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

The invocation was given by Pastor Elmer Floyd, Eastminster Presbyterian Church, Indialantic.

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

 

RECOGNITION, RE:  CITIZENS ACADEMY GRADUATION

 

Howard Tipton, County Manager, stated a great way to learn about County Government is through the Citizens Academy; it is a wonderful program that has a long history in Brevard County; he would like to introduce Frank Abbaleo and Carrie Cotter who will introduce each of the most recent graduates; and looks forward to the presentation.

 

Frank Abbaleo, Human Resources Office, stated he comes before the Board today, to recognize a special group of citizens who have taken their time to complete Brevard County's Citizen's Academy; and the purpose of the Academy is to offer all Brevard residents the unique opportunity to learn how the many departments that fall under the County Manager's Office operate, and to provide insight as to how it functions.  He stated the Citizen's Academy also acts as a conduit, to promote open lines of communication between the citizens and County staff; it provides information on the many services offered to citizens and how to utilize its services.  He stated the Citizens Academy is an eight-week interactive learning experience and meets once a week for three and one-half hours, plus three Saturday field trips; this group of citizens were very interactive, with 100 percent participation, and added to the class as being informative and educational.  He mentioned the Citizens Academy accomplished everything by having representatives of 21 departments, with an overview of departments operations and responsibilities; at the end of each presentation there is a question and answer period; the three Saturday field trip offered over 75 hours of education of how the County operates and functions; and the field trips locations were the South/Central Water Treatment Plant located just minutes from here where there is 200-plus acres of manmade wetlands, showing how wastewater from homes and businesses are pumped into the plant and recycled into reclaimed water and returned to be used for irrigation purposes and support the 200-plus acres of manmade wetlands adjoining the treatment plant; the second field trip was to the Cocoa Landfill, which now stands 115 feet above sea level and has the capacity to go to 205 feet by the year 2014; the third field trip was Country Acres, the County's home for children ages six to 17 who find themselves in need of temporary care and housing; this facility can accommodate up to 24 children, which would be 12 boys and 12 girls; residents at the facility must attend public school, have the opportunity to attend churches of their choice, and be in Cub Scouts, Reserve Office Training Corps (ROTC), band, and several other sports; and the next Saturday's field trip was the Detention Center at the County Jail, and the population for the last five years that the Citizens Academy has been touring there has been 1,400 to 1,800-plus inmates, with this year being no different.  He stated the main jail and mental health facility was toured, which is now about three years old; it is broken down into five housing areas, which are two for special mental health needs and acute mental health needs, two medical areas, and there is an infirmary and a recreation yard; and this new facility has the capacity for 346 inmates and has helped reduce the overcrowding of the inmates in the main jail.  He expressed his thanks to all of the departments that participated this year, in particular to those employees who put together presentations for classes and answered the many questions asked by the students; this group of graduates has been an exceptional group; and on behalf of the entire staff that comprises the Citizens Academy, he thanks them for their participation and input.  He stated he would like for Carrie Cotter to come forward, and expressed his thanks to her for keeping this program on track.  He stated there are eight participants that were unable to attend today.

 

The Board recognized the Spring 2010 Graduating Class for the Brevard County Citizens Academy as follows:  Roy Adkins, Susan Adkins, Stanley Allen, Judy Cinnchetti, Ted Cinnchetti, Coe Cribbs, Luke Crisafulli, Libby Duncan, Tom Gill, Cheryl Heinbaugh, Jack Holmes, John Hudacek, Marcus Ingeldsen, Pamela Innis, Joyce Johns, Roy Johns, Mary Lang, Ronals Lang, Cyril Matthews, James McNulty, Ruth Morrison, Norman Murphy, John Pavel, Mary Pavel, Jerry Phelps, Karen Sexton, Jan Siren, Mike Talay, Sally Talay, Douglas Tambor, Carolyn Thompson, George Thompson, Edward Tierce, and Richard Ware. 

               

 

RESOLUTION, RE:  PROCLAIMING MAY 2010 AS NATIONAL OLDER AMERICANS MONTH

 

Commissioner Nelson read aloud resolution proclaiming May 2010 as National Older Americans Month in Brevard County.

 

The Board adopted Resolution No. 10-081, proclaiming May 2010 as National Older Americans Month in Brevard County.

 

 

Maria Stahl, Brevard County Health Department, stated she is very fortunate to be a member of the Brevard County Commission on Aging and to be a participant in the Falls Prevention Program; and it is estimated by 2013 Brevard County will have 175,000 citizens over the age of 60 and many of them will have falls, which will result in 7,000 emergency room visits, over 5,000 physician visits, 4,000 will require assistance with daily living, and over 2,000 will require long-term care.  She stated the Falls Modification Program is looked forward to at the end of May to teach healthcare providers in fall prevention.

 

Dr. John Potomski, Geriatrician, expressed his thanks to the Board for the support of the Commission on Ageing; he has been a member for the last four years trying to prepare Brevard for the baby boomers; and the Falls Prevention Program to help keep the elders out of the nursing homes.  He stated the Prescription Discount Card Plan has been implemented and it has saved residents over $2 million to date.

 

Commissioner Infantini stated she is really in favor of the Falls Prevention Program, because she and Chairman Bolin have family members who this has happened to; and it helps to make them aware of how to alter their homes to make them fall proof, such as restroom facilities with grab bars; it is very costly and painful to the family member that it happens too; and she applauds all efforts being made for what is being done.    

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

RESOLUTION, RE:  PROCLAIMING MAY 2010 AS HURRICANE AWARENESS MONTH

 

Vice Chairman Fisher read aloud a resolution proclaiming May 2010 as Hurricane Awareness Month.

 

The Board adopted Resolution No. 10-082, proclaiming May 2010 as Hurricane Awareness Month, and May 23 through 29, 2010 Hurricane Preparedness Week.

 

 

Vice Chairman Fisher stated Bob Lay, Emergency Management Director, has to be prepared every time a storm is named.

 

Bob Lay, Emergency Management Director, stated it is done because of the support of all of the individuals in the audience today such as the friends of the libraries, the senior citizens, the advocates, and the County ran special needs shelters; when the word comes about a more than active hurricane season, it makes him think that the worst case scenario and he makes sure that all preparations are in order for the season; and he wants to make sure that all of the residents are prepared too, which is why Hurricane Awareness Month is so important.  He stated he has Scott Spratt from the National Weather Service warning Meteorologist with him today to inform the Board of this year's season.

 

Scott Spratt, National Weather Service Meteorologist, stated unfortunately the long-term patterns are being looked at in the Atlantic Ocean; it has a 30 to 40-year active hurricane activity followed by an equal period of diminished activity; the active period began in 1995; it is halfway through the 30 to 40-year period of activity; and unfortunately, it looks like this current season will be another busy one across the Atlantic as a whole.  He stated the impact for Brevard County cannot be express in advance, but in the Atlantic it does look busy; and he wants to remind and encourage all the citizens in Brevard County to keep close to the weather forecast, have a family plan for sever weather, and put that plan to action if a hurricane does threaten the coastline.          

 

MOVER:             Robin Fisher, Vice Chairman/ Commissioner District 1

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

RESOLUTION, RE:  RECOGNIZING EAGLE SCOUT JAMES TRACY DURFEE

 

Commissioner Anderson read aloud a resolution recognizing Eagle Scout James Tracy Durfee.

 

The Board adopted Resolution No. 10-083, commending James Tracy Durfee for obtaining the Boy Scout Troop Eagle Scout Award.

 

 

Commissioner Anderson inquired if James Durfee will tell the Board about his service project accomplishments.

 

James Durfee stated he has refurbished the outside of American Legion Post 180; and it made them have a better place to have fun, as they serve the Country.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

RESOLUTION, RE:  RECOGNIZING NATIONAL ALLIANCE ON MENTAL ILLNESS SPACE COAST, INC. DURING MAY 2010 FOR NATIONAL MENTAL HEALTH MONTH

 

Commissioner Infantini read aloud a resolution recognizing National Alliance on Mental Illness Space Coast, Inc., during May 2010 for National Mental Health Month.

 

The Board adopted Resolution No. 10-084, recognizing the National Alliance on Mental Illness Space Coast, Inc., during May 2010 Nation Mental Health Month.

 

 

A representative from the National Alliance on Mental Illness Space Coast, Inc., expressed her thanks to the Board for its continued support in Brevard County; there is a crisis shortage of beds; and together with Circles of Care, Wuesthoff Hospital, and many entities in this community pulling together to make it work, with little monies coming in, is very much appreciated.   

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

RESOLUTION, RE:  EXPRESSING SUPPORT AND APPRECIATION TO THE BREVARD CARIBBEAN AMERICAN SPORTS AND CULTURAL CLUB ASSOCIATION

 

Commissioner Anderson read aloud a resolution expressing support and appreciation to the Brevard Caribbean American Sports and Cultural Club Association.

 

The Board adopted Resolution No. 10-085, expressing its support and appreciation to the Brevard Caribbean American Sports and Cultural Club Association.

 

 

A representative from the Brevard Caribbean American Sports and Cultural Club Association expressed his thanks for the Board's recognition; and stated he would like to remind everyone that Commissioner Nelson was actually the Park and Recreation Director when this function began.  He stated he wants to remind everyone the actual date of the function will be May 29 through 30, 2010 Memorial Day weekend; he invites everyone to come and support this function; it is proof that the government and community can work together; and it is a free family festival.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

RESOLUTION, RE:  EXPRESSING SUPPORT AND APPRECIATION TO ALL CURRENT AND FORMER MEMBERS OF THE UNITED STATES ARMED FORCES

 

Commissioner Infantini read aloud a resolution expressing support and appreciation to all current and former Members of the United States Armed Forces.

 

The Board adopted Resolution No. 10-086, expressing support and appreciation to all Current and former Members of the United States Armed Forces.

 

 

Dave Dingley, retired Colonel United States Air Force, accepted Resolution; he stated the best thing a person can do to support the troops is to say thank you and remember them; and the Board is honoring those that currently serve the Country, those that have served the Country, and he appreciates it very much. 

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

RESOLUTION AND PRESENTATION, RE:  NATIONAL TOURISM WEEK MAY 8 THROUGH 16, 2010 - VALUE OF TOURISM

 

Vice Chairman Fisher read aloud a resolution proclaiming May 8 through 16, 2010 as National Tourism Week.

 

Rob Varley, Tourism Development Director, expressed his thanks to the Board; he has a PowerPoint presentation to show the Board this morning explaining what is done and why it is done.  He stated the Tourist Tax was passed by the residents in 1986; it is levied on anybody who rents, leases, or rents accommodations in hotels, motels,  recreational vehicle parks, or condominiums for less than six months; it is authorized by State Statue 125; the current tax rate is five percent, generating $7.7 million in 2008, which 43 percent was invested in promotion and advertising, 25 percent was invested in beach improvement, 5 percent in capital improvements, such as earmarking some dollars to improve the Valiant Air Command, Visitor Center at Kennedy Space Center, and are working towards another Visitor Center on Interstate I-95; four percent towards cultural and special events; three percent towards the Brevard Zoo; and 15 percent towards the Space Coast Stadium.  He stated nearly 50 percent of the money is invested in promoting Brevard County as a vacation destination; and the other 50 percent towards improving the quality of life assets.  He mentioned visitors since 1987 have paid more than $13 million for beach nourishment and dune crossovers; it is certainly a valuable investment and visitors continue to pay annually $145,000 per year for Countywide beach and riverfront clean up; visitors paid over $4 million to improve County and municipal parks including F. Burton Smith Park on State Road 520, visitors paid $60,000 to improve Palm Bay Regional Park, $15,000 for Stradley Park, $68,000 for Palm Bay High School track, which is important, because these facilities are used for youth sports programs during the Summer, which generates a tremendous economic development for the County; $383,000 for the Valiant Air Command Warbird Museum; $5 million to construct and improve the Brevard Zoo; $15 million to construct and renovate Space Coast Stadium, which is utilized for more than Spring training; and $1.3 million for special events operations and advertising, such as Art Festivals.  He stated this is promoted by traditional media, magazines, and non-profit radio, television, Internet search engines and modifications, trade shows and sales missions, Space Coast Vacation Guide, Meeting Planners Guide, Outdoor Adventure Guide, Travel Agents, and being the closest beach to Orlando, Kennedy Space Center with rocket launches, nature and culture, and surfing heritage; and Port Canaveral has became such an asset to help promote Brevard.  He mentioned in fiscal year 2008-2009 media placements generated $1.7 million and impressions from billboard campaign signs generated over $280 million, which helps the increase with hotel occupancy.  He stated there are ads that are ran in the Orlando Vacation Guide promoting "Take Off for Lift Off" and "Come to the Beach".  He stated there are some other unique things done with social media efforts, such as the beach bus, and special events being held per year, such as now the Art of Sand and the Cocoa Beach Air Show coming in November; and he is working with the Valkaria Air Show to boost its numbers.  He stated co-op partners  to help with advertisements are the Brevard Nature Alliance, Brevard Cultural Alliance, Cocoa Beach Hotel Association, Melbourne Beaches Hotel Association, Interstate I-95 Hotel Association, Kennedy Space Center Visitor Complex, Canaveral Port Authority, Melbourne International Airport, Space Coast sports promotions, local retail shops, and local restaurants.  He stated the Parks and Recreation Department is a valuable partner when it comes to all of the summer sports programs and James Fletcher, Agriculture and Extension Services Director, is trying to build up tours in the area.

 

Trevor Marshals, TGM Marketing, stated the public relations efforts involve working proactively with the media; its job is to secure positive stories about the destination, which ultimately will encourage people to come here to spend tourism dollars.  He stated the United States Travel Association has reported over 50 percent of Americans use the media to plan vacations, 31 percent of Americans actually have indicated they have chosen a destination by reading about it in the media, so what she does is quite essential to the sales of the marketing effort of the Space Coast Office of Tourism.  She stated the results of 297 positive stories have been placed on the destination, which gave a total of more than 42 million impressions, which means it has reached a total of 42 million people through these positive stories; it has been broken down to show 39 of those stories have been regional, which is very important to keep the local market informed about what is happening in the tourism industry, 92 of those stories have been in-state visitors, 161 of those stories have been national, and are continuing to supplement the international efforts with five placements already in China, United Kingdom, Italy, South Africa, and Tibi.  She stated last Friday, Brevard was in the USA TODAY touting the Sand Festival and that makes her feel very proud; it is one of Brevard's destinations and is good enough to be promoted in USA TODAY, then it certainly is good enough to be excited about it; New York Daily News, GO Magazine, Forbes.com, Miami Herald, daytime television, which are syndicated television shows that run in 114 television stations nationwide featuring the Sand Festival, Sirius Radio, Chicago Tribune, Baltimore Sun, Woman's World Magazine, and this month are featured in a special insert of the History Channel Magazine on destinations that cannot be missed; and she is very proud of what has been done to promote Brevard's destination spots.  She stated if those top placements were taken in those free placements it would have cost more than $100,000 to actually pay for the visibility that was actually received; and it is really believed that the public relations efforts is essential to promoting this destination to keep tourists coming to this destination.

 

Lauralee Thompson stated she will tell the Board about the benefits of tourism and economic development in the County with generating additional tax revenues, creating jobs, diversifying the economy, bringing in new money, promoting business development, and expanding the range of quality of life assets.  She stated the number of visitors to the Space Coast in 2008 was more than 4.9 million people; its yearly impacts of spending is nearly $3 billion, contributing to the economy, over 19,000 jobs created, and the State and local taxes generated more than $88 million; and each household in Brevard County pays $382 less in local taxes, as a result of taxes generated by tourists.  She stated what is on the horizon for Brevard is a memorandum of understanding with Department of Transportation for the Interstate I-95 Visitor Center; she is very excited about the Visitor Center, because a very attractive building is going to be built which will pull individuals off of the Interstate; Kennedy Space Center is working on helping to get a rocket to put there, mini-festivals can be held, the Brevard Zoo can bring animals in from time-to-time, and Dixie Crossroads can sample shrimp to help draw in people to stay in Brevard County; and she expressed her thanks to the Board for making it a number one priority with trying to get in some federal dollars.  She mentioned the 4 Frontiers Interspace, which is the new Mars project that is coming to north Brevard County; it will add to the cluster of museums by the Kennedy Space Center Complex.  She expressed her excitement out the Port Canaveral Cove Expansion because the Port attracts a huge amount of people to Brevard, with people coming to go on their cruises; and if the person can be touched in a positive way by Brevard County they will hopefully return or move here.  She mentioned Brevard has a lot of sporting events coming this summer, along with offshore boat racing in August at Cocoa Beach, which will be an event that will grow and could create a national tournament if it all works well.  She stated there is going to be a series of public meetings held in the north, central, and south ends of the County to invite tourists and the residents living in Brevard County, because they are the ones that know the off the beaten path tours with visitors who visit residents that live here; and will take that information and design different itineraries for people to do such as a restaurant loop, history loop, or a nature loop featuring all types of information.                                   

 

The Board adopted Resolution No. 10-087, proclaiming May 8 through 16, 2010 as Travel and Tourism Week; and urged all citizens of Brevard County to join in on this special observance of appropriate events, commemorations, and festivals; and acknowledged presentation by Mr. Varley and his staff of information regarding the economic impact of tourism to Brevard County.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

RESOLUTION, RE:  PROCLAIMING MAY 2010 AS ASIAN/PACIFIC AMERICAN HERITAGE MONTH

 

Commissioner Nelson read aloud a resolution proclaiming May 2010 as Asian/Pacific American Heritage Month.

 

The Board adopted Resolution, No. 10-088, proclaiming May 2010 as Asian/Pacific American Heritage Month.

 

 

Romeo Dela Paz expressed his thanks to the Board for the recognition of the Resolution; and he will be the carrier of proclamation for the organization.

 

A representative from the Asian/Pacific American Heritage group stated on behalf of the Asian/Pacific American Festival Committee she expresses her thanks to Chairman Bolin for sponsoring this years Resolution, Commissioner Nelson for presenting it this morning, the entire Board, Space Coast Tourism Office, Brevard Cultural Alliance, and the Parks and Recreation Department; and this year the Asian/Pacific American Heritage group was able to take part in the combined marketed initiative funding that those organizations offered to the group.  She stated the 2010 Asian/Pacific American Festival will take place from 10:00 a.m. to 5:00 p.m. on Saturday, May 15 at the F. Burton Smith Park on State Road 520 in Cocoa; it is a family friendly event for all ages; and it will feature ethnic talent, food, arts and crafts, and a continuous parade of costumes throughout the day.  She mentioned the event coordinators for the festival are Romeo Dela Paz, Chairperson of the Florida Space Coast Filipino American Charitable and Education Foundation and Bill Curtis, President of Filipino American Association of Brevard County. 

 

John Carrigan, 45th Space Wing and Asian/Pacific Heritage Committee Member at Patrick Air Force Base, stated he married into the Asian/Pacific heritage and is very proud of the heritage; he would like to invite everyone to the event this Friday at Patrick Air Force Base, which will be the Taste of Asian; during the course of May there will be some children's story book reading at the new Child Development Center; and the events at Patrick Air force Base will commend on May 26, 2010 at the festival at the Block House on the beach, which is free and open to the public; and it is wonderful that the community has woven this festival into being such a wonderful group event.       

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

RESOLUTION, RE:  4-H HORSE JUDGING AND HIPPOLOGY TEAMS

 

Commissioner Nelson read aloud a resolution congratulating the 4-H Horse Judging and Hippology Teams.

 

The Board adopted Resolution No. 10-089, congratulating the 4-H Horse Judging team and Hippology team for winning top awards in the State Championships.

 

 

Vanessa Spero-Swingle, University of Florida Institute of Food and Agriculture Scientists Brevard County Extension and 4-H Agent Animal Science Programs; stated she is present today to honor the Horse Judging Team led by Babraba Nagel and the Hippology Team led by Michelle Henshaw, with both of the teams doing an incredible job this year; and it honors the 4-H by teaching its life skills.

 

Ali Bost stated she has been in 4-H for eight years; two years ago she went into a program called Horse Judging; last year her and her teammates were State Champions; and were eligible to go to the regionals; and placed sixth and placed 9th at nationals.  She stated Horse Judging not only teaches about how to evaluate horses movements from its ears down to its hoofs, it teaches responsibility in decision making skills and confidence; as a Judging Member, she hopes the Board understands and knows what an awesome program the Horse Judging Team can be, because of the skills and experiences learned by her and her teammates; and the experiences can be taken anywhere and never be forgotten by the her and the entire team.   

 

Katherine Renfro, President, Saddle Up 4-H Club North Brevard Hippology, stated two teams competed in the State Hippology contest, which is the study of horses, with the senior team placing fourth in the State and she placed second as senior individual; and there were two junior Members who placed fourth and fifth in the State.  She explained by studying Hippology she has learned many new things about horses, including bone structure, the digestive system, and equine diseases along with many other things; she knows she has more to learn; and she plans to continue the study of Hippology. 

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

REPORT, RE:  CONTRACT WITH PAULEY MANAGEMENT, INC. FOR FEDERAL LOBBYING SERVICES

 

Howard Tipton, County Manager, stated there is a contract for the Board's consideration with Pauley Management, Inc.; it was previously discussed on February 25, 2010; it is a one-year contract with two one-year renewals; it is at the same cost as the previous three-year contract; and he would appreciate the Board's consideration of it.

 

Vice Chairman Fisher inquired who will the company report to and who will give Pauley Management, Inc. its assignments.  Mr. Tipton responded Pauley Management, Inc. will work for him, with the direction of the Board; and he will be the one responsible for day-to-day direction.  He stated in past conversations with the Board, it discussed the aerospace work added will be looked at; and it is part of the contract now. 

 

Commissioner Nelson stated he thinks Mr. Pauley has done a good job for the County; he has been instrumental in getting the Beltway interchanges in the Federal Work Program, and he has no problem with the contract.

 

The Board approved a new Contract with Pauley Management, Inc. for Federal Lobbying Services. 

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

PRESENTATION BY SARASOTA COUNTY COMMISSIONER JON THAXTON, RE:  FERTILIZER MANAGEMENT

 

Howard Tipton, County Manager, stated the Federal Clean Water Act prohibits the discharge of any pollution, including stormwater discharges; Brevard County is all about water, with one of its precious recourses being the Indian River Lagoon; it has been designated as a national estuary; and one of the greatest threats to the Lagoon is stormwater runoff including fertilizer.  He stated Jim Egan, Marine Resources Council, is present today; and will introduce the guest speaker today referring to fertilizer management.

 

Jim Egan, Executive Director, Marine Resources Council, stated in 2009 the Florida Legislature passed House Bill 494, which requires counties and cities with long and impaired waters, to pass a fertilizer management ordinance, which can be used as an advantage, because there are 8,000 tons of phosphorus being introduced into soils by homeowners, when 90 percent of soils do not need phosphorus, so the wrong kind of materials are being used; and the purpose of the management ordinance would not be to create a fertilizer police, but by connecting to the fact that there is an ordinance would encourage using the right kind of fertilizers.  He stated the excess fertilizers green up the lagoon, create the fish kills, and red tide events; over 41 counties and cites have passed fertilizer ordinances that restrict the type of fertilizer that is to be used on Florida yards; it is urged that the Board use this opportunity to pass an ordinance that restricts phosphorus, encourages slow-release nitrogen, and increase the amount of nitrogen to remain on the yard and not end up in the lagoon.  He stated Sarasota County passed such an ordinance over two years ago; it also has impaired waters with the same challenges faced in Brevard County; the Sarasota Commissioner Jon Thaxton has donated his own time while on vacation to come and speak to the Board to share experiences and knowledge of the process of passing such an ordinance.

 

Jon Thaxton, Sarasota County Commissioner, stated he is a 10-year Sarasota County Commissioner and he is very proud to serve Sarasota County; he expressed his thanks to the Board; and he feels very much at home today, with all of the library supporters present today.  He mentioned the political climates are very similar, as well as demography's mirroring each other; and the population of Sarasota County is 386,000 residents and Brevard County has 350,000 residents.  He stated he would like to tell the Board about the fertilizer experience in Sarasota County; he is a third generation lifelong Real Estate Broker working with developers all of his life; and for those in the audience, or on this dais that are looking at a fertilizer ordinance as some sort of silver bullet or a cure all, will cause disappointment, because it is not going to do that, but rather, a fertilizer ordinance is a critical tool in the toolbox that can be used to lower the nutrients being discharged in surface water.  He stated Sarasota County was the first countywide fertilizer ordinance to go above and beyond the State standard, it is now in its third year; and it has had the opportunity to measure the impacts of different ecological seasons, such as in wet and dry seasons.  He mentioned the ordinance does include some of the more controversial provisions that are being heard of are happening in conversations right now throughout the State; it has a provision for zero phosphorus in any of the mixes, with a slow release of nitrogen being mandatory; it has a black out season, which prohibits applying any nutrient fertilizers during the rainy season, but are allowed to apply the trace elements of minerals of things that keep landscapes healthy.  He mentioned when the process began Sarasota County was hearing about a lot of the bad things that are going to happen if the ordinance was adopted; he was appointed to serve local governments and the counties to the Consumer Fertilizer Task Force that the Legislature empowered in 2007; a report was complete in 2008 and it can be found at the Department of Agriculture Consumer Services website; and he recommends the Board visit the website.  He stated the task force consisted of a very broad and diverse group of individuals, such as environmentalists, city officials, county officials, fertilizer industry folks, phosphate industry folks, and the Chamber of Commerce; it was huge and often very contiguous, but the investment was well worth the effort; and the report was ultimately recommended to the Florida Legislature, with a unanimous vote agreeing to a document of this magnitude to give to the state officials.  He mentioned one key element that it did recommend to the legislature is that local governments should have the right, if chosen, to adopt standards that are more stringent than the state has imposed; the reason being was self evident of dealing with a one-size-fits-all Fertilizer Management Code for the State of Florida simply does not work; it is governing by the lowest common denominator, what works in Levy County will not work in Monroe County, and what works for the Indian River Lagoon is not going to work in the Sarasota Bay; and the soil profiles and base functions vary so widely.  He stated the negative things he is hearing, as he goes around the State, is a decline in landscapes; there have been billions of dollars invested in lawns and landscapes that make the communities attractive; and complications were heard of if there are 67 counties and each adopted a different ordinance, which will be very difficult for the fertilizer industry to understand and comply with them all and not suffer any hardships.  He stated it is now three years into the program; he can attest that none of those hardships have happened in Sarasota County and in fact, the exact opposite of all of those negative forecasts have come true, such as companies called TruGreen and ChemLawn are thriving; have seen no loss of business or employment as a result of the ordinance; but more importantly, what is being seen is small businesses are branching up and specializing in special fertilizer mixes and strategies that are more comprehensive, with new opportunities to show how to raise healthy lawns and landscapes.  He stated the southwest coast of Florida is looked at there are 10 ordinances in existence already and when the fertilizer applicators go in for their certifications all of the ordinances are available; the fertilizer applicator is then certified for all the jurisdictions in that coast area; and it takes about one-half an hour longer in the course, there are no separating licensing, and everybody receives certification.  He mentioned he is one that has to stand before these individuals if the lawns go bad and money has to be reinvested to replace landscapes, because he feels it is going to come out of his hide.  He stated Sarasota County has the most lush and verdant landscapes that can be found anywhere in the State of Florida; the landscapes do not need those high nutrient loads during the rainy season, they can survive without phosphorus; and there is one upscale community called Palmer Ranch consisting of 10,000 acres who conducts regular soil surveys and tissue sampling from their landscapes; and the results are by complying with the ordinance Palmer Ranch has been able to save over $45,000 a year in landscape costs, less sod replacements due to less diseases, reduced water consumption by 25 percent, and starting to treat the soil like a natural living creature where the landscape plants can actually thrive in it.  He stated Brevard County needs to be commended for its numerous fronts of removing nutrients into the surface waters, but on the horizon there will be the threat of compliance with Total Maximum Daily Load (TMDL), Federal Environmental Protection Agency (EPA), and State Department of Environmental Protection (DEP) to get on the same page, with the numeric criteria; and there is going to be heavy expenses that will be coming out of the County's budget.  He stated he spent the last few weeks in Tallahassee trying to keep the State Legislature from preempting the ability, as a local elected official from protecting water resources; the point that weighed the heaviest on legislators minds was to convince them to not pass any legislature in this year regarding fertilizer was the fact that in order to remove phosphorus and nitrogen from the water-stream it costs tens of thousands of dollars per cubit measurement; and the cheapest way is to just not let the phosphorus and the nitrogen get into the water-stream in the first place, which is what this ordinance will do for Brevard County, with not having to build expensive stormwater infrastructures or filtration systems; and just simply naturally do not allow the nutrients to enter in the water-stream and these will weigh very heavily when getting into the TMDL requirements.

 

He stated this is not a partisan issue at all; Sarasota County is not some bastion of liberalism or a bunch of tree-hugger wackos, there has been a democrat on its Board since 1975, and it has been republican since then; but this makes great economic sense, as well as ecological sense, which is the reason Sarasota County invested so heavily in this.  He stated the Board just heard from its Tourism Department and he does not need to remind the Board about how may photographs were shown of the natural environment; it is perhaps the most critical piece of infrastructure that is managed; and it is typically not thought of as an infrastructure, but it is, it is a green infrastructure, it is just as important as the building everyone is in today; the fertilizer ordinance is not going to cure all the problems, but he suggests to the Board that it is a critical and vital management tool in order to maintain a health tourism and a diverse economic portfolio, that is a renewable resource, unlike the Space Center, Real Estate, or the finance industry; and the fertilizer ordinance will be there and all that has to be done is take care of it and preserve it.  He stated he will be happy to answer any inquiries about the ordinance.

 

Vice Chairman Fisher stated he is trying to figure out why Sarasota County has not had any diversity of democrats on its Board for thirty years.  Mr. Thaxton responded there has been diversity with gender and race; and it is just a factoid of Southwest Florida.  Commissioner Fisher expressed his thanks to Mr. Thaxton for his presentation and time today.  Mr. Thaxton mentioned he will leave all the Board Members his business card should there by any further questions.

 

Vice Chairman Fisher inquired if Mr. Tipton will tell the Board where does it goes from here; and what is needed from the Board today with this item.  Mr. Tipton responded this was an item that was scheduled by Chairman Bolin; it is planned to take up the fertilizer ordinance discussion, later this fall; and there is no action requested by the Board today, it was more informational.

 

Commissioner Anderson stated the Agriculture and Extension Office handles a lot of this already; the Board is not approving anything today; and he is not planning on approving anything that is enforceable where there are sanctions against homeowners, because he is not about that.  He inquired if this is already in place for the Agriculture and Extension Office.  Mr. Tipton responded yes, this particular Bill passed by the Senate exempts agriculture; but what is trying to be done is address total maximum daily loads that can be discharged, with the requirements that will be coming.  He advised using an ordinance like the fertilizer ordinance or come up with one there has to be a plan in place to address the nutrients.  Commissioner Anderson stated there needs to be a task force that contains people from the industry, because it does effect free-market; and he would like to know what the impact of that is.  Mr. Tipton responded yes. 

 

Commissioner Nelson stated he has spoken with James Fletcher, Agriculture and Extension Services Office Director, about the color of water in the Indian River; it is supposed to be clear; and it is not, as a starting point there is clearly a problem.  He mentioned what he would like to do rather than wait until the fall to understand what the structure is going to be at a minimum is how will it be handled when it is taken on; and he would like to see something come back from staff in how to structure the discussion of time lines for it.  He stated something will need to be done, because what is being done today is not working; if Turnbull Creek in district one is looked at it has clear water, but in Cocoa the water is the color of coffee; and there are things happening between here and there that are really damaging the lagoon; and he is afraid if these incremental steps are not taken it will become a cesspool.

 

Commissioner Anderson stated in his district most of the unincorporated is agriculture and are exempt; West Melbourne, Melbourne, and Palm Bay will have to do their own thing; in his district there is no impact of an ordinance; and cannot override municipal regulations.  He inquired if anything has been started with the municipalities.  Mr. Tipton responded he thinks all of the municipalities are aware of the TMDL discussions taking place and have started to take action; he does not know if any of them have adopted an ordinance; and based on the Board's direction, he will plan to bring this back to the Board in July for discussion, so the right discussion can be created before moving forward.  Commissioner Anderson stated instead of doing it piecemeal it should be done across-the-board with the industry people.  Commissioner Fisher stated suggested taking it back to the League of Cities.  Commissioner Nelson stated he agrees there needs to be more of a Countywide discussion, so the multiple rules can be avoided.

 

Mr. Thaxton stated there is no full-time employee in Sarasota enforcing this; it acts as a remarkable educational tool to citizens available; and it gives staff the opportunity to explain.  He stated when he served on the task force he found there are a lot of innovative folks in the fertilizer industry that knows there is a better way to apply fertilizer in Florida; and will ultimately be some of the best assets. 

 

Vice Chairman Fisher inquired if the Board's direction for staff to present it to the League of Cities and then come back before the Board is understood.  Mr. Tipton responded yes.            

 

REPORT, RE:  GULF COAST OIL SPILL

 

Mr. Tipton stated everyone is concerned with the oil spill in the Gulf Coast and the direction it may take; he is part of a team, which is part of conference calls with Emergency Management; he is planning to bring this back to the Board on May 18, 2010 and update as to where Brevard County stands; and additionally there is a community meeting organized by the team that will be held this Thursday with local responders, so planning and discussions can begin about how to respond if the oil works its way around to the Atlantic Ocean.  He stated this is an extremely serious situation and absolutely have to make sure that there is preparation for the circumstances presented with the oil spill; and will be have a full-Board discussion in two weeks. 

 

REPORT, RE:  NATIONAL DAY OF PRAYER

 

Commissioner Nelson stated Thursday, May 6, 2010 at 12:00 p.m. on the west side of the building at the reflective pool is going to be the National Day of Prayer; Commissioner Bolin would normally attend, but since she is out he is honored to participate in the National Day of Prayer in association with the SunTree in Viera, Association of Churches.

 

REPORT, RE:  APPOINTMENT AS COMMISSIONER LIAISON TO JOB CREATION TASK FORCE

 

Commissioner Infantini stated the newspaper reported that President Obama has allocated $40 million in job creation; he has headed up a task force for it; and she would like to offer to be the liaison for the Board between that task force and Brevard County, because it is $40 million in job creation and allocated to the Space Coast, which Brevard County is a good part of.

 

The Board reached consensus to appoint Commissioner Infantini to the task force created by President Barack Obama that will develop a $40 million job creation plan for the Space Coast.

 

REPORT, RE:  HOSTING A TOWN HALL MEETING WITH ANDY ZIEGLER

 

Commissioner Anderson stated this Wednesday, May 5, 2010 at the South Brevard Senior Center in Palm Bay from 6:00 p.m. to 8:00 p.m.; he will be hosting a joint town hall meeting in conjunction with School Board Member Andy Ziegler; it will surround budget; and the thing that came up in his office was a lot of the budget meetings are held during the day and they chose to have the meeting in the evening.  He stated he added a School Board Member so as a resident an individual can drive one time and yell at two elected officials over two different topics.  He stated there will be other staff members present to answer questions relating to budget reductions and revenues. 

 

PRESENTATION BY CAROL DEGARMO, RE:  BIG BROTHERS BIG SISTERS OF CENTRAL FLORIDA

 

Carol DeGarmo, Support Service Coordinator, Big Brothers Big Sisters, stated she is present today as a voice of the children this morning, because they are in school, and as of May 4, 2010 there is a total of 904 children waiting for volunteers.  She stated 215 of those 904 children are in Brevard County and are starving for the friendship of a mentor; it does not take a lot of time; it is a lot of fun; and volunteers need to be at least 16 years-of-age or older, to participate in the school base program, which means a person will mentor a child in an elementary partner school in Brevard County one hour per week, during school, and for one year.  She stated the community-based program needs volunteers 21 years-of-age or older to mentor, with being pared up to a child, pick them up, and take them to the local ball park, beach, Kennedy Space Center, movie, or out to diner; and just have a great time with their mentee.   She stated the purpose of the program is it is a one-to-one mentoring experience, with changing the life of a child one at a time; these kids are typically between the ages of six and 14 years-of-age from all types of family dynamics, whether it is single-family parent home, being raised by grandparents, which are identified as at risk youth meaning these children are more prone to drop out of high school, juvenile delinquency, truancy, issues with self esteem, and are failing in school; and are trying to identify those children that are performing in the lowest 20th percentile academically to be paired up with a mentor to encourage them to make sure they are doing the things they need to do to improve their lives and feel confident and know somebody will be there for them.  She stated these kids are the future; and inquired what is the community doing to help invest in their lives; and it is a great reward.  She stated her job is to help provide the mentors with resources so that they can be best friends to these children; help improve their lives by showing them what it is to go out there and be a responsible human being.  She stated she is looking for citizens in Brevard County that can help dedicate some time for the children in need; it is very easy and does not take a lot of time; and she is just asking for that one hour of time spent on the couch watching television, to come out and spend that hour with a mentee per week.  She stated individuals can contact the local Big Brothers Big Sisters Organization by visiting the website at www.bbbscfl.org or call 407-478-2996; volunteers have great experiences in the program; not only do they become Big's for the minimum one-year commitment, but they become the Big Brother or Big Sister to that child for hopefully a long-term friendship; and what she is asking for today in Brevard County is to step up to the plate and help serve the children on the waiting list.

 

The Board recessed at 10:46 a.m. and reconvened at 10:56 a.m.

Commissioner Infantini stated the three items she would like to pull from Consent Agenda are, Item III.A.7, Contract for Sale and Purchase with V & S Realty Co., Inc., Re:  Parcel #116 (Fee Simple) - Barnes Boulevard Widening Project; Item III.A.10, Task Order 07-04 with SCS Engineers, Re:  Preparation of Construction Plan and Engineering Services for Stormwater Improvements at Sarno Road Class III Landfill; and Item III.B.2, Agreements with Atlantic Inclusive Academy, Holy Trinity Episcopal Academy, Temple Christian School, Community Christian School, and Brevard County Public School, Re:  The Dori Slosberg Driver Education Safety Act/Driver Education Safety Trust Fund.

 

Commissioner Nelson stated he would like to pull from Consent Agenda Item III.A.9, Authorization, Re:  Municipal Review of Local Option Gas Tax Percentage Allocations.   

APPROVAL, RE:  NORTH MERRITT ISLAND - CHASE HAMMOCK IMPROVEMENT PLAN/LAKE GEORGE WATER QUALITY ENHANCEMENT PROJECT:  GRANT EXTENSION FROM FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION (FDEP) (GRANT NO. LP8952 - AMENDMENT 1) AND ST. JOHNS RIVER WATER MANAGEMENT DISTRICT (SJRWMD) (GRANT NO. SG435AA - TIME EXTENSION)

The Board approved execution of Amendment 1 to Florida Department of Environmental Project (FDEP) Grant No. LP8952 (Brevard County North Merritt Island - Chase Hammock Improvement Plan Project) and approved Time Extension to St. Johns River Water Management District (SJRWMD) Grant SG435AA (Lake George Water Quality Enhancement Project), pending approval of each contract document by the County Attorney and Risk Management. 

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

APPROVAL, RE:  SARNO LAKES PHASE II, DRAINAGE PROJECT, FEMA PROJECT NO. 1545-155R, DEM CONTRACT 08HM-1G-06-15-01-024 - MODIFICATION 2

 

The Board executed Modification #2 of Contract 08HM-1G-06-15-01-024 between Brevard County (grantee) and the State of Florida, Division of Emergency Management, for Sarno Road Lakes Phase II, Drainage Project. 

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

FINAL ENGINEERING AND PRELIMINARY PLAT APPROVAL, RE:  BRESLAY DRIVE EXTENSION - 09SD-00136

 

The Board granted final engineering and preliminary plat approval for The Viera Company project of Breslay Drive Extension - 09SD-00136, subject to minor engineering changes, as applicable, and developer responsible for obtaining all necessary jurisdictional permits.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

TRANSFER OF ROAD RIGHT-OF-WAY PARCELS FROM THE CITY OF ROCKLEDGE TO BREVARD COUNTY, RE:  BARNES BOULEVARD ROAD WIDENING PROJECT

 

The Board approved and accepted a City Deed for the transfer of Road Right-of-Way Parcels from The City of Rockledge to Brevard County needed as part of the Barnes Boulevard Road Widening and Drainage Improvement Projects, as the parcels are portions of right-of-way lying in Sections 20, 21, and 22, Township 25 South, Range 36 East, which are in the City of Rockledge.

 

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

ACCEPTANCE OF SIDEWALK EASEMENTS FROM RESIDENTS ALONG HILL AVENUE IN MERRITT ISLAND, RE:  CDBG/AARA HILL AVENUE SIDEWALK AND DRAINAGE IMPROVEMENTS PROJECT

 

The Board accepted roadway and sidewalk easements contained within the parcels owned by Reuben E. Williams and Linda F. Williams, husband and wife, and Vincent C. King Sr., as joint tenants with rights of survivorship, Charles Moxey, and Horace Williams; and waived the title insurance, and allowed the Land Acquisition Office to order payment from AARA stimulus funds in the amount of $613.70 for easements and conduct closings on the properties located on Hill Avenue in Merritt Island, located in Section 22, Township 24 South, Range 36 East.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

ACCEPTANCE OF DRAINGE EASEMENT FROM MANAV MANDIR, INC., RE:  PROPOSED ROADWAY AND CUL-DE-SAC CONSTRUCTION ON WAELTI DRIVE

 

The Board accepted a drainage easement needed in conjunction with the proposed roadway and cul-de-sac construction of Waelti Drive, located at the north end of Waelti Drive in Section 12, Township 26, Range 36.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

ACCEPTANCE OF SIDEWALK EASEMENT FROM DIANNE SCHALL KINSER, RE:  NORTH TROPICAL TRAIL SIDEWALK REALIGNMENT PROJECT

 

The Board accepted Sidewalk Easement from Dianne Schall Kinser, located on the east side of North Tropical Trail in Section 22, Township 24 South, Range 36 East.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

INTERLOCAL AGREEMENT WITH CITY OF CAPE CANAVERAL, RE:  “DISASTER DEBRIS CLEAN UP”

 

The Board executed Interlocal Agreement with the City of Cape Canaveral for clean up of debris following a disaster event. 

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

APPROVAL, RE:  BUDGET CHANGE REQUESTS

 

The Board approved the Budget Change Requests, as submitted.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

INTERLOCAL AGREEMENTS WITH CITIES OF INDIAN HARBOUR BEACH AND SATELLITE BEACH, AND TOWN OF MELBOURNE BEACH, RE:  STORMWATER UTILITY ASSESSMENT ROLL

 

The Board executed Interlocal Agreements between Brevard County and the City of Indian Harbour Beach, the Town of Melbourne Beach, and the City of Satellite Beach.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

RESOLUTION, RE:  AUTHORIZING BINGO GAMES FOR THE NORTH BREVARD SENIOR CENTER OF BREVARD COUNTY, MARTIN ANDERSEN SENIOR CENTER, WICKHAM PARK SENIOR CENTER, AND THE GREATER PALM BAY SENIOR CENTER

 

The Board adopted Resolution No. 10-090, authorizing bingo games at County-owned senior centers, including the North Brevard Senior Center of Brevard County, Martin Andersen Senior Center, Wickham Park Senior Center, and the Greater Palm Bay Senior Center.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

AUTHORIZING RESOLUTION AND GRANT APPLICATION FOR FEDERAL ASSISTANCE, USE OF TOLL REVENUE CREDITS, AND EXECUTION OF FOLLOW UP GRANT AGREEMENT, RE:  FISCAL YEAR 2011 SPACE COAST AREA TRANSIT (SCAT) CAPITAL AND OPERATING ASSISTANCE GRANTS FROM FEDERAL TRANSIT ADMINISTRATION

 

The Board adopted Authorizing Resolution No. 10-091, 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 Authority (FTA) in the amount of $3,924,120 for Space Coast Area Transit; approved allowing staff to submit the Grant Application electronically; authorized James Liesenfelt, Transit Services Director, to execute and submit the Grant Agreement electronically, contingent upon County Attorney and Risk Management approvals; and authorized Mr. Liesenfelt to execute any additional follow up documentation/resolutions and amendments necessary to secure the funds.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

APPROVAL, RE:  HOMELAND SECURITY SUB-GRANT AGREEMENT WITH FLORIDA DIVISION OF EMERGENCY MANAGEMENT, DEPARTMENT OF COMMUNITY AFFAIRS FOR $46,800.00, Contract Number 10-DS-51-06-15-01

 

The Board executed Homeland Security Sub-Grant Agreement for $46,800; and authorized the County Manager, or designee, to sign any documents associated with the Grant, and to sign appropriate agreement with the vendor of ETEAM software.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

APPROVAL, RE:  PERMISSION TO APPLY AND ACCEPT FY 2008 JAG C & D EDWARDS BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT

 

The Board granted permission to apply for and accept the FY 2008 JAG C & D Edward Byrne Memorial Justice Assistance Grant; and authorized the Chairman to execute the necessary grant documents and budget amendments.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

APPOINTMENTS/REAPPOINTMENTS, RE:  CITIZEN ADVISORY BOARDS

 

The Board appointed Britta Hawkins to serve as alternate on the Zoning Board of Adjustment, replacing Courtney Roberts, with term expiring December 31, 2010.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

APPROVAL, RE:  BILLS

 

The Board approved Bills as submitted.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

CONTRACT FOR SALE AND PURCHASE WITH V & S REALTY CO., INC., RE:  PARCEL #116 (FEE SIMPLE) - BARNES BOULEVARD WIDENING PROJECT

 

Commissioner Infantini stated one of her concerns is waiving the environmental assessment and survey; the boat ramp that is going in right now in South Brevard County has encountered a good bit of sludge; she believes that land was purchased without doing a site and environmental assessment; and now sludge has been uncovered, which has held up the project.  She stated she found the appraisal to have been performed one year ago; she knows many property values have gone down and thinks this property value should have gone down also, by at least 10 to 15 percent and perhaps the price should be reevaluated, because right now it is suggesting to pay $28,000, but if it was dropped about 10 to 15 percent of it would be around $23,000 to $24,000.  She stated the appraisal was done as a fee simple title, yet it appears to be somewhat clouded, because there is a lease on the property right now; and there were not any adjustments in the evaluation of the property, because the property was subject to a lease; but the disclaimer was made that it was not going to reflect anything and the calculations were based on there being an existing lease; and she is suggesting to table this Item until the price is dropped by at least 10 percent.

 

John Denninghoff, Public Works Director, stated when a transaction of this sort is done there is the underlying property owner to deal with for the title of the property; there are also leases to deal with; and in this particular case, settlement has been reached with the property owner, which does recognize the tenant situation between the owner and the lease holder, which that value is accounted for.  He stated the basic alternative with the property value going down is to ask them to accept less than the appraised value and then the County would probably end up in eminent domain situation, where appraisals would have to be updated, which would exceed more than 10 percent of the value of this particular contract; and the County would have to pay for their appraisers and other experts possibility hired.  He stated Phase 1 standard procedure along road corridors where the County is taking a strip of property is typically not done as a Phase 1 assessment unless there is reason to believe the particular property is contaminated; and often the most likely source of a containments in these circumstance is the ditch that is in front of the property, which is County property; and often the County ends up having to perform the clean up regardless.  He stated he does not know what the situation was when Commissioner Infantini was referring to the boat ramp he believes Phase 1 was done, but was not involved with that particular project.

 

Commissioner Nelson stated this is a circumstance where there is no incentive for the seller to sell the property, because the County paid for their Attorney and experts; and there is no way to recoup the 10 percent in that process.  He stated in a road construction project is rightly or wrongly stacked in the favor of the landowner; he thinks good negotiations have been made; and the project needs to move on.

 

The Board exectued Contract for Sale and Purchase between Brevard County and V & S Realty Co., Inc., and waived the Phase 1 Environmental Assessment and survey requirements, for property needed for Barnes Boulevard widening project.          

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Andy Anderson

NAYS:                 Trudie Infantini

ABSENT:           Mary Bolin

 

 

AUTHORIZATION, RE:  MUNICIPAL REVIEW OF LOCAL OPTION GAS TAX PERCENTAGE ALLOCATIONS

 

Commissioner Nelson stated he pulled this item, because after he has been on the Board of County Commissioners there was a formula in place for the distribution of Local Option Gas Tax (LOGT) that has been in place for the basis of bonding and a variety of things, but what he discovered was it is unfair to the unincorporated area; the population of the unincorporated is counted; and then the cities are all counted and divided up, so the County can get a portion.  He stated the County then will take its money and spend it in cities; he is not aware of any circumstance where a city has ever spend a dime outside of their boundaries; and he is finding the County is spending money that should be intended towards the unincorporated area, because that was the basis for the distribution.  He stated it is in effect cheated by that process, so he has objected every time this comes up; and will continue to object, as long as he is here because it is unfair to that segment of the community, which is 250,000 folks.  He stated it cannot be fixed now because the County has bonded itself on it, but should it ever come up while he is on the Board; he hopes in the future it will be reassessed about how that formula works in a way that is fair; if money is going to be spent inside of cities, which the County does have responsibilities inside of cities, but that is not the issue; the County is not giving itself credit; and are taking money from unincorporated and spending it in incorporated areas.  He stated he is going to move the distribution, because he does not want to delay it; he hopes this Board gets a shot at some point in the future to try to resolve that issue, because it is unfair to the unincorporated area of the County.

 

Commissioner Anderson inquired if there is a way to do it by road mileage, by County roads, which are municipal roads instead of population; and inquired is that legal to do.  John Denninghoff, Public Works Director, responded the statue that governs the distribution of the LOGT has a default state formula that is based primarily on population; it allows for by interlocal agreement for there to be an alternative formula to utilize what the distribution would be; and in Brevard County, when the LOGT was first implemented there, was a formula that was put forth that was really a combination of population and transportation expenditures of roadways, which is why it goes through the two-step process each year.  He stated when the interlocal agreement was implemented it has been stuck with it since that time and it exists now; the LOGT bond right now is bonded out on the 30 year bond; it matures in 2036; and he is not sure what can be changed on the current LOGT.  He stated if new LOGT were implemented then there would be a new interlocal agreement that would govern those gas taxes.

 

Commissioner Nelson stated with the dollars bonded already it could create more dollars if a new calculation was created; he is not sure if changing it at this particular point-in-time   or having the discussions would impact the ability to pay back currently borrowed, to give additional revenue.  He stated he does not have a problem spending the money in cities, but to the extent the County uses that as part of the calculation, which is currently not done.

 

Vice Chairman Fisher mentioned he thinks the formula today does not work like it use to; the County is down $360,000 this year in revenue, because of where the economy is; and he agrees with Commissioner Nelson.

 

The Board directed the Clerk to the Board office to send copies of the Local Option Gas Tax Percentage Allocation to City's of Cape Canaveral, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge. Satellite Beach, Titusville, and West Melbourne; and Town's of Grant-Valkaria, Indialantic, Malabar, Melbourne Beach, Melbourne Village, and Palm Shores for review.            

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

TASK ORDER 07-04 WITH SCS ENGINEERS, RE:  PREPARATION OF CONSTRUCTION PLANS AND ENGINEERING SERVICES FOR STORMWATER IMPORVEMENTS AT SARNO ROAD CLASS III LANDFILL

 

Commissioner Infantini stated she pulled the Item because the Task Order was signed in 2004; SCS Engineers have been given this assignment; inquired when was the last time the engineering Request for Proposals (RFP) was put out to get new engineers onboard; and did they submit as part of that process.  She mentioned she just wanted to make sure SCS Engineers are part of the County's approved list.

 

Euripides Rodriguez, Solid Waste Management Director, stated this Task Order was put out in 2007; SCS Engineers was one of two selected during the RFP process in 2007; and there were a couple of engineering firms from the 1990's, those will be coming to the next Board meeting for future cancellation for the contracts, and go out for RFP, but this is a very recent RFP.

 

The Board executed Task Order 07-04 between Brevard County and SCS Engineers to prepare construction plans for, and provide engineering services during construction of stormwater improvements associated with expansion of the Sarno Road Class III Landfill.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

AGREEMENTS WITH ATLANTIC INCLUSIVE ACADEMY, HOLY TRINITY EPISCOPAL ACADEMY, TEMPLE CHRISTIAN SCHOOL, COMMUITY CHRISTIAN SCHOOL, AND BREVARD COUNTY PUBLIC SCHOOL, RE:  THE DORI SLOSBERG DRIVER EDUCATION SAFETY ACT/DRIVER EDUCATION SAFETY TRUST FUND

 

Commissioner Infantini stated she pulled the Item because of a surcharge of $3 to $5 on traffic tickets; she thinks different municipalities are already going to be going after residents enough; she is not in favor of this; and she will not be voting to approve the item.

 

Stockton Whitten, Assistant County Manager, stated that surcharge of $5 was increased in 2007.

 

Commissioner Infantini inquired if there is a way to decrease it back to 2007 numbers.  Mr. Whitten responded there is by ordinance adoption of the Board; and the application process is for the dollars that are on-hand, which are products of that $5 surcharge.

 

Commissioner Nelson stated what is being said is giving $2 back to somebody that has violated the law instead of using that money to train kids how to drive and be safe; he would not support going backwards; and he thinks this is necessary and moves the item.

 

Commissioner Infantini stated she does agree with the driver training; and she will second it.

 

The Board executed Agreements with Atlantic Inclusive Academy, Holy Trinity Episcopal Academy, Temple Christian School, Community Christian School, and Brevard County Public Schools, for funding from the Dori Slosberg Driver Education Act/Driver Education Safety Trust Fund for $275,000; and authorized the Chairman to sign any changes or amendments to the budget or contracts with previous approvals of the County Attorney and Risk Management.    

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

Nancy Roberts expressed her thanks to the Board for the opportunity to speak in person as a library advocate.  She stated her husbands father is a rocket scientist, his mother a career elementary school teacher and reading specialist in Brevard County schools, who moved here in 1947; Melbourne Library was their home library; and all four of their children graduated from Melbourne High School, with an appreciation of lifelong learning and the resources available to them throughout their lives.  She stated her colleague's have coordinated the 15 Friends of the Library Association's discussion of the impact of the possible Countywide cuts; over 25,000 Brevard citizens pay to be Members of the various Friends Organization's; and as library advocates it appreciates the Board navigating so many difficulties.  She stated she hopes the Board will continue to display expertise to voters by sustaining library funding at the present level, until the economic down-turn ends; additional library cuts are unimaginable, after reducing hours and personnel the libraries serve the communities needs minimally; and at this crucial time when close to an estimated 7,000 to 10,000 space personnel and surrounding businesses that might be effected by the Shuttle Program.  She stated the libraries need to be opened with professional staff to serve those who need to retool their skill sets; the libraries are culture centers and shared living rooms in tranquil environments, in which to think and consider new options in this dynamic economic situation; and no virtual community on the web or well ran book store can replace a library.  She stated public libraries are fabulous resources; government officials at all levels are directing people to use libraries for job seeking help and to find information to continue education; libraries are the go-to-place for citizens; and with little or no access to computers to fill out applications, write resumes, or faxing needs are helpful.  She stated working voters pay taxes and non-working voters require tax monies to survive; the uses of libraries are wide and varied ranging from childhood educational enhancements, to community venues for seniors to follow their interests and to encourage an exchange of information; and volunteers already fill the equivalency of over 35 full-time employee positions and professionals are stretched to the limit.  She stated libraries are the community; areas with poor libraries have lower property values, equating to reduced tax assessments, creating a destructive downward spiral; decent libraries make decent community's.  She stated she loves all of the libraries, she votes, and wants the Board to consider the need for libraries for Brevard County citizens.

 

Vice Chairman Fisher stated one of the concerns of this Board is the budget, to maintain the same level of service in the future as had been in the past; one of the things he is interested in learning is understanding at the current tax rate if it going to be very difficult to maintain the same service for libraries and parks; and he inquired if Ms. Roberts' advocacy group is willing to pay the exact same taxes this year as paid last year to keep those services in place.  Ms. Roberts replied yes, everyone is certainly willing to pay the same taxes as last year.

 

Commissioner Anderson stated he gets just as many people who do not want him to raise the millage rate; and he appreciates the library advocates, but he will not do a millage rate increase in regards to the situation.

 

Ms. Roberts stated there will be a budget discussion on May 13, 2010; and they can go toe-to-toe on millage rates then.

 

Jane Beskow stated she is present today to represent the library advocates; she has with her today a petition with 7,703 signatures from citizens of Brevard County and they have been collected in just under three weeks; and she wants to give each Commissioner a button to show support of the libraries.  She stated as going through future funding for the library, keep in mind that 7,703 people who have signed the petition asking for the library funding to remain at its present level; she hopes the Board understands and appreciates the full benefits that the libraries provide to the community; and any ideas of libraries as free book stores is naive, because libraries are much more than that to the community.  She stated support for libraries is essential, to quote Henry Ward Beecher the brother of Harriet Beecher Stowe "A library is not a luxury, but one of the necessities of life"; this is the time for the Board to provide solutions, to be the practical and positive public servants elected; and present solutions that work with a road map to move forward, with a realistic plan for stabilized funding for the libraries.  She stated for many years the Board has strongly supported the development of its outstanding library system; it is an awesome system, with upgraded technologies, and provided adequate operating budgets; and she hopes this Board shows the same support of libraries as previous Board's have shown.  She stated the Florida State Legislature has agreed to restore State aide to public libraries at the current year level; it is expected that the County will do no less; and she urges the Board to maintain the library system funding at its current dollar level, so that library open hours and book budgets do not decrease next year.  She stated she wants the Board to understand how much the library is loved; it is a passion of hers; and the Board's contribution and role in the community is appreciated.

 

Vice Chairman Fisher inquired, for the record, what the petition was for.  Ms. Beskow read aloud what the petition says, "The Brevard library system has been cut by more than $7.2 million in past two years, representing a reduction of over 26 percent, a further $2 to $3 million budget reduction is projected for the next fiscal year beginning October 1, 2010, and these cuts have already devastating impacts on library book budgets and open hours, with more reductions certain for next year, unless the County Commission acts to maintain current funding levels; and we, the undersigned, are concerned Brevard County residents who urge our County Commissioners to maintain the library systems funding at its current dollar level and appose any further reductions in library budgets."

 

Amy Tidd stated she is with the Friends of the Library in Rockledge Cultural Arts Center; she also takes her time as a citizen to come to the libraries; and when she moved to the community from Cuba in 1992, with two children, she spent a lot of time at the library.  She stated it is a tough time for Brevard County and employment is up, job loss is pending on many people, and the library demand is up, with folks looking for jobs and families looking for entertainment, because their cable has been cut; and this is the peoples quality and way of life; and literacy is supported by the libraries; and it is the pathway to economic recovery and job growth for the community.  She stated the millage cut that is proposed is 20 percent, which is 56 full-time employees, and the potential of one major library that serves many people; three out of five residents last year totalling 285,000 were  patron's of the library, which is a high usage; and if tax dollars are looked at the cost to taxpayers is the cost of buying one book.  She stated she is asking the Board to keep the funding at the same amount; there are a lot of visitors who come to libraries; and if internet usage is tracked, it may be able to get some money from the Economic Development Commission (EDC), because it has great tax dollars.

 

Tamara Bright stated her letter was presented to the Board about how she thought her neighborhood in Mims and Scottsmoor felt about the library; she has talked with individuals age 13 to 20 and found they look at libraries as a future gathering place to not get involved with the wrong crowd and is a fun way to use their time; and the science fair programs can also be beneficial the younger crowd as well.  She stated churches in neighborhoods can put a certain amount of money towards the libraries to save them, which will be a big help in the community.  She stated in the hearts of Americans libraries are not just seen as a place to get a book or a video, but it is home in the hearts of Americans, because almost everybody there is a neighborhood family member to her; and she wants it to be kept in the neighborhood, because it is a history block.  She stated job funding should not be taken away; it is supposed to add to the job; and not be the days of depression.

 

Sue Simoes, President, Friends of Melbourne Beach Library, stated economically this cannot be done, because the resources that come out of libraries are to help everybody in the community; and in Melbourne Beach there are 15,000 people a month that come to the library, which is a big amount for a Town of 35,000 with another 3,000 to 4,000 in the unincorporated area.  She stated the Town of Melbourne Beach itself was fighting a 7-Eleven that was going to be built on a corner; she was part of a four-person group that fought it and actually got the Town of Melbourne Beach to pay one-half of $1 million for that land where the library is; and over 83 percent of the Town of Melbourne Beach voted for it for $30 for every $100,000 that their property was worth.  She stated when the Board thinks about things that have been fought for; she wants the Board to think about her little Town; and The Friends Group is wondering how many more fundraisers can it do.  She stated the Board has no idea what it takes; she has a full-time job and tries to come up with more money to help fund the library; it is cut down to a little over 40 hours per week; and in that 40 hours per week she cannot remember the hours open, she has to call and inquired the hours of operation.  She stated the computers are backed up with people trying to use them, all the books are being checked out, and are constantly being used all the time; she inquired if the Board can sustain what they have; and cuts are being spoken of and she does not want the Board to cut straight across the board by 20 percent, she wants the Board to go back and relook that maybe somebody does not need to go home with the County vehicle, cell phone, or coffee budget, but give back to the people what it is they are use to having.  She stated she knows Brevard County is 17 miles long; it is all people have in these tough economic times; and this is their resources for entertainment and research; and she inquired if the Board will consider not cuts.  She stated 1,100 of those signature on the petition were from Melbourne Beach and they do vote too.

 

Sandra Karwell stated she is running for Palm Bay City Council and is a long time resident of Palm Bay, which may surprise the Board, because when she was 11 she went to the original Palm Bay library; it was not bigger than a closest; and the person what ran the library would allow kids to take out one book, but she wants the Board to realize it was the first time that she could acknowledge that she was part of a community; and prior to that she was just a kid of a family, but when a book is checked out from a library the person becomes apart of the community, which helps the horizons get bigger.  She stated she absolutely supports the library; she goes to all libraries on a regular basis, because she travels all through Brevard; and she is very active in the community with Melbourne and Palm Bay Libraries knowing who she is.  She stated there is no reason to cut any budget from the library, in fact, she feels very strong that the budget should be increases, because these are the resources of the people; and a budget that could be looked at for cuts is Code Enforcement.

 

Commissioner Infantini stated the Board only sets the millage rate and then that is a function of how much is collected from the millage rate, however, there is no direct supervision over the line items of that budget; and last year one of the line items spent to purchase CD's and DVD's, with all the folks referencing books that are purchased and how the book budget is being cut, but had there been a little more efficient job of managing the funding had in the past, then perhaps, the extra $500,000 would be there; and she knows a lot of CD's and DVD's are checked out, because she has four kids and her daughters bring home movies, which some have surprising content in them; and that is going to be the topic of another discussion of which kinds of CD's and DVD's should be purchased.  She stated she is sorry, but she is concerned that $500,000 was spent; she has researched the budget, but there was $500,000 spent for CD's and DVD's; and some of it was R-rated materials.

 

Jeri Russell stated she is present today with her children; she did not come here today to speak, but she is a home schooling mom in Brevard County; and there are thousands of home schoolers who use the library for curriculums, supplementation's, science fairs, and it is a big part of the community.  She stated home schooling is growing; everyday there are new members coming in; and they truly do depend on the library and are there two or three times a week.

 

Kay Burke stated she is a Member of The Friends of the SunTree/Viera Library and a citizen that has been voting since 1975; prior to that she has voted in other areas of Florida since 1962; and has voted in North Carolina as well, which is where she grew up.  She has used libraries since she was six years old; she believes libraries are very helpful to people; she still uses the library; and she thinks using the library makes one a part of the community.  She stated there are libraries from Titusville to Palm Bay; she has been in every one of them; she finds them all to be wonderful community facilities; and last night she had the privilege of attending a County Commission in Judicial Candidate Forum at the SunTree/Viera Library, which is one of the many things that a library can do to offer a facility for public forums.  She stated the library gives us so many chances to have things to read, see things on computers, to listen to wonderful music, periodicals, and research materials that are important to all ages.  She stated libraries are useful to everyone no matter the age, race, or religion; they need to be available to every taxpayer; little children and older people should not be punished to use other facilities; and one cannot sit on a County Commission and make judgment based on their own personal agenda.  She stated a County Commissioner was not elected to make decisions in their own home; they were elected to make decision on the greater good of communities; and inquired if that cannot be done or understood why are they sitting there.  She stated she understands millage rates, decisions, and Economic Development Commission (EDC) will be before the Board with their high-roller, big-business, and fast-talking agenda; and inquired if EDC will ever meet their goals.  

 

Commissioner Anderson stated he has received a lot of emails on this subjects, but unfortunately the economy and property assessments went down; he is going to tell everybody, it will be worked out, but he wants everyone to know where he stands; he walked 10,000 doors twice when he ran for election; and every time he went to one of those doors, one of the promises made was he would not raise taxes, regardless of the circumstances; and he is a man of his word.

 

Commissioner Infantini stated the same message goes out in her email as well; she thinks the budget is a very challenging process to go through; and if spending would stop to promote certain redevelopment districts; and if less money was spend on CD's and DVD's there would be enough money left over.  She mentioned the Cody Study; if there were not such huge pay increases in 2006 when she worked for the Clerk of the Circuit Courts Office; she tried to warn the economy was slowing down and there were going to be fewer dollars; and there is 18 percent fewer staff at the library, yet the salary cost is the same as 2004 with decreased personnel of 18 percent due to raises.  She stated the one thing that could have been done for the library is roll back the Cody Study, that would cut the cost of compensation while keeping the same number of people there; it is a suggestion, and the same pinch would not be felt; people do not have to be gotten rid of; but what may be done is cut pay, stagger hours, and there are other ways to try and work out the problems right now.

 

Commissioner Nelson stated property values have gone down, but one of the dilemma's the Board is faced with is, is an increased millage to recapture the amount of money that was lost is not a tax increase; the real issue is dealing with millage or what is actually point out-of-pocket; and he thinks that is what Vice Chairman Fisher was trying to say at the last meeting.  He stated when talking about the Cody Study, half the beneficiaries of the Cody Study were Deputies; inquired will the pay raise be taken back from them, plus the one that the Board voted to give them last year, in addition to the Cody Study; stated library folks were underpaid for years and years; and now to punish them for being underpaid is wrong.  He stated the study was done to evaluate the market for salaries; it is done and moving forward with service needs to be done; he is still willing to talk about it, he is concerned, and his fear is reducing library hours; and reducing is going to cause not having adequate books or materials and he does not think that is the quality community that is looked to have.  He stated over the course of years there have been numerous meetings he had as a County staffer that were held at the libraries; and now as a Commissioner, many of the meetings that he has are in the County libraries; he has had a gentleman at a walk-in library say to him that he cannot see any impacts with all the cuts that have been made; and the point he made to the gentleman was initially the Board met at 9:00 and now it meets at 10:00.  He stated there will be some tough decisions to make and he does not want the Board to lock itself out of any opportunities to look at the budget; at one time the General Fund portion was talked about and other special milliages will be looked at too; there is no help for them anywhere else and there is no ability contrary to Commissioner Infantini's desire to take redevelopment monies and give it to the libraries; and by law, that cannot be done.  He stated libraries have to be dealt with on a millage basis and that is the only choice given; he hopes as a Commission it continues to have discussion, because otherwise, he thinks the Commission will be doing a disservice to the community.

 

Bernice Haberman stated Tallahassee was supposed to give libraries money; nobody has talked about that; and she inquired if the Board read that Tallahassee was giving money.  Vice Chairman Fisher responded he believes the funding level was kept the same as it was in the past; he does not believe it has increased any money; and has taken money away.  Ms. Haberman  inquired if it would help.  Vice Chairman Fisher responded unfortunately no, because the property values dropping have affected the situation.  Ms. Haberman inquired if a library tax can be created.  Vice Chairman Fisher responded it would mean increasing the millage, which would possibly mean the same amount this year as last year depending on the property values; and if he has heard this group today the library individuals are willing to do so.  Ms. Haberman expressed her thanks to the Board for taking the time to consider the library situations, because she knows it is not an easy job to do so.

 

Commissioner Anderson stated he knows the Board will get through this; it has heard from staff of the leveling of assessment drops in a couple of years; and Commissioner Nelson is the biggest cheerleader for things are going to get better and he hopes Commissioner Nelson is right, because assessment drops in the next couple of years are going to be tough.  He stated talks about millage increases or tax increases; and principally he thinks it is; especially in situations with small businesses that do not have homestead exemption, because those are the people who provide jobs in the community.  He stated his intent is to not close any libraries or have a reduction of service, which is a horrible thing; but he has to keep things in balance.  He goes to the library three times a week with his children, so it is not like he does not use the library, however, he has a hard time going out with the image of a young man, the first President George W. Bush, saying he would not ever raise taxes; and he did.  He stated if the Commission wants to look at subsidizing some of the library through the General Fund, which is something he is not thrilled about; it would mean reductions such as a firefighter or a drainage issue; and he did hear one lady mention not to pave anymore roads, which he has a problem with, because all of the roads in his district are bad; and it is not that he is discounting what the library advocates have said it is just a tough debt situation right now and it will be fixed.  He stated the their voices are not unheard it is as elected officials they are stuck in predicaments.   

 

Vice Chairman Fisher stated after running for election he knows one of the worst things an individual can do is make a bunch of campaign promises, because a person does not really know what kind of environment he or she will end up in or what needs to be done; he kind of stayed away from the campaign promises and still was elected, but the last thing to do is make a decision before all the facts are in; and this is the direction this Commission is moving in.  He stated he is a Commissioner that has a small business, pays a small business tax, a real estate tax, a State intangible tax, and property taxes; he will be the first to say that he is taxed pretty heavily, but at the end of the day, it is about service to the community and keeping services at a certain level; and he is happy to see the people here today saying they are willing to pay for that service, because it is important to the community; and he hopes Parks and Recreation and Animal Services do the same thing.  He stated as an elected body it has to understand the President Bush's of the world, to look at the facts, situations, and be flexible enough to change minds.  He stated if there are concerns about libraries people should go see the Commissioner in their district, take those 7,003 signatures and the 7,003 people and let them know libraries are important and they are willing to pay for them.        

 

 

RESOLUTION, RE:  PETITION TO VACATE PUBLIC UTILITY EASEMENTS - PERSIMMON DRIVE, BAREFOOT BAY, UNIT ONE - PAUL BOIT/BAREFOOT BAY REALTY

 

Vice Chairman Fisher called for a public hearing to consider a resolution for petition to vacate public utility easements at Persimmon Drive, Barefoot Bay, Unit One, as petitioned by Paul Boit/Barefoot Bay Realty.

 

John Denninghoff, Public Works Director, stated the vacating petition is a fairly routine one and many of these have been done in Barefoot Bay to unify two separate lots, to make them into one; and there are no objections to this petition.

 

Commissioner Infantini inquired if this violated any deed restrictions.  County Attorney, Scott Knox, responded no.

 

The Board adopted Resolution No. 10-092, to vacate public utility easements at Persimmon Drive, Barefoot Bay, Unit One. 

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

RESOLUTION, RE:  PETITION TO VACATE ALLEY - SOUTH OF SPRING STREET, PLAT OF HARDEEVILLE - BATHINA ENTERPRISES, INC./SHARON TOWLER

 

Vice Chairman Fisher called for a public hearing to consider resolution for petition to vacate an alley south of Spring Street, Plat of Hardeeville, as petitioned by Bathina Enterprises, Inc./Sharon Towler.

 

John Denninhoff, Public Works Director, stated this item was before the Board at a previous meeting; the petitioner has clarified all of their issues; and he has no objections to this item.

 

The Board adopted Resolution No. 10-093, to vacate an alley south of Spring Street in Plat of Hardeeville. 

 

MOVER:             Chuck Nelson, Commissioner District 2

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

ORDINANCE, RE:  REVISING CHAPTER 62, ARTICLE V, SECTION 7 - EDUCATIONAL IMPACT FEES

 

Vice Chaiman Fisher called for the public hearing to consider Ordinance revising Chapter 62, Article V, Section 7 for Educational Impact Fees.

 

Robin Sobrino, Planning & Zoning Director, stated this is a request to amend the administrative retainer for the educational impact fees; right now, by Ordinance, the County is retaining two and one-half percent; all of the other Impact Fee Ordinances provide for an eight percent retainer; and since funding has been dropping over the years it is looking to stipulate the maximum percent similar to all other Ordinances.

 

There being no objections hears, the Board adopted Ordinance No. 10-009, to amend Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; Amending Article V "Impact Fees"; amending Division 7 "Educational Facilities"; amending Section 62-931 use of funds to increase the percentage of fees that may be retained by the County for administration of the Impact Fee Program; providing for legal status; providing for severability; providing for area embraced; providing for conflicting provisions; and providing an effective date. 

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

STIPULATED SETTLEMENT AGREEMENTS WITH FLORIDA DEPARTMENT OF COMMUNITY AFFAIRS, A. DUDA & SONS, INC., AND THE VIERA COMPANY, Re:  VIERA DRI

 

Vice Chairman Fisher called for the public hearing to consider Stipulated Settlement Agreements with Florida Department of Community Affairs, A. Duda & Sons, and The Viera company for Viera DRI.

 

The Board continued the public hearing to consider Stipulated Settlement Agreements with Florida Department of Community Affairs, A. Duda & Sons, and The Viera Company for Viera DRI, to the May 18, 2010 Board meeting.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

ORDINANCE, RE:  ECONOMIC DEVELOPMENT TAX EXEMPTION FOR LOCKHEED MARTIN IS & GS DEFENSE/PERSISTENT SURVEILLANCE

 

Commissioner Fisher called for the public hearing to consider an Ordinance for Economic Development Tax Exemption for Lockheed Martin IS & GS Defense/Persistent Surveillance; and he has a speaker card for the item.

 

Christy Fisher, Planning Director, City of West Melbourne, stated she believes the Board should have received a letter from the City of West Melbourne, that was sent out yesterday in support of this item.  She stated the reason she is present today is for the Board to know the City of West Melbourne officially supports this; and she certainly encourages the Board to vote in favor of this.  She stated the City of West Melbourne is very excited about the potential; it has already been through all the approvals with the City of West Melbourne; and it is what the City of West Melbourne calls a waived district.  She state Lockheed Martin has just recently been brought into the City of West Melbourne and have made them apart of the waived district, so all these good things for economic development are happening; and it should have a ripple effect to the South County.

 

There being no objections heard, the Board adopted Ordinance No. 10-010, granting an Economic Development AD Valorem Exemption to Lockheed Martin IS & GS Defense/Persistent Surveillance; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Chapter 196.012 F.S.; providing for proof of eligibility for exemption; Lockheed Martin IS & GS Defense/Persistent Surveillance; and providing an effective date.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

DISCUSSION, RE:  OPTING OUT OF CLASS ACTION SUIT - MONROE COUNTY V. PRICELINE.COM, INC.

 

Scott Knox, County Attorney, stated he is recommending the County opt out of the class action suit involving Monroe County; Brevard County has its own suit pending; and stands to do better if the County pursues its own suit.

 

The Board approved recommendations from Attorney Knox of opting out of class action suit against online travel companies filed by Monroe County, and continuing pursuit of Brevard County suit against Priceline.com, Inc., for recovery of unpaid tourist development taxes.

 

MOVER:             Andy Anderson, Commissioner District 5

SECONDER:     Chuck Nelson, Commissioner District 2

AYES:                 Robin Fisher, Chuck Nelson, Trudie Infantini, Andy Anderson

ABSENT:           Mary Bolin

 

 

DISCUSSION, RE:  RULES FOR ITEMS PLACED ON AGENDA AND THE PLACEMENT

 

Commissioner Infantini stated she would like to see some of the resolutions read at Zoning meeting, because right now the Board goes through about one and one half-hour of resolutions and presentations; she inquired if there is a way to cap the time limit on presentations heard before all other Agenda Items; and if the presentation is more than five minute it be moved to the back of the Agenda, because she has had people contacting her office as to the length of time presentations go on.  She mentioned one time there was a presentation about the Census; the presenter then handed out his own awards; and it was a very lengthy process.  She stated it is a long process before getting to the business of running the County, as opposed to showing the resolutions that recognize different individuals; and she inquired if perhaps some of the resolutions could be done in evening meetings, to help cut down on time frames.

 

Commissioner Anderson stated, as a suggestion, he has noticed the lengthy timeline at times; and inquired if it is longer than a certain time for the presentation should it actually be agenda'd as an Agenda Item under New Business.

 

Commissioner Nelson stated he thinks the rules do call for that; and the Board has a wonderful, clunky Agenda and it is what it is, such as with today's presentation by Sarasota County Commissioner Jon Thaxton; and if he would have been placed somewhere else in the Agenda, he would not have been able to get back for his meeting this afternoon.  He stated one of the best parts of what the Board does is the recognition of the community and the educational factor that occurs getting a different perspective of what is done; and he thinks it works okay the way it is and he has not received any calls in his office about complaints of the Agenda having problems.  He stated he does not want to take away from any Commissioner the ability to do what needs to be done.

 

Commissioner Anderson stated he understands it to be the Chairman's rule.  He stated if it is just a presentation, not a resolution or award, his office will make a good effort that if it is going to be longer than five minutes it will be put under New Business.

 

Vice Chairman Fisher stated like kind of having an unwritten rule and try to move the item to New Business, if lengthy.

 

Commissioner Nelson stated there is always the opportunity to coordinate with the County Manger for placement on the Agenda.

 

Commissioner Infantini inquired if any of the resolutions are allowed to be read in the evening; it may make it easer for the kids who are in school; she does know in the past, resolutions have been read in evening meetings and the only evening meetings held are the Zoning meetings, which is a good way to help accommodate some of the folks, which is why, in part, it is put in the beginning of the regular meetings, so he or she does not have to wait through a long meeting, and to help make it easier, so school or work would not have to be missed to be recognized; and it would not detract from the recognition whatsoever.

 

Commissioner Nelson stated he thinks it can be left up to each Commissioner's decision, because sometimes timeliness has everything to do with it; and he does not think there is a one-size-fits-all solution.

 

Vice Chairman Fisher stated if a Commissioner wants to move a resolution to an evening setting at a Planning and Zoning meeting, since they will be the ones reading it, there can be a choice of when it is best to read it.  He inquired if it is an unwritten rule is Commissioner Infantini okay with it.  Commissioner Infantini responded that it would be fine.

 

The Board reached consensus that a Commissioner has the ability to move resolutions to an evening Zoning meeting; and any Item normally under the Resolutions, Awards, and Presentations (Less Than Five Minutes) portion of the Agenda, that a Commissioner believes may take more than five minutes, can be moved to New Business on the Agenda, in coordination with the County Manager and the Chairman of the Board.

 

 

Commissioner Fisher stated there is a budget workshop scheduled; and inquired if it will start at 12:30 p.m.  Howard Tipton, County Manager, stated he would like for Commissioner Fisher to tell him what time he would like the workshop to begin.

 

Commissioner Infantini stated the Board needs to give the Recording Secretary personnel from the Clerk of the Circuit Courts Office time to go out and grab something to eat, because there was one meeting that lasted until 6:00 p.m., with three five minutes breaks; and that is not enough time for people to go out and grab something to eat; and she does not want to make the same mistake twice.

 

Commissioner Fisher stated the budget workshop will start at 12:45 p.m.

 

 

 

 

 

 

Upon motion and vote the meeting adjourned at 12:00 p.m.

 

 

 

 

ATTEST:                                                       __________________________________

                                                                      MARY BOLIN, CHAIRMAN

                                                                      BOARD OF COUNTY COMMISSIONERS

___________________                          BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK