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

 

 

The invocation was given by Pastor Mark Berney, River of Life Assembly of God, Merritt Island, Florida.

 

Commissioner Trudie Infantini led the assembly in the Pledge of Allegiance.

 

 

 

The Board approved the August 4th and September 1, 2011, Zoning Meeting Minutes; August 9th and September 6, 2011, Regular Meeting Minutes; and the August 18, 2011, Workshop Meeting Minutes.

 

 

Commissioner Anderson read aloud, and the Board adopted, Resolution No. 11-223, commending Keith A. Alward for 35 years of service to Brevard County.

 

 

Keith Alward accepted the Resolution and expressed appreciation to the Board, his co-workers, and his family.

 

 

 

Chairman Fisher read aloud, and the Board adopted, Resolution No. 11-224, congratulating Lynda Weatherman and the EDC upon being awarded the "Eunice Sullivan Professional of the Year", and "Deal of the Year"; and additionally, recognized that during its 2011 annual conference, the International Economic Development Council honored the EDC's Space Transition Public Relations Strategy in the "Excellence in Economic Development: Regionalism & Cross Border Collaboration, Population Greater than 500,000" award category.

 

 

Bob Whelen accepted the Resolution and commented on the achievements of the EDC, including the most recent awards of "Eunice Sullivan Professional of the Year", and "Deal of the Year".

 

 

 

Commissioner Bolin read aloud, and the Board adopted, Resolution No. 11-225, proclaiming November as Pancreatic Cancer Awareness Month in Brevard County.

 

Karen Sharkey accepted the Resolution, shared statistics of pancreatic cancer with the Board, and commented on the Pancreatic Cancer Network, which strives to increase awareness. 

 

 

 

Chairman Fisher read aloud, and the Board adopted, Resolution No. 11-226, proclaiming October 4th - 10th, 2011 as National 4-H Week in Brevard County; and urged the community to take advantage of the opportunity to become more aware of the program, which gives youth the chance to learn together and on their own as a part of Brevard County 4-H, and to join in recognizing the unique partnership between Brevard County and it University System.

 

Members of the Brevard County 4-H Program accepted the Resolution and commented on the benefits of being involved in the Brevard County 4-H Program. 

 

 

 

Chairman Fisher read aloud, and the Board adopted, Resolution No. 11-227, proclaiming October 2011 as Brevard County Filipino American Month, celebrating the many Filipino American historical, cultural, and economic contributions made to the community.

 

 

Terry Heim and Regina Zimmerman, from Florida's Space Coast Filipino-American Charitable & Educational Foundation, Inc., accepted the Resolution and gave the Board a brief history of Filipino Americans. 

 

 

 

 

The Board acknowledged the invitation by the Guardian ad Litem Program to participate in a unique family-friendly run/walk to support the special needs of children represented by the 18th Judicial Circuit.

 

 

Kim Delgadio, Patricia Williams, and Bill Kennedy invited the Board and the entire community to participate in the unique family-friendly run/walk in February, which will benefit the Guardian ad Litem Program and the non-profit organization, Friends of Children of Brevard.

 

 

Commissioner Bolin read aloud, and the Board adopted, Resolution No. 11-228, commending the Landscape Operations Department for landscape work on the Pineda Extension.

 

 

Loren Rapport, of the Landscape Operations Department, accepted the Resolution and expressed appreciation to the Board and his team of co-workers who work hard for the benefit of the residents of Brevard County.

 

 

 

Commissioner Anderson read aloud, and the Board adopted, Resolution 11-229, proclaiming October 9th - 15th, 2011, as Fire Prevention Week.

 

 

Frank Scates, Fire Rescue, accepted the Resolution and invited the Board and the community to the open houses at all Brevard County fire stations between 8:00 a.m. and 5:00 p.m., Friday, Saturday, and Sunday, along with an open house at Merritt Square Mall and the flea market on Eau Gallie Boulevard.

 

 

 

Chairman Fisher read aloud, and the Board adopted, Resolution No. 11-230, proclaiming October 2011 as Domestic Violence Awareness Month.

 

 

Brevard County Domestic Violence Task Force Members accepted the Resolution, and Cindy Mitchell commented on the innocent victims who have lost their lives due to violence by an intimate partner.    

 

 

 

Howard Tipton, County Manager, advised that Jim Ford, Property Appraiser, has requested the County offices be open for business on January 2, 2012, and that the New Year Holiday instead be December 30, 2011; and noted the Property Appraiser's Office is required to be open on January 2nd, which is the beginning of the Homestead filing period.  He pointed out that the County could open the buildings for one Constitutional Officer.

 

The Board reached consensus to discuss the request further at the October 6th Zoning meeting, to give the Commissioners time to review schedules.

 

 

 

Commissioner Infantini stated a presentation during the final budget hearing reported that the Board cut spending by $80 million, but it actually cut the budget by $80 million; and clarified that during the final budget hearing, she did not call Sheriff Jack Parker a liar.

 

 

 

Commissioner Anderson reported on the Fireball Run in Melbourne two weeks ago, which traveled the southeast United States, ending in Biloxi, Mississippi; the charity was Missing and Exploited Children; two cars in the Run were from Brevard County, displaying the Brevard County Tourism Development Council logo; and he had the privilege of driving a car to Biloxi over the weekend.  He noted Brevard County was well represented in Biloxi.

 

Rob Varley, Tourism Development Director, stated the TDC sponsored the Fireball Run because of the Missing and Exploited Children Program and the public relations generated by Winston Scott of F.I.T. and NASCAR driver, Jeff Bodine; and advised Brevard County could get $25 million of exposure as a result of the Fireball Run. 

 

 

Chairman Fisher advised the Board is being asked to allow SCAT (Space Coast Area Transit) to donate 60 bus passes to the National Homeless Veterans Coalition for its annual Stand Down event to be held on October 22nd.

 

The Board approved the donation of 60 SCAT passes, enabling homeless veterans to attend the National Homeless Veterans Coalition's Stand Down event, which will be held on October 22, 2011.

 

 

 

 

Howard Tipton, County Manager, pulled Item III.B.5., Payment of Award, Re:  Employee Innovations Program, from the Consent Agenda, and advised the Board will consider the Item at the October 18, 2011, meeting.

 

Commissioner Anderson pulled Item III.A.8., Permission to Form a Selection Committee and Award the Request for Proposal for a Consultant to Assist the Selection Committee, Re:  Solid Waste Collection RFP Process, for discussion.

 

Commissioner Infantini pulled Items III.A.2., Sovereignty Submerged Lands Lease with Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, Re: Griffis Landing; III.A.9., Permission to Piggyback Orange County Term Contract  No. Y11-100, Re:  Repair and Maintenance of Landfill Gas Collection and Control System, and Stormwater Management System at the County's Solid Waste Facilities; III.A.11., Permission to Advertise Request for A/E Proposals, Establish Selection & Negotiating Committees, Advertise Request for Proposals for Construction Management Services, and Award and Execute Contracts, Re:  I-95 Visitors Center; and III.B.3., Approval, Re:  Space Coast Stadium 2011-2012 Capital Improvements, for discussion.

 

 

The Board approved Amendment No. 1 to the Grant Agreement with the Florida Department of Environmental Protection (FDEP) providing cost-share funding for the Valkaria Lakes Project contingent upon County Attorney and Risk Management approval; and authorized the Chairman to execute subsequent no-cost administrative amendments, if acceptable to the Natural Resources Management Office, the County Attorney's Office, and Risk Management.

 

 

 

The Board granted permission to apply for a Florida Inland Navigation District (FIND) grant to further Brevard's Derelict Vessel Removal Program; approved the matching funds and any related budget change requests; authorized the County Manager to execute the subsequent grant contract if awarded; and approved any necessary budgetary actions.

 

 

 

The Board approved utilization of City of Melbourne Contract No. 10-118-0-2009 CIPP Rehabilitation Services with Insituform Technologies, Inc. for the installation of Cured-In-Place Pipe (CIPP) for the storm drain reconstruction adjacent to Kelsey's Pizza in Port St. John.

 

 

 

The Board adopted Resolution No. 11-231, and executed Conservation Easement, and Owner's Affidavit for conveyance to the St. Johns River Water Management District associated with Pine Island Conservation Area Stormwater Improvements for Offsite Mitigation at Kings Lake Park.

 

 

 

The Board adopted Resolution No. 11-232, and executed an Interlocal Agreement and County Deed for the transfer of property (road right-of-way) to the City of Cocoa, for Lost Lake Drive (fka Friday Road) from just north of S.R. 524 to the section line.

 

 

 

The Board terminated the Use Agreement with Lost Lakes Condominium Association, Inc. due to the authorization and execution by the Chairman of the Interlocal Agreement, Resolution, and County Deed for the transfer of Lost Lake Drive Road right-of-way to the City of Cocoa.

 

 

 

The Board approved the Budget Change Requests as submitted.

 

 

 

The Board accepted staff review and approved the recommended changes to Board Policy BCC-37, Final Action for Collection of Delinquent Fees.

 

 

 

The Board reappointed John Saxton, Susan F. Baiocco, Anna Grau, Kimberly Turner, Charles Fischer, D. Anne Tinelli-Thompson, Don Cappilettie, Corey Lancaster, and Brenda Warner to the Affordable Housing Council; and granted permission to advertise to solicit applications for two vacant positions, created in accordance with Florida Statute 420.907.

 

 

 

The Board tabled the payment of award to employees who submitted EIP No. 386 under Brevard County's Employee Innovations Program, to the October 18, 2011, meeting.

 

 

 

The Board approved proposed revisions to the By-Laws of the Library Advisory Boards.

 

 

 

The Board executed a License Agreement with Roger J. Molitor, Jr. that allows him to access his property through EEL Program managed lands at Fox Lake Sanctuary.

 

 

 

The Board adopted Resolution Nos. 11-233 and 11-234, and executed Joint Participation Agreements Supplemental No. 6 with Florida Department of Transportation, in the amount of $166,021 each, for Transit Corridor Grants for S.R. 520 and S.R. A1A fixed route bus service; and authorized the Chairman to sign any follow-up documents, upon Risk Management and County Attorney approval, and any budget changes.

 

 

 

The Board executed Amendment No. 1 to the Lease Agreement with Brevard Cultural Alliance, Inc., for continu

ed use of County office space and internal services, with term of Amendment from October 1, 2011 to September 30, 2012.

 

 

 

The Board authorized the Chairman to sign a Letter of Agreement for the Crime Stoppers Trust Fund Grant designating the Central Florida Crimeline Program, Inc. to act as Brevard County's agent for the purpose of applying for and receiving funds from the Crime Stoppers Trust Fund.

 

 

 

The Board approved the Billfolder as submitted.

 

 

 

In response to questions by Commissioner Infantini, Natural Resources Management Director Ernie Brown advised the County closed on the subject property in July 2010; the transfer process takes approximately nine to 14 months; and staff submitted the application and letter of commitment to transfer after closing. 

                                             

The Board executed the Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for the continued use of the waterfront amenities at Griffis Landing.

 

 

 

Commissioner Anderson expressed concerns about adding language to the RFP that consultants should have no previous contracts with waste services providers. 

 

Howard Tipton, County Manager, stated there can be no conflict of interest and no financial gain; many consulting companies in the business have worked with a waste service provider in some form or another to gain experience.  Commissioner Anderson stated he would like for the prospective consultants to disclose in their proposals that they have not worked for any waste service providers in the past five years.

 

The Board appointed a Selection Committee consisting of Euri Rodriguez, or designee; Mel Scott, Assistant County Manager, or designee; and Ernie Brown, Natural Resources Management Director, or designee; directed conflict of interest language to be placed in the RFP; stipulated that the consultant must not have worked for any of the proposed waste service providers in the last five years; and that there be full disclosure from prospective consultants of any past contract with any of the proposed waste service providers; and granted permission to award the request for proposal for a consultant to be the best qualified proposal to assist the Selection Committee in the process of choosing solid waste collection contractor(s).

 

 

 

Commissioner Infantini recommended the Board go out to bid for the contract rather than piggybacking on the Orange County contract.

 

Euri Rodriguez, Solid Waste Management Director, advised staff still has a need for some emergency situations that occur; and requested permission to use the current contractors for 60 days while he puts the RFP together.

 

The Board directed staff to bid a contract for emergency repairs, maintenance, and minor expansions to the landfill gas collection and control system, and temporary stormwater systems required by Florid Department of Environmental Protection Solid Waste Operations, Closure, and Title V air permits; and granted permission to utilize the current contractor for a period of 60 days.

 

 

 

Commissioner Infantini stated she does not object to the concept of the request, but the price right now shows the Board will be building a 4,000 square-foot facility at a cost of just under $2 million; and she is concerned about spending so much money, even though it is using TDC (Tourist Development Commission) dollars.  She stated once the infrastructure is built, the Board is has a responsibility to maintain it; and right now, the County is facing so many shortfalls that if the funds are ever not available, it will not be able to be maintained.

 

Mel Scott, Assistant County Manager, stated it is his understanding that the return on investment is quite impressive; if the Board would have a better comfort level as it relates to the capital investment and what it can do along the I-95 corridor to attract potential visitors, he would be happy to provide that information; and as far as the cap, staff will do everything it can to capitalize on the great pricing there is right now.  He noted, with the expertise on staff and with the competitive pricing from contractors, staff would be able to come in under $2 million; and he will keep the Board apprised of that process as it moves along.

 

Commissioner Nelson stated the Visitors Center has been a high priority for the TDC; it has been in the Board's legislative package; and it is a mixed message to say the Board does not want it.  He stated the Visitors Center will pay for itself in the long run because it will funnel more people into hotels.

 

The Board authorized staff to advertise a Request for Proposals from qualified architectural/engineering firms, and advertise Request for Proposals from qualified construction management firms; authorized the establishment of Selection and Negotiating Committees consisting of Rob Varley, Tourism Development Office Director or designee, Assistant County Manager Mel Scott or designee, Facilities Department Director Steve Quickel or designee, and TDC Member Bob Baugher or designee; and authorized the Chairman to sign all associated contracts for the design and construction of a combined redeveloped rest area and a tourism information center located in North Brevard - Mims Rest Area, located on southbound I-95.

 

 

 

Commissioner Infantini inquired how much funding the Board will be expending toward the Space Coast Stadium improvements.

 

Stockton Whitten, Assistant County Manager, advised the item is the annual request for improvements at the stadium; the amount is up to $325,000 from the .04 cent Tourist Development Tax; and staff will try to get through the first 12 priorities on the list, up to the amount of $325,000. 

 

Commissioner Bolin stated the first 12 items on the list are items that are standard maintenance for the facility, no matter who is physically leasing it. 

 

Commissioner Anderson inquired if the Board has some contractual obligations to the Washington Nationals to do the improvements out of the Tourist Development Tax.  Mr. Whitten replied yes, the first 12 items on the list are the County's priorities; and regardless of who is leasing the stadium, staff would be recommending those improvements.

 

The Board authorized staff to proceed with design and construction of capital improvements at Space Coast Stadium; authorized the County Manager or designee to authorize bids and awards or use continuing contracts for materials, services, and equipment necessary for the expeditious completion of these projects; and approved budget change requests as required to complete approved Stadium capital projects.

 

 

Chairman Fisher inquired if Commissioner Nelson would talk about the economic impact of having the Washington Nationals at Space Coast Stadium; and inquired if there has ever been a study on the impact.  Commissioner Nelson stated there have been studies; and stated he does not have the specifics of the impacts with him, but he can reschedule and have the discussion at a later date.

 

 

 

 

Roger Gangitano expressed his concerns about the recent budget hearings.

 

Charles Tovey commented on citizens advisory boards, the budget, and code enforcement issues with the Town of Palm Shores. 

 

 

Chairman Fisher opened the public hearing.

 

John Denninghoff, Public Works Director, stated staff has some objections to the vacating at this time, and he would like to continue the petition to vacate to the November 15, 2011, meeting.

 

There being no further comments or objections, the Board continued the public hearing to consider a resolution vacating public utility & drainage easements running along the side lot lines of Lot 9 & 10, Block B, Mosswood Subdivision in Section 25, Township 27 South, Range 37 East, as petitioned by John and Kathleen Rabel, and Albert and Nancy Orr, to the November 15, 2011, meeting.

 

 

 

Chairman Fisher opened the public hearing.

 

John Denninghoff, Public Works Director, advised there is an FP&L easement involved with the vacating request that has not been resolved; therefore, he would like to continue the request to the November 15, 2011, meeting.

 

There being no further comments or objections, the Board continued the public hearing to consider a resolution vacating public utility easement in the rear of Lot 21, Block 14 in Sea Park Homes, Fourth Addition in Section 26, Township 26 South, Range 37 East, as petitioned by Mark and Kelly Palace, to the November 15, 2011, meeting.

 

 

 

Chairman Fisher opened the public hearing.

 

John Denninghoff, Public Works Director, advised staff has received an objection to the vacating from a nearby resident; he believes a solution has been worked out as of this morning; the petitioner has agreed for the County to retain an easement for utilities and drainage purposes along the centerline of the requested right-of-way; and he would like to continue the request to the November 15, 2011, meeting.

 

There being no further comments or objections, the Board continued the public hearing to consider a resolution vacating right-of-way in Plat of June Park Subdivision in Section 12, Township 28, Range 36 East, as petitioned by Cecil and Sandra Anastasio, David Redford, and Warren Laprell, to the November 15, 2011, meeting.

 

 

 

Chairman Fisher opened the public hearing.

 

There being no objections, the Board adopted Resolution 11-235, vacating Public Utility Easement (Woodbridge Drive) Woodbridge at Suntree, Unit II, as petitioned by Craig and Linda Kupec.

 

 

 

Chairman Fisher opened the public hearing.

 

There being no objections, the Board adopted Ordinance No. 11-32, amending Article III, Code of Ordinances of Brevard County, Florida, amending Section 2-73 providing for the departmental structure of County Government; providing for conflicting provisions, serverability, and an effective date.

 

 

Chairman Fisher opened the public hearing.

 

Robin Sobrino, Planning and Development Director, advised the Item is a proposed Code change  to Chapter 22, Building and Building Regulations Code; the intent is to update and clarify the Building Maintenance Standards with a focus on health and safety issues, which date back to the 1980's and early 1990's; and staff embraces the recommendations of the International Property Maintenance Code, which is the latest set of standards that many jurisdictions have adopted for property maintenance. 

 

There being no objections, the Board adopted Ordinance No. 11-33, amending the Brevard County Code of Ordinances by repeal and reserving Chapter 22, Article II, Division 2, Standard Housing Code, and Division 3, Standard Existing Building Code; repeal of Chapter 22, Article III, Division 1, Modular or Pre-Fabricated Structures, and replacing with a new division 1 titled, Property Maintenance; providing for serverability; providing for conflicting provisions; providing for an effective date.

 

 

 

Stockton Whitten, Assistant County Manager, stated on August 23rd the Board directed staff to focus on three properties for space needs associated with the Supervisor of Elections Office; the property on Dow Road is no longer on the market; and the two remaining options for the Board are locations on Sarno Road and John Rodes Boulevard.  He advised the property on Sarno Road, which is Option No. 1, would allow for the relocation of the Supervisor of Elections support center and post-election related functions, the Tax Collector's Service Center, and future expansion space for the County for relocating the Asset Management function from the modulars in Titusville, which are 25 years old and in need of repair or replacement; and it would also allow for the relocation of storage records from the Byrd Plaza location to the current Sarno Road Service Complex.  He summarized there are five County and Constitutional Officer needs that can be addressed with Option No. 1; the purchase price for 44,314 square feet is $2.175 million; staff is proposing that improvements be made totaling $1.975 million; the improvements include basic tenant improvements to convert to office space, replacement of the air conditioning system, installation of a generator, and the associated improvements with the Lake Drive warehouse space, for a total of $4.15 million.  He advised the $4.15 million includes the purchase price and what staff perceives as the needed improvements; the improvements are based on $50 per square-foot; and staff has given the Board what Risk Management uses as a property insurance factor, which would be applied to the replacement value of the property. 

 

He advised the John Rodes Boulevard location, Option No. 2, would allow the Board to address the warehouse and storage needs of the Supervisor and Tax Collector; the location could house the Supervisor's Elections Support Center and move the County record storage function there; the functions at Byrd Plaza could be relocated to the current Sarno Government Center; and the purchase price is $2.3 million for 31,350 square feet on 12.46 acres, which includes over eight acres of unimproved property.  He stated the improvements associated with Option No. 2 total $350,000, which includes a generator for $150,000, and warehouse improvements for $200,000; and it would have the same insurance factor that would apply to any building.  He summarized, Option No. 1 would allow the needs to be addressed, but at a higher cost; and Option No. 2 would allow the Board to address the warehouse needs at a lower cost.

 

Commissioner Anderson stated Option No. 1 would be preferable to him based on the volume of traffic on John Rodes Boulevard; and stated CAM (Common Area Maintenance) are things the Board would typically expend anyway, using Facilities staff; and stated the CAM charges are not a determining factor.  Steve Quickel, Facilities Director, stated it would not make a difference who pays for the CAM charges, as it is a cost that comes up every year; the intent of the property owner is to maintain the integrity and image that is there; and noted the CAM charges are .35 per square-foot, or $15,000 per year.   Commissioner Anderson noted if the Board chooses Option No. 1, he would like Asset Management to be located in the back section of the building, as it would be better for the public.

 

Lori Scott, Supervisor of Elections, expressed appreciation to County staff for working hard on the space needs for her office; and stated it is an issue that she has been addressing since she took office.  She stated she requested an inspection of her warehouse on January 5th; an inspection was done eight months ago; at that time, it was recommended that the duct work should be cleaned and sanitized, interior insulation and exterior walls should be replaced, the drywall above the mezzanine should be removed and replaced by a qualified mold remediation contractor, that the non-conditioned areas should have air conditioning, and cleaning and removal of the contaminated materials; and stated it is not just a warehouse, but an Elections Support Center that holds approximately $3 million in election equipment.   She advised there are employees that work out of that location every day, and before an election she has approximately 20 temporary employees; stated she had a temporary I.T. staff person through Spherion, and because of the mold in the building, she contacted her employer and expressed concern about working in the warehouse; and Spherion wanted to inspect the warehouse.  She noted her office still operates out of that facility, and none of the inspector's recommendations have been addressed or have moved forward.  She stated as far as moving the warehouse operations to the Sarno Road property, and addressing the issues that she and the Tax Collector are experiencing and will be experiencing going into a Presidential election year, she would like to remind the Board that Brevard has great voters and is typically in the top five in the state for voter turnout.  She advised in 2008, 83 percent of the voters voted, making Brevard the third highest in the state; people stood in early voting lines for four hours to vote; and she processes an average of 106 voters an hour for early voting at five locations.  She stated the Palm Bay location has 27 parking spaces for the public, which she shares with the Tax Collector, the Clerk of Court, and the Property Appraiser; and the January 2012 date that has just been set for the Presidential primary will put early voting in January when people are filing for Homestead with the Property Appraiser.  She stated the Tax Collector has expressed her concerns of the fire marshal shutting down the facility with just her function; when you add 800 voters standing in line for four hours, along with people filing for Homestead in two facilities, it is a recipe for disaster; nowhere in County government are citizens asked to stand outside in the heat, unsheltered, for four hours with no place to sit and no water; and stated as Supervisor of Elections, she is not comfortable with that.  She concluded by saying that the voter rolls in the County have grown by 64 percent in the last 20 years, and the Supervisor of Elections has only received a 1,900 square-foot increase in that time frame, which was for the Palm Bay facility and before early voting and post-election audits.

 

Lisa Cullen, Tax Collector, stated she echoes Ms. Scott's sentiments; the two offices Ms. Scott spoke about are two of her busiest offices in the Tax Collector function; she is deeply concerned about January and November, because in those months her office has a greater influx of customers; her office serves approximately 9,000 customers a month in the Sarno office; the facility is inadequate for her office's needs; and her office is going to have to move very soon.  She advised in November 2010, she added drivers license services to the Sarno office; last month, the Sarno office issued over 3,000 drivers licenses; and it is a critical issue for herself and for Ms. Scott.  She reiterated she is deeply concerned about serving the citizens and providing the statutorily required services that she and Ms. Scott are both required to present to citizens, but she also does not want to make them feel like they are second class citizens.  She noted she has a speaker system outside the Sarno office because she only has 54 chairs available inside; people are waiting outside and in hallways; and it is a concern that needs to be addressed soon.

 

Mel Howard, Howard Real Estate, representing the John Rodes property, stated the asking price is $2.3 million for a property that has eight extra acres on it; the property is ready for the Supervisor of Elections for the ability to warehouse equipment, and all of the logistics involved with supporting an election; the property is very close to I-95; logistically, it is difficult to be away from I-95; and he agrees with Ms. Scott that the Lake Drive is not suitable.  He stated the bottom line is he is offering the Board a piece of property that will facilitate the election as far as the warehousing is concerned, and make sure that it is done logistically; there is eight acres the County will be able to expand to; with some of the estimates he has seen by the Facilities Department, he is concerned that there are considerably lower options and costs in the estimates to expand; if the Board looks at the eight acres and takes them out of the equation of the building, it is a 46 percent decrease in just purchasing the John Rodes location over the Sarno Road location, plus it is $47 per foot if the eight acres are taken out; and stated he is giving the Board a value that is unbeatable to support that particular need.

 

Chairman Fisher requested clarification of the eight acres on the map; with Mr. Howard responding it is in the back of the property to the east from the building.  Chairman Fisher inquired how much of the eight acres is buildable; with Mr. Howard responding there is a borrow pit in the eight acres and the acreage next to it, but the pit can be used for drainage or water retention, as it is not large.  Mr. Howard noted there are some wetlands on the property, but there is about six acres that are usable.  Chairman Fisher inquired of the value of the eight acres if it were to be back on the market; with Mr. Howard responding $40,000 per acre.  Chairman Fisher inquired if the property owner would consider reducing the price if the Board did not want the eight acres.  Mr. Howard stated he would have to talk to the property owners. 

 

Dana Kilborne stated she owns property adjacent to the proposed John Rodes Boulevard site, which she supports.  She advised the County identified certain selection criteria based on needs that were identified; and the John Rodes property meets or exceeds all of the selection criteria and is a cheaper alternative for the County.  She stated as far as flooding on John Rodes Boulevard, she was there in 2004 and there was no flooding; and noted the flooding was on the other side of the road in a park, which was significant, and subsequently fixed.  She stated public access was addressed in the parking requirements as established in the selection criteria; the John Rodes property exceeds the requirement and has significant capacity to expand; and the site also has easy access to I-95.  She stated the John Rodes site is the more economical and cost effective choice; if there are intense retail uses, she would request that it be considered in a separate RFP for those retail uses, as retail space is more expensive than warehouse space; and noted the John Rodes site can be ready for the 2012 elections. 

 

John Pavlakos stated he is one of the owners of 525 John Rodes Boulevard; public access is an issue for the Board, and his site is very accessible, not only to the Interstate, but to John Rodes, and also has a private entrance with private parking with 60 spaces; the Sarno Road site has a shared access, shared entrance, and shared parking lot with other tenants, including a thrift shop, a restaurant, a daycare, a bar, and a gas station that sells alcohol; and noted the bar would be less than 350 feet away from the proposed space.  He commented on a report given to him by the Melbourne Police Department regarding calls to the bar; there have been 79 calls in the last 60 months, including assaults and disturbances, and a murder 24 months ago; and inquired if the Board has considered the liability or the public safety issue of being in that same property.  He reiterated that the site is .08-mile from I-95, and .09-mile from the new Ellis Road interchange that is proposed; there is traffic on John Rodes Boulevard, but he knows there are plans for expansion; and noted Sarno Road does not have turn lanes.  He pointed out that the site not only meets the criteria for warehouse and storage, but for office space as well. 

 

Commissioner Anderson clarified that there is no planned expansion for John Rodes Boulevard; it would cost $2 million per mile because of the right-of-way and ditches; but it is planned to be re-paved.

 

Chairman Fisher inquired if Mr. Pavlokas would be willing to reduce the purchase price if the Board does not want to purchase the extra eight acres.  Mr. Pavlokas replied it is an option that can be discussed.

 

Mike Ferdinand stated the John Rodes property is ready to be sold, and the Supervisor of Elections could move in immediately and be fully functional before the January 31st deadline; there will also soon be access at the Ellis Road interchange; the reason the eight acres was put in the proposal was that he was told by someone from the County that the County makes for good neighbors, but does not like to share access, and the only access he would have to the eight acres would be an easement; and unless something could be worked out with one of the neighbors, the land would be landlocked. 

 

Dan Evans, representing the Sarno Road site, stated the Facilities Department has done a good job comparing the two properties; the $1.97 million in improvements at the Sarno site is $44 per square-foot; he has talked to the City of Melbourne about subdividing the site; it is 77,000 square feet; the County would take the anchor and the junior anchor spots out of the middle; and there will be an Operating and Agreement easement, but there will be a subdivided parcel where the County will own that parcel and will also be a 57-percent owner of the Operating and Agreement easement rights to deal with common elements.  He stated the County would insure its own building and would have the property taxes portion of the building removed due to its tax exempt status.  He noted it is an interesting contrast between two properties; one is designed for a lot of parking in the front for a retail-type use, and the back has the loading requirements due to the fact that it was designed as a grocery store; and the warehouse functions are a big part of the logistics for the Supervisor of Elections.  He stated the neighborhood and property would be improved by the expansion of the public use; it is a good central location with access to I-95 accommodated via Sarno Road and ultimately Eau Gallie Boulevard in its extension of Apollo Boulevard; and there is easy access to the south via Apollo in connection with Babcock Road.  He summarized, the Sarno Road site is a great opportunity to purchase in an environment that is a very depressed economy; the Board is getting a good deal per square-foot; and with the improvements anticipated, it would be a great asset to the shopping center.

.

Ms. Scott stated she is not sure if the Commissioners have had the opportunity to visit the proposed facilities, but she has; and she would like to express some concerns to the Board before it makes a decision.  She stated, as Commissioner Anderson mentioned, John Rodes Boulevard is a two-lane road that has flooding issues; in 2008, parts of the road were impassable, and Lamplighter Village, although she knows that has been addressed; a watershed study of the property showed an approximate 1.6 feet of flooding into the John Rodes property and flooding into the back dock; as Supervisor of Elections, she has to be able to perform the duties of an election no matter what; and it is shortsighted to put her office in an area that not only has the potential for flooding, but has flooded. She noted by contrast, Sarno Road is a four-lane road across from the current Government Service Complex; there is a stoplight to get in and out of the site.  She stated it is interesting that the data sheet mentions wetlands on the eight acres at the John Rodes Boulevard site, which should prove that the property holds water; she is trying to get out of a warehouse that has mold and flooding issues, she does not want to go into another one that has the same issues; and while I-95 access is important, she also has 72 miles of beaches to get to.  She advised the Sarno Road site is a good administrative function; there would still be a warehouse issue that could be addressed separately, but she would like to have a warehouse on high and dry land; and noted the warehouse deploys the election and also receives on election night, so it is important to be in a location that is not impeded by weather or traffic patterns. 

 

Ms. Cullen stated since taking office in 2009, she has repeatedly asked for space at the Viera Government Center to move the Sarno Road office to; the John Rodes site provides no remedy for her problem; and she will be put in the position of either going out and purchasing, or leasing, her own facility; she cannot enjoy the economies of scale that the Board will have if it purchases property for both she and Ms. Scott; and she is going to have to address it soon.

 

Commissioner Anderson stated he appreciates the warehouse opportunity with Option No. 2, but the Board has to take care of the taxpayers in another way that is convenient; locating a government complex that has no service center on John Rodes Boulevard does not do a service to the taxpayers; and the Sarno Road site is appealing because across from it is Parks and Recreation, the Property Appraiser, and other agencies.  He stated another concern is the relocation of Asset Management; he feels for the employees who have to work out of the current Asset Management facilities; and he feels Option No. 1 will take care of the issue and also protect the taxpayers' assets to moving them to a more secure facility.  He advised he agrees with Option No. 1; and as far as the liquor establishment around the corner, if it is a problem then he would be happy to work with the Sheriff's Office, the Melbourne Police Department, and the Melbourne City Council to remedy that issue quickly.

 

Commissioner Bolin stated the request started out as a request for a warehouse, which is what staff moved forward on; now, the Board is looking at either $1.5 million, or $2 million, for what has become a bigger concept; inquired if the $1.5 million is something the Board needs to spend at this time; and stated she would like to have a discussion with the Board so that she can feel comfortable with spending the extra taxpayer money.  She stated she is concerned about the traffic at the John Rodes site, but if it is going to be used to fulfill the need that was requested in the beginning, which was warehousing, she thinks it is adequate; as far as the location that would be expanded to cover the new requests at the Sarno Road site, she is not comfortable sharing buildings, and the Board would not have control over the other tenants that may move in; and since this is a major decision, she would like input from the Board.

 

Commissioner Anderson stated he agrees that the Board should not have to be at the point where it is looking at purchasing a facility; unfortunately, past Commissions deferred preventative maintenance on facilities; and inquired if anyone can imagine being audited at the current storage location, given what happened in Florida in 2000, and having national media attention on mold and wet records.  He stated because maintenance has been deferred, things have fallen apart in both the Asset Management area, which has over $100,000 worth of equipment and furnishings, and the Supervisor of Elections records area; and he is fine with the co-location of offices because the Board would own 57 percent, but beyond that, the parking is a mess at the current location, and a disservice is being done to the citizens to make them wait for hours outside to just get their drivers licenses renewed.  He opined that Option No. 1 is the best solution for the taxpayers, and from an economic standpoint, getting rid of the old facilities so the Board does not have to spend money in the long run will pay for itself. 

 

Commissioner Bolin stated she agrees the Board will do something to take care of the need for storage; she is still concerned about whether or not to expand to everything being requested for another $1.5 million; but something will be done either way with the warehouse situation. Commissioner Anderson concurred, but thinks it is beyond the warehousing; in the long run, the Board has to take care of the customers that use the facilities; and he believes Option No. 1 is the way to do it and keep it co-located for the residents of South Brevard to be able to access the other government agencies. 

 

Mr. Whitten stated staff will have to come back to the Board with a financing option, which could include an internal loan from one of the enterprise funds, commercial paper, or a bank loan, but it will have to be out of existing resources; the Byrd Plaza lease expires in December, which is $125,000 annually; the financing will be a squeezing of existing resources to finance the debt service that is required for whatever option the Board chooses; and the hope is to bundle some financing needs together to push down interest rates.  He noted the Board just approved the visitor's center, and perhaps that is a financing opportunity that could be leveraged with this financing opportunity; the Sheriff's Office is going to come back with a request to finance the North Brevard precinct; and the thought is to bundle those requirements together to drive down what is ultimately the debt service payment, but it will be from existing resources what the Board has in Facilities in terms of the payment that could be applied toward any financing after the $125,000 from the Byrd Plaza lease.  Commissioner Bolin inquired if Mr. Whitten is saying the money is not available to pay for it outright, and so the Board will go into debt.  Mr. Whitten replied affirmatively.  Commissioner Bolin stated she feels that the Board needs to decide if it is the best usage of debt to choose Option No. 1.  

 

Commissioner Infantini stated the Board has known the facility has been needed since January, and the Sheriff has requested a change to his facility since 2009; and inquired if anything had been prepared for in the budget. She stated the Board is now going to have to increase the budget because it has not been budgeted.  Mr. Whitten pointed out there are facility needs that go back far beyond 2009 that are unaddressed and that the Board does not have the dollars to address.  He stated in terms of the development of this year's budget, the discussion all along has been about applying the Byrd Plaza lease dollars toward whatever option the Board chooses; the Board was aware of that and advised of that; there are a book of needs that go beyond even the current requests; and if the Board satisfies these needs today, the County still has a listing of facilities needs that the Board does not have the dollars to fully address at this time.

 

Commissioner Nelson stated if there is a finger to be pointed at, it should be at the Board for not giving direction to staff; and it is not fair to criticize staff for not putting something in the budget, because that is the Board's job.  He stated the Board has done a good job at getting to the point it is at, but it is different from where it started; when the discussion started, the Board was not talking to the Tax Collector; the original discussion was specific to the Lake Drive property; and although it has been a good discussion, it has gotten larger than what was originally discussed.  He stated he appreciates that Ms. Cullen has taken on the drivers licenses; Ms. Scott has taken on early voting; those are mandates that the Board has to figure out how to fund; and they are great ideas, but they are not funded ideas.  He stated one of his concerns is timing; even if the Board makes a decision today, there still has to be appraisals, there still has to be design of the renovation, and because of the cost of improvements, staff will have to go out for an RFP, and once the design comes, there is still permitting and construction; and it clearly will not be completed by the Presidential Primary, now that it has been moved to January.  He agrees with Commissioner Anderson that something needs to be done; as for the funding, the Board started out with the $125,000 from the Byrd Plaza lease, and it has gotten larger; and he would like more discussion on the funding option.

 

Mr. Whitten advised the one thing the Board directed at the last meeting was that staff go back and explore the purchase options; staff originally brought to the Board the lease options; and that may be an alternative the Board may want to consider again.  Chairman Fisher stated the only problem about purchasing versus leasing is that the problems are not going to go away; and there will still be a need 10 to 20 years from now, and there will be no return on lease dollars.  He stated his concern is that the original request has grown; it is now $4.1 million, when it was originally $2 million; he appreciates the needs by the Tax Collector and the Supervisor of Elections, but there are needs throughout the County on many buildings; he is concerned with spending $4.1 million in the current environment; but he understands the convenience factor, and he understands that Ms. Cullen has the right to take care of her need.  He stated the warehouse was the original request, and inquired what it would cost to remodel the current Lake Drive warehouse.  Mr. Whitten replied there would be some mitigation work involved, but it is estimated at $200,000 to address the issues at Lake Drive.  Chairman Fisher inquired if the Board spends $200,000 on Lake Drive, what would the issues be at that site that does not meet current needs of the Supervisor.  Steve Quickel, Facilities Director, replied the existing facility is very old; it is small, at 15,000 square feet; it is not an easy building to get into or out of; the environment within the building is that there is not sufficient air conditioning to keep the entire building dehumidified and cool; the roof has never been replaced, only patched; the indoor air quality issues are a result of cumulative issues of which are currently dormant because there has to be moisture in the building for mold and mildew to grow; and staff has been partially successful in stopping any additional water coming in through patching, but that changes every time it rains.  He noted another component is that it would be impossible for staff to do the renovation and remediation work in the building with it being occupied; there is no option other than to get the occupants and materials out of the building in order for staff to go in and take out the insulation that has been in there since it has been built; and noted there is dormant mold and mildew in the building. 

 

Chairman Fisher inquired if the Supervisor is moved out of the Lake Drive facility today, and rented something for six months to a year, how much would it cost to renovate that facility with it unoccupied. Mr. Quickel responded $200,000, which would be minimal renovation, and would put the building in serviceable condition, but would not provide for any additions to the building or provide any office space.  Commissioner Nelson stated the facility would have to be stripped down to the slab and started over; and he would worry that $200,000 would delay the project for five to six years, and then the Board would be faced with the same problems.  He stated to bring the facility up to a standard that the Board has talked about, it would be more than $200,000.

 

Commissioner Infantini stated she does not know where the Board is going to get the money for either project, since it was not budgeted; and stated she is frustrated with the process and of not having foresight to be able to look at future needs; and she would like to know where the money will come from for the project.  She advised she agrees that there is a need, and she has a preference, but she does not know where the funds are going to come from. 

 

Commissioner Anderson stated $125,000 will come from the Byrd Plaza lease; and inquired if the Board could see what the financing would look like if it piggybacked the project with the visitor's center.  Mr. Whitten replied part of the request is to have staff work on any sort of financing; with the adoption of the annual budget, there is the adoption of the five-year Capital Improvement Plan, which is a listing of needs; and so there is a consideration of all the needs within the adoption of the CIP, but obviously, the issue is that the Board will run out of money before it gets to complete what is in the plan.

 

Mr. Tipton stated as with many projects, the money for this project will have to be reallocated from the existing budget; staff is not recommending that the budget be increased; and stated the dollars will have to come from another project, or another area of operations.

 

Chairman Fisher inquired if $2.75 million is the final number on the Sarno Road property.  Mr. Evans replied yes, it is $49 per square-foot.  Chairman Fisher inquired if the property did not appraise for $2.75 million, what would the owner do.  Mr. Evans responded, the owner would not sell; but in a market appraisal, he thinks it will appraise for that price; and stated retail always derives a higher rent.  He noted the original RFP included a leasing option, and his client would honor that lease proposal as a way to delay to another funding cycle.  Chairman Fisher pointed out that improvements would still have to be made; and inquired if Mr. Evans's client would make the improvements; with Mr. Evans responding no, because the anticipation would be that the County would buy it.

 

Mr. Howard stated there has been discussion about flooding; Tropical Storm Fay dumped 30 inches of rain in one day, and everyone stayed home, so everything was shut down anyway; the Office of Natural Resources has said that any flooding on John Rodes Boulevard has been rectified by culverts that were put under I-95; and that project was with FEMA and will finish this winter. He noted even though there was 30 inches of rain, the building never flooded.  He added, the owners have said they would be happy to lease the property and will do whatever it takes to help the County move forward in the project.

 

Commissioner Anderson stated some of the flooding problems have been solved, but some watershed problems are far from being solved; and he is still concerned about John Rodes Boulevard being flooded, because the water that drains near Mr. Howard's property drains in a different direction than the Lamplighter Village water.  Mr. Howard stated he saw a memo from the Department of Natural Resources, which said it would take a Category IV hurricane for John Rodes Boulevard to flood like it did during Tropical Storm Fay; and he does not want to put a lot of emphasis on the flooding issue, as it is not an issue.  Chairman Fisher pointed out that with the right storm, the whole state can flood. 

 

Ms. Kilborne mentioned the Florida Bank of Commerce offered 100 percent financing on the John Rodes Boulevard facility, to the County, with no pre-payment penalty if the Board wants to seek a different solution later.

 

Commissioner Anderson stated Commissioner Bolin mentioned that the Board is looking only at warehouse space, but the Tax Collector has said she will have to relocate; and the Board will end up visiting the issue in pieces, instead of solving it.  He noted there is no way the current customer service center can co-exist anymore, unless the County spends money to expand the parking lot. 

 

Mr. Tipton clarified that it would be the Tax Collector's intent to seek a solution on her own, and it will not come back to the Board, as Ms. Cullen will go forward and find her own solution, which she has the ability to do.  Chairman Fisher stated he is okay with that.  Commissioner Anderson stated moving the Tax Collector to Viera is not a good option for the major population center in Palm Bay and Melbourne.

 

Ms. Scott stated as the only Constitutional Officer that has no ability to generate revenue, she does not think it is right to consider voters as second class citizens; the Tax Collector, through legislation, has the right to purchase a building, but she does not; and as far as capital improvements, a building has been requested for the Supervisor of Elections since the 2002-2003 budget, and after 10 years there is still no building.  She stated the only increase she has received was the 1,900 square feet at the Palm Bay office, which is the largest City in the County; and with Melbourne and Palm Bay collectively, she has over 3,000 square feet to facilitate voting for the two largest Cities of approximately 125,000 people.  She reminded the Board that when Hurricane Andrew hit South Florida, elections still had to be conducted; the federal government requires that elections be conducted; elections were being conducted in tents outside; and if the $3 million worth of equipment in the elections support center is destroyed or damaged, causing a delay in an election, it will be national news, as Brevard is the eighth largest County in the third largest state in the nation.  She stated she has worked hard to cut the budget in her office and save money, but both she and Ms. Cullen have a constitutional duty to provide to the citizens of the County; and she implored the Board to give the issue the significant thought it deserves, as it is core government and not convenience.  She noted if she does not do what she does, none of the Commissioners would be here to do what they do.

 

Mr. Cullen stated the issue is not new for the Tax Collector's Office; she has been mentioning it since 2009; the reason she requested space in Viera was because she wanted an additional office; it was not feasible to upgrade the office in Rockledge; and stated not only does the Melbourne office process drivers licenses, titles, and registration, it also collects property taxes, and in November, over 4,000 payments will be collected at that location.  She stated she and her staff have looked outside the box, and moving to Viera was just to bring some business out of the Sarno office, which needs to be bigger than it is to handle the current workload; she wants to do whatever is feasible, but she is in the position that she is going to have to look at a facility to move to; and noted County staff brought her into the discussions because it was a fiscally responsible thing to do to cohabitate in that space.

 

Commissioner Nelson stated the Tax Collector's money is also the Board's money, because whatever she does not spend comes to the Board of County Commissioners; even if the Board does not participate in the decision, it will impact the budget; and stated it would be better to have the discussion with Ms. Cullen.  Chairman Fisher stated the Board can also negotiate with her on another location. 

 

Commissioner Nelson stated as for the Lake Drive location, he think the cost of $200,000 would bring it up to a warehouse setting, but not for the purpose the Board is currently talking about; and he would like to see a better number because the Board needs to be able to say it reviewed options, and ultimately, that it chose one based on what it believes to be the best for the County at this time.  He added, there also is not a good timeline on what it would be for any of the subject properties; and he would like to see a timeline and a finance option.  He suggested he would like for staff to address his concerns and bring the issue back to the Board at the Zoning meeting on Thursday. 

 

Chairman Fisher stated he would like to get a feel for the assessed value, and what the bank's position would be if the appraisal did not appraise out as the Board would think it would.  Ms. Kilborne stated it would be the owner's decision, but in terms of what the bank would be willing to do from a financing standpoint, would be to finance 100 percent of what the County's outlay would be, including the improvements that have to be made; and as a practical matter, most appraisals will appraise on an as-is and an as-improved condition.  She stated the odds are better that the fewer improvements that have to be made, the less issues there will be with the final appraisal. 

 

Chairman Fisher stated he is concerned with the Lake Drive property and what it will cost to remodel; he would like to compare that with the John Rodes Boulevard property, because he thinks it would be a real comparison; and then the Board can discuss whether it wants to handle the Tax Collector's issue separately. 

 

Commissioner Infantini stated she would like to know if Mr. Evans is able to work with the owners of the Sarno Road property to do some type of owner-financing, so that the Board can have comparable scenarios; and noted the Board only has a certain amount of funds available.  Mr. Evans stated the owners' original proposal was to lease the property; but the property is paid for, and the owner will consider a financing alternative.  Mr. Whitten pointed out that the financing options from both owners would have to be better than what the County could get; and it is not a comparison against each of them, but a comparison against those two versus what the County can go out and get.

 

Mr. Howard stated it was his understanding that the Lake Drive improvements for $200,000 was for something other than the Supervisor of Elections.  Chairman Fisher stated it would be to remodel the Lake Drive facility and keeping the Supervisor in that location, but having to temporarily move it out. 

 

Chairman Fisher stated it appears the Board is directing staff to look at keeping the Supervisor of Elections in its current location, and also to remodel the Lake Drive building.

 

Mr. Whitten summarized the directions he has noted is that the Board would like to see a better number for the Lake Drive support center, and cost-out more definitively what that would be to maintain it as a support service center for the Supervisor of Elections; the Board would like to see the timeline for any options, which would be the two options that were presented today, in addition to the sprucing up of the support center option; and the Board would like to see the financing options.  He stated Chairman Fisher would also like to see the cost of Lake Drive and a comparison of the Lake Drive renovations against the John Rodes Boulevard and Sarno Road locations.

 

Commissioner Bolin stated she has been to the current Sarno Road location and knows how busy it is, so she knows there is a need; there is a difference of $1.5 million to do the cohabitation between the two different offices; and inquired if it would be cost beneficial to do it at that location versus going out and doing it independently at another location.  She stated she would like to continue the discussion to the next meeting, which is Thursday at the Zoning meeting.

 

Mr. Tipton stated there are many facility needs, such as Asset Management, and the record storage at Byrd Plaza; as the Board looks at solutions for space, one of the things to build-in is the option for growth, and the Board has to remember that if it were to retrofit the Lake Drive facility, it is still going to be 14,000 or 15,000 square feet, and there is not much that can be done there; and retrofitting it for Ms. Scott would be a short-term solution, but it does not mean the building could not be used for other things later; and Ms. Scott will have a limited amount of time before she is looking for additional space.

 

The Board tabled site selection for the Supervisor of Elections Support Center to the October 6, 2011, Zoning meeting.

 

 

 

Mel Scott, Assistant County Manager, advised the Agenda Item seeks direction from the Board  as to whether or not to propose amendments to the County Code to allow for a portion of unincorporated beach to be designated as Brevard County's first stretch of dog-friendly beach.  He stated the Agenda Report contains a matrix of information that hopefully has been helpful in the Board's consideration; the proposal by Sandy Paws was presented to the Board on May 24th with the request to find a segment of beach that would become dog-friendly; Sandy Paws has identified that there is a stretch of beach in front of the Canova Beach Park Community Center, which is expected to open in December, that they felt would be a good fit; and the establishment of the dog-friendly beach could coincide with the opening of the Community Center.  He noted Sandy Paws also requests that the rules of the beach would include that dogs be on leashes and that they be permitted to be on the beach during the traditional hours of park operations, which typically are dawn to dusk.  He advised, as a result of surveys he has conducted with 15 local beach communities on the east and west coast of Florida, the Board should be prepared to be the primary operators of the stretch of beach as it would relate to the amenities that might be provided in the way of doggie bags for waste disposal, the waste receptacles, and the cleanup of the beach; it has been noticed by other local governments that while volunteer efforts assist in the operation of those facilities, ultimately, the responsibility rests with the local government to bear those costs; but there are examples of volunteer efforts that have gone a long way to defraying those costs. 

 

Barbara Arnold stated Sandy Paws would like to ask the Board to look at the issue and change the Code of Ordinances; Canova Beach is one area that Sandy Paws has talked about a lot because it is centrally located; there are over 4,000 signatures online and on hard copy petitions; and the goal of Sandy Paws would be to continue with volunteer efforts with beach clean ups.

 

Robert Dwyer stated dogs can be dangerous; each year, over 761 Floridians are hospitalized due to injuries from dog bites, with another 18,016 requiring emergency care; each year, an average of two Floridians die from injuries due to a dog bite; children between the ages of one and nine years old are at the highest risk of dog bites; and Canova Beach is one of the busier beaches in South Brevard.  He stated one recommendation of the Florida Department of Health is that the most effective way to prevent dog bite related infectious disease is to prevent the injury by preventing the bite; he personally believes that the risk of dog bites can be reduced by reducing exposure of dogs and humans; and the exposure should not expanded by allowing dogs on beaches and putting children at risk.  He stated his concern is if every dog owner will clean up waste, and if the exposure to humans on the beach will increase the number of dog bites; and he is worried about the time limits of getting medical attention on the beach, the cost to the community, and the time limits of getting law enforcement on the beach.  He stated he is also worried about potential litigation, as the County is responsible and could be held liable if there are issues on the beach. 

 

John Ferguson stated he is in support of making a portion of beach dog-friendly; stated has three dogs and is a responsible dog owner; he has taken his dogs to dog-friendly beaches in California and New York; and a dog-friendly beach is possible as long as owners take responsibility.  He stated volunteers, non-profit organizations, and corporate sponsors can help maintain a clean and safe environmentally friendly beach; and according to a non-profit organization in California, approximately 90 percent of all donations go toward maintaining the dog beaches, providing doggie bags, and doggie bag stations.  He stated although there are responsible dog owners, there are also irresponsible dog owners; dogs that are not leashed can create a problem for beachgoers, as they can run out of control on the beach, and can frighten people; and another problem is that waste is not picked up by owners, which can create toxins into the environment.  He stated despite a few irresponsible dog owners, there are many dog owners who would benefit and maintain a dog beach area; following the dog beach rules will maintain a clean and friendly environment; there will be a specific and enforced code of conduct; only responsible dog owners would be allowed; dog licenses and updated shots will be required; and waste bag stations will be provided and maintained throughout the beach area. 

 

Commissioner Bolin inquired if Mr. Ferguson would have a problem keeping his three dogs on a leash.  Mr. Ferguson replied it is not a problem because his dogs listen to him, and he is also a responsible pet owner.

 

Chris Martin stated he is the attorney for Ocean Walk Beach Condominiums; Ocean Walk is the first condo to the north of Canova Beach; it is a nine-story building with 82 units; and he is speaking on behalf of Ocean Walk and other residents in the Canova Beach area.  He pointed out that himself, as well as many residents of Ocean Walk, are animal lovers.  He stated the residents oppose making Canova Beach a dog beach; there is an obvious health and safety issue; anyone can be bitten, scratched, or chased by a dog; there is also a risk of infection with there being dog feces on the ground; another concern is the sound of many dogs barking at the same time; and there will be a severe impact on the sea turtle protections.  He pointed out there are other options, such as the dog park that is one mile away from Canova Beach; and there are other solutions that would cause less of an impact to property owners.  He concluded by reading an excerpt from a letter from Margaret Canova, the last surviving member of the Canova family, who is opposed to any dog-friendly beach.

 

Commissioner Anderson stated because the County has limited funding abilities, it cannot enforce the current Ordinance; there are dogs on the beach now, which leads to irresponsible practices; he looks at the proposal as an opportunity to police it; and the same logic regarding people being bitten by dogs on the beach would also apply to people being bitten on sidewalks.  He pointed out that the proposal is a pilot program and can be shut down at any point if things do not work out.  Mr. Scott advised if directed by the Board, staff would set up the project as a pilot project as opposed to an ordinance. 

 

Mr. Martin stated the proposed location at Canova Beach is an area near condominiums and resorts; there is a dog park one mile away; perhaps land on the river side would be a better area; and the residents are not objecting to a dog beach, they are just opposed to the proposed location.  Commissioner Anderson stated he would rather have dogs on the beach instead of on the river where sea grasses could potentially be destroyed.

 

Frank Kneiser stated he serves on the Animal Advisory Board; in March, the Advisory Board passed a resolution supporting the proposal by Sandy Paws; and inquired if there is a proposal to have a separate parking area and a separate entrance area to the dog beach area.  Mr. Scott replied he does not believe so; and the current plan being built for Canova Beach Park does not have segregated access design in it.  Mr. Kneiser stated he has been to dog beaches all over the state; and there have been no health issues at the beaches throughout the state.  He commented on Honeymoon Island State Park, which has a portion of the beach designated as dog beach; and the park has not had any problems with dogs on the beach in 30 years. 

 

Commissioner Bolin inquired if Mr. Kneiser has found in his observations that there have been situations where dogs get loose from their owners, or have not been controlled.  Mr. Kneiser replied nothing that has ever posed any danger; and the proposal would only allow two dogs per person. 

 

Commissioner Nelson stated historically, the state has not allowed dogs on the beach at Honeymoon Island State Park; and inquired if that has changed.  Mr. Kneiser stated there has never been a prohibition from the state; and stated there is a separate section for dogs at Honeymoon Island State Park.

 

Curtis Black stated on the beach at Pineda Causeway there are a lot of people who do not know about dogs not being allowed on the beach, as there are dogs frequently on the beach in the evenings; he walks that stretch of beach often and has never seen dog feces on the beach, but there are a million cigarette butts, as well as baby diapers; the people with dogs on the beach have them leashed; and stated having a dog-friendly beach would be a good idea and people would come to Brevard County from other areas just to take their dogs to the beach.  He noted there are very few people on the beach after 3:00 or 4:00 p.m., and after that time, the whole beach could be opened up; and as a homeowner, he is in support of a dog-friendly beach.  He pointed out that perhaps people would be willing to buy a permit that would allow them to take their dogs on the beach and also recognize that they understand the rules, which would also be a way for the County to make money.

 

Val Phillips stated one thing that would decrease the potential for conflicts between people and dogs is increased socialization; and a dog beach will allow for dogs to be exercised.  She commented on the statistic that 60 percent of deaths caused by dogs are by pit bulls; but it is never mentioned that out of that, there are 30 to 40 people per year who are killed by dogs; and it is an unfortunate event, but there are millions of dogs all over the country.  She noted having a dog-friendly beach will promote tourism, as people will visit Brevard County to bring their dogs to a beach. She mentioned the possibility of having a pet store sponsor pet waste stations on the beach.

 

Ed Wolchick stated a pilot program would be a perfect way to find out who is right and who is wrong about the issue; he does not know if the north end of Canova Beach is the best part of the County; but he would applaud a place to take his dog without breaking the law.

 

Helen Voltz stated people have talked about picking up dog feces, but dogs urinate more than they defecate; and when people pick up feces and the sand around it, they are taking sand off of the beach.  She stated there will still be people walking their dogs on the beach, regardless if there is a dog beach or not; and stated sometimes people volunteer and sometimes they do not.  She stated she does not know how many people would drive for miles to go to a dog-friendly beach; and stated a pilot program is the only way to figure out if a dog-friendly beach will work in Brevard County. 

 

Marcus Gonzales stated there are approximately 75 miles of beaches in Brevard County; only a small portion is being requested for a dog-friendly beach; a pilot program would be a good idea, as it is a good opportunity to educate the community and dog owners; and he is in support of the request. 

 

Commissioner Anderson stated people already take their dogs to the beach; a pilot program would be a responsible way to look into the issue to see if it will work; there are many people from the beachside who have told him they want to take their dogs to the beach; and he thinks the County can give a few hundred feet out of 72 miles of beach, just to test it.  He pointed out the pilot program will be in District 5, and he will be getting more calls than any other Commissioner if it does not work out; and he is willing to take it on, just to see if it works. 

 

Don George, United States Air Force, stated there has been discussion about the beach on the south end of Patrick Air Force Base (PAFB), which does not have any houses next to it, but does have parking; and he would be willing to take the issue to the Air Force to see if it is something it can partner with the County on to allow a dog beach on the south end of PAFB. 

 

Commissioner Anderson stated it would be fair to have a couple of different locations for a pilot program; and he would appreciate it if Mr. George would speak to the Air Force.   Chairman Fisher inquired if there could be a timeline on the pilot project.  Commissioner Bolin suggested a one-year pilot project.  Mr. Scott noted the one-year pilot project can coincide with the opening of the community center at Canova Beach Park.  Commissioner Anderson noted he also liked the idea of sponsorship.  Mr. Scott stated there will be waste bags, along with posted rules and regulations modeled after Sarasota Beach.

 

Commissioner Nelson stated he does not believe Canova Beach is the right spot for a dog beach; the places that have been successful have one thing in common, which is that there is no residential near them; the proposed location has residential to the north and south of it;  Canova Beach is fairly narrow; there will also be conflicting uses with the Community Center; and he does not support the proposed location for a dog-friendly beach.  He stated he is hopeful Mr. George is able to work out something with the Air Force.

 

The Board directed staff to move forward with a one-year pilot program establishing a dog-friendly beach on a portion of unincorporated Canova Beach Community Center Beach, coinciding with the opening of Canova Beach Community Center; and permitted the United States Air Force to investigate the possibility of a dog-friendly beach on a portion of beachfront property owned by the Air Force.

 

 

 

Mike Knight, EEL Program Director, advised the recommendation is from the EEL Program Selection and Management Committee (SMC) to acquire the Parrish Holder property, which is adjacent to the Indian Mound Station Sanctuary currently managed under the EEL Program; the property is 39.65 acres; two independent appraisals were done in June; the appraised value was determined to be $575,000; and the purchase price is $515,450, which represents 89 percent of the appraised value.  He noted Air Force funding is part of the acquisition to cover 50 percent of the $515,450; in exchange for that, the Air Force would receive a 20-acre conservation easement to offset future scrub impacts on the Canaveral Air Force Station; and the contract was previously negotiated in May 2011 for $560,000, and was renegotiated to the current contract price of $515,450.  He stated property management is eligible through the $200,000 Air Force contribution; in addition to protecting a large scrub habitat landscape, the acquisition of the property will allow for the development of a trail head at the adjacent Holder Park for access to the subject parcel and the Indian Mound Station Sanctuary to the south.

 

Don George, United States Air Force, stated the request will allow for future growth on Cape Canaveral Air Force Station. 

 

Commissioner Nelson stated the action will facilitate the Air Force's mitigation of the work it plans to do; and if the County does not participate, the Air Force will still have to find mitigation. Mr. George stated at some point, the Air Force is going to reach the point where it does not have any land left on the installation; and that is a big concern for the Air Force.   He stated the recovery plan for the scrub jay lists Cape Canaveral Air Force Station specifically; the land is looked at for recovery of the species; another issue is establishing large areas of preserves; and the partnership with the County allows for that. 

 

Commissioner Anderson inquired if the Air Force would find other areas to mitigate in Ocala if the County did not participate.  Mr. George replied the scrub jays are genetically linked in the County, and the Air Force would not be able to do the same thing in Ocala.  Commissioner Anderson inquired if the Air Force would be able to continue operations and find another mitigation that would not impact the Brevard County property tax rolls.  Mr. George stated he is not sure that is the case, as he has looked into that; the Air Force is under a pilot project for encroachment that was directed by the Department of Defense.  Commissioner Anderson stated he does not want the public to be misled that if the County does not participate that it will affect economic development at the space center, because there are other areas that could be mitigated; and there are also administrative overrides that can occur as well.

 

Commissioner Nelson stated it behooves the Board to participate with the Air Force; the issue has to be resolved; the Air Force has been great partners with the County; and he supports the recommendation.  Commissioner Anderson stated he does not think the Board should be looking to take any more property off the tax rolls.  Commissioner Nelson pointed out the taxes on the property last year were $4,500; it is not a huge loss to the County; and the benefit is that jobs will be created at the space center.

 

Commissioner Infantini stated the Board just raised the millage rate because it did not have enough funds in the EEL Program, yet it is talking about getting rid of $275,000 of funds from the EEL Program to be able to purchase more land; it is a conflicting message to taxpayers; and stated the Board needs to stop buying land.  She pointed out the County is not doing all of the controlled burns and maintenance it is supposed to do for the EEL Property; the 40 acres across from the subject property was purchased for $3.6 million; and the new tax roll values the property at $273,000. 

 

Richard Wagner, appraiser for subject property, stated the property is approximately 40 acres; the zoning is residential; it has a use permit to be developed as residential; and it was valued accordingly using six or eight comparable sales that indicated a range from $13,000 per acre in fee-simple.  He noted he also considered the conservation easement to be placed on the property and deducted the value of the remainder; and the value is based on the assumption of a residential site. 

 

Commissioner Infantini inquired if it is true that Mr. Wagner's appraisal is null and void if any environmentally sensitive issues such as eagles or gopher tortoises or scrub jays were found on the property.  Mr. Wagner noted there was not an environmental assessment; and the value is based on the assumption that there is not an endangered species impact to the property; but if there is an endangered species survey, then he reserves the right to review the appraisal. 

 

Commissioner Nelson stated the recommendation gives the Board the ability to manage the lands the way they were intended to be managed; the property is adjacent to a County park on the north end and additional endangered lands on the south end; and it is a logical extension of the site.

 

The Board executed the Assignment of Option to Purchase the Parrish Holder Land Corporation property through The Conservation Fund; and authorized staff to exercise the Assignment of Option to Purchase on or before December 18, 2011. 

 

 

 

The Board adopted Resolution No. 11-236, and executed an Agreement for a Deed of Easement on the Parrish Holder Land Corporation property with the United States Air Force; and executed the Deed of Easement to convey the Parrish Holder Land Corporation property to the United States Air Force on or after closing of the property.

 

 

 

The Board executed a Letter of Agreement with the firm of Gardner, Bist, Wiener, et al (David S. Dee, Esquire) for legal services to be rendered on behalf of Brevard County with regard to environmental law issues in Farmland Reserve v. Brevard County and Florida Department of Environmental Protection (FDEP) (Deseret Ranch landfill permitting).

 

 

 

The Board adopted Resolution 11-237, and a Joint Participation Agreement with the Florida Department of Transportation for the design, right-of-way acquisition, and construction of an overpass on the Pineda Causeway over the Florida East Coast Railway (FEC) right-of-way; authorized  permission to advertise for consultant selections as needed; and appointed the Consultant Selection Committee and the Negotiation Committee consisting of John Denninghoff, Public Works Director, Mel Scott, Assistant County Manager, and Richard Szpyrka, P.E., Engineering Program Manager, or their designees. 

 

 

 

Commissioner Infantini stated approval of the request would be rebating tax dollars that the County would not be collecting because the property is located in the economic development zone; when the zone starts collecting taxes, none of those taxes will come to Brevard County to rebate to the company; and she is not in favor of the request. 

 

Howard Tipton, County Manager, advised Project Boat is not inside the economic development zone; and the City of Cocoa has its own enterprise zone and brownfield, which is what is being referred to.

 

The Board adopted Resolution No. 11-238, qualifying Project Boat as an eligible business under the County's Abatement programs; and authorized a public hearing to consider adopting an exemption ordinance.

 

 

 

Howard Tipton, County Manager, advised regarding the site selection for the Supervisor of Elections, trying to get the issue back on the Agenda for Thursday evening is going to be difficult, and he is requesting to bring it back to the Board on October 18th, in order to give staff more time to vet the issues. 

 

The Board tabled site selection for the Supervisor of Elections Support Center to the October 18, 2011, Regular meeting, to allow staff time to investigate the cost of maintaining the Lake Drive Support Center for the Supervisor of Elections, the timeline for the John Rodes Boulevard  and Sarno Road locations, as well as the conversion of the Lake Drive location, the financing options for the proposed locations, and a comparison of the Lake Drive renovations against the John Rodes Boulevard and Sarno Road locations.

 

 

 

Upon consensus of the Board, the meeting was adjourned at 1:46 p.m.

 

 

 

ATTEST:                                                                                                                                

                                                                        ROBIN L. FISHER, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _______                      BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK