MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 6, 2009

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 6, 2009 at 9:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, County Manager Howard Tipton, and County Attorney Scott Knox.  

 

The Invocation was given by Father Bradley Beaupre, St. John the Evangelist Catholic Church, Melbourne, Florida.  

 

Commissioner Andy Anderson led the assembly in the Pledge of Allegiance. 

 

 

Chairman Nelson read aloud a resolution proclaiming December 2009 as Hadassah Goes Green Month.

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to adopt a Resolution proclaiming December 2009 as Hadassah Goes Green Month.  Motion carried and ordered unanimously. 

 

 

A Hadassah representative advised at the upcoming Hadassah meeting, there will be a speaker from East Coast Hydroponics and Organics who will be talking about simple ways to grow vegetables and herbs; and the City of Cocoa is holding a Taste of Israel on November 1^st at the Cocoa Civic Center.

 

 

 

Chip Roberts, Assistant Vice President, College of Medicine, stated he is pleased to present the Board with the President’s Trust Society Award from the University of Central Florida (UCF).  He noted the Society was established in 2000, and it honors the University’s most generous contributors who have cumulatively given $100,000 or more; and the Board’s support has helped the University achieve many things, such a 2,000 square-foot building, and a 170,000 square-foot medical education building.  He stated the charter class of 41 students have a 3.8 Science Grade Point Average, which is the highest in the State; the class has a 32.2 Medical College Admissions Test (MCAT) Score, which is the highest in the State and the only school in the State in which its MCAT surpassed the national average; and a great level of diversity has been achieved as well, as 40 percent of the students are female, and 40 percent are represented  by  minority  groups.  He  expressed  appreciation  to  the  Board  for  its continued support of the Program and for championing the importance and the benefits of the Medical City  and Medical College at Lake Nona. 

 

Chairman Nelson stated the University of Central Florida has done a great job, not only with the Medical School, but in the community and the partnerships it has developed. 

 

 

Commissioner Fisher read aloud a resolution recognizing October 2009 as Domestic Violence Awareness Month.

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to adopt a Resolution recognizing the month of October 2009 as Domestic Violence Awareness Month; and together with the Commission on the Status of Women, calls upon all Brevard citizens, government agencies, public and private institutions, businesses and schools to recommit the community to increasing awareness and understanding of Domestic Violence and the need for community support and services.  Motion carried and ordered unanimously. 

 

 

Commissioner Fisher noted the Board is holding a Crime Prevention Workshop on October 27^th, and any of the Domestic Violence Organizations are invited.

 

A representative from the Commission on the Status of Women advised in Brevard County last year, nearly 4,000 domestic violence crimes occurred, six of which were murders; most crimes are not reported; domestic violence can happen to anyone; and domestic violence affects people of all socioeconomic backgrounds and education levels.  He noted the phone number to the Domestic Violence Hotline is 1-800-500-1119.

 

Lorraine Trent, Chair of the Commission on the Status of Women, stated the Commission is a wonderful group of ladies; and she appreciates many different sources coming together to wipe out domestic violence.

 

 

 

Commissioner Fisher read aloud a resolution recognizing October 2009 as Silent Witness Month.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to adopt a Resolution recognizing the month of October 2009 as Silent Witness Month; and together with the Commission on the Status of Women, calls upon all Brevard citizens, government agencies, public and private institutions, businesses and schools to recommit the community to increasing awareness and  understanding of  domestic  violence and  the need  for community support and services.  Motion carried and ordered unanimously.  

 

 

Michelle Passione, City of Palm Bay expressed appreciation to the Board for the Resolution; and the City appreciates Brevard County’s Task Force against domestic violence. 

 

 

Chairman Nelson read aloud a resolution proclaiming the week of October 4 – 10, 2009 as National 4-H Week in Brevard County.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt a Resolution proclaiming the week of October 4 – 10, 2009 as National 4-H Week in Brevard County.  Motion carried and ordered unanimously. 

 

 

Logan Strack expressed appreciation to the Board for the Resolution and for its support over the years.  He stated he is the current President of the Brevard County 4-H Council; and in addition, he is the Sergeant at Arms of the District VIII 4-H Council.  He noted 2009 is no ordinary year for 4-H, as it is celebrating Florida’s 100^th Anniversary; stated he has participated in projects, such as leadership, gardening, dog projects, embryology, 4-H Tropicana speech contest, consumer choices, woodworking, citizenship, aerospace, community service, sewing, performing arts, State 4-H camp legislator, State 4-H Congress, baking, fishing, camping, marine science camp, fossil digging, muzzle loading, and citrus trees; and he has taught workshops, such as Giving Back to Others What has Been Given to Me, Canoeing, GPS, and Rocketry.  He stated in 2004, he and his brothers spear-headed bringing a mock legislature to Brevard County; and they learned, in a fun way, how a bill becomes a law.  He advised on October 20^th, his Council will be hosting its Fifth Annual Brevard County Mock Legislature; and after learning the legislation process, he might want to become a County Commissioner in a few years.  He stated he knows today, budget cuts are more prevalent than ever; he appreciates how the Board has wisely invested in the youth of Brevard County; and he appreciates the Board’s support.

 

 

Commissioner Bolin read aloud a resolution recognizing Brevard County TRIAD Inc.’s 10^th Annual Senior Fest.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt a Resolution recognizing a day in honor of Brevard County TRIAD, Inc.’s 10^th Annual Senior Fest on October 9, 2009 from 8:30 a.m. to 2:00 p.m.  in the Melbourne  Auditorium;  and  urges  Brevard  County senior to attend this free, significant, and definitely worthwhile event.  Motion carried and ordered unanimously. 

 

 

Ron Morgan expressed appreciation to the Board for the Resolution and for its support of Senior Fest over the last 10 years; and he encouraged the Board, and its citizens, to attend the 10^th Annual Senior Fest.

 

 

 

Commissioner Anderson read aloud a resolution proclaiming October 4^th through 10^th, 2009 as Fire Prevention Week.

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to adopt a Resolution proclaiming the week of October 4^th through 10^th, 2009 as Fire Prevention Week; and called upon the citizens of Brevard County to, “Stay Fire Smart! Don’t Get Burned”, by participating in the fire prevention activities at home, work, and school and to take the steps needed to make their homes and families safe from fire.  Motion carried and ordered unanimously. 

 

 

Fire Rescue Chief Larry Collins stated Fire Prevention Week is the opportunity for Fire Rescue to remind citizens of how to stay fire safe, how to prevent fires, and how to react if something transpires; the use of smoke detectors is critical, as is the use of escape plans, to everyone’s safety; and it is not only a Resolution to be read, but a Resolution to be adopted by people in their homes and businesses.  He stated he would like to encourage the Board, and the community, to visit any fire station and meet the fire fighters and paramedics on duty.

 

 

 

Chairman Nelson performed the Swearing In ceremony of Chief Larry Collins.

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to accept Larry Collins as Brevard County’s Fire Chief for the Brevard County Fire Rescue Department.  Motion carried and ordered unanimously.

 

 

Chief Collins expressed appreciation to the Board for the Swearing In ceremony; stated he is overwhelmed; the welcome he has received has been outstanding; and he looks forward to a long and prosperous career in Brevard County.

 

 

Chairman Nelson read aloud a resolution proclaiming October 2009 as Filipino-American History Month.

 

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to adopt a Resolution proclaiming October 2009 as Filipino-American History Month with Florida’s Space Coast Filipino-American Charitable and Education Foundation, Inc., celebrating the month with the Second Ilang-ilang Gala on October 18, 2009 at the Eau Gallie Civic Center.  Motion carried and ordered unanimously. 

 

 

Terry Hine, President, Filipino-American Association, expressed appreciation to the Board for the Resolution proclaiming October 2009 as Filipino-American History Month; and stated Brevard County has a rather large Filipino community of professionals and other enterprises contributing to the betterment of the community preserving Filipino traditions and culture for future generations.

 

 

 

County Manager Howard Tipton advised Item III.A.1., Interlocal Agreement with Town of Grant-Valkaria, Re:  Stormwater Program Administration, will come back to the Board at a later date; and Items III.C.3., Acknowledgement, Re:  Palm Vista Preserve East Community Development District Proposed Fiscal Year 2008-2009 Budget, and Item III.C.5., Acknowledgement, Re:  Palm Vista Preserve East Community Development District Proposed Fiscal Year 2009-2010 Budget, are withdrawn from the Agenda. 

 

 

 

Commissioner Bolin stated on Saturday, the Viera East Community Development District sponsored a Golf Clinic for Disable Veterans; and she would like some of the coordinators to describe the Golf Clinic.

 

Vinnie Anella advised the Viera East Community Development District has taken the opportunity to thank Brevard County’s veterans; veterans do not get the recognition they deserve; the community took the challenge to do something for veterans; and there will be four Veterans Golf Clinics.  He stated there have been numerous sponsors come on board without any reservations and did not hesitate to provide food and drinks. 

 

Bob Johnson stated exposure for the veterans enables the community to identify their needs; as the Clinics were held, it was realized that there are a number of organizations in the community that needed to opportunity to have greater exposure, such as for housing or medical needs.  He stated as the Clinics are conducted, he expects non-profit Veteran’s organizations to attend; and he expects that to greatly benefit the veterans.

 

 

 

Commissioner Bolin stated the Cocoa Beach Air Show was held over the weekend; the U.S. Army Golden Knights Parachute Team gave her the actual baton they pass among themselves when parachuting; and she will give the County Manager the baton to be displayed in the display case. 

 

Chairman Nelson stated he enjoyed the Air Show; next year, the Blue Angels are expected to be part of the Air Show; and it was a good two-day event.  He noted a lot of hotels rooms were rented to locals who went beachside for the weekend to attend the Air Show.

 

Commissioner Bolin stated she spoke with an individual attending the Air Show from out of town who was using the SCAT bus to get to and from the Air Show; and she would like to commend SCAT for its services.

 

 

 

Commissioner Anderson stated for his Friday in the Field, he visited the Brevard County Detention Center; it is an extremely well-run facility; and he is confident that Corrections Officers do a great job in Brevard County

 

 

 

Chairman Nelson stated the 920^th Rescue Wing held a demonstration; those guys had been deployed several times in life saving missions to Iraq and Afghanistan; they are an awesome group of individuals stationed at Patrick Air Force Base; and they have to go through an extra year of training before they can jump out of helicopters.

 

 

 

Chairman Nelson stated he would like to recommend the reappointment Bob Baugher to the Tourism Development Council (TDC).

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to reappoint Bob Baugher to the Tourism Development Council, with term expiring December 31, 2013.  Motion carried and ordered unanimously.

 

 

 

Commissioner Infantini advised she would like to pull the following items for discussion:  Item III.A.2., Approval, Re:  Permission to Quote Materials and Services for Road and Bridge Construction Projects Countywide; Item III.B.1., Approval, Re:  2010 American Recovery and Reinvestment Act Weatherization Assistance Program Agreement; Item III.B.7., Sovereignty Submerged Lands Lease with Board of Trustees of the Internal Improvement Trust Fund of the State  of  Florida, Re:  Chistenson’s  Landing; and  Item  III.B.7.,  Approval,  Re:  Transfer  up to $300,000 from Tourism Development Disaster Fund 1444 to Tourism Promotion and Advertising Fund 1331. 

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to accept an Ingress/Egress, Maintenance and Drainage Easement from Wat Punyawanaram of Melbourne, Inc. Buddhist Temple.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to accept a Deed from the Oak Grove Homeowners Association for road right-of-way in Section 17, Township 28 South, Range 37 East.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to accept a Deed and Sidewalk, Drainage and Utility Easement from Florida Business Bank, formerly Bonita Beach, LLC located in Section 13, Township 27 South, Range 37 East.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to accept a Drainage Easement from Donald Lee Stevenson and Hedy S. Stevenson; waive the Joinder in Dedication of Easement; and authorize payment in the amount of $1,500 plus approximately $10.70 recording costs.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to adopt a Resolution and certify the road,  shoulders,  swales,  and  associated drainage  appurtances thereto is a County road on the maintenance map for Dora Avenue to be recorded in a Road Plat Book in the Public Records of Brevard County, Florida.  Motion  carried  and  ordered  unanimously.   

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve and authorize the Chairman to execute a County Deed, Resolution, and Interlocal Agreement with the City of Melbourne, for the transfer of Harlock Road from Parkway Drive northward.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve and authorize the Chairman to execute the Agreement with the Friends of Ulumay, Inc. (FOU) for Ulumay Wildlife Sanctuary.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve naming the pavilion at Chain of Lakes soccer fields, Judge John Dean Moxley Pavilion.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to authorize the Chairman to execute an Agreement with the City of Titusville for Community Development Block Grant funds from the City to make improvements to Isaac Campbell, Sr. Park in Titusville.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve and authorize the Chairman to sign the Medicaid Waiver Services Agreement with Florida Agency for Persons with Disabilities for the Home and Community-based Waiver/Family and Supported Living Waiver Program.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to acknowledge receipt of the Canaveral Port Authority’s Resolution adopting its FY 2009-2010 Budget.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to acknowledge receipt of the Montecito Community Development District Resolution 2009-08 indentifying the District’s 2009-2010 Meeting Schedule.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to acknowledge receipt of the Palm Vista East Community Development District Resolution 2009-04 identifying the District’s 2009-2010 Meeting Schedule.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve the Natural Gas Sales Agreement with FPL Energy Services, Inc. and authorize the Chairman to sign all associated documents related to the Agreement.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve scheduling a presentation by The Viera Company during the November 19, 2009 Workshop to discuss their proposed amendments to the Viera DRI and Development Order, Comprehensive Plan, and Planned Unit Development rezoning requests; and establish a 3:00 p.m. start time for the regularly scheduled December 3, 2009 Zoning Meeting at which the Board will consider all of these items for approval.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, approved discussing the Brevard County Comprehensive Plan during the October 15, 2009 Workshop and Code Enforcement during the October 29, 2009 Workshop.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve the renewal of the Medicare Advantage Health Plans for the 2010 plan year with Health First Health Plans; authorize the Office of Human Resources/Employee Benefits to  negotiate and execute all agreements necessary to place this coverage effective January 1, 2010; and restructure premiums for group health plan members electing to participate in these health plan options.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to execute the Settlement Agreement and Release of Claims with Axis Surplus Insurance, United States Fire Insurance Company, and Westchester Surplus Lines Insurance Company for the 2004 hurricane and/or windstorm losses related to Hurricanes Charlie, Frances, Jeanne, and Ivan.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve requisitioning one-twelfth of Fiscal Year 2010  budgeted  funds  at  the  first Board  of County Commissioner’s meeting in October 2009, one-sixth budget in January, and equipment (capital) budget.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve the Bills and Budget Changes as submitted.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini stated the Item was placed on the Agenda and would circumvent Board approval of different contracts, stating it would delay projects by several months; considering the Board meets every two weeks, she is not certain why there would be a delay; and she would prefer the Items be placed on the Agenda as add-ons, rather than on the Consent Agenda, which gets blanket approval.

 

John Denninghoff, Public Works Director, advised in the past, a number of the vendors who provide material for road and bridge construction purposes have been reluctant to provide bids for any significant period of time, which puts staff in a position of re-bidding even for a one-year contract; one exception is the asphalt contract; and the reason for that is that there is a statewide asphalt price index that is used to adjust that price.  He stated there is no price index for other materials used such as lime rock, base rock, concrete, reinforced steel, and fill; as a result, staff has to re-bid and go through the bidding process over and over in order to move projects forward; and because of that, staff has had Board authorization to use a quoting process rather than a bidding process.  He stated staff solicits a minimum of three quotes, which are sealed quotes; it is similar to the bidding process except it is done more quickly; it is done on a project-by-project basis; and staff is able to move projects forward very quickly in that circumstance.  He stated staff can do bidding, but the projects would slow down; he does not know how long there could be a valid bid that vendors are willing to honor if prices change; and prices have stabilized some, but there still is no resource to be able to pull out if the prices go up.

 

Chairman Nelson stated as he understand it, the quote would go through the entire purchasing review; and staff gets three sealed quotes that are then reviewed by Purchasing and the County Manager for final approval.  Mr. Denninghoff stated that is correct; staff utilizes Purchasing for that purpose; and staff follows all of the normal processes and procedures.  He stated the idea is to try to save time; but depending on the project or the circumstance, it could be an insignificant amount of time, or a substantial amount of time; and it depends on how urgent the project is and how large it is, in terms of the amount of materials that would need to be acquired.

 

Commissioner Bolin stated by staff getting quotes, the County can take advantage of a fluctuating market and be able to get some good prices.  Mr. Denninghoff stated that is correct; the bid process is not as speedy; but the quoting process is not as open.  Commissioner Bolin inquired  if it is  also a  benefit to  local  contractors to have a quoting  system.   Mr. Denninghoff replied the bidding process is not known for being expeditious; the quoting process is not as open, but it is competitive; and it could help local contractors.  He stated staff can do the bidding process, but less will get done and there will be more of an administrative effort, and less work will be done; and vendors in the community will get less business as a result of the bidding process.

 

Commissioner Infantini stated she disagrees that vendors will get less business; she worries about awarding term agreements because then she sees the same three or four vendors get all of the contracts for the period of one or two years, stifling competition; things may slow down a little; conditions have stabilized for most items; and when the conditions lose that stabilization factor she would entertain considering it again.  She stated the Board meets every two weeks; and staff can bring something to the Board last-minute that can be added to the Agenda.

 

Commissioner Anderson inquired if Mr. Denninghoff’s experience is that the County does not even get bids when staff asks for bids because vendors are afraid to bid.  Mr. Denninghoff advised for many of the materials staff obtains, it cannot get an annual bid.  Commissioner Anderson stated that could slow down a road project. 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to authorize staff to utilize quotations to acquire construction materials or services on a job-by-job basis; and authorize the County Manager, or designee, to award to the lowest responsive quotation through September 20, 2010 for materials and services on annual bid that contracted vendors are not able to provide during this time, or when market conditions prohibit formal bidding.  Motion carried and ordered; Commissioner Infantini voted nay.

 

 

Commissioner Infantini advised she would like the County Manager to provide oversight in the Housing and Human Services Department. 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve and authorize the Chairman to execute an Agreement with the Florida Department of Community Affairs for the 2010 American Recovery and Reinvestment Act Weatherization Assistance Program; and authorize the Chairman to execute future modifications and amendments upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini stated the item refers to the new boat ramp being constructed in the south part of the County; one option for the Board is to renew the Lease; she is concerned that the State, or the Board of Trustees of Internal Improvement Trust Funds, will take back the Contract if they do not like how the County is running the boat ramp; and inquired if the Board has any protection from that.

 

Don Lusk, Parks and Recreation Department Director, advised the State could end the Lease if it did not like something the County was doing, but generally, that does not happen; and it could be something that could be negotiated to find out what can be corrected if the County were doing something the State did not like.  Commissioner Infantini inquired if it is possible to extend the length of the Lease.  Mr. Lusk replied no, the Lease is the State’s standard timeframe. 

 

Chairman Nelson stated the Trustees are the Governor and cabinet; it is more of a political body than staff; and the Board has greater ability to manage that process than it would if it were a staff level decision. 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to approve and authorize the Chairman to execute the Sovereignty Submerged Lands Lease with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida, with venue in Leon County, for the use of lands to construct and operate boat ramps, staging docks, and dredging at Christenson’s Landing.  Motion carried and ordered unanimously.

 

 

 

Commissioner Infantini stated taking greater than 50 percent out of the Disaster Fund because of a loss of tax revenue is not the right thing to do at this time. 

 

Motion by Commissioner Infantini, to transfer $100,000 instead of $300,000 from the $540,000 in the TDC Disaster Fund.  Motion failed for lack of a second.

 

 

Chairman Nelson stated the last time the Disaster Fund was used was after 9/11 because people were not traveling; it was used for marketing; and the County is in the same scenario now because of the economy.  He stated the tax dollars are not from property tax, but is paid by tourism; the TDC is trying to build up its marketing money in order to continue to improve collections; and if tourists are not brought into the County, then the money has been saved for nothing.

 

Commissioner Anderson stated he is concerned about the possibility of the economy worsening; and he does not want a bulk of the funds spent at one time.  Chairman Nelson stated having a minimal effort negates people coming into the County; and if the economy is bad for a longer period, then the Board will have other issues that will go well beyond the Disaster Fund.

Commissioner Fisher inquired if the TDC has already budgeted some of the money; with Chairman Nelson responding affirmatively.  Commissioner Infantini stated the TDC should not contract for money it does not have; and the TDC needs to learn new budgeting techniques if it is spending money that it has not yet earned.  Chairman Nelson stated he would not characterize it as poor budgeting; the TDC has the ability to reduce the Contract; but the TDC is saying it would like to continue to have the Contract in place to be able to do the marketing instead of cutting back on the Contract; and if the Board says no, then it will cut back on the Contract.

 

Stockton Whitten, Assistant County Manager, stated it is not a contracting issue; it is an issue of whether or not the TDC is going to receive the marketing funds that it anticipates from the four cents left over after the Stadium expenses; and the TDC expects each year, depending on the request from the Washington Nationals, to receive up to $350,000 from the four-cents, but this year and last year it did not happen.  He stated the item before the Board is the transfer from the marketing funds that are set aside for these instances to actually spend according to the TDC’s budgeting plan; and it may happen again next year based on the collections and the request from the Nationals.  Chairman Nelson stated the TDC budget will be adapted to whatever the revenues are. 

 

Commissioner Infantini stated the TDC can consider doing a little less travel and spend more money on advertising rather than attending certain conventions; and she is looking for alternatives rather than dipping into savings at a time when she prefers to hold off on getting into the savings until there is a true emergency.

 

Commissioner Anderson stated he does not think the Board should transfer $300,000; and he would like to know what is the TDC’s current obligation.  Mr. Whitten stated he does not know that the TDC has any outstanding obligations; the amount is up to $300,000; it may be short of $300,000, or half that amount; and it is characterized best as a marketing plan.  Commissioner Anderson inquired how the Disaster Fund will be replenished next year.  Mr. Whitten replied the Disaster Fund will be replenished by the TDC funds; the TDC can budget to replenish or have excess tourism tax funds over-budgeted; but it would naturally have to come from a collection of tourist development taxes.  Commissioner Anderson stated he will reluctantly go along with the request, but he does not want to find out three years from now that the TDC does not have any money. 

 

Chairman Nelson stated the TDC is only taking up to a portion of the Disaster Fund; the TDC is a conservative group; and he is comfortable with the request.

 

Motion by Commissioner Bolin, seconded by Chairman Nelson, to approve transferring up to $300,000 from the TDC Disaster Fund 1444 to the TDC Promotion and Advertising Fund 1441 to be used for marketing; and approve the appropriate budget change requests.  Motion carried and ordered; Commissioner Infantini voted nay.

 

 

The Board recessed at 10:29 a.m. and reconvened at 10:44 a.m.

Kathleen Harer, Space Coast Feline Network, stated the Board has a copy of the letter she sent to County Manager Howard Tipton; the letter supports the direction of the Animal Welfare Working Group (AWWG) in encouraging Mr. Tipton to select someone for the BASE Director position who is very proactive in the no-kill philosophy; and that the new Director understands it, knows how to implement, and knows what programs are involved in it.

 

Anna Brown stated although she is a member of the AWWG, she is speaking on behalf of Space Coast No More Homeless Pets, of which she is the founder.  She stated she would like to give the Board an example of BASE going backwards; a 2002 audit states, “In order to increase the possibility of adoption and reduce the need for euthanasia, several programs have been established by Animal Services to facilitate adoption, including adoption fairs, foster care, and expended contact with rescue groups.  Adoption fairs were held regularly at PetSmart, including National Adoption Day events.  There were monthly events to encourage adoptions; September 21, 2002, Fall For A New Friend, SACC Adoption Day; October 26, 2002, Tricks and Treats on Four Feet; November 16, 2002, Thanks for Giving; and December 14, 2002, Home for the Holidays.”  She stated she does not know who instituted those programs, nor does she know what happened to them, but it is a perfect example of some of the programs AWWG is recommending to help work toward no-kill; the programs will increase adoptions and free up space; and the programs need to be in place.

 

Dr. Denise Van Cleef stated the AWWG has been working diligently; the report the Board requested is in the making; but the AWWG felt the issue on today’s Agenda is a critical issue; and the AWWG would like to request the direct the County Manager to make his top priority to hire a new BASE Director and ensure the new Director supports the no-kill philosophy.  She stated it is the highest priority that everyone on the AWWG felt needed to be addressed; leadership and management are important; she knows there was an issue over whether the shelter should be privatized; but the AWWG felt the new Director is needed even if the Board decides to privatize the shelters.

 

Helen Voltz stated the no-kill philosophy is probably ideal, but she does not think it is reasonable or doable given the County’s financial situation; and there are things that are more important, such as roads, police, and fire rescue.  She noted she agrees the Board needs to hire a new BASE Director; when she was a County Commissioner she complained to the County Manager multiple times to hire a new Director, but nothing was every done; stated she believes animals should be adopted rather than euthanized; but she believes the no-kill philosophy, while good, and noble, would be great if financially doable, but she does not think it is the appropriate time.  She stated she agrees there needs to be a new BASE Director, although Bobby Bowen has done a good job as Interim BASE Director.

 

Commissioner Bolin stated she agrees that one of the top priorities for the Board to do is hire a new BASE Director; the shelters are in need of immediate attention; she has been to the shelters and has seen the conditions the employees are working under; stated no-kill is a goal the Board needs to get to, but currently in the shelters there are animals that are not adoptable; and she would like the new Director to have a good understanding of the no-kill philosophy as a

 

goal, but at this point, she does not want to restrict the new Director, as he or she will want to evaluate the whole situation. 

 

Commissioner Anderson stated when he became Commissioner he was interested in privatizing the shelters because if the no-kill philosophy is going to be adopted, he thinks the private sector does it better than government; government is not set up to do those kinds of things efficiently or effectively; and during discussion with the Board about an RFP for the shelters, the concept of the AWWG was formed to create policies and procedures and recommendations for the proposal to privatize the shelters, but that proposal has yet to occur.  He stated the reason he is concerned about the Director issue is because if the shelters are privatized, does the Board want to pay a Director for less duties; in addition, his staff has been working on some efficiencies that can be gained; it is certain that the County’s revenues will continue to decline; and the Board is going to have to look at consolidating some Departments.  He stated he has paperwork that will be submitted to the County Manager by the end of the week that will save a substantial amount of money by consolidating Code Enforcement with another Department.  He stated he accepted the concept of a no-kill shelter as a phase-in over a five or 10-year period, but unfortunately, some people in the public thought it was going to happen immediately, which led to a political issue in which some animals were not being euthanized, which created overcrowding, which is unfair and more tortuous to the animals to be locked up in a cage all day. 

 

Commissioner Infantini stated she does not agree with paying a new Director $100,000; and if the Board hires a new Director, she does not think it should be with a salary above $85,000.  Commissioner Anderson stated he believes there should be a manager position over enforcement and the shelters should be contracted out, so the Board can be finished with the issue.

 

Commissioner Fisher stated shelters are a priority for the County Manager, but Mr. Tipton currently has approximately 10 priorities; and he is not sure the shelters should be Mr. Tipton’s top priority.  He stated Mr. Tipton needs to hire a Director, but he thinks it is unrealistic to hire a new Director with the understanding that he or she adopt the no-kill philosophy.  Commissioner Infantini stated she does not think it is to enforce the no-kill philosophy; leaning towards something is just a goal; and it is probably a five-to 10-year goal, at best. 

 

Chairman Nelson stated he wants a Director who supports County Policy because if the Board changes it, is it supposed to fire that person because he or she supported a Policy the Board may have changed.  He stated whomever is hired is going to be professional enough to support that Policy; there is a goal to be achieved through education and better adoption practices; and he does not know that a no-kill philosophy needs to be part of the job description, as it comes down to following County Policy and the direction of the Board. 

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to direct the County Manager to make hiring a new Brevard Animal Services and Enforcement (BASE) Director one of his top priorities; and ensure the new Director understands the no-kill philosophy goal.  Motion carried and ordered; Commissioner Anderson voted nay.

 

  

Chairman Nelson called for the public hearing to consider a public hearing to consider an ordinance amending Brevard County Ordinance 09-08E, relating to Transportation Impact Fees.

 

Christy Fischer, Planning Director, City of West Melbourne, stated the City fully supports the proposed ordinance in terms of the revised ordinance; the staff of West Melbourne worked diligently with the staff of Brevard County; and the City’s main goal was that it has had a number of traffic improvements. 

 

There being no further comments or objections, motion was made by Commissioner Fisher, seconded by Commissioner Infantini, to adopt an Ordinance of the Brevard County Board of County Commissioners amending Ordinance No. 09-08E Imposing a Two-Year Moratorium on the Collection of Transportation Impact Fees from Residential or Commercial Projects; providing for applicability and refunds of impact fees collected by the County on behalf of municipalities; providing for severability; providing for an area embraced; providing for an effective date; providing for inclusion in the Code.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson called for the public hearing to consider an ordinance prohibiting use of All-Terrain Vehicels (ATV’s) and specified motorized vehicles on non-registered private property. 

 

Scott Knox, County Attorney, advised the proposed ordinance was precipitated primarily by the Brevard County Sheriff’s Office based upon its experiences in several Districts, but primarily District 1 where there has been repeated instances of ad hoc ATV parks popping up on weekends; and the Sheriff’s Office has had trouble trying to control the situations, and does not feel it has the tools to be able to cite anyone.  He stated the Sheriff formed an internal task force and sent them to meet with himself and Commissioner Fisher; a great deal of time was spent trying to put together something that would allow the Sheriff’s Office to pinpoint where people were, and were not, able to operate these types of private gatherings; and it is not an ordinance directed towards commercial ATV parks, as it was designed to address situations that were occurring without any kind of supervision whatsoever in the various Districts.

 

Commissioner Fisher stated there is also a problem with people riding ATVs on property they do not own and the property owners were not aware people were riding on them; stated there has not been a lot of input; and he thinks it is important to hear some peoples’ concerns about the ordinance.  He stated the goal of the ordinance is to help those people who live near these properties and have to hear ATV activity, and how their lives are impacted; law enforcement did not have anything to cite people for who were not following the rules; and he would like to have some input and come up with something that makes sense for everyone.  He stated he realizes the real solution to the problem is that there needs to be a place for people to ride.

 

Commissioner Anderson stated there was some emphasis put on the protection of private property owners to ride ATVs on their own property; and inquired if staff can explain, because there is some confusion on that issue.  Attorney Knox advised there is an exemption in the proposed ordinance for owners who have their own ATVs and want to run them on their property; and they would not be covered by the prohibitions in the ordinance.  He noted the proposed ordinance prohibits running ATVs on property without the consent of the property owner; the way the consent happens is the property owner has to register the property with the Sheriff’s Office; and in effect, the ordinance says that does not apply to private owners of five acres or less that want to operate their own ATVs on their own property, and no more than two would be the number. 

 

Commissioner Fisher stated if someone has 10 acres, they would have to register their property the way it is currently written in the proposed ordinance; and that is one part of the ordinance the Board needs to review.  Commissioner Anderson stated his concern is if he has a home on a piece of property, whether it is two acres or 10 acres, that he can ride an ATV freely without registering anything with the government; and he would like to fix that part of the ordinance.  Commissioner Fisher stated the problem was that there were large acres of land in which people were riding on property that they did not have the permission of the property owner to do so; and not only were there people riding on other peoples’ property, they were digging ditches and changing the terrain of the property.  He stated there were things going on, on property they had no right to be on; the Sheriff did not have any authority to do anything about it; the intention was never to affect the person who owns a piece of property; but there had to be a way to somehow get control of people riding ATVs on property where they did not have permission to ride.

 

Commissioner Infantini inquired if it is not already illegal to go on someone else’s property and change something.  Commissioner Fisher stated it is, but it is being done anyway.  Commissioner Infantini stated the laws just need to be enforced as they exist; and she does not want to create more.  Commissioner Fisher stated one of the challenges with enforcing law is that the Sheriff’s Office does not know if someone has a right to be on the property or not. Chairman Nelson noted the Sheriff’s Office does not know where a property begins or ends.  Commissioner Fisher stated also, there are people riding ATVs on County property and tearing up County roads and bridges; and it is a challenge. 

 

Chairman Nelson stated additionally, the property has to be posted; that is what the Sheriff’s Office is enforcing; if someone does not want someone else on their property, it has to be posted; and that makes it difficult, so the Sheriff’s Office was looking for a mechanism that made it a bit simpler.  He stated one concern he has is that someone could register the Merritt Square Mall and run ATVs on the property. 

 

Harold Gowin stated he feels the lands he and others are riding on are not buildable lands anyway; the property is not posted with “Do Not Enter” signs; and inquired why they cannot go ahead and ride on the property, and if they do something wrong, and someone reports it, then the Sheriff’s Office can come in and do what is necessary.  He stated the Board can give the Sheriff’s Office the equipment they need by giving them some four-wheelers to be able to go out

to properties to control it; and he sees no violence, no arguing, but people just having fun and trying to help each other. 

 

Walter Lorraine stated he would like to express his disapproval of the proposed ordinance; he has been the President of the Brevard County Air and Power Boat Association for the past five years; and since most of his members are hunters and avid outdoorsmen, he has kept up with the issue.  He stated a few years ago there were some problems at the Sarno Road area; the Sheriff’s Office was able to take care of the problem; there were a lot of things going on there that should not have been; the neighbors complained; and the Sheriff’s Office came out and was able to solve the issue.  He stated he read the legislative intent of the proposed ordinance and it said there were several problems the Sheriff could not act on, such as driving on the right-of-way, which Florida Statute takes care of that; parking and speeding are also addressed in Florida Statutes, along with damaged wetlands and unlawful parking on private property; and there is also an existing Ordinance for noise; damaging private property is not illegal unless someone does not own the property they are on, then it would be called trespassing and the Sheriff’s Office can then arrest someone.  He stated to say the Sheriff’s Office does not have the tools necessary, he believes is inaccurate; the Sheriff’s Office has a unit called the Agriculture/Marine Division, which has airboats, four-wheelers, four-wheel drives, to be able to work with property owners and ranchers to take care of trespassers on their property.  He stated private properties have rights and should not have to register with the County to pay a fee to use their property the way they feel they need to use their property; and they also should not be mandated to buy a certain amount of insurance, as they should be able to buy insurance based on their needs.  He stated if someone has a problem with a neighbor, he or she should contact that neighbor to try to resolve the issue; if the property owner is not breaking laws, then they should be left alone; and he believes the proposed ordinance is not needed. 

 

Robert Ross stated he agrees with Mr. Lorraine.

 

Roger Brunet stated he believes the proposed ordinance is far fetched in regards to what four-wheelers are doing and not doing; there are plenty of things the Sheriff’s Office can do to help the ATV riders instead of fighting against them; there has been a lot of money taken from the Trust Fund from 2002 that has been used for other things; and maybe the Sheriff’s Office can use those funds to buy more four-wheelers or hire another deputy to work on the weekends to help instead of hinder.  He stated there are a lot of people that ride ATVs that do not tear up property, but there are some bad apples in the bunch; and maybe if there were more law enforcement in those areas to help get rid of those people, everyone would enjoy it more.

 

 

Chairman Nelson advised Michael Orlik had to leave the meeting, but he would like to request to come back on October 20, 2009.

 

 

 

Cary Eide stated after listening to Commissioner Infantini today, he believes her opinions are for the people; and stated she is for the well being and financial responsibility for peoples’ needs.  He stated what a lot of the problems stem from is underage drinking; that is where the Sheriff’s Office is running into its battles; that is poor parenting and not the responsibility of responsible adults who take their children to ride in the woods that is not public areas or right-of-ways; and the woods have been open land for years.  He stated the people who own some of the land do not even live in the State; ATV riders police the properties as far as picking up garbage, but that is not an issue; a lot of the issue is selective enforcement by the Sheriff’s Office; and he understands the problem with underage drinking, but the property should not be banned from everyone.  He stated it is selective enforcement because there are people who hunt on the property that do not own it; those people have been going out on properties for years with trucks, but the Sheriff’s Office does nothing about it; but to require people to register their property and carry $100,000 in liability insurance is not fair.  He stated he thinks a lot of the issue stems from the party that is held every New Year’s Eve in the back of Canaveral Groves.

 

James Rollyson stated he would like to thank the Board for entertaining the proposed ordinance; the issue seems to be an insurance liability; at one point in time there used to be an OHV park in Brevard County, but now it is a soccer field; there are four businesses in Brevard County that sell motorcycles and ATVs; and the County is seventh in the State as far as registered OHVs.  He stated the issue today is insurance, but the real issue is that the County needs to provide an OHV park; he has met with Commissioner Fisher about revenue and State and federal funding for a park; and everyone is a taxpayer, but there are a few that are not able to use the land that has been paid for through the referendums that have been passed.  He stated the big Agenda for the Commissioners, County Manager and County Attorney is to come up with a viable plan that will provide an OHV park so that there will not be riders on environmentally endangered lands.

 

Linda Baron stated she owns two parcels in unincorporated Brevard County; if the proposed ordinance is adopted, she will not be able to use her ATV to go from her front porch to her mailbox; and she uses an ATV because she is handicapped.

 

Chairman Nelson advised as a private land owner, Ms. Baron will still be able to ride her ATV on her property.  Ms. Baron noted she does not have five acres; she has one third-acre in Melbourne Beach; and the way the ordinance is written, it looks like she will not be able to ride her ATV on her property.  Chairman Nelson stated anyone under five acres, on their own private property, would be exempt.  Attorney Knox advised the ordinance reads, “The prohibition set forth in this section do not apply to an owner of private real property and an immediate member of that family owner who posses an ATV that is used or operated by the owner or the immediate family member on the owner’s real property.”  He stated in other words, if Ms. Baron owns her property, she can use her own ATV; the five-acre restriction was an older version of the ordinance; and the proposed ordinance does not have an acreage restriction.  Ms. Baron stated Section 3(a) states, “The property must be a minimum of five acres in size”.  Chairman Nelson noted that is a property that someone would have to register; but there is an exemption to that; and Ms. Baron does not fall into that five-acre minimum requirement.

 

Commissioner Anderson stated he would like to address the Trust Fund issue because it is a pet peeve of his with all of Florida’s State Trust Funds; when someone gets gas at a gas station, the money goes to a Transportation Fund; when someone buys an ATV, they pay extra taxes that go into a State OHV Trust Fund; every year, during budget time, the Legislature comes up short and raids the Trust Funds to pay for other things; and he encourages people to contact their State Representatives to tell them to stop raiding Trust Funds. 

 

Donald Wright stated as an owner of private property in Brevard County, which he has already paid taxes on, he sees the proposed ordinance as an attack of his individual rights to use his land as he sees fit; and if he has a piece of property over 10 acres, he would have to carry $200,000 in insurance, per piece of property, if he brings two of his friends with ATVs onto his property.  He stated to have to carry $200,000 extra in insurance is a violation of his constitutional land owner rights; and the time and resources that the Sheriff’s Office would have to expend to enforce the ordinance could be better used to fight crime, drug use, prostitution, and domestic violence.  He inquired about taxing public land and right-of-ways; stated there are people who use the Brevard County waterways, rivers, and boat ramps; every boat that enters the County should be forced to carry extra insurance; the Board is telling him what he can and cannot do in his own backyard, which he thinks is wrong; and he sees a lengthy court battle costing the County unnecessary legal fees and an economic impact of ATV dealers.  

 

John Vogt stated he agrees with everything that has been said so far; the main issue is all of the bad apples that are causing the problems; the Board needs to do something about those people; he has seen people with cars riding in the woods in the middle of the night; and there are laws in place already that need to be enforced.

 

Betty Jean Van Blarcom stated she would like to see the Board adopt the proposed ordinance; she lives in Canaveral Groves and cannot have a weekend of peace because of the bad apples; she is woken up in the middle of the night with the police in front of her house because of a fight; and it goes on every weekend.  She stated she has tried to sell her house to get out of there; she has had good offers, but she has lost them because of the traffic on the weekends; there are bad apples that ride up and down the road drunk; an officer ticketed someone on a four-wheeler in the middle of the road, but an hour later an ambulance had to come out to get the same four-wheeler who had an accident; and it happened again the following week with the same person.  She stated every time she has had her house sold, there has been a problem; she almost had her house sold once when the market was up; but now that the market is down, she has dropped the price of her house, and the bad ATV riders have ruined the value of her home; she cannot sell her house; she has no peace and quiet; and the bad ATV riders are ruining the quality of her life.  She stated she feels the ordinance should be adopted; there are places where people can ride; there are certain ATV riders that have no respect for the homeowners; not long ago, two trucks were racing side-by-side on Areca Palm Street where the speed limit is 25 mph, and they were going at least 50 mph; and they plowed into a woman at the intersection of Pine Street, severely injuring the woman and totaling her car.  She stated there are many incidents in the area with the racing of trucks and four-wheelers; there is always garbage all over the street that she has to clean up; and the shoulders of the street are dug up because of the wheels of the four-wheelers.

 

Edward Van Blarcom stated he has no problem with people riding ATVs in the woods; his problem is that people take cars and trucks, which are not registered, and drive them up and down the street into the woods; and inquired if they hit and injure someone, who is going to be responsible.  He stated the problem starts on Friday afternoon and lasts until Sunday night; it goes on on all night long; there are quite a few nice people that go into the woods to ride ATVs that are not trouble makers and are quiet; but there are other people who have loud pipes on their trucks sitting in front of his house unlocking their four-wheel drive.  He stated his house is often used as a reference point when the Sheriff’s Office is called; and then people think he is calling the cops all of the time.  He stated there are OHV parks, but people do not want to travel to get to them; and there is a new one opening in Fellsmere. 

 

Chris Stanton stated Treasure Coast Motorsports Park is going to be side-by-side mud drags; and it is going to be like other race tracks in which people pay to race there.

 

Ron Van Dervagt stated he would like to come to the defense of the Van Blarcoms; stated he is a competitive rider, not a recreational rider; he goes into the woods and has the same frustration with the kids that Mr. and Mrs. Van Blarcom has with the drinking and carrying on; but the Van Blarcoms’ biggest complaint was the people in cars and trucks that race up and down his street into and out of the woods; and the Sheriff’s Office has a tool to take care of that problem.  He stated he would urge the Board not to punish the people who do not cause problems for homeowners; and he hopes the Board can shelve the wording of the proposed ordinance and consider relying on some of the good ATV riders and business owners and put together an Off Highway Vehicle Advisory Council to come up with a mutual disagreeable ordinance.

 

Jeremy Higginbotham stated he has grown up in Brevard County and has been riding his bike in the wood since he was a child; he has five children that he takes riding in the woods; and he enjoys it very much.  He stated the good ATV riders should not be penalized for the bad ones; the Sheriff’s Office has been in the woods observing the riders; and inquired if the Sheriff’s Office can go into the woods for one night, why can the not go for two nights.  He stated he pays taxes just like everyone else; and there are many baseball fields and soccer fields, but there is nothing for ATV riders.

 

Commissioner Fisher stated he has had a lot of conversations with many ATV riders; one person the Board has not heard from, which might be helpful, is the Sheriff’s Office; and the Board may want to pull back the ordinance for reconsideration.  He stated he is willing to form an advisory council in order to have some good dialogue; he has been working with the Farmton Group, which provides ATV riding on their property near Exit 5A; and he thinks some progress can be made, because he realizes there needs to be a place for people to ride. 

 

Deputy Lindell Smith, Brevard County Sheriff’s Office, stated he has a four-wheeler and three and a half acres of land; and he loves to ride his four-wheeler around his property with his kids.  He advised the use of ATVs has been a problem in the past because they do not just stay out in the woods, they are also on the roads; there have been multiple complaints every weekend; and whenever the deputies arrive to try to catch the bad apples, their hands are tied because they are  not  bad  when the  deputies  are  there.  He  stated  it is a  give  and take  type of thing; the deputies are trying to do the best job they can do; a lot of times, it cannot be pinpointed as to who is bad and who is good because when they are there, everyone is good; and that is the problem the Sheriff’s Office faces.  He stated the deputies have to talk to people and investigate; a lot of times, the deputies are not there to issue citations, but to figure out who is bad and who is good; and just because a deputy stops someone to talk to them, it does not mean they are out to get people.

 

Chairman Nelson stated one issue is the no trespassing posting requirement in which the property has to be posted and the Sheriff’s Office has to know the boundaries; and inquired if the property has to be posted in order to issue a citation for trespassing.  Deputy Smith replied the problem the Sheriff’s Office faces is that there are multiple owners; if the property is not posted, then the deputies cannot enforce trespassing; the property has to be posted and the owners have to be able to prove they own it; and after someone has been warned to stay off of it, then arrests can be made, or enforcement.

 

Commissioner Fisher stated in the past, there have been signs removed off of posted properties; and that has been a challenge. 

 

Mary Bunnell stated she lives in Canaveral Groves and she understands the ATVs riders and that there are good apples and bad apples; one weekend, there were 26 pickup trucks with trailers parked on an empty lot at the end of her street, with three to four ATVs with each truck; they were parked on someone else’s property; and some of them knew the property owners, and others did not; but by word of mouth, it mushroomed.  She stated that is a lot of the problem because people tell each other they can park, or ride, on someone’s property, when in fact they cannot; she does not mind people driving ATVs down a street when being done nicely; but what concerns her is the fact that she has seen children on ATVs sitting in the lap of their parent and not wearing helmets or shoes; she has seen teenagers racing up and down Satellite Boulevard with no helmets; if one of the children get hurt on a piece of property, the parents will sue the property owner; and she thinks the problem is from the bad apples.  She stated there needs to be a place for people to ride; if someone does not want to wear a helmet, then they should not buy ATVs because they are putting everybody in jeopardy; but she sees both sides of the situation.  She stated the Homeowners Association told the ATV dealers to stop telling people they could ride in Canaveral Groves, because people were buying ATVs thinking they could ride wherever they want in Canaveral Groves.  She stated she respects the Board trying to solve the problem; she agrees with the other speakers that the ordinance is a little strong; a committee needs to be formed with a group of people on both sides to come together and find a solution to the problem; and she is not against the ATVs, but something can be done so that everyone can live in peace.

 

Teresa Marfitt stated she is a fire fighter/paramedic and her house backs up to the riding area in Canaveral Groves; she moved there with the intent of riding there; she left her house and sold her jet skis because the law makes it impossible to have fun on jet skis; she has been riding in her backyard; and there are many places that used to allow ATV riding, but now wildlife has taken over.  She stated she lives near the Van Blarcoms and she has never seen anyone race up and down the street; when  people move  to Canaveral Groves they  are  aware of what goes on in the woods; if it is shut down, trash will be dumped in the woods, homeless people will be there, and her house will be broken into; and the riding area has been there for 30 years, and if someone did not want to live in it, then they should not have moved to Canaveral Groves because she does not know anyone in the area that does not own an ATV. 

 

Chairman Nelson stated he does not support the insurance requirement in the proposed ordinance, as it should be the property owner’s choice; if someone has five acres, registers the property for $25 and buys the insurance, they can open up a track; and that was his concern, because there are no limits on the other side of the ordinance.  He stated there is a motocross zoning classification in the Zoning Code that stipulates how close tracks can be to residential property; the reason OHV parks no longer exist is because there was residential next to the OHV parks; and if a site is set up it has to be protected so that that does not happen.  He stated he does not think the proposed ordinance gets the Board where it wants to be; there is a need to discuss the issue; he supports the fact that there needs to be an OHV site; and at that point in time, he would feel better about being able to look at more restrictions because if there is a legitimate place to run ATVs, then at least there is an alternative, whereas right now there are no alternatives. 

 

Commissioner Fisher stated with the insurance, if someone has a regular homeowner’s policy, it would extend coverage to a vacant property as long as there is not a building on it; and no one would have to buy additional insurance.  He stated if the other Commissioners agree, he will be happy to coordinate a Committee to address the issue.

 

Commissioner Anderson stated he had spoken to some mountain bikers about EEL property; in order for them to convince someone to let them ride on EEL property, they had to form their own group; and that is why a Committee, or Task Force, is a good idea.  He stated there needs to be discussions about how the off road riders can police themselves; there also needs to be a realistic approach to getting an OHV park in Brevard County; and he would like a Sheriff’s representative to be present during the Task Force meetings. 

 

Commissioner Infantini stated four-wheeling has become what boating used to be; she does not want to see it become over-regulated, which is why she is against the proposed ordinance; but there is still Parks Referendum money, and if the Board stops adding things to parks that are already built, maybe it could create a different kind of park by pooling all of the funds from all of the Districts that is still remaining; and maybe those funds could be pooled for an ATV park. She stated she would be willing to be on the Task Force, as well as Commissioner Fisher, because she supports the activity.

 

Chairman Nelson stated there can only be one Commissioner on the Task Force, otherwise, it become problematic.  He stated he would like to suggest that Commissioner Fisher head-up the Task Force and bring back to the Board what he thinks the make-up should be of the Task Force.  Commissioner Infantini stated Commissioner Fisher has agreed to let her head-up the Task Force. 

 

Commissioner Fisher stated people voted on referendum dollars for certain projects; and he is not sure that money can be taken from other projects and put towards an OHV park.  Chairman Nelson stated that money cannot be taken out of the area it was collected and spend it somewhere else, as that is the law. 

 

Commissioner Anderson stated he would like someone from the EEL Recreation Committee to be on the Task Force with Commissioner Infantini.  Commissioner Fisher stated he approached EEL about Hunters Brooke, but there are challenges with that property; but the Board can keep an open mind about it.  Commissioner Bolin stated she would like to have the Farmton property included as an option for an OHV park. 

 

Chairman Nelson stated he does not have an issue with the EEL’s folks being involved in the Task Force, but he does not think the solution can be solved by them; and all it will create is a different set of people who will be angry from a different perspective.  He stated there can be a solution that can work without creating enemies along the way.  Chairman Nelson stated possibly the best place for an OHV park is abutting the St. Johns River because of the buffer and because there will not be residential adjacent to it. 

 

James Rollyson stated he has done all the research; he knows where he can get State and Federal money; his biggest hurdle is finding land; and the only way to get a OHV park is to find a piece of land that does not have a management plan on it.  He advised there are pieces of land in the Florida Natural Areas Inventory; in the State Legislature, all FFL land is designated for recreation; he has given all of the information to Commissioner Fisher; and he thinks a citizen needs to be on the Task Force.  Chairman Nelson advised the Task Force will be citizen-based.

 

Bill Taylor stated he has eight acres on Friday Road; and requested the Board not encroach upon his rights.

 

Lisa Gallaway stated her family likes to spend time on their four-wheelers; she has spent over $20,000 on four-wheelers; the money that is spent to buy four-wheelers goes to local merchants and their families, including gas, food, and equipment; and that is relevant to the discussion as well.  She stated when she and her family are riding their four-wheelers, they try to police the area; she has always been respectful to the homeowners; and her family picks up after themselves, as well as others.

 

Anthony Cessario stated when parents take their kids out to ride ATVs without helmets and shoes, they understand what can happen to their kids, and they are liable for them; a lot people who cannot afford ATV’s have trucks; everybody who rides is like a big family; he understands the problem some of the homeowners are having; and underage drinking is a big problem.

 

Brittany Hammonds stated if someone does not have tags or title on a vehicle, it is the responsibility of the vehicle owner; if a vehicle is taken by trailer to the woods, it is not a problem; if an OHV park is built, a lot of people will not be able to afford to ride on it; and people may not have the money do drive from Port St. John to Bithlo or Hollopaw.

 

Tim Buffaloe, Beach Sport Cycles, stated he would like to work with Commissioner Infantini on the Task Force from a business point of view. 

 

Mike Marconi, Champions Honda, stated he would like to see the Board work with Senator Thad Altman who is looking into the State monies that are supposed to be dedicated to the ATV off road lands. 

 

Mark Youmans, House of Power, stated there needs to be an OHV park in Brevard County.

 

Commissioner Fisher stated Ms. Hammonds mentioned some people cannot afford to travel to an OHV park; and inquired if the Board builds a park, will people ride there.  Mr. Youmans stated when the other park was closed, sales at House of Power dropped by 75 percent; and if the Board builds a park, people will ride it; but the more centrally located, the better.

 

Douglas Latford stated he represents the Space Coast Free Wheelers, which does not have a bad reputation.  He stated his family does different activities such as fishing, geocaching, and nature rides; one way he would like to turn a negative into a positive is that there are people who ride ATV’s that can assist in a search and rescue or fire fighting; and part of the solution is self-policing.  He noted there are public education courses for boating safety, and hunting, but there are no public courses for not being stupid in the woods.

 

Alex Gannon stated he is a member of the Apollo Motorcycle Club, which has been in Brevard County for 40 years; the Club puts on four runs per year, two of which are competitive and two that are quad runs; the Club has donated to the Brevard County Fire Rescue in the past; and there is a lot of money generated through the off-road business.  He stated he has always taught his kids trail etiquette, such as picking up trash and not disrespecting other people; and he has moved trails away from houses so that people do not complain.  He stated he also promotes exhaust systems, in that they need to be more quiet; and sound is a big reason why there are many complaints.  He stated the ordinance will stop the law abiding citizens, but it will not stop the people breaking beer bottles and tearing up other peoples property; but an off-road park will generate a huge amount of revenue that will stay in Brevard County.  He stated the Sheriff’s Office can form an alliance with different clubs and give them some authority to be able to enforce some laws.

 

Danielle Anderson stated she has been riding ATVs with her family for years; there are problems with underage drinking; but she does not want the Board to adopt the proposed ordinance.

 

Suzanne Gannon stated Brevard County has been in dire need for many years for an OHV park.  She stated she belongs to the Apollo Motorcycle Club which has given money to schools, among other things; but the Club has to stay in the shadows because people do not like dirt bikes; and the Club has also tried to start training, but has been dismissed by the State. 

 

Carey Eide stated the homeowners who are in favor of the ordinance were mainly complaining about the trucks speeding up and down the street; the Sheriff’s Office already has laws in place to take care of those problems on the roadway; and he requested the Board deny the proposed ordinance.

 

Ben Sherouse stated he would like to request the Board deny the proposed ordinance.  He stated he has property in Cocoa that he and his family ride on; the problem is mostly with the trucks and not the ATVs; and underage drinking is also a problem.  He stated he knows Mr. Van Blarcom and he understands his frustration with the trucks speeding up and down the street.

 

Jimmy Johnson stated he rides in the woods with his friends and he picks up after himself and others; the Sheriff’s Office needs to patrol in the woods; he counted three stolen cars in the woods yesterday; and he requested the Board not punish him and his friends for other peoples crimes. 

 

Brian Marfitt stated he has some concerns about how the Sheriff’s Office call log is developed; and inquired if one person calls 1,000 times, is it logged at 1,000 complaints.  He stated all of the Commissioners were elected by a majority; the majority of people that use the land are law abiding, honest, hard working people; and if they cave in to the vocal minority, then democracy no longer exists.

 

Priscilla Van Blarcom stated law abiding citizens is not what is being discussed; everyone agrees there needs to be an OHV park; the proposed ordinance pertains to private property; and people are not abiding the law if they are going onto other peoples property and destroying it.  She stated people have said they moved to Canaveral Groves five years ago because of the woods and ATV riding; but her family moved there 15 years ago because they have horses; and she cannot ride her horses anymore because she will get run over.  She stated the ATVs do not slow down; the noise scares the horses; and people cannot even walk their children down the street.  She commented on people not having money to pay to go to an OHV park, but yet it costs the taxpayers every time an ambulance or helicopter has to rescue someone out of the woods.

 

Mike Marconi, Champions Honda, stated he would like the Board to know that dealers have programs available for the law enforcement in municipalities for loaner-type vehicles to be able to patrol certain areas.

 

Frank Boyston stated several years ago he had a piece of equipment stolen, and an ATV rider found it in the woods off of Exit 5A.  He stated a buyer from South Florida bought the old Dairy Queen building at 5A and informed the Sheriff’s Office that they wanted anyone trespassing on their property to be ticketed or arrested; a few days later there were no less than 30 people parked on the Dairy Queen building; and there were no deputies around to ticket them. 

 

Doug Throm stated the Board is worried about building a public place for people to be able to ride ATVs, but for the past 30 years there has been a public place that is not private; and the private property has fences, gates, and “No Trespassing” signs.

 

Kevin Thompson stated he has been a resident of Cocoa all of his life; he has been riding in the woods for 15 years; and he apologizes to the Van Blarcoms who have people tearing up their street.  He stated he put an exhaust on his truck; when there are horses nearby he either pulls far off the street or turns the truck off because he knows the noise scares the horses.  He stated the day after a party in the woods, he picked up over 100 pounds of cans; and he respects the woods. 

 

Willy Carmine, Route 1 Motorsports, Palm Bay, stated his concern is about the rest of the County if there is an OHV park at Exit 5A.  He stated he sells approximately 100 ATV’s per year to people who need a place to ride them; and he collects $37 for every ATV that is sold, which is supposed to be collected for designated riding areas.  He stated he hopes the Board comes up with an idea that works for everyone.

 

Lieutenant Matthias stated himself and Commander Drinkwater met with Commissioner Fisher and are trying to come up with ways to deal with the issues of four-wheelers; it is not an issue to keep families from riding ATVs together; it is not an issue that the Sheriff’s Office is looking for problems to cause ATV riders; but it is a quality of life issue for the people who live in the Canaveral Groves area, as well as other areas.  He stated the Sheriff’s Office tried to come up with a way that would give it power to take some action when problems arise; currently, the area behind Canaveral Groves has several hundred property owners; it would be impossible to get that land properly posted in order to deal with the current law and Statutes; and he met with Commissioner Fisher to try to come up with an ordinance that would give the Sheriff’s Office the ability to take action when necessary.  He stated proposed ordinance will give the Sheriff’s Office the ability to go into the woods when called about drunk driving, which is a tremendous problem; people go into the woods late at night and drink alcohol, and then they put the ATVs back on their trucks and race the streets; there are also issues with people riding ATVs up and down the streets; people have been killed out there; and the people who live in the area are coming to the Sheriff’s Office for answers, and there was not an answer to help them. 

 

Commissioner Fisher stated it was mentioned that there are already laws on the books that the Sheriff’s Office can enforce that the proposed ordinance does not strengthen.  Lieutenant Matthias stated the ordinance is not meant to strengthen what is currently on the books, it gives the Sheriff’s Office another tool to be able to deal with the issues.  Commissioner Fisher inquired what happens if someone is trespassing or riding on property that they do not own.  Lieutenant Matthias advised if the property is not currently posted, and the deputies cannot contact the owner to sign an affidavit to deal with the trespassing issue, there is very little that can be done at that point.  He noted many of the property owners do not live in Florida.  Commissioner Fisher stated those are some things Commissioner Infantini needs to be aware of when she forms the Task Force.  He stated the real challenge is going to be in working with companies like Farmton and finding a place for people to ride; it has been his goal since he became Commissioner; and he knows it is an important issue.

 

Lieutenant Matthias advised it is not the intent of the Sheriff’s Office to crack down on four-wheelers just for the sake of it; there are quality of life issues; and the Sheriff’s Office is trying to come up with a way to deal with it.

 

Chairman Nelson stated the Board is not able to resolve the issue today; stated Commissioner Infantini is going to head-up a Task Force and bring the make-up of the Task Force to the Board, and it will be sent out to everyone interested.  Commissioner Infantini stated her aide, Laurie Helton, is collecting names and addresses to be on a notification list.

 

Chairman Nelson stated if the ordinance reappears it will come from Commissioner Infantini’s task force based on its discussions. 

 

The Board reached consensus to appoint Commissioner Infantini to organize an All-Terrain Vehicles (ATV) Task Force; and bring the make-up of the Task Force back to the Board for its review.

 

 

Commissioner Fisher noted Mr. and Mrs. Van Barcom have a serious problem in their neighborhood; and the ATV riders should take responsibility and help them solve it until the Task Force is formed.

 

 

The Board recessed from 1:02 p.m. to 2:18 p.m.

 

 

Chairman Nelson noted he had a conversation with Ms. Joyce From yesterday who indicated to him that she is anxious to move into compliance mode; but he realizes staff has put together a presentation. 

 

Robin Sobrino, Planning and Development Director, advised the presentation is per the Board’s request on September 15, 2009, for an overview of Code Enforcement activities for 127 Vanguard Circle, and reads as follows:  Since 1999, the County has received eight Code Enforcement complaints for the subject property, of which six were anonymous and two were named; and also in 1999, two complaints were received for 515 Haynes Avenue, which is also owned by Ms. From.  Case No. 1 was an anonymous complaint alleging failure to maintain property; an August 18, 1999 inspection revealed the rear roof and soffit had rotted wood around windows, holes in exterior walls, open doors and missing screens, toilet, bathtub, and other items kept outside with grass grown up around them; and on August 20, 1999 a Notice of Violation was issued with a compliance date of September 29, 1999.  On October 8, 1999 a re-inspection showed the housing code and solid violations remained; a November 3, 1999 re-inspection showed some work toward compliance; and the Code Enforcement Officer granted Ms. From two more weeks to cure the violations.  A case was scheduled for November 18, 1999 Special Magistrate Hearing; on November 17, 1999 Ms. From’s property was in compliance; and the case was closed nearly three months after the Notice of Violation was issued.  Case No. 2 was an anonymous complaint alleging junk vehicle on the property; an August 18, 1999 inspection  revealed two  vehicles that  did  not  appear  to be operable as they  were overgrown with grass; and upon a 30-day follow up inspection, the vehicles were demonstrated to be operable and the case was closed.  Case No. 3 was an anonymous complaint of junk and debris accumulated at the rear of the property; an initial inspection revealed a bathtub and debris in the yard; Ms. From told the Code Office that the violation will be cleaned up by the weekend; and the case was closed based on Ms. From’s promise.  Case No. 4 was a named complainant alleging a motor home was illegally stored on the property; a November 5, 2003 initial investigation revealed several violations including an RV parked on the roadway, a step van parked in overgrown weeks with a flat tire, overgrowth throughout the property; a cargo trailer in the front yard area, and assorted debris, such as tires, cushions, air conditioning unit and wood; and a Notice of Violation was issued with compliance required by December 2, 2003.  A November 8, 2003 email from Ms. From states, “I’ve had the privilege of dealing with County personnel and learned a lot about Code and other regulations and restrictions that are for the protection, health and safety of residents in every community.  Also, I’ve been able to help others view the County as not only an administration, but a provision of service we can benefit from – the wide range of expertise and professional backgrounds available for help with any project you can name.”  A December 3, 2003 inspection found Ms. From’s property to still be in violation; a case with the Special Magistrate was scheduled for January 15, 2004; the property was deemed in compliance on January 12, 2004; and the case was closed prior to the hearing with no costs or fines assessed.  Case No. 5 was an anonymous complaint alleging junk yard, bed springs, and chairs on the property; the initial inspection revealed a violation for failure to maintain the property in a litter-free condition; a recurring Notice of Violation was generated as owner had been issued a Notice of Violation for the same violation in 2003; and the case was automatically scheduled for the June 21, 2007 Special Magistrate hearing. On June 21, 2007, Ms. From’s property was still non-compliant; and a hearing before the Special Magistrate was rescheduled for an additional 30 days.  On July 12, 2007, Ms. From’s property was found in violation by the Special Magistrate and she was given until August 11, 2007 to comply with a fine of $25 per day to begin thereafter, if not in compliance; and the Special Magistrate ordered Enforcement costs of $550 to be paid to the County within 30 days.  On August 13, 2007 the property was still in non-compliance; on September 21, 2007, Ms. From’s property came into compliance five months after the case was opened; and on October 16, 2007, Ms. From requested a reduction in fines from $975 to $225 from the Special Magistrate, which was granted.  Case No. 6 was a named complainant alleging exterior stair without permits; after inspection, the Investigator determined that a permit existed for stairs and that the permit has been extended to November 17, 2008 by the Building Official; and the case was closed.  Case No. 7 was an anonymous complaint alleging the house was being rented and has two separate outside entrances; on initial inspection, Ms. From showed the Officer a permit for the work; junk and debris were found on the property; and Ms. From verbally agreed to bring the property into compliance within 10 days.  Re-inspections on March 10 and 25, 2009 revealed that debris remained; and a repeat violation was generated on March 26, 2009 giving Ms. From 30 days to cure the violation.  On April 30, 2009 the property was still non-compliant and Ms. From was scheduled for a May 21, 2009 meeting with the Special Magistrate; over 60 days had lapsed since Ms. From’s verbal agreement to cure the violations; and no costs or fines were assessed during that period.  On May 21, 2009, Ms. From contests non-compliance; the Special Magistrate finds on behalf of the County and ordered a $50 per day fine beginning April 30, 2009 until compliance and orders the $550 enforcement cost be paid within 30 days; on June 23, 2009 an  Office   requests   permission  from  Ms.  From  to  re-inspect   her   property  for  a compliance determination; Ms. From refuses access to re-inspect; and fines continued to accrue because the case could not be closed.  On September 23, 2009 an Officer attempts a re-inspection to stop the fines from accruing, but the property was completely surrounded by a six-foot wooden fence, which was erected without a permit; and there was no further attempt to contact Ms. From.  To date, $7,950 in fines have accrued; and actual Code Enforcement costs are $3,092. 

 

Commissioner Fisher expressed appreciation to the Planning and Development Department and the Code Enforcement Department for putting together the presentation; and it looks like staff has been fair.

 

 

Commissioner Infantini stated she is concerned that employees are able to rent out facilities for free; and she is concerned that if the employees are not charged, their friends may put pressure on them to ask for the benefit. 

 

Chairman Nelson stated the resolution stated the Board allows its agencies to use the facilities for official public purposes; the Board does not allow facilities to be used by individual employees for private purposes.  Commissioner Infantini stated she misunderstood the fee schedule. 

 

Don Lusk, Parks and Recreation Director, noted there are no free rentals or services to employees.  Chairman Nelson stated some rentals utilize employees and require them to be there; but whoever is renting it has to pay for the employee. 

 

Commissioner Bolin stated for the Wickham Park Community Center, under the category of ‘kitchen’, she would like it have it changed to match equally with the Wickham Park Pavilion kitchen fee; the Pavilion fee is $150; and the Community Center should also be $150.  Mr. Lusk advised staff would be willing to do that. 

 

Commissioner Infantini stated the kitchen at the South Beach Community Center is $200, which would charge people in one area more than in another.  Mr. Lusk stated staff tries to do things as uniformly as possible, but a lot of times everything is not the same on the fee schedule given the fact that the County is so large with several different area Managers; staff’s theory has always been if North Brevard will pay $25 for an extra picnic pavilion because it is a market fee, then it is done; but if it does not work that way in the South, it is cut back a little bit; and it is trying to get the revenues from the number of uses based on what people would pay. 

 

Chairman Nelson stated he understands charging the same fee for the same type of facility in each part of the County, as not all of the kitchens are the same; it should be based on the equipment and facility; it would be his preference that the fees are consistent for the same type of facility.  He stated he would like the item tabled in order to allow staff to go back and look at each fee. 

 

Motion by Commissioner Anderson, seconded by Chairman Nelson, to table Item VII.B.1., Resolution Establishing Rules and Use Policy, and Schedule of Fees for Parks and Recreation.

 

 

Commissioner Fisher stated there are some areas where there are exceptions.  Chairman Nelson stated he agrees, but the two that were mentioned were fairly consistent.  Commissioner Fisher stated the South Beaches Community Center at $100 is the same as Wickham Park Community Center; the $200 was a deposit number and not a different fee; and he does not know if there is an issue or not.

 

Commissioner Bolin stated the Wickham Park Pavilion kitchen is $150; and she thought the Wickham Park Community Center should be the same because they will be equal in value when the renovations are completed.  Mr. Lusk stated he would be could make the two fees consistent throughout. 

 

Motion withdrawn by Commissioner Anderson.

 

 

Commissioner Bolin stated she would be ready to make a motion for Mr. Lusk to make the adjustments to the fee schedule.

 

Chairman Nelson stated the explanation that Mr. Lusk gave the Board did not match what Commissioner Bolin would like to do.  Commissioner Anderson stated he agreed with the resolution until Mr. Lusk mentioned different areas and different fees.  Chairman Nelson stated the difference is not on where it is located, but rather what is in the facility; that might have been a mis-statement in terms of how the charges were achieved; and requested the Board table the item to give staff time to confirm the fee schedule. 

 

County Manager Howard Tipton noted the Board wants to charge for the value of the location and the things that are there, and not necessarily try to determine the market value; if the Board would be comfortable in moving forward with the resolution, he would like to ask staff to go back and just make sure the County is charging correctly if there are three stoves in one area that can cook more, then that kitchen has more value than one that only has one stove.  He stated staff would be happy to make sure that review is concluded and any additional changes will be brought back to the Board for its review.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to adopt a Resolution establishing Rules and Use Policy, and Schedule of Fees for the Parks and Recreation Department; and to include the County Manager’s comments regarding staff reviewing and confirming that the County is charging the appropriate fees, and any changes that occur will be brought back to the Board for its review.  Motion carried  and  ordered  unanimously. 

 

  

 

County Manager Howard Tipton advised it is requested the Board extend the current Internal Auditor Contract through December 31, 2009 to complete the unfinished audits; and there are no fiscal impacts as a result of the request.

 

Commissioner Infantini stated she would like to have staff monitor contracts; the current Contract expired September 31, 2009; she does not have an objection to extending the Contract; but she does not like a contract to expire before the Board is asked to extend it; and inquired if there is currently someone on staff who monitors contracts.

 

Stockton Whitten, Assistant County Manager, advised there is a contract monitoring system in place; he has been the contract monitor on this particular contract; it was a busy time for expiring contracts in August and September; and he missed the expiration date.  He stated he also thought the Contract ended at the end of the fiscal year, but for some reason it ended on September 1^st; the firm had started the audits well in advance of the expiration date; and they stopped the audits not knowing whether the Board was going to extend the Contract.  He stated all contracts are supposed to be in the County system; and there is a monthly notice of expiration dates on terms, insurance, and other items.

 

Commissioner Infantini stated in the past, the Auditors have come up with numerous recommendations regarding various departments throughout Brevard County; and inquired if there was a way to present the information from the findings the firm has had for the last three years in order to have a consolidated of list of the things that were found.  Debbie, from the Internal Auditing Firm, advised she has such a spreadsheet with her today; the issues identified were 276, actions remediated were 236, and open actions are 40; those are on reports that had findings; and there are some other reports that were special projects, or other requests that did not have findings to be cleared. 

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to execute Agreement to Extend Existing Contract with RSM McGladrey, Inc. and Hoyman, Dobson & Company for the completion of Internal Audits approved under the current Internal Audit Plan.  Motion carried and ordered unanimously. 

 

 

County Manager Howard Tipton advised the Building Official for the City of Rockledge has left, and the City has asked the County to provide Building Official services on a temporary basis as the City locates a replacement; and the County is willing to do so for a fee of $75 per hour.

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to authorize the County’s Building Official to provide inspection services to the City of Rockledge on a temporary basis; and authorize the Chairman to sign a Contract for the temporary services prepared by the County Attorney.  Motion carried and ordered unanimously. 

 

 

 

Scott Knox, County Attorney, advised the item involves the Charter Review Commission’s selection of an attorney who served on the three-member legal panel that reviews Charter Amendments; as a consequence of that selection, there is a shortage of one position on the legal panel; and the Board needs to either get RFP’s, hire a new attorney to serve in that capacity, or get RFP’s for all three positions.

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to approve Request for Proposals (RFP) to select a panel of three attorney/retired judges required to review Charter proposals, as provided for by Section 7.4.A of the Brevard County Home Rule Charter.  Motion carried and ordered unanimously.

 

 

Mel Scott, Assistant County Manager, advised staff has been working diligently in furtherance of one of the Board’s main goals, which is acquiring the right-of-way necessary for the St. Johns Heritage Parkway; while it is typical for most of the right-of-way acquisition deals that staff is negotiating, to go out to the appraisal process, there is a fairly unique idea in front of the Board today; and it is probably far enough along in negotiations that staff needs Board direction on where the negotiations up to this point has led.  He stated the Platt Ranch, which is a property that will have the St. Johns Heritage Parkway run through a portion of it, is seeking to actually donate the right-of-way as long as certain contingencies are put into the contract; he has outlined those contingencies; and staff is seeking Board direction on how it feels about the contingencies.  He stated the first contingency is that it is staff’s recognition that when a right-of-way acquisition occurs, there is always going to be a cost-to-cure involved in that contract; the Platt family has presented a cost-to-cure as a result of some of the costs that would be required as a result of the farm being severed by the roadway; the family is requesting $1.9 million for cost-to-cure; and there is an itemized listing of the items and costs associated with the various cures that are identified.  He advised secondly, the Platt family is seeking to see that at least 6,000 single-family units, or the equivalent, peak p.m. hour trip generation, ends up on the Platt property as a result of the contract being executed; it is important to point out that approximately one-third of that allocation exists currently on the ranch; and at the end of the deal, the Platt family wants to make sure they have the 6,000 units on the ranch.

 

Commissioner Infantini stated currently the Platt family has the ability to have 2,000 single-family units; and they want to triple that number.  Mr. Scott stated that is correct; and currently the Platts have various zoning classifications and future land use designations, which total up to approximately one-third of their ultimate goal, which would be 6,000.

 

Mr. Scott stated staff recognizes it would require an amendment to the Comprehensive Plan; as part of this negotiation, the thought of actually right-sizing a greater area of the south mainland County, staff would be taking up to 20,000 units from the Future Land Use Map, which are there currently, but which have existing developments on those properties that are much less than their future land use designations would allow for; for example, it is very common in areas of the south mainland planning area to see four units per acre on the Future Land Use Map, or eight to

10 or units per acre on the Future Land Use Map with existing suburban development at one-third acre, or quarter-acre lots underneath of it; from south to north, the County has done the right-sizing exercises; but it is important to point out that the County has never transferred density like staff is proposing as part of the Platt contract onto a property; and staff wants to be very transparent in that part of the contract. 

 

Commissioner Anderson stated the density the Platt family is asking for is, in essence, density that would have occurred somewhere in south Brevard anyway; and it is just all moving to one spot.  Mr. Scott stated the County would right-size so that there is less build-out potential.  Commissioner Anderson stated there would be less homes than could occur right now.  Mr. Scott stated that is correct; and there would be a net reduction of approximately 14,000.  Chairman Nelson stated that is not entirely accurate based on what Mr. Scott said to him; stated Mr. Scott explained to him that the Board was looking at areas that already had development on them; and that homes would have to be knocked down, and properties would have to be consolidated to be able to create that, so it is not a raw land transfer. 

 

Commissioner Anderson stated June Park comes to mind because he can build behind his brother’s house on the rest of his acreage as a flag lot; and there are hundreds and hundreds of lots a mile or two from the Platt property that are like that, so the Board would be transferring those densities over there. 

 

Commissioner Fisher inquired if the Board is taking something from somebody else in order to be able to do this.  Commissioner Anderson replied no, because there is no access to those buildable areas.   Mr. Scott advised the Future Land Use Map has densities assigned to it as part of it that are not units that are the owner’s as a matter of right; but that is the maximum density that the Comprehensive Plan and the State will allow the owner to receive; to maximize those, if there was an underlying zoning classification and a single-family house built on a quarter-acre, to realize the maximum potential on the future land use designation of 10 units, the house would have to be demolished, and a public hearing for rezoning would have to be applied for; but from the State’s perspective, it does not weigh-in on those rezonings; and so in the past, when the County has done these right-sizing activities for the Future Land Use Map only, those are changes that go to the State; and he wants to be clear that the County has never transferred units to another property, but it is part of the land purchase proposal.  He advised the right-sizing would result in a net decrease of the south mainland planning area of approximately 14,000, but it would also contain a transfer of units to the Platt property; these are points of negotiation; and staff is very interested in hearing how the Board feels about where the negotiations have gone so far.  He stated another point would be that staff would submit the County’s right-sizing amendment as well as the transfer to the Platt ranch as part of the same amendment cycle in 2010;  and if  one or  either of those amendments were not to  be  found  in compliance by the State, then the contract would be nullified.  He noted another point of negotiation staff has come to so far is that the County would be purchasing the fill materials, which will be required for the Parkway construction, from the Platt family; there is a price in the contract that, in staffs opinion, is probably higher than the Board could get at the market rate; but the concept still remains, and staff needs feedback from the Board.

 

Commissioner Fisher inquired what is the value of the fill materials.  Mr. Scott replied the draft contract presented to the Board is $6.87 per cubic yard.  Commissioner Fisher inquired how much fill is needed.  John Denninghoff, Public Works Director, advised for the St. Johns Heritage Parkway Project, staff anticipates approximately $1 million worth of fill materials.  Commissioner Fisher stated the contract with the Platt family is then really $2.9 million.  Commissioner Infantini inquired what is the current market for fill material.  Mr. Denninghoff advised fill material is always an interesting topic; and staff believes today’s market price would more accurately be approximately $3.50 per cubic yard, or maybe less.

 

Commissioner Anderson inquired if the price sky rockets, does the Platt family have the ability to charge more.  Mr. Denninghoff advised it would be a flat price, so there would be no increase.  Commissioner Anderson stated the Platts would be locked in, so if the person next door was selling it for $10 per yard, the Patts are locked in at $3 per yard.  Mr. Denninghoff stated that is correct.

 

Commissioner Bolin inquired if it would be beneficial to the Platt family and the Board if there was a fair market value, instead of a fixed price, at the time; and stated that would protect the Platts if the price went up, or it would protect the Board.  Mr. Scott stated that is some of the feedback staff is looking for.  Commissioner Infantini stated staff is also getting rid of any competition; it is very difficult to classify it as a donation when the Board is discussing paying $1.9 million, plus give them the density, plus promise to buy all of the fill material for them; and it would be a good location, but she is failing to see the donation portion of the element.

 

Commissioner Anderson inquired if the Board had to condemn the land, how much would it cost the taxpayers of Brevard County. Scott Knox, County Attorney, responded if the Board is going to condemn the right-of-way it is going to pay for the cost of the right-of-way and the severance damages for severing the property in half, along with a business damage claim based upon the impact on the business, and attorney’s fees; and staff asked the Platt family what the County could expect to see by way of a claim, and the answer was between $15 million and $20 million.  Commissioner Infantini stated instead, rather than severing the Platt property, why does the Board not just buy everything from the property line, over, because then she would not have to cure the damage to the other parcel that is remaining, as right now the price is $53,000 per acre for the 35 acres the Board is proposing to receive for free.  Attorney Knox stated in order to do what Commissioner Infantini is suggesting, the County would have to buy all 4,000 acres because once the County buys a portion of a property, the rest of it is severed.  Commissioner Infantini suggested moving the roads to the east.  Commissioner Anderson advised that cannot be done because the PD&E is completed.  He stated he thinks the Board should move ahead on the project; the Platt family continues to farm, and they do not want to lose their lifestyle; the build-out of the density is between 20 and 40 years out; and he thinks it is important because of the high school, that the Board moves to get the Parkway under construction. 

 

Commissioner Infantini stated she is on board with the Parkway, but not at all costs; there are very few things that are important to her, regardless of cost.  Commissioner Anderson noted there is a current St. Johns Heritage Parkway Ordinance, adopted by the Board, that gives it the leeway  to do  what  it needs  to do  to buy  the portion  of the  right-of-way  needed; if the Board starts condemnation proceedings, which he has told the Board he will want to do if it cannot get all the property owners, the Board is going to blow the whole $20 million; and that makes no sense to him because it costs the taxpayers more money in the end.  He stated if the other Commissioners do not want the Parkway, they need to let him know now; and if that is the case, then that is good because it puts him where there is nothing he needs in his District, and then he can vote how he needs to vote on everything else from this point on for the next three years.  Commissioner Infantini stated Commissioner Anderson should have been voting that way anyway.  Commissioner Anderson stated he was trying to compromise with some Commissioners on things that were important in their Districts; the St. Johns Heritage Parkway is very important to 50,000 people in West Palm Bay; if the Commissioners are going to vote against it, he has no problem going back and telling the people of Palm Bay that the Parkway is not an interest of the Board of County Commissioners; and he is okay with that, but he would like to vote on it and get rid of it instead of dragging the poor Platt family through the past 25 years of trouble, and just tell them the Board is going to cut their property in half.  He stated if the Board just does away with it now, then he is free and has nothing else the Commissioners can hang over his head and his Districts’ head; and he will tell his taxpayers that the Commissioners do not care about their transportation needs in the south part of the County. 

 

Commissioner Bolin noted the St. Johns Heritage Parkway does not end in Commissioner Anderson’s District; she is looking at the long-range vision; and her vision is that the Parkway starts in District 5 and ends in District 4; and she hopes the Board has the strength to look ahead 30 or 40 years, because the taxpayers will look back at what the Board is doing today.  She stated she is quibbling about the price of dirt, but she believes very strongly that the Parkway is a necessary item for the transportation system of Brevard County to have something on the west side of I-95; and the benefits are going to outweigh some of the current situations.  Commissioner Anderson stated he agrees, but if the Board remembers, the idea began 15 years ago in Palm Bay to find a way to alleviate Minton Road and Palm Bay Road traffic; he would invite every Commissioner to go with him to witness the traffic problem; and he will show them what it took for residents to evacuate during the 2004 hurricanes and the 2006 fires.  He stated if the Commissioners are not interested in getting from Malabar Road to the Ellis Road Extension for the health and safety of the residents, and if they want to throw the whole thing away, then that is good; but he is not going to take responsibility from his voters; he will be going on-air and to the Florida TODAY to say he supports the Parkway and he wants it built, but the other Commissioners do not agree.  Chairman Nelson stated he appreciates Commissioner Anderson’s passion, but that is an unfair statement; stated he voted for the original $25 million of funding before Commissioner Anderson was on the Board; and to say the Commissioners do not support it is inherently unfair.  He stated he supports the Parkway, but the Board has to look at the big picture; there is a whole series of moving parts involved; the Board reduced the density on East Merritt Island by 6,000 housing units; but he does not expect to transfer those units somewhere else; that is the concept the Board is setting in motion today; and he has a concern with that.  He stated right-sizing in Brevard County has meant that the Board looks at what has developed and evolved in the Community, and adjusted the Comprehensive Plan to match that, as well as looking into the future; but it was never to create a stockpiling of units that could be used elsewhere.  Commissioner Anderson stated he agrees; the Parkway is important to the people in his District; and  if the  other  Commissioners do not want to move forward, then they need to stop wasting staffs time.  Commissioner Infantini stated there is already $20 million set aside for the project, inquired why the Board just does not give the Platt family another $20 million.  Commissioner Anderson stated that is what the Board will have to do if it refuses the deal. 

 

Commissioner Infantini stated just because someone does not take Commissioner Anderson’s first suggestion does not mean the whole thing is shot down; and it just means staff has to go back to the drawing board.  She stated the item was an add-on to the Agenda; and for something as important as the Parkway, it should not have been an add-on.  Commissioner Anderson stated the Board is not voting on the item.  He stated the Platt family was not willing to talk to any previous Commissioners; the staff in his office has built a lot of trust to get as far as they did; he is open to suggestions to move the project forward; but he does not want the project to stall and die.  He stated his predecessor did not do anything for the Parkway for eight years; he has moved further on the project in eight months than anybody has; if the price is not right, then that is fine; but staff needs to be given some reasonable points to be able to move forward to get the right-of-way required, and then move forward for construction. 

 

Chairman Nelson stated he is struggling with the 6,000 units because he does not know how that plays into the project in a fair sense because he also sees what the Board is doing with Farmton and with Viera; and he is not sure how that is equitable with those major companies.  He stated the equivalent to the Platt family was the Duda family; the Dudas had a significant amount of holdings and created a company in Viera that does the development arm of that; with the Platt family, there is potential for a similar thing; the Board is still negotiating for their costs for development; and with the Platts, the County is building the major road that would go through their property.  He stated one of the things the Board recaptures with the condemnation issue is that there are three, on-grade intersections with the Parkway, versus a limited access if the County owns the right-of-way.  Commissioner Anderson stated he has a legislator willing to work with the Board to match funds now to get the Parkway built; if the Board waits for the condemnation process, it will lose its leadership ability in the legislature and the Parkway will be dead; and the whole thing will be dead from Malabar Road to Viera.  Chairman Nelson stated for the record, the road speed has dropped below 40-mph based on the intersections.  Commissioner Anderson stated it would be like Grissom Parkway; in fact, there would be less access because Grissom Parkway has private drives right onto it, whereas the St. Johns Heritage Parkway does not; but the Board can do what it wants and move forward from there.

 

Chairman Nelson stated the Commissioners are trying to help, but Commissioner Anderson is not letting them.  Commissioner Anderson stated he is finished speaking; the Board can move forward; but he does not want to go to a condemnation process. 

 

Commissioner Fisher stated the difference between he and Commissioner Anderson is that Commissioner Anderson feels like the Platts do not want to sell the property; and he disagrees because he figures the Platts realized a long time ago that there is more value in development than there is in farming.  He stated he does not think it was fair to put the item on the Agenda on Friday afternoon.  Commissioner Anderson stated that was staff’s call.  Commissioner Fisher stated he is  telling  that to staff;  and now  that it is on the Agenda, he feels like the Board lost negotiating power with the Platt family.  He noted a few months ago the Commissioners said they were conservative and did not want to spend dollars they do not have; and he is fine with that; but as he looks to the future about the road issues in Brevard County, and he has asked staff to coordinate in every District the road issues, he thinks the Board is going to be surprised at what that number is when it sees that report.  He stated he thinks he can speak to his District as well as Chairman Nelson’s District that there are constituents in Districts 1 and 2 that have miles and miles of roads that are not paved, and there are no intentions of paving them in the near future, or else it is going to take a long time; and inquired how the Board can justify spending such a large amount of money on a new road.  He stated when the previous Board made the decision to plan the Parkway, there was not the budget constraint that there is today, nor was there the third I-95 lane to help with the evacuation issue; and he does not think it was ever a Parkway that could move traffic in an evacuation, as it has gone from a four-lane road to a two-lane road.  He stated he is convinced the Platts are creating a lot of value with the Parkway going through their property; and if the Platt family does not want to sell, then that is fine, and the Board can find something else with funds from Federal dollars and not County tax dollars.  He stated with giving away the 6,000 units, the Platts are trying quickly to get through Hometown Democracy to try to get the Board to piggyback and share with them; he does not agree with that concept; and he definitely does not agree with buying fill dirt from them at $6 per cubic yard.  He stated there are a lot issues with the whole project; if there were Federal dollars, then he would be happy about it; but he questions the whole concept of using County dollars.  He stated he does not believe the Board has to condemn anything; the Platt property will create value with development, not because the County is going to condemn it; that is a scare tactic; and if the Platts do not want to sell, then that is fine, let them keep ranching and let development move in around them.  He stated with not understanding the Board’s future budget constraints, he has no desire to commit the County to $100 million to finish the Parkway when it is all said and done.  He noted the Farmton Corporation has agreed to give away utilities and right-of-ways, put in utilities, and build a road without costing the County a penny; the reason Farmton Corporation has done that is because there is value in the project; and he is not buying it that the Board has to spend the taxpayers money to build the Parkway.  He noted he lived in Palm Bay and still has a condo in Palm Bay; he understands the constraints of the traffic there; but I-95 was not built when a lot of decisions were made either. 

 

Commissioner Anderson inquired if Commissioner Fisher understands there is $20 million set aside the right-of-way acquisition for the Parkway; stated if Commissioner Fisher wants to spend it and take it to his District, then he can do that and get three other votes; but he is finished arguing at this point.

 

Commissioner Infantini stated the Board needs to go back to the drawing board; the Agenda Item was given to her Friday afternoon; she did not see it until Monday because she was at a CPA conference on Friday; and the Board needs to have more notice and input on something so important.   She stated she is inclined to think it was not staff that placed it on the  Agenda  at the last minute.  Commissioner Anderson stated he had discussed with staff the timeline of October 6^th; and it was not his office that placed it on the Agenda on Friday afternoon.  Commissioner Infantini stated she is not comfortable with buying back the fill dirt at twice the market value; she is not  comfortable  with transferring  6,000 units  to one  property owner;  and

when she sees what the Farmton Corporation is giving away, she is not comfortable with the whole Platt transaction. 

 

Jim Wilson, City Attorney for West Melbourne, stated the City had some concerns about annexation language in the contract; the City wanted to know where the Board is on the project; and he can see now that the Board is a long way away from doing anything final with the project; but if the final document comes up with the annexation language in it, the City will have more input, but it is opposed to anything regarding annexation in the document. 

 

Tre? Holten stated he believes the Platt family has been clear, over many years, that they were not interested in developing their property; it is written in the language of the agreement that the intent is to continue to farm and use the land agriculturally; and he knows property rights are important to some of the Commissioners.  He stated there was a comment made about $100 million being spent, ultimately, by the County taxpayers through the budget; he is not sure that is true; right now there is over $20 million the Board approved; there has been a concerted effort to go to Washington, D.C. and Tallahassee and get some funds to help pay for the project; and there are also going to be private donations to the project.  Commissioner Fisher inquired how much would the Parkway ultimately cost the taxpayers; and stated currently, the County is the only one with any money on the table.  Mr. Holten stated there has been multiple appropriations made a the Federal level.  Commissioner Fisher inquired if those appropriations have been granted; with Mr. Holten responding affirmatively.  Commissioner Fisher inquired by whom have they been granted.  Mr. Holten advised he can send Commissioner Fisher a matrix.  Commissioner Fisher inquired if someone has actually committed.  Mr. Holten replied there has been previous appropriations to the project by Congressmen Weldon and Posey, and Senator Nelson.  Commissioner Anderson noted there is $4 million already for the interchanges.  Commissioner Fisher stated he is referring to the Parkway.  Mr. Holten stated the Parkway has received $6.5 million of Federal funds total; and he can provide that information to Commissioner Fisher.  He stated he knows economic development is important to each of the Commissioners; the project will provide a lot of jobs; many jobs will be lost at Kennedy Space Center; research and development has already looked at south Brevard County; but unfortunately, there is not enough access; and the Parkway is needed for jobs.  He stated he has concerns about the annexation clause with the City of West Melbourne; he agrees there are some things in the proposal that need to go back to the drawing board to be corrected; however, Commissioner Anderson made a good point that the Board has approved $20 million for right-of-way acquisition and PD&E design for the project; the Board recently approved a Resolution supporting the Parkway as well as every other jurisdiction involved; and it is incumbent upon the Board that it move forward in a situation where it can get the property for $2 million, plus fill dirt.  He noted if the Board goes to litigation it is going to cost $2 million; and ultimately, the Board is going to have to face the taxpayers and say it had a choice between $2 million as a voluntary sale, or it goes to condemnation and possibly violate peoples’ property rights and ultimately spends more than it should have.

 

Chairman Nelson stated he does not disagree with Mr. Holten, as he was one who voted for the original appropriation knowing it was going to be an uphill battle; it has to be recognized that it is a deal that is not worthy of the Board approving; the transferring of 6,000 units has nothing to do with the right-of-way, it has to do with development; if the Platts are not planning to develop, they do not need 6,000 units, and it does not need three, on-grade intersections; and it is a conflicting message when looking at it from that perspective.  Mr. Holten stated he knows Chairman Nelson is a proponent of sustainable development principles, but part of what the Platts wants to do when the project is developed is do it as a mixed use development, which is something that has a sensitive development; and that is proposed in the agreement as an amendment.  Chairman Nelson stated even donating the right-of-way is going to increase the value of the property for development purposes; it is going to happen if the right-of-way is donated and the County builds the road; and that is a deal that no major property owners have gotten.  He stated he has to face his taxpayers and explain to them why the Board may have committed those extra dollars in other places; he is having to answer that question already about $20 million on top of what already went to other south Brevard projects; the flip side is that if he gets back the $20 million, he may be a hero; but he thinks that is the wrong thing to do; and the Board wants to get the road built, but it is not there yet. 

 

Mr. Holten stated ultimately the road is going to have to have fill material; if it is the priority of the Board to build the Parkway, it cannot assume the Platts are going to donate everything with no costs to cure or no business damages; and he is does not think it is fair for the Board to assume it is going to get the property free and clear. 

 

Commissioner Fisher stated if the Parkway goes through, the Board is benefitting the development; and it is a great deal for the Platt family.  He stated the Parkway creates great value on the property, which is greater than the fill dirt and greater than the $2 million and 6,000 units; that is the reason Farmton is willing to pay for their road and put in the utilities without costing the County a penny.  Mr. Holten stated he has been working on the Parkway for over 10 years; he had the pleasure of going to Washington, D.C. a couple of weeks ago to try to get funding for the project; he has also spoken to people in Tallahassee; time is of the essence; and if the County does not move soon, certain opportunities may not become available because there is a possibility the Parkway will ultimately qualify for either stimulus funds or the reauthorization bill, which occurs only once every six years.  He stated if the Parkway is not shovel-ready soon, then there may never be a Parkway. 

 

Attorney Knox stated from a legal perspective, if the Board ends up having to condemn the Parkway, it will not be able to take into account the benefit it has for the abutting property; the Board may be able to take into account the benefit of intersections if it decides to build, but if it does not build, then it will not get to claim benefits; so there will not be any offset against whatever claim the damage will be; and if the Platts resolve not to sell to the Board, or if they farm for the next 30 years, that is what will happen.

 

Commissioner Infantini stated the biggest problem she is running into is the fact that the Board is being asked to pay $2 million to cure the damages to the Platt property so they can continue to  farm;  but  on the  flip  side,  the Platts are asking for increased  density  so the  land  can  be developed, and asking for three entrances along the property line, along with asking the Board to pay for the fill dirt; and either the Platts want to keep farming, and there is no increase in density, or if they  want the  density  they have  to give the Board the land and it  will not have to pay $2 million.  She stated it is a contradiction; she believes it will increase value for the Platt family; the Platts should come back to the Board because they have a great opportunity to see it at the right price; and the Board is willing because time is of the essence. 

 

Tuck Ferrell stated he has not had a chance to review the proposal, but he has a couple of observations.  He stated he supports the Parkway for many different reasons; his family has property near the proposed Parkway; he has been involved in transportation; and his family has donated approximately 20 pieces of land to the County, including two miles for Washingtonia Road that will go to Viera.  He stated he is wondering how many acres the Platts own; the 14,000 unit transfer confuses him; and he was under the impression that the Platts have over 4,000 acres.  Chairman Nelson advised the Platts own approximately 3,800 acres.  Mr. Ferrell stated he does not understand the 14,000 unit transfer; and inquired what the land use plan is for the area.  Chairman Nelson advised the Platts are entitled to approximately less than 2,000 units currently.  Mr. Ferrell stated he thought the area was one unit per acre.  Chairman Nelson inquired why Mr. Ferrell has donated right-of-way.  Commissioner Fisher inquired if there is any value in donating right-of-way.  Mr. Ferrell stated there is value in it for the subject property; but he has done it for other properties in which there is no value.  Commissioner Fisher inquired if there was any value to the land Mr. Ferrell donated to Washingtonia Road; with Mr. Ferrell responding it did not add value.  Mr. Ferrell stated he donated land so that Lake Washington Road could be put through to U.S. 1.; and it probably helped his property.  He stated the important thing is transportation; there are a lot of dead-ends in the County; he has talked to a lot of companies that are interested in coming to Palm Bay and throughout Brevard County; but the County suffers from dead-end roads; and nothing connects west of I-95.  He stated knows there are costs with the Platt family; they are going to have to have fencing and other things; the Parkway is going to cut them off; the Platt family has said they do not want to do anything with real estate; but they will have some modifications such as ditches.  He stated the Parkway will add connectivity, and bring in jobs; the traffic down there now is horrible; and he does not know what the answer is, but he is appealing to the Board to help fix something that is broken. 

 

Chairman Nelson stated he thinks one thing the Board can agree on is that it would like to see the Parkway finished; but the question is the deal; he believes in paying $1.9 million to pay for improvements on the east side, but there are other parts that he is having trouble getting to; all of the Commissioners are in different places about what it should look like; it is not that the Board is bolting at the project, it just has not figured it out; one of the toughest things he has had to do was turn a project in his District over to Commissioner Fisher to do the negotiating, and he did a very good job; and he is optimistic it can work with the Parkway project. 

 

Commissioner Fisher stated transportation is important all over Brevard County, not just south Brevard and Palm Bay; he has important transportation issues in his District; when he was looking for help for roads in his District, he could not get the majority of the Board to agree; and what that tells him is that there are all kinds of transportation issues all over the County.  He stated with the report he has asked Mr. Denninghoff to prepare,  the Board will find out there are some long-term commitments for road projects as far as what needs to be paved, and what has not been done; the cost to do that is staggering; and from his standpoint, he has to ask how the Board paves the roads it has when there are not the current dollars to do it, and then commit to other new roads.  He stated the Parkway will relieve some pressure, but it goes nowhere; someday it will have some value; but today, I-95 can move traffic as good as the Parkway would; and what he is trying to justify for himself is that the Board has to address its long term road needs in the County, which is going to take some dollars from some Commissioners who have had a conservative role.  Commissioner Anderson stated the Parkway is his only transportation need, so he is good on millage rates next year, already.  Commissioner Fisher stated that is fine; and the Board can tell the Platt family to keep farming. 

 

Chairman Nelson stated the Board walked into a $400 million road deficit that grew to almost $500 million; stated Commissioner Anderson was talking about some roads in his District, and he has some big projects still hanging on, such as Ellis Road and Washingtonia Road.  Commissioner Anderson stated the biggest problem is that people in Palm Bay cannot get to I-95; and the Parkway is the biggest transportation problem in the County.  Chairman Nelson stated of the $500 million in road issues, only $12 million is considered to be Palm Bay Parkway; the rest of the money is for significant road projects in each of the other Districts that have to be dealt with on top of the Parkway.  He stated Commissioner Anderson suggested a workshop on the Parkway; but he thinks a transportation workshop would probably be a better idea because he does not know how the Board can talk about one transportation issue without talking about the others.  Commissioner Anderson stated that is fine, but the Board has to decide what the Platts are going to come back with, and if the Board is willing to renegotiate; other than the Parkway, all he has in his District are re-paving projects; and there is no capacity left anywhere.  Commissioner Fisher inquired if Commissioner Anderson thinks it is important to re-pave some roads in Palm Bay.  Commissioner Anderson stated the problem is that no one is able to move on the roads; Minton Road needs paved badly because it is failing; but on a Friday afternoon, traffic is not moving fast enough to feel the bad road. 

 

Commissioner Bolin stated staff wanted a good feel of where the Board stands on the Parkway issue, and she thinks that goal has been met; and inquired if staff took into considerations what has been discussed today and go back and look at the contract to see if it can be tweaked so that the Board can move forward.  She stated she is not ready to hold a workshop, as it is time intensive; if the Board is going to move forward it still needs to be timely; and if the Board can get to a point where it agrees on the contract, she would like to be timely. 

 

Chairman Nelson stated one thing that is a deal breaker for him is the transfer of development units.  Commissioner Infantini stated the transfer of development units is a concern for her as well as the cost of the fill material and the annexation with the City of Melbourne.  Commissioner Anderson advised the Platt family pulled out of that annexation agreement, which is a good thing for everybody.  Chairman Nelson stated if the road is annexed into any city, the Board loses the funding mechanism to maintain it.  Commissioner Anderson stated he agrees with that; and inquired if there is any objection to the cost-to-cure.  Commissioner Fisher stated he has a problem with all of it until he sees the report from Mr. Denninghoff on what the Board’s overall commitment is throughout the County.   Commissioner Anderson  stated he  believes the Board has moved a long way with the Parkway; but his other issue is that his staff has worked very hard on the Parkway; and he would welcome the abutting Districts Commissioners to meet with his staff and the consultants to take another look at the  contract.  Chairman  Nelson  stated he would like the benefit of continuing the discussion.  Commissioner Anderson stated his office has been the point of contact for the project, and it would be good if there was another Commissioner as a point of contact.  He stated Phase I of the project is proposed to be Malabar Road to S.R. 192; and if the right-of-way for that is intact, the State would be willing to fund it; but no one will fund the County money until there is a right-of-way.

 

Brent Lacey, representing the Platt family, stated Commissioner Anderson’s office has been very involved in trying to help move along the Parkway and helping with the negotiations; and he would like to commend Commissioner Anderson’s staff and County staff for their efforts.  He stated there are elements in the agreement that are County staff recommendations; and there are proposals in the agreement that have come from the proposals on behalf of the Platt family.  He stated he would like the Board to understand it is not a developer driven, or a Platt family driven, agreement in terms of all the details; it is trying to reach a fair and reasonable compromise with the impacts that will be felt by the Platts; and the Platt family realizes if the Parkway is built, the land value will go up; but the land value will go up incrementally if there is, or is not, access.  He stated what needs to be understood is that at the very first meeting he had with the Platt family, the original discussions two years ago, it was not to help them negotiate an agreement or to help them find a way to obtain compensation for the Parkway; but it was to help the Platt family kill the road project, as it was their perspective.  He noted the outcome of today’s discussion will not be impalatable to the Platt family if there is not a road project; no one is saying the Platts will not benefit from the road; but it is his belief that the Platts will not be disappointed if the Board never builds the Parkway because their intention is to continue their agriculture business as long as possible.  He stated the Platts did not ask for the roadway; he told the Platts in the original meeting that they could not stop the roadway; the County has every right to acquire the right-of-way and every right to build the facility if it is in the best public interest; the Platts embraced that information and asked what they should do; and he advised the family they should work with the County to reach a mutual agreement on how both parties can benefit.  He stated he thinks that is possible, but he can tell the Board today, with no certainty can he go back to the Platt family and expect them to say to continue negotiations with staff and to go ahead and try to solve each of the Commissioner’s concerns.  He stated what he has heard today is that every Commissioner has a concern with almost every element in the agreement; the cost-to-cure is the cost the Board is going to pay, no matter what; the County Attorney described what the other costs could be; the difference will be substantial; and he is not certain when he talks to the Platt family, that they will not tell him thanks, but that they are finished; but that is the risk based on what he has heard today.  He stated it is not a threat or warning, but it is a fact because he does not know what the family will say at this point because they felt they had worked reasonably well to compromise and negotiate to try to put something on the table that was fair for the family and fair to the County; and he thinks County staff thought it was close as well.

 

Chairman Nelson stated he knows the family does not feel strongly about the Parkway, but there are a variety of issues; the family may consider that at some point in the future they do not want to be in the farming business; and they are going to want to protect their values.  He stated he would hope that the Platts continue  to have  discussions; and as long as everyone is talking, there is probably a solution.  Mr. Lacey expressed appreciation for the opportunity to be able to address the Commission. 

 

Chairman Nelson stated he would like County Manager Howard Tipton to meet with staff about the road projects Commissioner Fisher referenced earlier and share it with the Board.  Commissioner Anderson stated he thinks if the Board abandons the Parkway, or delays it any further, it is doing a lot of harm to a lot of residents in Palm Bay; and he is on the side of the residents of Palm Bay who would like to see the Parkway completed.  Chairman Nelson stated the Board is on the side of all residents throughout the County because ultimately there is an impact to everyone in the County.  Commissioner Infantini stated the Board is not delaying the project, as it is just working to get the best and most fair price for everyone in the County because the Board represents the entire County, not just one section; and the Board is here to look out for everyone’s best interest.

 

 

Chairman Nelson stated he is struggling with the section of the Contract that states, “That the Law Firm be independent and impartial in order to properly conduct its services”; and noted the Contract goes on to state, “The Law Firm shall not act as counsel in any lawsuit or other in any lawsuit or other adversary proceeding in which the Client is named as an adversary party or in which the Law Firm takes an adverse position to the Client”. 

 

Scott Knox, County Attorney, advised if there is an adversary position between the attorney and the client, that the attorney cannot represent the client in a lawsuit against that client.  Chairman Nelson inquired how the Board would find an attorney adversary to the client.  Attorney Knox advised the client is the CRC.  Chairman Nelson stated it is the CRC in its entirety; and the concern was that individual members found that offensive.  Attorney Knox stated what the clause in the Contract says is if the CRC gets involved in any kind of litigation, then there is a third-party attorney to represent the CRC.  He stated the bottom line is the Board is going to be paying for an attorney to represent the CRC if they get involved in litigation; and the CRC is saying they want someone independent from the person actually advising them. 

 

Commissioner Fisher inquired if the Board wants to send the Contract back to staff.  Chairman Nelson stated that clause was not in the previous Agreement.  Attorney Knox advised that is correct, it is new and was proposed at a meeting.  Chairman Nelson stated he would like to send the Contract back to the Charter Review Commission.

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to table the request for approval of revised Independent Contractor Professional Services Employment Contract, which contains changes approved by the Brevard County Charter Review Commission, to allow the County Attorney to meet with the Charter Review Commission and the Law Firm concerning the removal of Section 8.2 of the Contract. Motion carried and ordered unanimously.

 

Upon motion and vote, the meeting adjourned at 4:10 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    CHUCK NELSON, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)