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

 

 

 

The invocation was given by Pastor Gene Yotka, First United Methodist Church, Cocoa.

 

 

 

Commissioner Infantini led the assembly in the Pledge of Allegiance.

 

 

 

The Board recognized the following employees who successfully achieved their Professional Development Certificates with honors:  John Austin, Laura Bush, Troy Cox, Nancy Gulker, Marena Harold, Sandy Kump, Ed Lanham, Holly Madden, Tabitha Niemann, Christopher Oakley, Lindsay Perry, Debra Sheffield, Kristin Swenson, and Dan Woodend; and the following are recognized employees who have successfully achieved their Professional Development Certificates: Cecilia Burke, Dan Cook, Brett Drabik, Hazel Gill, Steve Hayes, Jill Hill, David Jordan, David McGovern, Jan Meredith, Osbardo Oquendo, Jeanne Potter, Braulio Rios-Martinez, and Carl Tucker.

 

 

 

Roz Foster, a member of the Historical Commission, stated heritage tourism is one of Florida's top three revenue producers, with approximately 42.9 million tourists visiting more than 135,000 historic sites, museums, parks, and ecological sites, spending $3.7 billion annually; and it is a powerful economic tool that creates jobs, helps strengthen local economies, and contributes to the quality of life by using existing resources.  She stated the challenging economic times require innovative methods to do more with less in promoting Brevard County's cultural, ecological, and heritage tourism, in competing with other Florida counties for tourism dollars; and the Historical Commission organized a cultural heritage tourism symposium workshop to provide an opportunity for those organizations with a vested interest to communicate their ideas and suggestions to collectively and effectively promote cultural heritage tourism for the County.  She stated after a innovative program on economics and benefits of historic preservation and cultural heritage tourism, symposium participants were divided into three classroom workshops, representing north, central, and south Brevard County; participants identified existing cultural heritage and historical ecological sites within the respective zones, and discussed the suitability for tourism and effective marketing tools; and identified for Brevard County were, 2,321 existing cultural heritage sites, and 529 museums, ecological sites, trails, and festivals, which is not all inclusive.  She stated based on the results of the symposium workshops, the Historical Commission is offering recommendations to collectively promote existing cultural, ecological, and heritage resources in Brevard County through a consolidated cost-effective tourism marketing program.  She advised the recommendations are as follows: (1.), To coordinate and collaborate with non-profit organizations and municipalities to determine which resources are accessible, promotable, and suitable for tourism, and to find which are applicable to market as special interest groups such as, hikers, birding and fishing enthusiasts, naturalists, cyclists, history buffs, boaters, writers, and artists; (2.), To collectively promote and market cultural ecological, and heritage tourism to county, state, national, and international markets, and propose creating special interest loops as cost effective marketing tools to promote and market to special interest groups; and (3), To create and maintain a well-designed centralized and consolidated website promoting qualified Brevard County non-profit organizations; and markets to Brevard County residents, as well as state, national, and international tourists, and the website would collectively promote and market tourism by producing videos for TV links in hotel/motel rooms, and provide links to non-profit web pages for additional contact information.  She advised the Historical Commission does not require, nor does it ask for, additional funding support at this time, but funding from the Tourism Development Council for development of prototype marketing and promotional materials and website design may be solicited at a later time.  She summarized that the symposium provided insight to the importance and interest in developing a cultural, ecological, and heritage tourism program for Brevard County; a follow-up symposium was requested, and is tentatively being scheduled for February or March, 2012. 

 

The Board acknowledged a presentation by Roz Foster, Symposium Chairman, Brevard County Historical Commission, on the Cultural Tourism Symposium, which was attended by 60 Brevard County Museums and Historical Organizations.

 

 

 

Commissioner Nelson read aloud a resolution recognizing September 4, 2011, as National Wildlife Day.

 

Keith Winston, Brevard Zoo, stated the Zoo has taken wildlife to the air with its new Treetop Trek challenge, which has been doing extremely well in bringing in tourists; and he thanked the Board for the Resolution.

 

Mike Knight, EEL Program Manager, stated as the weather cools, it is a great opportunity to visit the endangered lands sanctuaries; there are a 22 miles of new trails that will be opening throughout the County; and National Public Lands Day is soon as well.  He expressed appreciation for the support from the Zoo through the Scrub-Jay program and other research projects.

 

The Board adopted Resolution No. 11-168, proclaiming September 4, 2011, as National Wildlife Day, which serves to bring awareness to the number of endangered animals nationally, as well as globally, that needs to be preserved and rescued from their demise each year.

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Nelson stated when the Item first came to the Board it had not been before the Historical Commission, and now it has; the Historical Commission has made a recommendation to support the naming of the barrier island Ponce de Leon Island; there are some cities that have also supported the name change; and there are a few more cities that have the issue on their upcoming schedules. 

 

Sam Lopez stated approximately three months ago he was invited by the Secretary of State to visit the Capitol to talk to him about the Juan Ponce de Leon project; and he was invited to the Capitol because the project is not only about Brevard County, it is about the entire state, as well as the nation.  He stated in 2013 the entire state is going to do something in reference to Juan Ponce de Leon and the project; and there will be a replica of the Juan Ponce de Leon boat, as well a museum on the first floor of the Capitol, at a cost of $5 million.  He stated the project has over 70 partners throughout the state that are doing something in reference to Juan Ponce de Leon; when the King and Queen of Spain visit Florida there will be a Navy ship race from San Juan to Miami, then Jacksonville; and hopefully, they will visit Brevard County.  He noted the City of Melbourne Beach is also in the process of requesting the federal government to issue a stamp to be in circulation in 2013.  He stated his group is requesting that the City of Melbourne Beach allow them to have a signing ceremony; the approval of every beachside resident and municipality is not required; but as of today, he has the support of Melbourne Beach, Melbourne, and Indialantic, as well as the Historical Commission, and individuals from Orlando who have sent letters; he has a meeting tomorrow morning with Cocoa Beach; in the first week of September, Cape Canaveral will consider the request and has already indicated support; and he has a meeting on September 27th with Patrick Air Force Base. 

 

Crystal Colon stated when she first learned of the Ponce de Leon project it inspired her because the history books she read as a child need to be corrected; and naming the barrier  island the Ponce de Leon Island would give further validity to the corrected history of the nation.  She stated she is in full support of the naming of the barrier island to Juan Ponce de Leon Island.

Rafael Picon stated the 500-year celebration of the discovery of America is very important; in 1492, Christopher Columbus had right to the islands, and he stayed there until 1513; in 1513, Ponce de Leon came with his boat from Puerto Rico into Florida, which was the doorway to the entire United States; and Juan Ponce de Leon is the one who discovered the whole continent.  He stated Brevard County is important because it is the place where Ponce de Leon landed; and he supports naming the barrier island Juan Ponce de Leon Island. 

 

Louis Pabon, Jr. stated what he and some others are trying to do is to correct history, not rewrite history; being Hispanic is his heritage, but he is an American; and he is in full support of the United Third Bridge, and naming the barrier island Ponce de Leon Island.  He stated it is not just about Ponce de Leon, it is about the American people; 2013 will be the 500-year anniversary; and it is a historic moment. 

 

Louis Pabon stated he has been associated with Mr. Lopez for 16 years; he is impressed by the Ponce de Leon project that Mr. Lopez has been a part of; the project corrects history in where the actual landing is located that Ponce de Leon discovered; the impact the project will have on the County is tremendous; the visit by the King and Queen of Spain will be a historic event; and everyone will benefit from it.  He added it will send a positive message to rest of the country as far as tourism is concerned; and he supports naming the barrier island Ponce de Leon Island. 

 

Commissioner Nelson stated when the issue was first brought before the Board, some of the Commissioners were new as to what the issues were; the issue has been before the Historical Commission; and he would be more concerned if the name was requesting to be changed from something else. 

 

Motion by Commissioner Nelson to support the resolution supporting the naming of the Barrier Island to Ponce de Leon Island; and Commissioner Anderson seconded the motion for discussion. 

 

Commissioner Anderson he is supportive of naming the barrier island; but he told Mr. Lopez that he wanted to see all of the beachside cities support the issue in order for him to feel comfortable; being a former city council member, he does not like to force things upon cities; and a letter of support from Satellite Beach would have been nice.   He inquired if Mr. Lopez has approached Indian Harbour Beach.  Mr. Lopez replied he is going back to Satellite Beach; and he is setting up meetings with the two cities that have not yet signed a letter of support.  He reiterated, support from municipalities is not something that has to be done for the geographical people to approve the naming of the island.  Commissioner Anderson stated from a home rule perspective, he would have liked to have the input from the cities that have not yet signed letters of support; and that is his only concern. 

 

Commissioner Bolin stated Satellite Beach sent her the minutes of their council meeting; and the City did not support the name of the barrier island.  She stated she would like to separate everything; she is not talking about the celebration, which will be a glorious event for Brevard County; but right now the Board is just talking about the name, which is a small part of the project; residents of District 4 on the beachside have come to her saying they are not in favor of the name; and representing them, she has to take that stand.  She advised she believes very strongly that history needs to be corrected; but she cannot move forward by voting in favor of the resolution until Mr. Lopez goes back to speak to Satellite Beach; and she hopes his presentation will spur enthusiasm.

 

Commissioner Infantini stated she agrees with Commissioner Bolin; it is a wonderful idea, and she is excited to increase the County's opportunities for tourism, but when she first saw the Agenda Item she thought there was going to be a reaching out to the community; and she has not seen any outreach in the south unincorporated area.  She stated she knows Melbourne Beach and Indialantic has supported the name, but they are only a small section of the district that she represents; and she has a few emails from individuals opposing the name at this time until they are better informed.  She noted she would like to table the item to allow for outreach to the public. 

 

Commissioner Nelson stated what is interesting is that it is not a renaming, so part of the education is that there is no name; the Board's own Historical Commission has acted, and it represents the Board; and if the barrier island already had a name, it would be a much different conversation. 

 

Joe Morgan, Historical Commission, stated the Board has appointed 15 members to the Historical Commission; the normal protocol is to go to the cities, but sometimes it is not easy to get on agendas because the cities meet at different times.  He stated the Historical Commission reviewed the project and resolution very closely; the members of the Commission support the name change; and therefore, he highly recommends the Board approve the resolution.  He stated he understands Commissioner Bolin's concern, but he would ask her to depend on the recommendation of her appointed members on the Historical Commission to support the resolution.

 

Commissioner Bolin stated when the issue is before the Satellite Beach City Council again, she would like Mr. Morgan to be there along with the others, to have the discussion.

 

The Board adopted Resolution No. 11-169, in support of naming the Barrier Island, Ponce de Leon Island, for the purpose of filing an application for naming of the Barrier Island with the U.S. Board on Geographic Names.

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

NAYS:                Mary Bolin

 

 

 

Commissioner Anderson he is seeking approval of the Board to recognize Mrs. Beulah Christie for her upcoming 110th birthday; and he will present the resolution to her on Thursday.

 

The Board adopted Resolution No. 11-170, recognizing Mrs. Beulah Christie for fulfilling her prophecy to live a full happy life these last 110 years.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Howard Tipton, County Manager, stated he would like Bob Lay, Emergency Management Director, to give the Board a report on Hurricane Irene.

 

Bob Lay, Emergency Management Director, advised the Emergency Management Office has been tracking the storm since last week; as most are aware, Hurricane Irene is a category two  hurricane; currently, the storm is tracking so that it will be off of the Brevard County coast as it moves north and northwest; the storm is anticipated to grow to a category three hurricane, and off the coast as a category four hurricane; and it is almost the same track as Hurricane Floyd in 1999.  He stated Hurricane Irene has tremendous potential; he and his staff are watching it closely; he would like to wait until tomorrow to make any kind of decisions because there are a lot of variables that have to fit into the decisions; and by tomorrow there will be a much better picture of the storm.  He advised it is anticipated that heavy beach erosion will take place; within 20 miles of the coast there could be 20-foot seas; at this point, not much rain is expected, but there will be beach erosion; and Brevard County is included in the wind field, so maximum sustained winds of 30 mph to 40 mph is expected Friday morning.  He noted the forecast could change, which is why he would like to wait until tomorrow to make any decisions; it is a large storm, and as it grows it gets larger; the wind fields will also get larger; and stated as the wind fields grow, he wants to make sure the Emergency Management Office is providing adequate protection for residents.  He noted several high schools have already moved sporting events from Friday night to Wednesday night; KSC is also looking at protective actions; the issue is that everybody has to be prepared to sustain themselves for 72 hours if Brevard County is impacted.  He noted he anticipates tropical storm watches and warnings for the east coast this evening.

 

Mr. Tipton stated to reemphasize what Mr. Lay said, the County is doing everything it needs to do in terms of emergency preparations; all of the departments are taking the appropriate actions; and the County is fortunate to have the experience in the EOC with Mr. Lay and the entire Brevard County staff, having gone through the 2004 and 2005 hurricanes, and Tropical Storm Fay. 

 

Commissioner Bolin stated anyone who is new in the area and would require a special needs shelter, they can call the Emergency Management Office, as individuals need to sign up for the service.

 

 

 

Howard Tipton, County Manager, stated the Planning and Development Department is mourning the unexpected passing of Randy Oller, who was killed in a traffic accident over the weekend on I-95.  He stated Randy was a 20-year employee of Brevard County; he was well known throughout the organization and the community; although his official job title was GIS Analyst, he was the go-to guy for many things; he also volunteered for the ESF-5 position at the EOC during major events; and on more than a few occasions, he had to be forced to take some downtime during the EOC activation, otherwise he would have worked 24-hour shifts.   He advised Randy implemented a scanning project for Brevard County in the Planning and Zoning files; this ongoing labor of love has resulted in the conversion of thousands of Brevard County zoning actions dating back to 1958, from paper to digital format; and the important part was that the project was not funded; Randy took it upon himself to get the project rolling by acquiring a used scanner and a computer; and over time, he supervised over 100 court appointed volunteers at no cost to the citizens of Brevard County.  He stated Randy's unique place in the organization will never be filled; he carved out his own niche; he instinctively filled in where he was needed; he saw things that needed to be done and he made them happen; and Randy's personnel file is thick with letters of appreciation.  He stated Randy leaves behind three children, a daughter and two sons; he will be missed by all that knew him; and staff offers condolences to his family and friends, and to his coworkers who are missing him today.

 

 

 

Commissioner Nelson stated weather permitting, he will be traveling to Tallahassee in support of the County's Florida Communities Trust Grant Application for the Veterans Memorial Park expansion; and his attendance gets the County five additional points.

 

 

 

Chairman Fisher announced he has some friends from Germany in attendance today; Andy handles technology for UPS for 90 countries; and commented on participating in the Foreign Student Exchange Program.  He stated his daughter went to Germany, and Andy's daughter came to Florida; and he is happy to have them at the meeting.

 

 

 

Howard Tipton, County Manager, advised he would like to pull Item III.A.5., Addendum No. 1 to Consolidation Agreement, Re:  Keep Brevard Beautiful, to a future Board meeting.  He further advised he would like to amend the requested action for Item III.B.10., Approval, Re:  Tax Collector Agreement for Uniform Collection Services, to state that the Agreement needs to be approved contingent upon the Tax Collector's acceptance of the changes recommended by the County Attorney's Office.

 

 

 

The Board executed a Binding Development Plan Agreement with Paigko, LLC for property located on the east side of U.S. 1, opposite of and approximately 50 feet north of the eastern terminus of Cross Road. 

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution Nos. 11-171 and 11-172, and executed Conservation Easements and Owners Affidavits with St. Johns River Water Management District (SJRWMD) for Fortenberry Regional Stormwater Management System.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution No. 11-173, and executed Local Agency Program (LAP) Agreement with the Florida Department of Transportation (FDOT) for the design of an interchange at Interstate 95/St. Johns Heritage Parkway/Ellis Road, and the widening of Ellis Road; authorized permission to advertise for consultant selection; appointed Selection and Negotiation Committees consisting of John Denninghoff, Public Works Director, Mel Scott, Assistant County Manager, and Richard Szpyrka, P.E., Engineering Program Manager, or their designees; and approved all budget change requests needed.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed Amendment No. 2 to easement 32020 with Florida State Board of Trustees of the Internal Improvement Trust Fund for First Baptist Church of Mims sanitary sewer force main easement located in Section 17, Township 21 South, and Range 35 East.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board tabled the request to execute Addendum No. 1 to Keep Brevard Beautiful's Consolidation Agreement, to a future Board meeting.

 

 

 

The Board approved the Budget Change Requests as submitted.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the proposed cost, as submitted by the Tax Collector, for administration and collection of County Business Tax Receipts.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted an Interlocal Agreement with the City of Palm Bay to lease a fire rescue engine with associated firefighting apparatus.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board authorized Jack Masson, Parks and Recreation Director, to execute the appropriate documents for the Annexation, Zoning Designation, and Comprehensive Plan Amendment incorporating Max K. Rodes Park, Flanagan Road, and the signalized intersection at Minton Road, into the City of West Melbourne.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed the Second Amendment to the Bus/Transit Shelter and Bench Interlocal Agreement with the City of Melbourne, granting license of certain real property located on Wickham Road at the entrance of Wickham Park for the purpose of installing and maintaining a Transit Shelter.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed an Amendment to the Interlocal Agreement with the Space Coast Transportation Planning Organization, which will clarify Section 3.9 (Audit) of the Agreement.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution No. 11-174, of Economic Development Tax Abatement, qualifying Pilot Training College Florida (PTC Florida) as an eligible business under the County's Tax Abatement programs; and authorized a public hearing to consider adopting an exemption ordinance.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution No. 11-175, Qualified Targeted Industry (QTI) benefiting Pilot Training Collect Florida, LLC.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed an Agreement with the Tax Collector for Uniform Collection Services; and stipulated that the Agreement needs to be approved contingent upon the Tax Collector's acceptance of the changes recommended by the County Attorney's Office.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed the Settlement Agreement and Release with Joseph T. Foreman and Direct Insurance Company.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board acknowledged the County Manager's initiative to review and propose an implementation strategy for a Brevard County Property Assessed Clean Energy (PACE) Program. 

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed the Labor Agreement with the International Association of Fire Fighters, Local 2969 - Rank and File; tentatively agreed upon modifications to sixty-nine (69) articles in the collective bargaining agreement presented herewith; and authorized the County Manager to execute said Labor Agreement as provided for by Section 447-309, Florida Statutes.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Billfolder as submitted.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board continued the request to consider vacating a portion of the public utility easement in the rear of Lot 21, Block 14, in Sea Park Homes, Fourth Addition, to the October 4, 2011, Board meeting.

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board continued the request to consider vacating public utility and drainage easements running along the side lot lines of Lots 9 and 10, Block B, in Mosswood Subdivision, to the October 4, 2011, Board meeting.

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Fisher called for the public hearing to consider resolutions for adoption of Solid Waste Special Assessment Rates, Fees and Charges, and Ratification, Confirmation, and Certification of Solid Waste Special Assessment Rolls.

 

There being no comments or objections, the Board adopted the Annual Solid Waste Disposal Special Assessment Rate Resolution; Annual Solid Waste Collection and Recycling Special Assessment Rate Resolution; Solid Waste Impact Fee Rate Resolution; Schedule of Special Rates and Gate Charges; Special Rates and Charges for Improved Non-Residential Property and Compensation Rates to be paid the Collector; and other Resolutions Ratifying, Confirming, and Certifying the Annual Disposal, Collection, and Recycling Special Assessment Rolls. 

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Mike Knight, EEL Program Manager, advised the Grant Flatwoods Sanctuary was acquired by the County in 2001, under the EEL Program; in 2002, the State reimbursed the County 50 percent of the purchase price, which put the property into State title; and through the EEL Program, the County manages the site under a lease agreement with the State.  He stated and prior to the acquisition, Mr. Davis and Mr. Riley historically crossed the property to access their property, but it is his understanding that there was no formal agreement to do so, and there is no formal legal access in place for that to occur.  He noted in 2006 there was an issue between Mr. Riley and another landowner, which prompted law enforcement to be involved, and they made a recommendation to the County that it needed to evaluate the access and how access was provided fairly, or not at all, to any individuals going in through the property; and at that time, Mr. Riley and Mr. Davis were crossing the property to get to theirs.  He reported the evaluation of that access revealed that Mr. Riley and Mr. Davis were violating the Parks and Recreation Ordinance by operating a vehicle on the property without some form of an agreement; and they were also violating the State lease, which does not allow for unauthorized access without an easement.  He stated staff was in a difficult situation, faced with having to enforce both issues; Mr. Riley and Mr. Davis essentially ignored the notifications that were provided, claiming that Florida Statutes automatically provided them the legal authority to cross the property without permission from the landowner, which is the State; and staff has been in a position of not being able to enforce the Ordinance, or the obligations, because of this dispute.  He advised the County, in cooperation with the State, has offered a limited access license agreement, but it would not allow for what staff considers legal access in order to obtain a building permit, because the County cannot provide legal access, as it has to be provided by the owner, which is the State.  He stated in November 2009, the Board reviewed this issue at the request of Mr. Riley, and the direction to staff at that time was to develop a license agreement that was agreeable to all parties; and Mr. Riley had expressed that the license agreement was too restrictive; but any legal access has to be provided through the State of Florida.  He stated Mr. Riley and Mr. Davis have been informed that the only mechanism to get a legal access easement is by applying to the State through an upland easement application process; only two options exist for obtaining access over the lands; the first option is the license agreement, which they have not been willing to sign; and the second option is obtaining legal access from the State.  He summarized that the request is for the Board to grant permission to the County Attorney to issue a formal 90-day notice that they either need to agree to the license agreement, or to show proof that an application has been submitted to the State of Florida for consideration of their easement; and if that is not done, staff has the authority to follow through and enforce the Parks Ordinance, but he would prefer to address the issue and get it resolved for everyone.  He pointed out that the property is within the Town of Grant-Valkaria, so ultimately, it is their jurisdiction on how they handle building permit issues; but the County is still faced with the obligations it has to the State management lease and to the Parks Ordinance for enforcement.

 

William Riley stated when he was confronted by law enforcement in 2006 he was acting as security for the EEL Program; it was unauthorized land clearing; and he was the one who called the Deputy.  He stated the Davis family has owned and accessed their land continuously since 1977; the land is now landlocked by the State of Florida-owned Grant Flatwoods Sanctuary; the Davis and Riley families' access to their properties has been, as required by Florida law, to establish a prescriptive easement continuous, open, and notorious for more than 20 years, and long before the State of Florida acquired the properties, which now landlock the Davis and Riley lands.  He advised aerial maps of Brevard County taken in 1980 clearly show the land in preparation for construction on the Davis property in the southeast corner of Section 6; with the access road following the canal, to the cul de sac on Crepe Myrtle Drive, aerial maps from subsequent years show construction of buildings on this parcel; and furthermore, the Davis and Riley families claim statutory easements by way of necessity, as provided under Florida Statute, to access their properties.  He stated he presented the citizen request to the County Commission on November 17, 2009, the result of which was the EEL Program Manager to find and establish access to the Davis and Riley families to their property; the outcome of the EEL Program Manager's assignment by the Board has been the following: the County Attorney, Scott Knox, on April 26, 2010, summarily dismissed the aerial mapping evidence that clearly shows the Davis and Riley families accessing their property for over 30 years, thereby denying the existence of a 34-year old prescriptive easement; Mr. Knight and Attorney Knox have redefined Florida Statute 704.01 to require a submittal, or request, to FDEP, and have added the requirement of denied access to properties; an email from Attorney Knox to Bill Riley dated March 18, 2011, states, "Before it can be implemented, no such contrived covets within Florida Statutes exists.  Moreover, County Ordinance 78-123, Traffic, and Florida Administrative Code 18, Upland Lease Applications, are the Ordinance by which we must comply, and do not supersede the common law rule".  He stated Mr. Knight presented the property access license agreement prepared by Attorney Knox on May 11, 2009, to the Davis and Riley families; provisions of the agreement are so burdening against the Davis and Riley families against the use of their properties that Mr. Knight could immediately cancel the agreement on the basis that under paragraph 8, Revocation, or if under the sole discretion of the land manager; the result of signing the agreement would be an immediate and irreversible loss of present and future property rights to the Davis and Riley families; on multiple occasions, Mr. Knight has had police actions conducted against the Davis and Riley families, including having Sheriff Deputies block and prevent access to the properties and posing threats of arrest.  He stated the Davis and Riley families appeal to the Commissioners to deny the requested action of the EEL Program on the basis of the willful blindness of Attorney Knox as described under Article I, Article II, lack of accurate interpretation of Florida Statute 704 as provided by the County Attorney and presented to EEL Program Manager Mike Knight.  He advised that on Friday he is meeting with the State Department of Environmental Protection; and he would like for Mr. Knight to attend the meeting via telephone. 

 

Chairman Fisher inquired when Mr. Riley scheduled the meeting with FDEP.  Mr. Riley replied it has been scheduled for over a month, but it has been delayed many times. Chairman Fisher inquired if has been delayed on the part of the County, or on Mr. Riley's part; with Mr. Riley responding he is not sure, but it is not on his part; and further stated the meeting is at 4:00 p.m. on Friday.

 

Mr. Knight advised he is aware of the meeting; and he will be participating in the meeting. Mr. Riley stated the meeting is for an agreement through the State, which is the landowner, not the County.

 

Scott Knox, County Attorney, stated clearly he and Mr. Riley have a disagreement about what the Statute means; Mr. Riley does not like the license agreement that was prepared; the State was happy with it; the County manages the property for the State of Florida; and if the State works out something with Mr. Riley on Friday, he would be pleased. 

 

Chairman Fisher inquired if it would be appropriate to table the item to the next Board meeting, and see what happens in the meeting on Friday with FDEP.  Attorney Knox responded that would not be a bad idea.

 

Commissioner Nelson suggested to table the item until the State has either come to an impasse, or to a resolution, because it could be beyond September 6th, which is the next Board meeting.

 

The Board tabled the request to consider the County Attorney to provide notice to Mr. William Riley and Mr. Richard Davis that within 90 days they must either submit a signed License Agreement to the County, or submit a complete Upland Easement Application to the State of Florida DEP, requesting authorization to access their property by motor vehicle through the Grant Flatwoods Sanctuary, and authorize the County Attorney to take appropriate action, including a suit for injunction, if necessary, to prevent further unauthorized access, to a future Board meeting, providing Mr. Davis and Mr. Riley cannot resolve the issue after meeting with the State of Florida Department of Environmental Protection.

 

 

 

The Board granted final engineering and preliminary plat approval for Viera Medical Park, subject to minor engineering changes as applicable, approval of the site plan for Viera Medical Park, and developer responsible for all other necessary jurisdictional permits.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Howard Tipton, County Manager, advised the next two items involve Code Enforcement, and they can be heard together. 

 

Robin Sobrino, Planning and Development Director, stated Items VII.B.1. and VII.B.2. both relate to the same property; VII.B.1. relates to a repeat violation for a resort dwelling in the south beaches area; and VII.B.2. is the subsequent violation.  She noted both issues have had protracted Code Enforcement histories; the Special Magistrate had considered a petition for a fine reduction for VII.B.1., and initially it was turned down; and it had been such a problem Code Enforcement complaint that the County Attorney's Office requested that the Board authorize an injunction for shutting down the operation.  She advised in a second appeal, the Special Magistrate agreed to a $9,000 reduction.  She explained the Resort Dwelling Ordinance is an ordinance that has empowered the Special Magistrate to actually revoke a Business Tax Receipt for repeat violations; the Code is very strict in giving the Special Magistrate that authority; typically, the Special Magistrate will make a recommendation to the Board, and the Board has to ratify it, but the Special Magistrate has clear authority in this case to actually revoke a Business Tax Receipt; and in this case, the Special Magistrate imposed a $750 per day fine, primarily because of repeated testimony from not only the neighbors in the community who were subject to the inconveniences of the resort dwelling occurring for an extended period of time, but also because it was impacting legitimate tourist-based business that had to compete on an un-level playing field.  She stated the second item was the recurring violation, in which the business was reestablished; they advertised on the internet; and they coached the persons who were renting the property to deny any allegations of there being a Code Enforcement action, or being a rental, and that everybody staying there was there as a so-called friend of the property owner. 

 

Cliff Repperger, Attorney for the respondent, Barbara Mejias, stated his client does not dispute the violations, or that the violations occurred, nor does the respondent object to the time frame for which the property was found to be in violation by the Special Magistrate; and the only position the respondent is taking is that the amount of the per-day fine is grossly disproportionate to the harm caused by the particular violation.  He stated in the first case, the property was out of compliance, as found by the Special Magistrate, for 52 days; the amount of the fine that was levied at $750 per day, is a $39,000 fine for a short-term rental; the maximum rental rate that the Special Magistrate found, which was supported during the hearings, is $2,000 per week; and at that rate, the most that the property would have yielded during the time that it was found to be out of compliance would have been $15,000, but there is no testimony that it was actually rented for that full period of time, and even if it had been, it was $15,000 of gross income to the property owner that does not include any cost in maintaining the facility.  He stated although it is recognized that the respondent was in violation, it is not an issue where there was a public health safety and welfare threat related to the property; it was a well maintained property, and there is no evidence that it presented a problem within the community in terms of any type of aesthetic problem; it is merely the fact that the property was in violation of the short-term rental ordinance; and it was a high-end rental, and a very well maintained property.  He stated the amount of the fine charged is approximately 160 percent greater than the maximum rental amount that the  property would have earned over the period of time of the violation; the fine was $39,000 in the first case; and $10,500 for 14 days of being out of compliance in the second case.  He advised the respondent requested a recommendation for a reduction from the Special Magistrate, pursuant to the Code; the Special Magistrate, in the first case, found that a reduction to $30,000 was appropriate; in the second case, the Special Magistrate rejected the respondent's request for a reduction; and today, the respondent is asking that the Board consider reducing the fine further, to match the amount of the rental rate that would have been yielded from the property, of $15,000 in the first case, and $4,000 in the second case.

 

Commissioner Bolin inquired if the rental rate amount has any bearing on the fine; and further inquired if it was a bungalow being rented for a week, for $10, does that have any bearing on how much the fine would be.  Ms. Sobrino replied, no, it would not. Commissioner Bolin stated the fact that it was rented and Ms. Mejias got $15,000, has no bearing on what the fine is; and Mr. Repperger is saying that the fine was exorbitant because Ms. Mejias did not make that much money off of the rental.  Mr. Repperger stated the Code does not specifically address short-term rentals for purposes of fining; the Special Magistrate has a wide degree of discretion in terms of the amount of a fine that he can levy on any particular violation; and what the respondent is asserting is that because there is not a heightened elevation of health, safety, and welfare threat, a $750 per day fine is extremely disproportionate, especially considering the amount of revenue that can be derived from the property.  He stated for that reason, the respondent is asserting that it is a justifiable basis to take away from the benefit the respondent got from being in violation, but do not levy a $39,000 fine against a property for being out of compliance for 52 days, when it is a well maintained property, and there is no health, safety, and welfare risk.  He pointed out that he recognizes that everyone has an obligation to adhere to the Code and that it is important that the Code be followed; however, $750 per day seems extremely excessive considering the harm presented to the community. 

 

Commissioner Anderson stated it appears that the property is currently in compliance with all Codes; the County's Codes are set up to bring properties into compliance, and not to penalize; and he agrees with Mr. Repperger that it is more of a punitive fine as it is right now.  He stated he also agrees with what the respondent is requesting; but the respondent needs to understand not to be out of compliance again. Chairman Fisher noted the property has since been sold.  Commissioner Anderson stated his preference would be to accept the recommendations that were proposed by Mr. Repperger and the respondent; and stated the Board should not penalize property owners.

 

Commissioner Nelson stated Mr. Repperger is ignoring the fact that his client chose to continue the violation versus cancelling reservations and coming into compliance; and if the respondent had come into compliance, Mr. Repperger would have had a much stronger argument that once made aware of the problem, it was corrected; but instead, Ms. Mejias chose to continue the violation.  Mr. Repperger stated he is not ignoring that point; he is acknowledging that Ms. Mejias was not the best respondent in the world; Ms. Mejias did not bring the property into compliance right away, and for a lot of different reasons; but nevertheless, he is looking at it with regard to the fine only.  Commissioner Nelson pointed out that the respondent had the ability to minimize that by coming into compliance immediately, but chose not to.  Mr. Repperger stated there is a two-step process with regard to requesting a reduction; before the lien is placed, there is an opportunity to request a reduction that the Special Magistrate can grant without the Board's approval; the respondent did that in this case, and at that time the respondent represented herself and was taking the position that she had not committed the violations; the Special Magistrate found that there was no reduction warranted on that basis, and denied the request with regard to the $39,000 case, and granted a limited reduction on the second case.  Chairman Fisher inquired if the money has been escrowed; with Mr. Repperger responding affirmatively.  Mr. Repperger noted there had been a request before that happened, then the property sold, and then the respondent decided once the lien had been placed, to request an additional reduction.

 

The Board adopted the Special Magistrate's recommendation to reduce the accrued fine for the violation at 7095 Highway A1A (Case 11CE-00771 f/k/a 07-0299) from $39,000 to $30,000; and directed staff to prepare and execute release and satisfaction of lien upon receipt of payment.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Robin Fisher, Chuck Nelson, Trudie Infantini, Mary Bolin

NAYS:                Andy Anderson

 

 

 

The Board adopted the Special Magistrate's recommendation not to reduce the accrued fine for the violation at 7095 Highway A1A (Case 09CE-02412 f/k/a 08-0028) from $10,500; and directed staff to prepare and execute release and satisfaction of lien upon receipt of payment.

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Robin Fisher, Chuck Nelson, Trudie Infantini, Mary Bolin

NAYS:                Andy Anderson

 

 

 

Stockton Whitten, Assistant County Manager, advised in April, the Board directed staff to work with the Supervisor of Elections to identify suitable sites for her Elections Support Center; staff met with the Supervisor and developed a matrix of required needs for the Supervisor; Option One speaks only to the Elections Support Center; and Option Two speaks to the Elections Support Center and the administrative requirements.  He stated those options, along with the optional request were issued in an RFP; there were 10 responses to a purchase option, and nine responses to a lease option; and the Board asked that staff only look at purchase options, but staff felt the Board should have all of the options for its review, including the lease options.  He advised the Supervisor of Elections' current support center has a number of issues, including roof, HVAC, some asbestos issues, and also fire suppression.  He stated of the 10 proposals received under the purchase option, staff has outlined five for the Board; the County Manager has a listing of all of the responses; and the Board can see that on the first page is all 10 of the responses to the purchase option, and the second page is the nine responses to the lease option.  He stated the five are those proposals that met primarily all of the required options, either under Option One, or Option Two, and a significant amount of the optional preference items under both One and Two.  He noted on the property located at 525 John Rodes Boulevard, the original asking price was $2.6 million; the property owner sent an email yesterday advising that they have reduced that price to $2,340,000, which reduces the price per square-foot to $75; and he has provided the Board with the email.  He advised the first two locations on the purchase matrix address a warehouse only, or support center only, option; those sites are much smaller than the three listed below them; of the three below, in terms of consideration of the two options, are to meet the Supervisor's support needs and administrative needs, but also allows the County to address other facility needs, such as the storage of records and retention; and the Tax Collector has some specific needs in regards to her Sarno Road location, and those are also outlined on the Agenda Report.  He stated staff feels that the bigger site will allow the County to address two of the three outstanding space needs in the County.  He advised in terms of the fiscal impact, the County would need to enter into some financing of the purchase; the purchase options range from $1.2 million to $2.8 million; and staff has also provided the Board with new construction costs that range from $3.9 million to $4.4 million. 

 

Commissioner Nelson stated the Board started this discussion as an opportunity to acquire property in a market that would be beneficial, as the needs are not going to go away; and he is not interest in lease space, because it would be contrary to what the Board is trying to accomplish.  He noted there was a question about one of the properties as to whether or not it was potentially for sale or not for sale; and inquired if that was just lease only.

 

Dan Evans, Evans Butler Realty, clarified that on the 1220 Sarno Road address, it was originally presented as for sale or for lease; the owner hesitated on the portion about purchasing, and it was withdrawn, because a 30,000 square feet space that was in the center of the shopping center was not advantageous for him to divide out; and he would have had to create some sort of condo agreement for it.  He stated the owner said he would allow a purchase option at the end of a lease period; and he suggested 20 years would be negotiable.  Commissioner Nelson inquired if the owner is willing to sell at this time.  Mr. Evans replied, no; as far as being competitive within the specific requirement of 24,000 square feet, he is not offering that; and the only thing he did offer is that he would sell at $50 per square-foot, the 30,000 square feet, plus the adjacent 13,500 square feet; and that would be 43,500 square feet at $50 per square-foot.

 

Mel Howard, Apollo Real Estate, stated the loan currently in place on 525 John Rodes Boulevard can be assumable by the County; and the banker for that particular property is very willing to talk to the County about that.

 

Lori Scott, Supervisor of Elections, expressed appreciation to the Facilities Department and the County Manager's Office for their help and hard work; the needs of her office is a pressing issue; and Hurricane Irene has her full attention as her office continues to have leaking issues into the warehouse, which holds $2 million in election equipment.  She noted she has had the opportunity to see almost all of the properties on the matrix; there are many options to consider; and she defers to the Board to make the decision.  She stated if looking at just warehouse space, her current warehouse is 15,000 square feet; the Atlantis Road property is currently 15,000 square feet, and the prices is the lowest, at $68 per square-foot; and she is fine if the Board goes just with warehouse space.  She advised there is also a pressing need at the Sarno Road location; she does not feel there is any property on the list, outside of the Sarno Road property, that is adequate to facilitate voters; and she cannot speak for the Tax Collector, but she would be hesitant to purchase a building the voters have a hard time finding for early voting.  She noted the Sarno Road location is the busiest location in the County for early voting; her office has also never co-habitated with drivers licenses and early voting, so parking will be an issue; the Tax Collector has expressed concerns as well, about fire marshal concerns with just drivers licenses, but when adding three and four hour early voting lines, it is a pressing need.

 

Chairman Fisher inquired if there is a trend toward mail-in ballots.  Ms. Scott replied, yes, mail ballot voting continues to be the fastest form of voting; but Brevard County is the eighth largest County in the state for voters; and in 2008, 83 percent of the 360,000 voters voted and made the County the third highest in the state, and a lot of that was early voting.

 

Mr. Whitten stated he would like clarification on a statement by Mr. Evans.  He stated Mr. Evans said for the Sarno property, which is listed as a lease option, that the owner is willing to combine that 30,000 square feet with 14,000 in a purchase option of $50 per square-foot.  Mr. Evans replied yes, and the reason is that it would become a much larger part of the center, and then the owner would take the balance of the properties and create a condo association for the local tenants; the two spaces are the anchor space and the junior anchor space; $2,175,000 would be $43,500 square feet, times $50 per square-foot; and the owner said he would do that to try to get back on the Board's purchase list.  He stated the entire shopping center is 88,000 square feet; and the Board would be an owner in the center and would pay a proportionate share of the taxes, maintenance, and insurance.   

 

Chairman Fisher inquired if staff still has to get appraisals on the properties; with Mr. Whitten responding affirmatively.  Chairman Fisher inquired if the appraisal does not come back with that number, would the owner sell at a lower price, or is that the final number.  Mr. Evans stated in the competitive bidding, the owner placed the property at $45 per square-foot; he does not think the owner will go below that; and his new offer is $50 for the larger square footage.  Commissioner Infantini inquired if it would offer lease hold improvements; stated on the other property, it indicates $150,000 in lease hold improvements; and inquired if the Board would still be required to make the $150,000 in lease hold improvements, because it actually fares better than some of the other options, plus it keeps everything on Sarno Road.  Mr. Whitten stated the 30,000 square-foot would required some building of office area; he is not sure about the 14,000; and inquired if it is contiguous space.  Mr. Evans replied yes, it is located to the west and adjacent to the 30,000 square feet.  Chairman Fisher inquired if there is a separation; with Mr. Evans responding there is a firewall between the two spaces that could be breached. 

 

Mr. Whitten noted the prices on the matrix are asking prices; he is assuming the Board will give some direction to staff to go back and negotiate; and appraisals would be the next step in the process. 

 

Commissioner Nelson stated the Board needs to continue to focus down to a certain number; there are three that are of interest; as long as the Board continues to talk to all three, it is going to see some better competitive numbers, and ultimately, the Board will get to a point where it will know price; and the Supervisor can weigh-in at that point on location; but it needs to be narrowed down to a smaller number.  He advised the three he would like to look at are the Sarno Road site, the Dow Road site, and the John Rodes Boulevard site. 

 

Ms. Scott reminded the Board that there are 4 elections in the next 14 months; and she would like to ask the Board to continue the discussions as quickly as possible. 

 

Commissioner Bolin inquired if Mr. Evans said that if the Board purchased the Sarno Road site, there would also be a monthly condo association fee, versus having an independent building.  Mr. Evans replied, yes, the Board would have a partial share of the property; and it would be sharing the parking lot areas with the other tenants.  Chairman Fisher stated there would be common area maintenance charges. Mr. Evans stated there may be ways to divide it as a fee simple ownership, but there would still be cross easements and maintenance. Commissioner Bolin inquired if the Board would have any control over the tenants who would move into the other spaces.  Mr. Evans stated the Board would probably have an advantage to restrict those; and he agrees that the Board would not want businesses that would be injurious to the public coming to its facility.  Commissioner Nelson stated those are things that staff will have to layout, because one of those could be a deal breaker.

 

The Board directed staff to focus on three sites to purchase for the Supervisor of Elections Support Center and administrative office space, the 43,000 square-foot Sarno Road site, the 35,000 square-foot Dow Road site, and the 31,000 square-foot John Rodes Boulevard site, to have the competitive numbers, receive the Supervisor of Elections input, and to have all the needed information before coming back to the Board.

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Fisher called for the public hearing to consider an ordinance renewing the Temporary Pain Management Clinic Moratorium.

 

Chairman Fisher stated he would like to renew the Ordinance for one year instead of six months.

 

There being no further comments, the Board adopted Ordinance No. 11-29, renewing the temporary moratorium on the issuance of Business Tax Receipts for Pain Clinics, Pain Management Clinics, and Cash Only Pharmacies within Brevard County, for an additional year, or until an ordinance regulating such business is adopted. 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Scott Knox, County Attorney, advised the request is for a special election for the Barefoot Bay Recreation District Charter.

 

Cliff Repperger, Attorney representing the Barefoot Bay Recreation District, stated before the Board is a resolution calling for a special election to amend the charter for the Barefoot Bay Recreation District; there are two items that are being proposed as part of the special election; one would be to raise the District's spending authority to $75,000 from $25,000, without referendum, which is consistent with House Bill 1157; and the other item is to change the post-election organization process for the Board of Trustees consistent with the terms for Trustees as provided in Section 100.041(4) of the Florida Statutes. 

 

Chairman Fisher inquired if there is any reason why the election could not be held in 2012.  Mr. Repperger replied he is not aware of any reason as to why it could not be held in 2012, but he believes it is timely for it to be held consistent with the special district and municipal elections that are scheduled for November 8th.  Chairman Fisher stated he was considering cost, and wondered if it could be done in the General Election of 2012, and if it would save the taxpayers any money.  Mr. Repperger advised it would save money to do it in 2011 rather than 2012, because it would be consistent with the special district and municipal elections that are already scheduled for November 8th; and there are Trustees that are up for reelection in that election. 

 

Lori Scott, Supervisor of Elections, stated it would be possible for the election to be held with the General Election, as her office is already conducting an election at that time; and it would be up to the Board, but her office is conducting elections in both 2011 and 2012. 

 

Commissioner Infantini inquired if there would be an increase in costs; with Ms. Scott responding no.

 

The Board adopted Resolution No. 11-183, calling for a special election to be held on November 8, 2011, proposing two (2) amendments to the Charter of the Barefoot Bay Recreation District. 

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Howard Tipton, County Manager, advised the Board has a Contract for State Legislative Services; two years ago, the Board entered into a Contract with Ron Book and The Banyan Network, which was a two-year Contract with two, one-year renewals; and he is seeking direction from the Board as to whether or not the Contract will be renewed.  He noted the fiscal impact is $60,000.

 

Commissioner Anderson pointed out that the selection committee would have to meet again if the Board does not renew the Contract, which would require a cost to go out for an RFP.  Mr. Tipton concurred, and stated time is important, as there is an early legislative session coming up; and it is his recommendation that the Contract be renewed at least for the current year.

 

Chairman Fisher stated he would like a progress report from Mr. Book to include some of the accomplishments he and his firm have been working on, on behalf of the Board, since being under Contract.

 

The Board renewed the Contract with Ronald A. Book, P.A. and The Banyan Network for one additional year, for State Legislative Lobbying; and requested a progress report from Mr. Book and The Banyan Network.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

 

 

Commissioner Infantini stated the item is a recommendation for Board direction to staff; staff has indicated in the past that the Board does not have a policy on tax abatements, and dealing with businesses that are located within community redevelopment areas, or economic development zones; and her suggestion is to direct staff to look at the consequences and effects of having businesses that are located in economic development zones receiving tax abatements, because effectively, the Board is going to be paying into an economic development zone money that it is not even collecting. 

 

Commissioner Nelson stated the Board evaluates that question every time a tax abatement request comes before the Board; economic development zones and CRA's create infrastructure that they may have actually borrowed money against; Palm Bay is an example of where it borrowed money to build infrastructure, and then if they get a business to come into the area, and it is qualified, it now does not have the money to pay back for the infrastructure it put in; and he thinks where the Board currently is, is fine.  He stated the Board can evaluate them on an individual basis; and he would hate to think the Board would set up a policy where a company like Caterpillar comes to Brevard County, but because they land in an economic development zone, or a CRA, that the Board then discounts it.

 

Commissioner Infantini stated if the Board were to get a company like Caterpillar, it could waive the policy.  Commissioner Nelson pointed out that the Board would be spending a lot of time creating something that it then waives; the Board evaluates as they come in; and it is not giving up its ability to do that.

 

Commissioner Anderson stated in the unregulated world of economic development, the more restrictions the Board places on itself, it will harm it when competing, regardless if it is a CRA or an economic development zone; and he does not want any industry to have the perception that the Board is unfriendly.

 

The Board discussed consideration of a Board policy relating to Tax Abatements for businesses located within a Community Redevelopment Area, or an Economic Development Zone, but took no action.

 

 

 

Nicole McCarthy stated in April she received a letter that the County was going to be putting in a sidewalk across the front of her yard on Kings Highway in Port St. John; she inquired with the Contractor and with the County as to exactly what was going to be done; there is a 25-foot easement that she and her husband maintain, and have planted St. Augustine grass; and for the six years they have maintained that property.  She stated when they built their house in 2006, the property was a higher elevation; they finished it off to what the County required them to do; and now six years later the County is coming through with a sidewalk.  She stated she was told early on, by the Contractor and the County, not to worry because when the finished product is done, it will be as good, if not better, than what she had before; and that was a concern for her.  She stated she sent the Commissioners pictures of what her yard looked like before, and what it is starting to look at now.  She stated originally, the driveway was redesigned three times because on the plans, what they thought might look good on paper, actually did not meet ADA requirements; and so right from the start there were issues.  She stated when the driveway had to be redesigned three times, she knew that the 32 feet in the front of her lot would have the same issues; as of yesterday, the final elevation was finished, and it is ready for sod; before the construction, there used to be a swale in front of the yard that was easy to maintain; and now what she is ending up with is a drainage ditch.  She stated she and her husband feel that the drainage ditch will lower the value of their home and will be a breeding ground for mosquitoes; however, she does agree that the sidewalk is a great improvement; but she does not feel that they should be responsible to have to pipe the front of their yard.  She stated she was told by County staff that she could pay the contractor to do the work themselves; but she did not create this problem in her front yard; and she does not feel they are being left with something that is comparable to what they once had.  She advised what they are requesting from the County is that the area be piped so that the elevation and grade matches that of the driveway, which came out very nice after the third design.

 

John Denninghoff, Public Works Director, displayed photographs to the Board and stated there is a culvert that goes underneath the subject driveway and the driveway to the immediate east; there is a swale that has been constructed and designed to allow the water to flow from one culver to the other, and eventually into a drainage ditch to the west.  He stated in the construction process, the swale elevation is the same as it was prior to the construction activity; but what has happened is that to make room for the sidewalk, the front of the swale had to be moved, otherwise the sidewalk would have been too steep and not met ADA standards.  He advised the swale is approximately 18 feet across; and he bottom of the swale is at the correct elevation.  He stated across the street from the subject property is a ditch; the ditch is well over six feet deep, and only six feet wider than the swale in front of the McCarthy house; and to him, that is what constitutes a ditch.  He displayed photos of swales of a similar size to the one in front of the subject property.  He stated staff does not expect the swale in question to retain water or for there to be any mosquito issues with it; the cost to reconstruct and place a culver in that location would be approximately $3,300; he would not be surprised that if it is done for the McCarthy's, the neighbor would ask for it also; and there is a similar condition on the other side of the driveway. 

 

Ms. McCarthy stated to compare what she is left with, with other houses that do not have a sidewalk is not comparable.  She stated the Board has seen the pictures of what her yard looked like; there are 34 houses on Kings Highway; and hers is the only yard that has a drainage ditch in front of it.  She noted there are different definitions, but the point is that it is not easy to maintain; and it is a major concern for her.  She advised as for her neighbor requesting the same thing, that neighbor has an empty lot next door; and her neighbor is not stuck between two culverts that have created that drainage ditch.  She stated it is not accurate to say that there will never be water in the ditch, as no one can predict that.

 

Commissioner Infantini inquired if there is a pitch to the swale, or ditch, so that the water will run off from Ms. McCarthy's property, and it will not accumulate there; and inquired where the drainage runs off to so that it will not remain standing.  She stated there is a problem with mosquitoes in certain areas, and she would not want to increase the mosquito problem.  Mr. Denninghoff replied the swale drains to the west, past the neighbor, and underneath that driveway further to the west and across the vacant lot to a ditch that is part of the Port St. John drainage system that it would flow into; but the swale is intended to be dry.   He pointed out that the swale meets all County standards. 

 

Commissioner Infantini stated she is concerned about leaving somebody as whole as they once were before the construction project; and inquired if there are funds available in the money that has been set aside for the improvements to the district.  Mr. Denninghoff replied yes, there is funding available. 

 

Mr. Denninghoff stated while staff wanted to be flexible and allow the McCarthy's to upgrade, they did not need to do that in order to be able to meet all the ADA and drainage standards; and to add it in was going to be an additional expense that was not believed to be necessary. 

 

Commissioner Nelson stated the difference for him is that this is an instance where it is an addition that the County is making, and the McCarthy's did not build their home with that understanding; and in retrospect, there could have been a moment where the Board looked at it differently. 

 

The Board approved a Change Order to William Turnbaugh Construction for the repair of the culvert on the east side of driveway, and installation of a drainage pipe in lieu of the newly made drainage ditch, both located at 4605 Kings Highway, Port St. John, which are the results of Kings Highway Pedestrian Way Project.

 

 

 

The Board adopted Resolution No. 11-184, urging the Florida Legislature to oppose bills designed to modify, alter, or otherwise restrict judges' ability to release defendants to the supervising of the County's Pretrial Release Program.

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

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

NAYS:                Trudie Infantini

 

 

Upon consensus of the Board, the meeting was adjourned at 11:56 a.m.

 

 

 

 

 

ATTEST:                                                                                                                                

                                                                        ROBIN L. FISHER, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _______                      BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK