MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 13, 2009

 

 

The Board of County Commissioners of Brevard County, Florida met in regular session on January 13, 2009, at 9:06 a.m. in the Government Center Florida Room, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, and Andy Anderson, County Manager Peggy Busacca, and County Attorney Scott Knox.  Absent was:  Commissioner Mary Bolin.

 

 

The Invocation was given by Reverend Robert Gaulin, Coastal Community Church, Cocoa.

 

Commissioner Infantini led the assembly in the Pledge of Allegiance.

 

Chairman Nelson stated Commissioner Bolin will not be with the Board today because she is mourning the loss of her husband Bob; she and the family are together and asked Chairman Nelson to read aloud a note for the Board and the citizens.  He stated Commissioner Bolin would like to thank those who have offered their many expressions of sympathy and condolences on the occasion of her husband Bob Bolin’s passing; and Bob was a great patriot and citizen of the Country and will be sorely missed in the community.  He stated he had worked with Bob first as Mayor of Satellite Beach and later of course he was always Mary’s best fan; and stated he is going to be sorely missed.  He stated there is going to be a viewing on January 16, 2009 from 4:00 p.m. to 8:00 p.m. at Beach Funeral Home on Patrick Drive; and then on January 17, 2009 at 10:00 a.m. a memorial celebration mass at Holy Name of Jesus Catholic Church.

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to approve the September 4, 2008 Zoning Meeting and September 30, 2008 Regular Meeting Minutes.  Motion carried and ordered unanimously.

 

 

Commissioner Anderson read aloud a Resolution recognizing Brevard Caribbean American Sports and Cultural Club Association, Inc. for their efforts and offering congratulations and best wishes for a successful future.

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher to adopt Resolution recognizing Brevard Caribbean American Sports and Cultural Club Association, Inc.  Motion carried and ordered unanimously.  (See page                                     for Resolution No. 09-001.)

 

 

A representative of Brevard Caribbean American Sports and Cultural Club Association, Inc. stated she would like to thank the Board for the proclamation and looks forward for the Club to work with the County to continue education of the community and all the good work the Club does; and thanked the Board for the help given to the Club thus far.

Juanita Barton, Brevard Nature Alliance, stated she is here today to tell about the Space Coast Birding and Wildlife Festival; this is the 12^th year and it will be held January 21 – 26, 2009; headquartered at Brevard Community College; and some animals brought today are some of the types of birds and animals that a person will see at the Festival.

 

Linda White, Audubon Center in Maitland, stated the eagle present today is named Trouble; he is 23 years old and has been at the Audubon Center since he was eight weeks old and is actually a Brevard County bird because he was rescued from Tosohatchee State Reserve; a photographer noticed that his beak was crooked with what is called a scissor beak; it has been corrected by surgery and is much better than it was; but because he has a genetic defect, it will continue to grow in that crooked position, would need to continue to be filed, and could not survive in the wild.  She stated Trouble is one of the ambassadors at the Audubon Center; she can tell the Board she has traveled all over the State with an eagle and sometimes other birds to other birding festivals and this festival in Brevard County is the gold standard for all birding festivals; people from all over the world come to this Festival; and she gets visitors at the Audubon Center in Maitland who are always telling of this great event in Brevard and the wonderful wildlife opportunities in this great County. 

 

Dawn Drever, Hands-on Wildlife, Kissimmee, stated she is glad to be back in the founding County; and this will be the sixth year attending the festival.  She stated one of the middle-of-the-road species present with her today is a Skunk and will be bringing her to the festival; along with the come back kid the Alligator and the Florida Panther.

 

Paul Shalub, Enchanted Forest Naturalist and Volunteer, Titusville, stated he has lived in this area for about 40 years and works closely with the Enchanted Forest and the Environmentally Endangered Lands Program.  He stated he started bringing in local reptiles about ten years ago to teach people about them at the Enchanted Forest Earth Day Event in April; there are about 1,000 people that visit; in November at their Forest Festival there are about 600 plus that attend; and a couple other places throughout the County in the year.  He stated one of the animals he brought today is a water turtle that does bite and is commonly found in the area here in most lakes, ponds, rivers, and roadside ditches; it is a timid animal with pretty yellow stripes with a black background; and this is just one of 20 different kinds of turtles found in this area.  He stated he has also with him today a black racer and this is one of the most common kinds of snakes that will be seen around Central Florida; 99.9 percent of any snakes seen anywhere are not going to be poison; most people can search for years and not see a Rattlesnake, but the few kinds of poison snakes seen around, if a person leaves them alone they do know something is coming because they are real sensitive to the vibrations of a persons feet;  and  there  are  approximately  30 to 40  different  kinds  of  snakes  found  around  Central Florida.  Mr. Shalub stated the black racers are mostly seen during the day in peoples yards; usually they are two and one-half to three and one-half feet long; and any of these seen in a persons yard are just looking for lizards or mice and will not bite a person. 

 

Chairman Nelson inquired the difference between a black racer and a common black snake.  Mr. Shalub responded with the common black snake there is really no species called a common black snake.  He stated he is trying to teach people about them to brake down the fear of them, which is so needless and get people to appreciate them more about their value in the environment and be less likely to grab a shovel every time one is seen because rodents would grow completely out of control if not for snakes.

 

Ms. Barton stated all animals seen today will be at the Festival; plus, this year there are over 300 activities for people to choose from; she certainly hopes there is the same amount of attendance as in 2008, which was over 4,000 people that came into Brevard; economically the Festival is an engine that really drives tourism to make Brevard a destination; the attendees that came to the Festival in 2008 spent over $1 million in Brevard and returned over $100,000 in sales tax; and she feels very blessed about this Festival because there are so many around the Country that had to close their doors either due to economic problems or loss of sponsorship.  She stated she would like to thank the Commission for continuing to fund the Space Coast Office of Tourism for Grants for this type of activity in the County.  She stated people can still register for the event online at www.nbbd.com/fly.

 

Commissioner Fisher stated outside of the Space Shuttle launch this is probably one of the most successful events that attracts tourism to North Brevard.  Ms. Barton advised that is true because this in one of the premier environmental events in the United States and are a distinct destination for foreign countries that have several coming to the Festival; stated a group from China will be attending the Festival and they will be promoting and protecting the Qin Ling Mountains in their area that has panda’s and birds; and they are hoping people will want to take tours to China to visit their mountains.

 

Chairman Nelson stated the Birding Festival program itself is just incredible, because the amount of information about wildlife in this area that is contained here; and this alone is just remarkable. 

 

Ms. Barton stated with the information in the program people can go on many self tours.

 

Chairman Nelson encouraged all to attend this wonderful event. 

 

Ms. Barton stated Bill Thompson, III who is the editor of Bird Watchers Digest, has been very instrumental in starting programs for children and will be hosting a special presentation on Saturday at 12:30 p.m. to 2:30 p.m. on No Child Left Inside; he will be talking about getting kids out from in front of the television; it is a free presentation; and it will certainly invigorate parents to try and find things for their kids to do.

 

Commissioner Anderson read aloud a Resolution recognizing Florida’s Showcase Green Envirohome for their outstanding efforts in green home building, disaster mitigation, and disaster preparedness, and offering congratulations and best wishes for a successful future.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini to adopt Resolution recognizing Florida’s Showcase Green Envirohome.  Motion carried and ordered unanimously.  (See page                                      for Resolution No. 09-002.)

 

 

Mark Antony thanked the Board for recognizing the Florida’s Showcase Green Envirohome.

 

Commissioner Anderson stated he just put a game room addition in his home and knows how much pain a person goes through with construction standpoint going on in a home.  He encourages all to go and tour the home just to see it.

 

Peggy Busacca stated she would like to withdrawal item III.A.8 because there needs to be some additional work on this item.  She stated it is the Amendment to BCC Policy BCC-50, Specifying Documentation of Financial Status; and staff will re-agenda this item.

 

Commissioner Anderson stated Friday in the Fields was something that was prompted by Chairman Nelson; stated in thinking of that, he decided to start Friday in the Fields with County Departments; at the last meeting he had some concerns about Code Enforcement; and he found that he was wrong about Code Enforcement.  He stated he went out in the field with Mark Harrell; he stated they are one of the most organized departments under Bobby Bowen that he has seen; in going out in the field, Mr. Harrell showed him a couple of working cases to review when the residents were home; and it was an educational process.  He stated Mr. Harrell educated the homeowner on where their trailer was supposed to be; and it was fixed on the spot with no problems.  He stated his Friday in the Fields will happen every other Friday and he has not determined his next department to visit as of yet; and is looking for volunteers.

 

Chairman Nelson stated that is great because people are usually mad at Code Enforcement, because he or she is not following the Codes or laws; Code Enforcement takes a lot of criticism; but they really do a great job; and he appreciates his time in the field.

 

Chairman Nelson stated he would like to appoint Seb Perin to serve on the Transportation Planning Organization Citizens Advisory Committee; said term of appointment expiring December 31, 2009.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to appoint Seb Perin to serve on the Metropolitan Planning Organization.  Motion carried and ordered unanimously.

 

 

Chairman Nelson stated he had the pleasure on Sunday to attend the Vietnam and All Veterans Award Ceremony for 2009; they are a great group of folks and are involved with moving the Wall; it was well attended and told them that he would be pleased to bring the Awards of Appreciation to the Commissioners; he has those for Commissioners Anderson, Infantini, and Fisher; once the newer Commissioners have been in office a bit longer he or she will receive a plaque; and the group gave Commissioner Bolin and he plaques.  He stated they also have given the Board of County Commissioners a plaque of appreciation for the Vietnam and all Veterans of Brevard and he will give that to Peggy.  He stated everyone will get invitations to the opening and closing ceremony for the Moving Wall; it is truly moving; and he wishes more people would go because it is such a great program.

 

Chairman Nelson stated he attended on Saturday night the Installation of Officers for the Merritt Island Volunteer Fire Department, one of the strongest volunteer fire departments in the County; and congratulated Curt Barrett who is now the Chief for the next two years; they do a great job; and a lot of filling in for County Staff; for instance they are doing a lot of testing right now within fire departments, and the volunteers are filling in at some of these stations.  He stated the volunteers take it very serious; they go out and get the training; many of them are Paramedics, EMT’s, and they all go through the schooling, so it is not just jump in the car and run to a fire as these are folks that are well trained; and they do it for the community and affect no cost to the County; and they are thanked so much.

 

Chairman Nelson stated there was an opportunity to meet with Staff and the County Manager to begin the discussions on the Agenda process; and are now coordinated with what was found; such as a variety of different actions taken over time; and staff is trying to consolidate those in and will be bringing those back to the Board in terms of the Agenda and that process.  He stated it is being looked at as County Policy instead of a Resolution, which makes it easier to work with than in the past; and it is an ongoing activity.

Chairman Nelson read aloud a Resolution recognizing the Brevard Marine Advisory Council for their accomplishments and continued service to Brevard County residents.

 

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to adopt Resolution recognizing the Brevard Marine Advisory Coucil.  Motion carried and ordered unanimously.  (See page                                      for Resolution No. 09-003.)

 

 

Mike Cunningham, Chairman of Brevard Marine Advisory Council stated thank you so much for the honor and this exemplifies all the work that has been done.  He mentions the boating study that was as 112 page report that was put together and compiled by the Brevard Marine Advisory

Council; stated to give an idea of how comprehensive this is; if a boater trailing in from Orange County on Saturday morning between 8:00 a.m. and 10:00 a.m., considering traffic and  weather conditions can be well figured out not only where a person will launch from, but were he or she will spend their day on the water.  Mr. Cunningham stated he is very proud of the members for their professionalism and the members keep wanting to do more; he mentions the Council wishes to present an Award to the Commission, but before doing so the Council wanted Mr. Cunningham to convey to Chairman Nelson personally their thanks for his mentoring and leadership over a years period of time when your guidance was needed, thank you.  He stated good deeds are rewarded, but sometimes a person is not sure how that may be accomplished when he or she is just doing their jobs and not looking for recognition and then sometimes there is a surprise; in October 2008 the Brevard Marine Advisory Council was informed that the Council had been awarded the George Reynolds Annual Achievement Award by the Citizens of Florida Waterways (CFFW); the CFFW is a statewide organization that works closely with all marine related groups; this is an award given to an entity who’s primary purpose is to promote the betterment of marine interests throughout the State; of significance this year is the fact that this is the first time the award has been given to a group as apposed to an individual; and the Council is humbled by that.  He stated he would like to present this award to this Commission; the only thing asked is it would be displayed here in the Government Center for the benefit of all the citizens of Brevard County who basically is who the Brevard Marine Advisory Council works for.

 

Chairman Nelson stated that would not be a problem at all; thank you so much for the Award; and has mentioned in the Resolution the Boaters Guide is a remarkable document that this group put together and has be given recognition statewide; this County is a waterfront community and their hard work is appreciated, thank you.

 

Commissioner Infantini stated she would like to pull items from Consent Agenda starting with Item III.A.14., Permission to Execute Task Order 97-60 with Neel-Schaffer, Inc., Re:  Design, Permitting and Construction Plans; Partial Closure of Sarno Road Class III Landfill; Item III.B.2., Resolution and Utility Easement to Florida Power and Light Company, Re:  Hog Point Cove; Item III.B.3., Approval of Request for Proposal, Re:  Video Surveillance for Space Coast Area Transit Revenue Vehicles; Item III.C.6., Approval, Re:  Increase Software Development Contract with University of Central Florida by $50,000; and Item III.D.2., Continuation of Board Policy BCC-93, Re:  Website Operations; III.D.8., Approval, Re:  Bills and Budget Changes for discussion.  Chairman Nelson stated he would like to pull Item III.D.5., Re: Joint Meeting with Legislative Delegation on Thursday, January 22, 2009, Florida Room, from 9:00 a.m. to 11:00 a.m.  for   discussion.    Commissioner   Anderson  stated   he  would   like  to  pull  Item  III.B.1.,

Execution of FY 2008-2009 Agreement with Circles of Care, Inc. Re:  Baker Act Services.  Citizen Maureen Rupe requested Item III.A.5. be pulled, Legislative Intent and Permission to Advertise, Re:  Revision to the Code of Ordinances of Brevard County, Chapter 22, Buildings and Building Regulations, Specifically, Section 22-48 & Chapter 62, Land Development Regulations, Specifically, Article XI, Flood Damage Protection, Division 3, Standards for Flood Hazard Reduction, Sections 62-4061 and 62-4062 for questions.

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve Resolution releasing the Contract dated May 6, 2008, in accordance with Section 62-3844 (b), for South Solerno Commercial Center.  Motion carried and ordered unanimously.  (See page
                                       for Resolution No. 09-004.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve Resolution releasing the Contract dated July 8, 2008, in accordance with Section 62-2844 (b), for Bromley Drive Center Phase 1. Motion carried and ordered unanimously.  (See page
                                      for Resolution No. 09-005.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve a waiver to Code Section 62-3204(g)(4)(g) of the requirements to construct a six-foot high masonry or solid wall along the east property line which abuts residentially zoned property. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve a waiver of Section 62-3206(d)(1) to allow approximately 25 percent of the required parking to be unpaved (stabilized grass). Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to execute a partial release of lien, releasing a Code Enforcement lien that was recorded subsequent to the institution of a foreclosure action on the property. Motion carried and ordered unanimously.

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to considered Legislative Intent and grant permission to advertise an ordinance expanding the administrative waiver provision of the Zoning Regulations to include Swimming Pools and Screened Enclosures. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve and grant permission for the Chairman to execute the Right-of-Way Use Agreement with the Barefoot Bay Recreation District for installation and maintenance of landscaping and irrigation improvements within the public right-of-way of Barefoot Boulevard at the intersection of U.S. 1 in Micco. Motion carried and ordered unanimously.  (See page                                     for Use Agreement.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to accept a Sidewalk Easement from First Assembly of God of Cocoa, Florida, Inc., located in Section 6, Township 24 South, Range 36 East, District 2. Motion carried and ordered unanimously.  (See page
                              for Sidewalk Easement.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to adopt Resolution commending Thomas W. Fitch, Sr. for 30 years of service to Brevard County. Motion carried and ordered unanimously.  (See page                                     for Resolution No. 09-006.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to accept the Sanitary Sewer Easement from Health Care Reit, Inc., a Delaware Corporation DBA Watersong at Viera, located in Section 17, Township 26 South, Range 36 East, District 4. Motion carried and ordered unanimously.  (See page                                     for Sanitary Sewer Easement.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to accept a Sidewalk Easement from SHRN United, Inc., dba Scottsmoor Gas, located in Section 37, Township 20G South, Range 34 East, District 1. Motion carried and ordered unanimously.  (See page
                                       for Sidewalk Easement.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to amend the Landfill Gas Purchase Agreement with Brevard Energy, LLC to provide for County maintenance of the landfill flare station in return for monthly payments to the County by Brevard Energy, LLC. Motion carried and ordered unanimously.  (See page                      for Purchase Agreement.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to execute Amendment No. 2 to each of the two Right-of-Entry Agreements with the Department of The Air Force, extending the time of the Agreement at the South Central Regional Water Reclamation Facility for an additional two-year period and at Lori Wilson Park for an additional five-year period. Motion carried and ordered unanimously.  (See page                                      for Agreement.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve a six-month extension of the Contract with PFM Asset Managerment LLC for Investment Advisory Services of the County’s Long Term Investment Portfolio; and authorized development and advertisement of a Request for proposal for Investment Advisory Services for the County’s long-term investment portfolios. Motion carried and ordered unanimously.  (See page
                                          for Contract.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to acknowledge Melbourne-Tillman Water Control District Annual Audited Financial Statements for FY 2007-2008. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to authorize administrative revisions to the County Services Agreement between the Board and the Merrit Island Redevelopment Agency. Motion carried and ordered unanimously.  (See page
                                  for Agreement.)

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to authorize County Attorney’s Office to file a motion to intervene in the Pulido vs. St. Johns River Water Management District, County Permit application 42-009-112636-1 Case and any related administrative proceedings. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to authorize County Attorney’a Office to proceed with drafting amendments to the Code of Ordinances of Brevard County relating to golf carts, Chapter 106, Article III, specifically Section 106-73, to authorize golf carts to be operated between the entrance of the Barefoot Bay Subdivision on Barefoot Boulevard and the Winn Dixie Plaza immediately east of the entrance; to authorize operation in the Viera development on the west side of I-95 consistent with ownership by Viera – providing designated street crossings on County owned streets; and authorizing staff to further explore additional safe areas of golf cart operation in Suntree Planned Unit Development. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to execute Second Addendum to Interlocal Agreement with the Town of Grant-Valkaria to allow Building Code to continue to provide Florida Building Code review and inspection services for the Town.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve the recommendation to eliminate Brevard County Policy BCC-06, Occupational Health & Safety Program Requirements. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to appoint and/or reappoint Peggy Nolan to the Art in Public Places Advisory Committee, with term expiring December 31, 2009; Kathy O’Rourke to the Brevard Commission on Aging, with term expiring December 31, 2009; Cindy Flachmeier and Cheryl Lawson-Young to the Brevard County Commission on Status of Women, with terms expiring December 31, 2009; Anita Cragg, Mike Cunningham, and Michael H. Williams to the Building and Construction Advisory Committee, with terms expiring December 31, 2009; Chuck Bogle, Tim Davis, William Keyser, Luke Miorelli, and Ron Nost to the Contractor’s Licensing Board, with terms expiring December 31, 2009; Leonard Beckett to the Community Development Block Grant Advisory Board, with term expiring December 31, 2012; Liz Lackovich and Bill Powell to the Country Acres Advisory Board, with terms expiring December 31, 2009; Dr. Marion J. Soileau to the Economic Development Commission of the Space Coast, with term expiring December 31, 2012; Barbara

Borman to the Emergency Medical Services Review Committee, with term expiring December 31, 2009; Jan Conrad and Kathleen England to the Employee Benefits Advisory Committee, with terms expiring December 31, 2009; Ralph McCoig and Kim Zarillo to the Environmentally Endangered Lands Procedures Committee, with terms expiring December 31, 2009; Billy Kempfer, Fred Kusterer, and Mary Beth Hinshaw to Extension Advisory Council; Benjamin Brotemarkle, Roz Foster, William J. Sidoran, Helen Stubbs, Ed Vosatka, and Dr. Rachel K. Wentz to Historical Commission, with terms expiring December 31, 2009; Brian Laughlin to the Investment Committee, with term expiring December 31, 2009; Bill Scott and Lewis Shigley to the Library Board, with terms expiring December 31, 2009; Gary Hanlin, Jim Mazza, and Rick McCrary to the Marine Advisory Council, with terms expiring December 31, 2009; Jill Addison and Dr. Carolyn Feltus-Atkinson to the Melbourne Beach Public Library Advisory Board, with terms expiring December 31, 2009; Dean Matteson, Clarence Mills and Seb Perin to the Metropolitan Planning Organization Citizens Advisory Committee, with terms expiring December 31, 2009; Ben Charvet, Susan Ellison, Joyce Gordon, and Susan March to the Mims/Scottsmoor Public Library Advisory Board, with terms expiring December 31, 2009; Glenn Dames, Richard Gossett, Neta Harris, and George Newman to the North Brevard Recreation and Parks Commission, with terms expiring December 31, 2009; Richard Contrares, Jerry Jagrowski, and Damian Wilson to Parks and Recreation South Service Sector Advisory Board, with terms expiring December 31, 2009; Johnny Albert Diggs and Sheila Hutcheson to the Personnel Council, with terms expiring December 31, 2009; Bill Cannon, Jerry Jagrowski, Henry Minneboo, and Laurilee Thompson to the Planning and Zoning Board, with terms expiring December 31, 2009; Carmella Chinaris, Constantine Daniel, Pamela Ferraro, Teri Patton, and Maureen Rupe to the Port St. John Library Advisory Board, with terms expiring December 31, 2009; John Drotar to the Public Golf Advisory Board, with term expiring December 31, 2011; Tony Infantini and Clarence Mills to the Public Golf Advisory Board, with terms expiring December 31, 2009; Loretta Surface to the South Mainland Library Advisory Board, with term expiring December 31, 2009; Roger Boatman, Veronica Clifford, Lily Renzetti, and Jim Royston to the Spaceport Commerce Park Authority, with terms expiring December 31, 2009; Harry Chapman, Jerry Jagrowski, Judi John, and Chuck Manning to the Suntree-Viera Parks Committee, with terms expiring December 31, 2009; Dr. Rochelle Kenyon to the Suntree/Viera Public Library Advisory Board, with term expiring December 31, 2009; Liz Lee and Phyllis Principe to the Wickham Park Advisory Committee, with terms expiring December 31, 2009; and Sondra Ball and Mike Cunningham to the Zoning Board of Adjustments, with terms expiring December 31, 2009.  Motion carried and ordered unanimously.

 

 

Maureen Rupe stated she noticed this item on the Consent Agenda and just felt she had to remind some of the Commissioners of the magnitude of problems in 1995 through 2000 with this Ordinance; there were septic failures and in-ground pool impacts; the builders in the building boom of 2000 and the builders and developers elevated up three and six feet above the crown of the road; and there are examples all over Port St. John of this.  She stated there are still unknown penalties with the 833 single family platted lots in the 32927 Zip Code; and is sure the intent is good, but the older communities have to be looked at on a house-to-house basis this time.

 

Chairman Nelson asked Ed Lyon, Permitting & Enforcement Director, to tell what this would encapsulate.  Mr. Lyon explained one of the biggest changes in Permitting and Enforcement are proposing consideration of increasing the minimum height of the structure from 12 inches above the crown road to 18 inches above; most contractures and engineers are designing it that way now, because the 12 inches is very difficult for someone to maintain the drainage in a backyard when trying to bring all of the water forward; those that are not using it have more and more problems, because there have been a lot of complaints from residents of water getting on their porch and maybe into their pools because there is usually a step down; so that 12 inches becomes even more problematic when there is a step down.  He stated there are some other things that he is trying to clean up such as Codes; it addresses some of the issues Ms. Rupe spoke of about of how high some of the houses get by putting some maximum slopes in there so it is a little more difficult for the contractor and there is not such a huge stair step between the different homes; and the existing Code does address it and taking the proposed language one more step to make sure that does not happen.

 

Chairman Nelson inquired if this will be coming back to the Board if approved as an ordinance.  Mr. Lyon responded yes this is Legislative Intent and staff has not even penned the entire ordinance, because there are still some ideas and thoughts that will be put together and will be brought back to the Board for final consideration.

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve Legislative Intent and grant permission to advertise modifications to Chapter 22, Buildings and Building Regulations, Section 22-48 and Chapter 62, Land Development Regulations, Article XI, Flood Damage Protection, to clarify and update the lot drainage requirements.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini stated she would like to highlight on right now asking for a contract to pay out $275,000 to an engineering firm; one of things she would like to see accomplished by this Commission is to stop placing items on the Consent Agenda over $100,000, which is the current limit for the County Manger to approve things on her own; and would rather bring the items up for topics of discussion because at $275,000 in today’s budgetary times the public needs to know where the money is being spent, plus make sure it is justified, because right now the times are  to  tuff  and  she would  like  to  stop  spending  quite  so  much money on things.  Commissioner Infantini stated this particular engineering firm has already received $600,000 from the Board in the last three years; perhaps it should be considered of hiring somebody on staff to do this type of engineering rather than continually out-sourcing it, because at $600,000 and now $275,000 more, she is concerned it is too much money for the public to bare at this time.

 

Chairman Nelson asked Euri Rodriguez, Solid Waste Management Department Director, if he could explain what the purpose of this is.

 

Mr. Rodriguez responded the purpose of this is a contract with Neel-Schaffer, Inc., for engineering and design to do the partial closure in the Sarno Landfill.

 

Chairman Nelson inquired if one person is doing this work.  Mr. Rodriguez responded it is the entire firm.  Chairman Nelson stated for the Board to hire somebody on staff it would have to hire multiple disciplines to be able to do the same work.  Mr. Rodriguez stated it is probably three or four different engineering focuses; for example, stormwater has the construction, the plastic that is put over top of it, and the construction oversight.  Chairman Nelson inquired how this firm was selected initially.  Mr. Rodriguez stated initially it was through the competitive process. 

 

Commissioner Anderson stated this acquirement is actually mandated by the State of Florida under Administrative Codes.  Mr. Rodriguez responded that is correct, because all Landfills have to be closed according to a very strict guideline from the Environmental Protection Agency (EPA) as well as the Department of Environment Protection (DEP).  Commissioner Anderson stated without these engineering sign offs there would be no compliance.  Mr. Rodriguez advised that is correct, because it needs to have the engineering seal on it and in order to be able to do this he is not sure how many different types of engineering folks would be needed to hire, but there is one engineer on board to help staff assist with this type of stuff; but it is not his specialty.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve and execute Task Order 97-60 between Brevard County and Neel-Schaffer, Inc. to provide engineering services to design, obtain regulatory permits, and prepare construction plans for partial closure of the Sarno Road Class III Landfill.  Motion carried and ordered unanimously.  (See page
                                             for Task Order 97-60.)

 

 

Chairman Nelson explained his experience with the $100,000 issue is it is not the dollar amount that is the issue it is how the money is being spent; he feels if there is an arbitrary figure out there, the Commission would be bogged down.  He stated when he was first on the Commission there were two books and that included Consent items; there is always the ability to pull it because of questions or concerns; Mr. Nelson does not want to create a value that is arbitrary because some of these are very straight forward and have actually been encompassed in other approvals given through other documents.

 

Commissioner Fisher stated one of the benefits of briefing is if a Commissioner has a concern about any item he or she can get briefed on it prior to the meeting; most of the public does not want to deal with these issues on a daily basis and that is why they elected the Commissioners as elected officials to kind of go through this with research; and he feels that the Commissioners jobs as elected officials is to make sure that if he or she has an issue that there is some concern about, he or she should get  briefed on the item fully before coming to a Commission Meeting, because, otherwise, there are a lot of things that go through these meetings that are over $100,000; that is not just some change it is serious money; and there are so many opportunities for the Board to understand the issues prior to a Commission Meeting; and if it pulled everything for discussion, the meetings would probably last till midnight every time.

 

Commissioner Anderson stated he understands where Commissioner Infantini is coming from with the main concern of transparency for the public; one of the reasons he sought office is the trust to buy it as Commissioner Anderson calls it; and inquired is that Commissioner Infantini’s intent.  Commissioner Infantini responded that is correct, and the problem she has is the Agenda Item; if the item was more descriptive so the public would have a better chance to see what is on the Agenda, then the public would have the opportunity to see the $275,000 contract or here is where the Board is spending $300,000 or $600,000; and right now the detail is not there and she has not been able to get it out to the public; and this seems to be her only venue to show how much is spent.

 

County Manager Peggy Busacca stated as part of the subject line the total amount of money stating Fiscal Impact could be put there if that is what the Board would like to do.  Commissioner Infantini stated that would be great if it could be on to the Agenda package that is available through the Clerk’s website; so the public could see a particular Consent Item with a dollar amount going to an individual for such and such amount of dollars, plus be able to make input; and that would be done then probably half of the items she pulled today would not have to be pulled.

Commissioner Anderson inquired if that kind of tied in to what Chairman Nelson is already working on.  Chairman Nelson responded that can be included in the Agenda if he or she would like to include the value of a Task Order that is simple enough to do and that can be done.

 

Commissioner Anderson stated he pulled this item because in the description of this it says the Chairman is authorized to execute any future amendments or renewals to the Agreement contingent upon approval of the County Attorney and Risk Management.  He stated he would feel better if those renewals came back to the Board unless there is a reason with time constraints.

 

Gay Williams, Housing & Human Services Director, stated there was no reasoning; this particular Contract dollar amount was approved by the Board and it will not exceed that; generally,  time  constraints  do  not  have  a  problem  in  doing  renewals it is put in the subject heading just  to make it easier if it does not exceed the contracted amount; this particular Contract was approved by the Board and in nine years did not have to do any renewals; and it is not a renewable item it will have to come back before the Board to determine the funding that is provided to this agent. 

 

Ms. Bussaca inquired if it is of no impact if that sentence is removed.  Ms. Williams responded that is correct.

 

Chairman Nelson stated he feels the point reference is that this is kind of a standard way it has been handled so he does not know if it is unique to this and there have always been those; and maybe the Board needs to look at that issue as well as the items coming through.      

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to execute Agreement with Circles of Care, Inc., retroactive to October 1, 2008, in an amount not to exceed $1,779,954 for Baker Act Services; and authorized staff to bring any future amendments/renewals to the Agreement back to the Board for approval.  Motion carried and ordered unanimously.  (See page                                       for Agreement.)

 

 

Chairman Nelson inquired if Jim Whitaker and David Feldman would like to speak; the gentlemen responded no.

Commissioner Infantini stated the reason she pulled this item is she toured the property and wanted to make sure the change that is going to be done by Florida Power and Light (FPL) is that they  are  just  going to change out the existing power lines because some of the properties down in the south beaches were rezoned GML; then subsequent to the rezoning GML
classification it now permits utility companies to build and develop utility facilities down there; and she would like to just verify and confirm that this is just replacing the power lines that are in existence and that no further infrastructure will take place by this amendment.

 

Don Lusk, Parks & Recreation Director, responded that is his understanding of what will be done is a simple easement.

 

Commissioner Infantini stated that is fine she just wants to make sure because she did not want to have some kind of big utility plant going down on Hog Point.

 

Chairman Nelson stated he would like Mel Scott, Assistant County Manager, to explain the GML change that was made and the process a person would have to go through to do what Commissioner Infantini is concerned with.

 

Mr. Scott stated there are three flavors of GML and the Zoning Code that he characterizes in that way, because it is plain speaking.  He stated there are letters that follow the government-managed lands Zoning Classifications; it is an institutional flavor of government-managed lands, which  has  an (I) in  parentheses  for  all those properties that have that  distinction;  there  is  a  

 (P), a  parks  flavor  of  government-managed lands, and there is a heavy kind of GML use; so if there were actually going to be a substation or some kind of power utility constructed there they would actually have to go through a rezoning process and bring that to the Board of County Commissioners to obtain that (I) letter next to the GML; and the system is pretty well protect the County against that.

 

Commission Infantini stated that is great.

 

Chairman Nelson inquired was GMLU added for a power plant itself.  Mr. Scott responded GMLU utility, (U) is specifically for that on point; and yes, how soon the fourth flavor is forgotten.

 

Chairman Nelson stated it would have to go through a significant process long before it could get there so an action of this nature does not cause that to be a possibility.

 

Motion by Commissioner Fisher, seconded by Commission Infantini, to adopt Resolution and executed Easement to Florida Power and Light Company (FPL) for electrical services to the existing facilities at Hog Point Cove.  Motion carried and ordered unanimously.  (See page
                               for Resolution No. 09-007.)

 

 

Commissioner Infantini stated the item is requiring that the Board spend $325,000 to install and/or upgrade cameras on the Space Coast Area Transit (SCAT) system; while looking over the budget this year it shows that the County is going to be pulling in approximately or budgeting $1 million in revenue; while looking at the cost benefit the County going to spending $300,000 on cameras to generate $1 million in revenue; and she was not sure if right now the County
needed to spend this money on cameras because there are cameras in existence rather than upgrading systems at this point if the County could hold off on it for awhile.

 

James Liesenfelt, Transit Services Director stated it is not tied into revenue; and the County would be using the Capital funding, which has already been programmed in the Capital grants.  He stated what SCAT has is three different camera systems; (1) one that is basically non-operative; (2) two that is kind of out-of-date; and (3) three one that seems to be working.  He stated the idea is to replace the fleet so there is one set of camera systems, downloading equipment, and viewing equipment; that way SCAT is not pulling out different parts and have three different kinds of downloads through different types of viewing equipment; and for SCAT it is more of a security issue than it is to help generate revenue.

 

Chairman Nelson inquired if these are Federal dollars that has no impact in terms of other revenue one way or the other.  Mr. Liesenfelt responded that is correct.  Chairman Nelson inquired if it will improve the security on the buses as a result of this.  Mr. Liesenfelt responded yes.

 

Commissioner Fisher stated this is Federal dollars; and this does not come from Brevard County tax payers.  Mr. Liesenfelt responded correct, there is not a local match to it.

 

Commissioner Fisher inquired if the $325,000 is not spent here will be spent in some other community or some other bus system versus Brevard County; with Mr. Liesenfelt responding it is in the grants if the money is not spent at the end of six years the money cannot be re-allocated; and stated then it goes back to the feds and gets spent by somebody else.

 

Commissioner Fisher stated one thing he thinks is very important is that it appears the Board is spending it out of County dollars when really it is money from the feds that are coming to the County and he thinks it is important that the Board realizes that as the grants are applied for and approved; (1) the Board probably  could not do them if the County did not have the grant; (2) the Board has to take advantage of every Federal dollar available to make sure that Brevard County gets its fare share; stated he would have the same concern as Commissioner Infantini has if it were coming out of the Brevard County money; but that is not the case here as this is just a Federal grant that is coming down from the feds and the Board needs to try and get as many dollars as possible from those people.

 

Commissioner Infantini stated she philosophically disagrees because she does not think that just because the Federal money is available that the County should be spending money whether is the Federal, State, or County money; money is money, and at some point everyone is contributing and if the County did not need it she would prefer it not be spent; just because it is considered free money it really is not free; it is still our money and all the taxpayers, even if they are not Brevard taxpayers and she would prefer not to just keep spending money on a system.  She stated right now the SCAT bus system has $1 million worth of items on the Consent Agenda and to spend $300,000 here and there is $600,000 in another area, plus another $100,000 in two other areas; in trying to pull out these huge dollar amounts to see if the County could stop spending quite so much money in every area; and she does not feel this is the time to be spending right now and would like to not go forward on this.

 

Chairman Nelson stated he would agree with Commissioner Infantini if the County could in some way turn that into a savings that benefits the County budget; all it would do is benefit the New York Cities and the other places; and frankly, he would like to see the Countys own citizens benefit from this.  He stated if the feds would like to stop a program Nationwide then so be it, but for the County to walk away from dollars that improves safety with the ridership up, why would the County not want to have more secure buses than New York City or any place else.  He noted it just does not make sense to him how a person can take that philosophical position; but until the feds change the entire system he thinks it is a disservice to his constituents.

 

Commissioner Infantini stated she has to question if the ridership is up, because when she was looking over the budget in the 2005 – 2006 year the County budgeted $1.9 million in ridership revenue, yet this year the County budgets for roughly $1 million in ridership revenue; and inquired if the ridership is up how and why is it budgeted for 50 percent less than it was budgeted in 2005 – 2006 for ridership.  Chairman Nelson responded he is not sure were those numbers came from.

Mr. Liesenfelt stated he honestly does not have any idea where those numbers came from; the fare revenue runs about $600,000 to $650,000 of people putting cash in the fare box; depending on the feds call, local revenue and  different kinds of revenue if it comes from contracts and stuff

like that; but actual cash in the fare is about $650,000 a year and it is up from a couple of years ago from somewhere in the neighborhood of $300,000 to $400,000.

 

County Manager Peggy Busacca inquired what ridership has done.  Mr. Liesenfelt responded last years ridership on the fixed routes was $1.2 million, which is up from just over $1 million; and stated in 2000 or 2001 it was under $300,000, so the amount has almost quadrupled in the last eight years.

 

Commissioner Infantini inquired is it correct that the Board is are spending about $10 million for the whole SCAT bus system to earn $600,000.  Mr. Liesenfelt responded yes, somewhere in that neck of the woods; and when a person counts everything with all the contractors it is about $10 million a year spent.

 

Commissioner Infantini stated she thinks perhaps the County needs to rethink how the bussing system is done; and if $600,000 is brought in and $10 million is spent per year, she thinks there has to be a better cost benefit analysis.

 

Chairman Nelson stated those are Federal dollars to keep cars off the highway; the feds are sending the County those dollars, because they want to have people in buses, and there are other savings that occur; if she wants to do away with the bus system and give those Federal dollars to New York, Chicago, or Philadelphia she will not have his support, because this is a group of people that first of all; in some cases do not have cars; these are a lot of service workers, so the Board cannot lose perspective when spending money is talked about; but there are dollars  provided  to  keep cars off the highway so that roads do not have to get rebuilt as quickly; and some of the neediest folks can get back and forth to work.  He stated there are a lot of reasons why this is done and he thinks the dollars and cents should not just be focused on, because these are dollars for that purpose that would otherwise go somewhere else.

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve the advertisement, acceptance, and negotiation of proposal from qualified firms for the provision of video surveillance for Space Coast Area Transit (SCAT); and appointed a Selection Committee consisting of James Liesenfelt and Purchasing Manager or designee as a non-voting member.  Motion carried and ordered unanimously; Commissioner Infantini voted nay.

 

 

Chairman Nelson stated next item is III.C.3.  Ms. Busacca advised that item was deleted.

 

 

Commissioner Infantini stated when she first reviewed the Contract that the County has with University of Central Florida (UCF) she did not see where the Contract for $350,000 ever went out to bid; stated it looked like it was approved on a Consent Agenda yet it was discussed and approved and did not  see  where  it  ever  went out to bid; and originally UCF had expected to spend $309,000 to complete this task and the County said it will spend up to $350,000 and now it is going up to $400,000.  She stated when the man hours were calculated out at $350,000 for $30  an  hour  it  looked  like  the  County  could  receive  about  11,000 man hours, which is the equivalence of five and one-half years of work for somebody; inquired does the County have five people working full-time at UCF for a whole year to pull this project together; and further inquired why the County cannot use the system that is in place for the Permitting Department rather than creating a whole new process.

 

Jon Sellers, Information Technology Director, stated to answer the first question the County does actually have about five full-time people working and probably about 10 part-time people each at UCF on this project and have been for a year.  He stated the answer to the second question, on the part of expanding the Permitting Enforcement System it is the estimation that in doing that the County would be contracting with the software vendor for that product; and doing that would cost the County more than contracting with UCF.

 

Commissioner Infantini inquired if it would have cost more, because she thinks the software costs around $1 million; and stated it would have cost more than $400,000 to adapt the software to meet the needs of the Solid Waste rather than modifying.  Mr. Sellers responded yes, the Permitting Enforcement System is primarily a work flow system; Solid Waste Management Department is not a work flow and uses a very complex rule that goes against the property data base; and the Permitting Enforcement system really would not be relevant to using the Solid Waste system.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to authorize the increase of the software development contract with the University of Central Florida by $50,000 in order to complete the Pro-rated Billing and Lien Management Systems for the Solid Waste Management Department.  Motion carried and ordered unanimously; Commissioner Infantini voted nay.

 

Commissioner Infantini stated she wanted to make sure that by approving the Board Policy BCC-93 that, that was not going to prevent the County from moving forward on making changes to the Agenda being posted on the County website. Scott Knox, County Attorney, advised he does not think it has any impact on it.

 

Chairman Nelson stated if necessary the policy can be amended at the time the Board is ready to go with it.  Mr. Knox advised that is right.

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve continuation of Board Policy BCC-93, Website Operations.  Motion carried and ordered unanimously.

 

 

Chairman Nelson stated this is a meeting that had initially been discussed by staff and they were bringing this to the Commission.  He stated he has spoken with Ralph Poppell who is Chairman of the County’s Delegation and it was kind of the consensus; first of all he cannot be here  that  day;  additionally,  the  Board  will  be  with  the Legislatures for those people who are

going to attend the Cattleman’s luncheon that day as well; at this point in time he does not see a need for it, but will continue to monitor and see if there is a need for a Joint Meeting; the County has already had one with them; and he just does not see a need for it.  He stated no action is taken on this Item.

 

Commissioner Infantini stated she has pulled this, this is the Bill Folder that gets approved in one big package where the Board shifts money from one budget to another; when she was speaking with the County Finance Department it was explained to her that the County was budgeted $10.8 million from the Federal Government for the Space Coast Area Transit (SCAT) bus system; the County received $6.2 million and spent $6.2 million; now the County is looking to spend another $700,000 it looks like; and the question is once again why is the County asking to spend more money since the County spent the $6.2 why does it need to go back and spend more.

 

James Liesenfelt, Transit Services Director, advised correct me if some of the terminology is wrong; from the feds the County received allocation somewhere in the neighborhood of about $500 million a year every year through formula grants; then a grant package goes back to the feds; it gets approved by the Board some years and asks to spend the entire $500 million and some years the County do not.  He stated the way County budget is if there are funds not expended for the previous year grant it has to be put back into the budget; and some years when a person looks at the capital grant that shows there is $10 million that does not mean it was received right off the bat each fiscal year.  He stated his capital budget is very lumpy; some years there is $6 million spent and some years $3 million is spent; it all depends on the purchase of vehicles or facilities-rehab going on; and every year SCAT receives generally about $5 million from the feds.  He stated this is under the County budget, SCAT has to be prepared in March and it gets updated in July and August; its total gets estimated what the cash forward, cash balance, and capital grants due going to be; stated what this item is here  for the $601,000 is and does not have the exact number in front of him, but if he was to assuming to have $4 million left over in the capital expenses, but there really is $4.6 million; and that is what this adjustment is.  He stated they are not asking to spend new or additional money, it is not for additional projects; it is to make sure SCAT balances its capital grants with what the feds say is available in capital grants.

 

Chairman Nelson inquired again if these are Federal dollars.  Mr. Liesenfelt responded that is correct, these are Federal dollars and last year SCAT did not buy a large number of vans for the Van Pool program; stated SCAT is just now going through the procurement process of that; and that is where a lot of these numbers are from.

 

Chairman Nelson stated SCAT also has a second one here that is actually an increase, because SCAT is anticipating additional revenue.  Mr. Liesenfelt responded that is correct that is  the  Commuter  Assistance  grant  from Department of Transportation (DOT); normally SCAT receives $175,000 in the work program; it allocates $75,000 to the County so that is what was put in the budget; after October 1st it came back and it Mr. Liesenfelt stated that SCAT has $175,000; and they already brought the grant a month or two ago so this is adjusting the budget showing DOT that SCAT has a match for the additional $100,000.

 

Commissioner Fisher stated for the publics and his benefit, Brevard is a County that does not really have a massive transit system; and inquired if the County got rid of the SCAT system would it lose the $6.8 in Federal dollars.  Mr. Liesenfelf responded basically yes.

 

Commissioner Fisher stated not having a massive transit system, having the small transportation that the County does have, this is a good program and there are a lot of needy families that do not have cars; if those Federal dollars are coming this way he feels it is important that the County capture it as the budget gets tighter and tighter; the more the County can get help from the Federal Government he thinks is going to be beneficial to the County really; the feds have these programs and it is awarding it to different cities in the community; and the County needs to be taking advantage of these programs in his opinion.

 

Commissioner Infantini stated she would like to make a motion then to schedule a workshop to discuss the bus system and the means for which the County is delivering the transportation to the residents that needs it the most; and see perhaps some other more efficient delivery system; and she is not suggesting getting rid of the buses, she is trying to do it in a more efficient, cost effective manor.

 

Motion by Commissioner Infantini, second by Commissioner Anderson, to schedule a workshop to discuss SCAT and the means in which the County is delivering transportation to its residents. 

 

 

Commissioner Fisher inquired is it possible for Commissioner Infantini to meet with Mr. Liesenfelt first to see if that gives a comfort level of what is going on; if that does not satisfy her, then the Board could come back; and it might be more worth while having a one-on-one with Mr. Liesenfelt versus the Board having an overall workshop right now.

 

Commissioner Infantini stated she does not really know how all of this is going to come up in the Budget Workshop since the County seems to be content to receive Federal dollars and as long as  it  is  not  the  County’s  dollar  the  Board will just keep approving it; she would rather have a

workshop so there is a better understanding on how to deliver the services to the residents rather than continuing on the same process.

 

Commissioner Anderson stated about one year and one half ago at the MPO Mr. Liesenfelt provided a presentation and it might be time to provide the presentation again for everybody’s benefit; and that might be a forum to do it at the MPO.  Commissioner Infantini advised that would be fine.

 

Chairman Nelson stated he would like to say if it is taken to a logical conclusion, which if a person does not want to use the Federal dollars then a person is going to have the folks pay money on a daily basis to use the same service, money has to come from somewhere.  He inquired if that is the direction Commissioner Infantini wants to go, which is to raise the fares so that somehow pays for it locally; and he is lost in the logic of why the County would want to turn away Federal dollars so that citizens could be charged more.

Commissioner Infantini responded that she did not say to turn away Federal dollars so that more money could be charged; stated she said use the Federal dollars the most efficient means possible,  because  when  the  County  is  receiving  $5  to  $10  million  to generate $600,000 in

revenue she feels that there may be a more cost efficient means to deliver it; and reiterated she is not suggesting to get rid of the Federal dollars.

 

Chairman Nelson stated that all transit systems do not make money and she is not going to find a transit system in the Country that is not subsidized, so he is not sure what the target is.  He stated routes are ran into areas where ridership is going to be less, but there are people there who need that service and there are some routes that are good and some that are not quite so good; and they monitor that to the extent that they can, but it is still service.  He stated he is not anxious to have a workshop because he does not know that there is a particularly a viable solution; and he personally likes Commissioner Fishers idea of Commissioner Infantini sitting down with Mr. Liesenfelt and see if there is some way that it could be addressed before a workshop is scheduled.

 

Commissioner Fisher stated that he feels that if Commissioner Infantini sits down and talks with them personally; goes through their presentation, and they can explain the system to her; and then if she is not comfortable at that point in time then she can still schedule a workshop and have some ideas that make it better.

 

Ms. Busacca inquired could that presentation be made at the MPO; and if so, it could be put on the Agenda.

 

Mr. Liesenfelt stated something he goes through every year and try to figure out the goals; the MPO receives Federal transit money to do various transit planning; there has to be a ten-year plan for Department of Transportation (DOT); DOT wants to see a ten year budget; and it will be brought to the Board in February or March so it can review it for a few weeks.  He stated the interesting thing is it shows that in a year or two there is not enough money to run what the County  now has, so as the items are looked at as one of the things that is approaching the Board are for the MPO to go out and do a revenue study or some kind of revenue review of the transit system, because at its current pace if the field stays the same Transit is a couple of years away from having to cut, because there is not going to be enough Federal, State, Fare, and Local  money;  one  of  the ideas for the MPO, because it is transportation planning and it has to

look at multi-mottos, it needs to at least come out and see what it thinks the bus system should be; and maybe the presentation to the MPO might be a first step.  He stated the MPO is going to go to its general consultants to make that one of its work projects; so it would not be a Transit project it would be a MPO project; and would be a bit more neutral in that way to look at what revenue would be.

 

Chairman Nelson stated he would feel more comfortable with that.

 

Mr. Liesenfelt stated that it would have to come from the Board, because he is just on the Transportation Account Code (TAC).

 

Chairman Nelson stated that there is a motion, but the Board has gone in a different direction; and inquired if Commissioner Infantini would like to withdraw the motion.  Commissioner Infantini responded she will withdraw the motion.

Chairman Nelson stated the Board needs a motion to approve the Bill Folder

 

 

Motion by Commission Fisher, seconded by Commissioner Anderson, to approve Bills and Budget Changes.  Motion carried and ordered unanimously.

 

 

Richard LeAndro welcomed the new Commissioners; and it is in for a terrible time in the economy.  He stated he would like to read something and Chairman Nelson can give the record of why Titusville is getting a new bridge, and what has progressed on that since his first recommendation for a new bridge in October 1998; but also wants to bring some attention to this; and will read aloud the letter so the public can understand what is going on; and stated Chairman Nelson can the record of why Brevard is getting a new bridge in Titusville with the recommendation of a new bridge since 1998.  He read aloud this is a recent bridge that was built in Jenson Beach as being built by Federal Department of Transportation (FDOT) all over the State of Florida where the communities do not put up any money it is all being provided in package deal.  The Jenson Beach Causeway; the project called for the removal, replacement of an existing bascule bridge with a similar length to the Max Brewer bridge in Titusville; also, included was a replacement of a lower level flat slab bridge 200 meters long; the one we are replacing is 100 meters long; and the widening of a third flat slab bridge the contract included landscape, road beautification work throughout the entire area were work was done; the project also included new sea walls, which we are not getting a new boat ramp with three docks we are not getting a fishing pier underneath the canopy of the new bridge to protect the citizens from the element, which we are not getting, picnic pavilions on the recreational islands, which we are not getting, but the County has it in our budget; decorative street lights and scenic overlooks with benches; we just had FDOT just replace another bridge going over to Merritt Island no fishing piers no nothing that is included and every other place in the State of Florida is getting these includes with the cost of the bridge.  We in Brevard County are being short changed we are losing 2,000 foot of fishing area, you just had a report a few weeks ago about the value of our Indian River, to our economy, and to the welfare of the community you just hear it right now presentations how important the Indian River is to the community.  We have one of the largest segments of disabled veterans and seniors in North Brevard than probably in the State of Florida.   We  have  a VFW we have disabled veterans organization we have senior groups, and every thing else and the County has been asked to provide money for something that everyone else is getting, every one else is getting it you see the pictures here; you see the quality of the work that is being done.  The contractor was built FDOT that was picked by them on the bid process the Walls Group had come in with the lowest bid on the catwalks; another contactor had come in with a lower bid on the bridge; it means nothing to FDOT there selection gave us the highest price for everything its ironic that the bridge State estimated cost of the bridge at $44 million well everyone came in under that.  The State estimated the cost of my 960 foot catwalk  plan well guess what the contractors more than double the cost for that, because it is our money, its our money now we are talking about right, they want to cut it down to were we have zilch as far as recreational facilities for the disabled; we are having a pier built that the State is fighting us to have it built ADA; even though President Bush signed a Freedom Initiative Act in 2002 that is in the national archives its in the Federal Registry that, that is the way we should be building piers to accommodate the disabled, accommodate the seniors, accommodate the families  that  fish;  we  are being denied it, because the State of Florida and the Governor who I have request personally to make the exemption so we can get it, it is in the records.  I gave Robin copies of everything yesterday, it is in the records, I sent you all copies of everything.  The Clerk of the Courts did an internal review specifically lays out that we are being cheated guys we are being cheated, and I appreciate what you are trying to do with tax payers dollars Trudie, I really do that has been my goal with government since I was involved with government 45 years ago as a watchdog.  I implore you people find out what is going on, find out what is going on if the bridge gets turned down I am gonna take the blame because I am the one that got it started. The catwalks are going to get turned down he is the one that did it for the community, for the disabled, the veterans, the seniors, the families that have nowhere else to go on vacation, nowhere else to go; so there out there and cannot even get a spot on the bridge anymore out there to even shrimp at night.  This is a facility that used 24 hours a day, Chuck knows he has been out there a zillion times he has seen everything that is going on; the new pier design by incidentally the same designers that go the contract for the new bridge and the catwalks; is charging us more than double what is estimated by the State, what is estimated by the County, and Chuck has been attending every meeting were the design engineer for the State said that the pier should not cost no more than a million dollars; this contractor wants $2.5 million to build two thirds of the pier length.  What is going on here guys, what is going on; something is wrong how come everywhere else in this State they are getting everything but we are not.  What is wrong, what is wrong with Brevard County are we the outcast, are we the little children in the stream of things that we will slap your hand and not do anything for you.   Someone needs to find out what is going on in this County.  I fought on this project to get the bridge for almost what over ten years now and the catwalks since 2000, since 2000.  Sure it is a passion with me the whole process is a passion, because I know the total income of income that we can get here in this community.  We should get a sum of that $3.2 million impact that the Indian River has on it, but we are being denied.  Our facilities are being taken away we are losing space we are paying more and getting less; and there is something seriously wrong with the process; and you have all the information from the Clerk of the Court and everything else, thank you so much.”

 

Commissioner Fisher stated he would like staff members John Denninghoff, Public Works Director, and Don Lusk, Parks & Recreation Director, to give history of the catwalk and the bridge referendum; as District 1 Commissioner, this is in his District and he is quite concerned for the citizens of what happens here especially with the bridge; and the update would be appreciated.

 

Mr. Lusk stated he will start, because Mr. Denninghoff probably has more long term history with the project.  He stated first he would like to say that Mr. LeAndro is always listened to, because he is one of those great advocates that make projects in the end really what the citizens want; it is always good to hear from him; and what has been heard today is something heard before.  He stated the history of the project is that the Max Brewer Bridge was to be rebuilt and the catwalks have been included for some time now as a option to that; stated as the new bridge replaces the old bridge, a great deal of space is lost for the avid fisherman and shrimpers that come out to that location; and Mr. LeAndro is very correct as it is a very hot spot as a destination for people from Orlando and lots of other places, and it is highly used.  He stated the decision was made quite some time ago by the Board that this would be a $1 million project from a referendum perspective up to $1 million; the Federal Department of Transportation (FDOT) had $500,000 that they wanted to put into the project and this was always to be a design build project from FDOT with the catwalks being an option.  He stated Mr. LeAndro is very  correct  in the fact that when the bids came; now this procurement process is controlled by

FDOT and the County’s contract with FDOT was to always make a contribution towards that; the catwalk has come in  over  budget  through  some great work of Mr. Denninghoff, staff, and FDOT;  and  with  what  has  been  done  is  rather  than  just  reject that portion of the bid or the

proposal, the County has been allowed to meet with them and pull out of that award this particular element were the idea that the County is trying to get a catwalk design that is within the budget that has been allocated for this project.  Mr. Lusk stated he has not been to all the locations that Mr. LeAndro has been to and he is probably correct in the fact that there might have been other projects that are much more enhanced than Brevard has here; Mr. Denninghoff and he both particularly asked FDOT at the staff level and anybody else who would listen is there more money for this project since it came in under bid; and the clear answer given was no.  He stated time is running out and have until January 21, 2009 to come up with some negotiated price on these catwalks so it can be awarded.  He stated that is really where the project is now just trying to get some level of catwalk and amenity for fishermen at that location.

 

Mr. Denninghoff added a couple of items that might be of use; stated originally, the FDOT was very uncomfortable with the catwalks and the reason is they were not clear on what the design might be; there was a lot of disagreement on where it would be located, how high it would be above the water, structural design, and construction elements associated with the project; at the time  that  the  decision  was  made  to  go  to  a  design build feature, because of the uncertainty associated with the catwalks, it was determined to make that a separate element in the bidding process; the reason for that was that they did not want to jeopardize the entire project, including the bridge over what might take place with the smaller project being the catwalks; in addition to that as they got closer to the process of finalizing the package to send out for the design bid process for the contractor teams to bid on the projects; it became apparent that the cost associated with the catwalks with both sides of the bridge span having a catwalk fishing pier element associated with it, it was determined that it would be well over the budget; and so there was a 300-foot element that was on the east side of the bridge span that was deleted as result of that.  He stated leaving the 660 feet on the West side of bridge span so that accounts for the 960 versus the 660; FDOT was never comfortable with the cost estimates associated with this catwalk; even until today FDOT is still not comfortable with its own estimates that it had put together, because the designs had never been fully completed to its design build, which means it does not fully get designed until the project is under construction basically; and the contractors prepared their bids and the process resulted with the bid of $2.55 million for this 660 feet.  He stated Mr. Lusk gave a good description of what is being done now; in that, the County is attempting to negotiate with the contractor to make modifications to the bid

that was prepared under the opuses of FDOT; there is a timeline associated with it if that process is not completely satisfactory and they will move forward with the bridge without the catwalks; the County does not want that to happen; as Mr. Lusk mentioned the County has until January 21, 2009 to complete the process; and feedback is expected from the contractor tomorrow, and he does not know what the feedback will be at this point.  He stated there are several items and he has copies if the Board would like to see them of some different options, including the contractors original proposal of the $2.5 million; but the bottom line is in order to get the catwalks the Board is going to have to reduce the scope to get it; the contractor is trying to work with staff and does not know how well yet because they are to find out tomorrow.  He stated one thing that he did want to mention was Mr. LeAndro mentioned there was 2,000 feet of fishing pier out there today; does not want to disagree with him, but he will; if he is referring to the length of the entire Max Brewer Bridge, and clearly that is not a fishing pier, there is not a 2,000-foot fishing pier out there today; there is a 1,700 foot bridge that does allow people to fish on it; if it was FDOT, people would not be allowed to fish on it, it is a bridge.

 

Chairman Nelson stated he understands Mr. LeAndro’s frustration, because a person drives south  90  to  100  miles  and  gets  to  see  what  FDOT has done there, which is basically what

Brevard is asking for; now it is a different FDOT District and apparently FDOT has individual Districts that have different views of how it works with the community, but he feels it is almost a catch 22; mentioned the comment made by Mr. Denninghoff about the old bridge as one of the concerns was the condition of it and typically what will happen is FDOT will do a rehab of an old bridge and it becomes a fishing pier or a skyway; in this particular case there was concern it was going to fall down and maybe in some respect the County should have dug its heels in and say fix that up, and fought it out at that point; and it would have became a standard part of overall package.  He stated the other frustration he has is that there were other prices that were lower for the construction of the catwalks, but were higher for the bridge and would have hoped that FDOT would have looked at a blend of some kind.  He stated he has some specific questions that need to be answered so it can be put to rest; first of all inquired the Jenson Beach project is in which FDOT District.  Mr. Denninghoff responded in District 4, and Brevard County is in District 5.  Chairman Nelson stated he would like to know what the funding source was for Jenson Beach and Brevard  is  going  to  ask  FDOT  how District  4 was funded in writing with those improvements, because the second part of that is Brevard is being told that the Federal dollars cannot be used that are associated with the Max Brewer Bridge today for construction of these kinds of improvements and he would like to know why and wants to use the Missouri technique “Show Me” where it cannot be used; and wants to make sure it is not a District 5 choice versus a preclusion based on Federal rules and regulations.  He stated this has been typical through the whole process and knows that Mr. LeAndro has concerns about the real heights because of the way it is used as does he because of the recreational uses.  He mentioned he was in the Keys back in June and passed over several FDOT bridges that had rail heights that were not 42 inches high; he stated he is just curious as to why other parts of Florida are able to use different rail heights on similar types of projects; and this thing has been a nightmare from the beginning and the one thing is Brevard does not want to lose the bridges focus, because it needs a new bridge; chunks of concrete are falling out and everyone understands that, but Brevard also wants to be treated fairly in the process and he knows Ralph Poppell has done a great job with trying to get the dollars for Brevard and certainly has worked with FDOT; but if is the FDOT that say these things cannot be done then and that is tough for Mr. Poppell too.  Chairman Nelson inquired could the Board get a report before the Board meets again; and inquired if Mr. Denninghoff knew who created the deadline and for what purpose.  Mr. Denninghoff responded the deadline was created through the District 5 FDOT office that has

a production schedule associated with the funding; FDOT are the one that created the deadline and were originally going to go for 20 days and he was able to get them to  recognize that  was unreasonable and went for 30 days, and stated they may be legally bound at this point, because of the way the procurement works and does not know that, but Brevard is on a very, very short timeline; the process would be that if an agreement is not reached with the contractor that is harmonious with the rest of the project by that date the project would move forward without the catwalks.  Chairman Nelson responded with the difficulty being the Board does not meet again anyway so the Board will not even have the benefit of knowing what the offer may be from the contractor and inquired how is the Board going to deal with that.  Mr. Denninghoff replied the Interlocal Agreement or the Joint Project Agreement with FDOT allows them to move forward with a reduced or scaled back pier; they need a letter from the County is all it is.  Chairman Nelson inquired who issues that letter; in other words FDOT is asking for what the County’s participation will be and how the letter is transmitted to them; and that the County accepts or does not accept what is being offered to it.  Mr. Denninghoff stated that is a good question and is not sure what the details of that is and thinks it can come from staff; but he is willing to bow to the Commissions will. 

 

Commissioner Fisher stated he has mentioned to Mr. Lusk and Mr. Denninghoff that he has some concerns about the contractor and how hard he is working with the County to get the catwalk, but he wants to echo his concern; he considers the dog the bridge and the catwalk the tail of the dog, and he would prefer to have the dog wagging the tail instead of the tail wagging the dog; what is meant by that is he wants the catwalk, and as Commissioners he is quite sure the Districts are all inheriting stuff that is unknown at times, as he is inheriting a lot of stuff; is not saying it is all bad, but what he is saying is there are some surprises in the process and to him that bridge is way to important in North Brevard; and it is six or seven times the $43 million that bridge is going to cost, that is over a quarter of a billion of economic impact for people in that community to have jobs and for the Board to solve what Federal and State money a transportation issue across one of the County’s natural resource that is way to important than the catwalk.  He stated he does want the catwalk as he mentioned; he told Mr. LeAndro yesterday in his office that he does want the catwalk; and there is $1.5 million dedicated to spend on a catwalk and now what that will look like is the thing that has to be figured out in the next couple of weeks; but in no way does he want to see the loss of the bridge or that $43 million or that $250 million impact to North Brevard; now on the other side, he wants all to understand to is that there is a pier that the Federal Emergency Management Agency (FEMA) is helping pay for and that is about $3.5 million to build for fishing; there is $1.5 million catwalk that is known to go somewhere so the Board will be committing $5 million to the fishing population; and is not sure if it should be $6 or $7 million or what the number should be; but he feels that is a pretty big commitment of $5 million; and the $43 million given from the Government for that bridge is way to important to lose because of the catwalk.  He stated to Mr. LeAndro there will be a catwalk there, what it looks like he does not know; the County is going to try and get as much as possible for it; and it is up to Mr. Lusk and Mr. Denninghoff to hold the contractor.  He stated he received a call on Saturday from Representative Poppell and his concern was that there is so much information being driven about this catwalk that messing around could cause the loss of the bridge and it could go to another County or some other State; he does not want to see that happen so he encourages the Chairman to get the answers to your questions and at the same time do not jeopardize this bridge.

 

Chairman Nelson stated he thinks there may be a way of moving it forward, but also, continuing the discussion and what he is suggesting is that the concern is the bridge cannot be lost, that is first and foremost; but whatever the contractor comes back with in terms what that would look like in a reduced version at least gets it onto the drawings and gives the ability to continue to work on  these  issues  to  find  out  the  answers  to  those  questions  in effect; and the worst case scenario is that there will be a reduced version given and the best case scenario is finding out FDOT has not been exactly forthright in terms in some of its answers or having a change of heart and affect a Change Order, because it is so early in the process they do not have a design at this point, so it could be worked pretty hard to see if the County could get the whole thing.  Mr. Nelson stated what he is trying to accomplish is he does not want to jeopardize the bridge and he wants the catwalks to start that design process, but he also wants to buy some time to try and get the answers and see if FDOT can do the entire thing.

 

Mr. LeAndro stated from the very beginning the problems have been with District 5, FDOT; he had to go to Stephaine Kopelousos the Secretary of FDOT to work with FDOT to instruct FDOT District 5 to work with him and the community to help this area; the 2,000 feet he is speaking about is not the bridge; the first plan that he asked for, and has the plans for, showed leaving 500 feet of the old bridge on each side for a fishing area instead of the contractor paying $2 million  or  more  to  tear it  down;  leave that up there and use that $2 million to refurbish the old

bridge; there would no longer be traffic on it and that is the reason the bridge is deteriorating so much is, because of the massive trucks with three times the weight capacity going over the bridge carrying heavy stuff out to National Aeronautics and Space Administration (NASA) and have already lost possibly a billion dollar contract that could have been in this area; and when he and a former Mayor were out there at the bridge one time when the convoy came across the bridge, it was rattling and shaking when the trucks were going by; and pictures were taken of the bridge rusting, rooting, and showing the chunks missing from it.  He stated that is why he was so passionate from the very beginning to stimulate the economy here, Commissioner Fisher; it is not FDOT and the State it is FDOT here; every project he has checked on the State has fully funded it; and the Board has seen all the pictures brought in from all over the State like the Roosevelt and Jenson Beach bridges for examples.  He inquired why the County is being asked to fund this; and stated Truman Scarborough had his own reasons why he thought this was happening, but the problem is the County is being stuck with it and is losing 2,000 feet, because of the layout of the bridge and where it is coming down on the other side; he is not just talking about losing the 1,000 feet of the bridge that is used for fishing and was never talking about that; he is talking about lineal length of the fishing area that is going to be encompassed by the bridge where it will no longer be able to be fished or shrimped; and the main topic is the County is being penalized by the State and the County can reduce the cost of that pier and the catwalks drastically if allowed to build to ADA  recommendations.  He stated there have been letters written pleading with them to let us build it ADA; the State knows the savings that the County knows but the Governor’s office has refused to answer his emails, the State says no; someone from the County, the Chairman needs to go up and talk to the Governor and get an exemption; and he has specific proof that States all over the United States is building to ADA recommendations, it only requires two railings.  He stated there is going to be a massive concrete railing on the Veteran’s Memorial Pier where the disabled cannot even get up to the railing to fish; and he invites all to go out there right now, because anyone under 6’2” will not be able to reach over the railing to shrimp.

 

Chairman Nelson stated it is needed to move ahead with something and first of all he would like to see if FDOT could extend at least to the 27^th of January and preferable the 29^th of January, 2009 to give a chance to understand what the outcome of those discussions with the contractor will be; and if there is a contractual reason then FDOT will have to move ahead.  He stated he would certainly like to extend it 30 days and demand a week; stated the other part is that Mr. Nelson would like to have a better understanding about what the County  is  going  to get for those dollars that are committed; and on one of the options seen, the only thing missing was the middle crossover.

 

Commissioner Fisher stated he thinks one of the concerns is that there is $1.5 million dollars; and it is going to get down to FDOT sending more money this way to extent the cost and help with the catwalk; if it can be designed acceptable or the question is it the County’s going to put more money into this catwalk, which as he understands spending more dollars is not something this Commission is willing to do; that is really what it is going to come down to; that catwalk might look different than what originally thought so there is $1.5 million; and it is just a matter of what it is going to look like, how much the County will get for it, and how serious is the contractor  about  being  able  to  get  the  catwalk.  He  advised  he  has a bunch of
constituents in North Brevard that would shoot him if he has to tell them that they lose of some of the bridge to make sure there is enough catwalk.

 

 

Mr. LeAndro stated the new Commission needs to understand that the total cost of the new bridge is going to save the taxpayers in Brevard County over $1 million a year for eternity, because when the new bridge is built where the County has had to pay for repairs and bridge tenders, that savings is forever over $1 million a year by Mr. Denninghoff’s own estimates; and as the bridge gets older it would be costing more.

 

Chairman Nelson stated he would like a one-week extension so it can be understood what FDOT is going to do; and inquired if the contractor is going to come back with a revised cost for the total and for a reduction of the money.  Mr. Denninghoff responded the intention was for them to consider a number of reductions that were discussed in a negotiation with them last week; stated those included altering the height of the pier, altering the railing, electrical, lighting systems, and altering the configuration of the pier itself or the catwalks; most of those items just described will not have a substantial impact on the cost; altering the configuration is the one that is where the big dollars are going to be, where the cost will be reduced by over $1 million; he came up with several concepts in the meeting, has several more that have came up, and has copies with him if needed to be looked at; but the bottom line is the County is going to have to re-estimate something under 400 feet of pier or catwalk in order to get the cost down to the $1.5 million that has been budgeted for it, that is from the 660 feet as it was bid.

 

Chairman Nelson inquired if there are any objections from the Board for Mr. Denninghoff to ask for that one week extension, so the County can see what the contractor comes back with; and stated there is no assurance that FDOT will do that.  Mr. Denninghoff responded with he can attempt to make that call and tell the Board before the end of the meeting what the result is; stated he fears what the response will be; and there is not another meeting before the deadline.

 

Chairman Nelson stated okay, the Board will come back to this item later on in the meeting.

 

Robert Allen stated he is glad to see the Board is interested in tourist projects, because it will help the Northern Brevard area.  He stated as President of Friends of Playalinda Beach he made two Resolutions this year; one, to bring more tourist dollars into Brevard County and most particularly to North Brevard, which has been hardest hit by the ongoing recession; and a recession that a local economist tells will not ease before 2011.   He stated after speaking at a meeting in December he asked a few people that were mostly from out-of-town to send the Board members emails telling of his or her experiences in Brevard County; from those who sent him copies, he knows of at least 50 emails he received were sent to Commissioners.  Mr. Allen stated one individual from Virginia emailed him stating he and his wife planned last year to visit three beaches and spend one day in Orlando, but after relaxing at Playalinda clothing optional area the rest of the vacation was spent in Brevard, spending money at local restaurants, gas stations, and other local businesses; an individual from Illinois emailed him also, stating she and her husband have been coming to the Titusville area for vacations since the late 1980’s; the sole reason Titusville was chosen is the clothing optional beach; traveling for two days at a distance of 1,200 miles to relax on the pristine beach of Playalinda; but relaxing has become increasingly hard in recent years, due to the constant fear of harassment; and a gentleman from California emailed and stated not every member of the naturist community will write and tell of stories that word gets around that the naturists are not welcome and what has been a reliable tourist base will dwindle, since tourists will not visit and recommend to others whether naturist or not to visit Brevard County.  He advised, a couple from Pennsylvania emailed him last night and many people may not have read it yet; stated they have been traveling to Playalinda Beach for thirty  years;  with  the  couple  owning a travel agency they have sent hundreds of people to the

area for years; but since the passing of the Ordinance No. 95-21, both new and old customers have begun to ask of other places to go; and added, the loss of Playalinda from just the couples agency could cost Brevard a loss of $50,000 a year in lost business.  He stated he has one more that is his favorite from an individual in Orange County who wrote she and her husband are not naturist, but love to frequent Playalinda Beach, because it is a beautiful and natural seashore, and the naturist just want to enjoy it too; she and her husband are not bothered that individuals are nude; and neither should anyone be bothered.   He  stated  that  the Board knows that one of his Resolutions this year is to convince the Board to amend Ordinance No. 95-21 to remove the national seashore from its jurisdiction; his other Resolution is towards the incoming Secretary of the Interior and the National Park Service to transfer the two Federal bureaucrat’s most responsible for chasing tourist away from Brevard County; he is referring to the anti-naturist Superintendent Carol Clark and her anti-naturist Chief Ranger Eric Lugo; asked the Board to please join him in seeking a new Superintendent who will help bring more tourists to the area and not chase them away; but, first and foremost, to amend Ordinance No. 95-21 and take away the only power any Canaveral National Seashore Superintendent has to harass the peaceful and affluent group of tourists and local residents who follow the naturist lifestyle, which is the fastest growing tourist group in the world that spends $1 million a week, and that is 50 birding festivals a year.

 

Ursula Dickens stated for many years she has ran a successful bed and breakfast in Northern Brevard County, a business totally dependent on tourist dollars, therefore, she is very aware of how the loss of a few tourists can seriously effect a small business; stated she is very nervous and a naturist; and she had moved to this area more than thirty years ago because of the clothing optional beach at Playalinda.  She stated when Carol Clark became Superintendent in 2005, she has watched the number of people using the northern section of Playalinda dwindle and dwindle; therefore, stated she joins Mr. Allen in urging the Board to remove the National Seashore from Ordinance No. 95-21 and maybe the thousands of tourist can be won back to visit the area that Carol Clark’s policies have chased away.  She stated because of her bed and breakfast business she has made a lot of friends, and have people calling her asking whether it is safe to make a vacation trip to the area or should they instead go to a club that is designed just for naturists; and due to her nervousness, she does not know what she tells her friends to do.   She stated  it  does  not help to have signs posted only on one crossover, which is the last crossover number 13; the rest of the beach has no signs on any of the crossovers; and she would like to have the Board’s help in bringing the tourist back that Brevard has had.

 

The meeting recessed at 11:17 a.m. and reconvened at 11:25 a.m.

 

 

Chairman Nelson called for a public hearing to consider an ordinance repealing Section 46-40 from Code of Ordinances, relating to requirements for structures served by an onsite sewage treatment and disposal system. He stated this an item he is responsible for, because there was a conflict between State Code and County Code and this will be put under State Code, so, basically it removes the County from that process, because of conflicting information; the State is the one that controls it, which is changed from time-to-time; the County has not changed it, it is not necessarily a better Ordinance; it is just a different one; and inquired if that is correct.

Ed Lyon, Permitting & Enforcement Director, responded yes, it is the Ordinance language that was left from the time the County had control of it; but stated the State does issue the permits and review the criteria.

 

Commissioner Fisher stated going through this he has tremendous wonder of how many different issues could the County take a serious look at and make decisions of whether or not the County or St. Johns River Water Management has to permit something for example or somebody else; and he thinks there are probably some cost savings to the County, because there is some duplication; and he does not know if it is something staff could look at before getting into the budget cycle.  Chairman Nelson advised over the course of the last year the Commissioners started to do more and more of that and it is probably easier instead of having staff do a report of conflict; and he would be happy to hear the Boards comments on that.  He stated this was one that popped up, because they could not get the Certificate of Occupancy, because it was built to the State standard, and the County standard was different; and the problem was found due to real experience.  Commissioner Fisher stated he thinks there is a lot of duplication between cities and County, and County and State; stated there are some areas that could be accepted by the State, because the County accepted it; what is good for one agency should be good for another agency; and complaints are heard in the community about permitting, how difficult it is to permit stuff, and he does not know what they are, but thinks staff should look into it.

 

Commissioner Anderson stated looking at duplication of permitting, there are situations in Brevard County where Brevard is more stringent than the State; not only having to get a State permit from a certain agency, but then a person will have to do so in Brevard County from time-to-time: and originally there could be a workshop, but there is just no way, because the Board would be there for a week and does not know if it should be as it is approached or as individual Commissioners find them and put them on the Agenda.  He stated Commissioner Fisher is correct there is a lot of duplication.

 

Commissioner Infantini inquired if the County currently requires a permit for this.  Mr. Lyon responded no, there have been no requirements for a permit; and what the local office of the State was enforcing is the County’s regulation.  Commissioner Infantini stated good, because she wanted to remove the permit application process if the County was duplicating so it could be pulled out as Commissioner Fisher just stated; and she is completely onboard for getting rid of the permitting processes between the State, County, and the cities.

 

Commissioner Fisher inquired if Assistant County Manager Mel Scott could come up with a couple of examples to help the Board to see if maybe it could be done.  Mr. Scott advised a philosophical approach is if the Board intends to embrace the permitting processes as this year’s budget goes into discussions; as part of cost saving measures, it is intended to identify those areas where the duplications exist and to do its best to quantify the cost that is in place to provide the duplicated service; and to allow the Board to discuss issue by issue to decide whether or not it wants the additional local involvement or not.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to adopt Ordinance Repealing Ordinance 2002-28 Section 5, found in Section 46-40, Code of Ordinances of Brevard  County,  Florida,  relating  to  requirements  for  structures served by an onsite sewage

treatment and disposal system with property lying at or below the 100-year base flood elevation; and providing an effective date.  Motion carried and ordered unanimously.  (See page
                                       for Ordinance No. 09-01.)

 

 

Chairman Nelson called for a public hearing to consider an ordinance for Economic Development Tax Exemption for Geno, LLC.

 

Chairman Nelson stated there are speaker cards on this item; inquired if Greg Lugar, Economic & Financial Programs Director, will speak in reference to this item; and also, inquired if Lynda Weatherman, Economic Development Commission Director, will speak also.  He stated this is the first like ordinance since the new Board has been seated; and this is kind of the poster child for the program that shows how well it works. 

 

Mr. Lugar stated this is a very small company that is currently located in Port Canaveral; Geno, LLC employs six people and are planning to expand to a 6,000 square foot facility on Grissom Ridge; Geno, LLC is a small pharmaceutical company that makes certain equipment and devices; and Mr. Fine is present to give a five minute presentation on exactly what is planned.

 

Chairman Nelson invited Mr. Fine to come forward; and stated the Board appreciates all that he has been doing to date, and everything that will be done in the future.

 

David Fine stated he is the founder of Geno, LLC and will give a quick summary of who they are, what they are doing, and where they want to go.  He stated Geno, LLC is a company with a hundred investors; it is a biomedical start-up, which is unusual for this part of the world; stated Geno, LLC is developing a new line of inhalable drugs for pulmonary hypertension and related diseases for example, high altitude illness; and redeveloping the chemistry, equipment, delivery mechanism, clinical trials subject to the Food and Drug Administration (FDA) approval, and planning to proceed very rapidly.  He stated there are six employees right now with an average salary greater than $95,000 a year who are highly skilled and specialized people, are presently working in 1,500 square feet, and are planning to expand right now, because there is an urgent need of a least 6,000 square feet.  He stated they are planning to hire another 12 people in the next 18 months; following those 12 hires another 18 people; and right now they are starting to look for six more people and the average salary will still be $80,000 and up.  He stated some background on Geno, LLC is the Company was started in Orlando in 2008 and was called Sytera; Geno, LLC is a spin-out of that company; stated Sytera grew to over a hundred employees by 2006 and that was sold to a defense contractor L3; and for L3 there were development of detectived buried land mines for the United States Army, which are now used in Iraq with explosive detectors.  He stated Geno, LLC is faced with a choice right now as it expands in Brevard; stated the biggest problem is attracting people, because it is not an area were there are dozens of companies that it can hire from; he is faced with situations, such as every person hired so far he has had to use headhunters to find the right people; and the alternative is to go to Boston, which has a lot of people in this field, but there are no tech’s vacant there.  Mr. Fine stated he has a home in Cocoa Beach and would like to stay here, but needs to try and offset some of the increased costs of hiring people and bringing them in from other parts of Florida or the County; and one of his employees he brought in from Washington State.  He stated what is planned to do it to expand as quickly as he can, because Geno, LLC is on a very fast growth track with the plans of making this location his company headquarters and are going to be doing a lot of production from this area; there will be no testing at the facility; the initial location has two lots the first is 6,000 square feet; and if they stay on track there are plans to build a second building in an 18 month to two-year period.

 

Chairman Nelson stated the County could use a couple more hundred like Mr. Fine in this program; and inquired if Lynda Weatherman might give an overall view of what Tax Abatement means.

 

Economic Development Commission Director Lynda Weatherman stated she will explain the mechanics of it, but before doing so she would like to explain something that happened to her yesterday with all the Economic Development parishioners across the State; and stated in talking about what needs to be done to be prepared for the tough times the lead generation has stopped cold, companies are not expanding, Ocala has 9.7 percent unemployment rate, and Brevard is not any better in regards to what is happening.  She stated she does not want to talk about the bad economy, but will pick one statistic in unemployments initial claim, which are the first time a person is unemployed he or she goes to the unemployment office and makes a claim, it is the static number per that date when the person filed unemployment.  She stated from October 2008 this has been the highest number of initial claims for the year, higher than the last eight years; she thinks at the end of this year the numbers will be in soon; the 30,000, figure will be broken, which is not hard, because the last three months have been higher than the last eight months prior to 2008; and if the County goes over 30,000 it will be the highest number of initial claims per year since the data has been collected beginning in 1991.  She stated during a conference call yesterday a lot of communities talked about what could be done to be a better State and community; a number of the communities were saying what is needed to get that Advanced Video Technology (AVT) thing done and be more competitive; stated she sat back and thought this is community that had it done and got it; this was voted in 1994 and again in 2004; if a company comes, expands or relocates, Florida Statue 196 allows for a tax abatement  of  the  new  improvements;  usually  for  those  cases someone would relocate their

tangible personal property tax; it is an abatement only from the General Fund of their taxes; the person will pay taxes on the existing facility, but will also pay taxes on school, MSTU, and anything that has a bonding on it; and taxes will still be paid on the new improvements made.  She stated there has been a economic analysis for everyone; stated once this passed in 1994 the first thing the EDC did was come to Brevard’s County Commission, and EDC encouraged and asked that they do a return on investment study of every project; also, supported the use of guidelines, which are the strictest in the State; stated the Statute allows up to a hundred percent for ten years of those new  improvements;  and most communities she is aware of go a hundred percent for ten years, but what EDC wants to do, and understands is a joint partnership between the company making an investment and a County Commission making an investment, which needs to be fair and equitable and that is why they ask for an Return of Investment (ROI); and she is happy to go into more detail if needed.  Chairman Nelson advised it is important to understand that it is on the new improvements, but if it does not meet the proposed numbers then the person will not get the abatement.  Ms. Weatherman stated every year she receives a call from Florida Today stating these companies did not make the benchmarks they said they would  and  did  not  get  their tax abatement what do you think, she stated it shows the program

works and there are no problems with that and the companies do not have a problem with it either; and in fact inquired if Mr. Lugar wanted to talk about how after every year it is checked, because it is quite explicit how it is done if the benchmarks are not met,  because of the 12 months.

 

Mr. Lugar advised the monitoring process that Ms. Weatherman is speaking of is a requirement of the Florida Statutes as well as the Ordinance that the Board has as a guideline for this program; the Board is required each year to ask all of the companies to submit an annual report; it was also asked that the companies provide verification information like unemployment compensation forms that would verify that they have created those jobs or maintained those job increases; if not, in working with the Property Appraiser Office he comes back to the Board and tells of certain companies that may not have built or maintained the jobs, et cetera; typically the Board resends two to five tax abatements annually; and it does self regulate itself.

 

Chairman Nelson stated this is a great program and the Board does appreciate Mr. Fine; and congratulated Ms. Weatherman on the appointment to the Regional Branch of the Federal Reserve.  She noted Brevard County is unique, because of space, but if the space factor was taken out of Brevard the County’s economic base and drivers are unique to the State of Florida; the average share of manufacturing in the State of Florida is eight percent; in Brevard it is about 15 to 16 percent, which means when looking at the policies that are developed on a State level they are not necessarily reflective of Brevard’s economic drivers, because it driven buy other drivers at the micro-economy at the State level; stated what this allows the EDC to do is represent the Space Coast at that level and have an ability to talk about the unique economic drivers and impacts that are impacting the economy; and when, policies and procedures are done, that will be taken in to affect to show the significance of this area.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to adopt Ordinance granting an Economic Development Ad Valorem Exemption to GENO, LLC, 2941 and 2931 Oxbow Circle, Cocoa Florida; specifying the items exempted; providing the expiration date of the  exemption;  finding  that  the  business  meets  the  requirements  of  Chapter 196.012 F.S.; providing for proof of eligibility for exemption; providing for an annual report by Geno, LLC; providing an effective date.  Motion carried and ordered unanimously.  (See page
                                      for Ordinance No. 09-02.).

 

 

Chairman Nelson called for a public hearing to consider Resolution for Petition to Vacate Public interest of right-of-way west of Old Dixie Highway, Paulette Powers/John Evans.

 

Chairman Nelson stated there is a speaker card, which is the petitioner; and inquired are there any questions.

 

John Denninghoff, Public Works Director, stated he would like to point out an error in the description in the background as to the location of the project; stated it is not in Indialantic it is actually in North Brevard, northerly of the Parrish Road and westward of the Old Dixie Highway; and other than that there are no objections.

 

 

Chairman Nelson stated Kristy Mount chooses to not speak.

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to adopt Resolution to Vacate any Public Interest in the Right-of-Way as recorded in Official Records Book 478, Page 295 in Section 20, Township 21 South, Range 35 East.  Motion carried and ordered unanimously.  (See page                                           for Resolution No. 09-008.).

 

 

Chairman Nelson called for a public hearing to consider Resolution for Petition to Vacate Portion of Public Utility & Drainage Easement at Ocean Breeze Circle, Ocean Oaks Subdivision, David Scott Caddell.

 

John Denninghoff, Public Works Director, stated he has received information from Florida Power & Light  (FPL)  that  there  is  a  power  line in close proximity to where the pool would be proposed by the petitioner; it was to be constructed and it will need to be moved at the cost of the petitioner; it is a significant cost; and having not been able to determine from the petitioner if they still wish to go forward, based on this, and rather than carrying an approved vacating request, he requests a continuance to January 27, 2009 to give time to resolve the situation.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to continue the public hearing to consider Resolution to vacate a portion of the public utility and drainage easement on Lot 24 in Ocean Oaks Subdivision to the January 27, 2009 Board Meeting.  Motion order and carried unanimously.

 

 

Chairman Nelson called for a public hearing to consider ordinance for Removing Creamatorium Use from AU and AGR Zoning Classification and adding Said Use to Institutional Use Zoning Classification.

 

Robin Sobrino, Planning & Zoning Director, stated the Institutional Zoning Classification is a fairly new classification in Brevard’s Zoning Code; it addresses various types of institutional uses such as schools, universities, hospitals, cemeteries, et cetera; originally before the creation of the Institutional Use their use had to have different Zoning Classifications for these uses and in that case in the past there used to be cemeteries in the Agricultural Zoning Classifications; when the Institutional Use the cemeteries were pulled out of the Agricultural zoning classifications and put them into Institutional, however, since crematoria are usually an accessory to such activities it is now realized that they should have pulled them out and coupled

them and inserted them instead of Institutional; and stated this is really viewed as a housekeeping measure to allow them to continue to stay with cemeteries.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to remove crematorium use from AU and AGR Zoning Classifications and adding crematorium use to the Institutional Use Zoning Classification IN(L) and IN(H) as permitted with conditions use; and moved consideration of the ordinance to the second public hearing on February 5, 2009.  Motion carried and ordered unanimously.

 

 

Chairman Nelson called for a public hearing to consider ordinance for Amendments to Floodplain Protection Code.

 

Chairman Nelson stated he has speaker cards for the ordinance Amendments to the Floodplain Protection Code; he inquired if there are no objections to the ordinance would the individuals still like to speak; requesting Ernie Brown, Natural Resources Director, to please explain the item and see if there are any comments or suggestion.

 

Mr. Brown stated this is a final hearing on the floodplain ordinance modifications and it specifically targeting the requirement that is currently in place; to bring a private driveway up to or above the base flood elevation; as it currently stands and will currently stand in the future if this is approved; the house and the accessories will still be required to be elevated above the base flood elevation, but in this unique scenario where the public roadway or the Government maintained roadway is below the base flood elevation and there are no plans in the five-year plan to bring that road up to base flood elevation; and it provides an opportunity for that homeowner to not have to bring their driveway up to the base flood elevations.  He stated it is a very unique focused allowance, not a waiver, it is a ordinance allowance for that situation where a property is attached to a public right-of-way or roadway that is not up to Code and has no intention of being brought up to the flood elevation criteria; and in the next five years to allow them to not have to bring their driveway up.

 

Chairman Nelson stated in general this applies to mostly rural types of settings where there are roads  in  the  County’s  rural  area  that  he  is  not sure when they will be taken care of; and the

question was does the County go to the individual to bring the property on the County road up to Code; the good news is a person could get to the National Guard truck at the end of a persons driveway, but he would be in water also.

 

Mr. Brown stated he has thought about adding a new canoe criterion for this one if necessary but that did not quite make it into the Code; there is one other element that is excluded that is working with the Community Rating System (CRS) and Federal Emergency Management Agency (FEMA); the concern had was FEMA regulatory floodways; there are a few of them in Brevard and this would still be required if someone was in a FEMA regulatory floodway, which is known  to  frequently flood-out; and a person would still need to bring up their primary access up

to code.  Chairman Nelson inquired how that affects this particular property.  Mr. Brown responded it does not.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to adopt Ordinance of Brevard County, Florida, Amending Chapter 62, Article X, Division 5 Code of Ordinances of Brevard County, Florida relating to Floodplain Protection specifically amending Section 62-3724 Development Regulations; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed; provided for inclusion in code and an effective date.  Motion carried and ordered unanimously.  (See page                  for Ordinance No. 09-03.)

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve Task Order 00-47 with S2L, Inc. for preparation of biological assessment and review of habitat field services

for the U.S. 192 site.  Motion carried and ordered unanimously.  (See page
                                     for Task Order 00-47.)

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve Task Order 00-48 with S2L, Inc. to conduct wildlife habitat surveys for U.S. 192 Site.  Motion carried and ordered unanimously.  (See page                                 for Task Order 00-48.)

 

Commissioner Fisher stated he will make a motion to approve the item for extension, but would like to address the whole thing in this time environment whether or not six months is really an adequate time, because in previous meetings what he has seen is that these extensions are granted and people sit out in the audience and wait on it, and then it comes back to the Board as routine to extend; stated it may make sense to extend to 12 months or 18 months or 2 years; inquired what is a good turn around extension.

 

Chairman Nelson stated it will be good to get a recommendation from staff based on their experiences as to what would be a reasonable timeframes; stated Commissioner Fisher is right, there has been seen a lot of extensions in the past and that gets more frustrating; there does need to be limitations, because if it extended too far, the Codes change and suddenly the person has done nothing, but has avoided Code changes that may be really important; and there are limits to it and everyone it familiar with that.

 

Ed Lyon, Permitting and Enforcement Director, stated he would look at it and come back to the Board with an Agenda item with recommendations on some timeframes for the Board’s consideration on a later date.

 

Chairman Nelson stated the Board will do that with a legislative intent and that way it moves the process along at that point.  Mr. Lyon advised that is fine and a good idea.

 

Commissioner Fisher inquired is March 14^th really a good timeframe; and inquired if it could be seen again in 60 days.  Mr. Lyon responded he cannot speak directly for them, but he understands Commissioner Fisher’s comments and is not sure if the company is going to be able to get much going within that short time frame.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to grant a waiver of Section 62-3205(a) to allow a 12-month extension for Sherwood Villas Phase 2, from September 14, 2008 to September 14, 2009, in order to allow the applicant additional time to complete the plans and obtain approval of the project.  Motion order and carried unanimously.

 

Chairman Nelson stated with the passing of Commissioner Bolin’s husband Bob, it is important to respect and be sensitive to what she is going through; stated he has cancelled the meeting on January 15^th and is trying to reschedule the meeting to January 29^th; he would like the Board direction in that regard; and he is looking at February 24^th for the Strategic Planning Workshop, which is the meeting that got bumped from the 29^th.

 

Commissioner Infantini stated she would like to get some clarification in the Board Policies, because her staff was trying to look up what constitutes as a Special meeting; she was hoping to go forward with the workshop schedule, because the Board does not typically cancel meetings when one Commissioner is not going to be present as it is having this meeting today; and feels this meeting is just as important as scheduling a workshop for discussion.  She stated she would like to have more specific language put into a Board Policy so it is clear what a Special meeting is and when meetings can be cancelled.

Chairman Nelson advised there is already a section which allows the Chairman, at his discretion, to do that.

 

Commissioner Infantini stated the problem is it does not define what a Special meeting is, so it was not found when one could be cancelled, because her staff could not find the definition of a Special meeting; while looking at some of the Board topics when going to the web site of some of the Agendas sometimes it would say Special and sometimes it is called a Workshop; there was no  actual  definition  found  where  one  was permitted; she would have rather gone ahead with the Workshop so there would be two weeks in for working on the budget; and the Board would be scheduling more of them.  Chairman Nelson explained with all due respect he would not have wanted that meeting, because he thinks it would have been disrespectful under the circumstances.  He stated if somebody is on vacation he certainly does understand this was not something that was planned or in any other way anticipated, so it would have not been his preference to go ahead with it, because he thinks the Board Members all need to hear the same things particularly the fire assessment, which is going to be discussed; there is no more critical issue that the Board is going to deal with; and he thinks all Board Members need to be present for those types of meetings.  He advised there are times, for instance, that Board Members have polled each other to see who can or cannot be there; and meetings are not schedule when Board Members cannot be there; it can certainly be looked into when the Policy comes back; and Commissioner Infantini will have the opportunity to offer some suggestions as to what the wording might be.

 

Commissioner Anderson stated when the revised data was received, he thought he had something scheduled personally, but he did not have anything scheduled; inquired should the Board Members schedules be open to the office so it can be seen and how should that be handled.  Chairman Nelson responded the cancellation is one thing so that frees up time; stated he as a Chairman does not have the ability to call for a meeting other than a Special meeting; he would not consider a Workshop to be called Special in that regards; and his thoughts in effect to the meeting on the 29^th would be a change in topic not date.

 

Commissioner Anderson stated he does not think the members of the Board that are not present are violating the Sunshine Law; as a policy from his office, if someone is going to be out there will be an email sent; and he will do that to be polite to the Board.

 

Scott Knox, County Attorney, stated he would be happy to try and define some of the terms, because some of the terminology is outdated and should be updated.

 

Chairman Nelson stated when there is a desire to schedule a meeting, Sally Lewis will poll the Commissioners with what his or her schedules allow; in some cases, meetings are moved to permit scheduling; and the Commissioners own personal schedules will have to move around just to accommodate the Board’s scheduling needs.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve changing the January 29, 2009 workshop topic to Budget Overview; and approve February 24, 2009 as the workshop date for Strategic Planning.  Motion carried and ordered unanimously.

 

 

Chairman Nelson stated there is a card for an item that was already passed under Public Comment; first he needs the Boards permission to come back to Public Comment; Courtney Roberts would like to speak relating the delivery of financial records relating to Roberts vs. County; and he wants to ensure it will not in conflict with any Board Members or any limitations to this.

 

Scott Knox, County Attorney, advised it is fine with him if Mr. Roberts would like to speak and would not engage anything with him back and forth, because he is represented by counsel.

 

Chairman Nelson stated the question before the Board is will it go back and take in one additional Public Comment; and he was just making sure so the Board or Mr. Roberts would not be in any trouble.

 

Courtney Roberts stated thanked Chairman Nelson and he appreciated his concern.  He stated he has not had the opportunity to speak directly with the members of the County Commission on this matter, because Mr. Knox held an Executive Session that has precluded him from now being able to communicate with the Board directly; stated he is here on his own out of frustration, and Mr. Torphy does not even know that he is present today.  He stated he has come  today  to  deliver  copies  of  the  financialrecords, documents, receipts, invoices, bids, et cetera, but Mr. Knox stated in testimony he did not have them before him; therefore, he could not evaluate the claim, and his only purpose is to deliver these documents that have been offered to Mr. Knox continuously since October 2006 that his office has reviewed in deposition

duces tecum and in two discovery sections.  He stated it is his intent today to deliver these documents so that issue can no longer be raised in the court hearings.

 

Scott Knox advised he is pleased to receive them since he has not received them up to this point in time.

 

Chairman Nelson stated the Board is in receipt of the document; and thanked Mr. Roberts. 

 

 

 

Upon motion and vote, the meeting adjourned at 12:09 p.m.

 

 

 

ATTEST:

 

                                                                                    _________________________________

                                                                                    CHUCK NELSON, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK