Call to Order

.

 

INVOCATION

 

The invocation was given by Pastor Harvey L. Riley, Mount Moriah Missionary Baptist Church, Palm Bay.

 

.

 

PLEDGE OF ALLEGIANCE

 

Commissioner Mary Bolin led the assembly in the Pledge of Allegiance.

ITEM  I.A.,  RESOLUTION, RE:  PROCLAIMING IRISH AMERICAN HERITAGE MONTH

Commissioner Bolin read aloud, and the Board adopted, Resolution No. 11-035, proclaiming Irish American Heritage Month.  She announced she gets to read the Resolution because her full name is Mary Ann Catherine Frances Duffy Donahue McAreavy Bolin, which is Irish.

 

.

 

 

ITEM  I.B.,  RESOLUTION, RE:  PROCLAIMING THE WEEK OF MARCH 6 - 12, 2011 AS WOMEN IN CONSTRUCTION WEEK

Commissioner Anderson read aloud, and the Board adopted, Resolution No. 11-036,  proclaiming the week of March 6 - 12, 2011, as Women in Construction Week.

 

A representative stated it is an honor to represent the Space Coast Chapter and the National Association of Women in Construction, which has been in effect since 1955.  She added, eight women from Ft. Worth, Texas got together and decided to become formally an association; and it now has almost 5,000 members nationwide.  

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM  I.C.,  RESOLUTION, RE:  RECOGNIZING EAGLE SCOUT SCOTT ANTHONY PLOURDE

Commissioner Anderson read aloud, and the Board adopted, Resolution No. 11-037, recognizing Eagle Scout Scott Anthony Plourde for his outstanding efforts in obtaining his Boy Scout Troop Eagle Scout Award; and offered congratulations and best wishes for a successful future.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM  I.D., RESOLUTION, RE:  RECOGNIZING EAGLE SCOUT ZACHARY MANUEL PEREZ

Commissioner Anderson read aloud, and the Board adopted, Resolution No. 11-038, recognizing Zachary Manuel Perez for his outstanding efforts in obtaining his Boy Scout Troop Eagle Scout Award; and offered congratulations and best wishes for a successful future.

 

Zachary Perez thanked everyone who helped him with his project, and for the Resolution.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM  I.E.,  RESOLUTION, RE:  RECOGNIZING EAGLE SCOUT MICHAEL ANTHONY TOMANIO

Commissioner Anderson read aloud, and the Board adopted, Resolution No. 11-039, recognizing Michael Anthony Tomanio for his outstanding efforts in obtaining his Boy Scout Troop Eagle Scout Award; and offered congratulations and best wishes for a successful future. 

 

Michael Tomanio thanked everyone who supports Boy Scouts.  

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

.

 

ITEM  II.A.,  RE:  UPDATE ON IRON HORSE FIRE

 

Howard Tipton, County Manager, stated the Iron Horse Fire in the north part of the County is 100 percent contained; it has been burning since February 28th, and now it is basically mop-up operations, and clean-up.  He congratuled Brevard County Fire Rescue, Department of Forestry, and Volusia County, as it was a real team effort.  

.

 

ITEM  II.C.,  RE:  STAFFSOURCING OF CLERK OF COURT EMPLOYEES

 

Commissioner Nelson stated everyone has been discussing the circumstance of the outsourcing of the Clerk's services, particularly on the Board side; he has not had an opportunity to meet with the Clerk, but he has a meeting with him tomorrow.  He added, he has some questions about the changes; and while the Clerk is assuring the Board it will have the same level of service, he is not sure what the Board is paying for any longer.  He pointed out the Board has seen furloughs, layoffs, and now outsourcing.  He explained the Board had a similar circumstance with Fire Services a few years ago; and what the Board did at that time, was had the function audited to see what the actual fiscal impacts were.  He suggested having the Clerk side of the budget audited for purposes of determining if the $67,000 shortfall is accurate; and to understand how many employees the Board is currently paying for, with the changing in some of the administrative positions.  He asked what the Board has to say about getting more detail about what is occurring on the Clerk side; and he stated the Board funds it and it is its duty and responsibility to understand what is going on.

 

Commissioner Bolin stated she has been able to speak to the Clerk of Court, and he is putting together information so there will be a more detailed check list of how it affects the Board. 

 

Mr. Tipton stated he was attempting to meet with the Clerk's staff yesterday afternoon, and they were unable to make that meeting take place; and so he does not have any additional details at this point.

 

Commissioner Anderson stated he has his meeting with the Clerk tomorrow, and is not prepared to make a decision until he meets with him. 

 

Commissioner Nelson stated he was hesitant to bring it up today, but one of the things that strikes him, and he asks the Board to consider, is that creating a new starting point, it is a transition from one Clerk to a new Clerk; and now the Board has been told it has a deficit that it did not know about.  He added, there was no discussion about the transition, which really troubled him, because he would love to have had the discussion in advance of the decision being made, and he would like to get a clean starting point with what the Board can except, in terms of services that it is paying for and the citizens are paying for.

 

Commissioner Anderson stated the internal auditing contract includes Constitutional Offices, and inquired if they look at the function annually.  Mr. Tipton responded external auditors, correct; but what Commissioner Nelson is discussing is internal auditors going in and looking at the numbers.

 

Chairman Fisher stated he had his meeting with Clerk Needelman, and it was a very heated meeting to say the least; his feelings and concerns are the Board has been paying for the service for the Clerk and the County Departments, and it transfers over $2 million dollars in General Fund; he does not understand how there is a shortfall after looking at some of the cuts made in the organization; and if anything there should be a surplus.  He added, he has concerns about the level of service; he was politely told he should not be talking about people, but level of service; he does not know what control the Board has over the Clerk's office, but he knows the Board is paying for services; and unless this Board decides it does not want to pay for the services anymore, then the Clerk should be hesitant on making changes that it pays for, which would be Clerk to the Board and accounting functions.

 

Commissioner Bolin inquired if the services are mandated.  Scott Knox, County Attorney, advised yes, in certain functions the Clerk has to perform for the Board of County Commissioners.  Commissioner Nelson pointed out as an option, the Clerk could, by interlocal agreement, relinquish the functions and allow the County Commission to provide the services; and there are options available that go beyond than just the Clerk providing services.  He added, when talking about service levels, he would challenge the Board to say what that means, because he does not know how many employees are left as a result of the outsourcing; so when talking about service levels he is not sure it has been defined; and there is no measurement to look at.  He went on to say, on good faith over the years the Board has continued to fund the services, unless it has problems or concerns, but obviously now it has a problem; he thinks it started with furlough of staff on the Board side which were fully funded; his first concern was why are Board side employees being furloughed for savings of dollars that the Board is not seeing the savings that began over a year ago; and now is being told it has a shortfall.  He stated when talking about service levels he does not know how anyone could point to a document that says what the service level is.  

 

Chairman Fisher stated his concern is, if there really was a $67,000 shortfall, he sure would have liked the Clerk to come and have dialogue with the Board, and he thinks it would have been something to consider.  He added, a $67,000 shortfall, if that is the reason that triggered him making this move, which he does not believe is the only reason, but it is going to cost the County $1 million, or more, if it is true the impact it will have with health insurance; in fairness, that was one of his frank conversations with the Clerk; he would of loved to have had the dialog of, if he had this shortfall, and before he had the shortfall, he should of thought about the position he is putting the Commission in with an additional $1 million bill this year. 

 

Commissioner Nelson stated the Value Adjustment Board is an emotional process that people deal with, and he thinks it has to have staff that has dealt with it on a routine basis; although the Clerk is trying to say it will be the same staff, the realty is, it may or may not be; having the same employees involved year after year has been beneficial to the process, and there is no assurance under this new system that is going to be the case; and certainly there is no incentive for that to be the case.  Commissioner Bolin stated the Board does not have any assurance on the old system who is there and who is not; the Clerk has the right to do his own staffing; and the Board purchases a service.  Commissioner Nelson stated he would never tell the Clerk what to do on the court side, but anything that the Board funds he thinks it has every right to understand and comment, and even request, in terms of level of service, because it is paying for it.  He added, the Clerk told the Board that they were going to be partners in this, and so far it is off to a rocky start, because this is one of those issues that should have had a discussion before it got to this stage.  Commissioner Bolin stated that in her discussion with the Clerk he advised he is going to review and find out what the numbers are, and see where he can make adjustments to not have a financial burden to the County. 

 

Commissioner Infantini stated she did meet with Clerk Needelman, and she does understand where he is coming from; and while philosophically she disagrees with his approach, it is not her jurisdiction to determine who he hires and fires, and how he allocates his staff.  She added, she does disagree with the methodology; she does not think it is appropriate that he has a line where he cuts off everybody from a certain point and below, and they get outsourced, but everybody above that line gets to participate in the Florida Retirement System (FRS), and the health insurance system; and explained she is going to be recommending to County staff to remove all Clerk employees from the health insurance plan, as he cannot just pick and choose and have the top 180 employees remain participants while not helping subsidize the other employees.  She added, she does believe this started as a result of the way the County allocates the insurance; she knows it was a problem with Scott Ellis and he brought it up to the Board a couple years ago; and the methodology used to allocate health insurance is not appropriate in her view. 

 

Chairman Fisher stated he is not sure health insurance is the reason for it; he knows Mr. Ellis had a chance to move the health insurance away from the County, and he decided not to because the cost savings was not there; and he would be careful about whether or not it wants to impact the Board with another 180 employees, because that could create some hardship among the people still in the system.  He added, if he hears the Commissioners correctly, they would like to have individual meetings with the Clerk, and they would also like to have staff have a better understand of what financial impact it will have on the Board. 

.

 

ITEM II.C.,  RE:  MERRITT ISLAND LITTLE LEAGUE

 

Commissioner Nelson stated he attended the opening ceremonies for the Merritt Island Little League; it was historic because there used to be three little leagues on the Island and they have now consolidated into a single little league; and there was a good feeling about the day.  He congratulated Merritt Island Little League. 

.

 

ITEM II.D.,  HABITAT FOR HUMANITY STRAWBERRY FESTIVAL

 

Commissioner Infantini stated she and her staff had the opportunity to volunteer at the Habitat for Humanity Strawberry Festival; and thanked everyone for allowing her to participate.

.

 

ITEM II.D., FEBRUARY 22ND BUDGET DISCUSSION

 

Commissioner Infantini stated it was inappropriate for Chairman Fisher to permit discussion to vote after the budget was already passed at the February 22nd meeting; it was passed four to one during the February 22nd meeting to increase the budget by $24 million; and it was advertised publicly and the Board had a hearing on it, yet he allowed the vote to be reversed to permit discussion.  She added, she would like to go over a couple of the comments that were made that were incorrect; one of the comments made by Commissioner Nelson was basically, the placement of money for projects that was yet to be finished; yet the Board took $4.5 million out of reserves to fund two projects; one at Wickham Center to do another community center, which the Board does not have funds to operate; and another $2.6 million for a trial at the Brevard Zoo.  She pointed out the projects were not even started, not something to be completed.  She addressed another comment made by Chairman Fisher was that, "So you think to be fair to the public that we are not increasing the budget by X dollars"; yes, the Board was, it did increase the budget by another $24 million; a third comment was by Commissioner Nelson, saying that Commissioner Infantini was making him look somehow bad, or like he was doing something wrong; and her point is, if one votes and is proud to vote to tax and spend, then be proud of one's vote and man up for it.  She stated she is proud of her votes; she posts them on her website; she is proud to say she is a fiscal conservative and she is not going to increase spending at the risk of the taxpayers; perhaps Commissioner Nelson would also say the $46 million budget increase that took place after the year was over in November, within 60 days after the budget had closed, the Board increased that budget $46 million; and if one is going to tell her that is not a budget increase, they are mistaken.  She added, the Commissioners should make up for one’s own vote rather than attacking her for voting against a budget increase; it would appear Commissioner Nelson studied the agenda based on what she is going to vote against; the behavior demonstrated during the February 22nd meeting was bullying, harassing, threatening, and just shy of extortion; and it was uncalled for by the Commissioners to threaten to take away a specific project from her District because she did not vote their way.

 

Commissioner Nelson stated in the budget that Commissioner Infantini did not approve was a completion of a Barefoot Bay wastewater treatment plant, which is in her District; the Board was transferring the money so it could pay the contractor; and asked if Commissioner Infantini did not want to pay the contractor.  Commissioner Infantini responded she has the budget and if Commissioner Nelson wants to go line-by-line she would be glad to go line-by-line; and stated she placed a few tabs on some of the budget increases.  Commissioner Nelson asked again if she wanted to pay the contractor; with Commissioner Infantini responding yes she would like to fund that.  She added, if Commissioner Nelson would give her a budget with just a few items to increase, she would do it, but $24 million is uncalled for.  Commissioner Nelson stated also in the budget was defeasing the bonds for Merritt Island; if he had voted against the budget and got one other vote he would be able to build a community center on Merritt Island; and asked if that was what she intended.  Commissioner Infantini explained the bond defeasing is Item III.B.10. today.  Commissioner Nelson stated there is a transfer in there of parks referendum money on Merritt Island of about $4 million; did she want to leave that in there, because he is okay with that.  Commissioner Infantini answered she is glad to defease the bonds; the Board does not have the operating capital to maintain the parks the County has, let alone build more community centers; and if staff would put together what it would cost to operate all the community centers she thinks what one would find is the money collected in millage is not sufficient to continue operating the existing community centers, let alone building new ones.  Commissioner Nelson inquired why Commissioner Infantini voted against the supplemental, because that is exactly what would happen as a result of voting for the supplemental budget; by voting against it she would not have taken that action; and if it is important to defease those bonds why would she then vote against it.  He added, he offered to go through the budget line-by-line of the last meeting, and she said she did not want to, but today she feels it appropriate.  Commissioner Infantini stated she would be glad to, she did not want to drag out the meeting she was just going to vote no; now if Commissioner Nelson wants to go line-by-line she is well prepared to go line-by-line; she was just willing to take her 'no' vote and be four to one for not increasing the budget; most of the items were budget increases, and increasing in spending; and it was just balance forwards to finish projects.  Commissioner Nelson stated in the discussion this morning she indicated the initial stages that is was a $24 million increase, and then later said it was a $46 million increase.  Commissioner Infantini explained the $46 million increase was passed November 23rd; and that increased last year’s budget after the end had already ended.  Commissioner Nelson stated if Commissioner Infantini had been prepared to have the discussion last time, they could have at it at the appropriate time, and not as a follow-up under reports.  

 

Chairman Fisher asked for clarification on some of the language because he thinks it is confusing to the public; there is the dialogue about increasing the budget, but maybe it is just a balance forward to somebody's increase; if the Board gets a grant that it has to allocate where the money goes, all of the sudden the term is 'increase'; and asked staff to clear up the dialogue about increasing the budget because he thinks it is confusing when a Commissioner makes that statement.

 

Mr. Tipton stated the general nature of the adjustment that occurred on February 22nd was, in large part, 85 percent, or close to 90 percent, balance forward; and when talking about balance forward, generally it is monies that have been allocated for particular projects of functions that were not spent; for example, it may be for a road project that was started in June and was not able to be completed by September 30th, staff would recognize those dollars and carry them over this last fiscal year into the next fiscal year so the County could finish the project; that is the simplest example of balance forward; and the vast majority of that $24 million dollars was balance forward.  Commissioner Bolin stated if Commissioner Infantini wanted to have the money that was not spent from one fiscal year to another, because it is all allocated to that project, she would write a check to the developer up front for the entire project and then she would not have any balance forward.  Mr. Tipton replied that is probably not a good business approach.  Commissioner Bolin expressed she is saying it is allocated for that, the Board budgeted for that, it just did not have to draw all the money out of the savings account at that point in time.  Mr. Tipton responded, correct; many of the projects the County is undertaking are multi-year projects; on a road project it may take two, three, or four years just to acquire the land in order to start the road project; and as staff allocates the dollars on the front end for the entire project, the Board is going to see the money roll over each year because it has not spent it.  Commissioner Infantini asked if the County was not increasing the budget why did it advertise it and give public notice.  Scott Knox, County Attorney, opined staff did not have to advertise it because it was doing what Mr. Tipton just described; however, staff chose to advertise; and it does not hurt because people show up and talk about it.  Commissioner Infantini stated it was her understanding when the Board takes money out of reserves that it does have to notify the public; and inquired if that is not correct.  Attorney Knox replied he does not think that is true, because reserves are part of the budget; and it just moves from one account to another account.  Commissioner Infantini stated the Board can just move money from reserves without telling anybody it is increasing to fund projects.  Attorney Knox stated the Board does that at the meeting.  Chairman Fisher stated the Board needs to clear about what is reserves; for example, if it starts a project and it was budgeted for $20 million, but only spent $16 million, it still has $4 million in reserves; and if it gets moved over to balance forward; it does not mean it actually pulled money out of reserves.  He inquired if Commissioner Infantini had ever heard of Generally Accepted Accounting Principles (GAAP); Commissioner Infantini responded, yes.  Chairman Fisher asked if she took GAAP into consideration of how she would do the accounting if she did not move it forward.  Commissioner Infantini stated just because it did not spend it last year, yes it is in the balance forward, but it could have taken staff and put it into reserves.  Chairman Fisher reiterated, how would Commissioner Infantini account for it if he budgeted Pineda Causeway to spend $20 million and only spent $19 million, and the year ended September 30th, but he still has to pay the contractor; and inquired how does he account for the $1million that he has not spent but still owed under contract.  Commissioner Infantini explained she is not disputing finishing off projects, what she is disputing is the allocation of funds that were not spent. 

 

Mr. Tipton stated if the Board does not recognize the funds as they rolls over into the next year the funds are not available for use for projects; and it is just not able to move forward, whether it is a Barefoot Bay project or a road project.  Chairman Fisher pointed out the Pineda Causeway has $1 million extra; and inquired if staff does not recognize it until 2011 then what happens to the $1 million; Commissioner Infantini replied the Board increased the budget because staff rolled it over in 2011.  Mr. Tipton responded, technically, staff is increasing the budget; it is recognizing additional revenues and dollars for projects that were not completed that needed to come into this next year; and failing to approve those dollars is not available, and whatever they were allocated for stops.  Chairman Fisher stated one can play-on-words that the Board increased the budget, but the Board did not create any additional spending, all it did was spend the money allocated.  Mr. Tipton stated that is correct.  Chairman Fisher went on to say the public thinks when the Board increased, it has spent more money than it was allocated for the project.  Commissioner Anderson inquired if the County finished Pineda Causeway tomorrow, and it had $1 million left over to spend; and Commissioner Infantini is saying the money is being spent on other projects, then the Board cannot do this without a public hearing.  Mr. Tipton stated if the dollars were allocated for the Pineda Causeway, and the project came in at $10 million, and staff allocated $11 million, it has a $1million in savings that the Board can keep in reserves; and the Board can allocate for additional projects.  Commissioner Anderson asked Commissioner Infantini if that is what she is saying; with Commissioner Infantini responding yes.  She added, all of this money that she would agree and vote for budget increases that only went to finish projects, the Board is appropriating money that is left over.  Chairman Fisher stated 85 percent is; with Commissioner Infantini responding no, 85 percent is balance forward, it was not already appropriated, which is why it says in the budget items that is was unappropriated; and now the Board would like to appropriate for operating expenses for debt service.  

 

Commissioner Nelson stated all Commissioner Infantini is doing is making an argument for staff to over-estimate what they are going to spend, so when the budget comes in next time the budget will be a negative number; and by turning this into some political process instead of a routine accounting process, she is encouraging bad behavior instead of rewarding good behavior.  He added, at staff level the solution to this is she will over-estimate her expenditures, so when staff puts the budget together it will be overestimated, and then when the supplement comes in, it looks good because it goes down; and she would not have accomplished anything.   Commissioner Infantini responded the Board is taking more money and allocating it for more expenditures; and if he is telling her that it is not taking $4.5 million out of reserves to fund another community center when it cannot operate, and threatening to charge people $5.00 to park at the beach, it is ridiculous.  Commissioner Nelson noted the budget report states, 'Budget change request to recognize balance forward for E9-1-1, $4.1 million; these are dedicated for the sole purpose of the County E9-1-1System and cannot be utilized for any other purpose'; and stated it is the only place funds can go, it is an accounting process.  He added, Commissioner Infantini is arguing the $4 million is a budget increase; with Commissioner Infantini responding yes, because it was put into the budget that was part of the $4.6 million budget the Board increased last year on November 23rd.

.

 

ITEM  II.E.,  REPORT, RE:  RESCHEDULING OF APRIL 7, 2011, ZONING MEETING

 

Commissioner Bolin inquired if the April 7, 2011 Zoning Meeting can be rescheduled for May 2011, as there is only one item on the Agenda.

 

Scott Knox, County Attorney, inquired if the meeting has been advertised as of yet.

 

Mel Scott, Assistant County Manager, responded he is not sure at this time, but it can be discussed at the end of the meeting.

 

.

 

ITEM  II.G.,  RE:  JUNIOR ACHIEVEMENT HALL OF FAME EVENT

 

Chairman Fisher stated he was at the Junior Achievement Hall of Fame event, and some well distinguished community leaders were inducted into Junior Achievement, which were Walter Gatti and Fred Sutton; and expressed congratulations to both gentlemen. 

.

 

ITEMS PULLED FROM CONSENT

 

Howard Tipton, County Manager, advised on Item III.C.1, which is a reappointment of Internal Audit Committee members, Mr. James Rosasco has previously served as an Internal Audit Committee member will not be serving again.  He added, this will leave the selection of James Strickland and Mary Young.

 

Commissioner Anderson stated he would like to pull from Consent Agenda Item III.B.5., Resolution, Re:  Environmentally Endangered Lands Program Land Acquisition Manual Revisions.

 

Commissioner Infantini stated she would like to pull from Consent Agenda Item, III.B.10., Approval of Bond Resolutions, Re:  South Brevard Recreation Special District Limited Ad Valorem Tax Bonds, Series 2007; Limited Ad Valorem Tax Bonds, Series 2005 (EELs); and Limited Ad Valorem Tax Bonds, Series 2007 (Merritt Island Recreation MSTU).

ITEM III.A.1., PERMISSION TO APPROPRIATE FUNDS, RE:  GRANT MATCH FOR CITY OF TITUSVILLE PUBLIC DREDGING PROJECT

The Board approved the appropriation of up to $18,000 from Vessel Registration/Brevard Boating Improvement Funds as a 25 percent grant match contribution for a Florida Inland Navigation District grant to be submitted by the City of Titusville for a public navigation channel maintenance; and authorized the County Manager or designee to execute the appropriate paperwork for the funding allocation. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.A.2., RESOLUTION AND EXCHANGE AGREEMENT, RE:  LAND EXCHANGE WITH HUDDICK

The Board accepted the Warranty Deed from Hudick (HUDICK); approved the Exchange Agreement and Resolution providing for the exchange of property, Parcel A, a 15-foot portion of a parcel for a 15-foot parcel B, a portion of Oxyoke Road right-of-way; authorized the Chairman to execute the Agreement, the County Deed, and Resolution approving the exchange; and waived the Environmental Phase I report for properties in Mims, located in Section 7, Township 21 South, Range 35 East, Brevard County Florida, District 1. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.A.3., APPROVAL OF AMENDMENT NUMBER 4 TO LEASE AGREEMENT WITH FLORIDA INLAND NAVIGATION DISTRICT, RE:  DREDGE MATERIAL

The Board executed Amendment Number 4 to the Lease Agreement with Florida Inland Navigation District (FIND) for use of dredge material stored at FIND's Dredge Material Management Area BV-2C in District 1. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.A.4., APPROVAL, RE:  RESOLUTION AND EASEMENT TO BELLSOUTH TELECOMMUNICATIONS, INC., A GEORGIA CORPORATION, D/B/A AT&T FLORIDA

The Board adopted Resolution No. 11-041, and executed the easement from Brevard County to BellSouth Telecommunications, Inc., a Georgia Corporation, d/b/a/ AT&T Florida (AT&T), for an existing telephone cabinet that is on the lift station site located on the corner of Coral Way West and Riverside Drive in Indialantic, Florida.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.A.5., AMENDMENT TO EXISTING RIGHT-OF-WAY USE AGREEMENT WITH PENTHOUSE RESIDENCES AT MARINA POINTE, A CONDOMINIUM, INC., RE:  LANDSCAPE IMPROVEMENT MAINTENANCE ON BANANA RIVER DRIVE

The Board executed the Amendment to the existing Right-of-Way Use Agreement with Penthouse Residences at Marina Pointe, A Condominium, Inc. for landscape improvement maintenance on Banana River Drive. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.A.6., APPROVAL, RE:  AUTHORIZING COUNTY MANAGER TO EXECUTE WARRANTY DISPUTE SETTLEMENT WITH JM MANUFACTURING

The Board authorized the County Manager to execute a warranty dispute settlement between JM Manufacturing and the County in the amount of $132,161.53, subject to the approval of a final written agreement by the County Attorney's Office.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.A.7., CONTRACT FOR ENGINEERING SERVICES WITH WADE TRIM, INC., RE:  BAREFOOT BAY WATER AND SEWER DISTRICT

The Board accepted the recommendations of the Selection and Negotiating Committees; executed a Master Engineering Agreement and Task Orders No. 1 and 2 with Wade Trim, Inc., to provide required engineering services for the Barefoot Bay Water and Sewer System; and approved associated budget changes. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.A.8., APPROVAL, RE:  FDOT JOINT PARTICIPATION AGREEMENT FOR AIRPORT SECURITY ENHANCEMENTS FM.: 430397 1 94 01

The Board adopted the FDOT funded Joint Participation Agreement (JPA) related to Airport Security Enhancements in accordance with Chapter 332.007(8) F.S. to include Security Surveillance System and Lighting. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.B.1., APPROVAL, RE:  BUDGET CHANGE REQUESTS

The Board approved the Budget Change Requests, as submitted.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.B.2., ACKNOWLEDGEMENT, RE:  RECEIPT OF ANNUAL AUDIT OF TITUSVILLE-COCOA AIRPORT AUTHORITY FOR FY 2009-2010

The Board acknowledged the annual audit in accordance with Florida Statute 218.(1)(b), for the Titusville-Cocoa Airport Authority for FY 2009-2010.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.B.3., ACKNOWLEDGEMENT, RE:  RECEIPT OF ANNUAL AUDIT OF SEBASTIAN INLET DISTRICT FOR FY 2009-2010

The Board acknowledged the annual audit in accordance with Florida Statute 218.32(1)(b), for the Sebastian Inlet District for FY 2009-2010.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.B.6., INTERLOCAL AGREEMENT WITH CITY OF PALM BAY, RE:  BUS/TRANSIT SHELTERS AND BENCHES

The Board executed Interlocal Agreement with the City of Palm Bay for the purpose of providing bus/transit shelters and benches within the City limits. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.B.8., PERMISSION TO ADVERTISE ORDINANCE AMENDMENT, RE:  ECONOMIC DEVELOPMENT TAX EXEMPTION FOR BUSINESSES LOCATED WITHIN A BROWNFIELD AREA

The Board authorized permission to advertise an amendment to Section 102-184 of the Code of Ordinances of Brevard County, providing for the granting of an Economic Development Tax Exemption for businesses located within a Brownfield Area.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.B.9., RESOLUTION, RE:  SUPPORTING THE CITY OF TITUSVILLE DESIGNATING THE COUNTY’S SPACEPORT COMMERCE PARK A BROWNFIELD AREA

The Board adopted a Resolution No. 11-043, requesting the City of Titusville adopt a resolution creating the Titusville Industrial Development Enhancement area via a Brownfield Area designation on the Spaceport Commerce Industrial Park. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.B.11., APPROVAL, RE:  BOND RESOLUTION, UTILITY REVENUE REFUNDING BONDS, SERIES 2002

The Board adopted a Bond Resolution No. 11-047, authorizing the defeasance and redemption of all Utility Revenue Refunding Bonds, Series 2002 in an amount not to exceed $23 million; authorized interdepartmental loans from the Solid Waste and Insurance Reserves; granted permission for the Chairman and County Manager or designee to sign all necessary bond documents; and authorized appropriate budgetary actions and changes. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.C.1., ACCEPTANCE, RE:  REAPPOINTMENT OF INTERNAL AUDIT COMMITTEE MEMBERS

Howard Tipton, County Manager, advised James E. Rosasco will not be serving again for the Internal Audit Committee; his name will need to be stricken; and the Board acknowledged the reappointed of James A. Strickland, Jr., CPA and Mary Louise E. Young, CPA, CMA to the Internal Audit Committee, with said terms expiring December 31, 2013.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.C.2., RESOLUTION, RE:  SUPPORTING THE STATE’S CONTINUED FUNDING FOR MENTAL HEALTH AND SUBSTANCE ABUSE SERVICES

The Board adopted Resolution No. 11-048, supporting the State's continued funding for mental health and substance abuse services, with no cuts to an already poorly funded system.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.C.3., APPOINTMENTS/REAPPOINTMENTS, RE:  CITIZEN ADVISORY BOARDS

The Board acknowledged the reappointment of David Isnardi to the Melbourne-Tillman Water Control District, with term expiring December 31, 2011.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.C.4., APPROVAL, RE:  AT-LARGE APPOINTMENTS/REAPPOINTMENTS

The Board acknowledged appointed at-large Mark Senti to the Melbourne-Tillman Water Control District, with term expiring June 30, 2014.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.C.5., APPROVAL, RE:  BILLFOLDER

The Board approved the billfolder, as submitted.

 

.

 

 

ITEM III.C.6., APPROVAL, RE:  BREVARD COUNTY v. PRICELINE.COM et al SETTLEMENTS

The Board approved settlements in the Brevard County v. Priceline.com, et al case involving a dispute over the payment of the Tourist Development Tax by online hotel companies.

 

.

 

 

ITEM III.B.5., RESOLUTION, RE:  ENVIRONMENTALLY ENDANGERED LANDS PROGRAM LAND ACQUISITION MANUAL REVISIONS

Commissioner Anderson stated his concern is in step one of the manual regarding land sales; it states the suggested requirement would be to have an extraordinary majority vote take place, which is six of the eight members would have to vote to support and authorize staff to prepare a Board Agenda request; he is not comfortable with that and does not understand why a simple majority vote is not sufficient for consideration; and he thinks it should maybe say super majority vote required.

 

Mike Knight, Environmentally Endangered Lands Program Manager, stated the committee went with a super majority vote to get it out of the committee process primarily to be consistent with the purchasing rules; in order for the committee to authorize negotiations on land purchases it has to have a super majority vote; it was felt that when an important decision is made to surplus land that was purchased under the referendum the decision to designate it as no longer needed for conservation should follow that same vote structure to appraise the property; and followed by a super majority vote to negotiate.

 

Commissioner Anderson stated a super majority would be five out of eight; it was moved up to extraordinary super majority, which would be six out of eight; it is being made almost impossible to get rid of lands that may not be necessary for the conservation or not feasible for conservation any longer; he feels nervous about it; and he will not support it if it remains in that language.

 

Commissioner Nelson stated his understanding is to buy land it takes a six of eight; and six of eight is required to sell it.

 

Mr. Knight advised there are three votes that involve the Selection and Management Committee (SMC) when buying land; one, a simple majority to appraise the land; two, a super majority to negotiate; and three, a third majority to recommend it to the Board for consideration.

 

Commissioner Anderson inquired if a 6:8 vote would be needed in that type of instance.  Mr. Knight responded that is correct.

 

Chairman Fisher stated it is needed to prepare a Board Agenda item; it is just a recommendation; and the final say comes from the Board and it can make it an Agenda item if it needed to, even though it did not come out of the SMC.

 

Mr. Knight stated the ultimate decision lies with the Board, but the current policy in the land acquisition manual requires any decision to be reviewed first by the SMC; the Board would have to deal with that particular policy; and it would be up to the Board how it would want to approach its existing policy.

 

Commissioner Anderson advised he is okay with the current item as it is; those votes are steps of recommendations to the Board; and the Board can change it if it determines a piece of land needs to be sold, which can be done unilaterally without the SMC if the policy is ever changed.

 

 

The Board adopted Resolution No. 11-042, revising the Land Acquisition Manual (LAM) of the Environmentally Endangered Lands (EEL) Program related to land sale, internal land transfer, and exchange procedures.                   

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM III.B.10.,  APPROVAL OF BOND RESOLUTIONS, RE:  SOUTH BREVARD RECREATION SPECIAL DISTRICT LIMITED AD VALOREM TAX BONDS, SERIES 2007; LIMITED AD VALOREM TAX BONDS, SERIES 2005 (EELS); AND LIMITED AD VALOREM TAX BONDS, SERIES 2007 (MERRITT ISLAND RECREATION MSTU)

Motion by Commissioner Infantini, for the amount of money that would be defeased for the south area referendum project go from $18 million to $22.5 million; and remove the funding for Wickham Park Community Center, as well as the Trail at the Zoo.

 

She advised she has received an email from someone who is opposed to the Trail at the Zoo, with the concern of cutting down trees.

 

Motion dies due to the lack of a second.

 

 

Chairman Fisher advised there is a possibility to get some savings on retiring those bonds; and he would like to add that language if possible.

 

Stockton Whitten, Assistant County Manager, advised it actually gives the County an ability to retire the bonds at a decreased cost for the defeasance of outstanding bonds in south County; he read aloud a statement from a financial advisor, "The market may be such that the County could undertake a tender offer, whereby it actually purchases certain portions of the bonds in the open market, at a discounted price."  He advised it is below face value; as it stands now, this item is prepared for bonds being retired on a dollar-for-dollar basis; the additional action would give the ability to go to those folks who actually hold the bonds and negotiate to retire that somewhere below a dollar-for-dollar basis; he does not want to guess at what it could be, but certain investors may be willing to sell their bonds at a price less-than-par, which is more economically feasible, or favorable, to the County than deceasing it at 100 percent of the face value; and if the Board could add that to the action for the south County bonds that is a favorable condition for the County.

 

The Board adopted Resolution No. 11-044, authorizing the defeasance and redemption of portions of the outstanding and unallocated South Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program) Series 2007 in an amount not to exceed $18 million, and allow tendering of bonds at below face value based on market conditions favorable to the County when the defeasance transaction is executed; adopted Resolution No. 11-045, for Limited Ad Valorem Tax Bonds, Series 2005 (EELs) in an amount not to exceed $5 million; and adopted Resolution No. 11-046, for Limited Ad Valorem Tax Bonds (Merritt Island Recreation MSTU) Parks and Recreation Program, Series 2007 in an amount not to exceed $5 million.  

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

.

 

PUBLIC COMMENTS

 

Francis Herr stated the subject of High Intensity Drug Trafficking Areas (HIDTA) came before the Board; it was not on the Agenda; his understanding is the Board did not realize the impact to the community; the HIDTA is authorized by Anti-Drug Abuse Act of 1988, administered by the Office of National Drug Control Policy; and since the original five HIDTA's in 1990, the Program is expanded to 31 areas of the country, and 282 Special Agents are dedicated to the Program.  He stated the government is bringing a lot of attention to the Program as it has an annual budget of $186 million; the mission is to reduce drug trafficking in the most critical areas of the country, which are the bad spots targeted by HIDTA to reduce impact in other areas, accomplished by institutionalizing teamwork between local, State, and federal efforts; and he can understand why officials think it would be great to get some help.  He referred to the qualifying for HIDTA; an area must be a major server of illegal drug production, manufacturing, importation, or distribution; the problem he has is this now has HIDTA advertising Brevard County, not Interstate 95 (I-95), as a HIDTA; he believes the Board did not know what it all meant to gradualize, to supplement, and add-on the budget; it was not discussed by the Board; it seemed the Commissioners were all briefed by staff that it was coming, by the Sheriff; and what the Board did, except Commissioner Infantini, is told the world that Brevard County is a HIDTA to people whom may want to settle in or visit Brevard County.  He suggested the Board do its research before labeling Brevard County a HIDTA, reconsider the area having the label of HIDTA, and the negative economical impact; 8,000 jobs are soon to be lost in Brevard County and to be called a HIDTA does not make a lot of sense to him; he is a conservative; he does know why Commissioner Infantini was elected; and does not know why Commissioner Nelson, with his past record serving the County as an employee, was ever elected.

 

Commissioner Anderson advised he has researched it and advised Mr. Herr that his background is drug enforcement; he agrees it is a bad stigma to have, but the reality to the situation is 80 percent of Oxycontin's distributed in the United States come out of south Florida; a majority of those go through Brevard County, which has the largest portion of I-95 on the east coast; and 17 years ago the State of Missouri had a Methamphetamine problem, it was ignored because it did not want to be designated of what was taking place, and now it is the number one Methamphetamine producer in the United States because it was ignored.  He advised there have been 800 deaths in Brevard County from overdoses; there are no more cocaine problems in Brevard County anymore; there are Methamphetamine houses in certain areas, but that is being reduced due to prescription drugs; unfortunately, when those drugs come through, he has witnessed drug exchanges in Wal-Mart parking lots right off I-95; and stated that is a problem.

 

Mr. Herr disagrees that the Board did not have the information to make the vote to determine Brevard County a HIDTA and maybe Commissioner Anderson had the information, but the rest of the Board did not; however, it was said that Brevard County is a HIDTA, which is just not Oxycodone.  Commissioner Anderson stated had the State stood up to its agreement to shut down the pill-mills in south Florida, Brevard County would not have to be a part of HIDTA.  Mr. Herr stated the continuation of it is when the federal government steps in, the County loses autumnally; and it is advertising what should not be.  Commissioner Anderson stated he does not disagree with Mr. Herr; but nobody is stepping up and shutting the pill-mills down in South Florida.  Mr. Herr advised there is no enforcement of the laws; and when a person is guilty he or she is not being punished enough.  Commissioner Anderson agreed with Mr. Herr about people not being punished enough.

 

Chairman Fisher stated he was aware of the letter; the Sheriff spoke with him and asked him to present the letter to the Board; he has seen the amount of kids lost to drugs every year; he is for any dollars that can help fight that; Mr. Herr and Commissioner Infantini have brought more attention to the letter than it ever had publicly because most people do not know; he thinks people care because when someone looses a kid to drugs, people care; the history of forfeiture funds should be looked at from stops on I-95; it is a serious problem everyday; and the police officer's in Brevard County have taken dollars because people do not claim the forfeiture funds.  He stated Mr. Herr might think there is no problem in Brevard County; there is a problem in this nation; and if Mr. Herr wants to bring attention to it, which he has, he needs to understand that most people are not even aware of it; and he guarantees that half of the people in this room were not aware of it until today.  Mr. Herr stated his position is not that he does not understand there is a problem; his position is he does not think the Board took the right answer to the problem, by immediately declaring Brevard County without knowing the amount of funds, support, or what is going to the community because the Board did that.  Chairman Fisher reiterated he will do anything he can to help fight to keep kids off of drugs.  Mr. Herr mentioned throwing money into this from unknown sources, with unknown strings, is not necessarily a good thing to do.    

 

Commissioner Anderson stated these funds will probably never be allocated because Brevard County will not be in the running for it; there are areas that are a considerably higher HIDTA that will get the funds before Brevard County; and the Sheriff was doing his due diligence to take a shot at trying to get some help.

 

Mr. Herr stated he is not arguing with the Sheriff at all; his point still is Brevard County being advertised, as a place a person really would not want to take his or her family to; and Brevard is about to lose 8,000 or more ancillary jobs.

 

Chairman Fisher stated he thinks people will still come to Brevard County.

 

Commissioner Nelson corrected Mr. Herr because he said "he would not comment on why Commissioner Infantini was elected"; he did not say anything about why, as Mr. Herr did; he understands what HIDTA is about; it is interesting to him because Orlando attracts people of all ages; it is one of those high traffic areas and it certainly has not hurt Orlando; he thinks bringing this resource to the aide of Sheriff will help deal with the I-95 traffic; and he also thinks to ignore it is naive because it is here, it is not going to affect any properties, and he is ashamed that Mr. Herr has chosen to make it an issue and creating the advertising of HIDTA, not the Board.

 

Commissioner Infantini expressed her thanks to Mr. Herr from coming forward and giving his opinion; she stated she agrees with Mr. Herr; she does not think Brevard County is a HIDTA; all a person has to do is go to its website and it shows Central Florida to the west coast being designated as HIDTA; and the only County that was left out of it was Brevard County.  She mentioned a real estate agent contacted her yesterday inquiring if she could get the HIDTA reversed because Brevard County could have been advertised as the one County in Central Florida that was not designated as a HIDTA; and if individuals can convince the Board to reverse its vote, there would be no label attached.

ITEM V.A.,  PUBLIC HEARING, RE:  RESOLUTION PETITION TO VACATE PUBLIC UTILITY AND DRAINAGE EASEMENT, FIRST REPLAT IN PORT ST. JOHN, UNIT 7 - ERWIN KREMPEL

Chairman Fisher called for the public hearing to consider resolution for petition to vacate public utility and drainage easement in First Replat in Port St. John, Unit 7 as petitioned by Erwin Drempel.

 

John Denninghoff, Public Works Director, stated this is a vacating request; there is an objection received from a neighbor, who is located to the rear of the subject property, and might be present today; the Hovas's concern have to do with the size of the shed that is located on the subject property; a potential violation may have occurred with the construction of the shed; and a pending variance may be required in order for the petitioners to complete the whole process.

 

Chairman Fisher advised he thinks the Board agrees with vacating the easement; and there will still need to be a Board of Adjustment Appeal done to take care of the shed size; and the neighbor can appeal through the Board of Adjustment.  He inquired if staff has any problem vacating the easement.  Mel Scott, Assistant County Manager, responded there is no objection to vacate the easement if the Board were to defer judgment on the placement of the shed, as it relates to set-backs; there is no problem with the vacating of the easement; the application will have to be made in order for the title to clear; and the varience aspects of the shed being too close to the property line would be addressed.

 

There being no further comments or objections, the Board adopted Resolution No. 11-049, to vacate public utility and drainage easement in First Replat in Port St. John, Unit 78. 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM V.B.,  PUBLIC HEARING, RE:  PETITION TO VACATE PUBLIC DRAINAGE EASEMENT, HIDDEN HOLLOW SUBDIVISION - ELLIS H. LATIMER III

Chairman Fisher called for the public hearing to consider resolution for petition to vacate public easement in Hidden Hollow Subdivision as petitioned by Ellis H. Latimer III.

 

John Denninghoff, Public Works Director, stated this is a vacating request; and there have been no objections received.

 

 

There being no comments or objections, the Board adopted Resolution No. 11-050, to vacate drainage easement in Hidden Hollow Subdivision.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM V.C.,  PUBLIC HEARING, RE:  ORDINANCE ADOPTION OF REMEDIAL AMENDMENTS TO EAR BASED AMENDMENTS 2009-2

Chairman Fisher called for the public hearing to consider an ordinance for adoption of remedial amendment to EAR Based Amendments 2009-2.

 

Mel Scott, Assistant County Manager, stated this is the public hearing to adopt the remedial amendments to the EAR Based Amendments 2009-2; and it has been accepted and signed by Department of Community Affairs (DCA).

 

There being no comments or objections, the Board adopted Ordinance No. 11-09, amending Code of Ordinances, Article III, Chapter 62, remedial amendments to EAR Based Amendments 2009-2.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM V.E.,  PUBLIC HEARING, RE:  ORDINANCE AMENDING ARTICLE III, DIVISION II, SECTION 2-73 COMPOSITION, RESPONSIBILITIES OF OFFICES, DEPARTMENTS, AND GROUPS

Chairman Fisher called for the public hearing to consider ordinance amending Code of Ordinances, Article III, Division II, Section 2-73, Responsibilities of Office, Departments, and Groups.

 

Howard Tipton, County Manager, stated the County organizational chart is adjusted to reflect changes in duties and responsibilities; there is an updated version of changes attached to Agenda Report; and he is asking for Board approval.

 

Commissioner Infantini stated she is not comfortable with the Budget Office taking over more responsibility; she thinks the Budget Office has a hard enough job trying to balance the budget with the existing millage rates; and she thinks giving them more oversight is not a wise choice.

 

There being no further comments or objections, the Board adopted Ordinance No. 11-10, amending Code of Ordinances, Article III, Division II, Section 2-73, Responsibilities of Offices, Departments, and Groups.

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

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

NAYS:                Trudie Infantini

.

 

 

ITEM VI. A.,  APPROVAL, RE:  EXTENSION OF CONTRACT WITH PLATT FAMILY FOR ST. JOHN’S HERITAGE PARKWAY

Scott Knox, County Attorney, stated this is an extension to the Contract with Platt family; he has distributed to the Board the most recent iteration of the amendment; the amendment provides for the ability of the County to have some flexibility of where the road alignment is; and it still is going through the approval process with Florida Department of Transportation (FDOT) to certify for federal funding; some adjustments have been made because the Phase II environmental study on the property is being done; a pond may have to be moved, which has been taken into account and allowed the County to adjust for the location of the pond, should it be necessary; and if the pond moves to the north the Platt's wanted some flexibility by being able to move the intersection up 500 feet north of the pond.  He advised the Contract has been signed by 14 of the 15 Platt family members; and he believes Mr. Smith is present to represent the 15th family member who is out of town at the moment.

 

Commissioner Nelson advised he will be voting in opposition; and he would be happy to discuss it if needed.

 

The Board approved the third amendment to the Contract with the Platt family for St. John's Heritage Parkway; and authorized the County Manager to execute a post closing agreement incorporating all the provisions that are intended to survive closing per the existing Contract.

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Robin Fisher, Trudie Infantini, Mary Bolin, Andy Anderson

NAYS:                Chuck Nelson

.

 

 

ITEM V.D.,  PUBLIC HEARING, RE:  ORDINANCE FOR ADOPTION OF REMEDIAL AMENDMENTS TO PLATT RANCH MIXED USE AMENDMENT 2010-1

Chairman Fisher called for the public hearing to consider ordinance amending Code of Ordinances, Article III, Chapter 62, Remedial Amendment to Platt Ranch Mixed Use Amendment 2010-1.

 

Chairman Fisher advised there is a speaker card for questions only by Marty Smith.

 

There being no further comments or objections, the Board adopted Ordinance No. 11-11, amending Code of Ordinances, Article III, Chapter 62, remedial amendments to Platt Ranch Mixed Use Amendment 2010-1.

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Robin Fisher, Trudie Infantini, Mary Bolin, Andy Anderson

NAYS:                Chuck Nelson

.

 

 

ITEM VII.B.1.,  APPROVAL, RE:  OPTION AGREEMENT FOR SALE AND PURCHASE OF FLORIDA POWER & LIGHT (FPL) COMPANY PROPERTY THROUGH THE NATURE CONSERVANCY

Mike Knight, Environmentally Endangered Lands (EEL) Program Manager, stated this is the recommended purchase of the Florida Power & Light (FPL) property; the negotiated purchase price of this property is $300,000; the average of two appraisals on this property is $458,000; and the purchase price is $158,000 below the average of the two appraisals.  He advised the United States Air Force (USAF) is a partner in the acquisition and will provide matching funds of $150,000 for a conservation easement over the property to help off-set the impacts on the USAF for future projects; and the final cost to Brevard County through the EEL Program would be $150,000, which represents about 32.8 percent of the appraised value.  He mentioned these properties represent the last opportunity to protect and strengthen the population of Scrub Jay's in Central Brevard; and are the last two Scrub pieces that are in that area to add to the Cruickshank Sanctuary for in the Scrub conservation easement that exists there currently.

 

Mary Sphar advised she has been aware of the FPL property and its importance, as well as the Viera property, since the late 1990's; she remembers speaking on the Viera property in 2001; these properties are part of a real, necessary, and important configuration of the Scrub Jay population in Central Brevard County; and she thinks this purchase is important and Brevard County should take advantage of the partnership with the USAF.  She stated the USAF has its job to do and has mitigation requirements that it has to satisfy; the County should be in a cooperative position with the USAF so its mission can be fulfilled; there will be matching funds on a known property from past years, which is extremely important; and she is urging the Board to take advantage of this cooperative endeavor with the USAF.

 

Vince Lamb stated he has lived in Brevard County for 35 years; his life has been totally consumed with the demands of the high-tech industry; he has enjoyed living in a place with such natural beauty; his outdoor time was limited to fitness activities like cycling and running; he was pleased that his daughter was able to grow up and enjoy the beaches and the lagoon, but he rarely was able to spend much time with her; and now nearing retirement and working part-time he has more opportunities to discover what remains of natural Florida.  He stated the Cruickshank Sanctuary is surrounded by residential and commercial development; the property is located on the Atlantic Coastal Ridge of the Ancient Beach where the waves once reached the mainland; this sanctuary is well-known as one of the best places to observe the threatened Florida Scrub Jay; and he expressed his thanks to the Land Management with the EEL Program for the growing population of the Scrub Jays going from just a few to probably 30 today, along with other rare plants and animals that inhabit the site.  He stated the sanctuary receives resident and tourist visitors; and organizations such as Florida Native Plant Society, Audubon's, Viera Club, and many school groups take field trips to the Cruickshank Sanctuary, plus there are hiking trails are available to encourage exercise while observing nature.  He stated the Board has the opportunity today to add two parcels to the Cruickshank Sanctuary; the FPL property is a small, but important parcel that borders a subdivision to the east; the Viera property serves as a connector to the litigation property to the south; he has attended the Selection and Management Committee (SMC) meetings as a public visitor when the properties were discussed at a field trip with SMC, in 2009; and after following the established procedures the SMC voted to recommend the purchase of both of these properties to the Board of County Commissioners.  He stated the SMC Members are keenly aware of the small amount of money available for land purchases in the program; these parcels are very important; both properties are available for matching funds and Brevard County only has to provide half of the funds.  He mentioned he recently attended a festival at the Merritt Island Wildlife Refuge and found the USAF showcasing its role in preserving the environment in Brevard County; the USAF representatives recently helped out with the removal of exotic plants from the Coastal Jewel Property; and he expressed his thanks to the USAF for its enthusiasm for this property and it is very exciting to him.  He stated Helen and Allan Cruickshank discovered the natural wonders of Brevard County before many people in the room today were born; Allan Cruickshank participated in an Audubon Christmas Bird Count in New York, in 1922; later he brought the Program to Brevard County; and Helen and Allan Cruickshank made many contributions to raise the public’s awareness of Brevard County, as a special place with natural beauty and scientific importance.  He stated the Board has the opportunity today to add two important parcels to the Cruickshank Sanctuary to honor Helen and Allan Cruickshank; and he encourages the Board to purchase both purchases.

 

Doug Sphar stated the two acquisitions being considered today will complete the Cruickshank Sanctuary complex; the two tracts form a critical length between Cruickshank Sanctuary and the U.S. Scrub Conservation Area to the south; smaller habitats should have natural corridors to help maintain diversity in many species and habitats, which is especially true with Scrub Jays, as these species have limited capabilities to migrate out of its habitat; and Brevard County's EEL Program follows a mandate of the State's Environmentally Endangered Land Program, which was established by the Conservation Land Act (CLA) in 1972.  He stated the CLA states acquisitions serve the public interest by ensuring the survival of unique and irreplaceable plant and animal species; this is mirrored in the EEL Land Acquisition Manual, which states the primary objection for the EEL Program of an acquisition of EEL for preservation, conservation, and responsible long-term management; these lands are environmentally unique and are irreplaceable; Cruickshank and the Viera Scrub are especially the last Sebastian's of the threatened Scrub Jay in central-mainland Brevard; and are increasingly being encroached on by development.  He stated if these purchases are not acted upon, the critical corridor of these two tracts could be severed, which is posing a threat to the viability of the Scrub Jay population in the central-mainland areas; the acquisition before the Board today is offered at a considerably less-than-appraised value and the citizens will garner the benefit of a 50 percent match; he is concerned about the USAF's matching component because it wants to maintain a quick response posture, in the event of an urgent national threat that requires clearing Scrub habitat at the Cape; there could be classified technologies that are not known and are porous to come to the Cape with a very short notice if a threat emerges; the USAF must be able to react to these and are planning in advance if the Scrubs have to be cleared; and he would like the Board to approve this today.

 

Suzanne Valencia stated the previous speakers have stated what she wanted to say; she thinks the recent Space Coast Birding & Wildlife Festival took advantage of the property at Cruickshank by leading many tours for people from all over the world; and the festival is a big benefit to Brevard County.  She stated the importance of connectivity cannot be over emphasized because the Scrub Jays are not travelers, they will not go over large stretches of land, and will not go where it cannot see its predators; and it is really important that the Scrub Jays be able to travel and need large territories to be able to travel with their families.  She stated this involves national security because when the USAF needs to clear land for the Scrub Jays, it needs to cleared; the USAF wants to partner with Brevard County so when the time comes to clear land for whatever mission it has, it is able to do it with clear conscious knowing it is helping to preserve the Central Florida Scrub Jays; and she is in favor of the two purchases and partnering with the USAF.

 

Deborah Longman-Marien stated she is a bird watcher who attended the Space Coast Birding & Wildlife Festival in Titusville, and she understands birding is the number one hobby in the United States; she does know that bird watchers spend a lot of money on equipment; and when bird watchers travel he or she spends a lot of money in the areas they visit.  She stated Scrub Jays are rare and are only found in Florida; she is not a Florida native, but when her husband got a job in Brevard County, he brought her to the area of Merritt Island to show her the natural places, and she wanted to move to Brevard County because of all the birds; she stated she appreciates Brevard County having so much wildlife; she has traveled to other parts of Florida, but a lot of Florida is really built-up and there is not a lot of nature in those areas she visited; she camps at National Parks because it is cheap entertainment, fun, and she is able to be outdoors; and when her friends and family members visit, she takes them to the natural areas.  She mentioned the Scrub Jays will fly right up to a person and just look at them and follow the person around because they are very curious birds; she took the Florida Naturalist Class and learned that the Scrub Jays need a lot of territory because if there is not enough territory the Scrub Jays will interbreed, which causes weakness in them; and she would like to see the Cruickshank Sanctuary expanded so there will be more Scrub Jay's there and her community will have more nature in it.

 

Dennis Porter stated he recently retired and is now getting involved in things that are important to him; he stated he voted for the land acquisition; it is a quality of life issue for him; he recently had company visit him who wanted to get out into the area of Brevard County to go hiking and kayaking; and he thinks it is a very good buy if the USAF is going to be a part of the deal.

 

Linda Behret stated when she and her husband moved to Brevard County seven years ago, they did not realize this area is a treasure for natural life; there are so many beautiful areas, which they enjoy seeing together; she stated her husband is a photographer and he has many friends who are photographers from all around the country and other countries; these folks like to photograph as many different species as possible; and it is always known that when Scrub Jays are wanted to be photographed it is Cruickshank Sanctuary that is visited.  She stated she and her husband like the idea for the sanctuary coming closer to them by expanding because the Scrub Jays need the extra area; and when a group of photographers visit they need room to spread out; this would be an excellent purchase to help many; these folks who visit spend money in Brevard County, by going to restaurants and hotels; and if the County can pay for half of the price it will be a future investment for all of Brevard County tourism.  She advised the birders who visit would rather see a bird flip in the air than visit Disney World; stated as a homeowner, if it increases the assessment slightly she is perfectly willing to pay it; she was going to bring money up to the podium, but someone suggested it may look like she is trying to bribe the Board, so she figured she would just wait for the bill to come; but there are many who feel the same as she and she hopes the Board will move forward with this purchase.

 

Maureen Rupe stated she does not want to try the Board's patience by telling it about ecotourism; this is a good business deal; stated she is sure the Board reads the minutes from the SMC; stated historically, people of Brevard County have supported environmental issues, Parks and Recreation, and referendums; this is a voter mandated program and it goes through the SMC, which was set up for selection of management of these lands, and when it is approved by the Nature Conservancy, staff, and SMC, the voter mandate of the people should be respected; and she hopes the Board does respect the people and approve it today.

 

Jim Durocher stated he is representing over 1,200 members of the Audubon Society, who are very fond of the EEL's properties, and are used extensively; the Cruickshank property itself is a gem; it is an island in the middle of a sea of development and there are some crucial things there; it is a small property that can only contain so many Scrub Jays; there needs to be connectivity with the southern properties; and the genetic diversity exists in different areas of the state, which are viable to the population and needs more room to spread out to be able to get to the other areas.  He stated he received an email telling him the Space Coast Birding & Wildlife Festival had over $1 million spent in economic benefit for Brevard County; it was not just in Titusville; it was all over Brevard County; and these properties are critical to having that economic benefit; these kinds of properties are needed to make ecotourism happen; and in this case it is below market value, 50 percent of the money is coming from the USAF, and it is a great deal for Brevard County.

 

Commissioner Anderson advised he would like Don George, United States Air Force (USAF) Representative to comment on the operational costs of maintaining these properties.

 

Mr. George stated the last time he was before the Board it was mentioned that there is some concern for the USAF purchasing land and walking away from it; and back to the Program Managers at the Department of Defense and the USAF and expressed the Board's concern of maintaining natural resources on its conservation easement; and it was suggested that he submit four projects as to what is needed, which is the typical USAF forum.  He advised it was recommended that he put in a unfunded budget request for the $30,000 year-end funds until this gets into the program and becomes every year funding; he will be required to make a memorandum of agreement with the County to transfer those funds, since the existing agreement does not include that; he will use one that Brevard County has with the State, he will remove FWCC and insert USAF, and hopefully the lawyers will have no problem with such.  He mentioned there was work done recently at Coastal Jewel, which is a newly formed cooperative Invasive Species Management Area for Central Florida; there were six different representatives from six different agencies; three different invasive species were removed at no cost to the County; and the USAF is trying to do its part, but the $30,000 is not in his budget yet because it takes a while to be received.

 

Chairman Fisher inquired if the USAF will be able to create more jobs.  Mr. George responded yes; he received an email this morning telling him of a new program and the recommended construction site is in one of the three major Scrub Jay population areas; and he thinks there will be a lot of fun working with the Fish and Wildlife Commission (FWC) on a particular site, but there are only so many places on the Cape that can be built on due to quantity distance circles around the habited areas of 15,000-acres of the Cape.  He advised there will be an expansion of the skid-strip airfield, which is directly related to bringing in new projects, and that has to be done and brought to compliance standards by taking out a couple thousand acres of potential habitat.

 

Commissioner Nelson stated this is not being done on behalf of the USAF because the USAF are nice people; USAF is, in effect, getting clearance out of the way; as it identifies these new missions, it can move forward in a more timely fashion; the downside is if the USAF does not deal with Brevard County it will deal with someone else because it has to meet the federal requirement; and by partnering with Brevard County it is, in effect, creating an expedited process.  Mr. George responded yes, and there is only so much; right now, the USAF is required to mitigate on a 4:1 ratio meaning one-acre will be lost to have four-acres put into conservation; there are about 2,000-acres of conservation right now on the Cape and 8,000-acres of land are left to develop; and at 4:1 it ends up being 1,250-acres to develop, which is certainly not enough for carrying it into the future.  He stated recovery of the Scrub Jay under the Federal Recovery Plan for Scrub at the Cape Canaveral Air Force Station is specifically listed in the Recovery Plan, as a site to recover.  Commissioner Nelson stated while the USAF has a lot of great weapons, it still has to follow the same regulations for development that others follow.  Mr. George advised the USAF requirements are much more stringent than the normal public, as a federal agency.

 

Commissioner Infantini expressed her thanks to Mr. George for taking this matter back to the drawing board and not going back to the prior offer of $400,000; she stated when she presented it to County Manager, Howard Tipton, when it was being presented the last time Mr. George was before the Board, she pointed out the Property Appraiser's value was at roughly $300,000; she expressed her thanks to Mr. George for allowing it to be taken back; and she does know it is half the County's money and half of the USAF's money, but it saves the taxpayers a chunk of money.

 

Chairman Fisher stated he told staff yesterday that he has been having a hard time with this; he was not sure if he was going to support it; and he stated his wife, all the citizens today, job relations, and the joint efforts made have helped him to change his mind to support this today.     

 

Commissioner Anderson advised he gets real nervous about taking property off the tax roll in a recession, but since the USAF has matched it and is committed to help with the operational costs, he is okay with this; it does not mean that he is sold on every EEL's things that come before the Board from now on; and the jobs are viable and can expand the national defense capabilities.

 

 

The Board approved and executed the Assignment of Option for Sale and Purchase of the Florida Power & Light (FPL) property; authorized staff to exercise the Option for Sale and Purchase on or before July 20, 2011; and authorized the Chairman to execute a Deed of Easement to FPL for the transmission line on the east side of the property, at closing.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Trudie Infantini, Commissioner District 3

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

ITEM VII.B.2., RESOLUTION AND AGREEMENT WITH UNITED STATES AIR FORCE (USAF), RE:  PARTNERSHIP FUNDING WITH CONVEYANCE OF DEED OF EASEMENT ON A PORTION OF FLORIDA POWER & LIGHT (FPL) COMPANY PROPERTY

The Board adopted Resolution No. 11-051 and executed Agreement for Deed of Easement on the Florida Power & Light (FPL) Company property with the United States Air Force (USAF); and authorized the Chairman to sign the Deed of Easement to convey to the USAF on or after closing of the FPL property.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

.

 

ITEM VII.B.3., APPROVAL, RE:  OPTION AGREEMENT FOR SALE AND PURCHASE OF VIERA DRI TRACT A PROPERTY THROUGH THE NATURE CONSERVANCY

 

Vincent Anella, Chairman of the Viera East District Board of Supervisors, stated Viera East consists of over 23 communities along Murrell Road; he is not pro or con; he just wants to let the Commissioners know that there is an impact to the assessment to over 4,000 residents in Viera East; it is $5.22 per resident; and the assessment is part of the decision that the Board of Supervisors would have to pass on to the residents in the area.

 

Chairman Fisher inquired if it will be an increase of $5.22 if this property comes off the roll.  Mr. Anella responded yes; at the current time he believes The Viera Company owns the property, it pays the assessment, when it gets turned over to the United States Air Force (USAF) there is a loss of assessment, and the rest of the residents will have to make it up; and he wanted the Board to know that.

 

Commissioner Anderson inquired what the total number of dollars is.  Bob Johnson, Viera East General Manager, responded $30,881.18; and it affects 6,000 properties.

 

Mr. Anella stated there are 300 Scrub Jay's within the area of the District that he maintains; and he just needs the Board to know all the facts when it makes its decision.

 

Commissioner Bolin stated she is not in favor of the purchase of this property; she has been very supportive of the EEL's Program through her tenure on the Commission, but this is a unique situation; Mr. Anella and Mr. Johnson have expressed what is going to happen if this particular piece of property is taken off the roll; there is going to be a raise in the assessment of actual property owners in the area; stated she feels as it is a double-taxation for those residents; there is enough property on the EEL's list of selections to be purchased, that this piece could be skipped-over, and another piece looked at for the USAF to unite and partner with the County; and she will not approve of this because this is not what the EEL program is for.

 

Commissioner Nelson expressed his appreciation to Commissioner Bolin's position on this matter; it is unusual that Viera East gets the privilege of continuing to pay into that even though it is not taking any services provided by it; another part of the community is, in effect, contributing to something that it really does not get; the reason this is an important site, environmentally, is it creates the connectivity between the sites, and the birds do move back and forth between all the different sites; if someone were to come in and develop it, they would be staring at the same kind of mitigation issues; and he appreciates Viera East coming before the Board and its participation preserving the community; but he thinks this property rises to a level that is important countywide, and any city or, the County, can make the same claim when land is bought.  He stated he understands and appreciates Commissioner Bolin's position, but he thinks this is an important initiative for the community, particularly supporting the USAF.

 

Chairman Fisher inquired since the USAF is handling the operational cost, is any way to help off-set that to the residents of Viera with some of those costs.  Commissioner Anderson replied the USAF's $30,000 a year is already used up; and he does not know where it would come up with another $30,000 a year.

Chairman Fisher inquired if Mr. Knight has any suggestions to help the residents with Commissioner Bolin's concern.  Mr. Knight responded he does not; he knows the inquiry was made to the USAF; he does not know the outcome at this time; but he thinks the USAF would not be able to fund the annual assessment.

 

Commissioner Infantini stated she will not be supporting the acquisition; the Property Appraiser has this property listed at $283,000 for 33 acres; the County is going to pay $285,000 to place an easement on 10 acres; she wishes the appraisers perhaps would go work for the Property Appraiser, and boost-up every ones property value; but they do not and she will not be supporting it.

 

Chairman Fisher advised it would mean more taxes; and Commissioner Infantini should use caution when saying that.

 

Commissioner Nelson inquired if the appraisals are actually done with federal standards, which are higher than the County's standards.  Mr. Knight responded that is correct; not only are the Uniform Standards of Professional Appraisal Practice (USPAP) standards used, but federal yellow-book standards have to be used because USAF federal dollars are involved in these purchases.

 

Deborah Longman-Marien stated as a resident, she is happy to pay the extra assessment for an expanded facility in her area.

 

Chairman Fisher inquired if the assessment is $5 a month or $5 a year.  Mr. Annella responded $5.22 a year.  Chairman Fisher inquired Mr. Annella is not opposed to the $5.22 a year, but just wants the Board to be aware of it.  Mr. Annella responded that is correct.

 

Linda Behret stated she is more than willing to pay the extra $5.22 a year to have this additional land to bring the Scrub Jay's closer to her area of Viera; this land will help connect the actual Cruickshank Sanctuary to the Viera Mitigation Land, which is also to be set up as a Scrub Jay sanctuary; and to the Capron Ridge Sanctuary across Viera Boulevard.  She stated the acquisition will help expand in a line, and give the Scrub Jays and visitors more territory to use it; and she believe $5.22 is a small amount to pay for that privilege.

 

Commissioner Bolin inquired of Mr. Johnson what the general opinion is of the homeowners.  Mr. Johnson responded there was opposition on the part of some of the residents in Herons Landing; but they opposed the burning of the 300-acre tract behind their homes even before this discussion came up; and outside of Herons Landing there were no additional comments.

 

Chairman Fisher inquired how much of the piece is actually not wet, but high and dry, and developable.  Mr. Johnson responded there are six to 10 acres that are developable.

 

Mr. Knight stated all he knows is two acres are going to be set aside as a part of a Junior League project; he does believe there are some additional uplands in addition to that; and he would guess four to six acres are developable.  Chairman Fisher inquired what the Junior League project is.  Mr. Knight responded the Junior League was considering a group home for some disabled folks; he does not know the details, but he thinks it is called the Signet House; and there were some discussions with The Viera Company about the possibility of donating that tract to the Junior League for the Project, but it is his understanding that it was not able to be done because the assessment would have to be paid on it, which is not able to be paid.

 

Mr. Johnson stated the Junior League came to Viera East and inquired if the assessment could be waived; and Viera East had to tell the Junior League that it could not.

 

Chairman Fisher inquired if the Junior League was able to get another piece of property.  Mr. Johnson responded Viera East had no additional involvement in that decision; he thinks it is important to understand there are 25 acres across Viera Boulevard, 300 acres on Viera East's tract, this six acres, and the Cruickshank Sanctuary, so it is all one piece; and if the six acres is required to make connectivity, he does not know that, but it is a question he has.  Mr. Knight responded there is the Capron Ridge Sanctuary, which is about 23 acres on the south side of Viera Boulevard; Capron Ridge and Cruickshank Sanctuary are both completely dependent upon the population of Scrub Jay's within the Viera Scrub Conservation Easement, which is where the majority of those birds exist; he explained when the Cruickshank Sanctuary was restored, and trees were reduced to restore it back to scrub, the Scrub Jay population went from zero to 30 individuals and six families in a four year period that have moved up from the Scrub Conservation Area Easement to the south.

 

Chairman Fisher inquired if somebody wanted to come and develop that site and bought it from The Viera Company, what happens to those assessments.  Mr. Johnson responded it is a commercial tract for Viera East; and it would be assessed as a commercial entity.  Chairman Fisher inquired if the buyer would be paying it.  Mr. Johnson responded yes.

 

Commissioner Nelson inquired what are the responsibilities of the Community Development District (CDD); and what does the $5 go towards.  Mr. Johnson responded the $5 would be $1.25 going towards operations and maintenance of the CDD; $3.35 going towards the bond debt service; and $.62 going towards recreation funds that maintain the parks of the CDD and part of the golf course.  Commissioner Nelson stated the debt services are on all the infrastructures, which include the golf course and parks.  Mr. Johnson responded that is correct.

 

Commissioner Nelson stated he thinks this is an important acquisition; he stated he keeps going back to the original premise that it assists the USAF in meeting its mission; in failing this, the USAF is going to have to look somewhere else because the space and approval is needed; and he thinks from an environmental perspective it would be extremely beneficial, but when realizing the job creation and the assistance that it provides the USAF, he thinks it is extremely worthwhile.

 

Motion by Commissioner Nelson, to approve the Assignmnent of Option for Sale and Purchase of the Viera DRI Tract A property; authorize the Chairman to execute the Assignment of Option for Sale and Purchase; and authorize staff to exercise the Option for Sale and Purchase on or before June 1, 2011.  Motion failed due to the lack of a second.

 

Commissioner Anderson stated in an EEL's acquisition there should not be any other burden set aside on any residents; and he will not be supporting it.

 

Commissioner Nelson noted Viera East has a great golf course, but that is really what is being funded; and if it were other things then maybe he would feel less strongly about it, but this Board has stated that golf is a privilege not a requirement.

 

Commissioner Bolin advised she is not going to let this go to a recreation of golf; the citizens of that CDD are paying like every other citizen in Brevard County for the EEL Program on their taxes; and because of this purchase, by the Board, it will be an extra burden even though it is $5.22 a year.

 

The Board took no action on the Option Agreement for Sale and Purchase of Viera DRI Tract A property through The Nature Conservancy.

.

 

ITEM VII.B.4., RESOLUTION AND AGREEMENT WITH UNITED STATES AIR FORCE (USAF), RE:  PARTNERSHIP FUNDING WITH CONVEYANCE OF DEED OF EASEMENT ON A PORTION OF THE VIERA DRI TRACT A PROPERTY

 

The Board took no action on the partnership funding with Conveyance of Deed of Easement on a portion of The Viera DRI Tract A property.

.

 

ITEM VII.B.5., APPROVAL, RE:  PIGGY-BACKING ON INDIAN RIVER COUNTY ACQUISITION CONTRACT WITH THE CONSERVATION FUND FOR LAND ACQUISITION SERVICES FOR THE EEL PROGRAM’S LAND ACQUISITION MANUAL

 

Mike Knight, Environmentally Endangered Lands Program Manager, stated on November 17, 2010, The Nature Conservancy (TNC), who was the acquisition contractor for the EEL Program, provided a 90-day notice of intent to terminate its acquisition Contract for convenience; and the official date of termination was February 15, 2011.  He stated TNC was put in place in May 2005; at that time, the Board directed the EEL Program to also utilize the services of The Conservation Fund (TCF), which is a similar non-profit organization, when additional acquisition services are needed; and TCF was utilized on one occasion when the Thousand Island purchases were done.  He advised TCF is willing to provide land acquisition services to the EEL Program through piggy-backing off of its existing competitively bid Contract with Indian River County; and the County would only be required to compensate TCF if a proposed acquisition, which is approved by the Board and then finally closes.  He stated the Board would be paying TFC one percent of the purchase price of the acquisition; staff has given consideration to handling negotiations in-house; however, current staffing resources and specific expertise is not adequate to address it; since the EEL Program is nearing the end of its current bond funding, a number of properties are currently under appraisal, and were in negotiations at the time TNC terminated its contract; and the most cost effective way to complete the work would be to utilize TCF's existing contract with Indian River County.

 

Chairman Fisher noted when looking at the numbers there is about $6 million left in the EEL Fund; and it is about a $60,000 expense if the purchases are made, which is probably cheaper than a staff person when all the benefits are in place.

 

Commissioner Infantini stated she is not in support of this; she thinks TNC has not lived up to its Contract; a valuable employee was lost in a whistleblower lawsuit when he brought up claims and charges against the inappropriate actions of TNC, which has finally been settled out of court; she does not recommend the Board go out of state again, to hire another organization; she thinks there are local contractors who would be willing to help the County negotiate prices; stated she does not have a great deal of confidence in going that far away to get a contractor; and she would like to see this go out to bid and get a local contractor to this negotiating, if that is necessary.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to direct staff to receive bids from local contractors to negotiate Land Acquisition purchase prices for EEL Program.  Commissioners Nelson and Bolin, voted nay.

ITEM VII.B.5., APPROVAL, RE:  PIGGY-BACKING ON INDIAN RIVER COUNTY ACQUISITION CONTRACT WITH THE CONSERVATION FUND FOR LAND ACQUISITION SERVICES FOR THE EEL PROGRAM’S LAND ACQUISITION MANUAL (CONTINUED)

Chairman Fisher stated this item is open for discussion.

 

Commissioner Nelson stated he had the opportunity to work with Matt Sexton with TCF, who did a great job on the Thousand Islands; TCF was actually selected by Brevard County, as one of the two agencies to work with; the County has, in effect, been through the process of meeting the criteria; and he will not be supporting the motion because he thinks it could do a good job and not waste staff time to go to bid when there is someone who can do the work.

 

Chairman Fisher advised there would be some costs involved.

 

Commissioner Infantini pointed out the Thousand Island's was the only acquisition that Brevard County made that was in excess of appraised value; and if that was based on the negotiating skills, she does not want to move forward with this contract.

 

Commissioner Nelson stated the Thousand Island's was unusual; there were two values; one was a value of property that could not be developed; the other was a value that could be developed; it seems to him that certain members of this Board forget it did not consider that; it was basically a blend and a very complicated acquisition; to say terrible things about the TCF, a Commissioner should be ashamed because it is wrong; TCF did a great job under some very difficult circumstances; and he expressed his appreciation to Mr. Sexton.

 

The Board approved piggy-backing on the Indian River County acquisition contract with The Conservation Fund (TCF), for land acquisition services for the EEL Program; and authorized TCF to negotiate with land owners, in accordance with the EEL Program's Land Acquisition Manual.

 

RESULT:           ADOPTED [3 TO 2]

 

MOVER:            Chuck Nelson, Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                Robin Fisher, Chuck Nelson, Mary Bolin

NAYS:                Trudie Infantini, Andy Anderson

.

 

 

ITEM VII.B.6., RANKING AND APPOINTMENT OF VOLUNTEER APPLICANTS TO EEL PROGRAM SELECTION AND MANAGEMENT COMMITTEE

Commissioner Bolin stated the person she thinks is highly qualified to be a part of the EEL Program Section and Management Committee (SMC) is Laurielee Thompson.

 

Commissioner Anderson inquired if there are ranking sheets that are required to be filled out.  Chairman Fisher responded he does not think the Board is required.  Commissioner Anderson stated he would prefer the Board to use the ranking sheets so the scores are submitted into the record.

 

Commissioner Bolin stated she does not want to use the ranking sheets.

 

Commissioner Nelson stated he thinks the ranking sheets are not necessary.

 

Chairman Fisher stated he likes Ms. Thompson; she is a business owner, she is exactly who he was hoping would be on the SMC; and it seems there is no support for having ranking sheets.

 

The Board approved appointing Laurielee Thompson to the EEL Program Selection and Management Committee.

 

 

Commissioner Anderson stated he thinks the Board should have submitted its scores so the public can see how it voted.  Commissioner Nelson stated his only concern is there were three very good folks to choose from; and he does not think there is a great deal of difference between the three nominees.  Commissioner Anderson stated he understands that; but he just likes having everything transparent.

 

Chairman Fisher advised it will be known how Commissioner Anderson voted; and he thinks all the candidates are all good, as well.

 

Commissioner Bolin stated after this item, she would like to have discussion on rescheduling the April 5, 2011 Zoning meeting.

 

 

The Board recessed at 11:18 a.m. and reconvened at 11:28 a.m.   

 

RESULT:           ADOPTED [4 TO 1]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

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

NAYS:                Andy Anderson

.

 

 

.

 

ITEM VII.E.1., CITIZEN REQUEST, RE:  ANNE-MARIE LINGLE - REQUESTING APPROVAL FOR LEASHED DOGS TO BE WALKED ON PATHS OF SEA PARK BOULEVARD ACROSS FROM SEA PARK SCHOOL

 

Jack Masson, Parks & Recreation Director, stated this is a citizen request to be able to walk leashed dogs in the South Patrick Community Park; however, the Agenda before the Board is to allow dogs in any park; and he thinks that is the issue that needs to be discussed.

 

Anne-Marie Lingle stated she did not know allowing dogs in any park was on the Agenda; and she is only asking permission to walk leashed dogs at the South Patrick Community Park.  She stated across the street from Sea Park School is South Patrick Community Park, which does not allow dogs; there are paths that would allow for walking a dog with a leash, and the owners can pick up after the dogs; everyone pays taxes for the school and the park; and she would like to be able to use the park to be able to walk her dog.

 

Chairman Fisher inquired if dogs are allowed in some of the parks.  Mr. Masson responded selected parks allow dogs; the Parks and Recreation Director has the authority to establish designated areas for certain activities or to prohibit certain activities; it is an opportunity for staff to review the request at this specific park.  He mentioned in the Animal Services Ordinance on Public Parks and Beaches, it states, "No animal shall be permitted or allowed on any public beach without a resolution by the Board", so there seems to be a slight discrepancy but that is between the two Codes, but there are specific parks that do allow dogs on a leash to be utilized; not to be confused with service animals, which are allowed in any of Brevard County Parks.

 

Chairman Fisher inquired if it is a beach front type of park.  Mr. Masson responded no, this is a park on the barrier island located west of Highway A1A.

 

Commissioner Bolin inquired in the past, when a park was themed to have this changed specifically, what was the method of decision; and inquired if a neighborhood survey is taken, or a town neighborhood meeting held to determine if that is what the community wants to do.  Mr. Masson responded there is obvious concurrence with homeowner groups in the community prior to establishment by the Parks and Recreation Department; and he is not aware if Ms. Lingle has talked to the homeowners group in that area.

 

Ms. Lingle stated she has talked to many homeowners; and there is not a homeowners association; but many people are in support of it.

 

Commissioner Bolin stated she would like to have permission to work with Parks and Recreation Department, the community, and Ms. Lingle to see if this is viable area or not.

 

Chairman Fisher advised Ms. Lingle the Boardwill take no action at this time, to allow Commissioner Bolin time to work things out; and it may come back to the Board at a different point in time.

 

Ms. Lingle stated it would be wonderful to work with Commissioner Bolin; and expressed her thanks to the Board.

 

The Board acknowledged Anne-Marie Lingle's request to allow leashed dogs to be walked on paths of Sea Park Boulevard across from Sea Park School, but took no action.

.

 

ITEM II.B., REPORT, RE:  RESCHEDULING OF THE APRIL 7, 2011, ZONING MEETING (CONTINUED)

 

Howard Tipton, County Manager, stated there are two items to resolve; one the request from Commissioner Bolin regarding moving the April 7, 2011, Zoning meeting to May 5, 2011, which has only one item on the Agenda; and two, a federal grant the Board approved on February 22, 2011, needs to be revisited based on some new information received in reference to the Substantial Amendment to the Consolidated Action Plan Neighborhood Stabilization Program.  He stated it is the Board's pleasure as to what item it would like to address first.

 

Chairman Fisher stated he would like for the Board to discuss the Zoning meeting cancellation. 

ITEM II.B., CANCELLATION OF APRIL 7, 2011 ZONING MEETING

Commissioner Anderson inquired whose District is the April 7th Zoning item in.

 

Commissioner Bolin responded it is in her District.  She explained she has been proactive, as far as going with the Board approval to attend the Colorado Springs Seminar for Space; noted any advanced travel that she does is on her own dime; but she would have to opt out of attending the Zoning meeting, so she can fly on Thursday and attend acheduled meetings on Friday; the item scheduled for April 5, is going to be a high-discussion item for District 4; it is her understanding that it has been advertised; and it will have to be readvertised because of her proactivity in trying to work for the County on space.

 

Commissioner Anderson inquired what the cost of readvertisement is.  Mel Scott, Assistant County Manager, responded the legal add will have to be placed with Florida TODAY; it will cost several hundred dollars; and there would be courtesy notices sent out to ensure people do not make the trip to the wrong meeting.  Commissioner Anderson stated it is in Commissioner Bolin's District and he will support whatever her desire is.

 

Commissioner Nelson stated there were some items that got kicked back to the Planning and Zoning Board and MIRA; and he inquired if any of those land on the April 5th meeting timeline.  Mr. Scott responded those will miss the April 5 meeting; those will be in May or June, due to the fact that they had to go back to the Planning and Zoning Board.

 

Chairman Fisher inquired if the applicant is aware the change is coming and if it is time-sensitive for them.  Mr. Scott responded the applicant is not aware of this discussion at this time; items that are controversial in nature have to play themselves out because there is no guarantee that the Board, based on public testimony, would not table the item to another time certain, as well; and the applicants will be notified right after this meeting if it is the Board's desire to change the date.

 

Commissioner Bolin inquired if the history of that particular item has been tabled several times.  Mr. Scott responded that she is correct.

 

The Board approved cancelling the April 7, 2011, Zoning and moving those items to the May 5, 2011, Zoning meeting.

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

SUBSTANTIAL AMENDMENT TO THE CONSOLIDATED ACTION PLAN - NEIGHBORHOOD STABILIZATION PROGRAM

Howard Tipton, County Manger, stated he is going to have Ian Golden, Housing and Human Services Director, explain to the Board the change that has came in; the item was discussed on February 22, 2011, but there has been a change to some of the circumstances; and Mr. Golden will explain the changes.

 

Mr. Golden stated Mr. Tipton has a packet for the Board that includes the Agenda Item from the February 22, 2011 Board meeting, the Memorandum from the Clerk's Office regarding the Board's decision at that meeting, and maps for two options for different target areas for this application.  He advised at the February 22, 2011, meeting the Board approved the submittal of a substantial amendment to the Housing and Urban Development (HUD) for the NSP3 funding in the amount of $3,032,850; as part of that amendment, five areas of the County were targeted to receive funding and assistance through that application; the areas were targeted using HUD criteria and mapping program, which included a need score that had to exceed the State score of 17; and it had to have a minimum number of estimated homes to be purchased through this program that had to be met.  He stated the amendment was signed, submitted, and received by HUD's Jacksonville office on time; the Jacksonville office completed a review of the amendment; he received an email from them at about 11:00 a.m. this past Friday that stated HUD had some recommended corrections and have given him five calendar days to submit the corrections; and that time period ends tomorrow.  He advised staff has been working since last Friday to address those corrections that were recommended, most of them were minor items, such as adding a fax number and adding the County's web address; there is one item though that is a substantial change from what the Board saw on February 22, 2011; and it has to do with those target areas.  He stated the analyst he spoke with at HUD, based on the email, stated it is HUD's recommendation the County look at one or two targeted areas for these funds instead of the five that were submitted; and it is only the Jacksonville office's recommendation, but the County does take the chance that if it does not follow Jacksonville's recommendation, HUD's main office will reject the application for the funds.  He stated originally, his thoughts were to bring this back to the Board when HUD submitted him the contract or agreement that went along with the applications, but then he thought it would be better to give the Board the chance to get some input and approval on the front-end of this; and staff has been using the HUD mapping software to identify new target area, or areas, to meet this requirement.  He stated in the packet there are two potential scenarios one, is to target one area, which has been identified and is located in Rockledge; the boundaries to the west are Fiske Boulevard; to the east is Murrell Road; to south is Roy Wall Boulevard; and to the north is just south of Eyster Boulevard.  He advised the need score, which is a ranking from HUD of one to 20, for that Rockledge area it is an 18; and the minimum number of homes to be purchased is 20, which is what is estimated to be purchased with the funding.  He stated the second option for the Board is to look at two targeted areas in Cocoa and Port St. John; the Cocoa boundary is on west Walker Street, to the east is Pineda Street, to the south Dixon Boulevard, and to the north Tate Street, which is south of Brevard Community College; the need score for that area, out of 20, is 19.78, and the minimum impact estimated is 2 homes; the second area under that scenario is Port St. John with the west boundary being Grissom Parkway, east is Dallas Avenue, south is Sugartown Street, and north is Fay Boulevard; the need score for that area is 19 out of 20; and a minimum impact decimate is 13 homes.  He stated staff recommends going with the second option because the need scores are higher.

 

Commissioner Anderson stated based on the need score the second option is the best bet for the money.

 

Commissioner Fisher inquired if it is Cocoa.

 

Commissioner Bolin responded Cocoa and Port St. John; she stated she agrees with Commissioner Anderson, she thinks the County will get a bigger bang for its buck; and she inquired if HUD wants it to go from five to two.  Mr. Golden responded one or two; and Chairman Fisher will need to resign the application cover page SF424.

 

The Board approved the option two targeted areas in Cocoa and Port St. John for the Substantial Amendment to the County's Consolidated Action Plan - Neighborhood Stabilization Program; and authorized the Chairman to sign the new Standard Form (SF424).                

 

 

RESULT:           ADOPTED [UNANIMOUS]

 

MOVER:            Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                Fisher, Nelson, Infantini, Bolin, Anderson

.

 

 

.

 

Upon Board consensus, the meeting adjourned at 11:43 a.m.

 

 

 

ATTEST:                                                          ___________________________________

                                                                         ROBIN L. FISHER, CHAIRMAN

                                                                         BOARD OF COUNTY COMMISSIONERS

___________________________                   BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK