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

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The Invocation was given by Reverend Ann Taylor Owen, Sr. Chaplain, Wuesthoff Hospice and Palliative Care.

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PLEDGE OF ALLEGIANCE:  Commissioner Andy Anderson, District 5.

 

The Board approved the February 9, 2010 Regular Meeting Minutes.

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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RECOGNITION AND PRESENTATION, RE:  EMPLOYEE LONGEVITY RECOGNITION PLAQUES

 

County Manager Howard Tipton stated this is a segment of the Agenda where employee service is recognized; not everyone is present today, but there are 11 25-year employees, one 30-year employee, and three 35-year employees; and that is a tremendous commitment of service to the citizens.

 

Mr. Tipton stated Lieutenant Joseph Matta, Fire Rescue Department, began his career with Brevard County Fire Rescue in 1984; he followed the path of his father Captain Bill Matta who retired after 31 years of service with Brevard County; he is greatly respected by his piers; and since 1984 Lieutenant Matta has held assignments exclusively at fire stations with high-call volume.  He advised in October 1990, Fire Fighter Matta was promoted to Lieutenant; by 1992 Lieutenant Matta was assigned to Station No. 41, one of the busiest engine companies in Brevard County, a company that now operates that Department’s first ladder truck; he has been a company officer there for more than 18 years; during his tour at Station No. 41, Lieutenant Matta has received several service awards, including a meritorious service award and a valor award, and has been twice nominated for officer of the year.  He noted that Joe’s contribution has made a significant impact in the safety of the citizens, and he is pleased to recognize Lieutenant Matta for 25 years of service to Brevard County.

 

 

 

Mr. Tipton advised Lieutenant James Fry, Fire Rescue Department, began his career with Brevard County Fire Rescue in 1984; prior to embarking on his career in the fire service, he was a security guard at Kennedy Space Center; when applying with the County, Lieutenant Fry contacted Human Resources to check on his application status, and as luck would have it the HR person on the telephone was about to call him to see if he was still interested in employment; and 25 years later he is proud to say he still is.  He stated that Jim’s 25 years with the County is indication of how much he is interested; his career started in the district days on Merritt Island when engines were staffed either with one or two personnel; he became an EMT in 1985, achieved Fire Officer certification, and was promoted to Lieutenant in 1996; and while still employed with BCFR, Lieutenant Fry became interested in computers.  He noted that Jim’s skills and contributions to the Department have been tremendous, whether making life or death decisions in emergency scenes, or assisting with IT-related challenges; and he is greatly appreciated by all.

 

Mr. Tipton stated Firefighter Paramedic David “Scooby” Kessluk, Fire Rescue Department, started his career with Brevard County Fire Rescue in 1984; David has an AS Degree in Emergency Medical Services that he received in 1980 and a Bachelors Degree in Health Administration, which he received in 1984; during the course of his employment he continued his education with classes on hazardous materials, medical technician, and OSHA hazardous waste operations and technical level operations; and in 1998 he was voted Paramedic of the Year from VFW Post No. 5440.  He explained that throughout David’s 25 years of service with the Fire Rescue Department, Firefighter Paramedic Kessluk has received numerous memorandums and letters of appreciation; Scooby is highly regarded for both his firefighting skills and his extensive knowledge of pre-hospital medicine; and the County is greater for his service to the community.

 

Mr. Tipton stated his congratulations to Donald Hurst for his 25 years as Brevard County’s General Repair Supervisor for the Facilities Department; Don has consistently represented his Department in a professional and friendly way; and his dedication  and commitment to County employees is reflected in his willingness to step up to the many challenges he has encountered throughout his career.  He advised Don has spent many years as the go-to man in support of public meetings making sure all facility-related needs were met to conduct County Commission meetings, workshops, and other government functions; even under difficult circumstances, or when tensions run high, Don has remained focused and determined to do his best to support co-workers and citizens; he has answered countless calls during nights and weekends responding to building emergencies Countywide; if someone needed assistance that he could provide he was there; and that is if he was not in the woods hunting.  He stated because of Don’s cheerful and tireless efforts he has received numerous awards and accommodations, beginning in the months immediately after being hired; his 25 years of service is a testament to his loyalty and dedication to Brevard County; and the Facilities Department takes pride in having employees like Don who genuinely care about fellow employees and the taxpayers of Brevard County. 

 

Don Hurst stated he has done the County Commissioners meetings for 15 years; he has seen a lot of County Commissioners come and go; things have changed a lot; and he hopes they have changed for the best for the County employees and the County.  He stated it has been fun, but if he can squeeze out four more years, he is in DROP, and he will be gone.

 

Mr. Tipton stated Troy King, Solid Waste Management Department, is another 25-year employees; he was hired in October 1984 as a Maintenance Worker for the Solid Waste Department; in May 1986 he was promoted to Solid Waste Plant Operator; Troy received a letter of appreciation in 1989 for volunteering to help with the Spring Household Hazardous Waste Roundup; and in December 1998 he was appointed to the Hazardous Household Program as a Technician I.  He advised that Troy has attended many training certifications since 1994, including Household Hazardous Waste Operations and Emergency Response, which includes transportation, disposal, and storage of hazardous wastes; it also includes the required OSHA Hazardous Waste Operators and Emergency Response Annual Refresher Course; he has also donated a considerable amount of leave time for employees in need; and in November 2006 he was part of a group of employees that received an Excellence in Action Award Pulling Together Award in recognition of outstanding teamwork.  He stated that Troy continues to be a dedicated part of the Solid Waste Household Hazardous Waste Program, the Department is fortunate to have him as part of the team, and looks forward to his continued service.

 

Mr. Tipton advised that James Cox, Solid Waste Management Department, is being recognized for his 25 years of service to Brevard County; James came to Brevard County in 1984 where he worked for Fire Rescue; he transferred to Central Fleet in 1984 as a Vehicle Services Attendant; and in 1989 he was promoted to Heavy Equipment Mechanic.  He stated that James received a letter of accommodation from Central Fleet when he took it upon himself to further his knowledge and skills on the Antilock Braking Systems; he joined the Solid Waste Management Department in October 1994; and he is now a Solid Waste Mechanic I.  He noted over the years James has donated many of hours of leave time for his fellow of employees, those who are in need; he is a hard worker and dedicated employee; and the Department is fortune to have him as part of the team and looks forward to his continued service.

 

Mr. Tipton stated that Cheryl Pramuk, Central Services Office, has been with the County for 25 years; her career began in November 1984 as a Clerical Assistant with the Central Services Stores Department; she was promoted to Property Control Clerk in 1985, and transferred to the Purchasing Department as a Buyer II in 1997; Cheryl served as a valuable team lead in the implementation and upgrade of the SAP System; and was promoted to Asset Management Specialist in 1999.  He advised that Cheryl rose through the ranks to become the Property Control Supervisor in 2000 and the Asset Manager in 2004.  He noted that her effective communication and problem-solving skills helped establish controls for financial reporting and tracking of all capital assets; her recent Internal Audit Review revealed that Asset Management accountability and controls should be viewed as a benchmark for other agencies; in addition to obtaining her Management Certification, Cheryl has participated in several Florida Women in Government conferences and has received the Brevard’s Best Award, Exceptional Cooperation Award, Pulling Together Award, and numerous other accolades for her work and customer service; and he expressed his appreciation for her service and congratulations for a job well done.

 

Cheryl Pramuk expressed her appreciation to the Board and Brevard County; she really enjoys and loves her job; and it is a pleasure and privilege for her to be able to work for the County and the taxpayers.

 

 

Mr. Tipton reiterated that there were several 35-year employees, and he is pleased that there is one employee present this morning.  He stated Donald Grassman, Utility Services Department, began his employment with Brevard County on December 17, 1974 as a Drafting Technician in the Utility Services Department; he was promoted to Senior Drafting Technician in 1977; and he was promoted to Utility Construction Inspector in 1979.  He advised that Don participated in the modernization of the County Utility System in the 1980’s, and was the primary Utility Inspector during the construction of the Suntree/Viera/North Melbourne Area; in his current role of Underground Utility Locator, Don applies the knowledge of his experience to help excavators avoid damage to the County’s underground utilities and he provides a unique design and construction perspective to ongoing pipeline operations; and it is fair to say, if it is in the ground he knows about it.  He expressed his appreciation for Don’s 35 years of service.

 

Mr. Tipton advised those were all of the employee awards that he had for this morning, but he did want to recognize that on the dais as he came in this morning he had two awards from the Vietnam Veteran’s Association; and one is in appreciation to the recently retired Parks and Recreation Director Don Lusk for his service, as well as a plaque for the Parks and Recreation Department, also from the Vietnam Veteran’s.

 

 

RESOLUTION, RE:  RECOGNIZING LYNDA L. WEATHERMAN AS THE 2010 WOMAN OF THE YEAR

 

Chairman Bolin read aloud a resolution recognizing Lynda L. Weatherman as 2010 Woman of the Year in the category of business.

 

The Board adopted Resolution No. 10-043 recognizing Lynda L. Weatherman as the Brevard Commission on the Status of Women 2010 Woman of the Year. 

 

 

Lynda Weatherman expressed her appreciation to the Board; stated she actually remembers hearing about this award at one of her first Board meetings in 1994, and thought what a cool thing to do for a County to recognize all of the hard work in different and various sectors of the County; the fact that she was honored today makes it very special; but the fact that it was an honor by the Board of County Commissioners for this wonderful County makes it extra special to her personally and professionally.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Robin Fisher, Vice Chairman/ Commissioner District 1

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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RESOLUTION, RE:  RECOGNIZING SISTER IMMACULATA KNOX AS THE 2010 WOMAN OF THE YEAR

 

Chairman Bolin read aloud a resolution recognizing Sister Immaculata Knox as the 2010 Woman of the Year in the category of education.

 

The Board adopted Resolution No. 10-044 recognizing Sister Immaculata Knox as the Brevard Commission on the Status of Woman 2010 Woman of the Year. 

 

 

Sister Immaculata Knox stated this morning, when she came to this auspicious gathering, she had no idea she would be given time to speak; but since she has never met a microphone that she did not like, she really likes this one.  She advised she came to Brevard County in 1961 and she has been here ever since; she acts as a liaison between Brevard County and County Louth in Ireland; and what has happened between the two counties has been pretty awesome.  She advised the Board is well known over there, not as individuals, but as Commissioners of the County.  She noted that when she accepts this honor, which it is, she accepts it on behalf of all of the Sisters who came from Ireland in the late 50’s and early 60’s and opened schools from Titusville to Palm Bay, and all of those who have served in Brevard County have fond memories of being here and working; she stated her appreciation to the Board; and she particularly wanted to thank Dr. Potomski who proposed her name for this honor, and all who is in attendance, including her cheerleading group.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Robin Fisher, Vice Chairman/ Commissioner District 1

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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RESOLUTION, RE:  RECOGNIZING LINDSEY WALKER AS THE 2010 WOMAN OF THE YEAR

 

Commissioner Anderson read aloud a resolution recognizing Lindsey Walker as the 2010 Woman of the Year in the category of young leader.

 

The Board adopted Resolution No. 10-046 recognizing Lindsey Walker as Brevard County Commission on the Status of Women 2010 Woman of the Year. 

 

 

Lindsey Walker expressed her appreciation to the Board.

 

Commissioner Infantini stated while Ms. Walker is accepting her award, she would like it to be known that actually Melbourne High School completed in the Ethic Competition at Florida Institute of Technology, and they won first and second place.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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RESOLUTION, RE:  RECOGNIZING AMY TIDD AS THE 2010 WOMAN OF THE YEAR

 

Commissioner Fisher read aloud a resolution recognizing Amy Tidd as the 2010 Woman of the Year in the category of military.

 

The Board adopted Resolution No. 10-045 recognizing Amy Tidd as Brevard County Commission on the Status of Woman 2010 Woman of the Year. 

 

 

Amy Tidd stated her appreciation to the National Organization of Women for putting her name forward, the Commission on the Status of Women, and the Board for this honor.  She stated her military service was a long time ago; and she wanted everyone to remember the Afghanistan and Iraq Veterans today, and the people who serve over there right now putting their lives in harms way.  

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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RESOLUTION, RE:  PROCLAIMING APRIL 2010 AS WATER CONSERVATION MONTH IN BREVARD COUNTY

 

Commissioner Nelson read aloud a resolution proclaiming April 2010 as Water Conservation Month.

 

The Board adopted Resolution No. 10-047 proclaiming April 2010 as Water Conservation Month in Brevard County; and calling upon each citizen and business to help protect this precious resource by practicing water saving measures and becoming more aware of the need to save water. 

 

 

Dick Martens, Utility Services Director, introduced Sherry Camp, Brevard County’s Representative to the Water Supply Board’s Water Resource Conservation Committee, to give the Board an update of the things the Committee is doing with the cities on water conservation.

 

Sherry Camp stated, as Dick mentioned, she is part of a team; there are representatives from the Cities of Titusville, Melbourne, Cocoa, and Palm Bay, as well as Brevard County; as a team, over the last several years they have done numerous projects, the Board has probably attended some of them, like the Florida Friendly Landscape Seminars; they produced a DVD, Bringing in the Green the Friendly Florida Way; they produced a video, Conserving Water on the Space Coast, which Kimberly is airing on Space Coast Government TV, and it is also streaming if the Board would like to view it on the Brevard County main web page; and people can go to Space Coast Government TV, and click on Conserving Water on the Space Coast.  She advised to keep in mind when viewing the video that it was geared towards elementary school students; the kids like it, they ask them to take a quiz at the end of the video; it is a crossword puzzle, it keeps their attention; and they kind of like the music in the video.  She noted that they have done a lot of education projects in the schools; they have worked with Florida TODAY, they did an insert; and they have done posters, placemats for children in the restaurants, and they did a showerhead exchange program where customers could bring their old showerheads and they would give them a new, free of charge low-flow showerhead.  She explained if people would like to view the video, it is on the webpage; and she encouraged everyone to do their part and conserve water.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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RESOLUTION, RE:  RECOGNIZING FLORIDA SURVEYORS’ WEEK IN REVARD COUNTY

 

Commissioner Infantini read aloud a resolution recognizing Florida Surveyors’ Week in Brevard County.

 

The Board adopted Resolution No. 10-048 proclaiming March 21 through March 27, 2010 as Florida Surveyors’ Week in Brevard County; and recognizing the many contributions and the ongoing dedication of the present day surveyors and mappers to the citizens of Brevard County. 

 

 

A Representative of the local surveying community stated his appreciation to the Board for recognizing Florida Surveyors’ Week.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Robin Fisher, Vice Chairman/ Commissioner District 1

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PRESENTATION OF RESOLUTION, RE:  MELBOURNE HIGH SCHOOL GIRL’S SOCCER TEAM

 

Commissioner Infantini read aloud Resolution, which was adopted at the March 9, 2010 Board meeting, recognizing Melbourne High School Girl’s Soccer Team, the Bulldogs, for their State Championship.

 

A Representative of the Melbourne High School Girl’s Soccer Team stated their appreciation to the Board for the Resolution commending all of their hard work, because it definitely took a lot of it from all of them.

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PRESENTATION OF RESOLUTION, RE:  MELBOURNE HIGH SCHOOL BOY’S SOCCER TEAM

 

Commissioner Anderson read aloud a Resolution, which was adopted at the March 9, 2010 Board meeting, recognizing Melbourne High School Boy’s Soccer Team, the Bulldogs, for their State Championship.

 

A Representative of the Melbourne High School Soccer Team expressed the team’s appreciation to the Board for the Resolution for recognizing this amazing, historical achievement by the boy’s.

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REPORT, RE:  ITEM WITHDRAWN FROM THE AGENDA

 

County Manager Howard Tipton stated that Item III.A.2, Letter of Support for National Oceanic and Atmospheric Administration (NOAA) Coastal Counties Restoration Initiative (CRRI) Grant Application, Re:  Pineda Causeway Stormwater Outfall Improvements, needed to be withdrawn from the Agenda; staff was unable to lineup the funding partners needed to apply for that grant; and hopefully staff will come back at a later time with that item.

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REPORT, RE:  SPACE RALLY AT THE COCOA EXPO

 

Commissioner Fisher stated on April 11, 2010, at 3:00 p.m. at the Cocoa Expo, there is a Space Rally scheduled; State of Florida Lieutenant Governor Kottkamp, Congressman Posey, and some ex-astronauts, unions, and the business community are going to be present; and the theory is to rally the community to make sure President Obama understands that the way NASA’s budget it structured is not acceptable to the community.  He advised they are expecting 5,000 people to be at the rally; and it is one more effort before the President gets to Central Florida for the community to show its support for space and human space flight. 

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REPORT, RE:  TELECONFERENCE PRIOR TO NATIONAL SPACE SYMPOSIUM IN COLORADO SPRINGS, COLORADO

 

Commissioner Fisher advised on April 12 - 15, 2010, three Commissioners will be attending the National Space Symposium in Colorado Springs, Colorado; he was involved in a teleconference yesterday in reference to the trip he has tomorrow to Washington, D.C.; and he was on the teleconference with people from Alabama, Ohio, and Texas.  He stated the Commissioners should have a teleconference before going to Colorado to be sure that everyone is on the same page regarding space.  He noted that because of the Sunshine Law the Board has to be careful; the County Attorney and County Manager told him each Commissioner could open his or her offices to the public who want to be a part of that teleconference; and he wanted to invite Lynda Weatherman, NASA, Space Florida, and other vendors to be part of this.  He inquired how to make this work with the Sunshine Law.

 

County Attorney Scott Knox inquired if Commissioner Fisher wanted to do this as individual Commissioners, if he is asking the Board to authorize him to do this, or does he want to do this with more than one Commissioner together; with Commissioner Fisher responding to have each Commissioner, plus NASA, USA, Space Florida, and Economic Development Commission to do a teleconference in reference to planning the trip to Colorado.  Attorney Knox advised if there is more than one Commissioner on the telephone at one time, the Sunshine Law will have to be dealt with.  Commissioner Fisher stated it is his understanding that it can be advertised; with Attorney Knox responding affirmatively.  Commissioner Fisher stated he could use his office as a public gathering place for anyone who wishes to listen to the call.  Attorney Knox advised as long as the line is open so everyone can hear, that is fine.

 

Commissioner Anderson inquired if he could invite the public to his office.  Attorney Knox advised each Commission office can do the same thing.  Commissioner Anderson inquired if staff can advertise that; with Attorney Knox responding affirmatively. 

 

Commissioner Fisher stated a date needed to be found for that teleconference prior to April 12, 2010.  Mr. Tipton advised staff has direction on that.

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REPORT, RE:  SPACE FORUM AT BREVARD COMMUNITY COLLEGE

 

Commissioner Nelson stated Chairman Bolin and he attended the Space Forum held by Florida

TODAY at the Brevard Community College, Cocoa Campus; Senator Bill Nelson and Kennedy Space Center Director Bob Cabana were there; it is still a moving target about what the direction is going to be, because when listening to the two of them, they were going in different directions; Mr. Cabana is trying to implement the budget that he has been given as it is being determined what it actually means; and Senator Nelson is pursuing additional launches, as well as additional direction for a heavy lift vehicle; it is an interesting moving target right now; but it is being worked at from a variety of angles.  He advised there will also be another forum held at the same location in April; that will have Representative Posey and Kosmos as well in a forum setting; and he encouraged the public to attend those.

 

Chairman Bolin stated it is being estimated that the forum will be held on April 9^th.

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REPORT, RE:  FLORIDA REGIONAL PLANNING COUNCIL MEETING

Commissioner Nelson stated Chairman Bolin and he are appointees to the Florida Regional Planning Council; at the meeting they were passing out the 2060 Plan for Central Florida; and he distributed those to the Commissioners.  He advised there is a disk in the back that has the full Plan; this is actually the Executive Summary, so it gives the Board an idea of how thick the Plan is; it goes into a variety of things; one of the things he noticed is that on his previous stint on the Florida Regional Planning Council, it was developing its Comprehensive Economic Development Strategy (CEDS); he and Chairman Bolin were able to get them to actually broaden that; and the result of that is Brevard County was able to get several million dollars in retraining funds associated with the fact that was in there.  He stated it is important to continue to work through the Florida Regional Planning Council for these kinds of opportunities

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REPORT, RE:  ANIMAL SERVICES DIRECTOR

 

Commissioner Infantini stated she would like to recognize Animal Services Director Mike McFarland, who is sitting in the audience; due to his outstanding efforts, work, and progress he has made with the Animal Services Department, she no longer receives emails and correspondence in the mail with pictures that are far too graphic that she will not look at herself; and she stated her appreciation to Mr. McFarland for the excellent job in turning that department around.

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RECOGNITION, RE:  PALM BAY ELEMENTARY STUDENTS

 

Vanessa Spero-Swingle, University of Florida Institute of Food and Agricultural Sciences, Brevard County Extension, stated she serves as a 4-H Agent, and she is present representing the 4-H Tropicana Public Speaking Program; and this Program is sponsored by their office, it is opened to fourth, fifth, and sixth graders throughout the County, and it enhances public speaking skills in these youth.  She advised that public speaking is an essential element that anyone can benefit from learning how to use these skills effectively; they provide the resources and the teachers perform this activity, this program, in the school system; there are classroom level competitions, school competitions, they come onto their County-level competition, and the winners move on to the District Level Competition at the Central Florida Fair; and this skill teaches job interview skills, college applications skills, self-esteem, self-confidence, writing, and reading skills.  She stated today she has with her from Palm Bay Elementary the second place winner for the fourth and fifth grade competitions Scott Draper, and the first place winner from the sixth grade competition Tabatha Hadley; Tabatha moved on to the Central Florida Fair; and she received first place at the District Level Competition.

 

Scott Draper recited his speech on “Skateboarding as an Olympic Sport”.

 

Tabatha Hadley recited her speech on “Why Go to College”.

 

Ms. Spero-Swingle expressed her appreciation to the Board for allowing Scott and Tabatha to present their speeches; they are very proud of the students who participate; they had over 18 schools and 2,000 students participate last year in this competition; and they will bring it on next year, and will hopefully be able to present to the Board again.

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REPORT, RE:  CHART FROM TRIP TO WASHINGTON, D.C.

 

Commissioner Anderson distributed a copy of the chart he received when visiting NASA Headquarters; stated that Space Coast Government TV has a slide of it; the reason he brought a copy to each Board member is to know what the Board needs to fight for to understand what the baseline is right now; by looking at the proposed budget plan chart, at the bottom, the Board will see that it shows nothing for NASA, as far as exploration, until almost 2025; and he certainly hopes this will change when the President comes to Brevard County.  He advised he does not think that anyone who was in the contingent who attended those meetings in Washington, D.C. thought that was acceptable; and he knows the Board does not find it acceptable. 

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REPORT, RE:  SHAMROCK CLASSIC GOLF TOURNAMENT

 

Commissioner Anderson stated he was able to attend the Bridges Golf Tournament, the Shamrock Classic, and that was to support transitional housing for Veterans; and there is a transitional house in the City of Melbourne in Chairman Bolin’s District.  He advised that he played with School Board Member Andy Ziegler, it was a foursome, and unfortunately for the other two people who played with them, they lost; it was a great event with a huge turnout; and it was actually scheduled for the weekend before, but it was rained out.

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REPORT, RE:  VIETNAM AND ALL VETERANS OF BREVARD COUNTY

 

Commissioner Anderson stated he was honored to attend the Vietnam and All Veterans of Brevard County awards ceremony; he was honored to swear in the officers this year; and they presented the Board with a plaque of appreciation of its dedication to the Veterans in Brevard County.

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REPORT, RE:  BREVARD COUNTY FAIR

 

Commissioner Anderson stated he got to go to the fair on Thursday night with his kids; he did not get out of the fair until nearly 9:30 p.m., way past their bedtime for a school night; but it was free rides.  He advised dad got to watch the kids ride and ride.

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REPORT, RE:  HUMAN SPACE FLIGHT

 

Commissioner Fisher stated as he was on that teleconference yesterday with the five other states and their representatives, their message was human space exploration is what is wanted; they are all going up to Washington, D.C. with that message with six states presenting that; they are not supporting any one vehicle; but they are just saying that human exploration needs to be moved up on the calendar.

 

Commissioner Anderson stated the message he received was NASA will tell a person that the Administration has not given up on human space flight; they want to transport to the commercial-side the taxi-service to the International Space Station; the exploration part, which is not economically feasible for a private company to go to Mars; the exploration part of NASA, that is why it is under a government program, is to do those other things; and they will try to skew this by saying they are not giving up human space flight, but they are giving up exploration.

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REPORT, RE:  BREVARD COUNTY FAIR (CONTINUED)

 

Commissioner Bolin stated the Brevard County Fair is a wonderful event; she got to see the rodeo; she was assigned to be a taster at the chili contest; but thank God for staff as Jan Conrad did it instead. 

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REPORT, RE:  MEETING WITH REGIONAL WORKFORCE

 

Chairman Bolin stated she attended a meeting with the Regional Workforce Board; and she distributed information to the other Board Members.  She stated this group is regional and works on what the statistics are and how to handle all of the people on unemployment because of the space situation; it is really a good group; and they are exploring where jobs can be found throughout Central Florida.

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REPORT, RE:  CENSUS OF 2010

 

Chairman Bolin stated everywhere a person goes there are Census ads; most people have probably already received in the mail the forms; it is imperative that everyone fills those out and sends them in; the County has a Complete Count Committee, which is headed by SCGTV/Communications Director Kimberly Prosser; and she requested that Kimberly make a few comments.

 

A video was shown regarding the 2010 Census.

 

Kimberly Prosser stated the Complete County Committee is emphasizing that the Census is easy, it takes less than 10 minutes, there are only 10 questions, it is important, and not only determines Brevard County’s representation in Congress but also the allocation of $400 billion, and it is confidential; the information is not shared with any government agency; and it is kept confidentially protected for 72 years.  She noted that the Census forms were mailed out last week; everyone should have received their form by now; if a person has not received their form, he or she can go to a variety of Be Counted sites across the County; and one of them is in this building on the 2^nd floor, and another one is in the Merritt Island Service Complex.  She stated she also wanted to let everyone know about the 2010 Census Road Tour, which is coming to Brevard County tomorrow; the Atlanta Region Interactive Education Vehicle will be at the BCC/UCF Cocoa Campus tomorrow from 10:00 a.m. to 2:00 p.m.; and she wanted to invite everyone to the welcoming ceremony at noon where the Census Bureau Director George Grandy will speak, as well as Commissioner Nelson.  She stated in 2000 Brevard County’s mail-back participation rate was 70 percent and they would like to see that increase; for every one percent that increases mail-back rate across-the-country, it saves $85 million; and she requested that everyone please fill out the form and mail it back.

 

Commissioner Infantini stated she has constituents who live in the Barefoot Bay, and they are concerned in filling out their Census, because they use the Sebastian zip code, so they end up getting counted in Indian River County instead of Brevard County; and inquired if there is any way to address that.  Ms. Prosser replied what happens is although the mailing address shows a Sebastian zip code, that is just a money-savings effort by the Post Office to have it go out from regional Post Offices, but the actual Census form has a barcode and it is geocoded to the exact home location; and the person will be counted in the correct area.

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ITEMS PULLED FROM CONSENT AGENDA

 

Chairman Bolin advised she has cards on III.A.10, so that will be pulled; and inquired if there are any other items to be pulled from the Consent Agenda.

 

Commissioner Infantini stated she would like to pull III.A.1, Approval, Re:  Application for Grant to Supplement Merritt Island Redevelopment Agency (MIRA) Funds Contributed for Purchase of Blue Crab Cove Working Waterfront Property; Item III.A.6, Permission to Issue Change Order to Work Order to W. H. Benson & Company, Re:  Barnes Boulevard Widening Project; and Item III.C.2, Approval, Re:  Bills and Budget Changes, from the Consent Agenda. 

 

 

BINDING DEVELOPMENT PLAN WITH INGRID K. MATTA AND RICHARD L. MATTA, RE:  PROPERTY LOCATED ON THE EAST SIDE OF S. COURTENAY PARKWAY, NORTH OF ITS INTERSECTION WITH SOUTH TROPICAL TRAIL, 3930 S. COURTENAY PARKWAY

 

The Board executed Binding Development Plan Agreement with Ingrid K. and Richard L. Matta for property located on the east side of S. Courtenay Parkway, approximately 140 feet north of its intersection with S. Tropical Trail. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE, RE:  REVISIONS TO CHAPTER 62, ARTICLE V, SECTION 7 - EDUCATIONAL IMPACT FEE AMENDMENT

 

The Board approved legislative intent and permission to advertise an ordinance to amend the Educational Facilities Impact Fee Ordinance to increase the percentage of fees that may be retained by the County for administration of the impact fee program. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL OF EXECUTION OF AIRSPACE AGREEMENT AND RESOLUTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) FOR WICKHAM ROAD UNDER INTERSTATE 95

 

The Board approved the Airspace Agreement and the Resolution with Florida Department of Transportation (FDOT) for Wickham Road under Interstate 95; and authorized the Chairman to execute the Agreement and Resolution. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PERMISSION FOR STAFF TO ISSUE LETTER, RE:  EAST CENTRAL FLORIDA REGIONAL RAIL-TRAIL PROJECT

 

The Board authorized the Public Works Director to issue a letter to the Florida Department of Environmental Protection (FDEP) stating that Brevard County has no objection to FDEP granting an easement over the East Central regional Rail-Trail at Aurantia Road to the Florida Department of Transportation (FDOT) for the Interstate 95 Widening Project; and that Brevard County and FDOT have met and agreed that the widening project will not interfere with the Rail-Trail and Trailhead currently being proposed at this location. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  LOCAL AGENCY CERTIFICATION QUALIFICATION AGREEMENT AND RESOLUTION WITH FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT)

 

The Board executed the Local Agency Certification Qualification Agreement for the Florida Department of Transportation; and adopt Resolution No. 10-050 authorizing execution of Agreements. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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INTERLOCAL AGREEMENT, RESOLUTION, AND COUNTY DEED WITH CITY OF MELBOURNE FOR MILLER LAND AND BAKER ROAD

 

The Board approved and authorized the Chairman to execute the Interlocal Agreement, Resolution No. 10-51, and County Deed for the transfer of property to the City of Melbourne, that are portions of right-of-way lying in Section 13, Township 27 South, Range 36 East, which have been annexed into the City of Melbourne, Florida.

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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BOARD CONSIDERATION, RE:  REQUEST FOR REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN FOR SHIRLEY REDDITT, LESTER REDDITT, AND LOYD COOPER (FORMER OWNERS) AND RICHARD MUNSON (CURRENT OWNER)

 

The Board adopted the Special Magistrate’s recommendation to reduce the accrued fine for Case 08CE-03582 (09-0002) from $1,750 to the reduced sum of $200; and direct staff to prepare and execute release and satisfaction of lien upon receipt. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PERMISSION TO BID, RE:  HVAC REPLACEMENT/UPGRADES AT VESSAR B. CARLSON HISTORIC TITUSVILLE COURTHOUSE

 

The Board authorized permission to bid upgrades to the heating, ventilating, and air conditioning system at the Vassar B. Carlton Historic Titusville Courthouse; authorize the Chairman to execute the contract; and approve all necessary budget changes to transfer funding to Court Facilities budget.  

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPOINTMENTS, RE:  THE COMMUNITY DEVELOPMENT BLOCK GRANT ADVISORY BOARD

 

The Board appointed/reappointed Wade Ivey and Nancy Sewell to Community Development Block Grant Advisory Board, with terms expiring December 31, 2010. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  APPLICATION FOR GRANT TO SUPPLEMENT MERRITT ISLAND REDEVELOPMENT AGENCY (MIRA) FUNDS CONTRIBUTED FOR PURCHASE OF BLUE CRAB COVE WORKING WATERFRONT PROPERTY

 

Commissioner Infantini stated she is not for moving forward on this; she realizes this is to just apply for grant funds to help the Board make an acquisition, but she is opposed to the acquisition; she had an engineer do preliminary estimates on the renovation costs for Blue Crab Cove, and it looks like they are coming in around $1.2 million; on top of the additional money being spent out of MIRA, which is money that is funneled out of the General Fund and siphoned off the top into the different community redevelopment districts; she received numerous calls and emails from constituents that do not want the Board to cut funding to the library; and she is trying have the Board kind of prioritize what is needed whether it is library services, park services, or a redevelopment in Merritt Island. 

 

Commissioner Nelson stated the redevelopment funds could not go towards the library since they are a special Countywide tax district anyway.  He advised this is a good project; and he does not expect Commissioner Infantini’s support for it, but he has gotten a lot of emails in support of the project and talked to some folks who certainly think it is important.  He noted the $600,000 that the Board is applying for are dollars paid for by Brevard County taxpayers; these are dollars it is paying into the Florida Inland Navigation District coming back to Brevard County; and he does not see anything wrong with that.

 

Commissioner Fisher requested that staff clear up where the dollars come from; and he thinks the public may be confused if MIRA money is being mixed with Parks and Recreation and libraries.

 

Natural Resources Management Director Ernest Brown stated the funding the Board approved in February for the acquisition of Blue Crab Cove was dedicated exclusively from the Merritt Island Redevelopment Agency, which is a tiff, and that is those monies can only be spent within the Redevelopment Agency, for example they cannot be transferred to the General Fund or the Libraries without some pretty significant wholesale changes to the structure; so these funds have been dedicated to the redevelopment purposes within MIRA’s area of authority; and MIRA has unanimously voted to move this project forward.  He advised there are many projects that they do perform that never come to the Board, but because this particular project requires holding land, it does come to the Board for discussion; the net grant is obtained to County funds is approximately $388,000; by looking at a $2.8 million acquisition would be a seven to one return on the County’s investment; and that has two additional funding services, FIND and the Florida Communities Trust Fund, which are both dedicated funds that cannot be moved to other sources.

 

Commissioner Fisher inquired where the $2.1 million is coming from; Mr. Brown replied the way it is broken down is $988,000 is coming from MIRA currently, $1.8 million is coming from the Florida Communities Trust dedicated funding source for working waterfronts, and that $1.8 million, if it is not used in Brevard County, there are two other counties waiting in the wings for that money.  Mr. Brown noted the Stan Mayfield Working Waterfront Grant has been committed by the legislature to fund these valuable resources Statewide; the federal, State, and local government supported and assisted the food production industries in this country, agriculture in particular, for two primary purposes, food security and a sustainability of what goes on peoples plate; that particular element is consistent with what that is being done here, investing into the food processing production industries in the local community; that was the intent of the Stan Mayfield Working Waterfront Grant; and because of those factors, this $1.8 million will stay into this program, and if it is not used in Brevard County it will be used in other counties.  Commissioner Fisher inquired if MIRA can use the fund it has in its account for libraries and Parks and Recreation; with Mr. Brown replying to his knowledge, no.

 

Commissioner Infantini stated she received information that the Board determines who is on the board of MIRA, and the Board can appoint itself to be the elected body that oversees that funding; and as such, the money could be returned to Brevard County and to the General Fund.  She stated if the County stopped funding MIRA, it would save approximately $1.2 million in renovations to that community, which now she cannot see spending that extra money when there is a budget shortfall for the libraries; and she would rather not see more money going to the redevelopment districts, she would rather keep it within the General Fund budget.

 

Commissioner Nelson inquired if Commissioner Infantini is saying the County get rid of all CRA’s, which there are three in her District alone; with Commissioner Infantini responding as a matter of priority, yes; stated right now is not the time; but she is willing to do that; in a time of financial crisis she needs to prioritize where the money is spent whether it is for public safety and infrastructure; and that is the most important thing to her right now.

 

Commissioner Nelson stated building up the tax base so that the Board does not have to raise taxes or cut services is commendable, and that is what redevelopment agencies do, they go in and build up the tax base so it does support the community on a greater basis; there are 12 or 13 CRAs, there is only one that the Board actually has input, which is the redevelopment agency on Merritt Island; they have done a terrific job, they are one of the oldest CRAs, and the County is now seeing the benefit; there would be no money there if they were not building up the tax base; and he does not see how penalizing this community for that purpose makes any sense.  He noted the effort needs to continue to protect the waterfront; the Board is the City Council for this community; it is the only ones who look out for this community; and this is just part of that effort to make sure this community is preserved.  He stated those dollars cannot be used for libraries; it is misleading for Commissioner Infantini to even indicate the Board can; and the Board just needs to move on with this item.

 

The Board adopted Resolution No. 10-052 for Assistance Under The Florida Inland Navigation District Waterways Assistance Program to apply for the Waterways Assistance Program Grant from the Florida Inland Navigation District (FIND) to supplement matching funds contributed by MIRA for the purchase of the Blue Crab Cove working waterfront property; and authorize the Chairman to execute subsequent grant contract if awarded.                         

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Robin Fisher, Vice Chairman/ Commissioner District 1

AYES:                 Robin Fisher, Chuck Nelson, Mary Bolin

NAYS:                 Trudie Infantini, Andy Anderson

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PERMISSION TO ISSUE CHANGE ORDER TO WORK ORDER TO W. H. BENSON & COMPANY, RE:  BARNES BOULEVARD WIDENING PROJECT

 

Commissioner Infantini requested staff to explain exactly what the actual request is; and inquired if it is for $100,000 more or $198,000 more; stated he was already awarded $98,000; and she thinks he has already completed all of the appraisals.

 

Public Works Director John Denninghoff advised it is an extra $100,000 to increase the Contract maximum amount to $198,000; he has completed all of the appraisal work for the initial round of appraisals for land values, cost secures, and things of that sort; it does not include the additional work that might come about as a result of the statutory allowable, but reaction to a business that would claim a business damage during an acquisition; and what is being done is staff preparing to be able to do that.

 

Commissioner Infantini inquired if that would require doubling the amount; and stated the Board originally agreed to pay him $98,000 for appraisals, and it will cost an extra $100,000 for him to do supporting information.  Mr. Denninghoff replied staff does not know exactly what it is going to cost at this point; it is still the phase where staff has not been able to identify how much will be needed in the way of services; and what staff does in this circumstance is individual task orders for each appraisal effort that the appraiser will work on, which can be very different one from the next.  He advised it could be for a CPA, marketing expert, surveyors, planners, and all kinds of different things that might come into play, so those have to be handled on an individual basis; and while the basic work has been done, additional work will be required, but what staff does not know is how much and specifically which parcels it will be necessary for.

 

Commissioner Infantini stated Mr. Denninghoff cited that perhaps CPA’s would be needed, but it looks like this extra $100,000 is being allocated to the purchase order for the appraiser; and inquired if there is a way to have this purchase order allocated so that it could go to any of the experts, because she is not comfortable spending an additional $100,000 on top of what has already been given to him just to do the appraisals.  Mr. Denninghoff advised the appraiser hires experts as needed on an individual basis; it would be as a sub-consultant to the appraiser; and he would not be receiving all of this compensation as it would be for the team of experts needed for each one of the parcels in question.

 

The Board authorized the issuance of a change order to Work Order #2008-013-A008 to W. H. Benson & Company, Inc., for a total amount not to exceed $198,940, for additional appraisal services for the Barnes Boulevard Widening Project.  

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Robin Fisher, Vice Chairman/ Commissioner District 1

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

NAYS:                 Trudie Infantini

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APPROVAL OF FEDERAL AVIATION ADMINISTRATION (FAA) AND FLORIDA DEPARTMENT OF TRANSPORTATION (FDOT) GRANTS/JOINT PARTICIPATION AGREEMENTS, PARTS A & B, RE:  FUNDS RELATED PROJECTS

 

Chairman Bolin requested that staff give a brief summary of the item.

 

Steve Borowski, Valkaria Airport Manager, stated what is front of the Board today are grants from both the FAA and FDOT; and it is for funding for Parts A and B as described in the Agenda Item for capital improvement items identified in the Airport Master Plan.

 

Janis Walters stated she has a number of issues with this item.  She advised that the Board has not discussed or authorized the Apron Project; but here it is in the Consent Agenda for funding approval.  She noted the FDOT and FAA agreements are not in final form yet; the list of projects in the draft agreement is not the same as the list of projects in the Agenda Report and neither is this the same as the list of approved projects in the Clerks Memorandum of September 2^nd; and she requested that the Board not give final approval until all documents are in final form.  She stated the false urgency represented by an eminent deadline should not influence the Board’s decision; the grant opportunities come around again; mistakes made in haste are forever; there is no federal funding of any of these projects contemplated in the Master Plan; and if the Board recalls, there was considerable concern expressed over acceptance of any FAA Development Grant funding at the time the Master Plan was adopted.  She advised that acceptance of Federal Airport Development Grant funding imposes additional reporting obligations and additional compliance obligations based on additional federal inspections forever; if federal standards are not met, the FAA can even interfere with State grant eligibility; and federal funding takes away a significant degree of local discretion in airport development.  She inquired what about the County’s commitment to keep Valkaria Airport a small, recreational-use airport; further inquired if the County is willing to take on the added burdens and reduced control for a few thousand dollars; and stated taking federal grant funding for Valkaria Airport, particularly for these small projects is short-term thinking, penny-wise, and pound-foolish.  She inquired if the Board wanted a lifetime of federal entanglement for an airport that is barely of local significance; stated if Valkaria Airport were to disappear from the face of the Earth tomorrow, 50 maybe 60 people would be inconvenienced, not harmed, inconvenienced, a 100 or so might be annoyed, but nobody’s safety, health, or welfare would be compromised; and most of the one-half million people in the County would not even notice.  She advised that most of the Board Members are Republicans; think about what Republicans stand for; less federal control, fewer federal mandates, State’s rights, more local control, and local responsibility; think about the principals each Board Member would be sacrificing for a few, small projects at a tiny airport; and finance these projects with FDOT grants and airport funds only, and get the documents in final form before approval so the Board will know what it committed to.

 

Scott Adair stated he flies at Valkaria Airport; he is a sport pilot, a recreational pilot, and he really enjoys the facility that the County has provided; the sport pilot and recreational activities he does not see being impacted by federal funding; it is a very normal process across-the-country with other small airports where he has flown; and it is also a normal process for other airports in Brevard County.  He advised that Valkaria Airport is the only in Brevard County that does not receive federal funding; TICO, Arthur Dunn, and Merritt Island Airports all receive federal funding; and he requested that Valkaria Airport not be treated any differently.  He noted, with all due respect, that some of the statements are in error regarding the Master Plan; and the draft of the FAA is the final wording, and he will leave that detail to the Airport Manager.  He stated this is a sense of urgency because if it does not happen within the next few days, at best, then that money is gone and it is gone to another airport; and he respectfully requested that the Board approve the federal funding of $300,000 plus grant, with no cost to the County.

 

Larry Hopkins stated he lives on the same road that the Airport is on; the airplanes fly over his house; and that is why this is an important issue to him.  He explained that the issue is about safety; going back, there was a young dentist from Texas that was killed at this Airport because they did not have the safety things that this money brings; and Brevard County should not be killing its pilots.  He advised the PAPI is a glide slope for people to come in, and for all the times Janis Walters has been up here and complained about noise, this is her Godsend to help her with the noise problem; and all of the people on Leghorn that have complained about noise and the airplanes mushing over their houses, that is what this alleviates.  He advised what this if for, and he is one of those houses that they come over, it keeps the airplane up high and it brings it in on a glide slope down over the runway instead of it mushing over the houses and the treetops, making all of the noise for those people.  He noted it is a safe thing; the Valkaria Airport is the only airport in the County that does not have one; and there is no reason not to, it does not cost anything from the General Fund.  He stated the FAA is honorable; they are not going to send something that is different than what the County already has; and there is no snake coming out of the grass.  He stated for the many times the Board has heard people complain about the noise, it is its time to give those people some relief from the noise in the neighborhood; requested that the Board not be snaked out of this by people that come to it and complain about noise and then about getting rid of it.

 

Mike Whaley stated Mr. Lorenc and Ms. Walters are up here again thinking they are the citizen activist supermen of the World; if that is true, then the truth is kryptonite; they cannot have anything to do with it; they never have, they never will; and no matter what the Board does, they will be here every time an Airport issue comes up.  He stated he does not want to waste a lot of time, because that has been obvious for a decade and one-half at least; they have had 15 public meetings regarding the Master Plan where this was hashed out; it did not have to be done that way; no other airports he has ever found a record, including very large facilities like JFK and DFW, have ever done that for their Master Plans; and they did it because of the controversy that this little handful of people stirs up based on just complete dishonesty and out of context, and mostly he will call it what it is, it is a lie.  He advised most people are happy with the concept; now everyone is taking up the Board’s time; it has so much to worry about that really matters; it matters, safety matters, but in the grand scheme of things, the Board is not here to take care of this billion dollar-plus budget for the County; this Airport does not take money out of the General Fund; and it is self-supporting.  He stated the FAA has already taken this money out of the fuel taxes; it is unheard of for a public airport to not even ask for AIP fund, it does not happen; and Valkaria’s never done it until recently when good management was gotten.  He noted that it is free money; if a person had a house and someone said they would put $3,000 in, give the homeowner another $3,000 to turn it into a beautiful home, and keep giving the homeowner $150,000 every year to pay expenses, and keep it up, no one on Earth would turn that down.  He stated the Airport supports everybody in the County, it is not just for the pilots; it is where people get trained; if there was no support, why would there be thousands and thousands of people who eagerly look forward to the Airfest, and be willing to pay money to enjoy just being out at the Airport that their tax money, directly and indirectly, supports.  He stated accepting the grant’s from the FAA is not going to change anything.  Assistant County Attorney Morris Richardson, he remembers specifically, said in several meetings the quit claim deed gives the Airport substantially the same grant assurance terms that the County has to follow because it owns the Airport as are in any FAA grant assurances it would get from accepting these grants for 20 years; and those in perpetuity are already there.  He stated if a couple more reports need to be sent, so be it; that is Mr. Borowski’s job; he does not see him whining about it; and he is thrilled to take on that extra work to fund this.  He stated it is crazy that the people would be jeopardized and not have basic safety equipment.  He requested that the Board just consider the source of the naysayers; most of the Board Members already know this and have dealt with it; but he wanted to get it on the record for those who may be watching at home that this is nuts; and people are going to be in front of the Board wasting its time because of this couple of people.  He explained that even the Town of Grant-Valkaria have come around and sent a letter supporting this; it understands this is the right thing to do; and requested that the Board do the right thing and bring the Valkaria Airport up into the 19^th Century.

 

Curt Lorenc stated he does not believe he is able to speak on this issue today in a meaningful way, because the final documents are not here; he did a public records request, and he has no idea what the Board is being asked to agree to; he thinks this may be some sort of Sunshine violation; but reiterated he is finding it difficult to address the issue.  He stated that the County never went down to Grant-Valkaria, the Town, to address the issue; there is a change in the Master Plan; the Master Plan has FDOT funding scheduled for these projects, and there is a change to FAA funding; and that is going to mean that the County has automatic commercial at that Airport when it accepts the FAA funds.  He stated this could be a significant impact to Malabar, Grant-Valkaria, and possibly part of Palm Bay; he believes this would be important to discuss with them; he asked Mayor Yonts if the District 3 Commissioner had been to see the Town of Grant-Valkaria, she has been in office for over a year, and the Mayor advised she had not been there to discuss the issue.  He advised it is important when the Airport is in the Town, that the Board discusses it with the people that will be affected.  He explained that taking the FAA money mean several important things to the Board; it will lose control of the Airport; it would no longer decide on the direction of the projects that affect the Airport; there are all sorts of grant assurances and other things that they are going to be new restrictions on; and it means automatic commercial.  He noted that the Board told the residents, and it is in the Master Plan, small, recreational airport; if someone wants to go commercial, the Board has to allow it; the last time he was before the Board he spoke about having a commercial airport could mean devaluing the properties of the people in the area down there; and inquired if the Board is prepared to take less tax revenue.  He stated this could be a million every year in lost revenue, and when the County is $47 million short in its budget right now, this could add to the problem; he did a quick estimate on the amount of devaluation of the property in the area and it would be about $281 million; inquired if the Board is ready to compensate those people for their property values; stated he wanted the Board to vote no on this issue; and there is funding available from FDOT, which would not cause the problems like FAA funding would.

 

Commissioner Infantini advised she has met with Mayor Yonts and never has the topic of the Airport been discussed; it did not seem to be something that was of great importance when meeting with him at casual functions; and she attended the Grant- Valkaria Council meeting.  She stated as far as property values, she believes John Travolta and his family paid a substantial sum to live very close, or live within, a fly-in community; she does not think the property value decline has been established; she has seen homes that are located in close proximity to small airports actually increase; people actually buy land there just because it is in close proximity to the airport that they want to fly in and out of recreationally; and she does not want people to have to fly far away, 50 extra miles, to land because it is raining at the Valkaria Airport, and they do not have the safe things.

 

Milo Zonka stated he wanted to respond to a few things to make sure the facts are on the record; some of the additional obligations that come with accepting FAA funds are some really nasty things like the Clean Air Act, Clean Water Act, and the County is going to have to buy U. S. Steel when it does a project at Valkaria Airport with federal funds; those are the new obligations that exist; and on top of that, there are the obligations that were already incurred by those dastardly County Commissioners back in the 50’s who took a federally-owned property and said it would maintain as an airport in perpetuity.  He advised that the 95 percent FAA funds comes entirely for aviation fuel taxes; the four percent FDOT funds come entirely from State fuel taxes; and the one percent local funds come entirely from the business activities of the enterprise fund that Valkaria Airport is; there is no General Fund, no magic money coming out of Washington, none of that stuff; and this is all existing funds that are authorized through FDOT.  He stated for what it is worth, Melbourne Airport had a special meeting last week for this exact same problem; the FAA is honorable, but it is also made up of bureaucrats, so all of the grant awards are late coming out; he is sure it will be an issue with one of the Commissioners; but basically every other airport operator in the State is doing the exact same thing right now, which is authorizing the Chairman to approve the draft, subject to the final grant being exactly the same, because there is no difference, this is just a bureaucratic thing with an announcement that has gone through.  He suggested that the Board do the same.  He stated this automatic commercial, he thinks the County has already been informed by FAA legal staff and by FDOT that, because it has accepted the quit claim deed, that all of these usages are allowed at the Airport today; and he does not think the threat that was made earlier today is going to suddenly create a commercial demand.  He advised that Arthur Dunn, Merritt Island, and Sebastian are all under the same circumstances as Valkaria Airport, and they do not have near the problems that Valkaria Airport does with certain neighbors.  He advised that when Florida froze over a few weeks ago so did Hell, because Grant-Valkaria Town Council sent the Board a letter supporting all of the safety features that are incorporated in this grant application; that says a boatload; and to him that was the greatest accomplishment of the Master Plan process, because it was a brutal process to get people informed.  He noted information, when removing fears, lies, and false rhetoric, the information compels the Board to accept these funds and do these projects; inquired if the Board is going to turn aside user-generated fees that have been created by the users in this country and State for this purpose; and he would strongly suggest that the Board accept the grant as written and to authorize the Chairman to execute the grant.  He stated regarding the statement made by an earlier speaker, “If Valkaria Airport were to disappear tomorrow”, there is no doubt in his mind that is the ultimate goal; it is an impossible goal no matter what the Board does; he encouraged the Board to be good stewards, as the Melbourne Airport Authority is a good steward of its asset, the TICO Airport Authority is of its assets, and the City of Sebastian is of its asset; and it is an obligation for safety and for well-being of all of the residents of the County.

 

Konrad Antczak stated he is a user of the Valkaria Airport; he also uses Merritt Island, Arthur Dunn, and he is a commercial-rated pilot; the things proposed here are minimal safety equipment things; this should be standard at every airport, recreational pilots or not; and as a taxpayer, he cannot say no to free money.

 

Helen Voltz stated the last time she was before the Board she said, “Here we go again”, and now here we go again; there are basically two people in all of Brevard County who come against anything to do with the Valkaria Airport; two out of over 500,000 people; and those two people rarely get it right.  She stated the length of the Airport will not allow big commercial airlines to come in there; and it is not going to happen unless they crash right on, slide in the ocean somewhere or into the river.  She advised that the Board has always maintained that Valkaria Airport will be a small, recreational airport as far as the activities there; the Board probably remembers that there are a number of things that has been discussed about Valkaria Airport; as far as a decrease in the value of the property, it has already been established that is just not going to happen; but some people think by saying it over and over again that people might start believing it; and since it came from the same people, she doubts that people are going to believe it no matter how many times it is said.  She stated the Master Plan was to take care of all of this; this is a safety issue, nothing else; it is the Board’s responsibility as Commissioners to make sure that Airport is maintained safely, because if something happens, it will be responsible; and she stated her appreciation for the impending approval.

 

The Board approved FAA and FDOT (Florida Department of Transportation) Grants/Joint Participation Agreements, Part A&B, for funds related to Master Plan identified, near-term high priority safety-related projects, specifically, 1.) Runway and taxiway painting/marking; 2.) Airport beacon; 3.) Lighted wind cone; 4.) Precision approach path indicator (PAPI); 5.) Runway and identifier light (REIL); 6.) Segmented circle; 7.) The drafting of an exhibit “A” property map; 8.) Engineered drawings for future apron resurfacing; and authorized the Chairman to sign both grants/JPAs upon their receipt to staff, consistent with the agenda, from FAA and FDOT. 

 

 

Commissioner Nelson stated he supported the Master Plan, and does support the safety improvements; and he will talk with Mr. Borowski off camera at a later date about the commercial-use question, because there is a clause in there that addresses that.

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVAL, RE:  BILLS AND BUDGET CHANGES

 

Commissioner Infantini stated she sees an item for the Board to approve, and it is for an expenditure that has already taken place for travel; if she is going to approve a bill, she should be approving it before it is spent, not after; otherwise, do not ask for her permission because it has already been spent; and now it is just paying for what a person has obligated her to pay.  She stated it was a travel request by Robert Varley; he apparently cancelled a trip and sent another member of his party to England; and now he went on a trip to Berlin, Germany, and exceeded the allowable amount by more than 20 percent.  She stated it looks like the trip took place from March 10^th to March 14^th.  She advised she does not approve invoices that have already been incurred; and reiterated that if a person wants to ask her permission, ask for it, but not beg for her forgiveness.

 

She noted there is also an expenditure for Merritt Island Redevelopment Agency to approve $400,000 for the Fortenberry Stormwater Development Improvements; this is just additional money that has to stay with the Merritt Island Redevelopment Agency; and they will get the nice retention pond for future development 20 years out, spend $400,000 in capital expenditures to monitor it, and then buy blue crab in Merritt Island.  She stated she is starting to see a great deal of money flowing to Merritt island, she thinks it is a wonderful community, and if they would like to be a city she would encourage them to incorporate so that they do not have the County Commissioners functioning as their city council people.  She advised she cannot approve the Budget Changes Requests for those reasons.

 

The Board approved bills and budget changes as submitted. 

 

 

The meeting recessed at 11:07 a.m. and reconvened at 11:16 a.m.

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Andy Anderson, Commissioner District 5

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

NAYS:                 Trudie Infantini

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APPROVAL, RE:  REQUEST FOR PROPOSALS (RFP) FOR MISDEMEANOR PROBATION SERVICES AND PRETRIAL SERVICES

 

Judge Judith Atkin stated she is a County Court Judge and the Administrative Judge for the County Court.  She advised on Friday they were notified that the Board is considering privatizing probation; at this point they have no position with respect of whether the Board should privatize or not, they just have a lot of questions; and not that she expects those answers today, but they are questions that need to be answered and determined before a decision should be made on this subject.  She stated one judge recalls that until roughly 20 years ago probation was ran by the Salvation Army; the County decided, for whatever reason, to take it away from the Salvation Army and do it itself; and inquired what has changed to make the County feel that privatization would work better now than it did at that time.  She stated they have had virtually no time to look into these matters.  She inquired will the profit motive and budgetary pressures drive the decisions to violate and cut the caseload of a given employee or conversely to not violate so as to be able to continue to access cost of supervision.  She advised if the Board has any questions about how the process works she may be able to help with that.  She inquired if the existing Probation Officers be retained at comparable pay and benefit levels or will the privatized jobs go to the lowest bidders.  She stated if business represents it will retain all qualified Probation Offices at comparable pay and benefits levels, and will these assurances be incorporated in the contract; and will the privatized officers have similar caseloads and be equally available for court.  She noted philosophically it seems troubling the concept of a for-profit business holding the keys to the jail so to speak.  She inquired how will continuity be maintained in the transfer of responsibilities so that defendants are not victimized by a disconnect in supervision; will the profit-motive create more cynicism in the system; will low-income defendants be disadvantaged by their inability to pay due to the profit motive; stated these are all questions that have been made; and the proper time to investigate before it is put out for bid.  She stated she realizes the request for bids is preliminary in that it does say in the request that it does not promise that the Board in fact privatize as a result of the request; but she is not sure it is not moving a little too fast; and perhaps a committee should be set up to look into all of the issues, to report back, and make a recommendation before the step is taken of requesting bids. 

 

Commissioner Fisher stated one of the things, after listening to Judge Atkin, is that he has a little concern of making sure the RFP is right, because there have been some issues in the past; and inquired if those questions would be answered when putting out the RFP, or is that something the Board needs to look at and study a little bit.  He inquired if this is something that the Safety Council could take up as an agenda item to help with some of these questions before going to RFP.  County Manager Howard Tipton advised the RFP that staff is using was developed by Volusia County, which has gone through this process previously, but staff is adjusting it for Brevard County’s conditions; but it is a tried and tested approach.  He stated he appreciates the Judge’s comments and concerns, and for someone who spent the last 11 years working in the justice system, he can understand the need to make sure that the continuity is there, make sure faith in the folks who are doing the job is justified; staff has looked at working with the folks who might be bidding on this or putting in a proposal; they would anticipate that they would be taking the employees if the Board were to go that route; it is just difficult to find folks who have that training and certification; and it would be his anticipation that they would be going onboard if it were to be determined that was the smart thing to do.  He stated this was primarily driven through trying to look at cost-saving opportunities throughout the organization; that is where the idea generated from; and the Board will be seeing this, not only in this area, but in additional areas across the organization.

 

Judge Atkin stated people who go on probation or pretrial services have to pay cost of supervision; many of these people are unable to pay or sometimes the fees are waived or reduced; and inquired if those costs of supervision are currently paying for the system, and if not, how much does it have to be supplemented.  Mr. Tipton advised the fees pay for everything except approximately $850,000 a year.

 

Commissioner Anderson stated this is one of those hard decisions that the Board knows it will have to face; he is a big advocate for privatizing certain things in government to find those cost savings to alleviate the burden; as far as the PSCC hearing this, he does not have a problem talking to them about it, however, they do not make the decisions of what money goes into the County; and while they may have strong opinions about this, they do not have to face the taxpayers.  He inquired if it is possible to do a pilot program where the Board can just do it for a year, reevaluate it, bring it back, and if it does not work, let those employees be reinstated.  Mr. Tipton advised it is possible but practically very difficult; once the structure of the program is removed and turned over to a private entity, there would be the costs of reassembling that talent and that program; and it is one of those decisions that if it is done, he would suggest it be done for several years to make sure to get through the transition period.

 

Commissioner Nelson stated maybe the best way of doing this is to incorporate someone from the judicial system into the actual process, so that by the time it gets back to the Board, the answers will all be ready, which is what the Judge is looking for.

 

Mr. Tipton advised there is the opportunity, if they would be willing to participate in the selection committee, which is made up of County staff related to the criminal justice area, and he would welcome the expansion of that if that would be appropriate.  Commissioner Nelson stated he would be interested to hear, when getting to that final moment, to have four who say he or she thinks it is a great idea, but a judge saying these are the issues he or she has, and they have been involved in that system; and he thinks that is very compelling. 

 

Chairman Bolin inquired if Judge Atkin would consider being on that committee; with Judge Atkin responding affirmatively; and she inquired if there can also be someone from the State Attorney’s Office, Public Defender’s Office, and Probation Office who deals with this every day.  Chairman Bolin advised it is a small committee; Judge Atkin could get their input; but there cannot be a committee of 30 people.

 

Commissioner Fisher stated that is why he was wondering if the Public Safety Council could handle it; they have a State Attorney’s representative and judges.  Commissioner Anderson stated he believes it is better to just move forward with the privatization; it could be tied up forever; and this is not just one item that is going to affect the County’s budget.  Judge Atkin stated she thinks three people should be on the committee, someone from the State Attorney, Public Defender, and Probation.  Chairman Bolin stated the Board will take Judge Atkins’ comments into consideration.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to appoint Judge Judith Atkin to the Selection Committee to review Request for Proposals (RFP) for misdemeanor probation services and pretrial release services.

 

 

Commissioner Fisher stated he thinks the Board should take Judge Atkin’s recommendation.  Commissioner Infantini stated that would be like expanding the whole process tremendously.  Commissioner Fisher stated that is okay.  Commissioner Infantini stated that the selection committee is pretty diverse already; there is Shaunna Heffernan who is in charge of all of the probation system, Isabel Kennedy, Jail Population Coordinator, and adding the Judge; otherwise it will be too weighted down; and the Board can accept or not accept their recommendations.

 

Commissioner Fisher stated his concern is there is the low-income, so there would be the Public Defender’s Office, and that input is needed; the State Attorney’s input is necessary as well; and he thinks Judge Atkin had a great idea.  He stated he will support the committee but he wanted to expand it by three people.

 

Commissioner Anderson stated there is another opportunity, Judge Atkin sits on the Public Service Commission, and maybe she could use that committee to bring the views back to the purchasing committee.  

 

Commissioner Infantini stated that is what she wanted to suggest is for Judge Atkin to take it back to that committee so their input would still be gotten, which is really what is being looked for; she does not need 15 voting members; and there could be 15 people to provide input and suggestions.

 

Commissioner Fisher stated having input and having people bring up discussions that the Board may not think about is worthwhile, because it will not have all of the answers to the questions; and he thinks it is helpful, especially if the Board privatizes something, it needs to be right before it is done.

 

Mr. Tipton stated he wanted to assure the Board that staff understands that the criminal justice system is a system and that there are a number of interested parties in this; and staff would take those impacts into account as going through the recommendation process.

 

Commissioner Infantini stated she does not want to add someone from the State Attorney’s Office and the Public Defender’s Office to the committee, but if they would like to attend the meeting that would be fine.  Commissioner Infantini stated she wanted to leave the motion with adding one person to the selection committee with the ability to take all of that information and receive ideas back and forth from the other committee.

 

Commissioner Fisher stated he cannot support the motion.

 

Commissioner Nelson stated he cannot support that either, because that is putting a judge in a position of running back forth between the State Attorney and the Public Defender; first of all, it is awkward; and he thinks the Board could get more bang for the buck out of inviting them.  He advised if the State Attorney and Public Defender do not want to participate, then that is their choice.

 

Commissioner Anderson stated he will support the motion, because if the Board adds all of those elected official bodies there will be too much politics into something that just needs to move forward.

 

Judge Atkin stated one of the services that is provided at probation is the pretrial diversion program, it is taken care of at the probation office; that is a program totally controlled by the State Attorney’s Office; she has no authority over it and no one else has authority over it except the State Attorney; and since that would be one of the functions of the provider, she thinks the State Attorney needs to be on the committee, and if the State Attorney is on the committee, the Public Defender’s Office needs to be on the committee as well.

 

Chairman Bolin called for a vote on the motion.  Motion died.  Commissioners Fisher, Nelson, and Bolin voted nay.

 

 

The Board approved the issuance of Request for Proposals (RFP) for Misdemeanor Probation Services and Pretrial Services; and appointed a selection committee consisting of Assistant County Manager Stockton Whitten, Criminal Justice Services Director Shaunna Heffernan, Jail Population Coordinator Isabel Kennedy, Judge Judith Atkin, a Public Defender’s Office Representative, and a State Attorney’s Office Representative. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PUBLIC COMMENT, RE:  ANNA BROWN - WINOGRAD SEMINAR

 

Anna Brown stated that everyone is invited to a seminar by Nathan Winograd called Building a No Kill Community; Nathan Winograd is the leading proponent of the No Kill Movement in the U.S.; the timing on this is perfect because Animal Services and Enforcement have a great new Director who has gotten Brevard County started on a great role towards achieving the goal of a No Kill community; and one of the great advantages of the Board attending this would be that it would give it a clear and deep understanding of just what it is the Board has agreed to in pursuing this goal.  She advised any misconceptions are going to be disbursed, any questions will be answered, and the Board will have the insight of exactly how this will be accomplished.  She noted it does come with a perk, there is no charge if a person is a Commissioner, County Manager, or Assistant County Manager; the Board has a flyer with the details and directions to the site on the FIT Campus and it will be posted on their website as well; the public is invited, they do have to pay $8 to get in; and Nathan’s new book is also available, Irreconcilable Differences, and he will be signing. 

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PUBLIC COMMENT, RE:  JERRY BRINEGAR - CODE ENFORCEMENT FINES

 

Jerry Brinegar stated what he put on the card is One Nation Under God; he wants to talk a little about God today; he thinks a lot of people say here comes that old man with his book; at one time he used to be handsome and young; and the Board’s time is coming.  He read from the New Testament.  Mr. Brinegar advised Jesus has to come first.  He stated people are going to be responsible for everything he or she has done; he feels sorry for people who have huge debts over them; the Board could consider taking those debts away from them and just let people lives their lives; and it is wrong to do what the Board is doing.  He advised he made the statement that it is the system and not the people; it is not the system, he was wrong, it is the people; the Board has the authority given to it by God to change these things; and he would hope the Board would look into it a little more.

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PUBLIC COMMENT, RE:  MARY BETH HENSHAW - THE EXTENSION SERVICE AND THE BREVARD COUNTY FAIR

 

Mary Beth Henshaw, Member of the Extension Advisory Committee, Appointed by Robin Fisher, stated she wanted to bring the Brevard County Fair to the Board’s attention and to the part that the Extension Services plays in the Fair; the County is facing challenging budget times; the Extension Services does receive significant funding out of the General Fund; and it is important that the Board know what they are doing right now.  She stated the Extension Agents are working at the Fair the full time; they are teaching many different classes that are free to people coming through the Expo building; and the two students who spoke earlier in the meeting today, that were winners in the Tropicana Speech Contest, really emphasize some of the successes in the teaching that is done by the Extension Services.  She stated if a person goes to the Fair to the Expo building he or she will see the result of a piggy bank competition that was conducted in the schools as part of financial training for the students; people can drop a coin in and vote for which piggy bank should win the overall contest; there are also garments that were sewn by some of the students in the Titusville High School Fashion Program, which is a highly acclaimed program within the State; and it is the staff of the Extension Services who organize these contests, set them up, have gotten judges, and they have done an excellent job.  Ms. Henshaw noted that the Brevard County Fair is not only the trademark Ferris wheel, it promotes competition in many different skill areas, and competition promotes excellence.

 

 

PUBLIC COMMENTS, RE:  MILO ZONKA - THE CENSUS, CITY OF PALM BAY’S STREETSCAPING PROJECT, BAYFRONT REDEVELOPMENT AGENCY, AND PUBLIC SAFETY ISSUES

 

Milo Zonka, Palm Bay City Council, stated he wanted to echo Commissioner Infantini’s comments relating to the Census; there have been concerns because there have been Palm Bay residents that had Melbourne on their mailers; and he wanted to make sure they were counted within the great City of Palm Bay.  He stated most cities, and probably the County as well, provided a list of all of the mailing addresses in their jurisdictions to the Census prior to the mail going out.  He advised he wanted to report that the City of Palm Bay has had some permitting issues with doing its streetscaping project on U.S. 1; those have just been resolved with FDOT and St. Johns River Water Management District, so that project is out for proposal; it will be the single largest infrastructure improvement in that district, paid for by that district; and he cannot tell the Board enough what has happened so far as the overall reduction, blight, and crime, and the investment that is being made in a portion of the City that desperately needs it; and the City is extremely proud of the Bayfront Redevelopment Agency as he is sure the Board is of its, and each city is of its redevelopment projects.  He noted the City of Melbourne has certainly done an outstanding job tackling its areas of blight and areas needing redevelopment; and these are agencies that warrant the Board’s support now and forever.  He stated since the PSCC came up, that is first time he has heard the mention of that agency or anything from it since its last meeting; the legislature is halfway through and budget documents are finalizing this week, so the PSCC route was pretty  much a failure in trying to get some opinions put out early, often, and loudly before the State legislature decided what its budget was going to look like; and everyone will just deal with the cuts and further compromises to public safety; and hopefully after the fact it will be decided that maybe that route was the wrong route; and everyone can get together again and look forward to as a County and as a number of agencies working to protect its residents be more effective in making some noise and responding to some of the things that the legislature is doing that is compromising the safety of the residents.  He advised it did not work this time; by the time the PSCC meets and decides it wants to issue a memo or do whatever it is going to do next, the legislature will be sitting back at home rejoicing over the bills it passed that saved the State a bunch of money and put a bunch of new felons back on the street; he encouraged the Board to try this again; he is not done with it, a lot of folks are not done with it, and he hopes the Board is not done with it; and there is more work to do.

 

Commissioner Fisher inquired if the PSA issued a resolution that began this process; with Commissioner Anderson advising they issued a resolution that was based on the language they received from the League of Cities. 

 

 

Commissioner Infantini inquired if anyone traveled to Tallahassee; she knows there are a lot of people traveling to Washington, D.C. and Colorado Springs; a lot of the travel revolves around creating and saving jobs; and inquired if public safety and avoiding the problems before they happen, because when these changes take place, if they do take place, the Board will behind the eight ball trying to get them go back and change.  She stated maybe the Board should be spending some of the travel dollars more locally just driving up to Tallahassee working with those legislators to get them to stop releasing criminals on the streets; and also have not quite so many people focused on getting jobs, that can be used for the Lobbyists, because they seem to be somewhat well-paid, rather than spending all of those dollars traveling all over the country.

 

Chairman Bolin inquired if Commissioner Infantini would like authorization to go to Tallahassee; with Commissioner Infantini responding affirmatively.  Commissioner Infantini stated she thinks a lot of it can be done by correspondence with emails and communications; she will be glad to go to Tallahassee, but a lot of the people are going to be returning shortly, and she would prefer most of her correspondence with emails, letter-writing, or telephone calls; she thinks that is just as effective; and it is difficult to see 10 different people, but on one day ten different telephone calls can be made.

 

Commissioner Fisher stated emails and telephone calls are not the same as relationships; he thinks it is great to build relationships; and he thinks a person should physically go see them. 

 

The Board granted permission for Commissioner Infantini to travel to Tallahassee representing the Board regarding public safety issues.

 

 

Commissioner Anderson stated he echo’s Commissioner Fisher’s comments; he comes from the old school; it is hard for someone to lie to him when he or she looks him in the eye; and it is easy for people to lie to him over the telephone or on email.

 

Commissioner Infantini stated she may not travel all the way to Tallahassee; she may be able to do more rather than going far within one circle radius; more people can be reached; she happens to know how far it is as her daughter went to school in Tallahassee at Florida State; and within two hours proximity she can travel and see a lot more people in less amount of time and travel costs.

 

Chairman Bolin inquired where is she going in two hours; with Commissioner Infantini responding West Palm Beach is less than two hours away; Volusia County is less than two hours away; and there is a lot of places that are less than two hours away.      

 

Commissioner Anderson stated the issue is if there is a Senator or Representative who sits on a committee that oversees justice, he or she may be in the Panhandle; and Commissioner Infantini will have to determine that on her own.

 

Commissioner Fisher advised Commissioner Infantini has to travel to Tallahassee as that is where all of the representatives are.

 

County Manager Howard Tipton stated staff tracks the legislative process closely each week; they are getting updates as to the tracking of the bills; the Sheriff’s Association, as well as the other public safety agencies, are tracking the bills that they believe will have an impact to the justice system; and there is a great deal of information that is being shared and watched very closely.  He noted that the State’s budgets are built in the Fall and late Summer for the following years; and to have the most impact in terms of impacting its budget, it is best to get into the State’s process over the late Summer and early Fall.

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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PUBLIC HEARING, RE:  ORDINANCE AMENDING CODE OF ORDINANCES OF BREVARD COUNTY, FLORIDA, PERTAINING TO PERMITS, FIREARMS, FIREWORKS, AND WEAPONS

 

Chairman Bolin called for a public hearing to consider an ordinance amending Code of Ordinances of Brevard County, Florida, pertaining to permits, firearms, fireworks, and weapons.

 

There being no objections heard, adopted Ordinance No. 10-08, amending Code of Ordinances of Brevard County, Florida pertaining to permits, firearms, fireworks, and weapons.

 

Commissioner Fisher inquired if the County owns the Stadium; a person cannot take a weapon into the Stadium and is it exempt for some reason; and further inquired if there is a way to exempt Parks and Recreation.  County Attorney Scott Knox advised that a weapon cannot be taken into the Stadium; but the Board can go to the legislature and request that it put the word ‘parks’ in the exemption Statute.  Commissioner Anderson stated until he knows where the nation is going as far as the Second Amendment rights, and he will not ask a legislature to add any additional laws regarding firearms.

 

Commissioner Nelson stated a person is prohibited from taking a gun to a high school athletic program but he or she can take it to a Little League game; he is not sure how the difference between those were decided; maybe the Board can get some clarification; the Ordinance needs to be cleaned up first, because of the way that the law is written; but maybe parks is too broad, but within a definition that would be similar to the kinds of things where they are already precluded from taking them.  He noted he does not see the justification for taking it to a Little League game.

 

Commissioner Anderson stated this pertains to people with concealed weapons permits who have had background checks and have to be upstanding citizens to even receive it; what is being said is that law abiding citizens cannot carry their weapons; and the thugs are still going to carry their weapons in the parks and into the Stadium.  He stated what burns him up is Judges can carry their weapons in the courtroom but he as a County Commissioner cannot carry his to a Board meeting; there is discrepancies on the law; and the best thing to do is enforce the laws that are on the books and get rid of the thugs.

 

Commissioner Nelson stated all of the arguments Commissioner Anderson made about taking a gun to a Little League game are the same arguments that could be made about taking a gun to a high school football game.  Commissioner Anderson stated he is under the stance if a person has a concealed weapon permit and he or she has been vetted to a system, with the exception of areas that serve alcohol, because even if a person has been vetted they may lose their mind, that he or she should be able to carry it.  He inquired why would a law abiding citizen who has been screened and vetted into the system not be allowed to carry a gun to a high school game.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVE OFFER OF JUDGMENT TO 7-ELEVEN, RE:  BARNES BOULEVARD WIDENING PROJECT

 

County Attorney Scott Knox stated staff is seeking authority from the Board to offer up to $41,000 and $45,000, which involves business damage claims made on Barnes Boulevard by the 7-Eleven; the expert witness looked it over; and his recommendation was to make an office of $41,000 to $45,000.  He advised it will allow the County, when it ends up filing an eminent domain suit, to issue an offer of judgment.

 

Don Griffin, Planning Director for the City of Rockledge, stated this has always been a joint project for the last 20 years of getting the four laning of Barnes Boulevard; and without the Board and the Rockledge City Council they could not be where it is at of almost being on the threshold of having this four-laned.  He stated the City’s Redevelopment Board has a sub-committee, which gives waivers; Mr. Denninghoff and his staff have come before it many times and have received every waiver possible to reduce all costs on this project; and the City of Rockledge has given everything humanly possible to have the least amount of damages to these businesses.  He expressed his appreciation to the Board.

 

Mel Scott, Assistant County Manager, stated the preferred option on VII.A.1 and VII.A.2 is Option 2 on the Agenda Report.  Chairman Bolin inquired if Mr. Scott could describe Option 2.  Mr. Scott advised Option 2 provides staff and the County Attorney’s Office the flexibility within that range to make the initial offer.

 

*Chairman Bolin passed the gavel to Vice Chairman Fisher.

 

The Board approved Option 2, offer of judgment to 7-Eleven in the amount between $22,784 and $45,565 for business damages, contingent on the County receiving fee simple title. 

 

MOVER:             Mary Bolin, Chairman / Commissioner District 4

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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APPROVE OFFER OF JUDGMENT TO ADVANCED AUTO PARTS, RE:  BARNES BOULEVARD WIDENING PROJECT

 

The Board approved Option 2, offer of judgment to Advanced Auto Parts in the amount between zero dollars and $41,264 for business damages, contingent on the County receiving fee simple title. 

 

*Vice Chairman Fisher passed the gavel back to Chairman Bolin.

 

MOVER:             Mary Bolin, Chairman / Commissioner District 4

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

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ACKNOWLEDGE, RE:  RECEIPT OF ANIMAL WELFARE WORKING GROUP (AWWG) “BASE AND SHELTERS FINAL REPORT”; RECONSIDERATION OF TIMEFRAME FOR PROCEEDING WITH SHELTER REQUEST FOR PROPOSALS (RFP); AND RENAMING AWWG

 

Animal Services and Enforcement Director Michael McFarland stated the report by the Animal Welfare Working Group, which Ms. Gott is going to present, has been a project, prior to his arrival, for approximately the past year; they were asked by the Board to review department policies, procedures, and issues that had come before them; one of those tasks were to look at an RFP for the potential of privatization of the animal shelters both in Titusville and the Melbourne facility; and they have been working very diligently over this past year, and Ms. Gott will present the report to the Board at this time.

 

Lorraine Gott, Chairman of the Animal Welfare Working Group, stated the Board should have already received a copy of the final report issued by the AWWG.  She advised this report was started several months ago; they were just another group to try to get help for the animals in the shelters; they thought the best way they could be helpful would be to delineate the major issues confronting the shelters and Animal Services, and to divide themselves into subgroup, each subgroup taking different issues; they started with the issues they felt were most important; and they then worked their way down the list.  She stated on the one hand this report is highly critical and deservedly so, but on the other hand it is filled with very useful suggestions of what can be done to improve shelter operations.  She noted that once Michael McFarland came onboard in January, it quickly became obvious to them that it was no longer necessary for them to continue this minute overseeing of Animal Services and shelter operations; they wrapped up the report at that time; and this is what is before the Board today.  She explained this report, along with four audits that were conducted by the Clerk of Courts Office between 2003 and 2009, and the shelters assessment that was conducted by the University of Florida recently, do still serve a purpose even with Mr. McFarland onboard; they serve as a history of how bad things had become at the shelters; they serve as a blueprint for how to right the wrongs; and they also serve as a cautionary tale for everyone to make sure that it never happens to the shelters again.  She advised Mr. McFarland recently wrote an email to some volunteers, which he said, “How we treat our animal companions is a clear indicator of a community’s underlying compassion and caring.”  She advised the group agrees with that.  She advised the AWWG understands that the County does not have any more money or resources to provide to the shelters; but what has plagued the shelters has not been a resources problem; and it is has a leadership and management problem.  She stated now that Mr. McFarland is onboard, he understands this; from the very beginning of his time with the County, he used the Group’s report, audits, and the University of Florida’s shelter assessment as his guide to immediately begin taking actions that were badly needed for improvements in the shelters; and he did this knowing that there was no additional money, and he did not need any additional money.  She stated Mr. McFarland has said that he believes the shelters are now on a road to become a model of how a community should care for its animals; they believe him when he says this; and finally now they also feel hopeful that under his leadership the shelters will finally become worthy of the animals they serve.  She stated this brings her to the issue of privatization; the Board asked them to make a recommendation regarding privatization of the shelters, and their conclusion was that consideration of privatizing the shelters be postponed for one year to give Mr. McFarland’s efforts a chance to produce results.  She advised the Animal Welfare Working Group recommends revisiting the issue in March 2011 to consider whether privatization can deliver the same quality of services for less costs than that resulting from Mr. McFarland’s efforts.  She stated that is the end of her comments on the report; and it leads her to the other issue, which the Animal Welfare Working Group is requesting, and that is that the Board change their name.  She advised it has been almost a year now and she still does not understand the name; it does not reflect what they do and their purpose; and they are requesting that the Board simply rename the group the Animal Advisory Board.

 

Commissioner Anderson expressed his appreciation to County Manager Howard Tipton and Animal Services and Enforcement Director Michael McFarland; his email and telephone has almost ceased on this issue; he was an advocate of privatization, but he thinks the recommendation by the AWWG is a good one; real results are now being seen; he is willing to wait a year; but the Board needs to look at it as cost benefits in a year.  He inquired if that has to be a formal Agenda Item to change the AWWG’s name.  Mr. Tipton responded that he did not think that there is any requirement to advertise for that, the Board has the ability to set the duties and names of these advisory board’s as it sees fit.

 

Commissioner Fisher stated the Board should acknowledge it received the report, but it does not commit any financial dollars at this time.  He stated the Board just talked about privatization of probation, and staff is going out for RFP; and inquired why the Board would not do the same thing here, because there is going to be other agencies that it might have to do that within the County.  He stated if it is good enough for the justice system that it is good enough to look at this as well.

 

Chairman Bolin stated she thought about the advantages of doing an RFP, but she thought further on it; inquired if the Board gives a year to redoing the shelters and bringing them up to a different level, would it change the scope of the RFP from what it is today that the Board would be asking for, versus the standard it would have a year from now; and stated that is where her concern was that there may be a difference.

 

Commissioner Anderson stated to piggyback on what Commissioner Fisher asked, he and Mr. McFarland had a discussion about the privatization; and inquired if Mr. McFarland could relay what was discussed to Commissioner Fisher. 

 

Mr. McFarland advised there are two issues primarily with privatization; first, clearly the type of organization that would take on privatization would most likely be a non-profit situation; 25-plus years ago there were some profit companies, but they all failed, because unfortunately animal services is not a profit-oriented situation; however, there are many organizations throughout the nation, non-profit organizations, that have been involved in taking on public animal services programs; in the last 10 or 15 years, based on the fact of the rise of the no-kill movement, these private humane societies and organizations live and breathe on donation; and because of that movement, they have gone away from open-admission shelters, which any public facility must be, meaning they take any animal that comes to the door.  He stated there is a control mechanism by a private organization of refusing animals that are not clearly adoptable animals; thus, they have gone away, they ended contracts, he has been involved in counties where that has happened, and there is less and less of those organizations; and he cannot speak specifically for Central Brevard Humane Society or North Brevard SPCA, but the indicators that he has is it would be very difficult for a non-profit organization to step into that role just based on their own mission statement.  He stated the other thing is, he has been personally involved in consulting for both cities and counties in non-profits and reaching into privatization of these types of organizations; and generally speaking, with a lot of the changes, it more relates to what the Chairman has spoken about as what level of service is being looked for; and depending on where it is and what is done within the next year, if that could be a situation where costs could be covered.  He stated there was a tendency 15 or 20 years ago with the non-profits to do anything it takes for the animals because the donor base was available; what has happened in recent years is there is basically two sets of books, a book of the public contract and a book for the donor-side; and the spirit of assistance to the public agencies from the non-profits has been changed.

 

Commissioner Infantini stated she was originally interested in privatizing because of the mess that the shelter situation was in, and now that everything has been turned around so much she is not; if she thought there would be cost savings to be had she would be all for it; but currently she does not think with how tightly that budget is ran, there would be cost savings.  She stated since the Board just gave someone the reins and they do such an excellent job, to reduce their scope of authority at this point in time seems ridiculous.  She stated she thinks the Board should leave it as is and no go forward with an RFP at this point in time; it can revisited in one year; and if things have changed and Mr. McFarland has not been able to keep up the improvements, it can be considered at that time.

 

Commissioner Anderson stated the other issue that came up in the conversation is the Brevard County School Board has a foundation that is a non-profit it uses to raise money for it activities; and inquired if the County is looking at doing something to that effect.  Mr. McFarland replied that at the first organizational meeting they looked at a 501(c)(3) as an auxiliary to the shelters as sort of a long-range goal of a public/private partnership; there is a number of public organizations in this country that are moving towards that; Reno, Nevada, San Diego County, and a couple of others have done that; and they believe that Brevard County has those types of resources in the community to join with them and build upon that.

 

Commissioner Infantini stated she had the fortune of being able to attend a meeting last Thursday along with Dana Blickley, Clerk of Courts Office, Lorraine Gott, on her own time, and some other special people attended about forming a 501(c)(3), which would be the non-profit arm similar to Friends of the Library.  She advised that Mr. McFarland is doing a great job on County time and off County time trying to organize and raise money outside of coming to us for budget money.

 

Commissioner Nelson stated originally he supported going out for RFP but only because he thought the Board needed to have the comparison; there is a history of where there had been problems with other groups running the shelters; he is willing to let it go for a year as well and see what happens; and he and his computer appreciates the work Mr. McFarland has done.

 

The Board acknowledged receipt of Animal Welfare Working Group (AWWG) “BASE and Shelters Final Report”; reached consensus to delay the shelter privatization RFP efforts for 12 months; and reached consensus to rename the Group to “Animal Advisory Board”.

.

 

DISCUSSION, RE:  PROPOSED LETTER TO BREVARD COUNTY LEGISLATIVE DELEGATION CONCERNING CHAPTER 201, FLORIDA STATUTES, EXCISE TAX ON DOCUMENTS RELATING TO REQUIREMENTS FOR PAYING DOCUMENTARY STAMP TAX UPON TRANSFER OF REAL PROPERTY

 

Commissioner Infantini stated she likes Option 1.  She stated either documentary stamps should be paid by her constituents every time he or she buy and sell houses, or they should not be required at all.  She stated right now everyone is crying taxes are too high; either get rid of documentary stamps for everyone or charge them to everyone; but there is not special classes or categories of individuals; where a person has a $50 million piece of property he or she is exempt from documentary stamps; but if a person has a $200,000 piece of property, the person has to pay them.

 

Commissioner Fisher stated the only way a person can get out of paying the documentary stamps is if they had a corporation that signed a stock over; and inquired if an individual owned a house and the house was in a corporation, they could do the same thing.  County Attorney Scott Knox advised they could but he or she would not qualify for homestead exemption.  Commissioner Fisher stated they could transfer it over and take advantage of the same loophole as this; it extends to individuals; he is not interested in changing loopholes and tax laws; and he would not support changing anything.

 

Commissioner Anderson stated his only issue with this is that corporations and small businesses, most are small businesses especially in this community, get leaned on heavily; after they purchase a property, they do not have the homestead exemption like he does; and he is not in favor of asking job generators to pay more taxes.

 

The Board took no action regarding proposed letter to Brevard County Legislative Delegation concerning Chapter 201, Florida Statutes, Excise Tax on documents relating to requirements for paying Documentary Stamp Tax upon transfer of real property.

 

 

BOARD DIRECTION, RE:  ECONOMIC DEVELOPMENT COMMISSION AND RELOCATION OF CORPORATE BUSINESSES

 

County Manager Howard Tipton stated this item relates to the Florida Statutes providing for a confidentiality agreement to be held between an economic development commission and a business that is looking to relocate; it can be confidential for 12 months; there is also an opportunity in another part of that to extend that an additional 12 months; but within that Statute it talks about a public officer or employee and their ability to contract or otherwise obligate their agency; and it provides for specific requirements, and one of them is that they are officially acting in their capacity.  He advised as a result of reading that and understanding some of the history, he wanted to get direction from the Board, because the County does, in the area of economic development, have the opportunity to go into confidential agreements periodically; and there is actually one in the works that he has been made aware of to negotiate a business entity here to Brevard County.  He noted that he has proposed as a starting point that the County Manager or designee would be the one representing the County in these confidential negotiations; but it is the pleasure of the Board of how it would like to direct that.

 

Commissioner Anderson stated he does not mind the County Manager speaking with companies in confidentiality, however, he will never vote in favor of any possible tax incentives if he does not know who the company is; if anything comes in front of the Board, that corporation knows that he needs a non-disclosure and to speak to them; the voters expect the Board know who it is approving things for; and as long as everyone is clear on that, it is fine.

 

Chairman Bolin stated the County Manager should be a person who could be under the confidentiality act; she spoke with County Attorney Scott Knox, and he feels that it may be advisable that he would have the ability to do so as well; strictly because of some of the legalities that may come up.  She stated she thinks the Chairman of the Board should have the ability to go under confidentiality; and usually the Chairman is the liaison to the EDC as it stands; every year there is a new Chairman and the Chairman appoints the people to be the liaison to the different committees.  She stated another reason she believes the Chairman would be a good balance is, because there is the County Manager who has the mindset of how it affects County government, the balance of the legal aspect with the County Attorney, and the third balance of the County Commissioner who would have the mindset of the Commissioners and how it will affect Brevard County.

 

Commissioner Nelson stated he does not have a problem within the initial stages, but there is a point where individual Commissioners may become involved in that discussion.  He stated with Project Jaguar, the Board Members signed confidentiality agreements, which meant that they could know who the company was, but the Members could not say who that company was; additionally, it had to come back to the Board for a final action; it was covered by the Sunshine Law; and when it got back to the Board it was a 3:2 vote.  He stated on the positive side they are under construction today.  He stated at the initial stage the Chairman would be the appropriate person; but he thinks there is also a point where individual Commissioners may want to participate and sign the confidentiality agreement.

 

Commissioner Infantini stated it would be one thing if the County Manager worked on it in confidentiality, but once it is permissible for one Commissioner to be made aware of who the company is, she would like that all five Commissioners be made aware.  She advised if there was a project and she asked the EDC what was the company name and they said they could not tell her, yet it turned out that other Commissioners knew; and she would like to be included in the loop, because she is also an elected official.  She stated when the Board approved the budget, not all Commissioners approved the EDC budget, and it was said the Board could revisit it after six months; some of the promises that were made by the EDC were to provide 2,250 jobs within three years, and so far within the last six months there have been less than 100 jobs created; inquired when the Board is going to be ready to evaluate the criteria for which the EDC is being used for, what are the goals that must be reached in order to continually fund this at a rate of $1.5 million; and inquired if the Board can decide at the next Board meeting what the goals and objectives are that it expects from the EDC in order to sustain its budget.  She stated she would like obtain the financial data submitted to NCDS, the organization that did the study from 2003, and so far she has not been able to receive that.

 

Commissioner Anderson stated he will direct his appointee Tony Mazzone to make sure that is brought up at the Economic Development Commission board meeting to try to get that information to Commissioner Infantini.

 

*Chairman Bolin passed the gavel to Vice Chairman Fisher.

 

The Board approved including the County Manager, County Attorney, and the current Chairman of the Board to assist the Economic Development Commission in its efforts to relocate corporate businesses and negotiation of the confidentiality agreements; and directed that all Commissioners be included in the process before the final action. 

 

 

*Vice Chairman Fisher passed the gavel back to Chairman Bolin.

 

MOVER:             Mary Bolin, Chairman / Commissioner District 4

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

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.

CITIZEN REQUEST - REVEREND EARL MEDLIN, RE:  REQUESTING BOARD OF COUNTY COMMISSIONERS TO NOT ENFORCE STATE BUILDING PERMITS

 

Reverend Earl Medlin stated he is not trying to change State Law and Building Codes, he is trying to get the Board to revise and review some of the Building Codes that are the most egregious, oppressive, and intrusive ones; the Board should revise the Code that requires a survey when the footprint of the building is not being expanded; the Code that requires to have an architectural, structural engineer designer to draw an entailed drawing of what he is going to do, which would be a load-bearing wall; and all he wants is for people in his position, and in other circumstances like this, not to have to jump through a lot of bureaucratic hoops, spend a lot of money on egregious fees and services, and stuff like that in order to do something.  He advised the amount he would have to spend on engineers and all this other kind of stuff would exceed the cost of what he wants to do; he simply wants to enclose a carport to turn it into something that looks similar to a garage so that the wind can be kept out to keep it from blowing off; and if the Board is concerned about the public around him, then why does it not get out of the way of people under circumstances like this, allow them to secure that against the wind so it does not blow over into a neighbors bedroom, and cut their head off.  He stated that is a 17-page application that a person has to jump through in order to get something done on his own property; there is no subcontractors, he will be building it himself with the help of someone else; there are no tenants on the property, just he and his wife; he is not clearing any land; he is just simply building a wall to enclose it.  He stated there is not asbestos involved, he is not put in air conditioners and stuff like that; inquired why should he submit an emergency form; stated he is building on an existing slab; he is not adding toilets, showers, and plumbing; and inquired why does he have to do all of that.  He noted he is not on a coastline, so it is not affecting turtles.  He stated the County needs to get out of people’s way, especially when figuring that the Constitution of Florida, Article 1, Section 23 - Right to Privacy says, “Every natural-born person has the right to be left alone and free from governmental intrusion”.  He stated he wanted to make one statement clear, as far as he is concerned, 95 to 99 percent of everything the Building Codes do and everything the Code Enforcement does is indeed an intrusion into people’s lives, and he or she is not left alone.  He requested that the County leave people alone to live their lives.

 

Jerry Brinegar stated he has been at Earl’s; to him it is just a no-brainer to look at this situation, because where he is going to build it is three to five-foot from the edge of his property; and right on the concrete is where the wind had blown part of his canopy off and yanked the bolts out of the concrete.  He stated he has no idea why Earl was cited for this as it is ridiculous. 

 

Commissioner Infantini inquired what is it that it takes to enclose something that is already there; stated it does seem like it is a no-brainer; and she is not sure why the County is putting so many hurdles in front of people. 

 

Mel Scott, Assistant County Manager, stated the form is a one-size fits all form for expediency purposes; and most of this would be n/a for the enclosure for the carport.  Commissioner Infantini inquired if there is someone who helps walk citizens through that; Mr. Scott responded affirmatively.  Mr. Scott stated many permits that are simple like this, staff assists, while the customer waits; staff asks them to wait; and much of that is taken that way.  He stated post-Hurricane Andrew, the County was faced with the insurance industry saying it was their money collectively and if something is not done about the Building Codes and a handle gotten on the wind load, they will be leaving the State; and it was, at that point, staff saw the overhaul of the State Code to the point now that there is a Building Official locally, not enforcing local ordinances or regulations at all, but actually being an arm of the State and enforcing the Florida Building Code.  He stated Jerry observed a bolt that had ripped out of the ground, and his canvas was fluttering perhaps; imagine if that were the enclosure; and the similar quality was applied to the fasten down apparatus for this enclosure and it was torn from the ground.  He advised it is in everyone’s best interest to recognize that when something is going to be enclosed and a wall is added that it meets basic hurricane standards.  He noted as far as the survey goes, many times staff tries to do away with the survey requirement; it is a catch-22 many times in the public sector side, as it relates to what is required and what is not required; and over the history of Brevard County it has been tried both ways.  He stated there have been circumstances where there were very little survey requirements; until improvements were being made on those structures that, because the survey was not required, were in the wrong place; and the public sector was criticized.  He explained that if staff can verify where the building is located, the survey will be waived; if a person has just moved into a mobile home, hopefully he or she has the survey; if it is a couple of years old, staff can verify the validity of that survey; and that is good for staff.  He advised the bottom line from the Building Department’s perspective is they are not subsidized by the taxpayer; and it is a fee-based program and process; and people who are assisting the customer do not get paid unless that permit leaves the front counter.  He stated if the process can be streamlined and made better, it will.  He stated they have not received anything on point as it relates to this permit request, so he cannot say what the fee would be; it is based in large part on the value of the improvements; if the Reverend were to come in and it is a $1,500 wall he was going to be doing on the carport, it would be a set fee of $75 for the review.

 

Commissioner Anderson stated if the footprint is not being changed, the Board needs to make every effort not to require that survey; and he wanted to make sure that is streamlined.  He stated the Reverend handed the Board all of these forms; inquired how many of these forms are required on his project; and can staff tell him just by looking at them. 

 

Mike McCaughlin, Building Code, stated Reverend Medlen would certainly need a building permit application if he was applying as his own contractor; the owner/builder information is required by the State; he has indicated no sub-contractor; notice of commencement is required on any project where the cost is in excess of $2,500, so if his costs are under that, as it probably is in this case, that would be n/a; the property owners authorization would be n/a; anything with the mobile home, land clearing, much of this would be n/a; and just the basic submittal documents is what Reverend Medlen would submit.

 

Commissioner Anderson stated he uses a program where he does his taxes every year; if he checks one box he has to do a certain form; inquired if the County is online and sophisticated enough to do something like that; stated he could go online and if he checked the one box then that form would be filled out; and it would automatically be submitted or it could be printed out at home.  He stated no one ever accused him of being a tree hugger, but if he does not need all of these forms, and staff is handing them to every applicant, there has to be a way to streamline it.

 

Mr. McCaughlin advised he is right with Commissioner Anderson, paper is the enemy; he has to scan the documents and store them, so there is expense with the paper; and they have streamlined the forms greatly and continue to do so.  Commissioner Anderson inquired if the automation issue has been looked at; with Mr. McCaughlin responding staff is just implementing online permitting now; stated some small permits can be submitted online; they just started what is called Citizens Access, which is access to the Axilla Software, that is the permitting software; that has just began this week for certain permits as a pilot program; and staff is moving forward with that.  He advised staff would really like to do business online and get rid of the paper.  He stated he does like the idea of an interactive form; and he will take that under advisement and staff can look at it.

 

Commissioner Anderson inquired if Mr. Scott is going to get with the Reverend, and he wanted to get with him to talk to him about a couple of other issues; and he will set up an appointment in his office.  Mr. Scott stated staff would be happy to proceed through the process with the Reverend. 

 

The Board acknowledged the citizen request by Reverend Earl Medlen requesting the Board review Building Codes and Enforcement Policies of same, and alter and/or revise the most egregious, oppressive, and intrusive ones, but took no official action.

.

 

CITIZEN REQUEST, RE:  JENCY KELLY, RE:  RELEASE OF COUNTY MORTGAGE FOR PROPERTY LOCATED AT 2573 HARRY T. MOORE AVENUE, MIMS

 

Jency Kelly stated he is present today representing a group of investors who have started to invest in Brevard County; regardless of their best efforts, they have made a mistake recently; and he is admitting that.  He advised he bought a piece of real estate at a Tax Deed auction, which have no claims against property except government liens and judgments; the property is in Mims; the property was advertised properly; and everyone who had a claim against the property was notified, including the Brevard County Housing Authority, the Brevard County Board of County Commissioners, and the Estate of the deceased.  He advised when at the Tax Deed sale, there were a room full of people bidding on tax deeds, and no one bid on this piece of property but him; his investors had given him a limit; the opening bid was $8,200 approximately, so he bid the $8,200 and bought the property; the Brevard County Housing Authority and the Brevard County Board of County Commissioners had a $40,000 lien; the taxes had not been paid in three years; and it was an estate sale.  He stated they were surprised to find out about the mortgage; they did not do their due diligence; it is not his responsibility to do tax and title searches before purchasing property for someone else; and he was surprised to find out there was a mortgage.  He stated since both entities been notified of the sale, and none showing up to do anything about it to redeem the property for $8,000, it seems to him to say the County does not care; he is asking the Board to confirm that it does not care, because it had not been paid; if the Brevard County Housing Authority had someone servicing the loan and it was not being paid, they should have foreclosed on it; and maybe the Board was not aware of the Tax Deed sale going on for some property it had invested in.  He stated it is not worth much money; he had to find properties that had been sold in the neighborhood in the last six years to come up with a valid price estimate for that property; and he is asking the Board forgive that debt for his investor, because he has already gotten quotes to fix the property up.  He noted the property will get sold and put back on the tax rolls; they already did three other properties in Brevard County this year that were bought at tax sales; and two of them are already back on the tax roll.  He stated otherwise the investor will sit on the property for three years and it will be sold at a Tax Deed sale, because they cannot invest the kind of money they have to invest to bring it back up to standards and make a profit. 

 

Commissioner Infantini stated perhaps the reason why there were no other bidders, and he purchased it for the lowest bidding price, is because the others had done their due diligence; Tax Deed sales are only for the sophisticated investor, not for the novice; and it would be her best guess that the other people who were at the Tax Deed sale had researched it, and decided not to bid on it because there was a $46,000 mortgage on the property.  She noted she does not think the County is in the business of foreclosing on properties and throwing people out; the reason why they probably gave the mortgage was to help somebody out to get into a home initially; and if a person sells their home prior to that period of time, that money has to be paid back.  She stated she is not inclined to waive all $46,000.  Mr. Kelly stated it was mortgaged twice by the Brevard County Housing Authority; the second one was in 1997, which would put it out of the time period required; and the people who took the mortgage out are now deceased.  He advised the backdoor was literally torn off the building; the inside was littered with debris; he does not think the neighborhood appreciated the house; he did speak to the other investors who were at the Tax Deed sale; and their reason for not buying the property is they did not want to spend the money or buy in that neighborhood.

 

 

The meeting recessed at 1:01 p.m. and reconvened at 1:04 p.m.

 

 

Commissioner Nelson inquired if staff has a breakdown of how the mortgages exist and what the rules are related to those mortgages; with Assistant County Manager Stockton Whitten replying that Housing and Human Services staff is actually working on that; stated what appears to be the question is what are the rules regarding the mortgage holders actually being deceased; this was a 15-year mortgage that began in 1995; the issue is what does the program allow in terms of forgiveness of that mortgage when the owners are deceased and there is no willing of the property to heirs; and Housing and Human Services is actually working on that question.  Commissioner Nelson inquired if there are any Code issues, or is it just a straight forward mortgage; with Mr. Kelly responding they are producing jobs and hiring local people.  Commissioner Nelson stated he wanted to make sure there were no Code violations.  Mr. Kelly advised there are no Code violations; stated this group of investors actually went to the City Attorney of Titusville and asked if the City would remove those or at least adjust them; the maximum they would reduce them was to $17,000; and a person cannot take a bad piece property, invest $12,000 in a tax deed, another $17,000, and then remodel it and put it back on the tax rolls.

 

Commissioner Fisher stated he spoke with Mr. Kelly on this issue; he has a hard time forgiving the mortgage; they should have done a title search and maybe they would not have bought; he thinks they paid $8,000 for it and they will spend $10,000 to $12,000 to fix it up, so there is $20,000; and then it is a $60,000 property, which would be a $40,000 profit.  He advised meanwhile the County is forgiving a $46,000 mortgage; inquired could there be something done; stated maybe when there is a better understanding of the whole issue; but just to wipe out a $46,000 mortgage so that some investor from Texas can put equity in his pocket is a whole different story.  Mr. Kelly stated having done the research, the median price for a house of that size and location is about $34,000. 

 

Commissioner Nelson suggested that staff bring back a report to the Zoning meeting, which is in about 10 days with the information; and he knows Stockton is working hard at it. 

 

Mr. Whitten stated staff will do that.  He stated at best there will be some proration of the mortgage because the Tax Certificate was issued on 2007; this mortgage would have run until this year; it was a 15-year mortgage executed in 1995; and the expiration of the note would have occurred this year.  He advised it may be prorated for some liability at least 2007, which is three years; the mortgage deed says if a person defaults, the County has some recourse there; he thinks the technical default was in 2007; and he is talking about at least three years.

 

Commissioner Infantini stated she thought they had refinanced in 1997.  Mr. Whitten advised by looking at the paperwork there is a Tax Sale Certificate from May 31, 2007.

 

The Board directed staff to bring back a report regarding the rules of the possibility of releasing a Mortgage held by Brevard County on a property that was purchased in a Tax Deed sale by Jency Kelly, Agent for INA Group, to its April 1, 2010 meeting.

 

 

PERMISSION TO SELL FLORIDA TICKETS, RE:  COMPLEX CAFE

 

The Board granted permission to Paul Novick to sell Florida Lottery tickets at the Complex Café. 

 

 

Chairman Bolin stated she did a survey among the people who are employees on this campus, and 60 percent wanted it, 30 percent did not care one way or the other, and 10 percent said no.

 

Paul Novick stated he needs the Board to authorize someone to sign the paper required by the Florida Lottery.

 

The Board authorized the County Manager to sign the Landlord Approval for the Installation of Lottery Gaming Communications Equipment required by the Florida Lottery. 

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Vice Chairman/ Commissioner District 1

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

NAYS:                 Chuck Nelson

.

 

.

Upon consensus by the Board, the meeting was adjourned at 1:13 p.m.

 

 

ATTEST:

 

                                                            ___________________________

                                                            MARY BOLIN, CHAIRMAN

                                                            BOARD OF COUNTY COMMISSIONERS

                                                            BREVARD COUNTY, FLORIDA

________________________

SCOTT ELLIS, CLERK

 

        ( S E A L )