Mr. Wise cannot use the same information he got before.  Mr. Wise replied he knows of nothing; there was some improvements Ms. Donaldson referenced in the area that could change something slightly; but it would probably just be a modification of the inverts of the culvert, or something minor. 

 

Chairman Nelson passed the gavel to Vice Chairman Bolin.

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to accept the new bond, subject to the County Attorney’s final review, for completion of infrastructure improvements for Waters Mark Subdivision; and direct the developer to make the improvements to the Donaldson property by April 9, 2009.  Motion carried and ordered unanimously.

 

 

Mr. Lyon stated the work for the Donaldson’s is almost entirely in the right-of-way; staff can issue a right-of-way permit separate of the subdivision; and as the details are worked out with the outside issues, the contractor can accomplish that by April 9, 2009.

 

Vice Chairman Bolin passed the gavel back to Chairman Nelson

 

 

 

Mr. Whitten advised Mr. Theodore Wood has requested to reschedule Item VI.E., Resolution and Contract for Sale and Purchase between Barefoot Bay Water and Sewer District and Snug Harbor Master Homeowner’s Association, Inc., Re:  Acquisition of two District-owned sites; and stated he is also requesting to reschedule Item VI.G., Approval, Re:  Agreement with Property Appraiser for Development and Maintenance of Expanded Use Coe for Non-Ad Valorem Assessments, to April 14, 2009. 

 

 

The Board recessed at 12:54 p.m. and reconvened at 2:05 p.m.

 

 

 

Assistant County Attorney Shannon Wilson stated the Board currently has three options before it on the Agenda Item.  She advised this morning, a fourth option was hammered out; the fourth option would involve the County issuing joint checks for each of the NCLN20, Inc. employees who provided service at the courthouses; the employees would then be required to execute those joint checks and return them to the County; and the County would issue a separate check to NCLN20, Inc. that would be to cover all withholding taxes.  She stated in other words, any withholding social security tax would go in a separate check to NCLN20, Inc.; once the County gets the executed checks back, which are the net salaries for the employees, the County could then send the balance of the monies owed to NCLN20, Inc.; staff would work with NCLN20, Inc. in the meantime to verify the last known residences of the employees; then the County would make sure the checks were delivered to the employees; and then the employees would simply sign the checks and deposit them without any difficulty.  She stated staff would also endeavor to get a release from NCLN20, Inc. that would release the County from any further obligation under the Contract and resolve all claims between NCLN20, Inc. and Brevard County.

 

Commissioner Bolin stated that sounds like a good solution; it guarantees the employees will get the money; and that was the main goal.

 

Ms. Wilson advised as a caveat, staff would like some leeway; if for some reason at the last minute NCLN20, Inc. pulls out, staff would like to stay with Option 1 and bring it back to the Board.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve Option 4: 1.) To issue joint checks to NCLN20, Inc. for each employee for the employee’s net salary; 2.) Issue a separate check to NCLN20, Inc. to cover withholding, taxes, and other required deductions; 3.) FedEx checks to NCLN20, Inc. with understanding that upon execution of the employee checks, NCLN20, Inc., will FedEx back to the County; 4.) The County will forward the remainder of the balance of the monies to NCLN20, Inc. upon receiving all executed joint checks; 5.) The County will forward checks to the employees; and 6.) The County will prepare a release for NCLN20, Inc.’s signature relieving the County from any further obligation under the contract; and further directed staff to revert back to Option 1 if Option 4 falls through.  Motion carried and ordered unanimously.

 

 

 

Mike Knight, EEL Program Manager, advised in 2007 the Board approved the Malabar Scrub Management Plan with a staff recommendation that a paved linear trail be placed along the east border of the property along Marie Street; and because it is State property, the plan went before the ARC Council at the State level and there were some citizen concerns about staff overriding the recommendations of the Selection and Management Committee because the Committee had preferred to see the trail located on an existing paved area within the sanctuary down the central boulevard to minimize the impact; but the alignment of the trail was simply not going to work through that section, which is unfortunate, but staff felt strongly that the location of the trail is best suited in order to make the connections for the trail head and the existing linear trail that had already been established.  He stated as a result of those concerns, the ARC Council deferred it back to the County for further review; the Board directed staff to take it back through the Committee process to have it evaluated to see if there was some way to find a compromise to  satisfy  impact  concerns;  and  so it  went  back  through  the process of Committees,  which supported the existence of the trail as it was recommended in the first plan with some contingencies, which are noted within page two of the Agenda Report.  He stated staff is before the Board today to move the Item off the Board’s Agenda and up to the ARC Council with the State, for their final approval.

 

Doug Sphar stated he does not oppose the proposed trail because all the EEL procedures were followed; but he would like to ask the Board to implement a REAC recommendation that would compensate for the habitat impact by the paved trail.  He advised the EEL REAC considered and approved the proposed access the Board is considering today at its August 14, 2008 meeting; the approval included a recommendation to explore mitigation for the consequences of the trail; and that the mitigation be approved by the Selection and Management Committee.  He stated because the State holds title, Malabar Scrub must be managed in accordance with Florida Statute, Chapter 259, which says, “The Legislature intends these lands to be managed and maintained for the purposes for which they were acquired, and for the public to have access to and use of these lands where it is consistent with the acquisition purposes and would not harm the resources that the State is seeking to protect on the public’s behalf.”  He stated the proposed paved trail provides public access, but according to Selection and Management Committee member, Dr. Paul Smalzer, fire breaks are habitat for some species but the pavement is not; also, human activity on the trail will suppress wildlife activity along the trail corridor, thus there is harm to a resource the State is seeking to protect; and typically, when there is loss of habitat on a property there is compensatory mitigation.  He stated Selection and Management Committee member, Dave Brinenger, proposed a very reasonable mitigation strategy that would benefit both EEL and the Town of Malabar; stated Malabar Scrub Tracts 1 and 2 are connected by the Town of Malabar’s Cameron Reserve; and to compensate for the impact of the trail, Mr. Brinenger proposes that EEL and the Town of Malabar agree to a joint and integrated Scrub Jay Management Plan that would facilitate the movement of Scrub and flatwood flora and fauna between the two Malabar Scrub tracts via the Cameron Preserve.  He stated Mr. Brinenger recommends that EEL assist the Town of Malabar in managing Cameron Preserve as an open scrub/flatwoods savanna with one mature pine per acre and scrub oaks averaging one to three feet high.  He stated as a condition for approving the Management Plan, the Board should give explicit direction to the EEL Program that it actively and aggressively negotiate with the Town of Malabar for the recommended integrated management of the Malabar Scrub Sanctuary and Cameron Preserve. 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve the Malabar Scrub Sanctuary Management Plan under the Environmentally Endangered Lands Program.

 

 

Chairman Nelson inquired if the trail is developed, will EEL have to get permits, or does mitigation kick in as part of the permitting process.  Mr. Knight advised the Selection and Management Committee had that discussion and was concerned about mixing up mitigation with the approval of the plan and the trail for two reasons; one reason was because during the process of the trail design and development, any mitigation that is required as a result of that would be handled at that time; and currently there are no scrub jays occupied in the location of the trail, so it is not considered to be an impact from a scrub management perspective. 

 

Chairman Nelson stated he likes Mr. Sphar’s idea of working with the Town of Malabar for the connectivity, but it is a separate issue that can be addressed; and there can be a follow up motion to have staff work with the Town of Malabar to see if there is an interest.

 

Mr. Knight advised staff has had discussions with the Town of Malabar about connectivity; although the Town is supportive of the County assisting in any way it can, there are issues of cost associated with the County being involved in the management of that particular tract of property, as it is owned by the Town; but staff would be happy to continue those discussions.

 

Chairman Nelson stated it would be appropriate to have those discussions and bring back the willingness, as well as the cost, at a later date so the Board can deal with that. Commissioner Infantini stated there is more of a cost for the Town of Malabar, but they do not have the funds to move forward with it.

 

Chairman Nelson called for a vote on the motion; Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to direct staff to discuss with the Town of Malabar the issues of connectivity on two Malabar tracts.  Motion carried and ordered unanimously.

 

 

Theresa Clifton stated the Board has budget cuts and more to deal with than any Board before it in a long time; and she is grateful the Board is giving so much attention to the animals in the community.  She stated she runs an animal shelter, and if she speaks out it looks as though she is just talking badly about another animal shelter; but to have the community step forward, then there are some things going on; and for that she is very blessed and proud to be part of the community.  She noted there is a difference in caring for animals and warehousing animals; every animal deserves a chance; and she is also grateful that if the Board privatizes the animal shelters, that it has restrictions and requirements, because that did not happen in the past.  She stated she hopes the Board will come to the ribbon cutting and grand opening for the low-cost spay/neuter clinic that is two weeks away from being opened, which will further help the animals in the community; and stated the only way to stop the killing is to prevent animals from being born. 

 

Nicholas Stack stated when he read the RFP he cross referenced the Humane Society of the United States (HSUS) guidelines for operation of an animal shelter; with the way the shelter is currently, he does not think it is feasible with the RFP in its current format for anyone to meet the guidelines; stated the guidelines include heated floors, which he thinks would be a major capital improvement, and certain things with the air conditioning system, which he has been told has never worked since the building was first built; and he has other concerns with the whole RFP process.  He stated instead of the Board voting on it today, it should allow the Animal Welfare Advisory Board it will be creating soon, to get a chance to look at it and comment on the entire RFP.  Mr. Stack stated there are also some guidelines he believes can be implemented now, such as posting all policies on a bulletin board so that it is publicly accessible; and that would help the public in figuring out the policies of the shelter.

 

Leon Sisson stated in reading the RFP for the privatization of Brevard County animal shelters, he did not see any specific mention of achieving the goal of no-kill status within five years, which the Board voted for enthusiastically at the February 3, 2009 Board meeting; and considering the North and South Animal Care Centers are where the killing has been taking place, he finds the lack of detail puzzling.  He stated he would like the Board to explain who will be responsible for making the five-year transition to no-kill happen; inquired how the Board will measure progress toward that goal; inquired what will be the incentives and rewards for maintaining the bold timeline; and inquired what will be the consequences for failing to accomplish continuous improvements consistent with reaching no-kill status in five years.  He stated he thinks it can be agreed that the transition to no-kill will require a comprehensive well integrated program with clear lines for responsibility and accountability for producing measurable results; he is concerned that privatizing the operation of the County’s animal shelters under the terms of the draft proposal as written, with no clearly stated requirements to purse and achieve specific interim goals toward no-kill, will result in the important improvement in animal welfare not receiving the priority and emphasis it deserves.  He stated if the Board has not already done so, he would suggest it identify and clearly define goals for each area of responsibility within Brevard Animal Services and Enforcement, which will result in frequent, measurable, incremental improvements throughout the transition period; that will allow the Board to recognize and reward those who are exceeding expectations; and it will also help the Board identify those specific areas within Animal Control and Enforcement, which will require additional attention, help and motivation from management.  He noted the question is how can the idea of measurable incremental progress be applied to the proposed privatization of Brevard County’s Animal Care Centers; it appears the shelter contractor will have little, if any, control over the number of animals the shelters will be required to take in, therefore, requiring progress towards no-kill in specific numbers does not appear practical; however, if the shelter contractor is to do their part in meeting the five-year goal of transition to no-kill, then the percentage of intake animals being killed for space must follow a reasonable rate of decline closely approaching zero by February 3, 2014.  He stated while a 20 percent improvement per year may seem like an obvious goal, he doubts the reality will be that simple; he expects large improvements to be realized early on, than will be possible toward the end of the five-year timeframe; and he suggests a non-linear formula be used to calculate the interim kill reduction milestones.  He stated in order to identify unacceptable performance as quickly as possible, he urges the Board to establish not annual or quarterly goals, but monthly measurements; progress should be measured against the average of a sliding three-month window consisting of the 11^th through 13^th previous months; and that will adjust for seasonal variations in intake load.  He stated he also suggests permitting the contractor to fall short of the established goals no more than two consecutive months and no more than four months in any 12 month period of the contract; if the contractor fails to meet the requirement for realistic progress towards the County’s goal of no-kill in five years, then the Contract should be re-bid; and any contractor that has previously failed to meet contract requirements shall not be eligible to bid for at least three years.    He   stated   his intention  is  to  urge  the  Board  to  incorporate   into   the  RFP a  firm  requirement  to  demonstrate realistic progress toward its five-year goal of no-kill in the animal shelters of Brevard County.  Mr. Sisson stated he also urges the Board to include wording in the RFP that states it specifically obligates the bidders to explain exactly how they will move the shelters towards reaching the goal of no-kill in five years, and how the citizens of Brevard County will be able to tell if the shelters are making credible progress towards that end, and what changes the Board will commit to making if the shelters are not consistently achieving the concrete measurable milestones to reach no-kill status within five years.

 

Chairman Nelson stated he does not remember the five-year timeline as being part of the no-kill goal; he does not know whether it is achievable; but he does not remember the five-year timeline.  Mr. Sisson stated he may have mis-interpreted what happened on February 3^rd.  Chairman Nelson stated it is certainly a goal to get to no-kill, but he does not know if the Board actually established that guideline; and the Committee that will be created by the Board will have their work cut out for them on the issue because the speakers have brought up some very good points.  Mr. Sisson stated he would suggest the Board withhold issuing the RFP until it has formed the Animal Welfare Committee, and have the Committee review the RFP in light of the goal of achieving no-kill status.

 

Melinda Buschor stated she is from Suntree/Viera Pet Rescue, which is the largest rescue organization in Brevard County; she would be honored to sit on the Animal Welfare Advisory Board; her Rescue organization takes a lot of animals out of the North and South Animal Care Shelter; and she would like to educate the Board on the animal issues in Brevard County.  She advised when the County first took over the shelters in 2002, approximately 20,000 animals lost their lives; today, half of that amount loses their lives; so the County is doing something right; and what happened was that citizens came before the Board and asked that the animals be spayed and neutered prior to adoption.  She stated if the Board is going to keep the South Animal Care and Adoption Center, there needs to be a culture change; there needs to be someone at the shelter who will do everything to try to get the animals adopted that are inside the facility and treat them with the respect they deserve.

 

Kathryn Warren stated she would like to commend the Board on trying to improve the animal shelters as they stand now; she would like to see the shelters go to no-kill, the same that has been achieved at the SPCA in North Brevard; and she would also like to see handicapped access, which she cannot find in any of the shelters.  She noted she would like to see standards and measurements set up like a co-op, so the shelters can work together and show compassion to the animals and to the people who come to adopt the animals; and it needs to be realized that the animals need to be shown in a positive light to people coming in, otherwise they are not going to be adopted.

 

Chairman Nelson stated based on what he has heard, he would be comfortable with deferring the RFP to the Animal Welfare Working Group that the Board is going to discuss, because there have been some excellent points brought up; it does not change anything as far as timelines the Board is working on; and his fear is putting something out that does not have the completeness the Board is looking for. 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to defer the Request for Proposals to the Animal Welfare Working Group, once established. 

 

 

Commissioner Infantini stated she would like to address some of the things that have been brought up today, as well as a few other things that have been brought to her attention in her office.  She noted she would like to see some changes take place at the animal shelter currently, such as having the policies published so the public will understand specifically what the Board is and is not going to do and when animals are available for foster; and she would also like to require off-site data entry because currently data entry takes place only on little index cards, and often times those index cards are not filled in.  She stated for instance, animals are put to sleep without any documentation as to why they are being put to sleep without any behavioral disorders; and currently there is insufficient documentation to support the reason for the termination.  She advised she would also like to advertise the Director position because it is currently being held by someone who, by his own admission, had never set foot in an animal shelter, so she does not feel that is the best qualified applicant; although he may have been the best qualified available on such short notice; and she thinks he is working hard to do a good job; but she would like to see someone with the skill set necessary to be able to apply for the job.  She stated she understands the County has a hiring freeze right now, but the Director position is a more specialized position.

 

Motion by Commissioner Infantini to require off-site data entry, and computerized documentation that can be verified if an animal is going to be put down.  Motion died for lack of a second. 

 

 

Commissioner Bolin stated Commissioner Infantini made some excellent points, and she would like to hand those issues over to the Animal Welfare Working Group to start working on them; and it is a good substance for the Group to start working on.

 

Interim County Manager Stockton Whitten stated there is a question in regards to advertising the Director position because if the Board is successful in privatizing the operations, then what the County will be providing is enforcement; the Board may not have a need for an Animal Services Director.  Commissioner Infantini stated she was thinking that if it turns out that the Board finds a qualified Director, there may not be a need to turn over the shelter; stated she is fine with turning over the shelter; but what there needs to be is a huge culture change at the shelter; and that cannot happen with the people that have been with the County for the last 25 years.  She stated the only way to have a huge culture change is to get someone from the outside that has never worked for the County before and make them go in and make changes; and there may not be a need to outsource the shelter. 

 

Commissioner Bolin stated as far as the qualifications for the Director, it is something the Board is going to have to wait on because the skill sets are going to be different with what the Board finally ends up with; in her opinion the Director is not the person that is going to be totally making  all the policies;  and she would  hate to  have a program based on the personality of the Director.  Commissioner Bolin stated she is not seeing where the current method needs any change until the Board makes further decisions on where it is going with the program.

 

Commissioner Anderson stated the Board is going to be hard pressed not to do the RFP because the Board is asking for 20 to 40 percent cuts across-the-board from other departments; if the Board is going to prioritize health and safety issues such as fire and police, then this issue is going to fall into a category where it is going to be cut; and the Board cannot stay with the status-quo with what it is spending; and the only way to get away from that is to farm it out to a private organization.  He stated if the County stays on the enforcement side of the issue, that can be absorbed in a reorganization, which will save more taxpayer money by having one Director instead of two separate Directors; but the Board may find out something different from the Animal Welfare Working Group that will convince him otherwise.

 

Commissioner Fisher stated the first step is getting the Animal Welfare Working Group in place because a lot of recommendations will come out of that group.  He noted the County is in a hiring freeze; he hates to hire someone outside Brevard County and them move them into Brevard County and then end up privatizing the shelters; and right now the Board needs to get the Group in place so they can get to work on the many challenges to be faced.  He stated if the Board is going to be spending $1.3 million to privatize, and if the idea of privatizing is that the Board is going to be spending the same amount of money today that it has been spending, then it might as well keep doing it, and get the leadership in place.  He stated if the Board goes out for an RFP for the long-term, it is going to decrease its obligation to the animal shelter budget; there may be some companies that think the County has already spent $1.3 million, and the County will give them $1.3 million to run the shelter; and he just wanted to go on record with that.

 

Chairman Nelson stated one thought he had was that if the Board privatizes, whoever comes in will still be contract manager of a shelter, so they are still going to have some of that skill set because they have to know what they are looking at; it is actually performance-based; and he would not have a problem advertising for the position of Director because the sooner the Board can move in the right direction, the better.  He stated he feels the Board is going to be in the shelter business for at least one more full year just because the timing, even with an RFP, is not going to work out; and he is hopeful the Board will be able to save some money; but at this point in time he does not know the Board can make the decision. 

 

Chairman Nelson stated in regards to Commissioner Infantini’s concerns, the Board can authorize any Commissioner to provide considerations to be placed on an Agenda for immediate consideration by the Animal Welfare Working Group.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve deferring the Request for Proposals to the Animal Welfare Working Group, once established; and authorize any Commissioner to provide considerations to Assistant County Manager Heidi Denis for placement on the Agenda for immediate considerations for the Animal Welfare Working Group.  Motion carried and ordered unanimously.

 

 

Commissioner Fisher stated the North Brevard Animal Shelter has a book with a tracking mechanism in place; he was able to look at the book and see how many animals have been put down in the last twelve months; and he was shocked at the number; but there was a tracking system in place. 

 

 

Chairman Nelson stated he has a concern in trying to make the appointments today; stated he has already chosen his District appointment; but today he has gotten to hear three people who are on the list that he would not have otherwise gotten to hear; and he also believes there are people who would like to be in the Group but have missed the deadline.  He suggested the Board approve the resolution today and make the appointments on April 14^th; and that would give each Commissioner a chance to contact some of the applicants to get a better feel for what their interests are, their time commitment, and their willingness to serve.

 

Commissioner Fisher stated he knows a couple of people were not aware of today’s meeting, and so their application was made late; so they either did not apply or their application got kicked back; and to offset that he was going to make that person his District appointment; but if the Board is going to extend it, maybe some other people can apply.  Chairman Nelson stated he is aware of at least one that wanted to be on the list; and what the Board can do is establish another deadline.  He stated it is commendable that the Board is trying to move it along as quickly as possible; but he also does not want to exclude someone because the Board moved too quickly.  Commissioner Infantini stated she had a few people that were sent directly to her office that have not yet made their way to Assistant County Manager Heidi Denis’ office. 

 

Ms. Denis inquired if the Board could give her a cut-off date.  Chairman Nelson stated the cut-off day can be noon on April 7, 2009.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to adopt Resolution establishing an Animal Welfare Working Group, establishing the number of members and the method of their appointment; extended the deadline for the appointments to April 7, 2009 at 12:00 p.m.; and approved selection of appointment on April 14, 2009.  Motion carried and ordered unanimously.  

 

 

Don Lusk, Parks and Recreation Director, stated since the Board last discussed the Item, staff has done some additional work with the County Attorney and Mr. Tedder; stated Mr. Tedder has indicated to staff that he has a letter indicating he is willing to do all of what was originally promised  in  the  original  scope  in  July, for  $660,250;  and   Mr. Tedder  stated  that  with  the understanding that staff would make some adjustments for the permitting conditions that are expected to change, which is the replacement of wood pilings to a pressure treated wood polymer laminate for an additional $19,000, and change the wood decking to composite decking for an additional $14,500.  He stated also included in staffs analysis are the additional payments for engineering that should have been done as the Change Order during the process, but was not done that way; and that is included in the matrix also.  He noted staff has deducted the progress payments that have already been made to Mr. Tedder.  He stated staff came up with three different possible options to discuss today; one option is to go with the $656,653, which is Option 1; and stated Mr. Tedder had an additional option he wanted considered, which is Option 2, to be paid for the $52,445 in additional work.  He noted Option 2 that he just described does not match the letter; and he asked for a moment to review Option 2. 

 

Chairman Nelson stated he has a letter that was faxed to his office, so he is not sure if each Commissioner received it.  Mr. Lusk stated that particular option is not discussed because it came in late, but he is ready to inform the Board of the option.  He advised Option 2 would be that Mr. Tedder wanted consideration for the $52,445 that he felt was owed to him for estimating and the different services he felt he performed for the Board, including travel; and staff did not feel that was well documented and also felt Mr. Tedder could not be paid for that.  He noted Mr. Tedder sent the Board a letter this morning, or late yesterday, offering to split the difference; and the letter states a figure of $26,225, which becomes a fourth option the Board can consider today.  He stated the other option that has not been discussed would be the option where the County terminates the agreement with Mr. Tedder with the understanding there may be some legal implications for terminating a purchase order. 

 

Commissioner Infantini stated based on the documentation that she has reviewed, she thinks Option 1 is the most correct Option; she is glad to see the wood decking with composite; and she is glad to see Mr. Tedder will be reimbursed for the engineering, although she would like to ask why Coastal Tech, the engineer, did not do the engineering, but yet has doubled his fees throughout the course of the project; but that is another debate for another time. 

 

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to approve Option 1, to authorize staff to proceed with Randall G. Tedder Construction, Inc., pursuant to the purchase order issued on July 25, 2007 with the understanding that the cost would include original items, increases due to permit conditions, and change order for additional engineering, for a total of $656,653.

 

 

Chairman Nelson inquired if Option 1 includes any additional requests for payment for time.  Mr. Lusk replied no, it does not include the $52,000 mentioned in Mr. Tedder’s letter for additional time and it does not include the $26,000 Mr. Tedder asked for in the last letter.

 

Helen Voltz stated she would like to encourage the Board to support Option 1; stated Mr. Lusk has done an outstanding job of moving the project forward when it seemed like it was not getting anywhere; and expressed appreciation to Mr. Lusk for working diligently on the project.

 

Chairman Nelson called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini expressed appreciation to Mr. Lusk and his staff for giving her access to all of the files associated with the Item.

 

 

 

Robin Sobrino, Planning and Zoning Director, stated the Board requested staff come back with an overview of the Pinellas County Mobile Home Transition Program Ordinance; the discussion arose out of a public hearing for a rezoning request on a mobile home park; and there was concern about addressing the needs of the relocated residents of that park.  She advised staff has presented to the Board an overview of the Pinellas County Ordinance; one of the things the Ordinance does is reiterate the Florida Statute, which compels a local jurisdiction to evaluate the availability of replacement housing when hearing a rezoning request that will rezone a mobile home park and displace its residents; and it is something the Board has been doing by Policy when it gets a zoning request to rezone a mobile home park.  She stated secondly, the feature of the Pinellas County Ordinance is a voluntary rental assistance payment fund feature which would allow the mobile home property owner, when seeking rezoning, to set aside money to help with assistance in relocating residents from the mobile home park; it is a voluntary program; Florida Statute already compels local government to consider the needs of the relocated residents to make sure there is available housing; and Pinellas County has not had a developer take advantage of that assistance program.

 

Muriel Varieur stated she is the President of Lamplighter Village Homeowners Association, and is also the Chair of Federation of Manufactured Home Owners (FMO) District 9, Section 5, Ordinance Committee, which represents 136 developments and 16,413 homes within Brevard County; and she is also a 26-year veteran in the affordable housing field, specializing in subsidized housing for the elderly, disabled, handicapped, and families.  She stated she has appeared before the Board on several occasions pursuing an ordinance that will minimally be mirrored to the Pinellas County Ordinance, 05-92 that would protect Brevard County’s manufactured housing stock, which protects those who qualify under the affordable housing income eligibility guidelines and workforce.  She advised Florida Statute 723.083 has been a quagmire and does not protect the manufactured stock nor the people by allowing the entire development to be evicted; and she requests the Board’s assistance in supporting both features that are before the Board today under Option 1.  She noted the first feature is a statutory compliance feature requiring the owner of a mobile home park to demonstrate there is adequate replacement housing inventory, as required by Statute; the second feature is a rental assistant fund to allow a mobile home park owner to voluntarily contributes in order to offset the difference between each resident’s current rent payment and rent payment in a replacement residence; and that feature is not required by Statute, and to date has not been used by a developer in Pinellas County.  She advised she has some concerns such as how establishing the ordinance now in Brevard County is even more important due to the worsening economy and the devastating impact it would have on residents of mobile home parks; many of the people living in mobile home parks are of modest means and could not face the financial burden  of  moving their  home to  another location,  which in the absence of the ordinance, could be as much as 50 miles from their current park location; and it has also been estimated that moving a mobile home can cost up to $18,000 to $20,000, and the State would only cover a small portion, which would be between $3,000 and $6,000.  Ms. Varieur stated many mobile home residents are retired senior citizens who devote their time and efforts to volunteer work in Brevard County’s churches, hospitals, schools, food banks, and other community service organizations; loss of those community volunteers would be a detriment to the County; and forcing senior citizens to move away from their primary doctors and hospitals can result in a negative impact on their health and well-being.  She advised the State allows a 50-mile radius location; the County needs to address that issue within the proposed ordinance, as 50 miles is much too far; Pinellas County has lowered its radius to 10 miles, which is doable on several parameters such as transportation costs; and moving is devastating enough, but moving up to 50 miles is a travesty.  She stated the FMO ordinance committee is of the strong opinion that the manufactured housing stock is one of the only viable options presently available in the State of Florida in regards to affordable housing; the 2003 affordable housing study commission report says to preserve the manufactured housing developments.  She stated to meet the needs of resurrecting 6,000 affordable housing units, the County must consider using the manufactured housing stock; she would like the Board to take into consideration two other issues before making a decision; it has come to the committee’s attention that people should have known when purchasing their home that there was a possibility that under Statute 723.083 that they had little to no protection; she can assure the Board that no one is required to read the Florida Statutes before buying a home, condo, or manufactured home; and it was also said that if people lived in an apartment building and the landlord decided to raze the building to make way for rezoning, they would have to relocate; but she would like the Board to note that that is truly not the same.  She stated if people cannot relocate their unit to another development they must abandon their homes in which they have a vested interest; and that is not the same as moving from one apartment to another apartment.  She stated she has been advised it could cost approximately $10,000 to draft the ordinance; to ensure the cost is not a barrier, the Board has the existing Pinellas County Ordinance to be the base for its own ordinance.  She noted although the effort may add to administrative costs, which are a concern to all, should a developer become successful at meeting the ordinance requirements, the loss to Brevard County residents into the County is far greater; and the Brevard County manufactured housing stock must be preserved so that it too, may serve the workforce and affordable housing individuals, and it can only do so by having its own ordinance and enforcement.  She advised since 2006 the State Legislators have clearly directed mobile home owners to go to their Counties for protection; only a County ordinance such as the Pinellas County Ordinance, can do so; the FMO committee representatives look forward to continuing to be active participants in affordable housing workforce issues and they would like to take this opportunity to thank the Board of County Commissioners for its courage and continued efforts in making Brevard County the leader in affordable housing; and a vote by the Board to establish an ordinance will be a vote of support for mobile home residents and will give them a much needed voice in the direction of their future. 

 

Commissioner Bolin stated five years ago she probably would have said yes to the issue; but she is very concerned about a park being changed into a big development; and currently, with the economic times, mobile home parks may be the safest because they are an asset and a revenue  coming in for the people  that own it;  and with the economic  times,  more  people  are looking for this type of housing because it is affordable.  She stated her concern is that there is a State Law; and in her mind an ordinance would be a duplication of what the State has.  She inquired if the Board is looking at each individual situation because of the zoning.  Ms. Sobrino replied yes, that information is considered by the Board at the time of a rezoning request.  Commissioner Bolin stated in that sense, mobile home owners are protected because the Board looks at it as an individual and not as a blanket for an ordinance countywide.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to approve Option 4, to take no action by ordinance; and the Option presumes that the Board of County Commissioners, when considering government action, will ensure that possible losses to mobile home inventories are offset by available mobile home housing stock consistent with Chapter 723.083, Florida Statues.   

 

 

Commissioner Fisher stated mobile home parks today are probably safer than they have ever been because people have an investment by having their home on a lot; and the occupancy rates are good compared to apartments.

 

Commissioner Anderson stated he supports the request; it is peace of mind for the residents more than anything; they feel like anybody at any time can come in and kick them out of their home; and that is not true, but that is the perception.

 

Commissioner Infantini stated fortunately for the tenants, they do have the option to relocate prior to ever being told they are being sold; if someone is renting, there is a leased term, so they know they are secure at least for the leased term; and there is a certain protection annually, although it is not the same comfort level that people prefer to have.  She stated the fear is that people have such a huge investment in their lots; and moving their home is not an easy thing to do; but a process still has to be followed in order to terminate.

 

Chairman Nelson called for a vote on the motion. Motion carried and ordered; Commissioner Anderson voted nay.

 

   

Ernie Brown, Natural Resources Management Director, stated last month an opportunity presented itself on Fortenberry Road, just south of Merritt Square Mall; it is an area where there is currently a stormwater treatment pond project that is near completion of design; and the County is currently in partnership with Pulte Homes to build that five-acre pond, and staff is moving forward with that; but Pulte Homes advised staff last month that they had an interest in selling the 50-acre parcel just south of the pond property.  He stated where that benefits the stormwater aspect is that currently the five or seven-acre pond is designed to treat approximately 35 acres of a heavily urbanized impervious area that has no treatment whatsoever; an expansion of the pond project could treat approximately 190 acres of that drainage basin;  and that is important  because  the total maximum daily load  program  requires the localities to reduce nutrients that enter into what is called impaired waters, and the Indian River Lagoon is one of those.  Mr. Brown advised that is accomplished through retrofitting, or creating stormwater treatment mechanisms throughout the County; staff anticipates far in excess of $100 million of work to accomplish that and to achieve the federally unfunded mandate.  He stated with this particular opportunity, staff is asking the Board to allow them to explore the feasibility of the purchase of the 50-acre site, which is currently permitted and the site work is completed for over 500 condos; Pulte Homes has decided they are not going to pursue that and they are giving the County the opportunity to purchase the property; and so from a stormwater perspective staff sees value in at least exploring the opportunity.

 

Greg Lugar, Executive Director, Merritt Island Redevelopment Agency (MIRA), stated this has been one of the primary goals of MIRA for years; there have been several offers for trying to purchase properties in the district for stormwater purposes; most of the offers that the County has made has been countered with the seller wanting twice if not three times the value of the appraisal; and the opportunity is probably the small window of opportunity to probably take care of half of the business in Merritt Island.  He noted there is only one section of Merritt Square Mall that actually has treatment, and that is the newer Sears section on the west side, which does treat most of the stormwater; but everything else on the mall, as well as everything going westward to the Indian River Lagoon, all the way to S.R. 3, are all projects that were built pre-St. John’s River Water Management District and built with little or no requirement to store water onsite, so everything flows into a ditch or pipe and goes directly eastward into Sykes Creek.  He stated Sykes Creeks is no longer the clear water body it was 20 or 30 years ago; it is a good opportunity; the stormwater site would be two-thirds the site, the other opportunity being a large lake and some recreational aspects that Parks and Recreation has identified in terms of expanding Veteran’s Memorial Park; and there are other aspects of redevelopment that staff would like to explore.  He advised there are some car dealerships moving to West Cocoa which would give the County the opportunity to develop better than what could be developed if there was the potential to mitigate offsite for those lots in terms of stormwater requirements having to go through St. John’s River Water Management District.

 

Chairman Nelson stated one of the things he has found very attractive about the issue, and one of the problems on Merritt Island, is that when someone comes in to redevelop, they have to meet the new standard; and that means they are losing almost 50 percent of the site to stormwater treatment.  He stated Mike Erdman is moving his dealership to West Cocoa; and stated he made sure Mr. Erdman was interested in the project for that purpose before he suggested moving forward because he wanted to make sure the business community understood what the Board is trying to do.  He stated what staff is also looking to do is the possibility of stormwater credits, which allows a developer to develop land more fully, they can purchase credits, which gives maximum utilization of property to the developer and gives the County good stormwater treatment, which is good for the lagoon; and the spin off benefit is going to be that the Veteran’s Park will have an opportunity to expand and possibly have a permanent location for the moving wall.  He stated the main benefit for him is having the chance to get rid of the large square ponds right on S.R.520, which has valuable property and the best infrastructure, and then retain some small businesses that cannot develop now because they cannot meet the new Code; there are so many positive benefits to the business community, and the Board will never get a chance to buy the property again at such a low price; and to him it is a win/win situation because there will be a number of successful efforts.  Chairman Nelson noted Merritt Square Mall has only one face along S.R.520; if the ponds are removed from the Fortenberry Road side of the Mall, it will be able to look at fully developing the entire site; and it is a good opportunity for Merritt Island.  He stated he had a chance to pre-sale the idea to some service organizations on Merritt Island; and there is a lot of excitement about the potential.  He stated he would appreciate the Board’s support on taking it to the next level of investigation, which is to get the appraisals to determine viability. 

 

Commissioner Fisher stated it is a great idea, but he has a concern with doing the appraisal first; he would prefer to ask the developer to give the Board a letter indicating how much they are willing to sell the property for; and that will help determine whether it is a good price on the property, and then get an appraisal.  Chairman Nelson stated in the public acquisition of lands, the appraisal is confidential; the developer will not know the amount of the appraisal unless the Board chooses to tell them what the number is; and that is standard.  Commissioner Fisher stated in government, those numbers get out somehow.  Chairman Nelson stated the other issue is one of timeliness, and that was expressed to the Board by Pulte’s representative, which was that they wanted to make sure the Board was serious, and to let the Board know that time is money for them; and they can certainly do the negotiations, but at the same do the appraisals because at the end of the process, the Board will still have to get appraisals, and if they are run concurrent, the Board can kill two birds with one stone because it will take at least 45 days for the appraisals to be done.  Commissioner Fisher stated Pulte Homes seems to be serious about selling the land, so he would think they could get the Board a letter indicating what they are willing to sell it for.

 

Mr. Brown stated three issues with the request are to secure appraisals, initiate preliminary negotiations, and prepare conceptual designs; staff can flip those around if the Board prefers and start with initiating preliminary negotiations, which is what Commissioner Fisher is asking for, to get a good faith statement from Pulte Homes; then staff can move logically into securing the appraisals after that is firmed up; and then get some conceptual designs. 

 

Commissioner Infantini stated she agrees with Commissioner Fisher that it would be better for the Board to get an offer so it can see that it is a good price on the property; she has audited many projects where the owner facilitates the appraiser to a great extent at helping them arrive at their final conclusion, such as providing prior offers that were later revoked at substantial prices; and she would much rather flip the process to see if the Board even wants to move forward.

 

Chairman Nelson stated when he was on the staff side, he negotiated contracts that were subject to an appraisal; and inquired if there are any law changes that would preclude the Board from doing that.  County Attorney Scott Knox replied no, not that he is aware of.  Chairman Nelson stated he was directed by the Board many years ago to try to acquire the subject property for parks; at that time the price was $6 million; and he knows now it is substantially less.  He stated if the credit issue is worked out, the Board could end up having the land and being fully reimbursed.

 

Mr. Brown stated Pulte Homes is an interested seller and they would like to move quickly; and with the Board’s approval, staff will begin the process as quickly as possible.  Commissioner Bolin stated it is a very worthy project; she is hesitant about spending $10,000 on an appraisal until the Board finds out what type of money is going to be offered; and she would like to flip the process as discussed. 

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to authorize staff to contact the owners, Pulte Homes, for a purchase price before determining the feasibility of expanding the Fortenberry Road Stormwater Treatment Pond Project to include authorization to prepare conceptual designs, secure appraisals and initiate preliminary negotiations; and the information to be brought back to the Board for consideration and discussion.  Motion carried and ordered unanimously.

 

 

Assistant County Manager Mel Scott advised it came to staffs attention a week ago that as FDOT was making improvements to South Patrick Drive, there was fairly extensive damage to some landscaping materials; the Agenda Item is requesting that the County apply for a Joint Participation Agreement (JPA) to FDOT to replace the landscaping that was damaged, as well as the original JPA, to expand to $300,000; and without the Board’s authorization, staff could not ask for the additional dollars, which are State dollars, to fix the damage caused by FDOT in doing the job.

 

Commissioner Infantini inquired if the $300,000 is entirely from FDOT; or is it $150,000 from the County and $150,000 from the State.  Mr. Scott replied all $300,000 is from FDOT; and it is a zero fiscal impact for the County.  Commissioner Bolin stated FDOT made a mistake; and the Board is asking to be paid for the mistake. 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Resolution 09-051 amending Resolution 08-280, and authorized the Chairman to execute a Joint Participation Agreement (JPA) in the amount of $300,000 from the Florida Department of Transportation (FDOT) for installation of landscape improvements and restoration of plan materials within the FDOT right-of-way of South Patrick Drive (SR 513), north of Satellite Beach.  Motion carried and ordered unanimously. 

 

 

 AUTHORIZING  RESOLUTION,  GRANT  APPLICATION,  CERTIFICATION  FOR  FEDERAL

Jim Liesenfelt, Transit Services Director, advised the request is part of the American Recovery and Reinvestment Act; the Brevard County share is $6.897 million; there is no local match; the projects  are  listed  on  the  Agenda  Report;  but  he would  like  to  inform  the  Board that FTA regulations do not allow for local preference in bidding.  He noted the grants have to be obligated by September 1, 2009; an obligation is the FTA accepts the grant; and if it is not obligated by September 1^st, FTA takes 50 percent of the funds away.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve and authorize the Chairman to sign Resolution, Grant Application and Certification from the Federal Transit Administration (FTA) in the amount of $6,897,726 for 2009 Space Coast Area Transit (SCAT), and allow staff to submit the Grant Application electronically; authorize the Transit Services Director to execute and submit the Grant Agreement electronically, contingent upon County Attorney and Risk Management approvals; and authorize the Transit Services Director to execute any additional follow up documentation/resolutions and amendments necessary to secure these funds.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the recommendation from the Affordable Housing Council (AHC) regarding incentive strategies for inclusion and amendment of the Local Housing Assistance Plan (LHAP), consistent with the State of Florida State Housing Initiative Partnership (SHIP) Program and F.S. 420.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve and authorize the Chairman and/or County Manager to execute an Agreement with the Brevard Alzheimer’s Foundation, Inc., in the amount of $66,800 to conduct the Elder Friendly Business Program. 

 

 

Commissioner Infantini stated the Board discussed not moving forward with the funding of the guardianship services; this service is already being provided; and the Elder Friendly Program is a senior assistance and referral network service, with the goal being to provide guidance to senior citizens and their families through the maze of available services in Brevard County.  She stated the Board already has an organization that does not cost $66,800; and at this point in time, if she was going to spend $66,800 in additional CBO  money,  she  would have  granted  it

 

earlier to the ladies representing the guardianship program, which would have actually saved the Board money. 

 

Chairman Nelson stated the dollars mentioned in the requested item are dollars the Board identified during the end of last fiscal year, so it is not CBO dollars.

 

Chairman Nelson called for vote on the motion.  Motion carried and ordered; Commissioner Infantini voted nay.

 

 

Commissioner Infantini stated she pulled the item so that instead of advertising, bidding, and awarding the term contract to the lowest qualified responsive bidder because what if the lowest qualified responsive bidder comes in at $3 million; most of the Agenda Items presented to the Board say “advertise, bid and award a term contract to the lowest qualified responsive bidder”, regardless of cost; the Agenda Report does not say, “regardless of cost”, but because there is no set amount, then there is no limit to how high it can go; and she would like it to come back to the Board because if the lowest qualified responsive bidder comes in at $1 million, the Board may want to re-think the project.

 

Chairman Nelson inquired what would happen if it comes back and it exceeds the projected amount, as opposed to coming back automatically.  Commissioner Infantini stated that would be fine, to have it come back if it exceeds the projected amount. 

 

Commissioner Anderson stated three of the bathrooms are being built from grant funding; and inquired what is the match on those projects.  Parks and Recreation Director Don Lusk advised three of the seven restrooms are grants; two are at Kings Park and are FDOT lap grant for which there is no match; the other restroom is slated for Bourdeau Park, and it has no match as it was submitted, although the Board can submit match for that one and get more points, but no match was submitted.  Commissioner Anderson inquired if the Hoover bathroom is being built using carry-forward money.  Mr. Lusk replied if there is any carry-forward, then yes.  Commissioner Anderson stated it is correct that the projects were budgeted; but he feels like the Board should be putting money away anywhere it can; and he does not know if the restrooms are needed right away, especially the Hoover Park restrooms.  He advised he believes the Board should carry the money over to next year; and he will not be supporting the item.

 

Commissioner Bolin inquired what is currently being used at Hoover Park as a public restroom, and where is the closest restroom.  Sergeant Major stated currently, port-o-lets are being used; there was a restroom concession building at Hoover; but it was an old structure, and it had to be demolished because of structural integrity issues.  Commissioner Bolin stated she was looking at the restrooms as a public health and safety issue; and she is supporting it.

 

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to authorize permission to advertise, bid, and award a term contract to the lowest, qualified, responsive bidder to establish an annual agreement for the purchase of Prefabricated Concrete Restroom Buildings for various  County  Parks;  authorize the Chairman  to  execute the  Contract  with the awarded vendor; and direct staff to bring the item back to the Board if the bid exceeds the projected amount. Motion carried and ordered; Commissioner Anderson voted nay.

 

 

 

Commissioner Infantini stated she pulled the item because the wording on the contract states “concessionaire give the County 15 percent of their profit”; the contract defines receipts after sales tax as net income; they are two different numbers; and aside from the legality of the wording being contradictory, if someone sets their profit to be turned over at 15 percent, that means they could get their profit down by paying themselves an extra salary.  She stated her reason for not supporting the request, and any others that may come in front of her, is the wording; and she would like to change the word “profit” to “receipts”, as receipts are a fixed number, and profit is not.

 

Motion by Commissioner Infantini, to deny Item VII.B.6. and to negotiate for new terms and change the definitions to make it be a certain percentage of gross receipts.  Motion died for lack of a second.

 

Don Lusk, Parks and Recreation Director, stated the problem is going to be that the issue is at the point where the contract expires; and the best thing for staff to do is look at the issue six months to one year from now.  He stated there are at least two other contracts for concession; and he would rather extend it for a year and look at those definitions as they relate to all of the concession contracts.  Commissioner Infantini stated she would rather see stuff presented to her in a timely fashion so the Board is not up against a deadline; stated she will not vote to renew the contract as it stands; and she would like contracts brought to the Board at least a month in advance of expiring. 

 

Commissioner Fisher inquired if there is a clause in the contract to go from month to month if not renewed before the expiration date.  Chairman Nelson stated he reads the contract as 15 percent of the gross, minus sales tax; in other words, a percentage of sales tax is not being paid; and the question is how the Board has been interpreting it up to this point.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve the Agreement to Extend and Amend Existing Contract with Birdies and Eagles Enterprises that extends the term providing concession services and adding a provision for background screening at Habitat Golf Course for two months, allowing time for Commissioner Infantini to meet with staff; and authorize the Chairman to execute the Agreement to Extend and Amend Existing Contract.  Motion carried and ordered unanimously. 

 

 

 

Dennis Neterer, Interim Fire Chief, advised Fire Rescue has not increased billing rates since 2003; currently, the annual revenue from EMS billing is projected for FY 2009 at approximately $10.75 million; EMS is a General Fund subsidized program of which Fire Rescue utilizes approximately $12.1 million; and obviously, if the revenue can be increased from EMS billing, the would be a decrease in the General Fund transfer, which will be very helpful in the upcoming budget year.  He stated the current rates are four principle rates, two of which do not capture full value of what Medicare allows; there are three levels of care in the rate structure; there is BLS which is EMT level, which is oxygen, and patient assessment; ALS 1 is the level of care that can be done by an EMT intermediate or a paramedit; and that is cardiac monitoring, starting IV’s, and administering medication.  He stated the third rate is ASL 2, which is the most significant in terms of patient care; multiple types of medication is administered.  He stated the BLS and ALS I rates are above the allowable currently; the ALS II rate is currently below Medicare; and the ALS II rate for Fire Rescue is $499, the Medicare allowable is $562.96.   He stated another rate in which Fire Rescue falls below Medicare is in mileage; the Fire Rescue mileage is $6.00; and Medicare’s mileage is $6.87.  He stated the charge mix is who is billed for service; self-pay are the folks who are uninsured; Medicaid is seven percent, Medicare is 51 percent, and private insurance is 14.5 percent.  He stated Medicaid and Medicare hold solid, but Fire Rescue bills out $27.5 to those without insurance, but only six percent is returned; 14.5 percent is billed out in insurance, and then they contribute 37 percent of Fire Rescue’s revenue stream; and that is basically who is being billed and who Fire Rescue is getting money from.  He stated Fire Rescue wants to make some basic assumptions; one assumption is that the transport volume remain stable; Fire Rescue averages 40,000 patients per year taken to hospitals; he is going to assume that the billing and pair mix of patients does not change; the current collection rate is 66.59 percent; he is going to assume that is not going to change; and he is also going to assume that Medicare, Medicaid, and private insurance continue to pay at the current rates.  He stated if all Fire Rescue’s rates matched Medicare across-the-board, it would lose $260,000 annually.  He advised EMS billing is 47 percent of the revenue stream; the General Fund contributes 53 percent; and in terms of who clients are in terms of medical care, ALS I is the largest treatment group at 63.2 percent of the 10.7 million ALS I accounts for 6.8.  He stated Fire Rescue did a comparison against 59 other providers, 17 counties and 42 municipalities; the rates the Board sees now reflect what the average of those rates are, what the median is, and Fire Rescue’s rates; and the Board can see Fire Rescue is below what is going on amongst the other providers.  He stated one option for Fire Rescue is to raise the two below Medicare allowable rates of mileage and bring them up; another option would be to look at the other providers and charge the median rate of what everyone else is charging; and the anticipated revenue increase per annum would be $590,000 for doing that.  He stated the third option would be to charge the average rate of the high, low, and all the providers using the average rate; and that would bring in $730,000.  He stated Fire Rescue would like to ask permission to advertise for public hearing because there is a rate resolution that needs to be advertised.

 

Commissioner Anderson stated he thinks the Board should be looking at the average; the Board is going to have to find a way to defer those general revenue funds and hopefully it will be successful in its own collectibles; and this is a hard decision the Board knew it was going to have to make.  Chief Neterer noted any rates raised above the Medicare allowable is basically being paid  by private  insurance;  patients  who  have  Medicare  and  Medicaid  do not  pay  an increase because those allowables are held in place.  Commissioner Fisher stated insurance companies usually have a customary charge also.  Chief Neterer stated in talking to the billing vendor who handles a lot of providers, that is not necessarily true; private insurance will look at what they believe is reasonable.  Commissioner Fisher stated private insurance companies look at what is reasonable and customary in the marketplace; his option would be which ever is going to have little impact on the citizens; the people who are paying are Medicare and the private insurance carriers; and Medicare has a set rate they are going to pay for the service, but a private insurance carrier is going to pay what is customary and reasonable for the marketplace. 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to grant permission to advertise a public hearing to consider adoption of rates that represent the average of other providers (17 counties, 42 municipalities).  

 

 

Interim Assistant County Manager Frank Abbate noted the intent of the request was to ask that in the future, when Medicare Rates go above the County’s rates, that the County’s rates would automatically adjust as well. 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to modify the previous motion to include approving that when Medicare rates increase above the County’s rates, the County rates automatically adjust to the Medicare rate.  Motion carried and ordered unanimously.

 

 

 

Robin Sobrino, Planning and Zoning Director, advised the Special Magistrate has conducted a hearing on a Vested Rights application for Sharon B. Farrar; it is Case No. 08-03; Ms. Farrar was cited for maintaining captive wildlife without the proper zoning approvals; and during the Vested Rights case, Ms. Farrar tried to demonstrate there was some reliance upon County actions that resulted in her maintaining the animals on her property.  She stated the Special Magistrate has recommended to the Board that there was no finding in the testimony that led him to believe that there were Vested Rights for Ms. Farrar; it is presented to the Board as a recommendation for denial of Vested Rights; and the basis is that the applicant failed to take reasonable measure to ascertain County requirements prior to bringing captive wildlife to the property.  She noted the applicant made a cold-call to the County and presumed she had reached the appropriate authority for zoning information; no evidence was presented that detailed any discussion of zoning related matters during that call; testimony from the applicant indicated reliance upon a Fannie Mae approval form dated March 2004 regarding the zoning on the property; and that form was prepared four years after the establishment of the use.  She stated the Special Magistrate has stepped outside of his traditional role in hearing the Vested Rights case and had suggested the Board might want to consider what he characterized as a conditional use variance; unfortunately, no such terminology is  available  in the Brevard County Code; but what the Special Magistrate was suggesting was that the Board consider some period of time to allow the animals to be relocated to an alternative site; and that was part of his proposal to the Board.

 

Assistant County Manager Mel Scott inquired if the County Attorney could provide for the Board and the audience the parameters within which testimony is received, as there is some protocol as it relates to not hearing the case. 

 

County Attorney Scott Knox advised the Board is not rehearing the case; it is strictly a decision on whether or not to accept the Special Magistrate’s recommendation; the Board can consider the findings of fact made by the Special Magistrate, but it cannot change those; the application of the law to the facts can be changed; and if the Board does not agree with his conclusion of laws, it can change that. 

 

Philip Fougerousse, Esquire, representing Ms. Farrar, stated he also represents the Central Florida Animal Reserve (CFAR), which is a non-profit organization that has been charged over the years with the responsibility of caring for the cats; Ms. Farrar owns the property and has allowed the organization to operate from that facility; and as Attorney Knox stated, he is not present to argue facts.  He stated during the course that the event has been going on with the County, almost simultaneously there has been civil litigation; beginning on November 1, 2007, the organization said to the founder, Ray Thunderhawk, that he was a detriment and a liability, and that he had to leave; at that point they were rewarded by four of the Board members, along with the corporation, with a lawsuit; and everyone was named individually.  He noted it was a year before the case went to trial; it was a three day trial; and after the trial was over, out of the 58 cats, including lions, tigers, and leopards, that were in legal dispute, the plaintiff, Mr. Thunderhawk, walked away with one cat; and the rest of them were awarded to the organization by Judge Turner.  He stated what has transpired through all the agony and expense of the organization, is that a partnership has been formed with Brian LeClair, who has property located in the Mims area, near U.S. 1; he has sent Ms. Sobrino information on the property and requested that she respond before today; and he believes if his client goes through the proper application for a CUP, she will have a parcel on which she can set up the organization; but the tough part is getting 58 wild animals from one location to the other, as it is not the sort of thing that can be done overnight.  He stated the cages have to be built; not all of the cages on the site are transportable; it is a private organization that accepts no funds from any other organization or any governmental entity; and it is largely dependent on volunteers.  He stated he is respectfully asking for time in order to make the transition happen; and his client will agree to the conditions that the Special Magistrate placed on the organization.  He stated one of the issues in the lawsuit was breeding; Mr. Thunderhawk was breeding; and the organization was very much opposed to that; but since Mr. Thunderhawk has been ousted, his client has done something the veterinarians wanted done for a long time, which is spaying and neutering.  He stated the Special Magistrate was impressed by a comment made by the Fish and Wildlife Lieutenant at the time of a Code Enforcement hearing that said he would have no problem having his family live adjacent to the subject property because it is one of best kept properties that he inspects.  He stated in addition to the property being over 10 acres, there is room to expand westward and acquire other land as the need arises.  He stated his client needs the time  to get  the  animals  transferred;  the alternative is  euthanization  of the  animals  because Florida Fish and Wildlife Commission (FWC) has already told his client there is no other place to put the animals; and his client has agreed to add no additional cats to the property until the transition takes place, and if any cats pass away, his client has offered to not replace them with others. 

 

Commissioner Bolin inquired how much time is Mr. Fougerousse’s client asking.  Mr. Fougerousse replied the Special Magistrate recommended two years; two years is a realistic time period, recognizing that over the course of that time, the number of animals on the current site will be decreasing as they are transported to the new site; in the beginning there is going to have to be work done in preparing the site in order to be able to house some of the animals; but within a few months there will be a decline in population; and it is a monumental effort.

 

Commissioner Anderson stated the plan is contingent on the other property receiving the zoning and conditional use permit; and inquired how long it will take to receive the zoning and conditional use permit.  Ms. Sobrino replied based upon the Board’s calendar, she would estimate that if Mr. Fougerousse filed an application tomorrow it could be considered by the Board no earlier than August, because the Board recesses in June and does not hear zoning items in July.  Commissioner Anderson stated the applicants would not be able to begin moving animals until September or October. 

 

Commissioner Fisher inquired where the property is located in Mims.  Brian LeClair advised the property is on the border of Volusia County and Brevard County, and is really located in Scottsmoor; and there is a total of 17 acres.  Mr. Fougerousse noted there is a parcel in the front that is residential and would not fit the requested zoning.  Ms. Sobrino advised after subtracting the residential zoning along U.S. 1, there would be approximately 15 acres of AU property.  Commissioner Fisher inquired if there are neighbors.  Mr. LeClair replied there are three neighbors; but he has talked to all of them; and they are all in favor of the reserve.  He stated the cages will be 300-feet, which is beyond any limit the State requires; and stated he has some cats in Mims right now.  Commissioner Fisher inquired if staff is going to recommend the zoning at the next meeting.  Ms. Sobrino replied through the conditional use permit process, as long as Mr. Fougerousse is able to submit a site plan and commit to compliance with the requirements of the conditional use permit, the Board would be able to approve it.  Assistant County Manager Mel Scott noted staff does not offer recommendations for rezonings; staff provides the Board with findings of fact; and stated no, staff will not be offering a recommendation for approval. 

 

Chairman Nelson stated if within one year, the applicant does not have a CUP, then there is a bigger issue; and the Board can stipulate that the applicant must receive a CUP on a site within the first year and have relocated by the end of the second year.  He noted the neighbors will also have an opportunity to come out and say they do, or do not, agree that it is a good location. 

 

Thomas Blue stated he and his wife have been practicing dentists in Brevard County since 1983; and they also serve on the board of directors of CFAR, the Central Florida Animal Reserve.  He stated CFAR is a sanctuary for the preservation of the great cats; it is a 501(c)(3) organization with an all volunteer staff; CFAR was organized in November 2007 from a prior corporation named Thunderhawk Enterprises, Inc.;  and CFAR has reorganized everything from the prior organization and has inherited many items that required tremendous time and money.  Mr. Blue stated CFAR continues to make monumental progress on all fronts; and the Florida Fish and Wildlife Commission and the U.S. Department of Agricultural are pleased with CFAR’s progress and the status of the facility as it stands.  He stated CFAR is completely committed to the safe guardianship of the big cats under its care; CFAR is committed to the safety of all of its staff and especially the general public; and CFAR is a very professional organization that has never had any public safety issues, even in the 2005 hurricanes, flooding from Tropical Storm Fay, and the wildfires of 2006.  He stated CFAR represents a tremendous conservation and education resource for the residents of Brevard County and Central Florida; there are many enthusiastic supporters; and CFAR looks forward to working with Brevard County and its residents in the future.  He noted many Brevard County residents have never had the opportunity to see the magnificent animals at the CFAR facility, such as lions, tigers, leopards, and some cougars.  He requested the Board work with CFAR as it conscientiously cares for the animals under its care and allow the maximum amount of time to make a successful transition onto an appropriate property.  He noted it takes a tremendous amount of time and financial backing to construct an enclosure, let alone a new facility, and then to move a lion or a tiger; it is a stressful change for that animal; and performing the task with many animals requires a great deal of patience and coordination.  He stated tigers are critically endangered; there are less than 4,000 tigers in the wild; CFAR houses some of the most amazing creatures in the world; and requested the Board allow the maximum time the Special Magistrate recommends.

 

Mr. Fougerousse expressed appreciation to the Board for letting him present the case; and complimented the Board for the fantastic spirit of cooperation and camaraderie that exists with the Board.

 

Chairman Nelson stated he would suggest the Board accept the two-year option with conditions; and one additional condition that the applicant’s must receive a conditional use permit within the first year. 

 

Commissioner Infantini inquired if the CUP requirement can be reduced a little; stated she loves animals, but also people; and she is concerned about safety.  She stated the cages do not have tops on them.  Mr. Fougerousse stated the cages do have tops.  Commissioner Infantini stated she will stand corrected.

 

Commissioner Fisher inquired what is the recourse if the applicant does not get the conditional use permit in the first year.  Chairman Nelson stated the item would come back to the Board; the Board would go back to the original order; and they would have to cease and desist and get the animals out immediately.  County Attorney Scott Knox advised if they did not get the animals out immediately, the County could sue for injunction and get a court order to get the animals out.

 

Attorney Knox stated there is one issue the Board needs to be aware of; there are Code Enforcement cases pending against the CFAR facility; and the Board may want to either abate those cases, or get them somehow resolved.

 

Kristen Dorsey, Assistant County Attorney, advised in 2006 the facility was cited for being in a zone where it should not have been; that is where the Vested Rights action stemmed from; the Vested Rights was brought on the basis of a notice of violation having been sent to applicant from the Code Enforcement Officer; then there was an action brought in the Circuit Court, which they did not win; and the County Attorney’s Office tried to get that action back in Code Enforcement, which is when the Vested Rights action was applied.  She noted there were a number of neighbors that were very concerned and spoke at the Code Enforcement hearing, which has been incorporated into the Vested Rights case; the neighbors were very concerned about the facility being located near them; additionally, there were also concerns that the facility does not have licenses to carry any chemicals; and the only method to take down the cats would be with a gun, if a cat should leave the property.  She stated if the Board allows the animals to remain on the property for another two years, it would abate Code Enforcement action for that period of time. 

 

Chairman Nelson inquired if there have been any instances of animals escaping.  Ms. Dorsey replied no, not escaping fully off the property; one animal did break through a cage enclosure and kill another animal; that was when the cages met the Florida Fish and Wildlife caging standards; and that testimony was included in the Code Enforcement package.  She stated another animal bit off the tip of a finger of one of the workers; and that incident is also included in the Code Enforcement package and the Vested Rights package. 

 

Commissioner Anderson inquired if those incidences occurred when Mr. Thunderhawk ran the facility.  Ms. Dorsey stated she believes the tiger broke through the cage enclosure just after Mr. Thunderhawk left the property; and the two other incidences occurred in 2007.  Commissioner Infantini stated the report is dated December 26, 2007.  She noted one of the tigers died as a result of one of the incidences; that is her concern with the two year timeframe; and she would like to be accommodating; but if a tiger can get out to get to another tiger, what is keeping it from getting out to people.  She stated if the cage is covered, then the question is how did the tiger get loose.  Mr. Fougerousse advised the problem occurred on December 26, 2007; some of the cats were in common cages, which are large structures and are subdivided; Mr. Thunderhawk put the wrong cats next to each other; there was one tiger with a female in heat in one cage, and another tiger immediately adjacent, which is a bad thing to do; and there was a breach internally within the separation between the two tigers; but there was never a breach to the external structure.  He stated the existing organization had tried to get the breeding stopped; but it happened so quickly after the takeover of the organization; and it was a tragedy that it happened. 

 

Chairman Nelson inquired why the organization does not have a license for tranquilizing.  Sharon Farrar replied it is very difficult to obtain a license; it is controlled federally by the Federal Drug Administration; regulations have to be met; there has to be safes to keep it secure from anyone else getting to it; and it is also very difficult to administer properly, even if the drugs and dart guns are on site.  She noted an organization would have to go through a special chemical and mobilization course; and several of her volunteers have been through the course; but the license is very difficult to get and to maintain by following all the required regulations.  She stated some sanctuaries have a license, but most do not.

 

Commissioner Fisher inquired how a cat would be contained if it were to get loose without shooting and killing it.  Ms. Farrar stated it depends on the cat, where it is, and what level of breach; she is required by the State for annual licensing to provide an emergency protocol document; and things like that are stipulated, such as the level of escape and if they just breached to another cage, or did they breach to the inside perimeter.  She stated the worst case would be a breach to the outside perimeter; and each level has a different level of protocol.  Commissioner Fisher inquired if a cat has to go through two or three cages before they to the public.  Ms. Farrar replied there is a minimum of two levels, but some have more depending on how the cages are structured.  Commissioner Fisher inquired what is the final level; with Ms. Farrar responding it is the outside perimeter fence for the facility.  Commissioner Fisher inquired if the fence is a six-foot wooden fence; with Ms. Farrar responding no, it is an eight-foot chain link fence with two strands of barbed wire; and the eight-foot requirement is a State requirement.  Commissioner Fisher inquired if Ms. Farrar has a State license.  Ms. Farrar replied yes, the facility is licensed by the Florida Fish and Wildlife Commission and by the USDA. 

 

Commissioner Anderson inquired if a cat breaches the exterior fence, what level of force is used.  Ms. Farrar replied deadly force would be used.  Commissioner Anderson inquired if there is someone onsite 24-hours a day that has access to a firearm.  Ms. Farrar replied most of the time, yes; but she cannot attest to 24 hours a day because there may be a gap in time sometimes.  Ms. Farrar stated public safety is a high priority; but the animals are a high priority also; and she does not want an animal breaching the fence either.  Commissioner Anderson stated he just wants to be assured by Ms. Farrar that she and her volunteers will do everything they can to keep the cats contained, and that all force is taken to keep a cat from getting outside the external perimeter.

 

Mr. Fougerousse stated if the Board lets Ms. Farrar have the two years with the conditions built in, it will not have to file an injunction at a later time; if the organization cannot accomplish the move in two years the Board can immediately revert to a Code Enforcement order.

 

Ms. Farrar stated deputy sheriffs, fire marshals, and County officials have been on the property; and anyone is invited to inspect the property at any time.

 

Commissioner Anderson inquired if the Board can incorporate zero tolerance provision in the approval if any cat is reported outside of the perimeter.  Attorney Knox replied yes.  Commissioner Infantini stated she would like to see 50-percent of the cats moved at the end of the first year, with the completion of the cats moved by the end of two years; she does not know if that is technically possible, but it would show progress rather than waiting 18 months down the road and finding out the cats have not been moved; and she would prefer not to procrastinate, but to have a time-certain so the Board can see progress.  Mr. Fougerousse stated he agrees, except there is a problem with getting the CUP in the timeframe because then the cats would have to be moved in four to six months; but it is possible to have cats moved within the first year after the approval of the CUP.  Commissioner Infantini stated she does not know why it takes so long to move 48 animals.  Ms. Farrar stated a lot of it is the infrastructure; water and drainage has to be supplied; that has to be up front; the cages are very secure in the way they are built; and all that takes time when it is most of the volunteers are providing the labor and the money.  Commissioner Fisher inquired if the cats are sold.  Ms. Farrar replied the facility is a rescue organization; and the cats that are rescued are provided a sanctuary for the rest of their lives.  Ms. Fougerousse stated the Board would be amazed at the number of people who still buy a cub tiger or lion as a pet; and when it gets big, someone is looking for an organization such as CFAR in order to keep the cat from being euthanized.  

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to approve allowing two years for the relocation of captive wildlife regarding Vested Rights Application for Sharon B. Farrar, with the following conditions:  1.) That the applicant must receive a Conditional Use Permit within eight months, having relocated all animals by the end of the second year to the new location; 2.) The applicant shall not accept additional Class I predators or continued breeding on the property; 3.) The applicant must pass inspection by Florida Fish and Wildlife within five days; 4.) The applicant, or associated organization, may not involuntarily or voluntarily lose Class I predator rescue and reserve license; 5.) The applicant, or associated organization, shall not discontinue the Class I predator rescue and reserve operation; and 6.)  Should an animal escape through a breach of security, all conditions are void.  Motion carried and ordered unanimously.

 

 

Attorney Knox stated the request is technically a denial of a Vested Rights application, and the Statute is going to require staff to come back with a resolution on the Consent Agenda which lists all the conditions the Board just imposed.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to directed staff to bring back a resolution reflecting the denial of the Vested Rights application.  Motion carried and ordered unanimously.  

 

 

Sheriff Jack Parker stated the Brevard County Sheriff’s Office (BCSO) has an opportunity to possibly bolster its law enforcement agency with more deputy sheriffs; as the Board knows, the BCSO is not meeting its Comprehensive Plan with the number of deputy sheriffs for Brevard County; and the BCSO is approximately 76 deputies short.  He stated the issue has been put on the back burner because of the economic situation; but it is at the point now that regardless of the economic situation, there is a responsibility owed to the citizens, safety-wise to make sure there is an adequate number of deputy sheriffs.  He stated the Comprehensive Plan, which was approved and created by the Board of County Commissioners is there for a reason; it requires a certain minimum number of deputy sheriffs; and BCSO is short by 76 deputies.  He stated his staff is going to come up with a five-year plan of 15 deputies per year to try to get back up to speed; but he realizes that is difficult to do.  He advised the BCSO has taken advantage of the COPS grant funding in the past; Community Oriented Policing Services (COPS) grant funding is a stimulus package to try to put more law enforcement officers on the road and put some seed money out there  to  allow  the  Board  of  County  Commissioners  and   city  councils   to   take advantage  of it; and  in the  past it has  been good, but not great.  Sheriff Parker stated the COPS grant funding would provide the first year of funding and then the second year it would provide 75 percent, and 50 percent the third year, and the Board had to match that and fully fund it.  He noted this year, the COPS grant funding is more interesting; it will provide three full years of funding; that means if the Board approves deputy sheriffs, whether it’s 20, 40, or all 76, they would be provided full funding for those deputies, including compensation and benefits and cost of living increases; and that sounds good on the front end; but what is bad on the back end is that with the way it was done in the past, cost sharing could be prepared for.  He stated if the Board does not take advantage of it, the BCSO will still have to add the deputy sheriffs and not take advantage of the federal funding.  He stated there is a glimmer of good news; although there is no guarantee yet, Chief Bill Berger of the Palm Bay Police Department contacted him and told him the National Association of Chiefs of Police have been in conversation with Vice President Joe Biden and they have been expressing that the fourth year is difficult for county commissions and city councils to fund; and right now they are trying to work on an alternative where they pick up a fourth year of full funding, a fifth year of 75 percent, and a sixth year of 50 percent funding; but that will happen after the grants are awarded, so he cannot bank on that, and he has to look at the worst case scenario.  He stated the worst case scenario is the BCSO gets three years of funding and it has to start planning on the fourth year, which is a substantial number.  He stated the number of 40 deputies was a compromise; he would rather have all 76 deputies; but he asked his operations staff what would be needed as a minimum right now and the answer was 40 deputies, which is two deputies per squad, per precinct. 

 

Commissioner Anderson stated the Board exists to ensure health and safety; he concurs with bringing on the extra deputies; and inquired how Sheriff Parker anticipates handling the additional equipment, such as cars and radios.  Sheriff Parker stated it is not going to be easy, but he did not feel successful coming to the Board accepting the 40 deputies and asking for $2 million in additional equipment as well; right now his staff is doing everything possible to meet that need in-house; and that means keeping cars longer than he may want to.

 

Commissioner Bolin inquired if Sheriff Parker is saying he can absorb the indirect costs in his current budget.   Sheriff Parker stated yes, but the positions are not supervisory positions, and he would absorb, in-house, any costs incurred by the additional personnel.  Commissioner Bolin inquired if Sheriff Parker can do that despite the fact that the Board has budget reductions.  Sheriff Parker stated it is not going to be easy; he is in the middle of his budget process with trying to figure out what to cut; in his 2004 campaign, he made a lot of promises; a lot of those promises came true; but it meant cutting a lot of fat and putting deputies on the road; and it left him with little room to work in subsequent years.  He stated the fact of the matter is crime is rising, the economy is continuing to suffer, and when it suffers crime goes up; and he thinks the BSCO should be as close to its Comprehensive Plan as possible, which means working overtime to make it happen.

 

Commissioner Fisher stated it is a $2.3 million situation; with STEP increases the number goes to $2.5 million; and at some point in time cars are going to need to be replaced.  Sheriff Parker stated he is not going to hit the Board up for a bunch of new cars as a result of the new deputies; there will be an impact with using things longer  than he  wants to;  but  Commissioner Fisher is right, in that the cars will have to be replaced faster because of the 40 new deputies, so there is going to be a financial impact to the Board for the equipment; and he will do his best to not make it a burden for the Board for the next couple of years.  Mr. Whitten stated there is only one way to fund road deputies in the unincorporated area; it is the law enforcement MSTU, which is property tax; and to the extent that all 40 deputies go there, how it is going to be funded out of that millage has to be considered.  Commissioner Fisher inquired if the Board would have to raise the millage on the MSTU, or is it General Fund millage.  Mr. Whitten stated it is the law enforcement MSTU; and the Board could raise that millage or cut other millages; but it would somehow have to accommodate the funding requirement within the law enforcement MSTU.  Commissioner Fisher inquired if that MSTU is limited to three percent; with Mr. Whitten responding it is part of Cap It and the other restrictions.  Commissioner Fisher inquired if three percent would increase it enough to fund it.  Sheriff Parker advised by itself, it does not get limited to three percent; it is his understanding the aggregate gets limited to three percent; if the Board were to increase the MSTU by six percent to meet the needs of law enforcement, then it would have to decrease its millage in order to have a rollback.  Mr. Whitten advised that may be an issue this year because the tax roll is going down; the Sheriff has a certain number of positions that are currently supported out of that; and there is always movement within the aggregate.

 

Commissioner Anderson inquired if there is a continuing decline of the assessments and population of Brevard County, would attrition in the BCSO offset the 40 new deputies in four years.  Sheriff Parker replied no; it would be bad to layoff 76 deputies; but if things get better, it will work out. 

 

Commissioner Infantini stated the tax rolls have rolled back this year from $38 billion to $31 billion; that is approximately a 15 to 20 percent decrease; and inquired if Sheriff Parker is going to be able to incorporate that into his budget if the Board does not raise the millage.  Sheriff Parker replied that question is difficult to answer because he is just now putting his budget together; overall, in a revenue picture the BCSO is approximately $4 million over to maintain status quo; and that is no increases to the employees.  He stated maintaining status quo is $3 to $4 million than it was last year; to maintain status quo he cannot expect, in this bad year, that he can come to the Board and ask for another $4 million to run the BCSO with $108 million budget and take it to $112 million just to run status quo; and his office will go to work to figure out how to get to some type of status quo revenue picture.  He stated given what the Board is going through, he does not feel good having to bring the Board a budget bigger than last year, even if it is for status quo; and that is his objective right now.  He stated the MSTU millage, although very important in the end game, is not looked at currently; what is looked at currently is providing the necessary services to keep the public safe in seeing the big picture in revenue and trying to get everything as low as possible; and whatever the magic number is in the end is what he will bring to the Board.  He stated if the BSCO was fully-staffed, it would have more flexibility; but he is not where he would like to be as a Sheriff’s Office for Brevard County; and he would hate to go backwards. 

 

Commissioner Bolin inquired if she is doing a disservice by putting the burden on Sheriff Parker of 40 more people  that  he has to now do  an indirect cost for; and as  Sheriff Parker just stated, he is struggling to get down.  Sheriff Parker stated it is not a disservice, but it is a burden; but the BCSO is about public safety; it may be a burden and challenging, but to him it’s worth the effort to do his best to make sure there are enough deputy sheriffs to meet the needs of the citizens.  Commissioner Bolin stated she does not think she can agree to 40 new deputies; she knows that in the fourth year she cannot see taking a hit for that amount of money; she would be comfortable with less than 40 by judging what the economy might or might not do; but she cannot see hiring 40 new deputies. 

 

Chairman Nelson stated he agrees with Commissioner Fisher on the courthouse security; he can support the 40 positions because the reality is a three-year period; and the likelihood of the Sheriff being able to maintain status quo-no new deputies-for three years is unreasonable.  He stated the Board has an opportunity to look at meeting those needs earlier than it would have otherwise using federal dollars; the Board has three years to address how it is going to fund it; and the Board may get some help from the federal government. 

 

Commissioner Fisher inquired if it is possible to bring the issue back to the Board on the April 9, 2009 because he would like to get an understanding of what the game plan is to fund it and get both sides committed to a way to do that; and it might mean that because of the cap on the MSTU, that the Board starts making adjustments for that today.  He stated he thinks it is worth 10 days to at least allow Mr. Whitten and Sheriff Parker to get together and come up with a game plan. 

 

Chairman Nelson stated there is going to be a contract that comes back; the federal government is not going to just write a check; there is always that opportunity when it comes back; and by then the Board will have decided whether it was a good idea or not a good idea.  Sheriff Parker stated the Board does not have to execute the final contract; and he may ask for 40 deputies, but the federal government may only allow 22.  Chairman Nelson stated he is comfortable that if the Board gives it a priority as a Commission, that the magic will happen; it is a commitment on the Board’s part; and law enforcement is important.  Sheriff Parker stated he agrees that deputies need to be placed at entry points at the courthouses; and he would offer that as part of the 40 deputies to allocate 4 of the deputy sheriffs for the courthouses; and that way, the Board does not have to figure out a way to fund it this year or next.

 

Commissioner Bolin stated she will support 40 deputies if 4 are to be allocated to the courthouses for security.  Commissioner Anderson stated he feels comfortable moving forward to ensure meeting the grant deadline. 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to grant permission for the Brevard County Sheriff’s Office to apply for the U.S. Department of Justice COPS Hiring Recovery Program grant to fund the salary and benefits for 40 new deputy positions, there shall be one each placed in the Titusville Courthouse and the Melbourne Courthouse, and two at the Moore Justice Center in Viera; authorize the Chairman to execute the necessary grant documents; and authorize any necessary budget amendments upon receipt of the funds.  Motion carried and ordered unanimously.

 

 

Joann Davis she is looking for clarification; she wants to make sure when she comes back to the Board on April 28, 2009 that she has something for the Board to be able to vote on; and that is why she is asking for clarification.  She noted at the February 17, 2009 Board meeting, she understood that the direction to proceed was for the petitioners, the Davises and the Lees, to work together with the County Attorney’s Office to work through the details of an agreement for vacating with a stormwater easement, public access, and the need for possible access for the annual boat parade; and she met with County Attorney Scott Knox and Deputy County Attorney Eden Bentley in March.  She stated they discussed the vacating with the stormwater easement; Attorney Knox indicated it should not be a problem; public access for the annual boat parade was discussed also; and there were still some questions concerning the public access.  She advised Attorney Knox called her the next day and told her the preference was to vacate allowing access for a homeowners association; and Attorney Knox told her she and the other petitioners need to retain their own attorney to negotiate the position and understand the liabilities.  She stated North Waterway Estates does not have a homeowners association; the South Patrick Residents Association (SPRA) is a voluntary association; it encompasses six different subdivisions in which North Waterway Estates is one of the six subdivisions; and a person does not have to be a homeowner to be part of SPRA.  She noted many years ago North Waterway Estates had a homeowners association; it was not supported by the homeowners and it dissolved; and that was explained to Attorney Knox, because she thinks it is outside the scope of having the responsibility for her and the other petitioners to create a homeowners association.  She stated she would like clarification on if she can proceed forward to work towards detailing out the agreement for the vacating with the stormwater access easement and other possibilities allowing public access for the boat parade, understanding there are issues to work out with liabilities.

 

Gary Hanlin stated he attended two SPRA meetings in which the subject was discussed; the whole situation was vented at the SPRA meeting; stated Natural Resources Management Director Ernie Brown and Public Works Director John Denninghoff were present at that meeting; there were approximately 60 homeowners at that meeting, in which a good percentage were against the request.  He stated Board Policy 77 was mentioned at the meeting; the neighbors felt it was a given that the request would be denied; the recommendation to the Board was to deny it; but the Davises had the right to make a presentation in front of the Board; and the community did not realize the issue would carry on as it has been carrying on.  He stated some of the Commissioners do not know that SPRA is the unincorporated area from the Air Force Base to Satellite Beach; and SPRA has been very active in maintaining that part of the County.  He stated he would like the other Commissioners to know the issue has been discussed.

 

Bill Davis stated he understands it is a difficult situation; he is trying to look at what the community wants as well as what he and the other petitioners are trying to do as far as safety; and it is an issue of safety and security of the property.  He stated the “No Fishing” signs have been taken down; those were put up because 10 years ago a neighbor asked the County to put them there; there was an issue with fishing at that time and with people hanging out on the property; and now with the signs taken down, Mr. Hanlin went to the County to ask for more signs to be placed across the canal from his property because he is having the same problems. 

 

Chairman Nelson stated the Board does not want to re-argue the case; and Mr. Davis wants to know what he should be doing between now and the next meeting.  Mr. Davis stated he has explored a lot of options; there are other things going on that he is not aware of; and inquired if there is a possibility of a solution that can be worked out. 

 

Commissioner Infantini stated the individuals that attended the SPRA meeting were under the impression that the Board typically follows their recommendations; in this case the Board did not follow the recommendations; and SPRA thought is was a done deal, which is why there are not a lot of people present today contesting the vacating.  She stated it is her understanding that the homeowners did not want the property to be vacated and they plan to attend the next meeting; it was mis-communicated that the residents were only worried about not seeing the boat parade; but actually, they never wanted their access to be vacated; and it would be a violation of their property rights. 

 

Commissioner Bolin stated she believes there are many options being addressed; one option is for the Board to not do anything and leave the land within its own property; another option is to consider a public park; and another option is to do a vacating on it.  She asked Attorney Knox to give the Board his opinion on what was actually stated. 

 

Attorney Knox advised he also listened to the tape from the SPRA meeting; the motion was to table the item to consider options; part of the instruction in that process was for him to meet with Commissioner Bolin, which he did, and also to meet with the Davises, which he did; and one option that came up was the possibility of a neighborhood homeowners association for the immediate neighborhood; and it was his recommendation to the Davises that if that was an option to be considered by the Board, they may want to consult a lawyer because the County is not in the business of creating a homeowners association.  He stated the easement possibility was discussed and what had to be done in order to get that; if there is going to be an easement, the Davises and the Lees are going to have to cooperate together in the form of an agreement that would involve the County as well; and that is what was discussed with the Davises.  He stated the end result is going to be a report coming back to the Board on April 28, 2009 in which staff presents the Board with the various options; and at that point the Board can decide what it wants to do. 

 

Chairman Nelson inquired who is preparing the options; with Attorney Knox responding right now Cynthia Streeter from Public Works is preparing it with the County Attorney Office’s input.  Commissioner Fisher inquired what are the options.  Attorney Knox advised one option is the easement.  Commissioner Fisher inquired what the easement will do; with Attorney Knox responding it allows the County to vacate the property with a condition upon them receiving an easement for stormwater and drainage purposes, which serves the street that is there.  Commissioner Fisher inquired what that will do to the public access; with Attorney Knox responding it would remove the public access.  Attorney Knox advised the second option is to create a homeowners association that is not as widespread as the SPRA, but more confined to the neighborhood so that people in the neighborhood would have an option to use the property; and the third option is to deny the request. 

 

Chairman Nelson stated one item that should be incorporated in the options is that if it is going to provide public access, what is the County’s responsibility going to be from liability as well as operational expenses; and he would like staff to look at the potential for this kind of same scenario countywide.  He stated North Banana River Drive is a heavily used area that dead-ends into the Barge Canal that is crying for attention; but it is ignored; and if people are going to be encouraged to go out there, then maybe it needs attention.  He stated what the Board does for one location, it has to do for others; and the Board needs to know what the impact will be.

 

Commissioner Infantini stated she drove by the subject property and it is a beautiful piece of waterfront property that anyone would love to own and live on; and the Board would be violating its own policy that says it does not vacate County right-of-way on the water.  Commissioner Fisher inquired if selling the property is an option.  Attorney Knox advised right-of-way is titled to the underlying person who granted the dedication of the right-of-way; the County does not have a legal interest in the property, just a dedicated interest; and the courts have ruled that the County cannot sell a dedicated interest. 

 

Commissioner Bolin stated the issue will be discussed in depth on April 28, 2009; today’s item is just a citizen request to get a clarification.  Chairman Nelson stated Ms. Streeter may need some help in terms of some of the other agencies that would be involved in the management of the property because she may not understand the operational issues. 

 

Commissioner Anderson stated the Board has been put on notice that there is an issue on the property with crime; and if something were to happen, the Board is liable.  Chairman Nelson stated there will be more discussion on April 28, 2009; and additional options can be discussed at that time. 

 

Mr. Davis stated it seems like options are being thrown around, but he is not involved; and inquired if he can be involved in the discussions, because he is directly affected.  Chairman Nelson stated as soon as the options are available, they will be available to the petitioners.   He stated the one option Mr. Davis needs to understand the option related to vacation that would have the easements on it, particularly if there is public access that is being considered; and that is the only one that needs to be looked at because that directly affects Mr. Davis.  He stated the other options are going to be related to how the County manages the site.  Attorney Knox stated the best course of action for Mr. Davis, besides talking to the neighbors, is to come to the next Board meeting. 

 

John Denninghoff, Public Works Director, stated there was mention about not being invited to meetings; he is not aware of any meetings that were held that the Davises were either not invited to, or advised as to the content. 

 

 

Commissioner Infantini inquired why the Board has to solicit another attorney when there are seven County Attorneys.  County Attorney Scott Knox advised the Charter Review Commission is an entity the Board appoints, but they run independently; typically, what the Board has done over the years is hired an attorney for the Charter Review Commission; secondly, the Charter regulates what the Commission does; and if the County Attorney’s Office represents the Charter Review Commission, there is a conflict of interest because it would be representing the group that is going to amend or fix the Charter that regulates the Board, which the County Attorney’s Office also represents.  He stated typically, the Board has gone outside for someone independent so there is no question about that ever happening. 

 

Commissioner Infantini inquired if the Commissioners each get three choices.  Interim County Manager Stockton Whitten advised the Charter language is somewhat misleading; the Commissioners get three appointees, two of which must reside in the District of the Commissioner.

 

Commissioner Bolin stated she concurs that the attorney not be in Brevard County, so there is no undue pressure; and she would prefer someone who does not live in Brevard County so he or she is not influenced in any way on the Charter.  Chairman Nelson stated he is okay with an attorney from within the County because there is a value to understanding the County.  Attorney Knox noted the language presented to the Board in the Agenda item is the same language that came off the last time the issue came up; the last time the issue came up, the Board decided to hire an attorney from outside the County; but the Board is free to make a change if it wants to.  He advised the reason the previous Board chose an outside attorney is because it wanted to make sure the attorney was objective.   Chairman Nelson inquired who was the previous attorney; with Attorney Knox responding it was Alan Galbreath from Clearwater.  Chairman Nelson inquired how much it cost the Board of him to travel to Brevard County; with Attorney Knox responding approximately 4 hours in travel time. 

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to approve the solicitation of an Attorney located outside Brevard County, with relevant experience to assist the Charter Commission in the review process; and direct each Board member to make appointments to the Charter Review Commission prior to June 2009.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve the scheduling of a Housing Projects Workshop for 1:00 p.m. on May 14, 2009.  Motion carried and ordered unanimously.

 

 

Chairman Nelson read into record that the Board of County Commissioners will meet for the purpose of discussing status and collective bargaining negotiations with International Association of Fire Fighters (IAFF) Supervisory Unit; present at the meeting will be Chairman Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, Interim County Manager Stockton Whitten, County Attorney Scott Knox, Assistant County Attorney Morris Richardson, and Brevard Associated Court Services, Inc.’s representative Dana Keenan; the attorney-client private session will be held in the County Manager’s Conference Room, Third Floor, Building C, at the Brevard County Government Operations Center, 2725 Judge Fran Jamieson Way, Viera, Florida, 32940; and is estimated to last one hour or less. 

 

 

Upon motion and vote, the meeting adjourned at 5:43 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    CHUCK NELSON, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)