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

 

 

 

PLEDGE OF ALLEGIANCE:  Commissioner Mary Bolin, District 4

 

 

The Board approved the December 15, 2009 and January 26, 2010 Regular Meeting Minutes. 

 

 

 

RESOLUTION, RE:  RECOGNIZING MIKE NAGY AS POSTAL SERVICE LETTER CARRIER OF THE YEAR

 

Commissioner Fisher stated Mr. Mike Nagy is not present; the resolution will be presented to Mr. Nagy at a later date; but he would like the Board to approve the resolution today.

 

The Board adopted Resolution No. 10-034, recognizing Postal Service Letter Carrier, Mike Nagy, as the Brevard County Talking Books Postal Service Letter Carrier of the Year. 

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

RESOLUTION, RE:  PROCLAIMING MARCH 7 THROUGH MARCH 13 AS “WOMEN IN CONSTRUCTION WEEK”

 

Commissioner Anderson read aloud a resolution proclaiming March 7 through 13, 2010 as "Women in Construction Week" in Brevard County.

 

The Board adopted Resolution No. 10-035, proclaiming the week of March 7 - 13, 2010 as "Women in Construction Week" in Brevard County.   

 

 

A representative from the National Association of Women in Construction (NAWIC) expressed appreciation to the Board for the Resolution.  She stated NAWIC has been in existence since 1955; it has grown to almost 5,000-strong in the United States; and there are affiliates in other countries also.  She noted with her today is Karen Renzi, CIT, the Vice President of Space Coast Chapter of NAWIC.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

RESOLUTION, RE:  RECOGNIZING THE WOMEN’S CENTER

 

Chairman Bolin read aloud a resolution recognizing the Women's Center.

 

The Board adopted Resolution No. 10-036, recognizing March 2010 as the 35th Anniversary of The Women's Center. 

 

 

A representative from the Women's Center expressed appreciation to the Board for the Resolution; and stated the Women's Center helps to serve over 10,000 women and families in the community.  She stated some of the programs and services listed in the Resolution speaks to what it is that the Women's Center does; but she wants to mention that in addition to that, the Women's Center strives to take care of the whole woman; no matter what a woman comes to the Center for, they want to try to help her; and if the Women's Center does not provide the program or service, they will work hard to find a service within the community.  She advised five percent of the Women's Center's clients are men; no one is turned away; and if someone comes in for help, they will receive it.  She stated she would encourage anyone who wants more information to visit the website at www.womenscenterinbrevard.org or call 242-3110.

 

 

 

RESOLUTION, RE:  PROCLAIMING MARCH 2010 AS IRISH AMERICAN HERITAGE MONTH

 

Chairman Bolin read aloud a resolution proclaiming March 2010 as Irish American Heritage Month. 

 

The Board adopted Resolution No. 10-037, proclaiming March 2010 as Irish American Heritage Month. 

 

 

Charles Osborne, President of the District 2 Brevard County Ancient Order of Hibernians in America, expressed appreciation to the Board for the Resolution, on behalf of all of the Irish Americans in Brevard County.  He stated the Brevard County Order of Hibernian's in America are very proud of what the Irish Americans have done in the past and what they plan to do in the future; and stated although there are some members who have to step aside, there are others to take their place. 

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

RESOLUTION, RE:  RECOGNIZING MELBOURNE HIGH SCHOOL GIRL’S SOCCER TEAM STATE CHAMPIONSHIP

 

Commissioner Infantini advised she and Commissioner Anderson will be presenting the resolutions during a pep rally for the students on Friday, for their outstanding achievements.

 

The Board adopted Resolution No. 10-038, recognizing Melbourne High School Girl's and Soccer Teams, The Bulldogs, for winning the State Championship.   

 

 

 

RESOLUTION, RE:  RECOGNIZING MELBOURNE HIGH SCHOOL BOY’S SOCCER TEAM STATE CHAMPIONSHIP

 

The Board adopted Resolution No. 10-039, recognizing the Melbourne High School Boy's Soccer Team on winning the State Championship.

 

 

 

RESOLUTION, RE:  CONCERNS OF THE CRIMINAL JUSTICE SYSTEM’S RESPONSE TO VIOLENT CRIME

 

Commissioner Anderson advised the resolution began at Commissioner Fisher's Crime Workshop in October, which led to a request by the League of Cities; the resolution was in front of the Public Safety Coordinating Council; and he read aloud the resolution stating concerns of the criminal justice system's response to violent crime.

 

The Board adopted Resolution No. 10-040, supporting concerns of the Criminal Justice System's response to violent crime. 

 

 

Wayne Holmes, Assistant State Attorney, advised there are additional items and data that will be discussed in the future; the main concern of everyone was that the Legislature is in session; and the primary concern of the League of Cities is the fact that State agencies are not being properly funded, which then causes not only violent crime, but other issues in the community. 

 

Commissioner Anderson stated the legislation allows the Chair of the Brevard County Commission to appoint people; one recommendation was to appoint a Clerk of Court appointee, as a lot of things discussed on the committee include records and movement of files, and making the system more efficient; and it was requested that a representative from the Clerk of Courts Office be appointed.  Chairman Bolin advised that request is on the Board's Consent Agenda.

 

Commissioner Anderson stated the second issue that came up was that the League of Cities and its representatives were requesting that somebody from the Police Chiefs Association also sit on the board; that presents a lot of issues, such as if a Chief and Mr. Holmes need to discuss something, they have to be careful not to violate the Sunshine Laws; and the Board was afraid that would hamper what it is trying to do by being more efficient and getting bad guys off the street.  He stated it was the Board's desire not to do that; however, a police chief or representative from the association can be on the agenda anytime they wish. 

 

Mr. Holmes stated it was also requested that citizens groups be a part of the group, in terms of liaisons to the board as opposed to an actual member; and that way, they have the flexibility to bring information to the board and work as a resource, but they are not actually part of the commission. 

 

Commissioner Fisher stated the group came up with two or three things it wanted to see change over the next six months to a year; and inquired if there was any clear cut direction that the group was assigned to work on.  Mr. Holmes replied there were not specific directions, but in building the agenda for the April meeting there are a number of items that will be put on the Agenda, which has to be submitted by March 24th; and it will be known at that time some of the specific items; one of the items the Sheriff expressed concerns about was problems with subpoenas; and a lot of the items are to help the system run more efficiently and keep everyone on the same page, information-wise. 

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Fisher stated the Board previously discussed preparing a space resolution; and he will get a copy of the resolution to the Board.  He stated as the Board knows, the State of Florida has played a key role in the nationwide Space Program; $4.1 billion is the Statewide economic impact, with $103 million in State and local taxes; the Space Program is important to not only Brevard County, but the entire State of Florida; and his goal was to create a resolution that the Florida Association of Counties and each individual county could approve to show what kind of impact the Space Program has on the State of Florida.  He stated there was an announcement yesterday that the President might be coming to Brevard, or Kennedy Space Center, next month; and he would like to get the resolution passed before then. 

 

Chairman Bolin inquired if there were any objections from the Board to have Commissioner Fisher read the resolution; and stated the Board could approve it today, as time is of the essence.

 

Commissioner Fisher read aloud a resolution seeking legislative support for the United States remaining the leader in space and human space flight.

 

The Board adopted Resolution No. 10-041, seeking Legislative support for the United States remaining the leader in space and human space flight.   

 

 

Commissioner Fisher stated Space Florida supports the Resolution and also verified that the information in the Resolution is correct, as to the dollar amounts and figures. He stated the Resolution will be forwarded to the Florida Association of Counties and each individual county in the State.

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Nelson stated he had the pleasure of attending two Little League baseball games on Merritt Island over the weekend.  He advised next weekend he will be attending the Lassie League, which is the girls softball program; and also next weekend is the Special Olympics at Merritt Island High School, beginning at 9:00 a.m.

 

 

 

Commissioner Nelson stated he had the pleasure of attending two Little League baseball games on Merritt Island over the weekend.  He advised next weekend he will be attending the Lassie League, which is the girls softball program; and also next weekend is the Special Olympics at Merritt Island High School, beginning at 9:00 a.m.

 

 

 

Commissioner Anderson stated the Board has received a letter from the Mobile, Alabama County Commission regarding Brevard County's fee for the Air Force Refueling Tanker Program that Boeing and Northrop Grumman have been trying to hash out; it has been a long process; and last year when he was in Washington, D.C. his thought process was that the Board would wait and see what happens with the new RFP.  He advised he had a teleconference with federal and State lobbyists, the EDC, Mobile County Commission Chairman, and County Manager Howard Tipton; he stated he hoped that Northrop would keep their hat in the game, as it would mean a lot of jobs for the south part of the County and Brevard County in general, especially with the loss of the Shuttle Program; and they are engineering jobs which would be a good transition from the Space Program to the refueling program.  He stated a few hours after the teleconference, he was contacted by Florida TODAY, reporting that Northrop pulled out of the bid.  He stated Brevard County is not in the game right now for those jobs; it looks like Boeing is going to be the lead; he does not want to get angry about how the bid process happened; however, he does not think it is over yet; and he is still talking with the EDC.  He noted President Obama's administration made a big deal out of sole-source bids; it is a $34 billion contract; if it is left as is, that will mean that Boeing is a sole-source provider, and there would be no competition for them; and that goes against everything in the spirit of what has been communicated to the Board, not only by the President's administration, but by Congress, on the awards of big bids going out to just a single company.  He stated he is going to Washington, D.C. next week and he would like to have some sort of consensus from the Board to ask the Department of Defense to reconsider the RFP, and go back and revisit it so that it is a fair bidding process.  He noted currently, the two aircraft are totally different; Boeing's aircraft is a much smaller aircraft; and Northrop's proposal is for a lager state-of-the-art tanker, which is more advanced than Boeing's. 

 

Commissioner Fisher stated he is comfortable with Commissioner Anderson's suggestion; hopefully, the RFP can be reconsidered; he is not sure how the political process works; and he is sure Northrop had a reason why they pulled out, but it appears the RFP was not written in favor of them.  Commissioner Anderson stated it would have at least been beneficial for both companies to split the contract somehow; but $35  billion is a lot of money to give to one company.  Commissioner Fisher inquired if Northrop Grumman is interested in bidding on the contract.  Commissioner Anderson replied he thinks Northrop Grumman would definitely be interested if they felt that they can ensure their investors and corporate directors that the bidding process is fair and they will not have to reinvent the wheel.  He noted the current proposal forces Northrop to have to spend a lot more money to recreate an aircraft; six months ago he and Commissioner Nelson visited Northrop's Melbourne facility; and it was amazing to see that the aircraft was ready to be built, but then the Air Force says it wants to change its concept on it.  He stated Northrop already put a lot of money into the proposal, and the rules were changed on them.

 

Commissioner Nelson stated Northrop has already spent millions of dollars, and he believes they would still be interested in trying to have a fair proposal; it is ironic that Northrop was originally awarded the bid, but because of the specifications the Air Force was forced to put it back out to bid; one of the criticisms is that Northrop was using an Airbus airframe, which is foreign made; and now Boeing ships out a lot of its component parts to foreign countries.  He stated for Brevard County it means well over 1,000 jobs; and Brevard County could lose Northrop Grumman.  He stated the proposal needs to be fair; the specification has been written around the Boeing 767; the Northrop Grumman plan has greater capacity for fuel and other avionics that would help the war fighters; and stated he will support Commissioner Anderson taking that message to Washington, D.C.

 

Chairman Bolin stated it is always good to have something on paper; in reading the letter that was provided to the Board, she thinks it is a very good letter that the Board can adopt; and she would like to be able to approve a letter for Commissioner Anderson to take to Washington, D.C.

 

Commissioner Infantini stated she is a big fan of fair and open bidding, and not skewing bids and specifications; and she is glad Commissioner Anderson is taking the issue to Washington, D.C. 

 

Chairman Bolin noted the content of the letter states the Board's main concern is fairness of the RFP; the Board is not stating preference in the letter for one company over another, as it is just talking about the process of this is going forward. 

 

Commissioner Anderson stated he would support a letter addressing the issues that have been discussed.

 

The Board authorized Chairman Bolin to sign a letter to Legislators expressing the Board's concern for fairness of the RFP for the Air Force Refueling Tanker Program. 

 

 

 

Commissioner Anderson stated in trying to save on the cost of meetings, he scheduled a teleconference; he almost had to cancel the teleconference because the County's phone system  can  only  handle five  people at a time;  and  the  Board needs to direct  staff  to address that issue.  He stated he would like to get a cost benefit of what it would be to do it in-house versus having a vendor.

 

County Manager Howard Tipton stated there were some phone challenges yesterday morning; one of the accounts that had been previously utilized had expired for lack of use; there is an account that will be set up by the end of the week; and he will be happy to get the cost analysis for the Board of whether it is better to go to meetings or use AT&T.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Tom Zuba stated this is the third year for the ovarian cancer awareness soccer matches at Viera Regional Park; the event brings awareness to the disease that is referred to as the silent killer; the symptoms of ovarian cancer are subtle; and it is difficult to detect.  He stated the symptoms of ovarian cancer are abdominal pressure and bloating, constipation, nausea, unusual fatigue, backaches, unexplained weight loss and weight gain, and shortness of breath; and in the case of his wife, they had written off the symptoms as old age, but she had ovarian cancer.  He advised at the event this year there are several colleges that will come and play; the event is free to everyone in the County; everyone is encouraged to wear their team colors; at 11:00 a.m. Florida Tech will play Rollins College; and at 12:30 p.m., Florida Southern University will play.  He stated he has personally raised all the money to cover the event, which includes the food for the players, the drinks, the referees, and the Parks and Recreation staff.  He expressed appreciation to the Board for allowing him to announce the event.

 

 

APPROVAL, RE:  SARNO EAST FLOOD IMPROVEMENT DESIGN AND PERMITTING TASK ORDER #08-003-007

 

The Board executed Task Order #08-003-007, with Pegasus Engineering, LLC for Sarno East Flood Improvement Design & Permitting. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

APPROVAL, RE:  M-1 CANAL STABILIZATION PROJECT GRANT EXTENSION, PERMISSION TO BID AND AWARD, AND AUTHORIZE CHAIRMAN TO EXECUTE CONTRACT

 

The Board approved a no-cost time extension until November 29, 2010 for SJRWMD (St. Johns River Water Management District) grant contract #24933 which funds 50% (up to $235,000) of construction of the M-1 Canal Stabilization project; authorize advertising for a Request for Bids for construction of the project; authorize staff to negotiate a construction contract with the lowest responsive and responsible bidder; and authorize the Chairman to award and execute the contract.   

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

BINDING DEVELOPMENT PLAN, RE:  MIMS PROPERTY JOINT VENTURE PARTNERSHIP

 

The Board executed Binding Development Plan with Mims Property Joint Partnership for property located on the south side of Irwin Avenue, approximately 0.57 mile east of U.S. 1.

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

ACCEPT DEED FROM MANAV MANDIR, INC., RE:  CUL-DE-SAC AT END OF WAELTI DRIVE

 

The Board accepted the Deed from Manav Mandir, Inc. for additional road Right-of-Way purposes on Waelti Drive, located in Section 12, Township 26, Range 36. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

ACCEPTANCE OF SIDEWALK EASEMENT FROM LINDA T. CRAWFORD, TRUSTEE, RE:  TROPICAL TRAIL IN SECTION 34, TOWNSHIP 23 SOUTH, RANGE 36

 

The Board accepted the sidewalk easement from Linda T. Crawford, Trustee for property located on Tropical Trail in Section 34, Township 23 South, Range 36 East. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

ACCEPTANCE OF SIDEWALK EASEMENT FROM SUNTREE PROFESSIONAL PARK, INC., RE:  PROPERTY LOCATED IN SECTION 25, TOWNSHIP 26 SOUTH, RANGE 36

 

The Board accepted sidewalk easement from Suntree Professional Park, Inc., located in Section 25, Township 26 South, Range 36 East.   

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

PERMISSION TO CONSTRUCT TRAFFIC SIGNAL, RE:  PINEDA CAUSEWAY REALIGNMENT PROJECT

 

The Board authorized staff to construct a traffic signal on the Pineda Causeway Realignment Project at the intersection with Holy Trinity Episcopal Academy (Holy Trinity).   

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

APPROVAL, RE:  UPDATING ASSET INVENTORY LIST AT COUNTRY ACRES CHILDREN’S HOME

 

The Board approved the removal of stolen lawn equipment from Asset Inventory List at Country Acres Children's Home in accordance with BCC Policy 23-Tangible Personal Property, and Administrative Order 24-Accountability of County Owned Property. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board authorized the County Manager or designee to execute Agreements with the Florida Agency for Health Care Administration's Low Income Pool; and approve a cash donation and increase of $108,027 in the Housing and Human Services Department General Fund transfer, for the required Low Income Pool match.   

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

JOINT USE AGREEMENT RENEWAL WITH SCHOOL BOARD AND BREVARD COUNTY COMMISSIONERS, RE:  SHARED USE OF MIMS/SCOTTSMOOR LIBRARY AND THE COMMUNITY EDUCATION CENTER

 

The Board executed the Joint Use Agreement Renewal between the School Board and the County for shared use of the Mims/Scottsmoor Library and the Community Education Center. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

RESOLUTION AND EASEMENT TO FLORIDA POWER AND LIGHT COMPANY (FPL), RE:  MAX K. RODES PARK

 

The Board adopted Resolution No. 10-042 and executed Easement to Florida Power and Light Company (FPL) for an Easement to construct, operate, and maintain the electric utility facilities to the new Max K. Rodes Park. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

AUTHORIZATION, RE:  GREAT OUTDOORS RELEASE OF ESCROWED FUNDS

 

The Board executed authorization for release of funds held in escrow for the construction of a water tower and related water system improvements at The Great Outdoors RV Golf/Resort in Titusville. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

CANCELLATION, RE:  APRIL 15, 2010 WORKSHOP

 

The Board approved cancelling the April 15, 2010 scheduled Workshop. 

 

 

 

AUTHORIZATION, RE:  USE OF FLORIDA CONTRABAND FORFEITURE EQUIPMENT

 

The Board approved the use of $50,000 of State Forfeiture for donations in accordance with Florida Statute 932.7055(5)(c)3; and authorize any necessary budget amendments.   

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

APPROVAL, RE:  ALTERED AND ADDED PRECINCT LEGAL DESCRIPTIONS

 

The Board approved the revised precinct legal descriptions for the changes to existing precincts due to annexations by the Cities of Melbourne, West Melbourne, Cocoa, and Rockledge. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

ACKNOWLEDGE, RE:  TITUSVILLE-COCOA AIRPORT AUTHORITY FISCAL YEAR 2008-2009 ANNUAL AUDIT

 

The Board acknowledged the Titusville-Cocoa Airport Authority Fiscal Year 2008-2009 Annual Audit. 

 

 

 

APPOINTMENTS, REAPPOINTMENTS, RE:  CITIZEN ADVISORY BOARDS

 

The Board appointed Honorable Scott Ellis, Clerk of Courts, to the Public Safety Coordinating Council; and reappointed Jimmy Jackson to the Cocoa West Community Center Advisory Committee, with terms expiring December 31, 2010. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

APPROVAL, RE:  BILLS AND BUDGET CHANGES

 

The Board approved the bills and budget changes as submitted.  

 

 

 

AUTHORIZATION OF AGREEMENT WITH ISI WATER COMPANY, RE:  WATER/SEWER BILLING

 

Commissioner Anderson stated the item refers to using a private vendor to go back and look at billing; and inquired if the request is to collect funds from people that may have underpaid on their bills in 2000. 

 

Dick Martens, Utilities Director, stated the request is to identify patterns that might lead to the discovery of incorrect billings, but staff would have no intention of doing any retroactive billing; and it would simply be moving forward from the time of discovery with the correct billing. 

 

Commissioner Anderson inquired how the ISI Water Company is getting paid.  Mr. Martens replied if an account is identified that is being inappropriately billed, and that correction is made, as future collections are made at the new proper rate, the company would be paid a portion of that additional future payment; there is really no risk to the County for payment of something that does not come in; and the payment process will take the full three years. 

 

Commissioner Anderson inquired if there would be any retroactive payment taken from customers.  Mr. Martens replied no, there would be no retroactive payments; and payment would be made from realized revenues.

 

Commissioner Infantini stated she sees the benefit of using the existing contract to reduce the normal rate of 60 percent retainage of the fees to 50 percent; her concern is not going out to bid; and inquired if someone has the ability to profit $250,000 to $500,000, are there not other companies that would like to bid on the contract.  She stated she realizes there is no cost to the County, but there may be a huge benefit to another company that is local, because the ISI Water Company is based out of Texas; and she would rather give the opportunity to someone else.

 

Mr. Martens stated the contract was bid in September; and the City of Lake Wales did bid on the contract.  He stated staff is asking permission to "piggyback" on that selection; there are a number of other Florida cities using ISI Water Company; it was a formal competitive process in the City of Lake Wales in September 2009; and staff is simply requesting to "piggyback" on that competitive process. 

 

The Board authorized a "piggyback" of the City of Lake Wales Agreement with ISI Water Company; and execute a Contract adopting the standard County Contract provisions to identify and correct unbilled and misbilled utility, stormwater, and solid waste services. 

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Robin Fisher, Vice Chairman/ Commissioner District 1

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

Jerry Brinegar stated he would like to read a portion of Florida Statute 403.413, Florida Litter Law.  "Litter means any garbage, rubbish, trash, refuse, can, bottle, box, container, paper, tobacco product, tire, appliance, mechanical equipment or part, building or construction material, tool machinery, wood, motor vehicle or motor vehicle part, vessel, aircraft,  farm  machinery or  equipment,  sludge  from a  waste  treatment  facility,  water supply treatment plant or air pollution control facility, or substance in any form resulting from domestic, industrial, or commercial mining."  He noted the Statute goes on to define person, aircraft, and commercial vehicle.  He stated he wonders who wrote the Statute; the person who wrote it could not be an ordinary man with an ordinary job; and when people are not allowed to have cars in their yards, the genius is being cut out of the country.  He stated Building C of the Government Center is has not been in compliance, either outside or inside, for at least one year; and stated he just wanted to point out that it is very difficult for everyone to be in compliance.

 

Commissioner Infantini stated she agrees with Mr. Brinegar because there are many times when there is leftover building materials, or leftover tiles from a roof repair; and inquired where those things are supposed to be stored.  She stated she cannot imagine how many houses are currently not in compliance; to start enforcing rules against certain Code violations, she would still like to push to get those refined; stated Mr. Harold from Code Enforcement is working on defining violations so that more things can be let go than enforced; sometimes extra lumber needs to be stored; if there is not enough room in one's garage, they are either forced to throw it away, otherwise they are faced with a Code violation; and not everybody has the money to store every piece of leftover material that may be able to be used at a later date.  She inquired if staff has a date for when those definitions will be coming back before the Board.  Assistant County Manager Mel Scott stated he will research Commissioner Infantini's request and report back to the Board.

 

 

 

Matt Nye stated he would like to comment on the situation that happened yesterday with Commissioner Anderson's teleconference.  He stated he would like to go back in time to November 17, 2009, which was when the Board voted to move forward with the AT&T upgrades on the obsolete equipment, and also to extend the AT&T contract; and per his comments in November, that money that was spent on the old phone system could have been spent on new technology that would have integrated and talked to the County's existing technology, and would have provided the functionality that Commissioner Anderson was looking for yesterday.  He stated there are tremendous cost savings to the County; he knows the County budgets are tightening; things are looking grim; and he believes the County needs to determine if it is an opportunity for tremendous cost savings.  He stated he estimates a savings of $1.5 million per year in terms of operational efficiencies, power consumption, and management; what is happening now in the County is that it is literally managing 110 different phone systems; there is a phone system in every building, which have to be managed on a per-site basis; and it is very inefficient.  He advised part of the savings of the AT&T contract extension actually resulted from the fact that the County reduced its usage of its fiber ring; right now, that is completely opposite of what the County should be doing; and it should be pulling all voice traffic into and onto the data network so that it can get rid of the circuits from AT&T.  He stated it is very frustrating from a technology standpoint; it has been four months since the Board approved the AT&T contract; he has not seen anything about an RFP for the phone system; in November, the rationalization made for approving that AT&T contract extension was that the Board was going to look into hiring a consultant to put together an RFP for the phone system; and he was hoping he could get some answers regarding the progress on that.  He stated had the County taken another couple of weeks to investigate what he spoke of, or if it had called some references, as  Commissioner Infantini did, that money that was spent on old technology is providing no tangible benefit to County employees whatsoever that the functionality that Commissioner Anderson was looking for yesterday would have been available.

 

Commissioner Infantini inquired if the Board knows when the RFP is going to be coming out, or could the Board move to an RFI (Request for Information).  She stated without an RFI she fears the Board will end up with another bid that is skewed, such as the Northrop/Boeing bid; she does not want to see that happen; and she wants to make sure the Board has the best technology at the lowest price.

 

County Manager Howard Tipton advised he is not prepared to speak on this subject today; and he does not yet have an update for the Board.  He stated the Board debated this issue on November 17th; he is comfortable with the savings the County is going to be receiving through the extension to AT&T; the County will be using a portion of those savings to bring on the consultant, which will help with the proposal; he will be happy to provide an update to the Board at that time.  He stated it is a very complex issue; and to talk about the very minor difficulties that happened yesterday with Commissioner Anderson's teleconference and compare it to an entire countywide phone system is not a fair comparison.  

 

Commissioner Infantini stated her concern is that the Board was told the last time that it was going to take 27 months to go out to bid; she does not understand why the Board has not already gone out to bid, knowing that the contract was coming up; that was before Mr. Tipton became County Manager; and she does not want to run into the same situation in which the Board renews another contract because it has not gone out to bid for it in a timely fashion.

 

Mr. Tipton stated Commissioner Infantini is correct; staff has discussed improved contract administration in which there would be greater lead time in anticipation of when things need to come up; and he will give the Board an update as to when that proposal is going to roll out. 

 

 

PUBLIC HEARING, RE:  ORDINANCE AMENDING CHAPTER 62, ARTICLE X, DIVISION 2, ENTITLED “AQUIFER PROTECTION”

 

Chairman Bolin called for the public hearing to consider amendments to Chapter 62, Article X, Division 2, entitled "Aquifer Protection".

 

There being no objections heard, the Board adopted Ordinance No. 10-06, amending Chapter 62, Article X, Division 2, Code of Ordinances of Brevard County, Florida relating to Aquifer Protection; specifically amending Section 63-3631 Definitions; amending Section 63-3632 Purpose and Intent; amending Section 62-3634 Prime Aquifer Recharge Areas; amending Section 62-3635 Class 1 Aquifer Recharge Areas; amending Section 62-3636 Secondary Aquifer Recharge Areas; creating Section 62-3637 Type 3 Aquifer Recharge Areas; creating Section 62-3638 Appeals; providing for Resolution of Conflicting Provisions; providing for Severability; providing for Area Encompassed; providing for an Effective Date.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Robin Fisher, Vice Chairman/ Commissioner District 1

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

PUBLIC HEARING, RE:  ORDINANCE AMENDING SECTION 62-507(d)(2) ENTITLED “EXISTING SINGLE-FAMILY RESIDENCE” VESTED RIGHTS

 

Chairman Bolin called for the public hearing to consider an ordinance amending Section 62-507(d)(2) entitled, "Existing Single-Family Residence" Vested Rights.

 

Commissioner Infantini stated she would like to make one change to the proposed ordinance; in Section 1, Paragraph (2)(a), there is the word "and"; she would like to replace the word "and" with "or", because currently the Section reads, "An occupied single-family homestead exempt residence existed prior to and after September 9th"; and stated the problem is that Mr. Mellin does not have homestead exemption because there is not a home on the property. 

 

Commissioner Nelson stated he is going to continue to oppose the amendment to the proposed ordinance; the Board is changing the Code for one home that existed 30 years ago; and he really thinks that is a mistake.  He stated the Board could have a line of people in front of it asking to change the Code to fit their specific circumstance; it is a poor governance on the Board's part to look at one's particular circumstance; there other issues such as if Mr. Mellin can even get a permit; and he is going to continue to oppose the request.  He stated he does not think the Board should be going back in time grant rights to people because now there are codes in place to address issues do not need to be changed. 

 

Commissioner Infantini stated Mr. Mellin is in the audience; and she would like him to come forward.

 

Chairman Bolin inquired, by making the change in the verbiage, will any legality be changed.  County Attorney Scott Knox replied, overall, Mr. Mellin will still have to qualify for Vested Rights, so it really does not change much.

 

Ron Mellin stated he lives at the dead-end of Thompson Road in Micco; the property originally had a house built on it in 1961; he bought the house in 1979; while he was away taking care of his mother, the house had burned down; and at that time, he could not come back to Florida because he was not retired; but now he has been back in Florida since 2002.  He stated he wants to rebuild the house, but he has not had the opportunity to do so because he does not have Vested Rights to rebuild the house that he had lived in; he had homesteaded that house; his property is surrounded by water, has over 50 palm trees on it, and across from his property is a wildlife preserve; there is only one house 200 feet away from his property, which is the only neighbor who objected to what he wants to do; and he suspects there was favoritism involved with the neighbor, as he is a County employee.  He stated the other neighbors, whom he has known for  years on  Thompson  Road  had  petitioned for him to be able to  rebuild;  and over 200 people have sent emails and faxes asking the County to let him have the opportunity to rebuild.  He stated if the Board can see the property and what it looks like, then it can make a judgment call with knowledge; the property is beautiful; and he wants to live there for the rest of his life.   

 

Commissioner Infantini inquired if Mr. Mellin has been before the Special Magistrate twice, and both times the Special Magistrate told Mr. Mellin that in his opinion, Mr. Mellin should be awarded Vested Rights.  Mr. Mellin stated that is correct; he went before the Special    Magistrate    twice;    and     both   times,    the    Special     Magistrate     made recommendations to the Board that his Vested Rights be granted.  Commissioner Infantini stated most of the time the Board follows the Special Magistrate's recommendations, although it is not required to do so; and for that reason, she would like to approve the request.

 

Commissioner Fisher stated he is not opposed to Mr. Mellin rebuilding his house, but he is concerned that Mr. Mellin will not be go through the permitting process; and before the Board goes through an Ordinance change, he wants to make sure Mr. Mellin could get through the permitting process.  He stated when the Board changes the Ordinance, it becomes very broad; and Mr. Mellin's situation is unique, but because of the permitting issue he cannot support the request at this time. 

 

Mr. Mellin acknowledged there may be some hoops he will have to jump through, but the property still has a working well and septic tank that has been taken care of over the years.  Commissioner Fisher inquired if Mr. Mellin's septic tank will fall under the Vested Rights category.  Mr. Mellin stated that is something he will have to address at the time.  Commissioner Fisher stated he would like to see those things addressed before the Board changes the Ordinance.

 

Commissioner Infantini stated the Board is asking Mr. Mellin to spend thousands of dollars to prove that he can permit something before he is even allowed to build; and if Mr. Mellin does not get the permission now, but jumps through all the hoops and is successful, then he still has to come back to the Board for approval.  She stated it is a violation of his rights not to approve his request because of a change in the Comprehensive Plan.

 

Commissioner Fisher stated there are going to be a lot of those kinds of violations because of the Comprehensive Plan change; and his point is that Mr. Mellin is probably going to spend the money, regardless.  He stated if Mr. Mellin is going to get a permit one way or the other, the Board can approve the Ordinance, he can spend the money and find out he cannot get a permit, and then the Board will have approved an Ordinance that affects a lot of people, and not just Mr. Mellin. 

 

Mr. Mellin stated his house was built in 1961; and even if it had burned down yesterday, he would still have to rebuild and meet the current Codes.  He stated the Code changed the requirement of the amount of land the house had been on; if he had two and a half acres there would not be any question about what he needs to do, or whether or not he had his homestead exemption; and his only problem is the lot size. 

 

Commissioner Fisher stated he is okay with Mr. Mellin rebuilding, but he wants Mr. Mellin to be able to get a permit to do it; and he is worried about changing the Ordinance and the other people that will come before the Board because of it.

 

Chairman Bolin stated she is in favor the request; going through the permitting process is going to be quite a hurdle for Mr. Mellin; and others who may come before the Board will have to go through the same process as Mr. Mellin, but at least the Board will be giving them a chance to try.

 

There being no further comments or objections, the Board adopted Ordinance No. 10-07, of the Brevard County Board of County Commissioners amending Section 62-507(d)(2) of the Code of Ordinances of Brevard County, Florida by clarifying the definition of an "Existing Single-Family Residence" qualified for Vested Rights; providing for automatic retroactive Vested Rights for newly qualified owners of single-family lots denied Vested Rights prior to enactment of this amendment; providing for severability; providing for an effective date. 

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Trudie Infantini, Mary Bolin, Andy Anderson

NAYS:                 Robin Fisher, Chuck Nelson

 

 

BOARD CONSIDERATION, RE:  REDUCTION OF FINE AND RELEASE OF CODE ENFORCEMENT LIEN FOR GLIMCHER MERRITT SQUARE, LLC

 

The Board adopted the Special Magistrate's recommendation to reduce the accrued fine for case 07-0025 from $50,000 to the reduced sum of $10,000; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment. 

 

 

Commissioner Infantini stated State Rule allows corporations to purchase a piece of property, then sell the corporation and the shares they are in, for a larger sum of money and not pass through the Property Appraiser's Office, but just recording a name change; and therefore, they can circumvent all of the doc stamps that would have been paid.  She stated she would like staff to help her write something to the State legislators in order to close up the loophole; and she stated the same thing happened with the Blue Crab Cove property. 

 

County Attorney Scott Knox advised he will prepare a letter to bring back to the Board.

 

Commissioner Fisher stated he is not sure he agrees with Commissioner Infantini; and stated anyone can put their house and name into a corporation if they want to, to avoid that scenario.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

ACKNOWLEDGE, RE:  ECONOMIC DEVELOPMENT COMMISSION OF FLORIDA’S SPACE COAST’S FISCAL YEAR 2008-2009 ANNUAL AUDIT

 

Commissioner Infantini stated she did some homework because she read an article in The Orlando Sentinel, in which their EDC (Economic Development Commission) had represented a certain number of jobs that were achieved through their efforts, but those numbers turned out to be erroneous; she asked the EDC to forward her a spreadsheet; and  the  spreadsheet  reflected that they  had  procured,  since 2007  through 2010, 831 jobs.  She stated when her staff began contacting some of the companies, it was discovered that some of them had not even broken ground yet; and when the EDC did its actual research it turned out that instead of 831 jobs since 2007, it was really just 195.  She stated she would like clarification and a presentation of the material by the EDC so that when statistics are presented to the Board, it is presented as the number of jobs that are actual functioning jobs that are filled and not just anticipated.

 

The Board acknowledged the Economic Development Commission of Florida's Space Coast's FY 08/09 Annual Audit prepared by Janes, Key & Dinho, P.A. 

 

 

Commissioner Fisher stated he received a call from the EDC of the Houston Bay area; Houston is also going to be greatly impacted by the retirement of the Space Shuttle program; and that area could lose 18,000 direct jobs after the Shuttle retires.  He noted the Houston Bay EDC is going to Washington, D.C. on March 24th and 25th to talk to the NASA budget office; he has been invited to go to Washington, D.C. with the Houston Bay EDC; stated he knows Commissioner Anderson is going to Washington, D.C. next week; and he thinks it would be a good idea for himself and Commissioner Anderson to go together.

 

Commissioner Anderson inquired if the Houston Bay EDC is taking their Chambers of Commerce to Washington, D.C. also.  Commissioner Fisher replied, the EDC is taking their Chambers of Commerce and a Commissioner; he is impressed by who they are going to be meeting with, such as the NASA budget office and the Appropriations Committee.

 

Chairman Bolin inquired since Commissioner Fisher will be traveling to Washington D.C. with the Houston Bay EDC, will he be able to pull in the people the Board already has in Washington to assist.  Commissioner Fisher replied, he is not scheduled to go to Washington, D.C.; he received an invitation to go on the 24th and 25th; but he has not gotten permission from the Board; and he is not sure if he can do it.  He stated he was hoping to be able to meet with Frank DiBello, as he received the same invitation; and his understanding is that Mr. DiBello may have a scheduling conflict.  He stated he does not want to interfere with what Commissioner Anderson is doing next week, but it seems like there would be a stronger force if Brevard County and Houston were going to Washington, D.C. at the same time. 

 

Commissioner Anderson stated Commissioner Fisher would have to coordinate with the EDC on the trip; he does not mind when he and Commissioner Fisher go to Washington; he agrees that it would be more  powerful if the  Board had known  about this a couple of weeks ago; there is a pre-briefing this afternoon at 3:00 p.m. for next week's trip to Washington; and he believes having Houston and Brevard County there will have much more of an impact. 

 

Chairman Bolin inquired if the Board could have some assistance from the County Manager's Office as far as coordinating upcoming events that the Commissioners are individually informed about, and getting that information to the other Commissioners so they are informed of everything that is going on.  County Manager Howard Tipton advised there would be no problem in doing that; and as long as staff knows information, it will be shared to the Board.

 

Commissioner Fisher stated the invitation came about by the Board's lobbyist, Eddie Pauley.  Commissioner Anderson stated the trip he is taking next week regards space and also DOD components with the Pentagon; and he cannot take back-to-back trips to Washington, D.C., but he does not know if something can be coordinated with the EDC and at least one other Commissioner to go to Washington.

 

Commissioner Fisher stated he would like to have permission from the Board to travel to Washington, D.C., if he can arrange it in his calendar.

 

Chairman Bolin stated she believes the Board has an open statement that Commissioners are permitted to travel for space related issues.  Commissioner Nelson stated a few years ago the Board authorized travel for County Commissioners on issues related to space, as well as to the Legislature in Tallahassee; and suggested the Board make a new motion for travel.

 

 

 

Chairman Bolin stated she would like Mr. Tipton to find out if representatives from Alabama will be traveling to Washington, D.C. along with Houston and Brevard County.  Mr. Tipton stated staff will research that, share the information, and then coordinate with the EDC and Commissioner Fisher's Office. 

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

STAFF DIRECTION, RE:  ANONYMOUS VS NAMED CODE ENFORCEMENT COMPLAINTS

 

Robin Sobrino, Planning and Development Director, advised the 90-day trial period has expired for taking only anonymous complaints in Districts 1 and 2, and continuing to take named complaints from Districts 3, 4, and 5.  She noted staff was asked to compare with a 90-day period from one year ago; the Board will notice there has been an up-tick in the number of Code Enforcement complaints that have been received in the past three-month period versus the previous three-month period one year ago; and she does not believe it has any relationship to the policy, but rather it has to do with the economic times and perhaps there is more Code Enforcement issues with foreclosures.  She stated staff found that there is a small percentage  of individuals  who chose to  withdraw their complaint when they found out that they had to leave a name; but for the most part it seemed that there were a significant number of people who were willing to leave their name.

 

Reverend Earl Medlen stated people in the United States have a constitutional right to face our accusers; if someone accuses him, then he wants to know about it; if the Board is not going to keep the policy of not receiving any anonymous complaints, then that needs to be a countywide policy; and if the Board is not going to do that, then he wants the names and addresses of each Commissioner so that he can file an anonymous complaints against them all day long since there are no repercussions for somebody filing a false report.  He noted it has been stated that approximately 95 percent of anonymous complaints are unfounded, but yet the person who files the anonymous complaints wastes County resources, but there are no consequences for them.  He stated the Board needs to make it a policy that there be no anonymous complaints; if a false police report is filed it is a felony; and false Code Enforcement complaints should be as well.  He stated the Board should prosecute the people who are wasting the resources, and leave everyone else alone.

 

Commissioner Nelson stated Reverend Medlen mentioned a number that he does not think exists; Reverend Medlen made a comment about 95 percent of anonymous complaints being unfounded; and that number does not exist because staff has not given out that number.  Ms. Sobrino advised Commissioner Nelson is correct; staff has not been able to ascertain that number; however, one would think instinctively that since Code Enforcement Manager Bobby Bowen handles Code Enforcement complaints all the time, that he would have some gut feeling as to whether that seems to be an appropriate generalization; and Mr. Bowen cannot make that statement, but he would like to do research so that he would be able to verify what that number might be.  She noted it seems there is a problem with chronic Code Enforcement complaints, which was discussed at the last meeting where an individual is all too willing to leave her name on a regular basis; and there does not seem to be any consistency in that. 

 

Commissioner Nelson stated he knows in law enforcement there are programs in which people can give information anonymously to protect the citizen that is providing that information; it is a mis-statement to say that in law enforcement there is not the ability to give anonymous information, because there is; and there are programs in which people can actually get an award for doing that.  He stated there are some neighborhoods in his District that are tougher than other neighborhoods; those citizens have a right to be able to call in complaints and not be worried about whether or not their house is going to get burned down; and he thinks the Board needs to keep that in mind.

 

Commissioner Anderson stated the difference with the law enforcement comparison made my Commissioner Nelson is that those are actually criminal complaints against violent offenders; most times, criminal complaints cannot be filed unless there is an accuser who is willing to testify in court; and even though there is a Crimeline, it is reserved for a very small portion of very serious offenses, with the investigators investigating probable cause and witnesses to testify against that individual; and that is for criminal complaints, not Code complaints. 

 

John Phillips expressed appreciation to County Manager Howard Tipton for allowing some Code Enforcement victims to air their concerns.  He stated he was under the impression that there was no action taken on Code Enforcement since the Board’s Code Enforcement Workshop.  He stated people need to know who complains about them, as it helps to understand what the problems are in the neighborhood; he has had three complaints filed about him, and all three were unfounded; and he would like to know why that person is doing what they are doing, and why is Code Enforcement not going after the other people.  He stated he knows the Board used to have a policy that if anyone complained, they would have to be within 1,000 feet of what they perceived to be a violation.  He stated there is no such thing as an anonymous complaint because he knows of an anonymous complaint that no action has been taken on; and that person still currently has a violation. 

 

Jerry Brinegar distributed letters to the Board from people who have complaints against them.  He said it looks to him like the citizens are the head of the County; the citizens are going to speak out against anonymous Code Enforcement complaints; and he does not know of any citizens that are present who are in favor of it. 

 

James Sondet stated when ordinary living puts one in a position where they are in violation of the law, there is either something wrong with the law or something wrong.  He stated Brevard County Code Enforcement has become very abusive; Code Enforcement limits people’s ability to earn a living; he is referring to licensing; people should be able to go to the County and get a license; and these things need to be looked at.  He stated he was in a meeting with Commissioner Anderson and it was Office of Natural Resources Director Ernie Brown who said that 95 percent of the complaints are neighborhood vendettas against one another; what the Board is being asked to vote on would be one small step in trying to improve things; the Board held a Code Enforcement Workshop; and the only thing to come out of that Workshop was anonymous versus named Code Enforcement complaints.  He stated there were other issues addressed in the Workshop that staff was supposed to look at and report back to the Board; but nothing has been heard about those issues; and he is requesting the Board not allow people to place anonymous complaints. 

 

Nikki Lally stated Brevard County needs to completely overhaul the Code Enforcement Department; the number one step should be to stop accepting all anonymous complaints and calls; per the 6th Amendment of the United States Constitution, citizens have the right to face their accusers; per the clauses of the 5th and 14th Amendments, citizens have the right of due process; due process is the principle that the government must respect all of the legal rights that are owed to a person; and due process holds that the government is subservient to the law of the land protecting the individual person.  She noted it is also stated that the government shall not be unfair to the people; and this is explicitly guaranteed under procedural rights, under the Bill of Rights, and specifically under the 14th Amendment.  She stated she has one neighbor who is on record for calling Code Enforcement seven days apart; and inquired how many other calls are like that.  She stated she is sure there are other neighbors out there with a grudge; and as other speakers have mentioned, it is against the law to make a false report or to make a false call to 9-1-1.  She stated the Florida Constitution, Section VIIII states, "No person shall be deprived of life, liberty, or property without due process of law, or be twice put in jeopardy for the same offense."  She stated neighbors are calling against neighbors, with nothing better to do; no further discussion is needed on the subject; if the Board makes its decision based on the Florida Constitution and the United States Constitution, then it will have the answer; citizens have the right; and there should not be any anonymous calls or complaints accepted.  She asked the Board to treat the citizens of Brevard County the way they want to be treated.

 

Gordon Maahs stated he has two neighbors that are females; they are both elderly; and they both work.  He noted he is disabled with multiple medical problems; he is also gay; and his neighbors do not like that about him, and they have told him to get out of the neighborhood.  He stated he has been threatened to be burned out of his home by one of his neighbors' grandchildren, who is a convicted felon, but who has more rights than he does.  He stated his other neighbor has a daughter who is an alcoholic; the daughter depends on her mother; the mother has to deal with her daughter and her boyfriend; and they have nothing better to do than to watch him through his windows and look in his backyard to see what he is doing.  He stated his neighbors have called law enforcement on him for singing to his dogs, singing in his house, and walking down the street; he does not have air conditioning, so his windows are open; and last year, the police were at his house more than 24 times.  He stated his neighbors are harassing him and using Code Enforcement as a tool to use against him.  He stated he had a building in his backyard that he tore down over the weekend, which brought him up to Code, but now he is looking at a $350 fine plus $25 per day since March 1st; and that is $550 from someone who is on disability and only makes $1,200 per month.  He stated it is unfair for his neighbors to report him to Code Enforcement just because he does not fit their bible status; but they do not know the bible; and if they say they do, then they are lying, because they are hypocrites.  He stated he is not afraid to call Code Enforcement, or any other law enforcement agency, and leave his name; he knows what his rights are; but his neighbors have stomped all over him over the last five years; and he is tired of it.  He stated the police have stopped coming to his house, but Code Enforcement is there every week; and he would like the Board to accept named complaints only.

 

Commissioner Anderson inquired, when Mr. Maahs came to his office, how many of his neighbors came with him who were in support of him.  Mr. Maahs replied he had 17 neighbors with him who support him.  Commissioner Nelson inquired if the two neighbors who repeatedly report Mr. Maahs to Code Enforcement left their names.  Commissioner Anderson stated he does not know if there was a Code Enforcement complaint after the meeting with Mr. Maahs; and he would have to go back and research that. 

 

Commissioner Fisher stated at a previous meeting the Board revised unfounded claims; and inquired what exactly that means.  Assistant County Manager Mel Scott stated it is a policy staff is implementing today.  Commissioner Fisher asked Mr. Scott to explain that policy.  Mr. Scott stated whether someone is named or anonymous, if they call Code Enforcement more than two times in any calendar year, and if the complaint is unfounded, Code Enforcement will only go out two times; and if Code Enforcement is called for the same complaint on a property for a third time, Code Enforcement will not be dispatched to that property.  He  stated if  there are repeat  visits occurring, he  would assume those are follow-ups to a violation that has been identified; but Code Enforcement is no longer visiting properties with unfounded complaints multiple times. 

 

Cynthia Call stated she is disabled and lives with Mr. Maahs; and they try to help each other  and take  care of  each other.   She stated the two ladies who  live on  their  street have hateful attitudes toward anyone they do not like, including herself and Mr. Maahs, because she lives with Mr. Maahs; and the ladies yell obscene things and cause problem.  She stated she does not believe anonymous calls should be accepted by Code Enforcement; the ladies who complain about her and Mr. Maahs take pictures of them, they look at them through binoculars, and they call Code Enforcement constantly about everyone on the street; but there is one home with a water heater in the front yard; and the ladies do not report that.  She stated the ladies have tried to use Code Enforcement to punish her and Mr. Maahs because they do not like Mr. Maahs's lifestyle; and they do not like people who are friends with Mr. Maahs. 

 

Ken Germane stated he is a retired public official from Ohio; he spent five years on the Building and Zoning Board; he spent eight years as an elected city councilman; and he is not in politics today because he ran for mayor and lost.  He stated when he was on the Building and Zoning Board he drove down his street; he lives on the end of a street of approximately 40 houses; and he would drive down the street noticing Code violations.  He stated he had a Code violation at his house as well; every house has a Code violation if someone wants to dig deep enough; and he is sure he can go to each Commissioner's houses and find a Code violation.  He noted he never turned in his neighbors, because that is not the way he does business; if everyone is getting along, then things should be left alone; and unless it is something very drastic, then he is not going to report it.    He stated the situation he has in Florida is that he has inherited a house from his father who passed away in 2008; his neighbor across the street has called Code Enforcement on him twice; Code Enforcement came to his property in 2005 and made his dad put up a fence around the pool; at the time, his dad was 86 years old; and he passed away at the age of 90.  He stated he called the County Building Department and spoke to someone; after five years of being on the Building and Zoning Board in Ohio, he knows something about it; his city in Ohio was the second fastest growing city in the state; and he has had a lot of experience with builders and developers and contractors.  He stated when he called the Building Department a couple of weeks ago, he told them the property has a six-foot fence all the way around the entire property; there are gates at the driveway; one of the gates is permanently locked, and the other is temporarily locked so that the meter reader can get in and out; he inquired to the Building Department why his dad had to put a fence around the pool when the entire property is fenced; and he was told he did not need a fence around the pool if there was a fence all the way around the property.  He stated the second time Code Enforcement came to his property, his dad was in the hospital on life support; one violation was that his riding lawn mower was parked on his patio; and he does not know how that is a violation, but he was told he had to move it.  He stated at the time, he was in Cleveland, and he had to pay someone to go to the house and move the lawn mower; he believes it is the neighbors across the street that are making the calls; also across the street from him is an empty lot; there used to be a house on the lot in which the owner has a business on SR 192, and he had bought the run-down house for investment purposes;  the  owner  was getting  complaints from the other  neighbor;  and that  owner decided to tear the house down to end the complaints.  He stated even though the owner tore the house down, he is still getting complaints; and now the complainant calls Code Enforcement to report that the grass needs cut.  He stated he would like to see complainants  leave  their  names  when  they  call  Code  Enforcement;  he  sees  Code violations all the time; and he will be willing to leave his name.  He stated he is hoping his Commissioner will call him back, as he has left two messages.

 

Commissioner Fisher inquired if the County, or State, has a whistle blower program, allowing people to anonymously report a County employee if they are doing something wrong.  Commissioner Infantini stated in August 2009 the County put a link on its website for employees to be able to make anonymous complaints; on the Clerk of Courts website, there is a way for people to contact them anonymously, but it is not well publicized. 

 

Assistant County Manager Stockton Whitten stated on the County's website there is also a link for suggestions or complaints.  Commissioner Fisher stated he thought the State of Florida had a whistle blower type of thing where people could call in and report activities or misconduct by State employees; he knows the Federal government has such a thing; and he does not know how the Federal government is getting around the constitutional issue.  He stated the Board helped the problem by implementing the plan that if there are two calls that are unfounded, then Code Enforcement will no longer be sent out, but there are some people that are combative to their neighbors when these calls come in; he has seen that attitude with some of the FACEOFF people he has met in his office; and he has a concern with the people who just want to see their neighbor keep up their property.

 

Chairman Bolin stated she has a policy in her office that people have to state their name; but she is also sensitive to the different Commissioners and their Districts; and for discussion sake, she thought the Board could just continue on with the decision made by the individual Commissioner on whether they would like that or not, than to force the entire Board to make a decision one way or another.

 

Commissioner Nelson stated it is interesting that people want to know the names of their accusers; and he would question for what purpose they would want to know the names of their accusers.  He stated there are cities in the County that have proactive code enforcement; there are code enforcement officers driving around looking for violations; it is not an issue of anonymous or named complaints; but there are actually people driving around looking for violations; and the County is reactive, in that Code Enforcement waits for a call to come in before going out to investigate.  He stated he compared the number of calls in District 2 during this trial period; District 2 had 147 different calls; in Districts 3, 4, and 5 there were 121 calls; District 2 alone was greater than three Commission Districts; and Commissioner Fisher will find that he had approximately the same amount of calls as District 2.  He stated there are some neighborhoods in District 2 that are not very resident-friendly; there are some tough neighborhoods in District 2 that people, particularly the elderly, are dealing with these kinds of issues; and a lot of people do not call his office, but the one's that do are often frightened.  He stated an elderly woman from a West Cocoa neighborhood called his office; she would not give him her name, although  he told her he could not get back to her if she  did  not give him  her  name; but she was afraid to give her name; and inquired if that means her concern is not valid just because she will not give her name.  He stated it is up to the Board to determine if a complaint is valid; if it is unfounded, the Board has created a mechanism so that one neighbor cannot abuse another  neighbor; but the truth is,  if someone gives their  name, they could still abuse their neighbor; and so there is no difference between anonymous versus named.  He stated it is another tool the Board has; he does not see that it is being used for ill any greater than by giving your name has been used for ill; and he thinks the Commissioners will find it is pretty much the same.  He stated he was concerned to hear one of the speakers say that 95 percent of Code Enforcement complaints are unfounded; and that is absolutely not true.  He stated if the Board wants to proceed with letting the two districts continue to take anonymous calls, he has not gotten any calls saying he should not take those calls, other than from the speakers who are here today; and none of those people are in his District.  He noted he has gotten more support for continuing the anonymous calls than he has for not continuing the anonymous calls; it would be his preference to allow anonymous calls countywide; but if the choice is to allow certain Commission Districts to do it differently, then he would be okay with that too.

 

Commissioner Infantini stated regarding the anonymous calls, her office accepts anonymous calls; and her staff screens the calls and determines whether or not there is a safety issue.  She stated recently she had a call regarding a pool enclosure; her staff drove to the house and saw that the pool enclosure was not properly secured; rather than contacting Code Enforcement, her staff called the homeowner, who was thankful; one week later the homeowner called to say that the pool enclosure was secured; her staff drove back to the house saw that it was secured; and the problem was solved.  She stated her office receives other calls in which people are told their calls will not be forwarded to Code Enforcement, because she does not see the complaint as a safety issue; in these economic times, she is not going to get concerned over someone's lawn being a little high; and she would like to keep the policy.  She stated Mr. Scott mentioned two unfounded calls for the same complaint; and inquired what happens if it is just a named caller with different issues.  She stated it was her understanding that the policy was two unfounded complaints, regardless if it was the same issue or a different issue; and inquired if it is in writing anywhere, but she would like to have it approved by the Board so it can be given to citizens.

 

Mr. Scott advised, staff will be providing the Commissioners with something in writing to be able to give to the public; and stated Mr. Bowen will address the question about multiple issues on the same property that are unfounded.

 

Bobby Bowen, Code Enforcement Manager, stated if a complaint is unfounded, regardless of if it is multiple issues, staff will flag the property to ensure that officers do not respond again. 

 

Commissioner Anderson stated there is a way around the unfounded issue; it has happened in his District, whereas today he can call his neighbor about his lawn, tomorrow he calls his neighbor about a bath tub, and if there are 10 different complaints, he splits them up as 10 different issues; his office has received calls like that.  He stated that can be an issue, and that is how the Board can get  into trouble  with the  unfounded issue; and inquired when does it become harassment.  He stated Commissioner Infantini mentioned the hazard with pools; and when he went with Code Enforcement Officer Mark Harold one year ago, he was told that those legitimate health and safety issues,  such as a freezer in someone's driveway that a  child  can crawl into, that Code Enforcement is proactive on those issues because those are legitimate health and safety concerns.  He stated the citizens of Florida are fortunate where there is open government, sunshine laws, and open public record laws, which only enhance the ability for the residents of the State of Florida to get the information they need for whatever use they need; not all states do that; sunshine in government is a big thing to him; if someone wants to be involved in government and be part of the system by reporting a violation that is not a health and safety violation, then that person needs to live with the consequences that Florida has open government and their name will be on record somewhere; and the only exception is severe criminal infractions.  He noted, the Crimeline started out as a private corporation.  He stated he does not support anonymous complaints based on a basic principle, which is that as a Veteran there are a lot of principle rights that they carry with them about the constitution and founding principles that for whatever reason, this country has gotten away from; and the countries that promote neighbors complaining against neighbors in an anonymous fashion have resulted in terrible things in the last century.  He noted Stalin and Hitler encouraged anonymous complaints; he is not saying the United States is doing the same thing, but where is the line drawn; and stated he is drawing the line.  He stated if someone wants to be a good neighbor they should go help the neighbors that have issues; if his elderly neighbors cannot mow their lawn, either he or his son will mow it for them; that is what the country needs to get back to, and not just using the government to retaliate against a neighbor that someone does not like; and his preference is for a countywide policy that no anonymous complaints be accepted, with the exception of health and safety.

 

Commissioner Nelson stated it is not an issue of founded or unfounded complaints; the Board is discussing anonymous versus named calls; and inquired, if there is not difference in terms of the outcome of those, in terms of percentages, then why does it matter.  He stated someone can abuse someone else just as easily by giving their name, as they can by being anonymous; the Board has addressed that issue; what he does not want on his conscience is for someone to get beat up because he made them give their name to be able to file a complaint; and he believes that should be a choice given to the citizens.  He stated he has an email where someone had their tires slashed; those kinds of things do go on; it is unfair to place the citizens in that kind of position; and he is not going to jeopardize the safety of his citizens just for the purpose of taking a name, because no one has explained to him what the benefit of giving that name is, other than some level of retribution somehow.  He stated he appreciates where Commissioner Anderson stands on the issue, but in his District anonymous complaints have worked and has not been an issue; and he would like to see it continue. 

 

Chairman Bolin passed the gavel to Vice Chairman Fisher.

 

A  motion and  a second was made to approve allowing each Commission District to accept or not accept anonymous Code Enforcement complaints.

 

 

Commissioner Nelson stated he would like for the anonymous complaints from his District go through the Code Enforcement; right now, the way it is structured, is that his office  takes the  calls  and  then  forwards  them  to  Code  Enforcement;  and that is  an unnatural level of bureaucracy.  He stated Code Enforcement gets the calls anyway; it does not make any sense for his office to take the calls, just to forward them to Code Enforcement; and it would be only for District 2 complaints.  He stated Mr. Bowen is supportive of that, because it would actually reduce the workload on Code Enforcement.

 

A motion and second was made to approve allowing each Commission District to accept for not accept anonymous Code Enforcement complaints; and to direct Code Enforcement to directly accept any complaints from District 2.

 

 

Commissioner Anderson stated he is not going to support the motion, because the last time the Board did this, it became a political volleyball for some Commissioners, or others, to tell people in his District that he just wants his constituents to get beat up; and he believes the policy should be countywide.  He stated he is preached to all the time that he is supposed to serve all of the County; and he will not support the motion.

 

Commissioner Infantini stated she also supports a countywide policy; most of the speakers present are not from her District; she believes it has worked well in her District to not accept anonymous complaints; and she will not support the motion.

 

Commissioner Fisher inquired if someone from District 5 calls District 2 to place an anonymous complaint, how will that work.  Commission Anderson stated people who have a complaint in District 5 will need to call his office.

 

Vice Chairman Fisher called for a vote on the motion, as stated. 

 

Vice Chairman Fisher passed the gavel back to Chairman Bolin.

 

MOVER:             Mary Bolin, Chairman / Commissioner District 4

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Robin Fisher, Chuck Nelson, Mary Bolin

NAYS:                 Trudie Infantini, Andy Anderson

 

 

APPROVAL, RE:  AGREEMENT WITH THE PROPERTY APPRAISER FOR DEVELOPMENT AND MAINTENANCE OF AN EXPANDED USE CODE FOR NON-AD VALOREM ASSESSMENTS

 

The Board executed a three-year Agreement with the Property Appraiser for development and maintenance of an Expanded Use Code for Non-Ad Valorem Assessments.

 

 

Commissioner Anderson inquired how the $496,000 is justified by the Property Appraiser's Office, or how is it administered.

 

Stockton Whitten, Assistant County Manager, advised it is an entire process beginning with field work by the Property Appraiser's Office, all the way through certification of these various non-ad valorem assessment rolls; the ultimate justification, or performance measurement, is that they are maintaining and updating the Use Codes; and each year prior to September 15th, the Property Appraiser's Office is actually certifying that it is a valid, up-to-date, roll. 

 

Commissioner Anderson stated he is assuming the Property Appraiser's Office is basing the figure on the number of man hours it would take them do the work that is required.  Mr. Whitten stated the number of inspectors total up to nine.

 

Commissioner Anderson stated he has a lingering feeling that this is just a way to supplement the Property Appraiser's budget year to year.  Mr. Whitten noted it is a three-year Agreement, capped at $496,000 annually; to a certain extent, it is supplementing the Property Appraiser's staff positions, because these positions are in the field, they are going by these properties as a part of their normal duties; and in addition to that, they are also maintaining the information that the County needs for the non-ad valorem assessment programs.

 

Commissioner Anderson stated he is fine with it because it is a three-year Agreement; and that is why he seconded the motion; but it seems like the person out in the field is doing other duties other than just this.

 

Commissioner Fisher stated one thing that was brought to his attention was that he asked Mr. Whitten what was the price per account; in Jacksonville, the price per account is $1.78; in Brevard County is $.74; the Board is saving $1.00 per account compared to what some other communities are doing; and that indicated to him that Brevard was being treated fairly.

 

Chairman Bolin called for a vote on the motion, as stated. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

CONTRACT FOR SALE AND PURCHASE WITH PETROLEUM RESOURCES AND DEVELOPMENT, INC., RE:  SPACEPORT COMMERCE PARK

 

Gary Clifford stated he is the President and CEO of Sun Electronic Systems, located in the industrial park in Titusville; and his company employs approximately a dozen high-tech jobs.  He stated from the data he has been given, there is a proposed business that does not meet the deed restrictions of the industrial park; and the deed restrictions in the industrial park are for high-tech businesses, with a two and a half acre minimum lot size.  He stated his company has been in the industrial park for 15 years; there has been a need in the north end of the County for more high-tech industrial businesses to come in; the north end of the County has all of its eggs in one basket at Cape Canaveral; and now it looks like a lot of high-tech jobs will be lost.  He stated currently, there is a move to remove the high-tech deed restrictions that were in the industrial park when he purchased his property in the park; a big factor in his decision to come into the industrial park was the fact that it was built by the taxpayers of Brevard County; and he was given deed restrictions that stated the park would remain a high-tech industrial park.  He stated there are  people at the  Cape  that are going to be  looking for employment  at high-tech jobs; in looking at the Titusville area and what has happened to it in the last 15 years, the area is much worse off today than it was 15 years ago; there is a lot less private industry in the area than there was 15 years ago; and it is not because of the deed restrictions of the industrial park being too hard; but he thinks the reason is because of the EDC not doing its job of going out and marketing aggressively to get other companies in.   He stated in his business, he had to market his product; he has competitors; and he sells over $500,000 to China every year.  He stated the EDC has to go out and market property; the EDC needs to also go to tradeshows, put ads in magazines, get targeted lists; and the most important thing the EDC has to do is treat their customers properly once it does get a customer.  He stated with his company fighting with the City of Titusville, and now the County, to maintain the quality of the park and to provide the types of jobs that Brevard County needs; and it is a constant battle with business such as charter schools and daycare centers coming into the park.  He noted, eight to 10 years ago, he went through the same process when Commissioner Fisher was on the City Council and Walt Johnson was pushing to get rid of the deed restrictions, which they said would solve the jobs problem; and what the jobs problem needs is for the local government to insist to get some kind of reasonable return on their investment for the EDC to go out and actually do something.  He stated his wife has been working for five years to try to help bring in businesses to the park; there was no sign in the park that advertised if certain properties were for sale; and his wife worked with the previous Commissioner and had signs made.  He stated the proposed business, Petroleum Resources and Development, Inc., does not meet the deed restrictions; the deed restrictions are still in place; and he would like to ask the Board to vote no.

 

Veronica Clifford stated she lives in unincorporated Brevard County; her business is located in the City of Titusville; she is currently the Board's appointment to the Spaceport Commerce Park Authority; and she is also the Board's appointment to the TICO Airport Authority.  She stated she is requesting that the Board deny the sale to Petroleum Resources and Development, Inc. (PR&D); she has listed a number of reasons for a denial, such as a lack of information on the company; and as of today, she still cannot find the company's location in Volusia County.  She stated PR&D's use is very questionable; PR&D cleans up chemicals and petroleum from the groundwater and soil; the Agenda Report also states that PR&D are construction industry-based; and she does not believe PR&D's use meets the deed restrictions.  She stated there is not enough information on the company; the company is licensed as a contractor out of Orange County, yet it is out of Volusia County.  She stated another problem she has with PR&D's request is the price per acre; in 2006, Spaceport brought a company before the Board who wanted to increase the price from $30,000 per acre to $45,000 per acre; the Board had given direction that based on the fact that the company was light high-tech the price was reasonable; and she had to sit through that entire meeting to ask the Board to please leave the price at $30,000; but the Board's direction was to get appraisals, then adjust the price, which is where they came up with the $45,000 per acre that they were supposed to sell at.  She stated at the meeting of the Spaceport Commerce Park, she mentioned several times the price per acre was $25,000, which is in the minutes;  and the  most  recent sale to the  TICO Airport,  which  was the 52 acres was for $30,00 as well and was a much larger acreage.  She stated she has tried to contact everyone in the industrial park to make them aware that there are going to be changes to the deed restrictions that will be coming to the  Board for a  vote; the  current deed restrictions state what the uses are, the current lot size, yet a decision is being made on PR&D before those changes are done; and she cannot not see how that would be correct to do that.  She stated she has provided the Board with a letter; she tried to include as many facts as possible; there were many things she was not able to provide to the Board; and one thing was the fact that all these issues in regards to the deed changes, there are a lot of companies that tell her they will not be able to stay in the Park because of the deed restrictions.  She stated there is a company that actually put it in writing that states, "Our company is a small business, we employ 10 people, we have been here since 2004, and we see there is a lot of potential in this area.  Since our business is not dedicated to the Spaceport, or we have the ability to move and locate anywhere within the State, as I have discussed with you, my concerns with this area are several; however, it can be narrowed down to two large uses.  What does the City want to do with the business part, and will they bring the type of business that attract other businesses to locate here.  The concerns I have will be a factor in where to relocate."  Ms. Clifford stated if the Board approves PR&D, and if it continues with the changes to the deed restrictions, it is going to do the reverse of what it wants, and a lot of businesses are going to relocate.

 

Commissioner Fisher inquired if Ken Richard, of Petroleum Resources & Development, Inc., could address some of Ms. Clifford's concerns.

 

Ken Richard advised Petroleum Resources & Development cleans up petroleum and chemicals that have leaked or spilled into the ground; there are several different processes; one is the construction aspect, where the petroleum is dug up and hauled to a landfill or incinerator; the other aspect is cleaning it up in situ in the ground; right now, at Launch Complex 34, PR&D is cleaning up a facility that has chemicals that leaked into the ground; and the chemicals are heavier than water, so they sink through the water, leaving some of that chemical in the water.  He stated PR&D pumps the water and the chemical out, separate the phases of it, and then they have to treat the water that has been contaminated with the chemicals; it is then run through several different machines that strip out the chemicals and put it into a vapor phase; then that vapor phase of the contaminates are run through a scrubber and oxidizer to destroy it; and all of that process involved machines that the company has to maintain and keep running properly in order for them to meet the proper ph's and the proper discharge levels for the State.  He noted his company also does the same thing for gas stations when there are leaking tanks.

 

Commissioner Fisher stated the industrial park was purchased in the early 1980's; it was taken off of the tax roll; and the concept was that it was going to be a research park and it was going to attract businesses; but it has been a failure, and the County would have been better not buying it and keeping it on the tax roll.  He stated he believes part of the reason for the failure has been the deed restrictions that have been on the property; for example, a spec building is not allowed to be built in the park; one of the reasons he believes the north end of the County is at a disadvantage versus the south end of the County is that a lot of times,  when  new  businesses try  to  locate, they  are  looking  for buildings that are already in existence so they do not have to go through the permitting process; and over the last 25 to 30 years, it has been very difficult to make the park turn out to be a  successful   investment   for   the   County.   He   stated   every   time   some businesses try to relocate in the park, there always seems to be some type of opposition; and Mr. Richard is trying to locate in the park, which will bring jobs and create a tax base, but all of a sudden there is an issue.  He stated he has a concern with the deed restrictions; although Ms. Clifford is his appointment to the Spaceport Commerce Park Authority, he disagrees with her position; the vote by the Authority was 5:1, with Ms. Clifford being the only one not in favor; and he thinks the restrictions are too tight.  He stated he can assure the Board that the industrial park has not turned out to be a huge investment for the County; he had someone approach him the other day about giving the land away, and letting someone do the engineering, just to attract businesses; and that may be something the Board would want to look at, because the County is not getting any tax on it as it is right now.  He stated he is greatly in favor of the sale of the property; he is in favor of changing the deed restrictions; and he is in favor of making the park into something that businesses want to locate to in the north end of the County.

 

A motion and a second was made to enter into a Contract for Sale and Purchase for an approximate 4.74-acre parcel in the County owned Industrial Park to Petroleum Resources and Development, Inc. for $118,500, for the purpose of Petroleum Resources and Development, Inc. consolidating its two locations to the Industrial Park, which will bring 15 jobs immediately to Brevard County and create an additional 15 jobs over five years. 

 

 

Commissioner Infantini stated she will not be supporting the motion because if she bought commercial or residential property in any deed restricted community, she would have bought it subject to those deed restrictions; in order to change the deed restrictions, it is her personal belief that one should have to get the unanimous support of all those occupants that are currently residing on that property; and she does not think it is a fair thing to do, to have the County come in and change the rules mid-stream because something is not working, if one bought without compensation.  She stated if the County wants to compensate the folks that are in existence, then that is fine; but the occupants paid a premium price; and she considers the request inconsistent with the neighborhood.  She stated the occupants bought the property subject to the deed restrictions; and to change the rules now does not seem like something the Board should have authority over.

 

Commissioner Nelson inquired if Mr. Richard could resolve the issue of where is company is based.  Mr. Richard replied, PR&D is a small business; his partner lived in Orange County at the time they started the business; the business was started under his partner's address; since then, they have relocated the facility to Volusia County, on 20 acres of property that he owns, which is where the business is actually running out of; and he also has an office on Merritt Island.

 

Commissioner Nelson inquired what happens if the property is later sold; and inquired what restrictions are placed on the property at that point.   Stockton  Whitten, Assistant County Manager, replied, all the properties have to be in compliance with the use restrictions; to clarify, Mr. Richard is buying under the existing covenants; and he will read for the Board what those are, because it is very broad.  He read, "The use policy for the property within the Gateway Center Industrial Park shall be for light, high-technology industrial and related commercial and office operations, where such exhibit only those operational characteristics having low nuisance values with respect to dust, smoke, odors, gases, noise, fumes, heat, vibration, and other traits associated with light, high-technology industrial or related commercial and office operations."  He stated that is the broad covenant regarding use; it is a matter of debate as to whether or not an occupant complies under that very broad definition.  He noted this particular sale would be contemplated under that existing definition; all other sales would be under whatever the covenants are at the time of the sale.

 

Commissioner Nelson inquired if the Authority has made the determination that the believe it falls within the parameters of the covenants.  Commissioner Fisher responded, it was a 5:1 vote by the Authority.  Commissioner Nelson stated he would agree with Ms. Clifford that he wishes the charter school and other uses had not gone into the park; but at least PR& D is in the appropriate neighborhood for the kinds of things that should be considered in the park.  He stated when looking at what the Board has tried to do in encouraging jobs in Brevard County, this would be consistent with that; and that is why he is supporting the motion.

 

Commissioner Anderson inquired if all of PR&D's activity is done offsite, such as the Launch Complex 34, and the oxidizer and scrubbers are offsite; with Mr. Richard responding affirmatively.  Commissioner Anderson stated none of PR&D's activities would violate the covenants are even done at the property in the Industrial Park.  Mr. Richard replied, all of the clean-up equipment is onsite.  Commissioner Anderson stated as long as the Board is not being asked to change the covenants he is in favor of the purchase.

 

Commissioner Fisher stated it is about jobs.

 

Chairman Bolin called for a vote on the motion, as stated. 

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Chuck Nelson, Commissioner District 2

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

NAYS:                 Trudie Infantini

 

 

INSTALLATION, RE:  SPACE COAST AREA TRANSIT BUS STOP AT OR NEAR RIOMAR DRIVE AND BARNES BOULEVARD

 

James Liesenfelt, Transit Services Director, advised he spoke to Ms. Phillips yesterday, who is present to request the Board extend bus service to the Riomar Drive and Barnes Boulevard area; it would put the bus stop near Barnes Boulevard and U.S. 1 in the area of the railroad track; and currently, there is not a fixed bus route service to that area.

 

Alicia Phillips stated she resides in Titusville, but she works in the area of Rockledge at the new location of 4050 Riomar Drive.  She noted she represents Brevard Family Partnership, which is the privatized agency for DCF and it oversees case management of over 700 families in the County; the Partnership provides services for Healthy Start, Center for Drug Free Living, and the Women's Center, all housed within this one location; and the clients the Partnership serves need a little assistance in getting to the facility.  She stated currently there are 200 families within the central area that the Partnership provides visitation services for; the Partnership also provides transportation to and from court hearings for families; and the Partnership also has families from the north and south areas that utilize the central location in Rockledge for visitation.  She stated it is a court order that a parent visits their child when they have been removed; and the Partnership wants to be able to provide them a service in which they can be dropped off at the facility, or close to it, and be within walking distance.  She noted the case managers pick up children from all areas of the County, from the north area to the south area to this one location; in order for the families to maintain their bonds with their children, a bus stop needs to be provided close to the new location of the Brevard Family Partnership.

 

Commissioner Infantini inquired of the cost for providing the requested service, and what is the comparison of providing the additional service with the cost of providing it on Malabar Road, where she asked to have just one bus stop.

 

Mr. Liesenfelt advised, there would not be an additional cost unless a bus was added; if SCAT deviated the routes that now serve that area, it would be the same cost as Malabar Road, in which SCAT would take a route that serves Fiske Boulevard every hour; and it would take service from every hour to every hour and a half.  He stated there would not be an operational cost, but it would take service away from other parts of the County where people are getting bus service every hour.

 

Commissioner Infantini inquired why she cannot have a bus stop added on Malabar Road, but one can be added for Riomar Drive and Barnes Boulevard; and stated she is missing the logic. 

 

Chairman Bolin noted the Citizen Request is a suggestion; and the Board is not saying it will add the bus stop. 

 

Mr. Liesenfelt stated when doing the fixed routes, SCAT tries to serve as many people as possible with the amount of buses available; the area in Rockledge is a technical versus a value judgment; technically, it would not get a lot of ridership, and there might be some loss in the current riders; on the value side, some bus services are run where there may not be as much ridership, but it is a value judgment by wanting to serve as many people as possible.  He stated it was the same situation with Malabar and West Melbourne, in that staff figured if those areas are served, the bus service would have to be lessened or made worse, or take away from other areas that would affect the ridership more than the new ridership in the new areas.

 

Commissioner Infantini inquired if that was based on some type of study or analysis, or is it just intuition; she is looking for some hard facts because if the Board is going to change one, she feels the facts and circumstances surrounding the other situation in Malabar also justify looking into it.

 

Mr. Liesenfelt stated it is not a perfect science; a lot of it is experience; the staff that have been doing the bus routes have been doing it since the 1970's; it is a scientific guess, but there is some modeling that does not indicate where there would be greater ridership throughout the County; and it is not like road modeling, in which it can come down to the segment and show where it would get 10,000 per day.   He stated in a case like Malabar Road, it was easier because there is a lot of paratransit that goes in and out of the Palm Bay Hospital area; there is a dialysis center; and SCAT is in and out of there with a lot of service.  He noted the Rockledge bus stop request is different in that there has not been any door-to-door service back and forth; and so it is not an area that has been looked at.

 

Chairman Bolin stated the Board is going to be looking at a lot of things coming up in the budget issues; even though Mr. Liesenfelt said there would not be any expense, there would be the expense of the gas in the extra mileage; and it would change the route time significantly.  Mr. Liesenfelt stated Route 1 is the spine route that runs from the Titusville area, down to the airport area in Melbourne; that route makes connections in Titusville, Cocoa, North Melbourne, and Central Melbourne.  Chairman Bolin stated she would like to see the progress of the Brevard Family Partnership as far as its location and how there would be people coming out; and then the Board can determine at a later date whether or not it would be able to provide that service, and also the situation concerning the County's budget. 

 

Howard Tipton, County Manager, stated he would like to echo Chairman Bolin's comments, in that perhaps the Board can wait and see how this shakes out from both a service level need, and also the budgetary need; there is a Budget Workshop on March 18th; as the Board begins to build the next budget, there are going to be potentially fewer routes available; and the Board needs to evaluate all of those decisions.  He stated perhaps the Board can postpone the issue, but include it in the mix of the other things that can be considered.

 

Commissioner Fisher stated before the issue comes back to the Board, perhaps Ms. Phillips could get the names and addresses of the people who come to her facility and ask them if they would use the bus service, where would they pick it up from, and where would they be dropped off; and that way, the Board can have a feel for exactly how many riders there would be.  He stated he does not want Ms. Phillips to start a petition of people who say they will ride the bus, but he would like to have some detail to prove that if the Board did it, people would actually use it; and maybe Mr. Liesenfelt can help her develop that survey model to get some hard details.

 

Ms. Phillips stated there is a new telecom center that is housed with the Brevard Family Partnership; before coming to the Board, the Partnership asked how many of the telecom employees would be riding the bus; they could not get their numbers to her before the meeting; but she will go back to them and ask for that.

 

Mr. Liesenfelt stated staff can go to the Partnership to help them figure out where the riders are coming from and where they are going to, because paratransit might help on a door-to-door basis; the Partnership might be able to use vanpools as  opposed to having their staff vehicles; and there might be some other opportunities to help, other than a fixed route.

 

Commissioner Nelson stated if the Board is going to undertake some kind of analysis process, then every opportunity needs to be looked at; there have been requests in every District for those kinds of services; in his District  there has  been a request for  the Sam's Club extension on SR 520 that would service the West Cocoa area; and all he asks is that if the Board is going to undertake some kind of process to evaluate for the budget process, that all the Commission Districts and all those requests that have come before the Board also be considered, so that the Board has a full range of opportunities.

 

 

LETTER OF SUPPORT, RE:  TECHNOLOGICAL RESEARCH AND DEVELOPMENT AUTHORITY’S BUSINESS INNOVATION CENTER MENTORING PROGRAM

 

Commissioner Fisher stated he is supportive of the request, knowing the workforce that will soon be lost throughout the County, but mainly in Districts 1 and 2; and inquired if any of the funding will go to North Brevard and Central Brevard.

 

Chester Straub, Jr., Executive Director, Technological Research and Development Authority, replied yes, he has been working closely with Lisa Rice and the Workforce Development Board to share information about his company's assistance programs, particularly targeting those engineers, scientists, and technicians who are being impacted by the downsizing at NASA and the related private sector contractors.  He stated obviously, his company's programs are not appropriate for all of those individuals, but they are targeting that subsection of that impacted population that are interested in starting technical-based businesses; the assistance that he is looking to secure from the federal government would allow his company to specifically expand what it is doing in Melbourne and work with that group of people; and the outreach would be done through the Workforce Development Board, through Space Florida, as well as the municipalities where the largest concentration of impacted employees might be.

 

Commissioner Fisher inquired if facilities will be opened in those areas.  Mr. Straub replied one of the things he would look at doing would be to hold various training and mentoring activities closest to where the impacted individuals would be; one of the areas that he is looking at exploring is utilizing the facilities at the Astronaut Memorial Foundation, because there are good training facilities there that could be used for educational programs.

 

The Board authorized Chairman Bolin to sign a letter to U.S. Congressman Bill Posey in support of Technological Research and Development Authority's efforts to secure funding through the U.S. Small Business Administration account within the federal FY 2011 Financial Services and General Appropriations Bill.   

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

CONTRACT FOR SALE AND PURCHASE WITH PETROLEUM RESOURCES AND DEVELOPMENT, INC., RE:  SPACEPORT COMMERCE PARK (CONTINUED)

 

Scott Knox, County Attorney, advised it has come to his attention that there is and older draft of the contract in the Board’s Agenda package; and there are two minor changes that have happened since that time.  He stated one change was the change from a 60-day inspection period to a 45-day inspection period; and the other change was the addition of a clause saying, “Nothing herein shall prevent closing at an earlier date.”   He stated he would like the Board to approve those two changes.

 

The Board amended its earlier motion entering into a Contract for Sale and Purchase for an approximate 4.74-acre parcel in the County owned industrial park to Petroleum Resources and Development, Inc. for $118,500, for the purpose of Petroleum Resources and Development, Inc. consolidating its two locations to the industrial park, which will bring 15 jobs immediately to Brevard County and create an additional 15 jobs over five years; and accepted amendment to the Contract for Sale and Purchase changing the inspection period from 60-days to 45 days, and the addition of a clause stating, “Nothing herein shall prevent closing at an earlier date.” 

 

 

 

Upon consensus by the Board, the meeting was adjourned at 11:59 a.m.

 

 

 

 

 

 

ATTEST:                                                                                                                                

                                                                        MARY BOLIN, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _                                  BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK