MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

February 9, 2010

 

 

The Board of County Commissioners of Brevard County, Florida met in regular session on February 9, 2010, at 9:01 a.m. in the Government Center Florida Room, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Mary Bolin, Commissioners Robin Fisher, Chuck Nelson, Trudie Infantini, and Andy Anderson, County Manager Howard Tipton, and County Attorney Scott Knox.

 

 

The Invocation was given by Pastor Ken Ingraham, Covenant Presbyterian Church, Palm Bay.

 

Commissioner Fisher led the assembly in the Pledge of Allegiance.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to approve the November 10, 2009 Regular Meeting Minutes.  Motion carried and ordered unanimously.

 

 

 

Commissioner Anderson read aloud a Resolution recognizing No Limits Academy.

 

Motion by Commissioner Anderson, seconded by Commissioner Nelson, to adopt Resolution recognizing and commending No Limits Academy for its contributions and dedication in recognizing the potential of children with disabilities.  Motion carried and ordered unanimously. 

 

 

Commissioner Anderson read aloud a Resolution recognizing Ability Plus Therapy, Inc.

 

A representative from Ability Plus Therapy, Inc. stated she has two children with cerebral palsy that she has rehabilitated; she discovered this type of therapy in Poland and brought it to Melbourne; and now she helps to rehabilitate children from all of the world that come to Ability Plus Therapy, Inc.  She stated she adopted her son at the age of three; at that time, he was using a quad walker; and now he walks with canes from the therapy that he has received from Ability Plus Therapy, Inc.  She stated she has learned a lot and she felt it was time to bless other children with her knowledge; now there are 19 children enrolled in the No Limits Academy; there are three exceptional student education teachers and five aides; and huge progress is being made with the students. 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Nelson, to adopt Resolution recognizing and commending Ability Plus Therapy, Inc. for their contributions and dedication in recognizing the potential of children with disabilities.  Motion carried and ordered unanimously. 

 

 

Commissioner Anderson read aloud a Resolution supporting inclusion of a proposed reservoir in the 2010 plan of the St. Johns River Water Management District, as a complimentary water resource.

 

Carl Scully stated the concept of the reservoir is a very constructive one; it will provide future water supplies in the south Brevard area where there is a lot of growth anticipated in years to come, but it will do more; it will reduce the flow of freshwater into the Indian River Lagoon; and it will permit the diversion of stormwater from areas where it produces flooding.  He stated there is an opportunity to do a lot with this; and he appreciates the Board’s support, along with Fellsmere, West Melbourne, and Palm Bay.

 

Motion by Commissioner Anderson, seconded by Commissioner Nelson, to adopt Resolution acknowledging the need to plan for meeting the future water supply needs of Brevard County and supporting the inclusion of a proposed reservoir in the 2010 Plans of the St. Johns River Water Management District as complementary water resources.  Motion carried and ordered unanimously. 

 

 

 

Howard Tipton, County Manager, stated he would like to receive the Board’s input on the Space Workshop; President Obama’s direction has been given; and now the impacts on Brevard County need to be understood; and inquired if the Board is in favor of bringing individuals from NASA, Space Florida, EDC, and Workforce Brevard, to the Workshop to talk about the meaning of the President’s direction, as well as to look at any course corrections Brevard County might need to make in terms of the Save Space initiative, or any Legislative initiatives the Board would like to pursue.

 

The Board reached consensus to discuss the impacts of President Obama’s direction concerning NASA and the Kennedy Space Center.   

 

 

Howard Tipton, County Manager, stated the March 18, 2010 workshop will be the date the Financial Analysis will be brought back to the Board, which is the short-term outlook for the rest of the fiscal year and the next three to five years out.

 

 

Commissioner Nelson stated he has a handout for the Board for an Item that was originally going to be before the Board on February 23, 2010 on the 15^th Annual Brevard Stand Down 2010.  He stated it is a great event in which the homeless Veterans are brought into the National Guard Armory in Cocoa, given clothing and their health needs taken care of; it is an incredible program; and he would like to request the Board waive the fare that day for the Veterans who will be attending the function.  He noted it will be a $60 loss; but it is a great opportunity for the Board to do something for some of the homeless Veterans.

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to approve waiving the required fixed route fare for those homeless Veterans traveling to the 15^th Annual Brevard Stand Down on March 20, 2010.  Motion carried and ordered unanimously.

 

 

Chairman Bolin inquired if this would be for the homeless Veterans, or all of the Veterans.  Commissioner Nelson replied the event is for all Veterans who identify that they are attending the 15^th Annual Brevard Stand Down. 

 

 

Commissioner Bolin stated she would like to invite everyone to come to her office and view the owl nest, as it is visible from her office window. 

 

 

Commissioner Nelson stated he would like to pull Item III.C.5, Return and Reallocation, Re:  Fiscal Year 2008-09 Canaveral Port Authority Contracts Fees, for discussion.

 

Commissioner Infantini stated she would like to pull Items III.A.2, Approval, Re:  Brevard County Pine Island Stormwater Improvement Project; and III.A.3, Approval of Interlocal Agreement with Titusville-Cocoa Airport Authority and Permission to Bid and Award Expansion of Stormwater Pond, Re:  Merritt  Island  Airport  Pond, for discussion.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to authorize procurement of a Challenger MT535 Boom Mower and specified attachments utilizing the Florida Sheriff’s Association Bid Number 09-17-0908.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to adopt Resolution for the cancellation of real property taxes on property acquired for public purposes lying in Section 16, Township 26, Range 36, and located in District 4.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to grant permission to advertise a Request for Proposals for Continuing Roofing Contracting Services; established Selection and Negotiating Committees consisting of Steven Quickel, Facilities Director, or designee, Facilities Manager of Design and Construction Bill Clifton, or designee, and Parks and Recreation Construction Manager Joan Van Sickle, or designee; authorize the award of an initial one-year Contract with the selected vendors, with three, one-year option renewals; and authorize the Chairman to sign Contracts and each of the one-year Written Notice of Contract Renewals.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to grant permission to bid renovations to the 2^nd floor mechanical room piping in Building “E” at the Brevard County Government Center, Viera; and authorize the Chairman to execute the contract for same.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve acceptance of the Volunteer Fire Assistance Grant in the amount of $4,850, with the grant being utilized to purchase four mobile VHF radios with antennas and their installation of in Brevard County Fire Rescue (BCFR) brush trucks.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve an Amendment to the current Automatic Aid Agreement between the City of Cocoa Fire Department  and  Brevard  County  Fire  Rescue,  to  provide for balanced and equitable contribution of emergency services resources by both participating agencies.  Motion carried and ordered unanimously. 

 

 

                                                 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to appoint Deborah Greenough to serve on the Palm Bay Regional Park Advisory Committee, replacing Orlando Gatell, with said term of appointment expiring December 31, 2010.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve the revised Helen and Allan Cruickshank Sanctuary Management Plan.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve and authorize the Chairman to execute Agreement to Extend Existing Contract with Ryder Transportation Rental, Inc. to provide vehicle fleet maintenance and repair management services for Space Coast Area Transit for an additional three days, until January 31, 2010.  Motion carried and ordered unanimously. 

                                                                                             

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to cancel the February 11, 2010 Workshop.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to confirm the appointment of Alfonso Jefferson, Jr. as the Brevard County Budget Office Director.  Motion carried and ordered unanimously.

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve acceptance of the Homeland Security Sub-Grant Agreement for $44,000, Contract Number 10-DS-39-06-15-01, Florida Division of Emergency Management, Department of Community Affairs; authorized the Chairman to sign the Contract; and authorized the County Manager or designee to sign any documents associated with the grant and to make any necessary selections as required to execute the grant.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to appoint and/or reappoint Brian Trumble to the Contractor’s Licensing Board, with term expiring December 31, 2010; Officer Gregory Shaw to the Country Acres Advisory Board, with term expiring December 31, 2010; Tom Schuler to the Extension Advisory Council, with term expiring December 31, 2010; Samuel C. Lopez to the Historical Commission Advisory Board, with term expiring December 31, 2010; Deborah Greenough to the Palm Bay Regional Park Advisory Committee, with term expiring December 31, 2010; and Melvin “Ted” Whitlock to the Palm Bay Regional Park Citizens Advisory Committee, with term expiring December 31, 2011.  Motion carried and ordered unanimously. 

 

 

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

 

 

Commissioner Infantini stated Commissioner Nelson has expressed his concerns about a great deal of flooding in the Cocoa area in the past; she wants to make sure that taking money out of the Stormwater Utility Assessments for this area will not have an impact on other areas that have greater flooding needs, because those areas have been highlighted in past meetings.

 

Ernest Brown, Natural Resources Director, stated Item III.A.2 is a flooding and water quality project; Pine Island, which is part of the northern Merritt Island complex, as far as the watershed, has also experienced a great deal of flooding; so the Pine Island Project addresses one of the priority flooding areas; and that still moves forward, as it relates to the meeting of the flooding needs.  He stated Item III.A.3 is primarily a water quality project; there is a two-fold mandate in Brevard County, and Statewide, with flooding and water quality; there are the total maximum daily loads, which is a Federal mandate that is passed down to the State, that then gives the County the pleasure of addressing at the County level; and this particular project addresses a lot of the water quality aspects associated with that mandate.  He stated the other element is that there is a significant amount of grant funding that is tied to both of these projects; in the last couple of years the focus has been on flooding; the water quality projects have not been neglected, but the State has been asking the County questions about when implementation will begin on these projects, and has expressed concern that if the County does not continue to move forward with these grant-funded water quality projects, it will not continue to provide funding in the future until progress is seen in these areas.

 

Commissioner Nelson stated he appreciates Commissioner Infantini’s concern; the projects are being balanced between all of the different parts of the District, where the monies are collected; even during the discussion about Cocoa, he mentioned that Merritt Island, and North Merritt Island in particular, was not eligible for the funding that was being appropriated at that time; and there was significant flooding there.  He stated both of the projects are good and consistent with the long-range plans.

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to approve Grant Contract Agreement F0288 with the Florida Department of Environmental Protection (FDEP) for cost-chare funding for Phase I of the Pine Island Stormwater Improvement Project; authorize the Chairman to execute the proposed Contract on behalf of Brevard County; and approve associated budget change requests, as needed.  Motion carried and ordered; Commissioner Infantini voted nay. 

 

Commissioner Infantini stated she wants to make sure that the Board is properly prioritizing where it is spending money, so that going forward the Board will not run out of funds for the flooding, which in the past Commission meeting, everybody said the highest priority was to take care of those that were going through flooding; she is not trying to minimize the impacts of water quality, but if the Board is prioritizing where it is spending its money, she wants to make sure there is sufficient funding available currently for the flooding situation first, because that was expressed as the priority before the water quality; and inquired if Commissioner Nelson is confident that he has enough funds available to address all of the flooding issues.

 

Commissioner Nelson replied he is confident there will never be enough money to address all of the flooding; this is part of an ongoing program; it has a 50 percent match of $300,000; but $300,000 in the drainage world is not going to a lot of flooding types of issues; and he believes it is a balanced program.  He stated the Board has done all of the reasonable things that can be done to move forward; the next phase on Pine Island is in the millions of dollars; and the Board is going to have to address how it approaches those issues. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to approve Interlocal Agreement with the Titusville-Cocoa Airport Authority (TCAA) to allow the County to convert an existing borrow pit on the Merritt Island Airport property into a stormwater treatment pond; and authorize bidding for construction of the project and awarded the construction contract to the lowest responsive and responsible bidder.  Motion carried and ordered; Commissioner Infantini voted nay. 

 

 

Commissioner Nelson stated he does not have a problem with the return of the dollars; but he would prefer the County Manager look at the bigger picture of some of the shortfalls the Board is facing, and seeing if this is the highest priority in that kind of process. 

 

Howard Tipton, County Manager, stated he believes the Item can be pulled back from the Agenda; he placed a call yesterday to Greg Pelham, Budget Officer for the Sheriff’s Office, but he did not get a chance to speak with him; but he will follow-up with Mr. Pelham and bring the Item back to the Board at the appropriate time.

 

Motion by Commissioner Nelson, seconded by Commissioner Fisher, to withdraw return and reallocation of Fiscal Year 2008-09 Canaveral Port Authority Contract fees for law enforcement vehicles, equipment and services for the Canaveral Precinct, from the Agenda; and directed Howard Tipton, County Manager, to discuss the issue with the Sheriff’s Budget Manager, Greg Pelham.  Motion carried and ordered unanimously.

 

 

Amy Tidd stated she would like to invited the Commission and its constituents to an event occurring over the weekend called Hands Across the Sand; it is a Statewide rally to address the issue of oil drilling; the issue came up in the Legislature last year; it is a concern to many constituents in Florida; and in Brevard County, several cities, including the Cities of Cape Canaveral and Cocoa Beach, have adopted resolutions against furthering oil drilling.  She advised the rally is a Statewide event; 70 beaches are being organized throughout the State; and there are four locations in Brevard County, with the main location being Lori Wilson Park at Cocoa Beach.  She read aloud a note from a gentleman in Texas that states people go to Florida for its beaches, not Texas, because of what the oil and gas has done to its beaches.  She stated Florida’s beaches are a great source of revenue; the tourists help pay the taxes, so there is no State Income Tax; and that is very important to a lot of people.  She stated she would like to see a lot of people at the beach this weekend; everyone will be wearing black; the beach cleanup will begin at 12:30 p.m.; and people can visit www.handsacrossthesand.org to find more information.

 

 

 

Chairman Bolin called for the public hearing to consider Resolution vacating Public Utility Easement and Public Drainage Right-of-Way in Briarwood Manor Subdivision as petitioned by James Swonger and Valarie Page.

 

John Denninghoff, Public Works Director, stated the Item has been continued a few times to give staff time to straighten out some technical issues associated with the petition; at this point, all of those issues have been resolved; at the last meeting there was an outstanding issue with the title of the property, which has been corrected to the satisfaction of staff and the County Attorney’s Office; and a Hold Harmless Agreement has been executed and is included as part of the action.  He noted there was one objection from a neighboring property whose primary concern was associated with whether or not the County could continue to maintain the drainage for this particular drainage right-of-way; and Road and Bridge has evaluated it and has agreed that it can still maintain that property, just as it has in the past. 

 

There being no further comments or objections heard, motion was made by Commissioner Fisher, seconded by Commissioner Anderson, to adopt Resolution vacating portions of the Public Utility Easement and Public Drainage Right-of-Way in Briarwood Manor Subdivision petitioned by James Swonger and Valarie Page.  Motion carried and ordered unanimously. 

 

Chairman Bolin called for the public hearing to consider Resolution vacating right-of-way, London Boulevard fka Roosevelt Avenue, Map of Kelly Park as petitioned by Fatima Phillips and Space Coast Petro Distributor, Inc.

 

John Denninghoff, Public Works Director, stated the Item has been continued a few times while staff has attempted to work out some details associated with the request; the Homeowners Association and the homeowners in the adjacent subdivision are still having a little bit of difficulty getting a resolution to their concerns; and staff is suggesting the Board consider a continuance to the April 6, 2010 meeting.

 

Commissioner Nelson stated this vacating has been more complicated than most because of some issues associated with what happens after the vacation occurs; and he thinks the 60 days is enough time to solve the problems and bring the item to closure.

 

There being no further comments or objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Fisher, to continue the public hearing to consider vacating right-of-way, London Boulevard fka Roosevelt Avenue Map of Kelly Park, as petitioned by Fatima Phillips and Space Coast Petro Distributor, Inc., to the April 6, 2010 meeting.  Motion carried ordered unanimously.

 

 

Chairman Bolin called for the public hearing to consider approval for the First Quarter Supplemental Budget for Fiscal Year 2009-2010.

 

There being no objections heard, motion was made by Commissioner Fisher, seconded by Commissioner Anderson, to approve the First Quarter Supplemental Budget for Fiscal Year 2009-2010; authorize the Chairman to sign the Resolution; and approve the budget changes and such actions as are necessary to implement the adopted changes.  Motion was carried and ordered unanimously. 

 

 

Chairman Bolin called for the public hearing to consider exemption from Landscaping, Land Clearing and Tree Protection Code for Ivanhoe and Vidina Drive roadway construction project.

 

Ernest Brown, Natural Resources Director, stated the Item is a public interest determination for an exemption from the Landscaping, Land Clearing and Tree Protection Ordinance for a roadway construction project at Ivanhoe and Vidina Drive; it is an exemption for linear project; staff has evaluated the exemption and it meets all the criteria for public interest for the Board’s consideration; and staff has no concerns with the project.

 

There being no further comments or objections heard, motion was made by Commissioner Fisher, seconded by Commissioner Anderson, to approve the exemption of Ivanhoe and Vidina Drive (08SD-00787) from the Landscaping, Land Clearing and Tree Protection Code.  Motion carried and ordered unanimously.

 

 

Euripides Rodriguez, Solid Waste Management Director, stated the County mulches the vegetation and has excess mulch; and in the past, the excess mulch has been contracted with Wheelabrator, which is a facility belonging to Waste Management in Polk County, who then burns it and converts it into electricity.  He stated there has been a lot of interest from other people regarding the process; the Wheelabrator Contract is about to expire in May; staff is suggesting to go back out to bid; originally, staff had anticipated a five-year contract, which has been reduced down to a three-year contract; it is his understanding that there has been a lot of communications from different vendors that have approached him; and he would like to request permission to go out for bid for a one-year contract, with two one-year renewals, which will give staff flexibility of accepting any new technology available.

 

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to grant permission to bid, award bid, and authorize the Chairman to execute the contract with the awarded contractor for the transportation and final disposal of wood waste from the County’s solid waste disposal facilities, for one-year with two one-year renewals.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to approve and authorize the Chairman to execute an Exchange Agreement between Brevard County and the Trustees of the State of Florida (DEP), Resolution, Deed, Release and an Application for Upland Easement for a portion of the Cruickshank Environmentally Endangered Lands Program acquisition needed for Barnes Boulevard project located in Rockledge, Florida in Section 22, Township 25 South, Range 36 East, Brevard County, Florida.  Motion carried and ordered unanimously. 

 

 

Robin Sobrino, Planning and Development Director, stated staff is bringing back the legislative intent and permission to advertise an extension to the Impact Fee Moratorium; and the Ordinance, as it is currently drafted, proposes a one-year time period for the extension, however, it would be up to the Board to direct the timeframe that it wishes to have.

 

Franck Kaiser stated it is great to see this Item on the Agenda for advertisement because the need in the community is greater than ever; the employment situation has degraded since last year when this was first initiated, which was the intent of the ordinance; more unemployment is coming; and because nothing has improved and nothing is anticipated to improve for two years, he begs the Board for relief to try to reduce the financial burden upon those that are trying to do any work, such as commercial remodeling or development. 

 

Commissioner Nelson stated he is going to support going to the next step; and inquired how many hearings are needed.  Scott Knox, County Attorney, responded one hearing.  Commissioner Nelson stated he also spoke with Mr. Kaiser briefly, along with some others in the industry, about an alternative to Impact Fee Waivers; when working construction, the area that has to be paid into are Impact Fees, which is generally for new structures or expansions that create additional impacts, or the permitting process itself; and Impact Fees, in terms of the permits that are pulled that have impacts fees associated with them are approximately ten percent, which means 90 percent of the construction industry is not seeing a benefit, per se, out of what is being done.  He stated the biggest problems in the developed areas of the County are foreclosures that need repair, and people improving their own homes because they are not able to move; and plumbers, electricians, and AC contractors are pulling permits to help people improve what they have.  He stated he began wondering how permitting fees relate to impact fees, and if they are the same in terms of benefit; the difficulty is that impact fees are for the future; the Board is saying it is not going to collect those impact fees; and at some point in time, the Board has pushed out to some other group the cost of making those improvements.  He stated the alternative would be that the Board look at funding the Building Department fully, and then waiving permit fees; a new homebuilder would still benefit, but the benefit would also go to the people who are re-doing their pools, docks, and other things; and it would incentivize improving what people already have.  He stated before the issue comes back to the Board, he would like staff to take a look at the alternative, which would be the waiving of permit fees, which would then spread across the entire construction industry, versus the impact fee waiver, and see if the numbers are equal; the downside would be that the Board would have to fund the Building Department; and stated it is a different way of looking at the same problem that potentially has the same benefit financially to the new home constructor, as well as adding a benefit to the contractors doing smaller jobs and not having to pay impact fees.

 

Commissioner Anderson stated the original intent of the Impact Fee Moratorium was for commercial development, and to have something in place that the Board can utilize as a marketing tool to someone who may want to relocate to Brevard County and build a commercial establishment.  He stated there has been a lot of focus on residential by newspapers and citizens; in his District there are a lot of brand new empty houses, which have to be filled before new houses can be built; and the waiving of impact fees was to address the situation that the Board needs to get businesses up and running that would employ people.  He stated he is okay with the intent of waiving permit fees; and the Board can get the information from staff, and discuss it in the public hearing process.

 

Commissioner Nelson stated one of the refunds the Board made was almost $800,000 to Sam’s Club; stated Sam’s Club is a national company that certainly can afford to pay impact fees; now those impacts are there in West Cocoa without any ability for the County to somehow fund it; but he does not know when the County will ever get to it, because it does not have the resources to do so; and that was an $800,000 loss to the County’s impact fee structure.  He stated he would like to add an option that benefits 100 percent of the construction community, versus a select piece of the construction community.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve the legislative intent and granted permission to advertise an ordinance to extend the Moratorium on the collection of transportation impact fees; and direct staff to research an alternative to the Impact Fee Moratorium, which would be to fund the Building Department and wave Permit Fees.  Motion carried and ordered unanimously.

 

 

Steve Stultz, Central Services Director, stated staff is seeking direction from the Board regarding the current process for tie breaking procedures, as it relates to bids, quotes, and proposals; the existing procedure is very simple, it takes into consideration whether the companies are certified as a drug-free workplace; in the instance where companies have a drug-free workplace, or if they do not have a drug-free workplace, it goes directly to breaking the tie by a lot; and in that kind of case, staff flips a coin.  He stated that procedure works very well for bids or quotes in which just the cost of the procurement is considered as the determining factor; evaluating bids and quotes is very objective; and so it is easy to get to that bottom line price, where the companies have met all of the required specifications, such as identical warranties and delivery times.  He advised in that objective scenario, the current procedure works well; where it does not work well is in the case for RFP’s; the best example would be when the County acquires insurance; RFP’s are not necessarily looking at the bottom line with cost as the sole determining factor; there are other criteria; and there are other evaluation criteria that has been considered, some of which might be the proposed solution, such as the bidder’s past experience on some projects, and their staff qualifications and expertise.  He stated the Agenda Report provides some options for the Board to consider; in the case of proposals, the first option would introduce an additional condition to look at before getting to an actual coin toss; and that would be in the case of a tie on proposals, who is the actual lowest cost proposal.  He stated another option would be to determine if a company has an established business location within Brevard County.  He noted the difference between option one and option two is that option two takes into consideration the evaluation criteria, because cost may not always be the most important factor to consider. 

 

County Manager Howard Tipton stated his experience on proposals has been that cost is important, but it may not be as important as the strength of the team and the experience of the company being hired; the Board will pay much more in the long-term if it does not have that strength in experience in the company being selected; and Option 2 allows the Board to give credit to those weighted factors that are more important than cost. 

 

Motion by Commissioner Nelson, seconded by Commissioner Fisher, to approve Option 2, amending the procedures for the breaking of tie bids, quotes, and proposals, as summarized on Page 2 of the Agenda Report.  Motion carried and ordered unanimously. 

 

 

Scott Knox, County Attorney, stated the item is an amendment proposed for the Vested Rights Ordinance, which addresses the slab situation that came before the Board at the last meeting; and staff is requesting permission to advertise at the legislative intent stage.

 

Commissioner Nelson stated it appears the legislative intent is specific to just one property; he has a problem with the whole concept of being able to go back over an unlimited period of time and allowing someone to not be brought into compliance; it is a terrible precedent to set; he believes the Board is setting itself up to other unusual requests that are inconsistent with what it is trying to accomplish; and he will not be supporting the request.

 

Commissioner Infantini stated it may be specific to this parcel, but this particular person, Mr. Ron Mellin, bought a piece of land with a house on it; the house burned down two years later when Mr. Mellin was out of town; and when Mr. Mellin returned he was told the Comprehensive Plan had passed and that he was no longer allowed to rebuild.  She stated Mr. Mellin went before the Special Magistrate, who recommended that vested rights be allowed so that he could rebuild; the Commission, in its wisdom at that point in time, said no; then Mr. Mellin went before the Special Magistrate again; and again, the Special Magistrate, with his real estate experience, said Mr. Mellin should have vested rights and be allowed to rebuild; but once again, the Commission said no.  She stated if she had a house that burned down, she would like to know that she could rebuild it; only one family contested the request; and the other families around the property were all in favor of allowing the owner to rebuild.  She stated when there is only one person complaining, but everyone else is in favor of it, that person should be allowed to rebuild his or her house.

 

Commissioner Fisher stated he has a concern about changing an Ordinance for just one property, as it could open up the door for other opportunities; before the Ordinance is changed, he would like to allow Mr. Mellin to try to obtain a permit; and if Mr. Mellin can get a permit, he would be more willing to make a change to the Ordinance.

 

Commissioner Infantini stated if Mr. Mellin is able to obtain a permit, but the Board does not approve it going forward, he will have spent a lot of money in getting a permit; Mr. Mellin is trying to do due diligence before he spends money on a permit; and the Ordinance change does not grant him permission, it just gives him the right to seek permits.  She stated the Board put in place the Comprehensive Plan in 1988, but the house burned down in 1982; and she does not think it is fair. 

 

Commissioner Fisher stated the Ordinance does not just deal with houses that burned down, it deals with the Comprehensive Plan amendment and changes; and inquired what it will actually mean if the Ordinance is changed. 

 

Robin Sobrino, Planning and Development Director, stated the Ordinance is crafted to look at a very narrow view of the existing Vested Rights Ordinance; it relates to one portion of the existing Ordinance that discusses existing single-family residences; there are other tests for which vested rights could be considered and granted, but this specifically hones in on the language that currently makes reference to an existing single-family residence and attempts to broaden the allowances within that terminology.

                

Attorney Knox stated all the request does is allow a person, that was in Mr. Mellin’s situation, to apply for vested rights; in Mr. Mellin’s case, he was denied; the Ordinance provides that if a person has been denied vested rights, because of a situation such as Mr. Mellin’s, in the past, then a person would qualify for vested rights now; but if there was another situation involved that was not Mr. Mellin, the criteria for vested rights would have to be met apart from the fact that there is a slab that qualifies for vested rights; and someone would have to prove that there was an act or omission from the County.  He noted the request does not automatically grant vested rights to other folks; and it just expands the types of projects, or situations, that would qualify for an existing residential use.

 

Chairman Bolin stated she reviewed the tape from the 2007 meeting when Mr. Mellin was before the Board; it is on record that one of the concerns she had was to make clear that if the Board moved forward with something like this, that Mr. Mellin would have to follow and complete all of the permits that were needed to be able to build, which are substantial; and Mr. Mellin agreed and understood what he was up against.  She stated she is leaning towards giving Mr. Mellin the right to try, but he needs to understand that there is very strict adherence to all of the requirements for the permits.

 

Commissioner Infantini noted Mr. Mellin received his Homestead Exemption from the Property Appraiser’s Office, so the house was homesteaded as his primary residence prior to it burning down.

 

Commissioner Fisher stated he is in support of it, but he wants the applicant to get the permit to build it; and if Mr. Mellin can get the permit he will support the vested rights ordinance.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to grant permission to advertise public hearing (10-day notice) for proposed ordinance amending Section 62-507(d)(2) of the Code of Ordinances of Brevard County, Florida, by clarifying the definition of an “Existing Single-family Residence” qualified for vested rights and providing for automatic retroactive vested rights for newly qualified owners of single-family lots denied vested rights prior to enactment of this amendment.  Motion carried and ordered; Commissioners Fisher and Nelson voted nay.

 

 

Denis Dillon stated he is present today to challenge the notice of accumulated fines at his residence at 9265 Highway A1A, Melbourne Beach, Florida; and when he purchased the house he was told that the previous owner would adhere to the violations.  He stated it was his neighbor that complained about the house the way it was when it was purchased; he spoke with the neighbor and he is happy now with everything; the demolition has been done, but there are $35,000 in fines accumulated; and he would like to see if it can be cleared up, so he and his wife can continue with construction to rebuild the home for their retirement years.

 

Ann Dillon stated from the day the house was purchased they have worked diligently to hire somebody to do the demolition, to get the plans, to follow every step that had to be done; she wishes there could be some agreement today so they can move forward to be able to keep going forward with this; and they can get this house like the other houses that are in that neighborhood and be proud that they live in Melbourne and not have to go through this huge, dark tunnel of financial strain.

 

Commissioner Fisher inquired if the Dillon’s were aware that the fine was in place when they purchased the home; and inquired if the fines had something to do with the purchase price.  Mr. Dillon responded they were aware that the fines were accumulating; and it had nothing to do with the purchase price, because they paid over market value for it.  Commissioner Fisher stated he thought the Dillon’s were buying the property as is, because they were fully aware of the fine and that they were buying at a reduced price because the property was in hardship.  Ms. Dillon responded the first offer for that property was $650,000; and they did not receive a break on this house.

 

Commissioner Infantini stated she has to say there was a period of time in 2005 where just oceanfront lots were selling for $1 million without a house on it;  she concurs with Commissioner Fisher that it would appear that while Mr. and Mrs. Dillon paid a substantial sum for the house, they did so knowing that there was a great deal of fines that had accrued; she does not blame the Dillon’s for being optimistic and hopeful that the fines would be waived; she personally feels they have received a lower price than what would have otherwise been charged knowing that it had $30,000 worth of fines and the house had mold; and the Dillon’s knew it would have to be torn down.  She stated she is not of the opinion that it should be waived, because she thinks the Dillon’s have received their $30,000 break from the sellers because they knew the house had so much in accrued fines.

 

Mr. Dillon stated truthfully, they did not think they had to tear down the whole house when they purchased it, which is their fault and they are not looking for leniency; but with the values today, it can be bought for under $600,000.

 

Commissioner Nelson stated he is not going to focus on what was paid or not paid; the Board has had circumstances in the past, where in advance of a closing the issue of fines had been brought before the Board where it was apparent that the new owner who did not create the violation was going to improve the property; and those fees have been waived.  He stated this case is unusual because the Dillon’s took a huge risk by closing on a property first, as  apposed to working  out that  violation  issue in  advance; he does not want to penalize the Dillon’s because Code Enforcement is about compliance and bringing something back to livable condition and keeping with the neighborhood, which he thinks is what the Dillon’s are trying to do.  He stated if the Dillon’s ever bought again he would suggest they make sure that the liens are taken care of first, before closing the deal.  He stated he would be supportive of waiving and getting the hard costs that the Board has incurred over the period of time that this has been dealt with, because it is consistent; and there was one in Satellite Beach, which was exact thing where the gentleman bought a property that was a terrible property, knocked down the house, but before he did that he came before the Board and inquired if the fees can be waived, because he was trying to do the right thing, which was approved.  He feels the Dillon’s case is along that same line.

Robin Sobrino, Planning and Development Director, stated typically, individuals who appear before the Board seeking the relief from fines and liens have gone through the required process of seeking relief through the Special Magistrate, who in turn prepares a recommendation for the Board’s consideration; in this case, that step has not occurred yet, so therefore, she would recommend that the procedure be followed, that the Dillon’s appear before the Special Magistrate and make application for a reduction; and then the Board can consider the recommendation of the Special Magistrate.

 

Commissioner Fisher stated it appears it is one thing to come before the Board before a property is purchased, but in this case, they did not come before the Board before the purchase of the property; and then the fines accumulated because when they signed the acknowledgement of the fines, the fines were $24,000, and now they have accumulated to $32,000; and there was not any effort at that point in time, as fines were accumulating, to try to do something about the fines.

 

Commissioner Anderson stated he is fine with the request as long as the Dillon’s come into compliance; he does not want to use Code Enforcement as any kind of revenue generating source; and he will support sending the Dillon’s before the Special Magistrate to get a recommendation.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to acknowledge request by Denis and Ann Dillon regarding abatement of existing lien and accrued fines, and halting all recurring fines on property located at 9265 Highway A1A, Melbourne Beach; and advised the Dillon’s that the proper procedure is to go before the Special Magistrate, who then makes a recommendation to the Board.  Motion carried and ordered unanimously.

 

 

Helen Voltz stated in the subdivision of Oak Grove in West Melbourne, there are children that are being bused to Meadowland Elementary School and Central Junior High School; but that busing will stop at the end of the year; and the only reason busing is being provided currently is because it was assumed the County and City were going to install a portion of sidewalk.  She stated children are coming out of Oak Grove and crossing the street with no traffic light or crosswalk; it is a very dangerous situation for children; and School Board Member Andy Ziegler recommends the sidewalk be put in place.  She noted the cost for the sidewalk is $75,000 to $85,000; the City of West Melbourne has agreed to pay half of the cost; the children will walk on the east side of the road down to Florida Avenue, and they will cross there at the crosswalk; and the City of West Melbourne is in full support of the sidewalk.

 

Scott Morgan, City of West Melbourne, stated Ms. Voltz did a good job of describing the background of the situation; he supports Ms. Voltz’s request; and stated even though the sidewalks along a County road would normally be a County responsibility, the City of West Melbourne is willing to come up with half of the cost. 

 

Stephanie Eley, City of West Melbourne, stated this is a subject that is very important to the City because of the safety issue; the School Board will no longer be offering bus service to those children beginning next year, because it was anticipated that this sidewalk would be extended, giving the children a safe route to get to school; and it is also one of the very few segments along Hollywood Boulevard on the eastern side that is not currently paved; but it will provide a continuous pathway if that section is completed. 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to support the paving of a portion of sidewalk on Hollywood Boulevard, with the City of West Melbourne paying 50 percent of the costs.  Motion carried and ordered unanimously.

 

Milo Zonka stated before the Board is a Resolution from the Space Coast League of Cities; and stated the Board has been copied on individual Resolution’s that have been coming from the individual cities regarding the Criminal Justice Advisory Commission.  He stated the instigation for this actually was the October 27, 2009 workshop that the Board held to discuss some of the concerns that exist within the system and how some factual cases in which there is not good results that are being generated from the system because there are so many moving parts to it, such as law enforcement, prosecutors, defenders, corrections, Department of Juvenile Justice, and State funding for other various functions.  He advised the Space Coast League of Cities met and unanimously approved the Resolution that has been delivered to the Board; and 12 individual cities have also delivered the Resolution, whether the cities have their own police departments or operate under the County’s MSTU for Sheriff services.  He stated the Space Coast League of Cities advocates the formulation of a countywide Criminal Justice Advisory Commission, to be appointed by the Board of County Commissioners; the Board should be charged with examining issues, making recommendations, and publishing a timely report to the community at large; and the Advisory Board should incorporate stakeholders from all aspects of the Criminal Justice System, to include victims of violent crime and family members of homicide victims, which are the ultimate stakeholders. 

 

He advised the Space Coast League of Cities also advocates participation by a cross-representation  of local law  enforcement, the  Sheriff’s  detention center  staff, the  State Attorney’s Office, County and Circuit Judiciary, Sheriff’s Office, Department of Corrections, Probation and Parole, and the Florida Department of Law Enforcement; the Space Coast of League of Cities would like to get everyone at the table; and it would like the Board of County Commissioners to be the facilitator because it is a Brevard County issue and it is very deep in its ramifications to the residents of Brevard County.  He stated there are Legislators putting forward bills to try to decrease the felon population in the system because they do not want to pay to incarcerate felons at the State level; and noted the Governor released a budget last week proposing to close three Department of Juvenile Justice facilities.  He stated he encourages the Board to adopt the Resolution; appointments and the scheduling of meetings will be submitted within the next month; and he encourages the Board to host the discussion.

 

Commissioner Anderson inquired if the emphasis is on the violent criminal, which is what the focus is really geared towards.  Mr. Zonka responded yes, violent crime and repeat crime is the emphasis.  He noted at the Crime workshop there were examples of each jurisdiction having individuals with dozens of felonies, and arrests, and are still walking the streets; and the violent repeat offenders are a big concern.

 

Commissioner Fisher stated he has been talking with Police Chiefs, State Attorney’s, and Judges; there is no doubt that everyone is concerned about violent crime; and there are some statistics that say crime is down.  He stated he has no doubt that the different agencies need to come together; there is a Public Safety Coordinating Council that has been in place with Commissioner Anderson sitting on that Council; that Council has Public Safety representatives that could probably strengthen the communications; and with that committee in place and meetings being held, he is wondering if that committee could be strengthened to become the source to handle this.  He stated the one thing that everyone probably agrees on is that the people who can make a difference need to get to the table quickly; and all the members can discuss issues in their area of expertise.  He noted he spoke with Judge Harris recently and mentioned the plea system has to be in place or else there will be a full jail; and by Statute it is an automatic 15 years if there is no plea.  He stated Law Enforcement has a perception that the system is broken right now; real conversations need to take place with all of the players involved; and the community needs to be apart of it. 

 

Commissioner Anderson stated he is the Vice Chair of the Public Safety Coordinating Council and was appointed by Chairman Bolin; the Council has Judges, non-profits, and mental health representatives; by State Statute there are a minimum number of attendees required that must attend the meeting, but it is not limited to those; and if there is already a base in place, add to the existing committee, and get moving on the issues.

 

Howard Tipton, County Manger, stated the primary purpose of the Public Safety Coordinating Council is to examine the jail population to make sure that the folks that are in jail are the ones that need to be in jail, and that the process is moving effectively.  He stated it is not uncommon for the largest police agency, or multiple police agencies, to have a seat at the Public Safety Coordinating Council’s table; certainly that is the one place that convenes all of the different players; it is a system with many moving parts; and it is the one place where all of those  parts come  together.  He  stated  there  was  a recent meeting schedule change to go bi-monthly instead of monthly; the Council sets its own schedule, so there is an option to address issues in a more urgent manner if that is the desire of the Board.  He stated he thinks the workshop in October identified clearly that there are some issues within the system in terms of the way that it addresses serious violent crime; in order to address a lot of the serious crime, all of the other aspects of the caseload and the docket have to be dealt with; it is important to look at notices to appear and all of those things that can address those non-violent or minor issues; and move them into a more appropriate channel, so that the resources can be put in place and move forward.

Commissioner Fisher stated he is not sure how strong the Public Safety Coordinating Council has been over the last few years with making sure they are active and meet some of the desires that Mr. Zonka had. 

 

John Lau stated he was unaware of the Committee, although he has been in law enforcement for 18 years; and stated perhaps the Committee can have a couple of other people included.

 

Wayne Holmes, Assistant State Attorney, stated he is currently the Chairman of the Public Safety Coordinating Council, which is a Committee that has been in existence as long as he can remember; it has been used primarily to assist with jail issues; but as Mr. Tipton indicated, it has been used for a broad range of issues to look at different aspects of the Criminal Justice System, because everything about the Criminal Justice System will ultimately impact the jail; and issues such as bail and pre-trial release have already been dealt with by the Public Safety Coordinating Council.  He stated it is a tool the Board already has; by the Committee being a statutory group, it already has members and authorizes these other members to participate in the process, such as the judges, State Attorney, Public Defender, and Department of Corrections; otherwise, the Committee would be created by invitation only; and some of those agencies may not want to participate, such as the Department of Corrections.  He advised the Board has an opportunity to tie into an existing Committee that is well established and founded; the Committee has been meeting regularly for the last two to three years because of the County’s pending suit relating to the overcrowding of the jail; and all of the issues need to be looked at as a comprehensive matter, because they will be issues that will come back and impact the Board one way or another, as it relates to the jail. 

 

Commissioner Nelson stated in effect, there is a mechanism in place; it may need to be strengthened, redirected, and expanded to some of the additional parties; but he likes the fact that it is statutory; and one of his concerns was that the Board cannot force agencies to get together by creating a task force, but the State Legislature did; and if the Board expands it to that purpose then there would be an outcome in which the issues can be addressed.

 

Commissioner Fisher inquired if the Commissioners are allowed to appoint members to the Committee.  Mr. Holmes advised the last revision allows the Brevard County Chairman some flexibility in appointing additional members to the Committee; but it does not prohibit anyone from addressing the Committee; there are two different issues involved, because  each of the  Committee members  fall under the Sunshine Law; many times it is not in the best interest of a law enforcement agency, or victim, or other agency that may want to address the group, to be under that process; and it is the Board of County Commissioners that will ultimately decide what direction the Committee goes in, and what report comes back to the Board.  He stated the State Attorney’s Office’s opinion that it would be more important to the Board if it not be a part of a particular committee, but that it be available to advise the Board and provide information for the ultimate outcome.

 

Commissioner Fisher inquired if the meetings could be monthly because the issues are so critical right now; inquired if there could be two police chiefs be involved in the Committee; and inquired if there could be some victims and their family members on the Committee.  Mr. Holmes stated those things are possibilities; it is something the County Attorney could be involved in, in advising the Board; there is also an expanded version of the Public Safety Council which involves several counties; and that even has a Chief of Police on it as a regular member.  He stated now that the Chief’s of Police are becoming aware that the Committee exists, they may or may not want to be actually a member of the Committee, as opposed to a presenter.

 

Commissioner Infantini stated the Chiefs of Police could provide different perspectives because each municipality is its own self and has different issues separate from the Sheriff; and it would be her recommendation to let the Chiefs of Police attend the Public Safety Council meetings.

 

Commissioner Anderson stated the next meeting scheduled for the Public Safety Council is April 7, 2010; and inquired if Mr. Zonka can present this same information at that meeting.  Mr. Zonka replied yes, he can do that.   Commissioner Anderson stated perhaps the Police Chiefs Association can determine if they want to have an appointee from their association on the Committee.

 

Commissioner Fisher stated he would like to have the ability to appoint a Police Chief or victim to the Committee, to ensure some of his concerns are addressed. 

 

Mr. Zonka stated there is a time element involved; the Legislature is going into session in March; there are cuts on the table currently that would further impair the system; and he can wait until April, but it defeats some of the purpose and puts the system more at risk. 

 

Commissioner Anderson stated the bi-monthly meetings came about because the Public Safety Council did not have as much substance as it needed to continue monthly; but the Public Safety Council has to decided if it wants to go to a monthly meeting; and some of the judges have already scheduled some of their meetings.  Mr. Holmes stated part of the problem is that just as everyone else has experienced budget cuts, the judges have experienced cuts, but the case loads have not changed; one reason for adopting a set schedule was so that they could carve out their schedule and make that time; and most judges cannot attend a Public Safety Council meeting for a full day because of their calendars; but it is possible since there is County staff that already supports the Public Safety Council, to set up a meeting in March.  He stated there would need to be adequate time to notify the public.

 

Commissioner Fisher stated he spoke to Judge Harris, who indicated that the judges want to be at the table during the conversations; and stated Judge Harris indicated he would have to rearrange his docket if he had to.  He stated both Judge Harris and Judge Silvernail recognize the seriousness of the situation; he would like to see the Public Safety Council go back to a monthly meeting; and his direction would be that the Council immediately go back to monthly meetings and at the same time, direct Attorney Knox to research whether a Commissioner can make an appointment to the Council.  Attorney Knox advised he can give the Board an idea of how it can do that.

 

Commissioner Nelson stated the folks that are going to be on either committee are going to be the same; there is a significant overlap of the issues that will be discussed; the Board can always look at another option at a later date if they do not come up to speed; but the reality is that they are all the same folks; and he thinks it is a changing of their charter and what they are going to look at. 

 

Commissioner Anderson he would like to ask staff to contact the members of the Public Safety Council, to arrange a March meeting.

 

Mr. Holmes stated when the schedule was set up, everyone’s schedule worked the best for the first Wednesday of the month; and it would be his suggestion to send out notice and set up a meeting for that first Wednesday in March.  He noted that also gives time for the County Attorney to make recommendations to the Board, and for the Chairman to make appointments, if appropriate.  He stated something else the Board may want to look at is the potential for the Board to go ahead and adopt a resolution; and one item listed is adequate funding by the State for the responsibilities it should be taking and not putting back on the Board of County Commissioners.

 

Commissioner Fisher stated the League of Cities and the State Attorney provided him with a resolution; and if any resolution is passed by the Board of County Commissioners, he would like to see that the State Attorney’s Office and the Police Chiefs all endorse it. 

 

Commissioner Anderson stated he would like to make sure that all of the Police Chiefs are notified of the March Public Safety Council meeting. 

 

 

Upon motion and vote, the meeting adjourned at 10:57 a.m.

 

 

 

 

 

ATTEST:                                                                                                                                

                                                                        MARY BOLIN, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _                                  BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK