MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 20, 2009

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 20, 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 Howard Tipton, and County Attorney Scott Knox.  

 

The Invocation was given by Reverend Willie Lockett, St. Martha’s Missionary Baptist Church, Oak Hill, Florida.

 

Commissioner Robin Fisher led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve the minutes of July 7, and July 21, 2009 Regular, August 6, 2009 Zoning, and July 23, and August 27, 2009 Workshop Meeting Minutes.  Motion carried and ordered unanimously.

 

 

 

Frank Abbate, Human Resources Director, expressed appreciation to the Board for the opportunity to recognize and present Professional Development Certificates to those employees who voluntarily attended the Employee Development Program and successfully completed and passed all three phases of the Program.  He advised the Office of Human Resources presents a series of 18 classes organized into three phases, representing 60 workshops annually, to those employees seeking to improve their knowledge of interpersonal and communication skills, the Continuous Improvement Process, and Organizational Philosophies and Objectives.

 

The Board recognized and presented the following employees who have successfully achieved their Professional Development Certificates with honors:  Cheryl Caldwell, Mechelle Cook, Jessica Breault, Brandy Dingley, Scott Nelson, Gil Ramirez, Donald Richter, Richard Tucci, and Paul Volland; and the following are recognized employees who have successfully achieved ther Professional Development Certificates:  Susan Abbey, Juanita Barton, Paul Body, Michael Brown, Sandra Chafin, Mark Conley, Christopher Davidson, Jeff Davis, Teresa Elgin-Smith, Denise Hayes, Christopher Leitch, Dennis Maiorano, Gordon Mark, Richard Peraza, Helen Seaman, Brian Sorensen, Sharane Stowe, and Jamie Webb.

  

  

 

Commissioner Bolin read aloud a resolution proclaiming November as National American Indian Heritage Month. 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt a Resolution proclaiming November as National American Indian Heritage Month.  Motion carried and ordered unanimously. 

 

 

Martha Pessarro advised the Native Rhythms Festival will be held November 13 through 15, 2009, at Wickham Park; it is a music festival that will feature performers from all over the Country; and it is the first time in Brevard County for the Festival.  She stated it is a family friendly and free event; and she encourages everyone to attend.

 

 

Commissioner Anderson read aloud a resolution proclaiming October 24, 2009 as the official day to “Take Back the Night” in Brevard County.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to adopt a Resolution proclaiming October 24, 2009 as the official day to “Take Back the Night”; and urges all citizens to actively participate in the scheduled activities and programs working toward the elimination of violence.  Motion carried and ordered unanimously. 

 

 

Michele Paccione, Palm Bay City Council Member, expressed appreciation to the Board for the Resolution and for taking part in the event.  She advised “Take Back the Night” will be held on October 24, 2009 at Front Street Park in Melbourne at 4:00 p.m.; the Serene Harbor Women’s Center and the Salvation Army Domestic Shelter will be present; and they will be there to educate citizens and urge them to take part to help end the violence in the community. 

 

 

 

Commissioner Infantini read aloud resolutions commending Juan Lopez and Rene Derosin, SCAT Vehicle Operators.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to adopt a Resolution commending Juan Lopez, SCAT Vehicle Operator, for his bravery and heroic actions in coming to the assistance of a citizen in danger.  Motion  carried  and  ordered  unanimously. 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to adopt a Resolution commending Rene Derosin, SCAT Vehicle Operator, for his bravery and heroic actions in coming to the assistance of a citizen in danger.  Motion carried and ordered unanimously.

 

 

Juan Lopez stated the SCAT Vehicles Operators appreciate the elderly who ride the bus and they want them to be safe; and expressed appreciation to the Board for the Resolution.

 

 

 

Chairman Nelson read aloud a resolution proclaiming October as American Pharmacists Month in Brevard County.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt a Resolution proclaiming October as American Pharmacists Month in Brevard County; and urges all citizens to acknowledge the valuable services of pharmacists providing safe, affordable, and beneficial pharmaceutical care services and products to all citizens.  Motion carried and ordered unanimously. 

 

 

Kathy Pestos expressed appreciation to the Board for the Resolution; and stated the recognition for the month is to highlight pharmacists in the community and their contributions to health care teams; but she would also like to highlight pharmacists roles as immunizers of the influenza vaccination; and the immunizations are an important preventative tool.  She noted there are 36,000 deaths per year from the influenza virus; and unfortunately, Florida is the 49^th out of 50 states in immunizing its most vulnerable population, which are the senior citizens.

 

 

Robert Seemer stated he has a software program that he has implemented in many parts of the country, which is a web-based proactive approach to helping citizens find the services they need without going through a counselor or agency to obtain eligibility information.  He stated the program is totally anonymous and is designed to complement existing information and referral systems such as 2-1-1 and the newly implemented We Help Brevard; the program is totally anonymous; anyone can use it regardless of income, demographics, or whether someone is legal or illegal; and there is no charge for any user to utilize the program.  He noted the program provides an alternative revenue stream for the agency, or agencies, that decide to adopt it as a program; typical agencies that utilize the program would be the United Way, Children’s Services Council and other 501(c)3’s; and the program is self-sustaining and does not require public funding.  He stated the program has a database of providers and uses a survey instrument based on research to help a citizen understand their needs; once he has completed the survey, it is submitted, and  the system  reports  what the needs are, such as transportation or domestic violence; and the system will respond with a list of providers that may be able to help.  He stated the program gives users a chance to opt out at any point in the process; users do not have to complete all of the questions; and they can come back later and finish the survey.  He advised the system recognizes the risk factors associated with violence or child abuse, or any other type of issue that could become a problem or crisis; and it is designed to help identify those risk factors and empower the family to address them before they become problems or crises.  He noted the Whole Child Connection was vetted and approved by the Leadership Roundtable, which included the County Manager, the School Superintendent, and the Sheriff; right now, Whole Child Connection is in the pilot mode, although it is serving families currently; so far, there have been several thousand families utilizing the system, making connections and providing feedback; and customer satisfaction so far is approximately 98 percent.  He stated some people are worried that there will be a digital divide because it is a web-based program, and there will be some people that are not familiar with computers; the school system is heavily involved; and guidance counselors have been trained how to use the system and help guide a parent through the system if needed.  He noted the Whole Senior Connection is similar to the Whole Child Connection, except it focuses on people over 55 years of age; seniors need help in knowing what services are available, how to deal with end of life issues, and connecting with society; and the system allow seniors ways to stay connected. 

 

Commissioner Bolin inquired if Mr. Seemer is also working with libraries, as most seniors go to libraries to use computers.  Mr. Seemer replied he has not worked with the libraries yet, but now that there is a new County Manager, he will talk to him about the program and how to engage the libraries; but he sees libraries and senior centers as perfect locations for folks to engage in the system who do not have computers.  He noted the system will be available in English and Spanish; 90 percent of users use the Spanish edition; 87 percent of the users were below the Federal poverty level; and 80 percent of the users use the system without any assistance.  He noted there is a high percentage of migrant workers using the system; the goal has always been to make the system available and usable; the Senior version will be ADA compliant; and the system has been pilot tested with blind users, who have had no difficulty with the system.

 

 

Commissioner Fisher read aloud a resolution proclaiming March 20, 2010 as “Space Coast Rally Against Cancer Day” in Brevard County.

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to adopt a Resolution proclaiming March 20, 2010 as “Space Coast Rally Against Cancer Day” throughout Brevard County; and encourages all citizens participating to make a positive difference in the fight against cancer, and becoming the community that takes up the fight.  Motion carried and ordered unanimously. 

 

 

Linda Bradley expressed appreciation on behalf of Dr. Levine and the entire Space Coast Foundation to the Board for its support. 

 

 

 

Commissioner Infantini read aloud a resolution honoring Reverend Harvey L. Riley for his 50 years of service.

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to adopt a Resolution honoring Reverend Harvey L. Riley for his 50 years in ministry.  Motion carried and ordered unanimously. 

 

 

Commissioner Anderson read aloud a resolution proclaiming October of each year as National Disability Employment Awareness Month in Brevard County.

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to adopt a Resolution proclaiming October of each year as National Disability Employment Awareness in Brevard County; and commended Melbourne Animal Hospital for their partnership with Brevard BLN and their leadership in recognizing the potential of individuals with disabilities.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to adopt a Resolution proclaiming October of each year as National Disability Employment Awareness in Brevard County; and commended Whittaker Cooper Financial Group for their partnership with Brevard BLN and their leadership in recognizing the potential of individuals with disabilities.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to adopt a Resolution proclaiming October of each year as National Disability Employment Awareness in Brevard County; and commended Symetrics, Inc. for their partnership with Brevard BLN and their leadership in recognizing the potential of individuals with disabilities.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to adopt a Resolution proclaiming October of each year as National Disability Employment Awareness in Brevard County; and commended Rainbow Florist for their partnership with Brevard BLN and their leadership in recognizing the potential of individuals with disabilities.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to adopt a Resolution proclaiming October of each year as National Disability Employment Awareness in Brevard County; and commended Sarahcare of Melbourne for their partnership with Brevard BLN and their leadership in recognizing the potential of individuals with disabilities.  Motion carried and ordered unanimously. 

 

 

Betsey Farmer, Brevard Business Leadership Network, stated Andrea Carlson is present to accept the Resolutions because her employer is one of the businesses that will be honored next Wednesday at the BLN luncheon; Andrea works three days per week at the Melbourne Animal Hospital; and in her spare time, she volunteers at the Melbourne Library.

 

Andrea Carlson stated she has been working for the Melbourne Animal Hospital for one year; and stated she is a Kennel Worker, which means she takes care of the dogs and cats by feeding them and taking them outside.

 

Betsey Farmer stated a big part of what BLN does, and what needs to be understood, is that for years, people with disabilities have been placed in the easiest jobs; not because it is the best job for them, but because it is the easiest job to find; and BLN is dedicated to making that difference that allows individuals with disabilities to pursue a career and to realize that not everyone with a disability wants to bag groceries and mop floors.  She stated BLN takes time to get to know each of its clients and figure out what they like to do; the employers in the community have embraced the concept; and the employers being recognized today and next week have opened up their businesses and arms to give BLN’s clients the opportunity of a lifetime.

 

 

Chairman Nelson read aloud a resolution proclaiming the month of November as Puerto Rican Heritage Month in Brevard County.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to adopt a Resolution proclaiming the month of November 2009 as Puerto Rican Heritage Month.  Motion carried and ordered unanimously. 

 

 

Crystal Colon, Florida Puerto Rican Hispanic Chamber of Commerce, expressed appreciation to the Board for the Resolution; stated she would like to invite all of the Commissioners to the banquet/fundraising dinner that will be held on November 6, 2009; and all funds raised will go to nine scholarships the Chamber has at Brevard Community College. 

 

 

 

County Manager Howard Tipton advised Item III.A.2., Interlocal Agreement with Town of Grant-Valkaria, Re:  Stormwater Program Administration, will return to the Board at a later date; Item VI.A., Report, Re:  Honest John’s Fish Camp Sign, will return to the Board on November 10, 2009; and Item VII.A.1., Contract for Sale and Purchase with Sami Kirollos and Violette W. Salib, Co-Trustees, Re:  Mims-Scottsmoor Community Center Referendum Project, will not require Board action, as the appraisal is below the price negotiated.  He noted Item VII.E.4., Report, Re:  Landscaping, Tree Protection, Land Clearing and Land Alteration, will be heard along with Item VI.C., Continued Review of Chapter 62, Article VII, Division 2, Re: Landscaping, Land Clearing & Tree Protection; and Item VII.E.9., Citizen Request, Re:  John H. Hambley, AICP, Glatting Jackson Kercher Anglin, Inc. – St. John’s Heritage Agreement Update, has been withdrawn by the applicant.

 

 

County Manager Howard Tipton advised with the current spell of dry weather followed by cooler weather, it makes the perfect condition for wildfires; there is some smoke in the community from some small fires; and he would like to remind the community to be careful about what they do outdoors, as the conditions are good for fires.

 

 

 

Commissioner Fisher stated he has an update on the Save Space Program; stated he has started a Facebook page supporting the Save Space Program; there has been approximately 75 people per day joining the page; and there are now approximately 800 Facebook accounts supporting the Save Space Program.  He stated there are 31 partners from around the community that have said they would like their name, or logo, behind the project; and a lot of the partners are space partners that have been quiet in the past.  He stated there have been thousands of letters downloaded from the website, which has had 40,000 hits; there are people making copies of the letters and placing them in their businesses for display; stated he promised someone in his District that he would mail letters if they got to him in time; he now has 685 letters to mail that people have been dropping off at his office; and the EDC has said it would fund the cost of mailing the letters.  He stated the School Board passed the letters to students for class projects; there is also a flyer being put in to County employees’ paychecks; and there is a drawing for two launch tickets if they participate in the campaign.  He noted Florida TODAY is running a full-page ad on Friday at no charge to the County; he has received correspondence from people around the country; and there are billboards in Wichita, Kansas, Los Angeles, California, San Francisco, California, Iowa, and many other locations.  He stated Congressman Kosmas and Senator Nelson have a video on their websites, as well as Senator Nelson; and he thinks the Program is moving in the right direction. 

 

 

 

Commissioner Infantini stated she would like to thank the sponsors that put together the Breast Cancer   Awareness   Bike   Ride   that   was  held  on  Sunday;  and  she  would  like   to  thank Revolutionary Cycles for providing bikes for her and her daughter. 

 

 

 

Commissioner Bolin stated she also attended the Breast Cancer Awareness Bike Ride; it was a great event; and it was overwhelming to see such a large number of people dedicated to the cause.

 

 

 

Commissioner Anderson stated two weeks ago, a couple of constituents came to him with some concerns that there is a perception that there is an attempt to keep minimal traffic on some EEL properties; on Friday he and his family went for a bike ride at Malabar Scrub; there is an old road that runs down the middle of Malabar Scrub, which is accessible and goes to Boundary Canal; he then tried to ride on the trail areas; some of the trail areas have been carved dramatically by the Department of Forestry; and the trails are very hard to walk on because of the sugar sand.  He stated the purpose of EEL was to make sure people can get to the properties to be able to appreciate the purpose and why Brevard County voted that way on the referendum; he knows some recreation board members on EEL committees have concerns about the accessibility, not only for bicycles, but it would be nearly impossible for anyone that has a disability to visit Malabar Scrub; and he would like permission from the Board to ask staff to investigate those issues.  He stated it is his understanding that there were bike trails that were plowed up by the Department of Forestry; he does not think there is any ill intent, but if the County is going to buy EEL properties, they should be as accessible as possible for everyone; and he would like to ask staff to look into it and figure out what needs to be done.

 

Commissioner Bolin inquired if there is an assessment of different properties, of which ones are able to be walked on, and which ones are able to be ridden on with a bicycle; and stated if not, she would like to add that to staff’s research.

 

County Manager Howard Tipton stated he will direct staff to look into the issue and make sure that information is not only provided to the Board, but also posted on the County’s website.

 

Chairman Nelson stated the REAC Committee is made up of citizens that are charged with looking at those issues; and as opposed to staff doing the review, the Committee should do the review.  Commissioner Anderson stated he talked to some members from that Committee and they feel they are being overridden by the Selection and Management Committee that is more biology-based and scientific based; there is a debate whether there is going to be footsteps on the property; and he thinks people need to visit the properties and support them.  Chairman Nelson stated he does not disagree with Commissioner Anderson, but there is a process in place that looks at that issue; if there is a problem that the Management Plan does not address, then that is what needs to be looked at; and he supports the review, but the Board should use the system that is in place.  Commissioner Anderson stated he does not mind how staff wants to initiate the review; but it has to be accessible. 

 

 

 

Commissioner Anderson advised he would like to pull Item III.A.10., Approval, Re:  Tourist Development Council (TDC) FY 2009-10 Advertising Media Plan and Purchase Orders to Advertising Vendors for Ad Placement and Promotion Costs Over $35,000 and Not Exceeding $100,000; and Item III.B.4., Designation of EEL Program as Managing Entity, Re:  Communities Finance Property Management, for discussion.

 

Commissioner Infantini advised she would like to pull Item III.A.6., Resolution, Re:  Misty Creek Subdivision, “No Parking on Streets Between Midnight and 7:00 a.m.” Sign; and Item III.B.6., Amendment Number Six to Existing Interlocal Agreement with City of Rockledge, Re:  Memorial Walk at Levitt Park, for discussion. She noted she will abstain from voting on Item III.C.5., Replacement Appointment, Re:  Brevard County Educational Facilities Authority, as she is employed by Florida Institute of Technology.

 

Commissioner Bolin stated she would like to pull Item III.C.1., Partial Release of Lien, Re:  Property Located at 4356 Pondapple Drive, Titusville, Florida, for discussion.  She inquired if the Board does not have a ranking on a lien on a property, should it have a County Policy prepared. 

 

Scott Knox, County Attorney, advised it would be a Priority Lien.  

 

Chairman Nelson stated if there is no objection, the Board can direct the County Attorney to provide a response to creating a Priority Lien; and otherwise, the Agenda Item will be passed as presented.

 

 

Chairman Nelson advised he would like the record to reflect that he will be voting nay on Item III.A.6., Resolution, Re:  Misty Creek Subdivision, “No Parking on Streets Between Midnight and 7:00 a.m.” Sign. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to adopt a Resolution and authorize the Chairman to execute a Release Agreement and Annuity Claimant Statement regarding  the  Whymeyer  Annuity.  Motion  carried  and   ordered   unanimously.  

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to execute a Binding Development Plan Agreement with Atlantic Coast Paladin Estates, LLC for property located on the south side of Micco Road, approximately 200 feet west of Dotie Drive.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to accept the Sidewalk Easement from Racetrac Petroleum, Inc. in Section 36, Township 24 South, Range 35 East.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to accept a Deed from Susan Yesenko and Robert Janet, Successor Co-trustees of the Leon Rhyon Revocable Trust of 1998; and waive the Phase I Environmental Assessment and survey requirements.  Motion carried and ordered unanimously. 

 

  

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to accept a Quit Claim Deed from Grace Hungerman for the Range Road drainage, which is part of the West Cocoa Drainage Improvement Project. Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to accept a Sidewalk Easement and Utility Easement from Casabella Commerical, LLC for the Casabella Office Park Condominiums.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to grant permission to award to low bidder, piggyback another Florida governmental unit, or purchase using an existing State contract, heavy equipment budgeted for purchase in FY 09/10, with the equipment consisting of four (4) front-end loaders (which are seven years old) and one (1) compactor (which is four years old.).  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve License Agreement with South Brevard Water Cooperative, Inc., to construct a Florida Department of Environmental Protection (FDEP) monitoring well at South Beach Community Park, 500 Old Florid Trail, Floridana Beach, Florida 32951.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve naming a field at Don “Mo” Stradley Park, Junny Rios-Martinez Field.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve naming the boat launch area at Kiwanis Island Park (KIP) the George L. Reynolds Boat Launch Area.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve terminating Agreement with Child Care Association of Brevard County for B.A. Morse Park in Cocoa.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to execute Agreement with Brevard Alzheimer’s Foundation, Inc. for transportation services in Brevard County.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to authorize partial release of lien on property located at 358 Ronald Street, Cocoa, Florida 32927.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve Lease for the Tallahassee Legislative Office and housing for the Government Relations Manager for the period of November 1, 2009 through May 1, 2010 at $1,800 per month, including all utilities and internet access.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to appoint D. Travis Proctor to serve on the Education Facilities Authority, with term expiring December 31, 2009.  Motion carried and ordered;  Commissioner Infantini abstained. 

 

 

 

On the recommendation of Commissioner Bolin, the Board of County Commissioners unanimously appointed Thomas Patrick O’Neill to the Emergency Medical Services Review Committee, with term expiring December 31, 2010.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve the Bills and Budget Changes as submitted.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini stated in the future she would prefer to see the Board have a minimum of a majority of homes in a subdivision that votes to approve No Parking signs; the subject item is too far along at this point to reevaluate; there appears to be approximately 83 homes in the subdivision, and 16 residents voted for the signs; and since it is more of a Deed Restriction and not a safety issue, she is not comfortable going forward.  She inquired if Commissioner Bolin has spoken to the residents.

 

Commissioner Bolin advised she has not spoken to the residents individually, but she has been fully briefed, and she is in support of the request.

 

John Denninghoff, Public Works Director, stated in these types of request, staff typically gets the homeowners association to write a letter and submit minutes from a meeting in which the association discussed the signs; staff has not polled homes in the past, but it can certainly do that; and he would suggest polling homes instead of residents because there can be four people in one residence and one person in another.  He stated that can be a requirement of homeowners associations.

 

Commissioner Infantini stated she is concerned that if a resident had a gathering, and alcohol was involved, and if someone was afraid they would receive a ticket for parking there, they might be inclined to make a bad choice and drive away; and she does not want to encourage people to make bad choices by thinking they would get a ticket if they were parked on the street past midnight. 

 

Commissioner Bolin stated the reason for the signs is not for the occasional party; and it is more of a concern about people parking on the street every night.  Commissioner Infantini stated unfortunately, the proposed resolution does not specify that occasional parties are okay; when there is a blanket policy, there are unintended consequences; and that is why she will be voting nay, along with Chairman Nelson. 

 

Commissioner Anderson inquired what is the safety concern associated with people parking on the street overnight.  Mr. Denninghoff replied, usually the basic concern is that there are people in the neighborhood that do not belong there, and it is hard to determine who belongs there and who does not; the residents are also concerned that if there is a lot of on-street parking, there is a restriction to emergency vehicle response to be able to navigate through the neighborhood; and there is an aesthetic issue that some residents have.  He stated in many neighborhoods there are deed restrictions that require residents to not park on the street; it is difficult for neighborhoods to enforce, so a resolution becomes a mechanism for them to do that; and there other concerns as well.

 

Commissioner Fisher inquired if the deed restriction prohibits parking on the street, and how many residents were notified; and it was his understanding that the majority of the residents did a survey.  Mr. Denninghoff advised he does not believe there was a majority of residents surveyed; the request came from the homeowners association and the meeting notification process that it goes through; and that is why staff requires the minutes from the meeting to show it was discussed.  He noted some homeowners associations have one meeting with just the board members, and then there is a general meeting; and the request came from the general meeting.  Commissioner Fisher inquired if the homeowners association is an active group; with Mr. Denninghoff responding affirmatively.  Commissioner Fisher stated that would indicate to him that a majority of the residents agree with the request.  Mr. Denninghoff stated the neighborhood, in general, knows about the request; but he is certain there are some residents that are opposed to the request.  Commissioner Fisher inquired if staff has heard from the residents that are opposed; with Mr. Denninghoff responding he is unaware of any contact from anyone opposed. 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Resolution for the installation of “No Parking on Streets Between Midnight and 7:00 a.m.” Sign.  Motion did not carry; Commissioners Nelson, Infantini, and Anderson voted nay.

 

 

Commissioner Anderson stated if staff polls the residents, the request can come back to the Board.  Commissioner Infantini stated she agrees with Commissioner Anderson.  Commissioner Bolin stated she will withdraw her motion.

 

Chairman Nelson stated the Board can table the item and take it back to the homeowners to have them conduct a poll of those that will be impacted by the decision; and he would like staff to send out letters to the homeowners.

 

Mr. Denninghoff inquired if the Board would like the homeowners to do the polling, or would staff do the polling.  Chairman Nelson stated he would like for staff to do the polling.

 

 

Commissioner Anderson stated there has been some concern with outstanding invoices.

 

Rob Varley, Tourist Development Office Director, advised he agrees with Finance Director Steve Burdett in that there are numerous hotels that do co-op advertising with the County; some of them have become in arrears; and the TDC has discussed removing those hotels from the opportunity to advertise until the invoices are paid.  He stated one hotel, the Oceanside Inn, will not pay the invoice; there is an argument between the current owner and the previous owner; both are saying that the other one has to pay the bill; and he does not see them paying, but they do not participate with the County anyway.  He stated he has been assured by the other hotels that they will pay. 

 

Commissioner Anderson stated if the hotels do not pay the invoices, they lose the ability to participate with the County.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve the FY 2009-10 advertising media plan; authorized the Tourism Development Executive Director and the County Manager, or designee, to negotiate advertising rates and execute agreements with advertising vendors; and authorize purchase orders for ad placement and promotion costs over $35,000 and not exceeding $100,000.  Motion carried and ordered unanimously.

 

 

Commissioner Anderson advised the item is in regards to managing State owned properties that are not directly EEL properties; he has concerns with taking on additional management, and the future cost and burden on the EEL Program; and he does not think it was the intent of the EEL Referendum and the voters to manage lands outside of those that were purchase directly for the program.  He stated he cannot support the request until he gets an explanation as to why the Board is doing it.

 

Mike Knight, EEL Program Manager, advised the subject property is one that EEL has been pursuing for several years; the priorities have change a little, and there were  some  higher-level pieces of property that have become available, staff began negotiating some other opportunities; but it is still on the list of lands to be targeted under the Selection and Management Committee list.  He stated the State approached EEL and said it was accepting the property as a donation as part of a Settlement Agreement; because the County had been pursuing the property, the State asked if it would be interested in managing it; the EEL response was that it would not be possible unless there was a management fee provided; and apparently, built into the Settlement Agreement was a management fee that is consistent with mitigation donations, which EEL currently accepts, and is $13,600.  He noted the subject property is adjacent to the rest area where there is a planned Welcome Center; the plan is to have a trailhead from the Welcome Center onto the north Buck Lake Sanctuary; and the property would help facilitate that and provide higher ground.  He stated the $13,600 will cover most of the cost associated with needed fencing and fire lines; there are few exotic issues on the property; EEL’s perspective on the management costs, staff efforts can be reallocated next year from the Indian mound preservation in Titusville, to the subject property. 

 

Commissioner Anderson stated he understands the $13,600 will go for infrastructure; his other concern is that the County get burdened by the State often for unfunded mandates, and then the State wants the County to manage their property; and he is of the belief that the State needs to manage its own properties if it wants to acquire them.   

 

Commissioner Infantini stated since the EEL budget is already running at a deficit, and the Board is already digging into reserves to finance EEL operations, she is not in favor of taking over any other land on an ongoing basis, as it is not a wise move at this point because the Board is already over extending staff. 

 

Commissioner Fisher stated there is a bigger picture that is not being explained; he also has a concern with the $5,000 per year for additional management; but he is comfortable with the designation because of the connection to the Welcome Center. 

 

Rob Varley, Tourism Development Executive Director, advised there is a meeting next week with the FDOT (Florida Department of Transportation) regarding the Welcome Center; staff is close to settling on some technical issues; then it will be a matter of drawing up an agreement between the FDOT and the County for acquiring the land to build the 3,000 square-foot facility; one idea is that because the EEL property is there, if the County could have access to it for visitors, it might be a good introduction into the County’s natural tourism assets to people when they come into the County; and it would be a nice touch to play upon the different nature activities in the County.

 

Commissioner Infantini inquired since it would be helping tourism, could TDC take over the management and finance it.  Mr. Varley stated it would be worth looking into; but he would have to talk to the County Attorney’s Office to see if the property qualifies for use of the Resort Tax Funds. 

 

Chairman Nelson stated the County was trying to buy the property, and if it would have bought it, then it would have maintained it; he is not sure maintenance is a question as there are dollars to acquire properties; the  County has also  taken  donations  over the years from the State and private citizens where properties met the criteria for the EEL Program; and the County would not be taking the property now if it did not meet the criteria.  He stated additionally, the property provides a great buffer to the rest area; worst case scenario is that there is housing built up to the back of the rest area, which is not something the County wants visitors to see when they come into Brevard County because it sends a mixed message that Brevard is environmentally sensitive except when it comes to its rest areas; and he thinks the property meets all of the criteria. 

 

Commissioner Infantini advised if the State acquired the property from donation, she does not think houses will be built on it in the near future; the bond referendum was to provide for the acquisition and maintenance; she would prefer to set aside some referendum money to maintain, rather than keep going out and purchasing and managing property.

 

Commissioner Bolin advised the subject property is being given to the County by the State with the understanding that the County will perform the maintenance on it.  Mr. Knight noted the State would continue to maintain title to the land; and the County would manage the property under a Management Lease, but there is no cost to the County for the lease.  Commissioner Bolin inquired if the County would have full right of usage of the land to do with it what it wants.  Mr. Knight replied yes, as long as it is consistent with the intent of why it was set aside.  Commissioner Bolin stated the property abuts north Buck Lake, and inquired if that property will be accessible.  Mr. Knight advised there is a planned trailhead that is going in further down on Buck Lake Sanctuary on the back side that will connect across the line on the St. Johns/Buck Lake Site; the County already has an Agreement with St. Johns River Water Management District that access will go between the two properties and will come from a separate trailhead in addition to the trailhead at the rest area. 

 

Commissioner Fisher stated as the County moves into the future and has to reinvent itself, especially with the Space Center, eco-tourism is something the Board needs to look at because there are some opportunities there; he has noticed that on the EELs board appointments, most of the appointments are environmentalist-type of persons with nobody on those boards thinking about marketing and developing concerning how to use the lands in the future; and it would be interesting to have someone from the EEL committees also helping with the EDC and the TDC, and also some one from the EEL boards on the EDC and TDC.  He stated to him, the Welcome Center helps to tie the two things together, and that is why he is in support.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve the EEL Program Selection and Management Committee’s recommendation that the EEL Program be designated as the managing entity for the Communities Finance property adjacent to the EEL Program’s North Buck Lake Sanctuary, if the property is acquired by the State of Florida.  Motion carried and ordered; Commissioners Anderson and Infantini voted nay.

 

 

 

Commissioner Infantini stated it appears the past Interlocal Agreements has indicated that the County will help the City of Rockledge with infrastructure, but now it looks like there is a shift for the County to provide ongoing maintenance; and she is not sure the Parks and Recreation Department would want to take on more maintenance responsibility when it has advised the Board that it was short on funding.

 

Jack Masson, Parks Operations, Central, advised the Memorial Walk is part of the District 4 Recreation Special Taxing District; staff maintains a number of City-owned facilities both in Cocoa and Rockledge; staff met with the City of Rockledge and explained the budget issues; however, it is funded by the Special Taxing District that the members pay in that area, and the County has a joint relationship on the maintenance of the facility; and the County basically has a minimal aspect of maintaining the facility, but Rockledge does the lion’s share.

 

Chairman Nelson stated he would like to note that earlier in the meeting, the Board approved an item in which the District 4 Recreation Special District released a park that will no longer be managed; and so there is actually a reduction to offset the Memorial Walk. 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Amendment Number Six to Interlocal Agreement with City of Rockledge to add the Memorial Walk at Levitt Park to Appendix “A”, which will formalize acceptance of the Walk into the Countywide park inventory.  Motion carried and ordered unanimously. 

 

 

 

William DiMarzo advised at the July 28, 2009 Commission meeting he requested the Board consider reducing the admission price at the Palm Bay Aquatic Center from $3.00 to $1.50 per person; noted last year the price was $1.50; he does not think the approval of his request would have an impact on the budget, and it might even increase the revenues when the veterans bring along family and friends who pay full price; and stated he goes to the Aquatic Center for physical therapy, not for pleasure.  He noted his request is not only for himself, but the disabled American Veterans and also members of the Armed Forces; the Army had a high rate of suicides last year; it is obvious there is strain from the duties; and it would help them if the pool were available to them.  He stated an article in the Wall Street Journal indicated that 37 percent of soldiers returning from Iraq and Afghanistan suffer from Post Traumatic Stress Disorder; and recognizing the good work of the veterans would go a long way.

 

Don Lusk, Parks and Recreation Director, stated staff discussed the admission reduction during the fee resolution process; it is staffs intent to make an adjustment at the Aquatic Center as previously requested for veterans at this point in time; and staff also suggested having Veterans Days at some of the Parks facilities; but the admission reduction is only for the Aquatic Center at this particular time.  He advised the reduced admission will take effect on December 1, 2009.

 

 

 

Jerry Brinegar stated there is a situation involving a family named the Polecocks that was forced to go to the Special Magistrate because of a small item in their yard, and he would like to read a statement to the Board from the Polecocks and the trouble they had trying to get in to see Commissioner Fisher.  He read, “A few days ago I attempted to contact Robin Fisher, my Brevard County Area 1 Commissioner.  I was contacting him because the Special Magistrate at my public hearing advised me to contact him since I made it clear I was not pleased with the proceedings.  When greeted by the receptionist, Dottie, I told her that I needed to have a meeting scheduled with Mr. Fisher.  Before even telling her what I planned to meet with him about, she said she was not sure she can do that.  I guess Mr. Fisher’s schedule is continuously full, so he cannot be bothered with the public.  Further on in the call, when she asked what my meeting would be about, I told her I was advised by the Special Magistrate at my Code Enforcement hearing to contact him.  She then said that he isn’t supposed to talk about that sort of thing.  Strange, that a Special Magistrate specifically tells me to contact him, yet he isn’t suppose to.  No surprise here that I have not heard back and perhaps I should wait a few weeks and see if his schedule is cleared.  Likewise, if he was booked, why was I not told he was too busy this week; but instead, I am told he can’t meet with me anyway, and even if he were to, he is not supposed to talk about that.”  He advised Section VI of the County Code states, “Public Participation and Inclusion:  All citizens and taxpayers are entitled to have access to their elected officials, to present their grievances to the County Government in an effort to guide the future of the community.” 

 

Commissioner Fisher stated the Polecocks called his office; he opens up his door to more Code Enforcement issues than most Commissioners; he has had seven or eight Code Enforcement issues in his office; and that is why he wanted to hold a Workshop.  He stated one challenge he learned was that once a case goes to the Special Magistrate, he cannot reverse that decision; when the Polecocks called they wanted to talk about the Special Magistrate, but he does not know a lot about the Special Magistrates; and the Workshop is where a lot of concerns can be aired.

 

Scott Knox, County Attorney, advised the Special Magistrate makes the decision, and the next step is to appeal that decision to a court.  Mr. Brinegar inquired what kind of court, because it has been explained that there is not a court.  Attorney Knox advised it is the Circuit Court of Appeals, and he can give Mr. Brinegar a copy of the Statute.

 

Commissioner Fisher stated anyone is welcome to address the Board as a whole to see if it can do anything, then that is a right that everyone has; but to have a conversation with him to tell him they think the Special Magistrate is crazy, he has heard that already from eight people. 

 

Chairman Nelson stated there will be a Workshop to address the issues; and there is a misconception about what the Board can and cannot do.  Commissioner Fisher stated his District has a lot of Code Enforcement issues, and it continues to come up, which tells him there is a problem.

 

 

The Board recessed from 10:53 a.m. to 11:13 a.m.

 

 

Commissioner Infantini stated she would like to remind the Board that she will be abstaining from the vote due to the fact that she is employed by Florida Institute of Technology (FIT); but she will be able to take part in the discussions.

 

Greg Lugar, Merritt Island Redevelopment Agency Director, advised FIT and TUFF, a foundation out of Georgia that primarily does these types of project for college institutions, is putting a project together; the Board authorized issuance of bonds at which time they were about to go to market and place the bonds; however, the financial market totally stopped; and it has been 12 months or more, so they are back to ask the Board to go through the last few steps of the process in terms of issuing up to $62 million that would be for the acquisition and financing of the dormitory and other related facilities at FIT.  He noted the bonds have just been rated at Triple B Minus, so they will basically stand on their own; however, the County’s financial consultant, PFM, has recommended to follow the County procedure for these types of bonds and that they only place these bonds to sophisticated buyers at $100,000 denominations or more.  He stated this is one of two steps; FIT will come back to the Board on November 10, 2009 to ask it to accept and authorize TEFRA hearings that are to be held November 4, 2009 at the EDC offices, which the Board is also being asked to ratify with today’s motion, to reauthorize the TEFRA hearing at the EDC on that date; at the Board meeting on November 10, 2009, FIT will be back to ask it to accept an authorization resolution for that TEFRA hearing.  He stated he would like FIT to explain the details of the project.

 

Kevin Byrne, University Financing Foundation, stated there are five different projects; there are 382 beds in three different buildings that were completed last Fall; students occupied 100 percent of the dorms last year, and this year as well; the Harris Building for Shared Information was just completed; and once the bonds are issued, a new food service facility will be built along with a 261-space parking deck, and an Olympic sized aquatic facility for the students and the community.  He advised the bonds are not County obligation bonds; they are bonds that are TUFF, Florida Tech; he represents the University Financing Foundation, the parent, and it is going to use the single-purpose borrower TUFF Tech and the obligations of TUFF Florida Tech LLC; the lease payments received from Florida Tech are sufficient to pay the debt service, so he will have enough income from Florida Tech to pay all of the bond debt service; the documents and structure provide for the construction maintenance for the projects by both the borrow and FIT; and the borrower, TUFF, is financially responsible to repay the debt and operate and maintain the project based on FIT’s lease payments.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to adopt Resolution authorizing delivery of a preliminary official statement relating to the issuance of up to $62,000,000 of Industrial Development Revenue Bonds, Series 2009, the proceeds of which will be loaned to TUFF Florida Tech LLC (TUFF) to finance the acquisition, construction, and equipping of student housing, food service, parking, recreation, laboratory, and classroom facilities at the Florida Institute of Technology campus in Melbourne, Florida.  Motion carried and ordered unanimously; Commissioner Infantini abstained. 

 

 

 

Chairman Nelson called for the public hearing to consider amending Ordinance No. 96-57, Providing for Tuition and Licensing Fee Reimbursements.

 

Commissioner Infantini inquired what is the cap per year that employees are eligible for; and inquired how much is currently in the budget for it.

 

Frank Abbate, Human Resources Director, advised the cap is $3,000 per year; there is only a minimal amount that is provided for in the General Fund budget, which is approximately $13,000; however, in the different enterprise funds, there are resources to provide for their employees, so the total Countywide amount that was expended for tuition reimbursement last year was approximately $69,000 for the 2,400 County employees; and the proposed ordinance does not change what the cap would be, as it is an effort to expand the institutions that are covered, because today, with the Internet, there are a lot of courses available online.  He noted the purpose of the amendment is to expand the universities that are covered by the U.S. Department of Education so that people who are taking online courses can have coverage even if it is not something that is specifically accredited within the State of Florida.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to adopt Ordinance No. 09-29, amending Ordinance 96-57, Providing for Tuition and Licensing Fee Reimbursements.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson called for the public hearing to consider a resolution vacating right-of-way, London Boulevard fka Roosevelt Avenue Map of Kelly Park/Fatima Phillips & Space Coast Petro Distributor, Inc.

John Denninghoff, Public Works Director, advised previously, the Board continued the item to give an opportunity to have a meeting with the community, and others with concerns about the petition to vacate; the meeting took place in Chairman Nelson’s office; and it is his belief that neighbors came to an understanding.  He stated at this time, the petitioner has agreed to some conditions, which seem to be agreeable with the neighborhood; however, there has not been official action taken by the HOA; and staff is prepared at this point to request a continuance of the hearing to allow more time for the HOA to meet and take action.  He stated the next Board meeting is November 10, 2009, and he is concerned that staff will not be able to get all of the details worked out by then; and he would suggest continuing the item to December 1, 2009. 

 

Roger Kiser stated he represents the petitioner who has no problem continuing the item; and the agreements that were made at the neighborhood meeting are fine with them.  Chairman Nelson stated there was a good meeting between the community and the applicant, and it is a deal that just needs to be formalized.

 

Chairman Nelson passed the gavel to Vice Chairman Bolin.

 

Motion by Commissioner Nelson, seconded by Commissioner Infantini, to continue the Public Hearing, Resolution, Vacating Right-of-Way – London Boulevard fka Roosevelt Avenue in Map of Kelly Park, as petitioned by Fatima Phillips and Space Coast Petro Distributor, Inc., to the December 1, 2009 Board meeting.  Motion carried and ordered unanimously.

 

 

Vice Chairman Bolin passed the gavel to Chairman Nelson.

 

 

Chairman Nelson called for the public hearing to consider a withdraw request and authorize refund for petition to vacate public utilities easement in Indigo Crossing, Phase 4, Duskywing Drive – James and Michelle Cutbirth. 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to withdraw the request to vacate the public utilities easement in Indigo Crossing, Phase 4, in Section 32, Township 25 South, Range 36 East; and authorize staff to refund the previously paid fee.  Motion carried and ordered unanimously.

 

 

 

The Board reached consensus to table request to accept the report on Honest John’s Fish Camp sign, and provide staff with direction regarding Code Enforcement Action, to the November 10, 2009 Board meeting. 

 

 

 

Liz Gruen stated she is a candidate for the Dangerous Dog Council; she did not want the Board to just look at her paperwork, as she wanted them to meet her; and she put together a portfolio that she would like to give the Board that tells a little about herself and her training ability.  She advised she has created a Kids and Canine Program, in which she takes her dogs to schools and does seminars on training and easing their fear of dogs, along with teaching the kids how to respect a dog and its space. 

 

The Board took a vote to appoint two (2) members to the Animal Services and Enforcement Dangerous Dog Council from the list of four applicant.

 

Mel Scott, Assistant County Manager, advised the Alternate Kennel Worker position will be Eric Eschman; and the Alternate Dog Behavioral Trainer will be Howard Knauf.

 

The Board unanimously appointed Eric Eschman and Howard Knauf to the Animal Enforcement Dangerous Dog Hearing Council, with terms expiring December 31, 2010. 

 

 

 

Chairman Nelson advised there is someone present to speak on an item the Board will hear later in the meeting, but cannot stay; and inquired if the Board would hear her comments while the votes for the Dangerous Dog Hearing Council are being tabulated.

 

Bonnie Wilbanks-Free, Town Administrator, Town of Malabar, stated the Town Council of the Town of Malabar is in favor of the purchase; the area around it fits into letting the property be used as a conservatory part of the property; and the Town wanted to let the Board know it is in favor of the purchase.

 

Mel Scott, Assistant County Manager, advised the Alternate Kennel Worker position will be Eric Eschman; and the Alternate Dog Behavioral Trainer will be Howard Knauf.

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to appoint Eric Eschman as the Alternate Kennel Worker to the Animal Services and Enforcement Dangerous Dog Council, with term expiring December 31, 2010; and appointed Howard Knauf as the Alternate Dog Behavioral Trainer to the Animal Services and Enforcement Dangerous Dog Council, with term expiring December 31, 2010.  Motion carried and ordered unanimously.

 

 

Chairman Nelson advised the Board will be discussing Items VII.E.4. and Item VI.C. concurrently.

 

Ernie Brown, Office of Natural Resources Director:  Staff has brought back to the Board, at its request of the September 15^th meeting, a further discussion on the Landscaping and Land Clearing Ordinance; and what we have presented to you in Agenda form are three basic options; and it is the Board’s discretion to take those options, or provide other direction to staff.  At the September 15, 2009 Board meeting, the Board approved the Landscaping, Land Clearing Task Force recommendations for the revised ordinance; and he would like to remind the Board there was approximately 15 meetings and over a year’s worth of work of volunteer staff to develop   a   consensus   document.   What  the  Board   approved,   there   were  a  few   minor

modifications to that to include the removal of the bond requirement and removal of the conservation easement requirement for site plans and subdivisions that come in for County review.  We have here three options; one is to modify and adopt one of the evaluated local community codes; two, further modify and streamline the existing recently adopted Brevard County Code; or three, evaluate the newly adopted Code for one year to identify its effectiveness and bring back to the Board recommendations for improvement after that evaluation.  Staff also provided to the Board a fairly detailed staff report that went through some of the major elements of conversation which included canopy tree preservation, tree replacement mitigation, alternative landscaping and enhancement plans, buffer widths, tree protection zones, and incentives, waivers, and exemptions.  Staff has also worked with Mr. Moia who is one of the members of the Task Force, at the Board’s recommendation, and Mr. Moia has submitted a revised set of recommendations for Board consideration that staff received yesterday; it is a much more simplified suite of recommendations; the recommendations are not inconsistent with the criteria that is set forth by the State; and it is primarily their community character questions, which is strictly within the purview of the Board as to how it envisions the community to look in the future. 

 

Bruce Moia, MBV Engineering, stated the last time he was in front of the Board, he volunteered to compare the County Landscape Code to the Cities of Titusville, Melbourne, and Palm Bay;  even though the Task Force discussed issues that were presented to it from the previous Board, this Board was gracious enough to adopt those with a couple of other minor additional things; and now the Task Force is back to try to get the Code in the ballpark with some of the other cities for competitiveness in the current economic climate.  He stated the three things that really need to be looked at is the amount of preservation required; and to get the County in the ballpark with the three cities, the Task Force recommends the Board bring all these down to a 10 percent preservation area; for those sites under three acres, that they be exempt from that preservation requirement; that kind of brings the County in line with the cities of Palm Bay and Melbourne, which is like a threshold for a major and minor plan; and he chose three acres for that reason, because for small sites like that, it is very difficult to develop if it is a wooded site.  He stated the last thing is to reduce the amount of mitigation required when talking about protected and specimen trees; to get it in line and back in the ballpark with the three cities, he recommends the Board bring protected trees down to 25 percent, and specimen trees down to 33 percent; stated if a 24-inch tree is taken down, based on the County Ordinance at the 200 percent, a tree that used to take up 450 square feet of area, when replanted, would now take over 10,000 square feet of area; and so if there were four trees on a site that were 24 inches or more, they are now being replaced with more trees that would take up a whole acre of property.  He stated he feels that is a little excessive; and to get in line with the other cities, he feels 25 percent and 33 percent is more in line than the 150 percent and 200 percent. 

 

Commissioner Fisher inquired if this was discussed when the Task Force met.  Mr. Moia advised when the Task Force was put together there were specific items that were to be addressed and it was not supposed to address any other issue besides those specifically addressed by the Board for the Task Force to talk about; and the Task Force never talked about the percentage of preservation, nor did it talk about reducing mitigation percentages, it just talked about those issues that were prescribed by the previous Board. 

 

Commissioner Fisher inquired if that is staff’s understanding also.  Mr. Brown replied, the specific questions the Board asked the Task Force to look at did not include reevaluating the percentages of preservation, nor did it include reevaluating the percentages as it relates to the replacement criteria; and that is an accurate statement by Mr. Moia.  He noted while the Task Force did not address those, he does not know if it was beyond their purview to make those recommendations; but they did not specifically address those, nor did the Board specifically identify those as areas to be revised.

 

Commissioner Fisher inquired if Mr. Moia’s math is correct, in the way he calculated the percentages.  Mr. Brown replied he has not reviewed the math, nor has staff gone through it in detail.  He stated to provide a general overview of the concept between the 150 percent versus the 25 percent, when the Board passed that 150 percent, the concept was from a community benefit perspective, to enjoy the benefits of canopy now, as opposed to waiting 25 or 30 years for maturity; so when a large tree is removed, it has a certain canopy that provides not only aesthetics, but also air quality and the community benefits associated with that mature canopy;  the premise the Board at the time was employing was to continue to enjoy that benefit, and was to have 150 percent replacement; and if that is still the posture of the Board, then the reduction of that percentage would not be appropriate.  He stated what Mr. Moia has set forth is a slightly different perspective in saying that eventually those trees will grow, and eventually in 25 years, or to maturity, the benefits will be regained derived from long-standing, or mature, forested environments. 

 

Chairman Nelson stated he is a bit uncomfortable making a decision today because he would like to sit down and do a “sanity check” about the potential impact.  He noted originally, he was inclined to go with evaluating what the Board just approved, but if it can put this in there it would be great, but he would like to have at least a week to look at it to see what it really means, instead of working off the single sheets; but he thinks the Board is close, and if it gets it right, it will not have to deal with it for a long time. 

 

Commissioner Bolin stated she agrees with Chairman Nelson; she would like to be able to digest the new information the Board has just been given; and suggested tabling the Item to the next Board meeting. 

 

Raphael Hanley, Associate Division Council for The Viera Company, stated he was at the last Task Force meeting when they adopted the revisions and sent it on to the LPA, and the LPA sent it onto the Board.  He stated he believes it is consistent to say that both of those boards were uncomfortable with what was being presented, but were limited to the questions that has been presented to them originally; they were saying to pass it on to the next level, but he really thinks it needs to be looked at from the Commission’s standpoint because it has the power of philosophy, and the specifics it was given to approve.  He stated he believes the Item needs to be continued a little longer; his suggestion would be to see the entire ordinance as it is proposed to be revised, as it will give everyone a chance to look at it again; and one week is not enough time to do that effectively.  He stated he would like to point out some items of concern for The Viera Company; the first items is that in the ordinance there is a provision that says there can be alternate or special  landscaping  districts created;  but  where  it showed up  in the ordinance was under one particular division and it did not actually pertain to the entire ordinance; and he would like to know where that has actually been clarified that when this is adopted, the Board can carve out special landscaping districts that cover this entire landscaping ordinance, as opposed to just that one piece.  He stated the second item of concern is that staff has indicated that while there is an attempt to reduce the uncertainty of words like “reasonableness”, they put a lot more specificity in the ordinance; but the reality is that the uncertainty is still there because the big standards in the ordinance is greatest extent feasible; greatest extent feasible says it is staffs job to look at a project and ask if trees are being preserved to the greatest extent feasible, which can include relocating roads, ponds, and changing a one-story building to a two-story building; and that is not any kind of specificity, as it is tremendous leeway on staffs part to be able to change a project.  He stated there is a provision that talks about reducing the kind of canopy that is preserved; from The Viera Company’s standpoint, as a large developer, some of the things can work for a small piece, but when getting into larger developments, it is usually done in phases; so if there is a requirement to set aside 10 percent, and that 10 percent would show up later on when developing the back-half of a project, the first phase might have no trees on it that are being preserved, but trees are being preserved in the back half; and there is nothing in the ordinance discussing how to do a phased project, so you can get trees preserved over the project as opposed to over a particular piece of that project.  He stated another thing to keep in mind is when there is this preservation requirement, there is a question about how practical it is, because one of the things that has to be done is that fill has to be put in; so that adds two or three feet of fill to the area being built up, and the trees will be down in a hole, which actually creates a pond for them to drown in. 

 

He stated there is some question about whether the 10 percent preservation is actually going to get something that is preserved long-term or not; stated the other thing Mr. Moia pointed out is that there is a percentage requirement that says if a tree is put in that is going to have a canopy of 100 square feet today, it only counts as 25 percent when put it in, so a developer only gets 25 percent of that tree; and so actually, what has to be put in is 400 percent of the full anticipated growth of trees every time a project is done.  He noted no matter what size this thing is, ultimately, 400 percent of trees are being built; and that is going 300 percent over what actually would happen when trees are full grown.  He stated there is nothing in the ordinance that lets the trees be cut out as they start getting bigger; so essentially, if all of the trees live, it is bad because now there is 400 percent of trees on a property with no way of culling the trees, even by the owner.  He stated the more trees one has, they keep growing and growing, and there is no way to clean it out, so there needs to be a way to reduce those trees and keep the canopy coverage from getting overwhelming on a project based on the fact that the trees actually start growing.  He stated he agrees with getting rid of the preservation requirement because the reality is that most trees are preserved because most of the time the project is not clear in the entire County. 

 

Chairman Nelson stated the Board still has some more work to do; he thinks the Board is getting closer; but he thinks the Board needs to drill down on the specific issues; and based on that, ironically, the argument was to continue it out 30 days from a group that would benefit most by what the Board is talking about, so it is probably worthwhile to take time to think this through. He stated right now, the Board has in  place  the  Ordinance  and things are finally able to move; but the question is how long does the Board want to take to try to look at it; and he does not know that he wants to send it back to the Committee at this point.

 

Commissioner Anderson stated he does not think it should go back to the Committee, as the Board is elected to make these decisions.  He mentioned he talked to Mr. Brown about streamlining everything; one should not have to be an engineer or a lawyer to figure out every County Ordinance; and he understands the Ordinance got larger, so it is more specific and less ambiguous; but in the long run, the Board needs to figure out a way to streamline it.  He stated his biggest concern has always been the individual property owners in the unincorporated area; he knows there is an exemption for properties under two and a half acres, and if they want to cut down a dangerous tree, they can just take a picture of it and hold on to it; and he has a lot of property owners who live on more than two and a half acres.  He stated he does not know what the threshold is, but the intent is that people will not use that loophole and clear their property; so somehow, existing homeowners who find that a tree is dangerous, regardless of the acreage of their home, he does not think they should have to get a permit to cut a tree on their property; the Board just has to figure out how to do that while protecting the intent that it does not want rogue people who just want to clear hundreds of trees; but if it is a one or two tree situation, it has to be figured out. 

 

Chairman Nelson stated he does not know if he wants to get rid of the permitting process, as he thinks there is a need for some level of review; but the Board had this discussion about a basic service its needs to provide, so if it needs to fund a position so that its citizens do not pay every time they go to get the permit.

 

Commissioner Anderson stated right now, with under two and a half acres, all someone needs to have is a picture and maintain a record under the County’s ordinances.  Mr. Brown advised it is actually any property at all for a dead or dangerous tree, if it meets any of that criteria.  He stated there is an exemption for lots that are less than two and a half acres that they are exempt from certain criteria as long as they meet the minimum landscaping requirements.  Commissioner Anderson noted that is on mostly new construction but he is talking about existing residential. 

 

Chairman Nelson inquired if the Board wants to table the issue for 60 days.  Commissioner Infantini inquired if the Board can table it for 30 days, as she would like to see it move faster, because the Board has been looking at it for quite a few months.

 

County Manager Howard Tipton advised there is a Board meeting scheduled for Dec. 15^th, which is the last Regular Board meeting of the year; and he has been advised it is usually a very full meeting because the Board tries to get through all of the things that might normally get a second meeting during that month.  He noted there is also a Regular meeting on December 1^st as a Regular meeting as well; and there is a Workshop scheduled for December 17^th. 

 

Commissioner Anderson noted for the record, he will be present for the first meeting in December, but he will not be able to attend the December 3^rd Zoning meeting on Thursday.

 

Commissioner Infantini inquired if the Item could be put on December 1^st, just so the Board can get it closed out before the end of the year.  Mr. Tipton stated staff will take a look at the recommendations that have been made and proposed today; and staff is also going to look at additional simplification opportunities around existing privately owned properties so they can be maintained more easily.

 

Mr. Hanley inquired if there will be a draft ordinance to review before December 1^st.  He stated the whole issue is that it is complex; and inquired if it is being reduced, are just suggestions being presented to the Board, or is it an actual revised ordinance that can actually be reviewed by the public, being presented to the Board.  Mr. Brown advised normally, when ordinances are revised they go back to the BCAC for review, then the LPA for review, and then a hearing before the Board for approval and consideration; and inquired if that is something the Board would like to employ, which is the current policy. 

 

Commissioner Anderson inquired if there is any way staff can get a draft to the Board on December 1^st to at least review and get the process started.  Commissioner Infantini stated she would like to go back and start reviewing the ordinance line-by-line. 

 

Commissioner Anderson stated his office already has a draft prepared with strike-throughs and suggestions, with notations that he can forward to staff. 

 

Commissioner Fisher stated where he is getting confused is the Board has already passed it, but it is taking five additional suggestions that it sent back to be looked at, and now it is directing staff to look at the whole ordinance.  Chairman Nelson stated yes, the Board is opening it up after it narrowed it down to just a few issues.  Commissioner Fisher stated the tree preservation is a real issue, and the three acres or more are things that no one argues with; and maybe the Board can pass those two things.  Commissioner Fisher inquired if staff has an issue with the Preservation of Site Area, three acres or more, or 10 percent for single-family.  Mr. Brown advised those are community aesthetic questions; it is really something that falls within the purview of the Board; and staff will implement as the Board sees appropriate for the vision it has for its community.

 

Commissioner Fisher stated he would be willing to entertain a motion for Preservation of Site Area.  Commissioner Infantini stated she agrees with Commissioner Fisher, just to get one item done, and keep everything else on the drawing Board.  

 

Mr. Brown stated the only three issues before the Board are the 10 percent question, the three acres or less, and the mitigation/removal of trees; the 15-foot minimum and up to five feet of sidewalk encroachment be allowed that Mr. Moia put forth that is already in the Code; there is a 33 percent reduction allowance the Board can reduce from 15 to 10, based on site condition; and so that is already covered in the Code.

 

Commissioner Fisher inquired if Mr. Moia will explain the Mitigation and Tree Removal.  Mr. Moia stated basically, what happens is if there is a tree that is either protected or specimen, if they are removed, they have to be mitigate for; the criteria if it is a protected tree is 150 percent, or whatever the  diameter of  the  tree  trunk;  and if it is over 24 inches, it becomes a specimen tree and it is 200 percent; there is a specific planting area required for each tree, as each tree has to have its 900 square feet, so it takes 12 trees to replace those trees; that is 12 trees at 900 square feet per tree; and there begins to be less room when trees are taken out.

 

Mel Scott, Assistant County Manager, suggested if staff had the three items that are identified, which are, the Preservation of Site Area, with the percentages identified in Mr. Moia’s letter, the Mitigation of Removed Trees, and those percentages identified in the letter, and the Small Lot Exemptions, staff could present the proposed ordinance to the Board on December 1, 2009.  He noted on December 1^st, staff can have an underlined, strike-through ordinance prepared, which would give the community time to discuss it; staff could provide the Board with illustrations of it being implemented and applied; and then staff can receive Board direction to advertise that ordinance and have it adopted in January 2010.  He stated the alternative would be to simply construct the ordinance, present it to the Board on December 1^st with it advertised; and if the Board finds it acceptable, it can adopt it at that time. 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to direct staff to prepare an underlined strike-through Landscaping, Land Clearing, and Tree Protection Ordinance, with the recommendations of MBV Engineering, Inc., relating to tree preservation percentages, tree mitigation percentages, and small lot exemptions to the LPA (Local Planning Agency) at its November meeting; and direct staff to bring the advertisement to the Board for approval on December 1, 2009, to be adopted in January, 2010.  Motion carried and ordered unanimously.

 

 

Stockton Whitten, Assistant County Manager, advised this Item is the financing of the Barefoot Bay Wastewater Treatment Plan improvements; it is a 20-year loan that is payable from the Barefoot Bay Utility System revenues; and it is secured by a subordinate lien on the County’s sales tax and a covenant to the budget.  He stated the second item is some refunding of some sales tax bonds; those are the same subordinate liens; it is not extending the terms of the original dates; and it is simply a refinancing to save approximately $350,000 over the remaining life of that loan.

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to authorize execution of Bond Authorization Resolutions and related financing documents for the Brevard County Subordinate Sales Tax Refunding Revenue Bond, Series 2009A, and Brevard County Subordinated Sales Tax Refunding Revenue Bond, Series 2009B; and approve any budget changes as necessary.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to execute Revised Independent Contractor Professional Services Contract with the Charter Review Commission attorneys, the Goren, Cherof, Doody and Ezrol, P.A. Law Firm.  Motion carried and ordered unanimously. 

 

 

Commissioner Fisher advised he is not against the purchase, but he is against the price; stated it seems the County is most likely the only buyer for the property; and he thinks the Board is paying more than it should for the property. 

 

Mike Knight, EEL Program Manager, advised the item was originally before the Board on February 8, 2009, but no action was taken and the Contract expired at that time; and it is his understanding the Board wanted to wait until it held the Land Acquisition Workshop.  He stated the Town of Malabar is supportive of the acquisition; it is an in-holding within the Malabar Scrub Property that is surrounded on three sides; the owner purchased the property in 2005 for $85,000; the most recent appraisal was done in May 2009, which stated the property was worth $95,000; in October another appraisal came in for $90,000; and the purchase price is $88,000.  He stated negotiations began at the owner’s purchase price of $85,000, but that was unacceptable to the owner, and it has moved up.  He advised on of the issues EELs deals with is that the appraisals are confidential to the owners until such a time that a contract is signed; and his concern is that EELs credibility is jeopardized with land owners in Brevard County if by the time it comes forward, it is found out that staff negotiated far below what the appraisal determined was the fair market value of the property.  Commissioner Fisher stated he disagrees with that philosophy. 

 

Commissioner Anderson stated he visited the property on Friday; stated he does not know what criteria was used in the appraisal, but it was evident to him that there was a lot of low spots on the property; whether they are considered wetlands or not, he does not know; and there has not been any rain in a while but some places were still muddy.  He stated the Town of Malabar could probably mitigate the wetlands if it were to be built on; but the property looked very wet; and he is not happy with the current price, based on his observations. 

 

Commissioner Infantini stated the property was purchased in 2005 for $85,000; the owner did a Quitclaim Deed of part of the land for $15,000; and inquired if any of the original property was given up for $15,000, as it appears the Board is looking at a smaller piece than was originally acquired.  Mr. Knight advised it is his understanding that the previous owner did some sort of internal transfer; and it is the same amount of acreage, but the owner sold out his portion of the ownership to the other owner.

 

Commissioner Fisher inquired what is the property’s zoning classification.  Thomas Richards, MAI Appraiser, advised the property has a Zoning and Future Land Use of Office Institutional (OI), and BU-1, General Commercial, which typically allow professional office and institutional uses.  Commissioner Fisher inquired if the property is high and dry; with Mr. Richards responding it is not completely high and dry, but it has 1.45 acres total; and of that, 27 percent of the property is wetlands, leaving 73 percent uplands.  Commissioner Fisher inquired what part of the property are wetlands.  Mr. Richards advised it wraps around a predominately upland piece that is on Malabar Road.  Mr. Knight noted it is split down the middle; and there are wetlands on one side and uplands on the other.  Commissioner Fisher stated that tells him that development would be difficult.  Mr. Richards stated there will be constraints, but he thinks it is workable; and those elements are accounted for in his appraisal. 

 

Commissioner Infantini inquired if there are any specimen trees on the property; stated there is a chance that it would not be able to be developed because of the current Landscaping, Land Clearing and Tree Protection Ordinance; and because of the tree coverage, so many trees would have to be replaced, setting aside a portion for the wetlands, a portion for the parking lot, and some for the retention pond and canopy.  Mr. Richards advised typically what is found in a situation like this, is that the owner is not going to know exactly what they are going to get until a site plan is submitted; in the site planning process, the wetlands are going to be mitigated away in order to get parking and retention; it is kind of a negotiating process; and in his opinion, the property has the potential to be developed.

 

Commissioner Anderson inquired if the Town of Malabar has a mitigation program for wetlands with new construction.  Mr. Knight replied if it is commercial construction it would be handled through the St. Johns River Water Management District. 

 

Commissioner Fisher stated he believes it will be a long time before the property is developed; and inquired what EELs plans to do with the property.  Mr. Knight responded the property met the criteria for selection, so it represents a biological diversity benefit to the overall site; what it does from a management perspective is allow EELs the freedom to burn across the landscape without having to work through the Division of Forestry to do that under the Hawkins Bill; that allows EELs to keep track of exotic invasions and simply manage in the context of the rest of the sanctuary; and there will be no plan for parking or development of the site.

 

Commissioner Fisher stated he has an overall concern about how the Board acquires property; stated the Board says it is interested in a piece of property and gets an appraisal, but half of the time it is bailing out a developer by doing that; and he thinks a lot of the time, the developers love the fact that the Board goes out and gets appraisals.  He stated if looking at it from an Office Institutional standpoint, it is probably worth $85,000 on Malabar Road; and if looking at it from a County standpoint of buying it for EELs, it does not have the same value to him.  Mr. Richards stated he understands Commissioner Fisher’s point, but it is important to understand that property is appraised based on its highest and best use; and that is the market at-large, not a specific buyer, whether it be the County or a private entity.  He stated a government agency as a buyer is often something that may eliminate a potential sale from being a good sale. 

 

Commissioner Bolin stated a piece of the property is between two roads; and inquired what is the potential use of that land.  Mr. Knight replied that piece of land was not deemed to have any significant conservation value; the Town of Malabar request that that piece of land be conveyed through an easement so it could be used for a road expansion or utilities; and the Selection and Management Committee  agreed  that  it  would  not  be  a  problem.  He  advised  if  the  Board chooses to purchase the property, it will come back to the Board as a separate issue to resolve that issue for the Town.

 

Chairman Nelson stated his only concern is the $85,000 purchase price; from a management perspective, having outparcels inside what is being managed is problematic, as Mr. Knight indicated, so boundaries are consolidated so that it can be better managed; but the subject property has the benefit of assisting the Town of Malabar, potentially with the road project; and he thinks there is a willingness to do that.  He stated the price is below the appraised value; the difficulty is how the Commissioners individually view purchases; the property meets all criteria of the EEL Program, the Board is buying it for a preservation and environmental purpose; and it makes sense to him to move forward, so he will support the purchase.  He stated if the Board gets another appraisal it will be approximately another $3,000, which is the difference between the two prices anyway; and at that point, he does not know what the Board will have accomplished.

 

Commissioner Fisher stated the property was purchased in 2005, which was the height of the market.  Mr. Richards advised no, it was the height of the market for residential properties; but commercial properties continued to increase through 2006, stabilizing near the beginning of 2007; and relative to the prior sale of the subject property, it is reasonable to anticipate that it would have increased in value throughout 2005 and 2006, but started to decline in mid- 2007 to currently.  Commissioner Fisher stated he has seen appraisers take the 2005, 2006 and 2007 purchases, which has had a 25 percent to 30 percent drop in value.  Mr. Richards stated he would agree with that on residential land, and now, with several years of decline in the commercial market; but the commercial market lagged behind the residential market.  He stated if the property was bought for $85,000, it is reasonable to expect that it increased well above that during the second half of 2005 and through 2006 before it stabilized and started declining. 

 

Commissioner Infantini inquired how much the Board offered for the property in 2008.  Mr. Knight responded the authorization to The Nature Conservancy at that time was between $98,000 and $105,000; and negotiations would have began at $98,000 and terminated at $105,000 based on an appraisal at that time of $115,000.  Mr. Richards noted he has appraised the property three times beginning in March 2008, May 2007, and May 2009, and most recently in September 2009.  Commissioner Fisher inquired if he appraised for the County each time; with Mr. Richards responding affirmatively, the first time was an appraisal and he has updated it since. 

 

Commissioner Fisher inquired if there have been any other appraisals done on the property.  Mr. Knight stated with the current rules, anything that is under $250,000 only requires one appraisal; when above $250,000, it is one appraisal and a review; and over $500,000 is two appraisals and a review. 

 

Commissioner Fisher inquired based on the dollars in EELs, does Mr. Knight see any additional purchases in the near future.  Mr. Knight replied yes, there are a handful of properties that are still in process currently; and he can get Commissioner Fisher a list of everything that is moving through the process. 

 

Commissioner Infantini inquired how much money would be left with the Bond referendum to maintain the properties once through the purchasing.  Mr. Knight advised the Bond funds cannot be used for on-going maintenance; the Bond funds can only be used for the initial, first-time capital expenditure related to maintenance; when getting into repairs and salaries, and general operations that are recurring costs; but it cannot come from the Bond funds, as they are specific to land purchases and first-time capital.

 

Chairman Nelson stated the Board has to work off of appraisals; the Board has the highest level of Appraiser that is available, and it is saying it does not like the price; from a technical perspective, the price is less than the appraised value; and the Board is following all State and County rules related to it.  Commissioner Fisher stated the Board can take the mindset that it is not interested in the property for the price.  Chairman Nelson stated the danger is that the EEL Program was voter-approved; the Board has followed all the rules set up for that Program; and when a property is priced above appraisal, it is not a problem, but it is when the subject property is below appraisal.  Commissioner Fisher stated it is a change of mindset of how the Board purchases properties and how people might want to negotiate for property.  Mr. Knight stated staff always begins negotiations below the appraised value; and for the subject property it was $85,000.  Mr. Richards stated his latest appraisal was $90,000; and his original effort in May 2007 was $115,000.

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve the Assignment of Option for Sale and Purchase of Bappi Investments, Inc. property; authorize the Chairman to execute the Assignment of Option for Sale and Purchase; authorize staff to exercise the Option for Sale and Purchase on or before February 17, 2010; direct staff to move forward with plans to grant a request by the Town of Malabar for a public utility easement and right-of-way on the portion of the parcel south of Malabar Road; and direct staff to return to the Board following the purchase of the property requesting to finalize the transfer of the easement and right-of-way to the Town of Malabar.  Motion carried and ordered; Commissioners Infantini and Anderson voted nay. 

 

 

Mike Knight, EEL Program Manager, advised the EEL Program has three Citizen Advisory Committees; there is a Procedures Committee, which is in charge of reviewing the initial development of the EEL Policy manuals that the Board approved; and they are also tasked with reviewing any potential changes that the Board would like to have considered for those manuals.  He stated the Recreation Education Advisory Committee is tasked with reviewing all public use plans prior to their inclusion in the Management Plan for the property.  He advised the Selection and Management Committee, which is the Committee being discussed today, is the science-based committee, which is made up of scientists who review the criteria for each property to make sure they meet the criteria and make sure they are consistent with the intent of the referendum and they also review and approve management plans to ensure that the use of the property is science-based and managed for the reason it was purchased.  He stated in July 2009, the Board approve advertising for an opening on the Selection and Management Committee when Ron Hite retired from the Merritt Island Wildlife Refuge; staff made advertisements; there were 10 applicants that applied; eight of those applicants were evaluated as qualified according to the land criteria,  which  says  staff is  supposed  to evaluate  that and determine who meets the criteria; and it is specifically spelled out in the manual.  He stated the task before the Board today is to rank those individuals; staff has prepared a ranking sheet that lists all eight applicants, who by definition of the manual, met the qualifications; each Commissioner would rank each individual with either a one, two, or three; the higher the number, the more preference a Commissioner has for that particular candidate; the total score is the person that will be appointed, unless there is a tie, in which the names will be put in a hat and one will be pulled.

 

Commissioner Anderson stated he thinks all of the applicants are qualified; the person he would rank as Number 1 is indicated on the sheet as not meeting all of the requirements, which he has a problem with how they were set up; and inquired if he should not vote.  He stated there has been a history with putting people on committees that are philosophically driven; and he has a problem with that.

 

Commissioner Fisher stated he looked at the qualifications to be on the committee; and he would like someone from the EDC to be on one of the EEL Committees, and someone from an EEL Committee on the EDC.  He inquired if the qualifications are State mandated that the committee members have to be science-based.  Mr. Knight replied no, the County Commission established the rules after the referendum was created.  Commissioner Fisher stated he does not know how the Board feels about it, but he thinks if the Board is going to get into ecotourism, there should be at least one person on the committee that thinks about marketing and getting people to go to EEL sites.

 

Commissioner Bolin stated she agrees with Commissioner Fisher; stated she was looking at the qualifications, and there is Human Use and Recreation on Natural Areas; and she is also afraid that the Board is so wrapped around the technical end of it, that maybe there needs to be a more balanced philosophy on the Committee.

 

Mr. Knight advised for clarification on the ranking, the Number 1 just represents if the applicant has met the qualification; and a higher ranking was not given to someone if they had more years of experience in a particular category. 

 

Chairman Nelson stated one of the concerns initially with the Endangered Lands Program was that it was going to become another Parks and Recreation Program; but they are very different considerations; and that is why a previous Board created different groups and different manuals; but the primary purpose was for the environmental consideration first, and the public access later, which was then balanced with those environmental uses; and some sites are characterized as, “Level of Intensity Access”.  He stated he agrees with Commissioner Bolin that there are committees set up to address each of those kinds of considerations, but without overlapping, so to speak; first and foremost, property has to meet the environmental criteria, and then apply the utilization after that; and if that consideration is made up front it changes the whole concept of the Program. 

 

Commissioner Bolin stated Vicki Larson was ranked the highest at Seven, but going through her resume, she wanted to bring to the Board’s attention that she has teaching and public relations experience; she worked closely with local federal governments, and she also did workshops and short courses on educational issues; and Ms. Larson’s resume shows she has the human side of activity in her mindset.

 

Commissioner Anderson stated he has a problem with the matrix; stated Sue Hahn is his No. 1 pick because he worked with her for five years; and she did not get ranked with Familiarity with Brevard County Ecosystems, but she runs the biggest Planning Departments in the County. 

 

Commissioner Fisher stated the Program has evolved; stated Commissioner Anderson has voiced concerns about access on EEL Property; if the Board is going to start marketing Brevard County long-term, the mindset has to change not only with EEL, but with EDC and TDC recognizing there are some families that are on budgets who would love to see the beautiful landscape of Brevard County and do it at a very low price because they have free access to a lot of different lands.  He stated he likes Ms. Hahn because she is a business administration person.

 

Commissioner Bolin stated she knows Ms. Hahn and she is a very capable person; but her husband is the Chairman one the Recreation Education Advisory Committee; and she does not feel comfortable having spouses working that closely together.  Commissioner Anderson stated they are two completely different Committees; and Ms. Hahn is probably the most capable professional in the County.  Commissioner Infantini noted some spouses work well together; and she knows Ms. Hahn does a very good job.

 

Chairman Nelson stated it was represented to the voters that the SMC that it would be  science-based; he is not sure he feels comfortable changing what the voters voted on; clearly, the structure that is in place today was in place in 2004 when the referendum was passed; and there were over 150,000 people who voted for it. 

 

Commissioner Anderson stated the Board needs people on the Committee who are of a different mindset; and at least three of the Commissioners think it is time for a change.

 

Commissioner Fisher stated he is trying to get a business-side on the Committee; he is not against EEL, but he would like the mindset to change; the property needs to be marketed and used somehow; somehow, EEL needs to roll to the TDC and EDC side; and there needs to be people on that Committee who feel the same way.  He stated he would like one of the criteria be that at least one member needs to be from the TDC or EDC. 

 

Commissioner Anderson stated the Board can still rank anybody any way it wants, regardless of the ranking sheet; and if the Board wants to take a vote, his original objection is cancelled because he can still vote for Ms. Hahn based on the Policy. 

 

Commissioner Infantini stated the Board can vote for one person each to see if it comes up with some type of unanimous decision, or majority vote.  Commissioner Fisher inquired if the Board would be opposed to the ranking going back to the Committee with his suggestions, in order to find out what it thinks; and if the Committee agrees, the Board can change the structure of the qualifications of the SMC.  Commissioner Infantini inquired if the SMC is science-based, would they want someone on it who is not science-based.  Commissioner Anderson advised under the current policy, the Board can vote however it wants.

 

Mr. Knight advised all the Board would need to do is recommend staff bring the issue before the Procedures Committee for consideration; a couple of things to consider is that the current committees are all due to expire at the same time; December 2010 is when that Committee will come back up for reappointment; one way to handle it between now and then is to go through some sort of evaluation process with the Committee to see if there is a way to restructure that make-up to try to address some of the Board’s concerns.

 

Mr. Knight advised according to the ranking, there were thee high votes for Sue Hahn, two high votes for Vicki Larson; and Sue Hahn is the highest ranked.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to appoint Susan Hahn to serve on the Environmentally Endangered Lands Selection Committee, with term expiring December 31, 2010.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to direct staff to broaden the criteria for the Selection and Management Committee to have at least one member associated with the Economic Development Commission or the Tourism Development Commission, with ecotourism in mind.  Motion carried and ordered unanimously.

 

 

 

Stockton Whitten, Assistant County Manager, advised these are bonds that are issued through the Florida Development Finance Corporation; they are private activity bonds for a company in Melbourne, which is D.T. Leasing, LLC; they are not bonds that the County is liable for issued through the State; and the requirement is that the Board approve these bonds, but he is not sure if a TEFR.

 

Greg Lugar, Economic and Financial Programs Manager, advised it is a TEFR hearing that the Board is accepting, which occurred at the EDC; and the Board is basically accepting the findings.  He stated Mr. Whitten is correct in that the Board holds no liability, nor does it issue the bonds in this case.

 

Mr. Whitten noted the project will allow the company to create an additional 20 jobs above the average wage. 

 

Peyton Woodard, Executive Director, Florida Development Finance Corporation, stated in the project summary he provided, there will be an additional 20 jobs at the end of three years with an additional payroll of approximately $800,000.

 

Commissioner Infantini stated she is uncomfortable setting precedent that the Board would start having each company that promises to bring extra employment to the County to start issuing a bunch of private activity bonds; she understands doing it for a university, which is an asset for the County; and she does not know when the Board would draw the line.

 

Mr. Lugar advised the Industrial Development Revenue Bond Program, which began in the 60’s was primarily for manufacturing companies; subsequently, the Board had a lot of non-profit institutions that would tag-on and use the IRS legislation; Congress actually wrote the laws for helping small manufacturing businesses because there is a limit for these types of companies of $10 million; and the County has been issuing Industrial Development Bonds for small corporations in Brevard County for years. 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to adopt a Resolution for the purpose of Section 147(f) of the Internal Revenue Code of 1986 as amended, covering the issuance by Florida Development Finance Corporation of Revenue Bonds for a manufacturing project within Brevard County, Florida, for the benefit of DT Leasing, LLC, and other affiliates, subsidiaries or related entities thereof.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to execute the annual Agreement with the State of Florida, Department of Health for operation of the Brevard County Health Department for FY 2009-2010; and further authorize the Chairman to execute any future amendments to the Contract contingent upon approval of Risk Management and the County Attorney.  Motion carried and ordered unanimously. 

 

 

Scott Knox, County Attorney, stated the request is to determine if the Board wants to appeal the decision in the Brevard County v. Department of Revenue Case.

 

Commissioner Infantini stated she would like some back-up correspondence, as in what the Department of Revenue filed against the County.  Attorney Knox advised it was a dispute about House Bill I.B., which said if the Board kept the taxes low, then it would get treated better in terms of the amount of money it would be able to get in 2007, then if it would have kept the taxes high; in this particular Statute, there was a range set out between 97 percent of the rollback rate and 91 percent of the rollback rate; if the Board had been a prudent, fiscal entity for the period of 2001 through 2006, it would be able to collect at 97 percent of the rollback; and if it were considered to be on the low end of that scale, it could only collect at 91 percent.  He stated the dispute in the County’s case was whether or not it should have an $11 million tax reduction for the Fire MSTU, included in the calculation of their annual growth rate for that period between 2001 and 2006; the Statute says that was supposed to be taken into account in one place, but in another place it seems to say that it does not take it into account; and the dispute was whether the Board did, or did not, take the $11 million into account.  He noted the Court basically said the Department of Revenue’s interpretation was correct in that the Board should take it into account. 

 

Commissioner Infantini inquired if the Board charged the taxpayers too much in taxes; with Attorney Knox responding no.  Attorney Knox advised the Department of Revenue told the County to treat it how it wanted the County to treat it; and it was in place at 91 percent of rollback rate level.

 

Commissioner Bolin stated what the Board is trying to do is get a second opinion by filing an appeal, because at first the DOR was not going to honor it the way the Board thought it should be calculated.  Attorney Knox advised there would be a three-judge panel looking at it instead of a single judge.  Commissioner Bolin inquired what is the Board’s reward if it wins.  Attorney Knox replied if the Board wins, there is a chance the Court could order the rollback rate be calculated at a level that will include the $5 million that was omitted in 2007, or more; and it could be up to $15 million. 

 

Commissioner Infantini stated she is missing the point as to why the Board wants another opinion; and inquired why not just go with what was ruled, and go forward accepting it has to come in at the 91 percent instead of the 97 percent.  Attorney Knox stated that is fine if that is what the Board wants to do; and he is just bringing up the issue that there is an appeal to be had.  Commissioner Infantini stated she cannot see going forward because the Board already has to hire outside attorney and outside counsel for other issues, and she does not want to burden the County Attorney’s Office. 

 

Commissioner Fisher inquired of what the downside is of doing what Commissioner Infantini is suggesting.  Attorney Knox advised if the Board does not appeal, the Board will be where it is right now in terms of the budget; and if it appeals, there is a chance the Court could mandate the DOR to instruct the Property Appraiser to calculate the rollback rate so the Board would have an additional $5 million to $15 million in the pot when the budget process begins.

 

Commissioner Bolin stated if the Board wins the appeal, it would be able to get back to it $5 million to $15 million; and she thinks that is worth the appeal.

 

Commissioner Anderson inquired who pays the $5 million to $15 million; with Attorney Knox responding it is all tax revenue.  Commissioner Anderson stated the taxpayers have to make it up.  Chairman Nelson stated it does not mean the Board collects; it means that the Board has gotten fair treatment, and gives some flexibility to the County; and the Board does not have to do that.  He stated it indicated how previous Boards dealt with finances.  Attorney Knox stated the Board would be calculating the rollback rate, and it could always cut it out again if it had to.

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to authorize the County Attorney to file an appeal of the Final Summary Judgment in Brevard County v. Department of Revenue.  Motion carried and ordered; Commissioners Infantini and Anderson voted nay.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to adopt a Resolution establishing County Identity Theft Prevention, Detection and Mitigation Program Policy consistent with  federal  requirements.  Motion  carried  and  ordered  unanimously.   

 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve binding coverage and to execute all contracts necessary to provide for a fully insured Short Term Disability Insurance Policy to be made available to all employees on a voluntary basis.  Motion carried and ordered unanimously.

 

 

Chairman Nelson advised Michael Orlik is not present.  He noted in the near future the Board will need to discuss repeat non-appearances by citizens.  Commissioner Fisher noted it is the third time Mr. Orlik had not been present for his Citizen Request. 

 

Mel Scott, Assistant County Manager, suggested Mr. Orlik present his views to the Board under the Public Comment portion of the Agenda instead of creating an Agenda Item.  Chairman Nelson stated that is fine, but the Board still needs to address a policy on the issue because there is an appearance the Board is denying Mr. Orlik a right.

 

 

Mike Diogo stated behind his house is a piece of vacant property that has never been cleared; there are raccoons and other wild animals running through his backyard; there are poisonous snakes in his yard; and the Vegetation Section of the Code needs to be enforced because it does not apply to vegetation which has not been previously removed or maintained.  He noted he contacted the owner of the property and was told they never realized it was unattended for 17 years; and the owner advised him she thought she was paying taxes that included the maintenance of the property.  He stated the property is dangerous; there are trees leaning on his fence; and a snake got into his kitchen, which was poisonous and could have bitten someone.  He stated it is not safe to live in his community; and he is begging the Board to change the Code.

 

Commissioner Infantini stated she understands what Mr. Diogo is saying, but so many people have bought property in the State of Florida; to put an active ordinance on property owners that have owned property for years would be an awful affect for people need to be fined.  She stated a lot of people bought property to hold onto for an investment in the future; sadly, the neighbors have to deal with the unmaintained undeveloped property; and she knows it is frustrating.

 

Commissioner Anderson stated an ordinance was enacted in Palm Bay to at least make a buffer around vacant properties for fire break; but a fire break will not stop raccoons and snakes. 

 

Mel Scott, Assistant County Manager, advised Paragraph B speaks to the 100-foot setback; but even in the instance of overgrowth, potentially, present an adverse public health, safety, and welfare circumstance; it is not intended to apply to the non-maintained woods; and so there is a 100-foot setback, but it does not apply to those lots that have not been previously maintained.

 

Mr. Diogo stated the wild animals can bite people, and they ruin trees; and something has to be done to protect the public. 

 

Commissioner Fisher stated it is very difficult to maintain a vacant piece of property; he has wild animals in his yard as well; but he does not feel comfortable taking that sentence out of the Ordinance and mandating that everyone in the County who owns a piece of vacant property has to maintain it.

 

The Board took no action on Citizen Request by Mike Diogo to consider changing the title of Article II; Section 114-28 of the Code of Ordinances to cover wider situations needed in the subject of Public Nuisance.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to acknowledge the Parrish Medical Center’s Resolution establishing the FY 2009-2010 Revenue and Expense Budget and Millage Resolution.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to acknowledge the Palm Vista Preserve East Community Development District Fiscal Year 2008-2009 Adopted Budget.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to acknowledge the Palm Vista Preserve East Community Development District Fiscal Year 2009-2010 Adopted Budget.  Motion carried and ordered unanimously.

 

 

 

April Lininger stated she works with the Brevard Youth Substance Abuse Prevention Coalition.  She advised the “Be The Wall” Campaign premises includes talking to parents as parents, as there are some things about raising teens that all parents can relate to; the campaign uses humor to exploit the natural conflicts that occur between teens and parents; it is not necessarily about alcohol, but about reminding parents that teens are wired to take risks; and the campaign encourages due diligence on many levels and topics.  She noted the overall goals of the campaigns include talking about the problems with solutions; talking about problems with a unified voice; mediating negative messages and scare tactics; and deliberating control of headlines and issues.

 

 

Upon motion and vote, the meeting adjourned at 1:50 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    CHUCK NELSON, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)