MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

May 19, 2009

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 19, 2009 at 9:09 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Trudie Infantini, Mary Bolin, and Andy Anderson, Interim County Manager Stockton Whitten, and County Attorney Scott Knox.  Commissioner Robin Fisher available via telephone.

 

 

The Invocation was given by Dave Dingley, District 4 Commission Aid.

 

Commissioner Robin Fisher led the assembly in the Pledge of Allegiance. 

 

 

 

Frank Abbate, Interim Assistant County Manager, stated Mr. Baenziger is present as a follow-up to the Board’s approval last month in which Colin Baenziger and Associates are going to do the executive search for the County Manager position selection and screening and bring it back to the Board.  He stated as a result of the RFP award, Mr. Baenziger has met with each Commissioner individually to develop an ideal candidate from each Commissioner’s perspective; stated Mr. Baenziger has developed a profile for the candidate; and this morning he will be reviewing that with the Board, seeking the Board’s approval as well as the process that he is going to undertake to recruit and screen the candidates.

 

Colin Baenziger stated he would like to thank the Board for giving him a 9:00 a.m. time certain.  He stated he has met with all the Commissioners and has had an opportunity to get their input on the ideal candidate; he wanted to know what is attractive about Brevard County, and what may be some weaker points for candidates; and he wants to give the candidates a fair and accurate portrayal of what they are getting into.  He stated he also wanted to understand the issues on how the County government works; every government is a little bit different; and he wanted to talk about salary.  He noted he has a schedule that calls for advertising to start at the end of the week, and then for applications to be due on June 12, 2009; for the Board to choose its finalists on July 22, 2009, with interviews July 30 and 31, 2009; and a selection to be made on August 4, 2009.  He stated he emailed the Board a profile yesterday afternoon; he would like to go over a couple of things in the profile with the Board; and then if any of the Commissioners have comments, they can get them to him during the week.  He stated in terms of looking for the ideal candidate, every one of the Commissioners spoke of the need to have a strong manager and an exceptional leader; that means the Board will be setting priorities and setting policy, but the manager will be responsible for carrying out those priorities and that policy; it is often tempting to give department directors instruction directly; if there is a strong manager, the Board will need to go through that manager to actually give those instructions; and there are good reasons for that.  He stated first of all, the Board cannot really hold the manager accountable for

what is going on if everyone is giving the department directors beneath that individual direct instructions; the second thing the Commissioners emphasized was that they want someone who is strong in the budget and finance area that understands the numbers and would be able to make good recommendations; and he knows it is a challenge right now in terms of actually balancing the budget and cuts are necessary.  He stated there may be ways to raise revenues as well; that is something that is often neglected to be talked about; and he is not suggesting raising taxes, but there may be another mechanism for the Board to capture some revenues that have been escaping somehow or another.  He stated the Commissioners also want someone who is results-oriented, has a can-do attitude, has a backbone, and someone who will tell the Board what it needs to hear as opposed to what it wants to hear; there may be some changes that need to be made; and the Board wants someone who is comfortable making those changes and someone who will carry them out in a manner that is the least unsettling to the organization as possible.  He stated the Commissioners are looking for someone with strong Inter- and Intra-governmental skills; the County has some strong Constitutional Officers; and the County Manager will have to work with those individuals, along with other city officials.  He stated customer service is important; and being able to tell the citizens what is really happening in the County and to present the Board’s side of the story.  He noted the Board has done a lot of work in terms of cutting the budget in the last two years; and he does not know that the public has appreciated how much has been cut.  He stated in terms of experience, he suggests seven years of responsible experience in the public or private sector; there was not total agreement on this aspect; one Commissioner would prefer someone who has private sector experience exclusively; another Commissioner would prefer public sector experience; and what he has done is put it in the middle in order to look at candidates from both sides and try to find that perfect manager.  He stated he would like to find someone who has managed an organization with at least 200 people under them; and that is based on his experience as a manager.  He stated the salary range has been set at $140,000 to $200,000; the Board has commented to him that it would like the lower end of that range ideally; stated he is not sure how that will play out; but one reason why he wanted to go to $200,000 as a range is that the Board will at least have the opportunity to see people that are making $170,000 to $180,000; and then the Board can decide if that person is worth paying $190,000, as opposed to somebody the Board may get for $160,000 or $150,000.  He advised most of the managers in counties the size of Brevard are currently making approximately $175,000 to $185,000; and to draw someone out of a current job, the Board may need to pay a little more than it would like.  He stated if there is anything the Board would like to add or change, he would be more than happy to make those changes.

 

Commissioner Infantini stated one thing she feels is limiting is the 200 employees; stated she feels the 200 employee limitation is very restrictive; and she thinks that number should be scaled back significantly because the manager will not be directly overseeing 200 employees.  She stated the Board needs someone with a very strong financial background, as well as somebody who can bring an entirely new corporate culture and a new skill set.

 

Commissioner Anderson stated he is looking for a General and not a Corporal; and the only way to get to that is somebody who has had those kinds of skills; he too, has managed large groups; and unless someone has done it, it is hard to walk in and manage that many people.  He stated he would like to go higher than 200 employees, but he will settle with 200; and he is looking at it like managing an army.  

 

Commissioner Bolin stated she agrees with the 200 employees; she read the profile Mr. Baenziger put together; she wants him to express very strongly to the candidates that the Space Coast is important to the Board and that there is a problem with employment; and the candidates need to know what the Board is up against.

 

Commissioner Fisher stated he agrees with Commissioners Anderson and Bolin; the experience level needs to be kept high; it is a difficult job; the manager will have to deal with the Commissioners as well as the morale of 2,000 employees; and if a candidate has not done that before, it is going to be impossible to for them to learn on the job.  

 

Chairman Nelson stated he likes the concept of a County Manager that is straight forward; the Board can handle bad news; the Board will decide what is best for the County; but he wants someone who will stand up for what they believe is the appropriate professional direction; and then the Board will make that decision.  He stated he likes the straight forward approach and someone who can deliver bad news and let the Board deal with that.  He stated the Board looks forward to seeing the applications.  Mr. Baenziger stated he looks forward to working with the Commissioners.

 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve the minutes of January 13, 2009 and March 24, 2009 Regular meetings.  Motion carried and ordered unanimously.

 

 

Pam Shoemaker, Solid Waste Management, stated as a member of the County volunteer management team, she appreciates the opportunity to honor the volunteers who have given so much of their time and talent to the County.  She stated she would like to present the Board with a  check representing 835,997 volunteer hours; and each hour of volunteer service, valued at $19.51 by the independent sector organization, represents $16,310,301.00 of service. 

 

Ms. Shoemaker stated the first award is the Jefferson Award, which is a prestigious national recognition system honoring community and public service in America; on a local level, Jefferson Award recipients are ordinary people who do extraordinary things through volunteerism; and this morning, there are seven awards to present.  She stated the first award goes to Dr. Mark Brimer, Mayor of Satellite Beach.  She advised as a member of the County’s Commission on Aging, Dr. Brimer developed the Elder Fall Prevention Initiative as a new program and a Countywide project in January 2008; the initiative was aimed at reducing falls among the most fragile older adults in Brevard County; and Dr. Brimer produced and provided plans and strategies for carrying out the initiative crafting the Elder Home Safety and Environmental Assessment Tool and the Train the Trainer manual.   She stated four Elder Fall Prevention  events  were  hosted  over  the  last  year  reaching  over 1,000  seniors  throughout Brevard County; the initiative has proven to impact senior citizens, healthcare staff, senior center members, EMT’s, and caregivers in a positive way; and the Commission on Aging was recognized as a ‘best-practice’ CFAL (Communities for a Lifetime) community by the State of Florida Department of Elder Affairs in August 2008. 

 

Ms. Shoemaker advised the next award goes to Mr. Donald Brumm.  She stated in 1995, Donald Brumm was contacted by they County’s Extension Service to assist them in establishing an air riffle program; the Three Position Shooters 4-H Air Rifle Club has met on the 1^st and 3^rd Thursday of each month since 1996; and other than a one-time minor grant from the National Rifle Association in 1996, the Club has been entirely self-supporting through donations from individuals and organizations such as the Titusville Rifle and Pistol Club.  She sated Mr. Brumm has volunteered over 5,000 hours to the program; and over the past 14 years, Mr. Brumm has provided an opportunity for youth to safely learn how to handle firearms.  She stated Mr. Brumm has seen members of the club go on to become champions in the sport, become soldiers who go on to serve the country, and young people develop healthy habits of outdoor activity; and in addition, Club members learn an appreciation of the natural resources, teamwork, citizenship, safety, and leadership. 

 

Ms. Shoemaker stated the next award goes to Marilyn Galli.  She stated since August 1997, Marilyn Galli has provided a critical frontline service to clients who are reporting directly from court or from Brevard County Jail Complex through her two volunteer roles with Criminal Justice Services Department.  She stated as a Registration Specialist, Ms. Galli ensures that clients have an understanding of the process of completing conditions of their court requirements while on Misdemeanor Probation, Community Supervision or Alternative Community Service; in her work as an Intake Specialist, Marilyn assigns clients to perform their court ordered community service hours at various non-profit organizations and County agencies, which provides an ongoing workforce for 110 community services agencies throughout the County; and she treats every client with the utmost respect while working with situations that are often very difficult. 

 

Ms. Shoemaker advised the next award goes to Thomas Penders.  She stated Thomas Penders is a professional archeologist who has practiced his career in Brevard County for 25 years; his particular volunteer contribution to the EEL Program is that he initiated, permitted and led an archeological and paleontological investigation at the Pine Island Conservation Area on Merritt Island over a period of four years, and this work is ongoing.  She stated Thomas has submitted the required reports to the State, meticulously documented, photographed and analyzed every artifact and fossil recovered and collaborated with experts throughout the nation to further knowledge of the site; his contributions will allow the EEL Program to interpret and display the 50,000 years of history on Merritt Island at the Pine Island Management and Education Center, currently under construction; and his findings will be published in the Florida Anthropologist, a professional journal.

 

Ms. Shoemaker advised the next award goes to Scott Shenton.  She stated Mr. Shenton has served as a volunteer with the Friends of the Melbourne Library since 2006 and has volunteered over 2,000 hours during that time; he is Chairman of the semi-annual Friends Book Sales, responsible  for  sorting  through  donations,  organizing  volunteers,  and  directing  set  up  and takedown of over 5,000 items; each book sale generates approximately $5,000 in proceeds; and the funds help pay for special programs for children during the summer months.  She stated in addition, Scott is responsible for the set up and running of the new in-library bookstore for patrons which opened in December 2008; with minimal advertising, the bookstore raised over $700 the first month; the bookstore is open seven days a week and offers new and used books and media donations for the sale to patrons; and the monies raised are used to supplement or replace books and materials for the library. 

 

Ms. Shoemaker announced the next award goes to Frank Sullivan.  She stated Mr. Sullivan has been President of the Brevard County 4-H Foundation for eight years; and under his leadership, the Foundation provides over $8,000 per year in scholarships to help youth participate in various 4-H activities.  She advised two years ago, the 4-H Foundation began providing four, four-year scholarships to Brevard County 4-H’ers; three years ago, Frank took on the responsibility for the new Brevard County Fair; and this was a major undertaking that involved numerous volunteers and volunteer hours to make the event a reality.   She stated Mr. Sullivan has worked with many community organizations to engage them in the event; one key area that he worked to showcase is the importance of agriculture to Brevard County; many agricultural organizations came forward to help him get the message out; and the Brevard County Fair hosted the first County Fair in March 2009.

 

Chairman Nelson stated the fair this year was actually awarded a Blue Ribbon by the Florida Fair Association; it was the first year for the fair and it was awarded a Blue Ribbon as a high quality fair; and it is a great honor to have worked with Mr. Sullivan and the other volunteers.  He stated the fair is family oriented and gets back to the values that everyone appreciates; and the volunteers did a great job.

 

Frank Sullivan stated the 4-H Foundation and volunteers could not have done anything without the Extension Service and the Agricultural Department, and the Parks and Recreation Department; and without those two organizations the fair would not have happened. 

 

Ms. Shoemaker stated Paul Tucker is the final Jefferson Award Winner.  She stated in 2006, Paul Tucker was contacted by the County Extension/4-H Program to establish an archery program in Brevard County; he is the current President of Brevard Archers, a local archery enthusiast group based at Wickham Park; and Paul became officially trained and 4-H certified through the University of Florida and Extension Office and recruited 16 Brevard Archers to receive additional archery instructor training to assist with large events.  She stated twice a month, the Sharp-Eye Shooters 4-H Archery Club instructs approximately 20 children per session; Paul and the Brevard Archers have contributed several thousands of dollars in equipment and participate in free monthly archery lessons to the community, special tournaments and during Spring and Winter break day camps; many of the youth archers have placed in the top of the regional and State competitions, and one youth qualified to participate nationally; and since 2006, nearly 3,000 children and families have been introduced to the sport of archery. 

 

Ms. Shoemaker advised the next award is the Brevard County Board of County Commissioners Civic Involvement Award; the distinguished award is presented to those County volunteers who exemplify volunteer service by their commitment to make a difference in the community where they serve; and there are several individuals being presented the award.  She stated the first recipient is Mike Ailing with the Valkaria Airport, who has been a volunteer at Valkaria Airport for over nine months, working between 12 and 24 hours a week; and in addition, Mike is a full-time student at Florida Institute of Technology and has a part-time job.  She stated Mr. Ailing has been involved in ‘airside’ and ‘landside’ airport management operations, assisted in preparation for the Annual Valkaria Airfest, organized a Runway and Taxiway cleanup and updated the signage and marking plan; and Mike’s efforts have helped make the airport more secure and ensure a safe and successful Airfest 2009. 

 

Ms. Shoemaker stated the next award goes to Richard Borke, who has served with Brevard County’s Fire Rescue Department as a volunteer EMS Reservist for two years, working approximately 24 hours each month.  She stated as an Emergency Medical Technician, Richard has worked many public events including baseball games at the Space Coast Stadium, Teen Fest, and Q Fest, providing onsite medical care when needed; in addition, Mike does ‘ride out time’ at Station 29 in Port St. John; and he has covered shifts for other reservists on short notice in order to ensure that emergency medical assistance is available to the public and provides quality care for all. 

 

Ms. Shoemaker announced the next award goes Michael Dudzinski, Jared Reece, and Stevon Roberts with the LEAP Team.  She stated Michael, Jared, and Stevon are students in the LEAP (Learner Empowerment through Agency Partnerships) Program, a Brevard County Public Schools program that provides job training for persons with disabilities.  She stated the three young men, along with their instructor, Selma Johnson, have worked in the Public Works Department with the Traffic Engineering Division every Monday and Wednesday for over eight months; for the four hours each day the students are on site, it is their responsibility to put traffic crash reports into chronological order, prepare the reports for scanning, file the processed reports and organize the documents as needed; and Michael, Jared, and Stevon’s work allows the department to keep crash data entry current and contributes towards the department operating in a more efficient manner.

 

Ms. Shoemaker stated the next award goes to Ramona Fisher who has been a volunteer at the South Animal Care and Adoption Center for seven years; during the two days each week she is at the Center, Ramona is involved in a variety of tasks from cleaning to assisting the public; in addition, she comes in on holidays to assist staff; and Ramona always demonstrates a genuine caring and true concern for the animals and works to keep them comfortable with the hopes of finding them a forever home.

 

Ms. Shoemaker announced the next award recipient is Linda Gombert who serves on the County’s Agriculture and Extension Department’s Commercial Horticulture Extension Advisory Committee, the Brevard Botanical Garden Planning Committee and Master Plan subcommittee.  She stated since 2008, she has assisted with the development of the Teaching and Demonstration Garden in  Palm Bay and the  Brevard  Botanical  Garden,  located at the  Cocoa Extension Office; and the gardens will enhance various 4-H educational programs, the Marine Sciences Program, and assist Extension to better educate the community about proper landscaping and horticulture practices. 

 

Ms. Shoemaker stated the next award goes to Elsie Kapsch who began volunteering with the Melbourne Beach Public Library in October 2002, one month after the Library opened; she is responsible for checking in courier items and contacting patrons to let them know their reserved item has arrived; her efforts help the patrons get their reserves quickly and efficiently; and Elsie’s commitment and dedication to the Library is a tremendous asset and allows the Library to offer the best possible customer service.

 

Ms. Shoemaker stated the next award goes to Mike Shannon who was a volunteer at the South Animal Care and Adoption Center when the County took over services in 2002; he has worked every Wednesday, regardless of holidays or hurricanes, and can always be counted on to be there for the homeless animals; Mike works side by side with the staff, scrubbing kennels, putting up donations or caring for the cats; and his dedication is an asset to the Center and his service is appreciated by the staff. 

 

 

 

Stockton Whitten, Interim County Manager, stated Eric Citta began his employment with Brevard County as an engineering inspector with the Civil Engineering Department on October 25, 1983; in October 1985, Eric was selected to assume the duties of Chief Engineering Inspector during that employee’s temporary absence; and because of the leadership abilities he displayed during the interim appointment, he was granted Lead Worker status in 1986.   He stated on January 30, 1993, Eric was promoted to Engineering Inspector Supervisor, where he was responsible for the engineering and utility inspection program for the Engineering Services Department; in July 1995, Eric transferred to Road and Bridge Department as a Central Area Supervisor where he oversaw the daily maintenance activities for the unincorporated Merritt Island, Cocoa Beach, West Cocoa, Rockledge areas, as well as the Mathers Bridge; and in 2006 Road and Bridge changed the boundaries of the maintenance area, and Eric was selected as North Area Road Manager with coverage responsibilities on the mainland from Viera Boulevard to the North Brevard County line, as well as the Max Brewer Bridge in Titusville.  He advised Mr. Citta has proved on many occasions, and especially during storm events, that his personality, duty performance, and strong drive make him a valuable member of the Public Works Department.  

 

Chairman Nelson stated he would like to thank Mr. Citta for his help during the flooding in West Cocoa after Tropical Storm Fay; and he presented the Employee Longevity Recognition plaque to Eric Citta, who has achieved 25 years of service with Brevard County. 

 

 

*Commissioner Fisher’s absence was noted.

 

 

Bud Crisafulli stated he is the Chairman of the Soil and Water Conservation Board, which is an elected body of five members; and he would like to introduce the members to the Board.  He introduced Tex Loadholtz, the Co-Chairman, Catherine Pansey, Treasurer, Nancy Stevenson, Special Events Coordinator, and Dave Mallard, USDA Farm Service Representative.  He stated normally there is a speech contest; but this year there was a poster contest; and out of over 30 submission, they picked three winners in three categories. 

 

Dave Mallard stated as an agency that works for and with landowners, the Soil and Water Conservation Board works with a broad spectrum of people in private and public entities to deliver services to the public; and they work alongside other soil and water conservation districts.  He stated the District wanted to reach out to young people and to see what creativity would produce; the kids were asked what agriculture in Brevard County meant to them; and as the Board can see by the creative posters.

 

Chairman Nelson read aloud a resolution acknowledging and congratulating the winners of the “Agriculture in Brevard” Poster Contest.

 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to adopt Resolution acknowledging and congratulating the winners of the “Agriculture in Brevard” poster contest for their outstanding demonstration of vision, insight, and inspired artwork depicting Agriculture’s contribution to life and health of the citizens of Brevard County.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini read aloud a resolution congratulating Ms. Neta Harris and The Nature Alliance on a successful 2009 Space Coast Birding and Wildlife Festival.

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to adopt Resolution congratulating Ms. Neta Harris, Executive Director, and all the members of The Nature Alliance on a successful 2009 Space Coast Birding and Wildlife Festival.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini stated Dr. Alex Vamosi is also the Associate Dean at the Florida Institute of Technology and a fine man to work for in the college of business.

 

Neta Harris expressed appreciation for the Resolution; stated it takes a village to put on the Festival; and it has worked on all year long.  She stated there are 60 volunteers who are the heart of the Festival; and she would like to introduce some of the Board of Directors.  She stated Keith Winston is Chairman of the Board, Nancy Evans is the Secretary, Virginia Barker is the Treasurer,  Bob  Day is a  Vice Chairman, and  Don George is a  very  important Board member because he represents the 45^th Wing of the Air Force; and Dr. Vamosi is not only a volunteer, but he represents Praecipio EFS, which is the organization that takes all of the survey information and data that’s collected during the Festival and produces the economic impact report, which she brought to the Board today.  She stated she appreciates the Resolution and the support from the Commission for the all the Festivals and events in Brevard County, and helping to fund them; in this economic time it is very important because this type of recreation is part of the quality of life; and the Board has addressed that, and it is appreciated.

 

Chairman Nelson stated Ms. Harris has taken the Festival to a level that has made it a world class event, and the Board appreciates that.

 

Dr. Vamosi stated Ms. Harris is modest; at this point, he believes it is the largest and most successful birding festival in the country; and if not, it is definitely in the top three. 

 

Chairman Nelson stated it is also important to know that there are a lot of events that occur; with the Birding Festival the Board has the ability to see what the impact is; and that often does not happen.  He stated the Board appreciates the fact that not only does Ms. Harris do a great job, but she has the documentation to prove it; it makes everyone feel better about the event; and it shows the worth of the Birding Festival.

 

Ms. Harris stated Laurilee Thompson from Titusville is the one who thought of the Festival; it has become what it has become and Ms. Thompson is still active in the festival; and she appreciates her input and knowledge of the area.

 

 

 

Commissioner Bolin read aloud a resolution proclaiming the Month of May, 2009 as Lupus Awareness Month.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution proclaiming the Month of May 2009 as Lupus Awareness Month, when lupus organizations around the globe call for increases in public and private sector funding for medical research on lupus, targeted education programs for health professionals, patients, public, and worldwide recognition of lupus as a significant public health issue.  Motion carried and ordered unanimously. 

 

 

Bonnie Gavin stated she has some additional information the Board might find interesting; there are 90,000 patients in the State of Florida; and in Brevard County alone there are 2,700 that are known, but there are probably many more.

 

 

Chairman Nelson read aloud a resolution commending law enforcement agencies involved in Operation Game Over.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to adopt Resolution commending law enforcement agencies involved in Operation Game Over for their unselfish acts and devotion to duty which has brought credit to their respective agencies and the entire law enforcement profession.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini stated she would like to thank the different law enforcement agencies for working together because unfortunately, crime does not stay within one person’s borders.

 

Sheriff Jack Parker expressed appreciation for the Resolution; stated on behalf of the Police Chiefs and FDLE; and it is an incredible group of people.  He stated the agencies are out there doing the most dangerous work with the most violent criminals; and the officers in Operation Game Over get the worst of the worst in every jurisdiction.  He stated Operation Game Over has had incredible success; the officers are quick not to take credit; they point to everyone else that has helped in any operation; and they are truly an example of professionalism, and why law enforcement works so well in Brevard County.  He stated Operation Game Over is a State model; the Board will see it replicated across the State; and Attorney General Bill McCollum is very proud of what is happening in Brevard County.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to adopt Resolution proclaiming June 1 – 6, 2009 as Management Week in Brevard County, and express sincere appreciation to the National Management Association for its valuable contributions and assistance to the citizens of Brevard County.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini read aloud a resolution recognizing Circles of Care, Inc. during May, 2009 National Mental Health Month.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to adopt Resolution recognizing Circles of Care, Inc., during May 2009 National Mental Health Month, calling upon all Brevard County citizens, government agencies, public and private institutions, businesses, and schools to recommit the community to increasing awareness and understanding of mental illness and the need for appropriate and accessible services.  Motion carried and ordered unanimously. 

 

 

Jim Whitaker, Circles of Care, expressed appreciation to the Board for the Resolution on behalf of the staff and the 20,000 people Circle of Care sees every year; unfortunately, 2009 will top 2008 in suicides; and he is honored to accept the Resolution on behalf of the community partners in both public and private.  He stated there are wonderful services in Brevard County; when he travels, people are always amazed at how involved the County Commission and the Cities have been in trying to have a vast array of services in the community that far outweighs many other areas in the State.

 

 

Chairman Nelson read aloud a resolution proclaiming National Mosquito Control Awareness Week in Brevard County. 

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to adopt Resolution proclaiming June 21 – 27, 2009 as National Mosquito Control Awareness Week in Brevard County, Florida.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini stated Craig Simmons, Mosquito Control Department Director, had done an excellent job of controlling the mosquitoes in Brevard County for the last few years; she cannot commend him enough for the work he has done; and his department has been very responsive to the residents when there is an outbreak.

 

Craig Simmons, Mosquito Control Department Director, expressed appreciation to the Board for the Resolution; stated the real heroes are the people in public service that dedicate their lives to making Brevard County better; and the week is dedicated to those people and an educational event for the public to allow them to understand what Mosquito Control does and how they can help.

 

Commissioner Infantini inquired how Mr. Simmons gets his volunteers to stand and be attacked by mosquitoes.  Mr. Simmons stated it is part of the job description; that takes dedication; and he thanks them for their dedication.  Chairman Nelson inquired if Mr. Simmons would describe how the testing is done.  Mr. Simmons replied the Mosquito Control Department is required to get data in order to do any type of spray activity; the main data collected is called a landing rate; employees will stand in an area where there are no mosquitoes and count the number of mosquitoes that lands on them and bites them in the course of a minute; and that is a standard in Mosquito Control for coming up with the data for spray activity.  He stated there are some very dedicated individuals in Mosquito Control.

 

 

Commissioner Bolin read aloud a resolution recognizing Dr. John Potomski, Jr., for 25 years of service to the long-term care community.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution recognizing Dr. John Potomski, Jr. for his 25 years of dedicated service to the long-term care community.  Motion carried and ordered unanimously. 

 

 

Dr. John Potomski Jr., stated he is both humbled and honored to receive the Resolution; it has been his privilege to serve the frail and infirm senior citizens in Brevard County over the last 25 and one half years; and he would like to accept the Resolution in honor of those senior citizens currently residing in nursing homes and assisted living facilities in the County, and also in memory of those who have touched his life by providing care for the, and who have passed on to their eternal reward. 

 

 

 

Commissioner Anderson read aloud a resolution recognizing Support the Troops Rally.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to adopt Resolution recognizing the Support the Troops Rally, which continues to demonstrate support for all current and former members of the Armed Forces with an annual Support the Troops Rally.  Motion carried and ordered unanimously. 

 

 

Rob Medina, representing the Support the Troops Rally Committee, expressed appreciation to the Board for the Resolution; and thanked the Board for raising awareness throughout the community that something is being put together to honor the men and women who are serving the nation.  He advised the Support the Troops Rally is a non-political event; it is a demonstration of support; and the community is welcomed to attend, Saturday, May 30^th.  He stated one speaker at the Support the Troops Rally is a former United States Marine Corps Aviator who has passed away, and that is Major Bob Bolin; and he would like to honor Commissioner Bolin, as Major Bob Bolin served his nation with distinction and gave a portion of his entire life. 

 

 

 

Commissioner Anderson read aloud a resolution recognizing Eagle Scout Blane Donahue.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to adopt Resolution recognizing Eagle Scout Blane Donahue for his outstanding efforts in obtaining his Eagle Scout Award.  Motion carried and ordered unanimously. 

 

Blane Donahue stated he started out as a Tiger Scout; his dad was Den Leader when he joined; his mom was his Pack Leader as he rose to Cub Scouts; and stated his mom was a very inspirational leader and taught him everything he knows to become a Boy Scout.  He stated in Boy Scouts he rose through his ranks through his Scout Master’s help and earned his badges; he proceeded into the Order of the Arrow, in which he was involved more deeply in Scouting in general; and that led him to believe Scouting was a great thing.  He stated for his Eagle Scout Project he made a serenity garden at Holmes Regional Medical Center; and he thought patients’ families and employees can to go the garden for relaxation because hospitals are stressful environments.  He stated the main person who has helped him with Scouting is his mom; and he loves her very much.

 

 

 

Chairman Nelson read aloud a resolution honoring Wesley Montgomery Sr.’s 94^th Birthday.

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to adopt Resolution recognizing and celebrating Wesley Montgomery Sr.’s 94^th Birthday and encouraging all whose lives he has touched to celebrate with him.  Motion carried and ordered unanimously.  

 

 

Wesley Montgomery Sr. stated the secret to long life is to stay close to God and do the thing that is right and stay out of trouble. 

 

 

 

Chairman Nelson read aloud a resolution recognizing and commending Patricia M. Thomas.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to adopt Resolution recognizing and commending Patricia M. Thomas for her loyal and dedicated service to Brevard County, and wish her many years of good health and prosperity in retirement.  Motion carried and ordered unanimously. 

 

 

Patricia Thomas expressed appreciation for the Resolution; and thanked Chief Farmer, Chief Neterer, Chief Hall, and Chief Yatz, for being supportive of her as the only female and only civilian Assistant Chief.  She stated she would also like to thank her staff, which is the Logistics Section, as they are the ones that made her look good.

 

 

 

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Thomas Joseph Murphy, V. 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution recognizing Eagle Scout Thomas Joseph Murphy, V for his accomplishments as an Eagle Scout.  Motion carried and ordered unanimously. 

 

 

Thomas Joseph Murphy V, stated his Project was to volunteer at the Dorcas Outreach Center for Kids at Wuesthoff Progressive Care Center; the kids did not have a lot of outdoor activities; and he thought it would be nice to make the kids an outdoor chess set. 

 

Ms. Murphy stated she is very proud of Tom for his accomplishments; she wishes his dad could be here to celebrate; and Tom has grown a lot through the Program learning leadership.

 

 

Commissioner Infantini read aloud a resolution recognizing Caitlin Browning for Girl Scout Gold Award.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to adopt Resolution recognizing Caitlin Browning for the Girl Scout Gold Award.  Motion carried and ordered unanimously. 

 

Commissioner Infantini read aloud a resolution recognizing Caitlin Browning for Girl Scout Gold Award.

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to adopt Resolution recognizing Kimberly Lynn Grogan for the Girl Scout Gold Award.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini read aloud a resolution recognizing Sabrina M. Stackhouse for Girl Scout Gold Award.

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to adopt Resolution recognizing Sabrina M. Stackhouse for the Girl Scout Gold Award.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Infantini read aloud a resolution recognizing Amanda Simon for Girl Scout Gold Award.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to adopt Resolution recognizing Amanda Simon for the Girl Scout Gold Award.  Motion carried and ordered unanimously. 

 

 

Amanda Simon stated she and the other Gold Award winners planned the senior proms for over a year; they collected food and door prizes and developed games and activities for the senior citizens; and they could not have done it without the help of their friends and families.

 

 

 

Rocky Randels, Mayor of the City of Cape Canaveral, stated the City’s goal is to recognize some of the Board’s employees.  He stated Cape Canaveral has North Atlantic Avenue as it’s main street with one lane in each direction; the City has been trying since 1991 to get a left-turn lane; and it is just now happening, so he would like to thank the County.  He stated the study for the left-turn lane cost $10,000, which came out of the impact fees from Brevard County that was earned in Cape Canaveral; but most importantly he would like to present plaques to Ed Gardulski, who had the privilege of being the City’s Public Works Director for 10 years before the Board hired him; and Mr. Gardulski kept the project alive.  He stated he would like to read the plaque to the Board, “The City of Cape Canaveral is proud to present the Key of the City to the following Brevard County Public Works Field Personnel who are on the front lines on the day to day construction of the projects at North Atlantic Avenue and Central Boulevard.”  He stated the people he would like to recognize are George Clark, Ricky Dix, Ryan Anderson, Jimmy Kindler, Tom Bailey, Dave Williams, Randy George, Mike McLaughlin, and Wayne Hess; and working behind the scenes in Transportation Engineering is Harriet Raymond.  He stated the City is proud of its intersection.

 

 

 

Commissioner Infantini advised she would like to pull Item III.A.4., Approval, Re:  Surface Water Working Group Extension, Item III.B.6., Agreement with Caribbean Conservation Corporation, Inc., Re:  Barrier Island Management and Education Center, Item III.B.7., Agreement to Extend and Amend Existing Contract with Birdies and Eagles Enterprises, Approval to Advertise Request for Proposal for Food and Beverage Concession Services, and Establish Selection and Negotiation Committees, Re:  Habitat Golf Course, and Item III.B.9., Agreement to Extend Existing Contract with Ryder Transportation Rental, Inc., Re:  Space Coast Area Transit Vehicle Fleet Maintenance and Repair Management Services, from the Consent Agenda.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Interlocal Agreement with City of Cocoa to allow the County’s drainage improvement contractor to perform relocation of some City utilities near the Lake Drive and Range Road intersection for the West Cocoa Drainage Improvements Project; and approve associated budget change requests, as needed.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize the Planning and Development Department to refund Correctional, Educational, Emergency Medical Services, Fire/Rescue, Library, Solid Waste Disposal and Transportation Impact Fees paid by Constance Farren for a new single-family residence located at 2315 Sea Avenue, Indialantic, Florida; and authorize the Budget Office to make all necessary budget changes to complete the refund to Ms. Farren.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve a waiver of Section 62-102(B)(2)(b) to allow an easement to access two lots where the Code stipulates that only one access is permitted over any flag stem and that the access is for no more than two parcels.  Motion carried and ordered unanimously.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution commending David P. Russo for 26 years of dedicated service to Brevard County.  Motion carried and ordered unanimously. 

 

  

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to accept a Sidewalk Easement from the Brevard County School Board, Malabar Holdings, LLC, and Willard Palmer, located in Section 32, Township 28 South, Range 36 East.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize the Public Works Director to issue a letter accepting transfer of the St. Johns River Water Management District permit from the Viera East Community Development District for the widening of Murrell Road Phase I from Wickham Road to Crane Creek Boulevard North.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to accept the Utility Easement from Vernon C. King, II, Robin L. King and George F. King, located in Section 11, Township 27 South, Range 37 East.  Motion carried and ordered unanimously.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Right-of-Way Use Agreement with John and Grettel Fontana for installation and maintenance of landscape and irrigation improvements within public right-of-way of Aurora Road at the intersection of Steward Avenue in Melbourne.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Consolidation Agreement with Keep Brevard Beautiful, Inc. for Litter-Recycling Education and Lease of Property.  Motion carried and ordered unanimously. 

 

  

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve and authorize the County Manager to extend the existing engineering service Contract with ARCADIS Geraghty & Miller, Inc., for engineering services associated with site restoration services at the Melbourne and Merritt Island Airports.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve a contribution of $1,000.00 for the Fourth of July Fireworks Display sponsored by the City of Cocoa Beach.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution and accept Conservation Easement in favor of the St. Johns River Water Management District for mitigation property donation for Pence South Brevard Sewer & Septic Tank, Inc.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution and accept Conservation Easement in favor of the St. Johns River Water Management District for mitigation property donation for Melbourne Suncoast, LLP.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Professional Services Agreement Amendment No. 26 with Post, Buckley, Schuh & Jernigan, Inc. for $225,800 for professional services needed to design, permit, bid, and for the construction phase services for Flanagan Avenue Improvements to the new Max K. Rodes Park.  Motion carried and ordered unanimously. 

 

  

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to appoint Fred Frenez to serve on the Public Golf Advisory Board, with term ending May 19, 2011.  Motion carried and ordered unanimously.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve and authorize the Chairman to sign the Authorizing Resolution, Grant Application, and the use of Florida Department of Transportation (FDOT) Toll Revenue Credit for the FY 2010 Urbanized Area Formula Program, Public Transportation Capital and Operating Assistance Grant from the Federal Transit Administration (FTA) in the amount of $3,331,200 for Space Coast Area Transit, and allow staff to submit the Grant Application electronically.  The Board further authorized the Transit Services Director to execute and submit the Grant Agreement electronically contingent upon County Attorney and Risk Management approvals, and to execute any additional follow-up documentation/resolutions and amendments necessary to secure the funds.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt the Special Magistrate’s recommendation to reduce the accrued fine for Case #00-283 from $23,332 to the reduced sum of $1,500; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Professional Service Agreement with Colin Baenziger & Associates as the selected firm to perform an executive searcy for the County Manager position. Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve Change Order #2 to the Landscape and Irrigation Project Contract with Treasure Coast Irrigation, Inc., to provide for a thirty-day extension of the Contract for installation of additional brick pavers along the S.R. 3 corridor between the curbs and sidewalks from S.R. 520 to Skylark Avenue.  Motion carried and ordered unanimously. 

 

 

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

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize permission to bid replacement of the fire alarm system at the Harry T. and Harriette V. Moore Justice Center; and authorize the Chairman to execute the Contract for same.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize the Facilities Director to electronically submit a grant application on behalf of Brevard County for $2.9 million available to the County through the US Department of Energy for an Energy Efficiency and Conservation Block Grant.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the cost of advertising for, and the scheduling of an attorney-client private session for July 21, 2009, at 11:30 a.m. or as soon thereafter as possible, pursuant to Section 286.011(8), Florida Statute, in the case of Drake v. Brevard County, Case No. 05-2007-CA-011301-XXXX-XX, for the purpose of discussing settlement negotiations or strategy related to litigation.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve payment of award to Robbyn C. Spratt, Natural Resources Department, in the amount of $192.50, who submitted recommendation (EIP #377) under Brevard County’s Employee Innovations Program.  Motion carried and ordered unanimously.

 

  

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to confirm the coverage eligibility position taken by staff and authorize the continued eligibility for coverage in the Board’s Group Self-Insured Health Plan for employees furloughed from their positions provided that both employer and employees premium contributions continue uninterrupted.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to accept the recommendations of the Selection Committee and authorize the Insurance Director to execute all contracts and/or service agreements necessary to secure the services of National Benefits Alliance, Inc., to provide an automated enrollment system for the County’s Group Health Insurance Program.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to authorize the Office of Human Resources/Employee Benefits to issue a Request for Proposals for services related to the management and administration of employer health clinics for use by employees, dependents and retirees enrolled in participating public entity employer group health programs.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to grant permission to apply for and accept the FY 2009 Recovery Act Edward Byrne Memorial Justice Assistance Grant (JAG) – Local Solicitation; and authorize the Chairman to execute the necessary grant documents and any necessary budget amendments.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution commending Mayor Mark Brimer for his tireless work on behalf of all citizens and thank him for his continued dedication to the health and welfare of the senior population.  Motion carried and ordered unanimously. 

 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to appoint Dr. Ronald R. Bobay, Neta Harris, Tre? Holton, Martin Lamb, Kendall Moore, and William R. Tolley, to the Charter Review Commission.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the bills and budget changes.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to withdraw Extension of Lease Agreement with City of Cocoa for Brevard County Family and Children Services, from the Agenda.  Motion carried and ordered unanimously.

 

 

The Board recessed at 11:13 a.m. and reconvened at 11:35 a.m.

 

 

 

Thomas Hargrave stated he represents the Brevard Achievement Center and the Interagency Council of Brevard’s Legislative Task Force.  He advised on April 14^th, along with Task Force Co-Chair, Kathy Lowe, he had a special opportunity to ride Brevard County’s public transportation system, Space Coast Area Transit, with District 1 County Commissioner Robin Fisher.  He stated public transportation is critical to the lives of all Brevard County residents; the system affords the entire community to include individuals with disabilities the opportunity to access employment and attend post-secondary educational training; Space Coast Area Transit (SCAT) has provided service for over 119,000 fixed-route passengers in April 2009; SCAT has exceeded 100,000 fixed-route boardings each month during the past year; and fixed-route ridership is up 16.87 percent for Fiscal Year 2009.  He stated the community’s need for public transportation is in great demand; during this difficult budget year, funding needs to remain in place for SCAT services; and he thanked Commissioner Fisher for shining a light on the great need for public transportation in Brevard County.  He stated it is a Legislative Task Force request that the Board of County Commissioners ride the public transportation system within their respective districts to see how over 1.4 million passengers per year get back and forth to the destinations throughout Brevard County; and he thanks the Commissioners for their time and consideration.

 

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution vacating portions of a right-of-way in Titusville Fruit and Farm Lands as petitioned by Lyn Hansel (TGO Campsite, LLC).  Motion carried and ordered unanimously. 

 

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution vacating portions of right-of-way in Titusville Fruit and Farm Lands as petitioned by Lyn Hansel (TGO Campsite, LLC).  Motion carried and ordered unanimously. 

 

 

 

Commissioner Infantini stated the only problem with taking the items out of order is that people could have left the meeting anticipating that the Board would not get to the item before the time certain; and she would hate for somebody not to be present, because she thinks there were some people present earlier that wanted to speak on the item.  Chairman Nelson stated Linn Walters had asked that the item be moved up.  Commissioner Infantini stated she believes there was another person present earlier; and this same thing happened to her before she was a Commissioner where she looked at Agenda items in the order as they appeared, but because they were taken out of order when she showed up at the meeting, the discussion had already happened.  Chairman Nelson stated as he recalls, Commissioner Infantini showed up at the end of the meeting when the meeting was over; and the Board had covered every item, it was not taken out of order.  Commissioner Anderson inquired if there are more speaker cards than just two; with Chairman Nelson advised there are only two speaker cards and both speakers are present.  Commissioner Anderson stated the Board should proceed with the item. 

 

Linn Walters stated he lives in Grant-Valkaria; he has a copy of the letter the Town of Grant-Valkaria wrote to the Valkaria Airport Manager concerning the new T-Hangar lease; and it is the same lease that the Airport Manager has brought to the Board for approval.  He stated the Town is concerned it was not given reasonable advanced notice that the County was going to consider a new lease agreement; the Town had to sign-off on the hangar project and a permit; and inquired if the Town is so inept that it did not think there would be T-hangar leases.  He stated as far as he knows, the Town does not get advanced notice from any other landholder within Town limits concerning their leases; and inquired what makes the County and Valkaria Airport so special.  He noted the letter complains that the oversight is not in keeping with the spirit of cooperation over the airport; it appears that the Town not only wants cooperation, it wants to climb into bed  with the County;  and he  supposes the next things the Town will ask for is a seat on the Commission.  He stated the letter is typical of the anti-airport rhetoric from Grant-Valkaria; the Town claims the hangar lease substantially impacts the Town; inquired if the Board has any clue as to what the Town is talking about; and stated it would be nice to see some facts along with that rhetoric.  He stated the Town wants the Board to make the tenants of the T-hangar directly subject to the Town’s terribly misguided ordinances, which the FAA and the County has informed the Town numerous times that they are not enforceable.  He stated the Town continues to complain about the commercial operations at the airport; the Town has been told by the FAA that the prohibition of commercial activity on the airport is a violation of the deed restrictions relating to discrimination; and someone in the Town is not attentive to detail.  He stated he has a complaint with his Town; he plans to follow-up on his complaint; the letter from the Town causes him real embarrassment; and as a citizen of the Town of Grant-Valkaria, he was blindsided by the letter.  He stated there was never an Agenda item for the Town Council concerning this issue; it appears it was just brought up for discussion; and it may be a long time coming, but someday he hopes the Town Council puts away the childlike method of Town Government.  He stated the Board should know there are things in the lease that he, as a future tenant, does not like; however, even though he is probably going to be a tenant, he has been on a T-hangar list for 10 years; and he will be directly impacted by the lease.  He stated he harbors no illusions that he will be successful in asking for changes; he knows staff has spent considerable time on the lease to make it legal and equitable; and he is asking the Board to improve the lease as presented to it.  He thanked the Board for its consideration and support for the Valkaria Airport.

 

Oswald Venzen stated he is a 20-year veteran of the United States Air Force, retired; and he is a 17-year Brevard County resident.  He stated he works at the Valkaria Airport; he checks airplanes for safety of flight; that is his job as mandated by the FAA, that airplanes are to be inspected and maintained; and the Town Council of Grant Valkaria seems to think safety is not an issue; but it has to be done, as it is part of Federal law.  He stated the Town wants some consent on the lease, or control of the lease; it makes little sense to take personal issue for saying that homes are being damaged by the sound of aircraft; there is no sense in trying to prevent progress; but in order to maintain progress and keep people safe, his job is necessary. 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to approve the Lease Agreement to apply to the new Hangar C building as well as Hangars A and B in the subsequent month; and approve the new Rates & Charges Adjustment Plan (RCAP) which contains the rates to apply to Hangar C and other airport amenities such as tie-down spaces.

 

 

Commissioner Infantini stated she recognizes that the Town of Grant-Valkaria is concerned, but she thinks the Board is following within all the boundaries of the laws, so she does not have any objections. 

 

Chairman Nelson stated to him, there are two issues; one issue is the letter that the Town sent; and the County’s position related to that is that the Town has created an ordinance the County believes is unenforceable; but in the lease, the County is saying that the Town will obey all the laws of all the jurisdictions, which is common.  He stated the County has excluded the Town, but it is common for the County to say it will follow all the laws of each of the agencies, whether it is Federal, State, or local laws; and it is common wording in all the County’s other agreements.  He stated his question is how to get past this; and inquired what is the mechanism to find out who is right, other than ignoring the issue. 

 

Assistant County Attorney Morris Richardson stated in this case, it is not just the County’s position, it is also the FAA’s position; it is a pretty clear-cut case; the ordinances are over-reaching, and that is well established; but the ultimate issue is if the Town of Grant-Valkaria adopts the ordinances, the way to determine if it is right or wrong is that the Town can enforce the ordinances; just because it is not included in a lease agreement does not mean it cannot try to enforce its ordinances in their jurisdiction; and he thinks what the Town will find is that the ordinances will be held unenforceable.  He stated if the Board incorporates it in the lease in the fashion the Town wants it to, that makes the County the defacto enforcer of ordinances that not only are invalid, but are also specifically in violation of the State, FDOT existing grant obligations, quit claim deed, and a number of other measures; by doing that, the County would be going against what the FAA has specifically told it, which is that not only can the County not agree to the ordinances, the FAA expects the County to firmly object to the Town’s ordinances; and if the Board incorporates them into the lease the FAA is going to be unhappy and it will jeopardize the funding status of the airport from the federal perspective and it will violate a lot of the County’s existing obligations.  He stated the County has to include the State and Federal because of contractual agreements and under the FAA supremacy of governing aircraft operations.

 

Chairman Nelson inquired if the Town of Grant-Valkaria has the ability to sue the County.  Mr. Richardson replied no, if there is an operation the Town does not like at the airport that would violate the Town’s ordinances, such as if there is a touch-and-go prohibition in its ordinance, they can enforce it by Code Enforcement.  He stated what he thinks the Town will find if anyone challenges the enforcement of that, is that it is unenforceable.  Chairman Nelson stated he is just looking for the mechanism; in other words, what does the County say back to the Town; the Town has said it believes its ordinances are enforceable; the County is saying they are not; and the Town then has the option to try to enforce it to create litigation that will resolve the issue.  He stated the Town has the option to fix it if it wants to; that is the point he was trying to make; and he does not have a problem with that issue.  He stated his other question is that having gone through RCAP and looking at the agreement, he thinks there are inconsistencies between the two; it is a document that is close to being finished; but he does not think it is finished yet; and he has a problem with changing the rates based on the CPI.  He stated there could be a circumstance in which the County could find additional security needs that it will need to pass the costs along to; there may be insurance reasons that make the price go up; but CPI does not recognize that, so if the Board locks in a 12-month agreement with someone, how does the County get out of it; and he did not see a mechanism for doing that.  He stated he really has a problem with the Board’s ability to adjust a rate based on CPI; and the Board needs to look at that closer.  He stated in the agreement there is no ability to pro-rate; the agreement presented to the Board states that it begins on the first day of the month; inquired what happens if the hangar is vacant on the second day of the month; stated the Board has no mechanism other than changing the lease agreement again; and further, even if the Board went to CPI, the RCAP is supposed to set the structure for all the charges, and it does not do that.  He stated there are charges in the lease that are not in RCAP; the late fee, for instance, is not recognized; all of the other resolutions the Board does for fees, it puts in there all the fees that can be charged; and that is not the case with the hangar lease agreement.  He stated to him, the lease is not ready yet; it is a technical issue; it is not about whether or not he likes the airport, as he actually likes aviation; but to him the lease agreement is not good County staff work; and it is not ready to go yet with those kinds of questions.  He stated he will not be supporting the motion; he is worried the Board is creating a document that is not going to be responsive to potential budget changes; additionally, there are conflicts between the agreement and the RCAP; and the RCAP is of no value if those things are not in it.  He stated he understands the hangars are going to be available; he thinks the Board needs to approve the rate; but the Board can approve the rate and then get the RCAP cleaned up and have the lease agreement match RCAP, because that is the whole basis; and those are his comments on it because he does not think it is ready to go yet.

 

Commissioner Infantini stated regarding the CPI and the 12-month lease, the Board grants 12-month leases and agreement all the time; the Board just granted something with Keep Brevard Beautiful for one to three years; and to worry about changing something in a 12-month timeframe is not something she is overly concerned about.  She stated CPI is at least some type of mechanism to adjust that; and she would be ready to take a vote.  Chairman Nelson stated the Board has the ability to adjust rates as it determines necessary; it becomes extremely complicated in terms of trying to deal with a collection; and to him, the Board is giving away a lot of rights that it does not need to.

 

Commissioner Anderson stated he read through the lease agreement and he is satisfied that it clears up a lot of concerns; 12-months is not a long time; but if there is a security concern, it may not be implemented for 14 to 18 months; and he thinks the Board will be renewing that lease regardless.  Chairman Nelson stated Commissioner Anderson is ensuring it will not be implemented for 12 months.  Commissioner Anderson stated the issue has become very contentious by a very minute number of people.  Chairman Nelson stated it is not about that.  Commissioner Anderson stated there are the people raising the concerns along with the Town Council; he thinks it is a moot issue because there are three Commissioners that are going to support it today; and he does not think there is any further discussion needed.

 

Interim County Manager Stockton Whitten inquired if there is an issue with the Board approving the rate and addressing the other issues with the RCAP; inquired if the Board approves the rates and does it under a new lease agreement or old lease agreement, is that a big issue for the County; and the rates will be in place and the Board can come back and address the other issues.

 

Assistant County Manager Mel Scott advised if the Board were to approve the RCAP today and put those rates into the lease, staff would recommend that the insurance at least be increased, which Risk Management said should go up to $1 million; the Board does not want to be underinsured; but if there is anything else Mr. Richardson would recommend as far as fine points that staff put  into  the lease to  update it,  the  Board hast  the  ability to look at  the lease monthly, if it wants to have it as part of its business item; and staff wants to make sure that when moving forward, it is not putting at risk the 80 percent grant the County has received from the Federal Government, as the County Attorney’s Office has suggested.

 

Mr. Whitten inquired if the recommendation is to approve the rates and update the lease.  Mr. Richardson responded if the only conflict between the lease and the RCAP is the $50 late fee, the Board can approve the RCAP with the provision that staff add the late charge into the RCAP and then the RCAP and lease will be consistent.  Chairman Nelson inquired about pro-ration; and stated there is no mechanism on the document for pro-ration.  Mr. Richardson advised the Board can direct staff to incorporate pro-ration.  Chairman Nelson inquired why the issue is being discussed on camera; and inquired why the Board has to do this today if those issues are out there.  He stated it is not about the airport; it is about the technical detail of an instrument the Board creates; and it does not match up.  Commissioner Anderson stated he thinks the issues are minutia and are not big in the scheme of things; the people who operate the airport are professionals and they have high accolades from everyone in the County; and he does not think anything is being done to mislead anyone.

 

Commissioner Bolin stated she would like Commissioner Anderson to amend his motion to add in the two items the Board discussed to have staff adjust the pro-ration and late fee. 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the form for hangar lease agreements to be used for the new Hangar C building as well as Hangars A and B in the subsequent month; approve the Rates and Charges Adjustment Plan (RCAP), which contains the rates to apply to Hangar C and other airport amenities such as tie-down spaces; and direct staff to include the pro-ration of rent and ability to charge late fee for rent payment in the lease agreement.  Motion carried and ordered; Chairman Nelson voted nay.

 

 

Mike Knight, EEL Program Manager, directed the Board to the PowerPoint Presentation.  He referred to Slide 2 on the site history of the subject property, the property notated in red on the right side of the second slide; stated the property is owned by the Florida Inland Navigation District (FIND); and it was permitted in 1997 for placement of a dredged containment basin, which is to bring spoil from the Intracoastal Waterway.  He stated the purple piece to the right is a tract of land that was donated to the County in 1995 as a result of mitigation for the site for Scrub Jay impacts; it was donated to the County for management under the Endangered Lands Program; and along with that donation came a management fee.  He noted the blue boundary around the entire area represents the approximate boundary of the Florida Forever Project; there are several Florida Forever Projects in the area that were put in place through the County and the EEL Program; and that blue boundary represents the primary boundary.  He stated on the next page, the FIND site is notated with a red boundary; the blue boundaries represent the Scrub Jay  territories in the area;  the  areas to the  west were timbered  by  the EEL Program in 1997; and there was also a significant wildfire that passed through that area after the site had already been permitted for the containment basin.  He stated after that, the Scrub Jay populations exploded; it has become a site that is very significant from the perspective of the quality of the habitat; and it is much better quality habitat than what was set aside to the right, in the large green tract, for mitigation.  He stated the goal of the EEL’s Selection and Management Committee is to try to exchange the two properties in an effort to move the containment basin into the less-desirable, less-optimal scrub habitat, and take advantage of the existing habitat that is in significantly better condition.  He noted although there is still a lot of detail to work out in the proposal, staff is bringing the item to the Board today in a conceptual framework; the exchange proposal would involve three parties, including the Grahams, who own 11 acres of land that would have to be conveyed to FIND in order to make this new area large enough to have the containment basin; and in exchange for the Grahams giving over their property, the County would convey a portion of the mitigation parcel along Dixie Highway to the Grahams because they would be giving up some industrial land.  He stated FIND would convey approximately 72 to 119 acres, shifting the containment basin further to the east.  He advised the Selection and Management Committee, the Town of Grant-Valkaria, U.S. Fish and Wildlife Service, Florida Division of State Lands (DEP), FIND, and the Florida Fish and Wildlife Conservation Commission are all in support of the land exchange. 

 

Commissioner Anderson inquired if it is a problem for the other property owners who have not conveyed their property to EEL’s to continue to have access to their property.  Mr. Knight replied no, because EEL would not have the ability to vacate easements if people had legitimate access. 

 

Vince Lamb stated he is approaching retirement and is spending more time enjoying the natural beauty of Brevard County; he has worked with Florida Scrub Jays as a volunteer for organizations such as the Brevard Zoo and The Nature Conservancy; and he has learned a lot about the Florida Scrub Jay and habitat.  He stated the last comprehensive survey of the Florida Scrub Jays occurred in 1993, when the total population was estimated at approximately 11,000 individuals; no one knows a precise population today; but it could be as low as 3,000 birds; the fourth largest populations of Florida Scrub Jays lives in South Brevard and Indian River Counties; primarily they occupy the area known as the Atlantic Coastal Ridge; and the 119-acre FIND property is a pristine portion of the Atlantic Coastal Ridge.  He stated Dr. David Brinenger describes the property as being very important to providing the continuity of high quality scrub as needed for the Scrub Jays; Dr. Paul Schmalzer, plant ecologist, considers the property is also important as there are at least five rare and endangered plants growing on it; and the survival of plants and animals is primarily based on habitat protection.  He stated protecting the Scrub Jay habitat on the Atlantic Coastal Ridge has many benefits that go far beyond the protection of a few species.  He advised he has a book called, “A Shadow and a Song” by Mark Gerome Walters, a University of South Florida Professor, about the extinction of the Dusky Seaside Sparrow, which was a species that only lived in Brevard County and no where else; Florida Fish and Wildlife considered the bird extinct in 1990; the Brevard County Mosquito Control caused the extinction of the Sparrow by pesticides and habitat destruction with mosquito impoundments; but the book does  not mention any Board of County Commissions or votes that led to the demise of the Sparrow.  He stated the opinion of the author, and the opinion of many, is that the extinction could have been prevented; and he strongly encourages the Board to vote in favor of allowing the EEL Program to enter into negotiations to protect the subject property.

 

Craig Faulhaber stated he is with the Florida Fish and Wildlife Conservation Commission; he is the Florida Scrub Jay Conservation Coordinator; and he would like to express a few of the reasons why he supports the proposed land exchange.  He stated one reason the subject property is important is because it contains much of the best-quality for Florida Scrub Jays in the Valkaria landscape; although the habitat in the FIND site maybe supports two to four territories of Scrub Jays, because it is so high-quality, those Scrub Jays will produce more offspring than families in other areas of Valkaria; and therefore, they are kind of a driver for that population.  He stated if the FIND site is developed, it fragments the Scrub Jay habitat; and when habitat is fragmented, the remaining families are more susceptible to predation.  He stated currently, the Valkaria landscape contains the most Florida Scrub Jays of anywhere in mainland Brevard County; and also, looking to the future, the Valkaria landscape, when combined with some of the adjacent Scrub sanctuaries, gives the best opportunity to conserve Scrub Jays in Brevard County in the long-term.  He stated Scrub Jays are so important because they are the only bird that is only found in Florida; it is a unique part of Florida’s natural heritage because it has such a limited geographic distribution; it also brings in a lot of avid bird watchers; and it is a great eco-tourism opportunity for the County as well.  He stated finally, Scrub Jays are considered to be an umbrella species; that means their habitat requirements tend to be the same of a lot of other species of plants and animals; and protecting the Scrub Jay habitat protects the habitat for a whole suite of different wildlife species. 

 

David Roach stated he represents FIND; also with him is FIND Commissioner Jerry Sansom, who represents Brevard County on FIND’s board; and FIND has been working on this exchange for quite some time.  He stated FIND appreciates the partnership it has had with Brevard County over many years in terms of managing its properties in Brevard County as well as providing the mutual constituents with access to the Indian River Lagoon and the Intracoastal Waterway; and this project is another example of that partnership.  He stated FIND has worked closely with Brevard County staff over the years; there was a lot of hurdles to jump; FIND has been patient in that regard; and as the Board heard, this is a critically important parcel of land for the Scrub Jay, and is an important part of land for FIND in terms of management of the Intracoastal Waterway.  He stated by working together, FIND and Brevard County has put together a win/win situation for everyone involved in the project; and the Board can see that in its presentation materials.  He stated FIND would like to encourage the Board’s positive support for the conceptual approval; FIND is at a critical junction in terms of meeting its commitment to its partner in the Intracoastal Waterway, which is the Army Corps of Engineers; and positive approval is needed today by the Board of County Commissioners.

 

Maureen Rupe stated she represents the Partnership for a Sustainable Future; the Partnership fully supports the negotiations between the EEL Program, FIND, and the third-party landowners to accomplish a land swap to save this environmentally crucial pristine Atlantic Coastal Ridge.  She stated the Valkaria  Coastal Ridge  is the best example of a once wonderful coastal system that is no more; it is home to the Florida Scrub Jays, gopher tortoises, sand hill cranes, bald eagles, and the bobcat; and she asked the Board to take the first step in the negotiations.

 

Motion by Commissioner Bolin, seconded by Chairman Nelson, to authorize staff to proceed and finalize details for exchange of property between Environmentally Endangered Lands Program, Florida Inland Navigation District, and Bruce and Craig Graham.  Motion carried and ordered unanimously.

 

 

 

Commissioner Infantini stated she has concerns about waiving the taxes because the Board keeps waiving future taxes, yet it is not sure where the budget is going; and at some point, the Board should get a grip on how many taxes it has waived before it goes forward waiving more taxes.  She stated she is not comfortable moving forward on anymore until she sees a list of how many the Board has waived in the past two years, and how much money that amounts to before going forward with waiving more, because the Board does not know how much money it is going to have to spend as it is.

 

Commissioner Bolin stated with this particular company there are a lot of rules and regulations in order to get the Tax Abatement, and they anticipate bringing in 20 new jobs; and she believes very strongly that the Tax Abatement is worth it.  Chairman Nelson noted it is 20 jobs with an average salary of $61,800; also, it is a citizen-approved abatement; the citizens of Brevard County have voted twice to create the program; it creates jobs in the community; and he thinks it is a good program.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Economic Development Tax Abatement Resolution qualifying Globe Wireless as an eligible business under the County’s Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered; Commissioner Infantini voted nay. 

 

 

 

Carol Korwan stated she has lived in Brevard County for 36 years; and she has lived in Mims for 22 years, which is where she resides on two and a half acres.  She stated everyone has a home on land that they keep clean; she has two issues on the trash collection; and she will address the leaf situation first, as it is the one that has just come to her attention.  She noted ever since she has lived in Mims she has had a lot of trees; she manicures her whole property and keeps it clean; for years, she burned her leaves, but that has not been allowed since 1998 because of the fires; and so the leaves have to go somewhere.  She stated she started bagging the leaves; the trash company would pick up the leaves in bags; first, the trash company did not want the leaves in bags, but they  have  to go in something;  the  trash company would rip open  the bags and throw them on the ground to blow all over the place; and then there were fellows who would just take the whole bag.  She stated now she has been informed the trash company cannot mix the plastic and the leaves, which is understandable; she got a call three weeks ago from Waste Management and was told they cannot pick up the leaves with the bags; she will have to buy hard containers; but with two and a half acres, twice a year she puts out approximately 40 bags of leaves; and she will need 20 containers that she will have to worry about storing during hurricane season.  She stated her solution is for Waste Management, as they have done in the past, to pick up the bags, take them to the truck, rip them if they want, and take the leaves, but throw the plastic bags in a container she will leave for them; but Waste Management has told her they cannot take the leaves in bags; and on the day she was called, she had just put 16 bags of leaves by the street.  She stated it is a situation that everyone is going to keep getting; there needs to be a place to put the leaves; the County will not let her burn the leaves; she cannot put the leaves in her truck and drive up and down U.S. 1; and she needs to know what she is supposed to do with her leaves. 

 

Ms. Korwan stated the other issue she would like to speak about is the way her normal household trash is being picked up; no one has to know the garbage schedule in Brevard County, all one has to do is drive up and down the road to be able to tell what days the trash was collected; there is litter on the roads; and it is not just the trash pick-up, as it is also the recycle pick-up.  She stated the trash men do not care what they do with the containers; they fling the cans out in the road, they fling the lids down the street; and she has watched them dump the trash and tip the can upside down in the middle of the road.  She stated she is sick of dodging trash cans and lids; it is not safe; she needs some answers or committees to follow the trash collectors to see what is being done right and what is being done wrong and get it corrected.  She stated she hopes the Board will consider discussing the issue and come up with some solutions.

 

Chairman Nelson stated Solid Waste Director Euri Rodriguez did a report for the Board; and inquired if there are any alternatives.  He inquired if Waste Management were to collect bags, what would the alternatives be for the Commission.  Mr. Rodriguez advised there are one or two alternatives that are feasible; the first alternative is to collect the bags and take them to the landfill and de-bag them at the landfill at a cost of $9.00 per ton; and that would more than double the cost of handling yard waste.  He stated the other alternative is what is currently being done by not accepting yard waste in bags; that is because the waste is used for landfill cover in order to avoid buying dirt; and when plastic is mixed with the mulch itself it could, or could not, be considered by the inspector to be flagged, which is garbage showing through the cover.  He stated approximately 40,000 tons of yard waste is sent to Polk County; if it contains plastic, they will return it; and he has already had one returned to him, for which the County has to pay for the return trip of the yard waste.  He stated there are not many alternatives unless the Board wants to enter into negotiations with Waste Management to provide that service, because it is currently not in the contract.

 

Chairman Nelson stated he is not inclined to want to raise rates; but it is something the Board can look at as it re-negotiates the contract in four and a half years; and he is not anxious of doubling the cost of garbage collection for bags.  He stated another alternative could be for people  to  pile  up  the  leaves  or yard  waste and  call for a truck to come pick it up.  Chairman Nelson inquired if Mr. Rodriguez could talk to Ms. Korwan about some of her alternatives within the existing contract. 

 

Commissioner Bolin stated she cannot resist saying how wonderful the cart system is.  Chairman Nelson stated it is also expensive; the dilemma is that even the cart system does not deal with that kind of volume; and that will always be the problem.  Commissioner Anderson stated he has the same complaints in his district. 

 

 

Chairman Nelson read into record the Notice of Attorney-Client Private Meeting as follows:  on Tuesday, May 19, 2009, at 11:30 a.m., or as soon thereafter as possible, the Brevard County Board of County Commissioners will meet for the purpose of discussing settlement negotiations and/or strategy related to litigation expenditures in Roberts v. Brevard County, Case No. 05-2007-CA-017136-XXXX-XX; the persons attending the attorney-client private meeting will be:  Robin Fisher, County Commissioner District 1; Chuck Nelson, County Commissioner District 2; Trudie Infantini, County Commissioner District 3; Mary Bolin, County Commissioner District 4; Andy Anderson, County Commissioner District 5, Stockton Whitten, Interim County Manager; Scott L. Knox, County Attorney, Morris Richardson, Assistant County Attorney; and Angel Hampton, Brevard Associated Court Services, Inc.  He advised the attorney-client private session will be held in the County Manager’s Conference Room, Third Floor of Building “C” at the Brevard County Government Operations Center, 2725 Judge Fran Jamieson Way, Viera, Florida, 32940; and the estimated length of the attorney-client session is one hour or less.  

 

 

The Board recessed at 12:30 p.m. and reconvened at 1:56 p.m.

 

 

Chairman Nelson announced the public meeting is now reopened; and the private attorney-client meeting in Brevard County v. Jorge Gomez has been terminated.

 

 

 

Commissioner Bolin stated she would like to announce there is now an Interim President of Space Florida; yesterday, the executive at the board of Space Florida has appointed Frank DiBello as the Interim President of Space Florida; and Mr. DiBello is one of the Board’s consultants from the EDC.

 

 

 

Commissioner Bolin stated she would like to thank the Commissioners and the people of Brevard County for the kindness shown to her during the change in her life; and she and her family traveled to Arlington Cemetery to do the internment of her husband, Bob, with full military honors by the Marines.  She stated the most exciting thing was to see her nine grandchildren watching the ceremony and being so proud of the military.   

 

 

 

Commissioner Anderson stated he would like to update the Board on his Friday’s in the Field; the Friday before last, he went to Habitat Golf Course; and the staff at the golf course is doing a wonderful job with the maintenance.  He noted last Friday he toured Desiree Ranch; it is an unbelievable operation; everybody always talks about the County being sensitive to environmental needs; the Ranch has a Wood Stork rookery that is phenomenal; and he has never seen so many birds on one island.  He stated the Ranch is doing everything it can to contribute to local economy through agriculture; and it is looking out for the future of the environment in the area.

 

 

 

Commissioner Infantini inquired if staff could give the Board some comments about the Agenda Item.

 

Assistant County Manager Mel Scott stated essentially what staff is doing with the Surface Water Working Group is trying to accumulate and bring together a broad range of interests that have a stake in the surface water issues in the County; and staff is going through the goals of the Comprehensive Plan Policy and the Ordinances which provide regulatory oversight to the standards of surface water bodies.  He stated in some instances staff is working through some conflicts that exist between regulations; in other circumstances staff is seeing that the outcome it was seeking to achieve, staff may be overreaching from a regulatory perspective; and staff may have more innovative means to get to where it wants to be.  He stated the purpose of the Agenda item is to simply allow the Surface Water Working Group to meet through the summer and wrap things up in September 2009; and it is simply extending the Resolution which created the Group.

 

Ernie Brown, Natural Resources Management Director, advised the Comprehensive Plan is the over-arching document that is implemented through the Ordinance itself; the Ordinance has needed to be updated for many years; and staff is going through that process.  He stated the Board has embraced the very open public process for the tasks force for ordinances, and it has proven to be very effective; but it is just taking longer because of complexities associated with it. 

 

Commissioner Infantini requested a copy of the recommendations; that was her point in asking why have the Group go forward when they have been meeting for 15 meetings; inquired what has been accomplished; and inquired if she can have a copy of the recommendations thus far.  Mr. Brown replied absolutely; on the Office of Natural Resources’ website, all the meeting minutes are  posted,  along  with  the  progress that  has been made and the draft revisions; and once the task force has completed their work, they serve those recommendations up to the Board for its consideration.  Commissioner Infantini stated she is looking for summary version, as the minutes take a lot of time to go through.  Mr. Brown stated it is pretty complex to compile a summary at this point because it moves; but he can visit Commissioner Infantini in her office and go through it and answer any questions she may have.  Commissioner Infantini stated that would be fine.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve extending the Surface Water Working Group through September 2009 for the purpose of evaluating, improving, and making recommendations to the Board regarding amendments to the Surface Water Protection Ordinance.  Motion carried and ordered unanimously.

 

 

 

Commissioner Infantini requested input from staff on the recommendation; stated the Caribbean Conservation Corporation has been the one of record for a long time; and she would like to know if it can go out to bid rather than just continuously awarding it to one group.  She stated she knows there is space that can be used within the barrier island eco-system center; and one of the prior contracts come with a certain amount of office space.

 

Mike Knight, EEL Program Manager, stated Caribbean Conservation Corporation has been awarded once; this is will be only the second time; the first time was for a five-year period; and he does not know if there is any reason why staff could not go out to bid; but it will be difficult to find a group that has the level of expertise and the level of resources that the Caribbean Conservation Corporation has because they also provide an education staff member that works directly out of the building, which they pay the salary for that person. 

 

Chairman Nelson stated the Barrier Island Management and Education Center does not cost the Board anything; and the Board actually receives money from the Caribbean Conservation Corporation for the Center.  Mr. Knight stated that is correct.  Commissioner Infantini stated the Corporation has the opportunity to sell books and things like that to raise money.  Mr. Knight stated they cannot sell books for their benefit; any monies made through the gift shop are strictly to benefit the Center; but they can use the proceeds to pay for the salary of the individual that works out of the Center, but all the money has to come back to the Center; and it cannot be used for outside purposes.  Commissioner Infantini stated she would like to see some other groups offered the opportunity; it is similar to the Birdies and Eagles arrangement at the golf courses; and there may not be anyone else in the world that would want to do this; but there may be some other organizations that would like to have the opportunity to be that resource.  She stated she realizes it does not cost to the County to have this valuable resource; however, at times, people can take in $100,000 and pay out $100,000 in salary; and maybe her not-for-profit organization would like to be the ones to have that arrangement of revenue coming in and revenue going out.  She stated the Board needs to start opening up these processes to other groups rather than use a rubber stamp; and she is trying to open up the process to the public.

 

Don Lusk, Parks and Recreation Director, stated to his knowledge, the County has never opened up the Friends group process to any kind of competition because they usually come along with a particular cause; this would be a Board decision to open up Friends groups for a competition, then it will apply well beyond EEL in terms of what is being done with the Friends groups; and he would see the benefit Commissioner Infantini is talking about; but he thinks it would be very messy because the Board is going to move aside some groups that have a passion for what they do.  Commissioner Infantini stated the problem with that passion is that sometimes they take it a little too far and they start dictating policy within the facilities where they are working; she knows of one specific Friends group that is currently doing that; and other individuals are trying to work through that right now because some people become very territorial of what they are Friends of, and they do not let any other Friends in; and so she is trying to get rid of some of that. 

 

Commissioner Bolin stated the Caribbean Conservation Corporation is running the Barrier Island Management and Education Center very efficiently; and inquired if there have been any problems with them.  Mr. Knight stated there have been no problems with the Corporation at all; in fact, the group is running the Center’s gift shop and has actually brought in several hundred thousands of dollars in grants that have benefitted the site.  Commissioner Bolin stated the Corporation is doing what they are doing because they have the passion and desire to do this for the County.  Mr. Knight stated the Corporation has a mission specific to sea turtles and the Archie Carr Refuge.  Commissioner Bolin stated her personal opinion is there is loyalty with the group; and she would like to continue with the Caribbean Conservation Corporation as a thank you for all the work they are doing.

 

Commissioner Infantini inquired about the other groups out there that can never get in the door because the Board will not let them in.  Chairman Nelson inquired who created the group; with Mr. Knight responding it was started through Archie Carr; and he does not know what his particular role was, but he was one of the founding members.  Chairman Nelson stated the Corporation brings in a lot of money; the danger is if it is divvied up, there is not loyalty from anyone; there needs to be a long-term commitment in order to be successful with these groups because they have to build up over time; and if the Board was paying money, Commissioner Infantini would be right; but the Corporation is bringing money into the County that otherwise would not have been here.

 

Commissioner Infantini stated she recognizes that, but continually the County does business the same way; and at some point the Board has to be open to a little bit of change and expand its horizons.  She stated she is not saying there is another group that wants this, but to never open the doors to competition, there is no other group that can ever show the Board how incredibly loyal they are to the turtles on the refuge.  Chairman Nelson stated the equivalent would be in the Parks and Recreation world where there is the same kind of relationships with Little Leagues; inquired if the Board wants to look on an annual basis and see if there is a different Little League that wants to come in; and stated there cannot be success by dividing up the operation that way, as it kills the volunteerism that goes along with it. 

 

 

 

Motion by Commissioner Bolin, seconded by Chairman Nelson, to approve Agreement with the Caribbean Conservation Corporation, Inc. (CCC) for Barrier Island Management and Education Center; and authorize the Chairman to sign the Agreement.  Motion carried and ordered; Commissioner Infantini voted nay. 

 

 

 

Commissioner Infantini inquired if the contract is going out to bid; and inquired how long is the contract being extended.  Don Lusk, Parks and Recreation Director, replied it has been extended to December for the purposes of going out to bid, as Commissioner Infantini had requested.  Commissioner Infantini thanked Mr. Lusk for the information.

 

Motion by Commissioner Anderson to approve the Agreement to Extend and Amend the Existing Contract with Birdies and Eagles Enterprises that extends the term for providing concession services at Habitat Golf Course and amends Paragraph 2 for payments; authorize the Chairman to execute the Agreement to Extend and Amend Existing Contract; approve advertisement of a Request for Proposal for the food and beverage concession services at the Habitat Golf Course; and approve a selection committee and negotiation committee. 

 

 

Chairman Nelson inquired if Commissioner Infantini requested the contract go out for bid; and inquired if she does not support the motion.  Commissioner Infantini stated yes, she supports it; and inquired if Chairman Nelson supports the motion.  Chairman Nelson stated there will be a time when he will vote on it, but Commissioner Infantini pulled the item for discussion.  Commissioner Infantini stated Chairman Nelson was asking for a second, but she was not going to give it. 

 

Motion died for lack of a second.

 

 

Commissioner Bolin inquired what are the consequences if the item does not pass.  Interim County Manager Stockton Whitten replied in reading the Agenda Report, the Contract expires on June 1, 2009.  Commissioner Anderson stated his fear would be the Board would lose those revenues because if no one is buying food, the County would be impacted.  Commissioner Infantini stated that is true, and then the citizens would get mad that the Board waited too long; and then citizens would start demanding something out of their government such as getting things out to bid faster so there is not an interruption of service.  She stated she is just trying to get a lot of accountability; and that is all she is trying to get. 

 

Mr. Lusk advised the Contract expires on May 31, 2009.  Chairman Nelson inquired if there is an extension left on the existing Contract; with Mr. Lusk responding no, it was about to expire in March;  it  was  extended  long  enough  to  change  the  language  that  Commissioner  Infantini suggested be changed, when it was identified to go out to bid; and that was only extended to May 31, 2009.  Mr. Lusk noted there is not another Board meeting between now and the time it expires.  Commissioner Infantini stated maybe there should be a list of all of the contracts that are about to expire and bring them to the Board three months before they expire; and if there was a three-month window rather than a week, the contracts could get out to bid more expeditiously. 

 

Chairman Nelson stated the Agreement the Board entered into in March 2006 was for three years, expiring March 31, 2009; it had two, one-year extensions on the original Agreement.  Mr. Lusk stated he did not understand that was the question; staff needed to do something at the end of March; and staff came to the Board asking for an extension of the next term, which is when the language was changed to get the Contract to the end of May.  He stated Commissioner Infantini made her point well at the last meeting about not waiting until the last minute on things that staff and the Board would normally think of as routine renewals; and Commissioner Infantini has told him through emails that she wants it bid, and staff has tried to do that.  He stated the Board does not have to extend the Contract to December; December was optimal because there is equipment; if a new vendor is selected there needs to be time for the vendor to ramp up once they get the bid; and staff can slide it back if it pleases the Board; but there definitely needs to be a vendor at that location.  Commissioner Infantini inquired if there is a reason the Contract was not put out to bid when making the correction, so say the Board was going to be looking for a new vendor, or open the opportunity up for new vendors, when that March 31^st window came up.  Mr. Lusk stated he had no idea the Board was interested in re-bidding the whole thing; normally, when bid as a three-year agreement with two options to renew, it is put in there because if the Board does not like their business, there is an opportunity to get out of it; but at the same time, the vendor builds in five years worth of service and they would like to have it for five years; and staff is not used to, at the third year mark, going ahead and putting it out to bid.  He stated if it pleases the Board to do it that way, then it can be done that way in the future; but it needs to be remembered that staff came today with the renewal and the language changed that Commissioner Infantini requested.   Commissioner Infantini stated she is okay with it. 

 

Chairman Nelson inquired why Commissioner Infantini pulled the item if staff was doing what she asked them to do.  Commissioner Infantini stated she asked staff to put the contract out to bid, so she was surprised to be asking for another extension because when she asked for the change in the language, it was also her belief staff understood that she thought at that point the Board should start going forward with putting everything out to bid and not procrastinate; and if she was not clear, she apologizes.  Mr. Lusk stated the Contract has been extended through the end of May; when the Board looked at the item the last time, it was only an extension of time to change the language; via email he received the suggestion to take the Contract out to bid; and he has to come back to the Board to take it back to bid. 

 

Mr. Whitten stated staff is actually honoring Commissioner Infantini’s suggestion that the Board consider putting the Contract out to bid; but staff has to have some time to do that; and that is why Mr. Lusk is asking for the December extension. 

 

Motion by Commissioner Anderson, seconded by Chairman Nelson, to approve the Agreement to Extend and Amend Existing Contract with Birdies and Eagles Enterprises that extends the term for providing concession services at Habitat Golf Course and amends paragraph 2 for payments; authorize the Chairman to execute the Agreement to Extend and Amend Existing Contract; approve advertisement of a Request for Proposal for the food and beverage concession services at the Habitat Golf Course; approve a Selection Committee consisting of Parks and Recreation Director Don Lusk, Golf Operations Manager Jeff Whitehead, Parks Finance Officer Larry Wojciechowski, Central Area Parks Operations Manager Jack Masson, or designees, and a Golf Advisory Board Representative; and approve a Negotiation Committee consisting of Parks and Recreation Director Don Lusk, Golf Operations Manager Jeff Whitehead, County Attorney Scott Knox, and Parks Support Services Manger Marsha Cantrell, or designees.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini stated she sees staff needs an extra 62 days; and inquired when the Contract went out to bid.  Jim Liesenfelt, Transit Services Director, replied it was advertised on April 30^th and it will be opened on May 29^th; and so the extra two months gives staff time in case Ryder Transportation does not win the bid again, there is transition time.  He advised if Ryder is the winning proposal again, staff will work with them right away and get a Contract; and hopefully he can bring a contract to the Board in July.  Commissioner Infantini inquired why it takes over four months to put something out to bid; the Board approved it to go out to bid on December 16^th; and on April 30^th it went out to bid, so that was a full four months later.  She inquired if there needs to be more staffing; from her perspective, more things should be going out to bid; and if a department is short on staff, then maybe staffing needs to be ramped up because it is difficult to put things out to bid in a timely fashion. 

 

Steve Stultz, Central Services Director, stated the RFP process is more of a complicated process than a straight bid; the evaluation process is longer because there has to be a selection committee process; but staff normally tries to work backwards from a target date so there is plenty of time built in; and this is a rather complicated proposal for vehicle maintenance, so there are a lot of components in that scope of work.  Commissioner Infantini stated the RFP for the shutters at the fire stations; and she knows the Board approved putting that out to RFP in December or January.  Mr. Stultz stated he cannot speak to that because he does not know what the details are.  Commissioner Infantini stated she is just trying to find out how long the process is because when the Board approved the shutters for the fire station, that was done to shore it up for hurricane season, yet she has not seen it go out to bid; and she was concerned the Board would get into an emergency situation. 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve and authorized  the  Chairman  to execute  the  Agreement  to  Extend  Existing  Contract with Ryder Transportation Rental, Inc. to provide vehicle fleet maintenance and repair management services for Space Coast Area Transit for an additional 62 days, in order to complete the Request for Proposal (RFP) process until August 31, 2009.   Motion carried and ordered unanimously. 

 

 

Chairman Nelson called for the public hearing to consider a resolution vacating a portion of unimproved right-of-way in Indian River Park, as petitioned by Timothy C. Miller and Dan Kenna.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, to adopt a Resolution to vacate a right-of-way in Indian River Park as petitioned by Timothy C. Miller and Dan Kenna.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson called for the public hearing to consider ordinance amending Article VIII, Chapter 62, Site Plan Time Limitations and Expirations, Related Changes, and Exhibit References. 

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Ordinance amending Article VIII, Chapter 62, of the Code of Ordinances of Brevard County, Florida, entitled “Site Plans”; pertaining to time limitations for review and approval of site plans; providing amendments to exhibit references; specifically amending Sections: 62-3204 Subsection (g)(4)e, dumpster exhibit reference; 62-3204 Subsection (h)(1)e, adding the requirement of an update to concurrency form; Section 62-3204 revising reference letters in Subsections (h)(1)f, and Subsection (h)(1)g; 62-3204 Subsection (h)(2) deleted engineering revisions and moved to Section 62-3205 (c); 62-3204 Subsection (h)(3) and Subsection (h)(4) adding number sequence for reference; 62-3204 Subsection (h)(3)a, and Subsection (h)(3)b, certificate of occupancy timeframe deleted from this Section, revised and moved to Section 62-3205; 62-3205 Subsection (a) and Subsection (b) deleted time limitations of 6 months; 62-3205 Subsection (c) moved engineering revision language to Section 62-3204 Subsection (h)(2); 62-3205 revised time limitations to allow additional time for approval and construction; 62-3206 Subsection (d)(4)b.5, deleted reference to obsolete exhibits; 62-3206 Subsections (e) (1, 2, 3, 4, 5, and 6) deleted references to obsolete exhibits and replaced with correct exhibit reference; 62-3206 Subsection (e)(12)d, deleted reference to obsolete exhibits and  replaced  with  correct  exhibit reference;  62-3207 added language with clarification to time limitation waivers; providing for severability, providing for an effective date.  Motion carried and ordered unanimously. 

 

 

 

Chairman Nelson called for the public hearing to consider an amendment to the 2009 Consolidated Action Plan for Homeless Prevention and Rapid Re-Housing Program. 

 

Gay Williams, Housing and Human Services Director, advised this item is before the Board for public comment; and if there is not public comment, then she would ask the Board approve the amendment to the Consolidated Action Plan and authorize the Chairman to sign the amendment and the required certifications.  She noted the funding is being provided to the County; it is money specifically for homeless prevention and the rapid re-housing program; approximately $221,000 per year for three years is spent to prevent homelessness, providing housing relocation dollars which would be in case management, data collection, and evaluation; and the item will go out for Request for Proposals.  She advised it is specific in that the agencies that are selected must have and be on a homeless management information system so staff can get the data collection that is required on this grant.

 

There being no objections heard, motion was made by Commissioner Infantini, seconded by Commissioner Bolin, to approve the proposed Substantial Amendment to the Consolidated Action Plan for the Homeless Prevention and Rapid Re-Housing Program; and authorize the Chairman to sign the amendment and required certifications.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, convening as the Barefoot Bay Water and Sewer District (BBWSD), to approve advertisement for bids to contract for the replacement of the failed east treatment unit of the Barefoot Bay Wastewater Treatment Plant (BBWWTP); approve award to the lowest qualified bidder, subject to favorable review by the Contractor Review and Qualifications Committee; authorize the Chairman to sign the Contract Documents; and approve completion of actions necessary to secure financing for the project for future Board consideration.  Motion carried and ordered unanimously.

 

 

Jim Liesenfelt, Transit Services Director, stated the Board pays the Barefoot Bay Homeowners Association to provide transportation to the senior lunch site at the South Mainland Center; when staff was working on the renewal of the contract, the HOA indicated they did not have general liability policy, which he cannot waive; but the person that ran the van for 10 to 12 years gave up the use of the van and passed it to the homeowners; and there is a new person now who was unfamiliar with all the requirements.  He stated over the weekend he spoke to the HOA; there may be two solutions to the problem; the HOA is going out right now for a quote to see what general liability would cost to continue operating the van; and failing that, in early June, once School Board employees are on board again who are regular bus drivers, the Senior at Lunch program will continue for at least the next few months.  He stated he is requesting Board Direction to allow him to negotiate with the Barefoot Bay Homeowners Association to help them get general liability.

 

Chairman Nelson stated certainly the Board wants to work with the HOA, but it will come down to the issue of if the Board wants to require the liability insurance.  Mr. Liesenfelt stated the HOA has a meeting on Thursday in which they think they will be able to get a policy; and staff will work with the HOA on the contract language to make sure.  Chairman Nelson inquired if the Board could approve the item with the understanding that the Board would require the insurance.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to direct staff to work with the Barefoot Bay Homeowners Association (HOA) on the contract language for General Liability Insurance in the amount of $1 million, which is required by the Board, to provide transportation for Seniors at Lunch.  Motion carried and ordered unanimously.

 

 

Shannon Wilson, Deputy County Attorney, stated the report relates to the jail overcrowding lawsuit; approximately two years ago a new motion was filed in order to show cause as to why the County should not be held in contempt for violating some past orders in the jail overcrowding lawsuit; and there are some technical issues with respect to those motions.  She advised counsels for the County, the Sheriff, and the counsels representing the inmate class, got together and had a discussion about taking a different track instead of pursuing litigation; and one of those tracks was to hire a consultant, Judge Edelstein, who has served in this capacity in other jurisdictions around the United States, to come and do an overview of the County’s Criminal Justice System; and to look not only at the jail, but at other factors that impact the jail over which the County has less control.  She stated to a great degree, the Board funds the Sheriff’s budget; there are other entities in the Criminal Justice System that impact jail population such as the State Attorney, Public Defender, and all the elements to the Criminal Justice System; and Judge Edelstein agreed to accept the task and has been doing a study.  She noted Judge Edelstein presented a report to the Board in the middle of last year.  She stated that report was used to invite all the players to a mediation that was mediated by a Federal District Judge who was uninvolved in the actual overcrowding lawsuit itself; and as a result of that  mediation  effort  and  all  the  input  of  the  parties  and  all the cooperation of the parties, a series of efforts have been undertaken, some of which are detailed in the report that has been presented to the Board. 

 

Judge Edelstein stated he has done approximately 30 or 40 overcrowding studies over the years in the United States; and he has gotten more input and interest from the Board than he has had in any other place he has been.  He noted there has been progress made; he looked at a period of October 2007 to May 2008 and October 2008 to May 2009; and the admissions to the jail overall are down about six percent; but on the other hand, the pending case load has dropped by considerably more than that.  He stated part of what he is trying to do is to find out why this has been happening; ultimately, the goal is to eventually have the Federal Court dismissed because it will not need to be around anymore; and Brevard County can manage its own affairs without further interference with the Federal Court system.  He stated part of the problem was the that the system was not communicating with itself very well; a major change in the last year has been that people in the system are now talking with each other; and unlike having a County Government in which there is a chain of command and hierarchy, in the CJS, there are many hierarchies.  He stated now there is a greater level of cooperation throughout the justice system in the community and in part, that is resulting in a jail that is less crowded; he stated whether or not it is still overcrowded depends on what the Board assesses as the rated capacity of the jail; and one of the recommendations he is going to make is that that issue be put to rest by having a national association that everyone feels is credible, to come in and give a number of what the jail population should be.  He advised in the report, he stated that the jail has a number of different components leveled by the amount of risk for each part of the jail population; and what jails need to do is to be able to say, “here is our capacity for minimum, medium, and maximum security.”  He stated it is a more refined way of looking at the jail.  He stated the issue before the Board today is the question of why in this time of economic distress, does there need to be a new hire; particularly one with a five or six-figure budget number behind it; and the answer is that the system was not designed to be efficient.  He stated it is not a goal of the Justice System to be efficient, but it cannot survive unless the Justice System continually gets more efficient than it has been; it is not secret in the community a year and a half ago, it was projected that the closing of the Space Center was going to cost $1.4 billion; and there is no question that tourism is not what it was, and it may take some time before it recovers.  He advised there is going to be continued pressure on staffing the jail, staffing the prosecutor and defender, and it means the system has to do better with what it has.  He stated the purpose of the Jail Coordinator Position is to help people do something that is not first nature, but maybe second nature to people who function in the system; there has to be a higher level of cooperation, there needs to be someone who is not based in any one of the organizations, or does not have his or her own organization to go to the Board for money for, or to try to help out; and it takes someone who is neutral and someone who is knowledgeable.  He stated the new hire also has to be able sit down with the Sheriff, State Attorney, and Public Defender as equal, because this person will be asking those people to do things that run counter to the way things are normally done in justice systems in America; there has been major movement; but in order to carry the momentum forward, it is going to take a person who has the time and energy and the absence of political or organizational ties to be able to help make that happen; and ultimately it is the Sheriff, State Attorney, Public Defender, Defender, and Department of Corrections.   He stated all those  people need to come  together to the table in order to begin to work together more than they have.  He stated he has a report that was produced for a meeting tomorrow with the Federal District Court Judge; it is information that the State Attorney and the Jail has put together; and the title of it is, “The Realization of My Dream”; and it says, “Information System Work Group”.  He stated he has been struggling to get all the number crunchers together to say the numbers are needed; the Justice System needs an audit trail, and this is the beginning; and what he is wanting to get out of the next two days is the Board approving the position with a salary range that is flexible and does not exclude people who might be otherwise qualified, but does not create such a huge budget amount as to expose the Board and County Government to distain from those who would not be in favor of a position like this.  He stated there will be people who ask why the position needs to be filled.  He stated he is looking at a salary range of roughly between $79,000 and $99,000 per year, to give the County the ultimate flexibility to be able to bump it up if that is what it takes to get the right person; but something would still send the message that this is not a huge six-figure position the County is funding in this era of desperate time.  He stated what the position will help the Board do is to delay the day when it has to build another jail; it is to help the system improve itself in more of a business management model; to help it communicate more effectively; and to come up with a temperature, pulse, and respiration.  He stated the Board, along with everyone in the system, needs to have an agreed set of numbers which represent indicia of the health of the justice system and the jail in the community; the payoffs are amazing; as a result in the drop of the jail population, the number of assaults of inmates on inmates has gone down radically; the number of assaults on inmates on correctional officers has also gone down; and what that means is several things.  He stated it means there are fewer days off by correctional officers on sick leave; fewer calls to the infirmary with inmate injuries and other disorders; it means a generally lower level of stress at the jail, which translates into a more peaceful jail; and the other part is that the people that go to the Brevard County Jail, all get out sooner or later, but they all come back; and they are the people mowing lawns or washing dishes in restaurants; and a healthier jail means a healthier population being released back into the community, which means a safer and more secure community.  He stated he knows it is a big number, but it will take where the jail is now and move to the position in which the Federal Court will eventually say it is time to dismiss the lawsuit.

 

Chairman Nelson stated in talking with Judge Edelstein in the hallway, he had forgotten about the issues of what is in it for the Board, which is the reduction in inmate crime, the reduction in crime on inmates on corrections officers; and those are extremely important numbers.  He stated the position is as integral to law enforcement as funding the Sheriff because this is how we understand how people are moving through the system and keeps them moving through the system; and it got to the point where there were people sitting in jail that were there for longer than the sentence that they actually were going to be subjected to. 

 

Chairman Nelson passed the gavel to Commissioner Bolin.

 

Commissioner Infantini stated at this point she is not prepared to move forward on accepting a new position until the Board goes over all the positions within the Criminal Services Division that are supported by Brevard County, such as the Pre-Trial Release Program; and she would like to see an analysis of that and the results and how it is being worked releasing people before she goes forward approving a new position.

 

Commissioner Bolin stated she is not totally convinced the Board needs the highest caliber that Judge Edelstein has outlined in his report for the position; stated she thinks the Board can find a professional person who can deal with all the entities but would not demand such a high salary; and that is where she is having a problem.

 

Judge Edelstein stated it comes down to credibility; in looking nationally, he still maintains some contact with Court Administration, Prosecution and Defense, and with the Courts nationally because the work he does is mostly outside of Florida; to find someone with the level of experience with the understanding that the job takes, and to have someone to relocate from a place where they most likely have job security and are part of a pension system is a reality of life; typically, people who are going to be looking for a job like this are people who are already in public service at one place or another; and it would mean someone with a reputable experience who might have 15 or 20 years into a retirement system, giving it up in order to take what is a  very difficult environment in Brevard County.  He stated if the Board went down $20,000 from $79,000, it is not going to get someone who he thinks is equipped to do the job; in order to get someone who can do the job, they will have to come in from the outside who has no affiliation in Brevard County, who is independent enough to be able to stand up in front of the Board and tell it the truth; and it means someone who has the confidence of the Sheriff, the State Attorney and the Public Defender in order to get them to be able to do what they need to do. 

 

Commissioner Bolin stated she has met a lot of people in Brevard County who are not afraid to tell the truth.  She stated she understands Judge Edelstein’s concern of having someone who is not affiliated with Brevard County, and having someone come in from the outside; stated Judge Edelstein knows the situation the County is in right now with having so many people who are very intelligent and capable who are going to be losing their jobs; she thinks there are going to be a wide variety of people who have the capabilities and who can be a mediator between all the entities involved; and that is where she disagrees with Judge Edelstein. 

 

Judge Edelstein stated he is not suggesting there is not anyone in Brevard County who can do the job; what he is saying is that what the Board wants to do is have a significant enough salary in order to attract the best talent for the level of the job; and then at that point the Board can say it decided after interviewing a number of people it does not need to pay that much in order to get the person it wants.  He stated the Board can always go down, but it is difficult once the pool has been exhausted to be able to go back up again; and the other part is the longer the matter is delayed, the longer the Federal suit stays in effect.

 

Commissioner Bolin inquired if Judge Edelstein is giving the impression that there is going to be a big variable in whether or not the case will be solved.  Judge Edelstein replied he does not know.  Chairman Nelson stated he thinks the lawsuit will be solved; from his participation with the Federal Judge is that they are looking for assurance that the County is not going to just, in effect, put whitewash on it and then expect it to go away; and they are looking for something more  substantial.   He stated  the   funding  for the position  actually  came  from  other  vacant positions in the same Department; and at least the funding is coming from positions that were in the judicial side of the budget.  Interim County Manager Stockton Whitten advised there are three or four vacant Criminal Justice Department positions that would be utilized to fund the Jail Coordinator Position if the Board approves it today.  Commissioner Bolin inquired if that will hold true for this year, next year, and the year after.  Mr. Whitten stated the money is there this year; and it is a priority for next year; and the funding would continue next year assuming it is a Board priority.  Chairman Nelson stated it is not a one-time funding, which is what Mr. Whitten is saying. 

 

Commissioner Infantini stated she thinks it is speculation that this will wrap up the lawsuit; she agrees with Commissioner Bolin that the County has some well-qualified individuals; and she thinks there are a lot of people that in this economy would love to take the position for $50,000 if in fact the Board were to offer it.  She stated she would rather start at a lower number before jumping to a higher number; and if it turns out the Board does not receive any qualified applicants, it can always raise the price, but it is difficult to lower it.

 

Commissioner Anderson stated he is looking at the position and the example of duties; Brevard County has its share of attorneys and PhD’s who are unemployed who can do the job very effectively for a lot less money just to have the benefits for their families; and he thinks the range can be lowered, so he will concur with Commissioner Bolin and Commissioner Infantini.

 

Commissioner Bolin stated she would like to discuss if the Board is considering doing the actual position and making an adjustment on the salary, or is it addressing whether or not it wants the position at all.  Commissioner Infantini stated she would like to hold off on moving forward on the position just for a few months; there is going to be a new County Manager soon; the Board is going to be working on the budget; and to be taking away from vacant positions when the Board just laid off and furloughed many people seems to be not prudent at this point in time.  She stated the Board will only need to hold off for a few months until the whole plan is rolled out on the job consolidations; and she does not see a need to jump into, but put it back on the Agenda in four months, which will not hurt the lawsuit.

 

Commissioner Anderson stated he would like to be guaranteed of that; the last thing he wants is a situation where the Board gets a judgment and have to build a new jail; and the Board cannot afford that.  He stated maybe the Board can just wait until there is a new County Manager; he does not have a problem with that; but he does know the position is needed.  He inquired if Judge Edelstein feels it is time sensitive; with Judge Edelstein responding affirmatively.

 

Chairman Nelson stated he does not know what would change between now and then; and the lawsuit will not go away.  Judge Edelstein stated what is trying to be avoided is a trial date because the amount of money the Board will need to go to trial will cost many more times than the position calls for; and Judge Presnell will be looking for a sign of good faith that the County really wants to get rid of the lawsuit; and Judge Presnell may well say in the larger scale of things, this position is clearly necessary and it is not worth arguing over $20,000 per year if that is the difference between someone who can do the job and someone who cannot.  He stated the reason why it is time sensitive is  because the new person comes on board he can go away because he is doing a lot of the things that the Jail Coordinator position is supposed to do.  He stated now is the time for the position because the system is moving; the judges are doing better; people are cooperating; and he is asking the Board to fund the position and spend the extra dollars. 

 

Commissioner Bolin inquired who will be doing the interviewing for the position.  Judge Edelstein replied he had asked Ms. Wilson for the opportunity to be part of the process from afar and to help give some ideas on how the recruiting should be done, who should be the possible pool of applicants to look for; and he would come up with a draft of a questionnaire and something else to review the applications as they come in and to help guide the process in terms of who is going to be interviewed; and then he would work with personnel in coming up with some questions to be asked of the interviewees, and some kind of rating scale so that when the interviews take place, there is a valid reasonable process to make the final pick.  He stated the other part is the Constitutional Officers who are involved, the State Attorney, the Public Defender and the Sheriff and the County should be involved in doing the interviewing because that will be the person they will be meeting with periodically and will have to have their confidence. 

 

Chairman Nelson stated the Board would confirm the position, similar to how it handles Department Directors.  Commissioner Bolin stated her concern is that there will be a lot of people applying for the position that the Board cannot afford; and she wants to be clear that she feels the Board should have some control over what the final salary is going to be.  Judge Edelstein stated the position is the Board’s hire; it has to have the consent and approval of the other Constitutional Officers; but the Board is funding it; and since the Board is funding it, it is the Board’s decision.  He stated by setting the salary level with a top of $99,000, it is going to exclude a lot of people.  Commissioner Anderson stated with all due respect to Judge Edelstein, he can find 20 people in Brevard County that can do the job. 

 

Motion by Commissioner Infantini to accept the position with a salary cap of $50,000.

 

 

Commissioner Bolin stated she would agree to a cap of $60,000.

 

Commissioner Infantini stated she would amend her motion for a cap of $60,000.

 

Motion by Commissioner Infantini, seconded by Commissioner Bolin, to accept a report on actions taken as a follow-up to the report on jail overcrowding by Judge Edelstein; and authorize the Jail Population Management Coordinator position with a salary cap of $60,000.

 

 

Chairman Nelson stated his concern is that Judge Edelstein has the experience; and he thinks Judge Edelstein is trying to tell the Board that if it is going to get someone who is going to be successful, it is going to have to pay an amount equal to that.  He stated the Board can pay less, but it will get less.  He stated he truly believes that what is in it for the Board as a County Commission,  is that if it  does  not  get  its  hands wrapped  around this issue, it will  be building additional jail space; and this is an opportunity for the Board to try to capture that before it gets out.  He stated no one has been in the fight other than Judge Edelstein, who the Board has paid for, Ms. Wilson, who has done it as a second life, and himself; and it is a system that has a dynamic to it that until one gets in the middle of it, they do not realize how little they know about how things work.  Judge Edelstein stated since the Board has the ultimate say, he would ask the Board to have a salary range between $60,000 and $90,000 with the understanding that it is a Board item for it to approve the ultimate salary; and there could be a participant in the interviews; and if the Board found someone who it felt would be willing to take the position for $60,000, then that would be the best of all possible cases; but the problem is that it is a several month’s long process.  Chairman Nelson stated he does not have a problem with the $60,000 to $90,000 range as it gives the Board the opportunity to look and see what is available.  He stated the motion at this point is to cap the salary at $60,000.

 

Chairman Nelson called for a vote on the motion.  Motion carried and ordered; Chairman Nelson voted nay.

 

 

Chairman Nelson inquired if there is a volunteer on the Board to replace him on the Committee; and inquired if Commissioner Anderson would like to serve.  Commissioner Anderson inquired how often the Committee meets.  Chairman Nelson stated Commissioner Anderson can meet Judge Presnell tomorrow.  Commissioner Anderson inquired if he could have some time to consider it in order to get information; and inquired if staff could put the item on the Agenda for him in July.

 

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, convening as the Governing Board of the Brevard County Mosquito Control District, to approve the appointment and recommendation of Peter Taylor, Mosquito Control Manager of Operations, to serve in the statutorily required position of District Director III for Brevard Mosquito Control District; and authorize the Chairman to sign and execute the appointment and recommendation letter to the State of Florida Department of Agriculture and Consumer Services (FDACS).  Motion carried and ordered unanimously. 

 

 

Melissa Brock, Brevard County Health Department, stated the item is a request for the approval of purchasing enhancement to SansWrite Software for the local child care licensing program. 

 

Stockton Whitten, Interim County Manager, advised the bottom line is that the licensing of child care  facilities  has  been delegated  by   the  Board  to  the  Health Department;  the  State  has replaced requirements on those licensing agencies to provide additional information that is not provided currently; and the software will assist them in providing that information.  He stated it is an unfunded mandate; and it is the County’s responsibility of licensing of local child care facilities by agreement as delegated to the Health Department.

 

Commissioner Anderson stated the County provides the service, but the service could also be deferred if the Board chooses to the State Inspectors out of Orange County.  Ms. Brock advised that is correct.  She stated Brevard County is one of six local licensing agencies out of the 67 counties; so if the Board chooses not to provide the enhancements to the software, the other option would be to revert the program back to the Department of Children and Families.  Commissioner Anderson inquired what the implications would be if the Board did that.  Ms. Brock replied some of the benefits of having local licensing include local access to the daycare providers; Brevard County does have more stringent rules; for example, in 2005 there was a movement to have all the registered daycare homes convert to licensed family daycare homes; if it were to go back to DCF (Department of Children and Families), those licensed homes would go back to being registered; and registered homes, the Health Department does not do any inspections inside the homes, and there could be 10 children in the home that are never seen by the inspectors.  She stated the Health Department also provides a quicker response to complaints; the operators of the daycares would have to consult with the Orlando Office. 

 

Commissioner Infantini inquired where most of the complaints are generated; Ms. Brock replied most complaints are received from all of the licensing family daycare homes and child care establishments; the complaints are in reference to if a child falls and breaks an arm on the playground, those are very serious complaints; and the Health Department responds to the complaints jointly with the Department of Children and Families investigative department.  Commissioner Infantini stated she has seen both sides of the fence on this particular situation; and she believes there is a definite need for the monitoring, because otherwise it can get out of control; and she is in favor of the request.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to approve the purchase of enhancements to SansWrite Software for the Local Licensing Child Care Program as contracted by Brevard County in order to comply with Senate Bill 1510 requirements adopted by the Department of Children and Families.  Board approval results in a one-time expenditure of $26,620 from the County General Fund.  Motion carried and ordered unanimously.

 

 

Scott Knox, County Attorney, advised the Board needs an amendment to the Ordinance in order to proceed with the waiver; but it is not a problem if the Board just announces that it is going to do that.

 

Commissioner Infantini stated there is $734,000 in the trust fund, which is an accumulation over the years; there are a lot of opportunities as to where the Board can spend the money all in one year; she believes  staff is  going to ask the Board for another facility;  and she does not know if

the funds can be taken from this fund to support the other facility.  Chairman Nelson inquired if Commissioner Infantini is referring to the Fire Station; with Commissioner Infantini responding yes.  Commissioner Infantini inquired if money can be taken from the fund and put toward the Fire Station.

 

Dennis Neterer, Interim Fire Chief, stated Florida Statute 401 and 117 tells the Department of Health how the funding is supposed to be spent; he recalls seeing capital outlay type items, but not any CIP; but in terms of constructing buildings, he does not believe that was the intent; and the application from the Department of Health is in line with the Statute. 

 

Commissioner Infantini stated one of the facility portions Fire Rescue wants the Board to fund was an exercise room, which would be used daily.  Chief Neterer stated the enhancements to Station 48 are purely for the third bay, for the special operations vehicle, the training/multi-purpose room, and a fitness room; and the EMS component of the construction of that fire station is already covered by The Viera Company.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve awarding of EMS Trust funding to local EMS providers who have submitted grant applications, as recommended by the EMS Advisory Council; waive the requirement for matching funds; and grant permission to advertise ordinance modifying language to eliminate the matching requirement for future grant applications.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini stated she would like an update on the shutters; she was understanding the shutters were going out to bid by April; and now, Steve Stultz, Central Services Director, is not aware of it.  Mr. Stultz advised Facilities is overseeing that project; from the information he received earlier, the specifics of the Grant did not provide detailed specification; and Facilities staff had to go out and physically measure every window of every fire station, so the development of that bid package is taking longer.  Commissioner Infantini stated she just wanted to make sure it was done before hurricane season because that was the premise before the Board agreed to it.

 

Steve Quickel, Facilities Director, stated the Board approved the shutters in late February; and it involves 27 fire stations.  He stated Facilities had to get together with fire rescue to go out and look at the windows and doors, and then get an engineer on board; the design was just completed; and next week, Facilities will start the pre-bid process. 

 

 

Steve Stultz, Central Services Director, advised staff went out for bid for the Solid Waste Management Department for a project for the phased closure for the central disposal facility; it also involved landfill gas enhancements, and piping of the closure area for the methane collection; and four bids were received.  He  noted  the  low bid  was $6,187,429; the  other bids exceeded $7 million; prior to the established pre-qualification process, staff received a protest from the second low bidder; staff went through a protest committee meeting; the committee denied the issues of the protest until such time that the pre-qualification committee could evaluate the actual low bidder’s qualifications and their sub-qualifications; that was conducted last Thursday; and the pre-qualification committee dissected the project extremely well and considered all the low-bidders capability to perform that project.  He noted Friday afternoon he received a letter from the second low bidder saying they were satisfied with the protest procedures with the protest hearing and pre-qualification hearing; and so they have withdrawn their protest. 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to accept the Protest Committee’s decision to deny the protest received from SCS Field Services regarding the low bid of $6,187,429.20 received from MASCI Corporation; authorized proceeding with activities related to award subject to the recommendation of the Pre-Qualification Committee and review the approval of such recommendation by the Board of County Commissioners at a public meeting; and authorize the Chairman to execute the final Contract after review and approval by the County Attorney’s Office and Risk Management, due to the nature of the work and upcoming hurricane season.  Motion carried and ordered unanimously.

 

 

Ernie Brown, Natural Resources Management Director, stated on April 14, 2009 the Governor’s cabinet approved staff’s ability to get the grant funds for the project; Brevard County was ranked No. 2 statewide, with Sebastian being the No. 1 grant recipient; and now staff is moving to the execution of the actual grant contract.  He noted there is one change from the discussion with the Board in January relating to the confidentiality agreement that under Florida Statute, (Florida Communities Trust) FCT is required to enter into as the process moves along; stated he had made reference that he would like to bring the appraisals back to the Board and have them looked at before following the next steps; and with the confidentiality agreement, any Commissioner who would like to review those would need to sign the confidentiality agreement and then they can be involved in the process.  He stated the land acquisition committee would be doing the formal review, but if the Commissioners sign the confidentiality agreement they will be able to view them; stated 30 days prior to purchase agreement being presented to the Board, it then becomes public; and then the Board will be ready to proceed. 

 

Commissioner Infantini inquired if the Board has to accept the State’s appraisal.  Mr. Brown replied the appraisals will be required in accordance with the State process; if the Board disagrees with those appraisals, then the opportunity to not sign the final contract would be available; and there is not the ability to stop it mid-process, but if the Board unilaterally agreed that it is not the right price, then it would have the opportunity to say no at that point. 

 

Tom Norwood stated he represents Ricky Griffiths, who owns the majority of the Blue Crab Cove property.  He  stated  there  are  several  practical  reasons  for the project;  and there are several aesthetic reasons for the project.  He noted the project will benefit Merritt Island primarily because it is the entrance to Merritt Island; everyone who drives across the S.R. 520 bridge is going to see the project; it is either going to belong to the County or it is going to be a commercial operation; and it is already a viable commercial operation as The Crab Shack.  He stated the project will give greater public access to the waterways; it holds the key to the development to the marina because there is not adequate parking to develop the marina that goes along with the project without the land from the project being included; and presently it is part of a PUD (Planned Unit Development) authorized to have 66 condominium units on the property; but it has become economically not viable to put that kind of an operation in at this time.  He stated the other practical point is that the project establishes two parks; currently there is the Waterway Park along the Indian River; and the new park would be adjacent to the Waterway Park, linking the facilities.  He stated the project will meet the criteria set by the State for Brevard County to have a viable fishery; people will be able to sell their catch to Mr. Griffiths; and fishing has been reasonable lately with more crabs in the river.  He noted the project will be a focal point for Merritt Island and a source of pride for the people who live on Merritt Island; it will be designed for greater family use; and it will be an asset to the County and to Merritt Island.

 

Chairman Nelson passed the gavel to Vice Chairman Bolin.

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to authorize the Chairman to execute Florida Communities Trust (FCT) Grant Contract; accepted the FCT Statutorily imposed confidentiality provisions; and acknowledge legal venue of Leon County for a recently awarded FCT Stan Mayfield Working Waterfront Grant. Motion carried and ordered unanimously.

 

 

Vice Chairman Bolin passed the gavel to Chairman Nelson.

 

 

Commissioner Infantini stated she would like the contract to go out to bid; stated she would not like to piggyback on the contract that Ft. Lauderdale has with Rene Bates Auctioneers, Inc.; and she realizes it is at no cost to the County, but there are other auctioneers that would also not cost the County money. 

 

Chairman Nelson inquired who won the contract the last time it was up for bid. Steve Stultz, Central Services Director, replied the last time it was bid was in 2005 and Rene Bates won the bid; and there were two responses.  He stated the advantages of the Ft. Lauderdale contract over the previous contract is that it is a straight four percent commission of the sales receipts; on smaller sales, the breaking amount is approximately $275,000; and anything under $275,000, the County gets a better return off the City of Ft. Lauderdale contract.  He stated the other rate on the previous contract was 10 percent for the first $100,000 and three-quarters percent for anything over $100,000 in returns.  He stated the advantage of the Ft. Lauderdale contract is that it allows the County to have more frequent sales; the big advantage of that is the County does not have to pool and let the equipment stand an extended period of time; and it allows the County to sell smaller amounts of pieces more frequently.  Chairman Nelson inquired if it was bid by Ft. Lauderdale; with Mr. Stultz responding affirmatively. 

 

Commissioner Infantini inquired how many people applied for the Ft. Lauderdale bid.  Mr. Stultz responding he does not know, but he can find out.  Commissioner Infantini inquired if the Board had decided to implement local preference.  Commissioner Bolin advised the Board is working on the local preference and information is being gathered for a presentation; and the Board will be addressing it in July.  Commissioner Infantini stated she would like to see the contract go out to bid. 

 

Commissioner Bolin inquired if there is a time element for the Board to renew the contract.  Mr. Stultz advised the extension would be for one year, which would coincide with the City of Ft. Lauderdale’s agreement.  He stated staff can go out for a Request for Proposal; some pieces of equipment may have to be stored longer on the first sale; but it is the pleasure of the Board.  Commissioner Bolin inquired if there is a sale pending with Rene Bates Auctioneers providing the services.  Mr. Stultz stated he does not think there is anything in the near future; but there may be a sale in approximately three months; and the last sale was rather large with over 300 pieces of equipment. 

 

Chairman Nelson stated it is not uncommon to piggyback contracts; it can be to the County’s advantage in this case; it was discussed earlier about Mr. Stultz not having enough staff; but the Board keeps giving more things to Mr. Stultz to do, without giving him more employees.  He stated the Board can discuss hiring additional employees for Central Services; but as far as he is concerned the contract is a simple item.

 

Chairman Nelson passed the gavel to Vice Chairman Bolin.

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to authorize the Chairman to execute a one-year renewal option and subsequent renewals for the existing County Contract #4635 with Rene Bates Auctioneer Services for auctioneer services for disposal of excess or surplus County equipment.  Motion carried and ordered; Commissioner Infantini voted nay.  (See page                                 for Written Notification of Contract Renewal.)

 

 

Vice Chairman Bolin passed the gavel to Chairman Nelson.

 

 

 

Commissioner Infantini stated regarding the caretakers, there are a couple of things she would like to see added; if people are going to be caretakers of County facilities, they should have to take a drug test because she would not want people living on County property that are using drugs; and anyone living with the caretaker should also have to take a drug test.  She stated one of the facilities is on the beach.   Mel Scott, Assistant County Manager, advised there is one being constructed south of Publix in the beach community of Melbourne Shores.  Chairman Nelson stated it is the replacement of one that was damaged during the hurricanes. 

 

Chairman Nelson stated he had some concerns about the County employees; and he thought Parks and Recreation had some concerns as well.  Stockton Whitten, Interim County Manager, stated the item is not time sensitive, so the Board can address either issue.  Chairman Nelson stated he would like to have it reviewed.  Commissioner Anderson stated a Sheriff’s Deputy could be considered a County employee; and he does not want to refuse a deputy from living there. 

 

Chairman Nelson stated there are also circumstances in which in the campgrounds, the person who runs it may be a County employee, and those conditions need to be further clarified.  Chairman Nelson directed staff to clarify drug testing of caretakers, and using County empoyees as caretakers in Policy BCC-76, and bring the item back to the Board at a future date.

 

 

Dennis Neterer, Interim Fire Chief, introduced Robert Securro, who is the District Chief of Special Operations; he oversees hazmat rescue; and he is the Florida Fire Chiefs Association Chairman of the Hazmat community on a statewide level. 

 

Chairman Nelson stated through the DRI, The Viera Company is going to pay for the basic fire station; but the Board would like to see it expanded to handle special equipment; and it would be at the Board’s cost.  He stated the question for the Board is how would it like to modify that.

 

Commissioner Bolin stated the fire station will be on the west side of I-95; her concern is that it is in an area that is not going to be totally residential for a while; but there are major facilities in the area that are being developed and serviced by the fire station; and her preference is to build the larger fire station because the third bay is necessary.  She stated in the area the fire station will be servicing is the stadium, the School Board, government facilities, The Avenue, Viera High School, and now ground is being broken for the new hospital; and there will not be another fire station built west of I-95 for many years. 

 

Chairman Nelson stated he is in support of the larger fire station; he has gotten more calls about when the station is going to be constructed than any other fire station because of the concern of it being west of I-95 and with the population being built there; and he concurs with Commissioner Bolin that it needs to be a larger station. 

 

Commissioner Infantini stated she would like to see a smaller version of the fire station; she agrees to adding the extra bay; but adding the fitness and training room is not necessary at this time.  Commissioner Bolin stated the larger fire station is needed because it will be a staging area for all the other fire stations who will be coming to assist in the time of a tragedy; if there is a tragedy, there is no way for rescue vehicles to get through Wickham Road in a timely manner; and there needs to be room to accommodate fire stations that may need to come to Viera from Orlando or Palm Bay.

 

Commissioner Anderson stated it was his understanding that when the beachside stations go down during a hurricane evacuation, the additional square footage would accommodate those fire fighters who are on lockdown.  Chief Neterer stated that is correct.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve funding construction costs of $390,000.00 in order to modify and increase the size of the fire station from 5,710 square feet to 8,720 square feet.  Motion carried and ordered unanimously.

 

 

 

Gerry Visco, Insurance Director, stated the requested funds will be to cover the cost of premium for the property insurance program, which is the insurance coverage for the County’s buildings, structures and contents; it is a projected flat renewal from the current program, meaning staff is going to go shopping with the same money it went out to market with last year, and will be allowed to purchase whatever the market will allow.  He stated the premium will be held in place; and staff will see what it can do to restructure the program to keep as much of the limits and coverages in place as it currently enjoys for the same premium.  Commissioner Infantini stated when she was looking at the insurance records for the Gallagher Company, it looks as if there are different layers; and inquired how many years in a row has the Board used the Gallagher Company.  Mr. Visco replied it has been approximately one year; and this would be the second renewal of a five-year contract.  Commissioner Infantini stated she shows records that go back longer with County Finance; and inquired if the Gallagher Company provides other types of insurance.  Mr. Visco advised Gallagher Company was the broker of record several years ago; for the past five years, the County was with Brown and Brown of Daytona Beach; and prior to Brown and Brown, the County was with A.J. Gallagher for many years.  Commissioner Infantini stated it does not look like all of the $2.5 million expires right now; it looks like there is something called New Commercial Property that was expiring; and it looked like two different firms were being used to cover the same general type of property.  Mr. Visco stated he is not sure which exhibit Commissioner Infantini is looking at, but there is a structured property insurance program, in which there are several carriers participating to build layers towards the total limits of coverage that is needed; in this marketplace it is very difficult to find a single entity willing to sell all that is needed to cover $800 million worth of assets; and the Board will see multiple policies that look like they overlap, but it is really a structured program.  He stated what is expiring right now is the insurance coverage for the real and personal property of the County; there are several carriers involved in that; and that program is split into municipal buildings, utility structures, or boiler and machinery coverage, which the Board will be renewing for June 1, 2009.  He stated after that, there are October 1, 2009 renewals for the balance of the casualty insurance program, which is workers Compensation, General Liability, Automobile, Aviation, Pollution, and all the other specialty coverage that is required.  Commissioner Infantini inquired if many of the policies are expiring on June 1, 2009; with Mr. Visco responding affirmatively.  Commissioner Infantini inquired if there is enough time to shop the insurance and perhaps put them out to bid because it is a lot of money; and not all premiums are going up. 

 

Interim County Manager Stockton Whitten stated the Gallagher Company is the broker that is going to  shop for the  County.   Commissioner Infantini inquired if the County  cannot do its own shopping because brokers earn a commission.  Mr. Visco stated the contract the County placed with A.J. Gallagher and all the County’s brokers are for a flat fee, they do not work on commission; and so it is not an issue of how much business they place generating their revenue.  He stated in terms of how the County acquires the product, commercial insurance of this nature is not something staff can address directly and get carriers to work with staff; and all that work must be done through agents and brokers.

 

Judy, with A.J. Gallagher, stated the insurance industry when purchasing commercial insurance is very different from personal insurance; counties with large portfolios must utilize brokers; she has to utilize intermediaries to access insurance companies because they will not do business directly.  She stated to the Board’s benefit in its procurement process in selecting Gallagher it is a negotiated fee for service, so there is no commission.  She stated a fee-based compensation removes the incentive from an agent to maybe not sell the most competitive price program; but that is not her; and she has been working in government business for a long time.  She stated last year Gallagher reduced the County’s premium by $1,064,000 by restructuring the policy from the prior agent; and Gallagher also improved the amount of insurance the County had on its facilities. 

 

Commissioner Infantini stated she still feels uncomfortable; she does not believe there is only one company that does commercial brokering of insurance; and she is uncomfortable because some of the insurance is going to lapse on June 1, 2009.  She stated frequently things are brought to the Board at the very last minutes with very little time for discussion; and she would like to see some type of program where the Board gets things two months early.  Assistant County Manager Frank Abbate advised that is not an option with this type of insurance; the Board will not get the insurance carriers to give it the layered product a month or more in advance; fortunately, staff has been through this on many occasions; and in other areas staff will get information to the Board in a more timely manner; but he can assure that that opportunity does not exist because of how the market functions.  Commissioner Infantini inquired if she can get a list of what the insurance encompasses; there is the excess workmen’s compensation, and the auto insurance; the excess workman’s comp is $405,000; the auto insurance is $91,000; and perhaps she could see some type of list.  Mr. Abbate stated those items are not part of what the Board is approving today; and those are coming to the Board in October. 

 

Mr. Whitten stated staff will bring Commissioner Infantini a report on the bids that have been brought before the Board; with the majority of items brought before the Boards, the Board has had sufficient time to make good sound decisions; and it is only the cases in which there has been some oversight. 

 

Motion by Commissioner Anderson, seconded by Commissioner Bolin, to authorize the Insurance Director to bind/secure placement of the County’s Property insurance coverage with an effective date of June 1, 2009.  Motion carried and ordered; Commissioner Infantini voted nay.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to accept the invitation for the Edward Byrne Memorial Justice Grant; designate Brevard County Sheriff’s Office as the coordinating unit of government; and authorize the Chairman to execute any necessary documents.  Motion carried and ordered unanimously. 

 

 

J.B. Kump stated the State of Florida is the most attractive sport fishing state in the union, above all others competitive, such as California and Texas; and he wants to make sure it stays attractive to sport fishermen, domestic and foreign.  He stated Brevard County has an opportunity through the Florida Marine Fisheries Enhancement Initiative, in which Hubbs-Sea World Research Institute and Florida Institute of Technology, and others are participants.  He stated in looked at the viewpoints of federal elected officials, they like to know that if they are going to build a bridge to anywhere that they have local lawmakers support; and the federal elected officials need to know that Brevard County stands behind the effort to make and keep Florida as the No. 1 sports fishing destination.  He stated the good news is that there will be jobs created in the process; and what he is asking the Board to do is sign a letter to the two Senators and the District 15 Representative issuing its support for the project.

 

Commissioner Infantini inquired if the fish will be placed back in the Lagoon.  Mr. Kump advised there will be indigenous fish that will be placed in the Lagoon replenishing the fishing population.  Commissioner Infantini inquired if the fish will be something the Board will have to purchase; with Mr. Kump responding the first step will be brood stock, which will be the adult fish, from which the eggs will be gathered; and that facility is in place and will be opened in September publicly, which will be farmed out to 11 other facilities up the east coast to grow the fish into viable fish that will be replenishing fisheries up and down the east coast.  He noted there will be another brood stock for the west coast because of the genetics of the two species.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to authorize the Chairman to sign letters of support to Senators Nelson and Martinez and Representative Posey on behalf of the Florida Marine Fisheries Enhancement Initiative (FMFEI) undertaken by Hubbs-Sea World Research Institute.  Motion carried and ordered unanimously. 

Beth Mitchell stated she is the Director of the Sebastian River Area Chamber of Commerce and is also a Sebastian  Inlet  District  Commissioner;  and she is here today as the Chairman  of the Indian River Lagoon Scenic Highway Coalition.  She stated U.S.1 has been designated as a scenic highway since early 2000; the Coalition is proposing an extension of the scenic highway that will run from Micco Road to Babcock Road, and from Babcock Road to Fellsmere Road, and then back out through Sebastian.  She introduced Susan Adams, Mayor of Fellsmere; and stated if the Board wants to see a presentation, she is prepared.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to adopt Resolution supporting the Extension of the Scenic Highway Designation on South Babcock Street running north to Micco Road, east to U.S. Highway 1, in South Brevard County.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini inquired if not one of the three could possibly be covered by any of the Community Redevelopment Agencies.  Ernie Brown, Natural Resources Management Director, stated not as of yet; however, if Commissioner Infantini would like to extend the boundaries of the MIRA District, staff can do that.  Commissioner Infantini stated no, she would not like to do that.  Commissioner Infantini inquired if stormwater fees are accumulated by District; with Mr. Brown responding that is correct.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Agreement with the State of Florida Department of Environmental Protection for cost-share funding for the Merritt Island Airport Pond and approve associated budget change requests as needed.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to grant permission to advertise for construction bids; authorize the Chairman to execute Contract with the lowest successful bidder on behalf of Brevard County; and authorize any budget change requests as needed for completion of Upper Eau Gallie Drainage Improvements – Washingtonia Culvert Upgrade.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to execute Grant Agreement with the State of Florida Department of Environmental Protection to provide financial assistance for the Sykes Creek and Banana River Water Quality Retrofit Project; authorize the advertisement for construction bids; authorize the Chairman to execute a Contract with the lowest successful bidder on behalf of Brevard County; and authorize budget change requests as necessary.  Motion carried and ordered unanimously. 

 

                            

Upon motion and vote, the meeting adjourned at 4:04 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    CHUCK NELSON, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)