MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 12, 2010

 

 

The Board of County Commissioners of Brevard County, Florida met in regular session on January 12, 2010, at 9:02 a.m. in the Government Center Florida Room, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Mary Bolin, Commissioners Robin Fisher, Chuck Nelson, Trudie Infantini, and Andy Anderson, County Manager Howard Tipton, and County Attorney Scott Knox.

 

 

The Invocation was given by Reverend Robert E. Adams, Jr., Faith Presbyterian Church, Merritt Island.

 

Commissioner Infantini led the assembly in the Pledge of Allegiance.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to approve the August 18, 2009, November 5, 2009, and November 17, 2009 Regular Meeting Minutes; and September 8, 2009 and October 29, 2009 Special Meeting Minutes.  Motion carried and ordered unanimously.

 

 

 

Commissioner Nelson read aloud a Resolution commending the Cocoa High School Tigers Football Team as the 2009 FHSAA Class 2A State Champions.  He noted he had the pleasure of watching the game on television; for those that do not know, this is the second year in a row that they have won State Championship in football; and they are all remarkable kids.

 

Chuck Goldfarb, Athletic Director, accepted the Resolution for Coach John Wilkinson, because Coach Wilkinson is attending a Football Convention in Orlando; and he brought a few key players today to represent the Tigers.

 

Motion by Commissioner Nelson, seconded by Commission Fisher, to adopt Resolution commending the Cocoa High School Tigers Football Team as the 2009 FHSAA Class 2A State Champions.  Motion carried and ordered unanimously. 

Commissioner Anderson read aloud a Resolution recognizing and commending the Brevard Caribbean American Sports and Cultural Club Association, Inc. for its outstanding efforts and offered congratulations and best wishes for a successful future.

 

Wayne Savage, President Brevard Caribbean American Sports and Cultural Club Association, Inc. (CASCCA), accepted the Resolution, stated thanks, and explained CASCCA is an organization known for Cricket; he remembers Commissioner Nelson in the past, was the Parks and Recreation Director and there was a very vibrant Cricket Program in Palm Bay, with the best field anywhere in Florida to play; and they had the pleasure of hosting a team from New Zealand.  He stated he is happy that CASCCA is going to be recognizing the legacy of Dr. Martin Luther King this Saturday at a great cross-cultural atmosphere that the CASCCA presents in Palm Bay and has, for the past seven years; and he thinks CASCCA has one of the best family festivals anywhere around, which is the Caribbean Jamboree at Palm Bay Regional Park.  He stated CASCCA works with the youth in trying to make sure there is an understanding between people regardless of what they look like, sound like, and where they are from; and he wants to make sure people understand that regardless of race, all are to come together, live together, and be at peace together.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to adopt Resolution recognizing and commending the Brevard Caribbean American Sports and Cultural Club Association, Inc.   Motion carried and ordered unanimously. 

 

Commissioner Fisher introduced Neta Harris; she has been very involved in the Birding and Wildlife Space Coast Festival that takes place countywide; and it brings a lot of people to Brevard County.  He stated thanks for everything that Ms. Harris has done for the festival.

 

Neta Harris stated there is a big festival coming and the North American Gull Conference (NAGC) has been folded into this festival; and they are getting a very good response to that, because there has not been a NAGC since the year 2000 in Canada.  She stated it is very exciting and there has been such a wonderful response from the people who are registering for the festival; and it is certainly appreciated to be able to promote the festival throughout Brevard County and the world.  She noted one thing she would like to call attention to is that it is just her present today; she usually comes with birds, snakes, turtles, and alligators; and she thought she would just come as a typical birder  She continued, to bring attention to the festival’s program, which is disbursed all over Brevard County, features a photo by David Allen Sibley, a nationally/internationally noted Artist; it is an original painting by him and he also has signed an original painting; and it will be in the festival’s silent auction as a fund raiser.   She stated the Festival will be January 27, 2010 through February 1, 2010 headquartered at Brevard Community College in Titusville; field trips will be held throughout Brevard County and five other counties in East Central Florida; there will be classroom presentations at the college and Merritt Island National Wildlife Refuge (MINWR); an opening reception will be held on Wednesday; and the Board is cordially invited, along with County Attorney Scott Knox, County Manager Howard Tipton, and staff.  Ms. Harris stated there is a video that was prepared with assistance of the Space Coast Office of Tourism through a grant through Visit Florida; this video will be in an award category that is only for festivals; hopefully she can come back and tell the Board that it was an award winning video; and she would like to present the video to the Board.

 

Chairman Bolin stated thanks to Ms. Harris for the video presentation; and stated it is a vital part of the culture in Brevard County.

 

Commissioner Nelson mentioned his wife and five of her friends signed up for the Haulover Canal, Mullet Creek kayaking run; it is in addition to those folks coming from out of town and there are a lot of locals who are taking the opportunity to go out there and support the program; and it is a great program.  Ms. Harris replied there is more of an interest seen in the locals of Brevard County and the surrounding counties; and she is very thankful for that.

 

Commissioner Fisher noted he is glad to see some Environmentally Endangered Lands (EEL) properties included in the program.  Ms. Harris stated she works very closely with EEL’s; and she hopes to see everyone on Wednesday at 4:00 p.m., for the opening ceremony, or at anytime during the festival.

 

 

Howard Tipton, County Manager, stated the Board has a workshop scheduled for January 14, 2010; he believes it is the Board’s intent to not have that workshop; and he is advising everyone that the January 14, 2010 meeting will be canceled.  He stated he would like to pull Item III.C.3, Acceptance of Audit Committee Reports, Re:  IT Risk Assessment-Public Report, Contract Compliance Reviews (Natural Resources and Facilities Maintenance), and Updated Risk Assessment and Audit Plan 2009/2010 to bring back to the Board at the January 26, 2010 Board meeting.

 

 

Commissioner Nelson stated yesterday he and Commissioner Infantini attended Representative Bill Posey’s forum for the Federal Legislative Session that is coming up; it was interesting listening to the citizens talk about what is important to them; and he thinks all the elected officials everywhere have their work cut out of for them, with the economy and the issues that are facing everyone.  He commended Representative Posey for holding the forum, because it does give citizens and constituents a chance to express their views on various issues.

 

Commissioner Anderson stated the Governor was in Brevard County to speak about the Space Center; stated he has extended an invitation to his opponent, Marco Rubio, to visit Brevard County to speak with the employees at the Space Center; and when that occurs he will notify the Board.

 

 

Chairman Bolin stated she attended the retirement party for Satellite Beach Fire Chief, Dan Rocque; it was quite a festive affair; and then the welcoming in of the new Fire Chief, Don Hughes.

 

 

Chairman Bolin stated she and Commissioner Nelson attended a benefit for the United Way and the Alzheimer’s Foundation, with Jack Smink as Elvis giving a great rock-n-roll performance; $21,000 was raised; and checks were presented to the charities.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to execute Binding Development Plan Agreement with Rishi Real Estate Properties, LLC for property located on the west side of North Courtenay Parkway, approximately 180 feet south of Duval Street.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to approve the legislative intent and grant permission to advertise revisions to Chapter 62, Article II, Section 62-102 and Article VII, Subdivisions, to create a minor subdivision process within the Land Development Regulations.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to approve and authorize the recording of the Deed from the Housing Authority of Brevard County to Brevard County for land needed for Brevard County Pumping Station C-04 located on Merritt Island.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to accept Sidewalk Easement from The Viera Company for Viera Park n Ride Lot on Porada Drive, located in Section 33, Township 25 South, Range 36 East.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to authorize the advertisement for and acceptance of proposals from qualified consultants to write the Brevard HOME Consortium Consolidated Plan; establish a Selection Committee consisting of the Housing and Human Services Community Resource and Planning Manager, a representative of the Brevard HOME Consortium, and Gay Williams, Housing and Human Services Director; establish a Negotiating Committee consisting of Assistant County Manager Stockton Whitten or designee, Purchasing Department Director Steve Stultz or designee, and Housing and Human Services Department Manager Ian Golden; and authorize negotiations by the Negotiation Committee.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini stated she needs to abstain her vote from this item.

 

Chairman Bolin stated it is understood, because it is Florida Institute of Technology (FIT).

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to appoint/reappoint Philip Nohrr, Pamela Gatto, William Potter, Barbara Wall, and D. Travis Proctor to Educational Facilities Authority, with terms expiring December 31, 2010  Motion carried and ordered; Commissioner Infantini abstained her vote.

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to adopt Special Magistrate’s recommendation to reduce the accrued fine for Case 09CE-02598 from $1,300 to the reduced sum of $300; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to appoint and/or reappoint Bobbie McMillan and Peggy Nolan to the Art in Public Places Advisory Committee, with terms expiring December 31, 2010; Mike Cunningham to the Building and Construction Advisory Committee, with term expiring December 31, 2010; Cindy Flachmeier and Melvia E. Scott to the Brevard County Commission on Status of Women, with terms expiring December 31, 2010; Ed Newell to the Central Brevard Library and Reference Center Advisory Board, with term expiring December 31, 2010; Doug Baker and Martha Kirby to the Citizen Budget Review Committee, with terms expiring December 31, 2010; Reverend Melvin Chatman to the Cocoa West Community Center Advisory Committee, with term expiring December 31, 2010; Lee Daniels to the Community Towing Task Force, with term expiring December 31, 2010; Gerald Hirt and Robert Williams to the Contractor’s Licensing Board, with terms expiring December 31, 2010; Liz Lackovich and Bill Powell to the Country Acres Advisory Board, with terms expiring December 31, 2010; Matthew Nye to the Economic Development Commission of Space Coast, with term expiring December 31, 2010; Bob Champaigne, Tom Dunkerton, and  Jim Heath to the EELS Program Recreation and Education Advisory Committee, with terms expiring December 31, 2010; Barbara Borman to the Emergency Medical Services Review Committee, with term expiring December 31, 2010; Kathleen England and Linda Mannier to the Employee Benefits Advisory Committee, with terms expiring December 31, 2010; Diane Stees and Kim Zarillo to the Environmentally Endangered Lands Procedures Committee, with terms expiring December 31, 2010; Mary Beth Hinshaw to the Extension Advisory Council, with term expiring December 31, 2010; Alan Brech, Benjamin Brotemarkle, Ann Downing, Roz Foster, Joe Morgan, and Rachel K. Wentz, Ph.D, RPA, to the Historical Commission with terms expiring December 31, 2010; James Marshal to the Investment Committee, with term expiring December 31, 2010; Giacomo Ilardi and Lewis Shigley to the Library Board, with terms expiring December 31, 2010; Jim Mazza, Rick McCrary, and William Powell to the Marine Advisory Council, with terms expiring December 31, 2010; Jill Addison, Dr. Carolyn Feltus-Atkinson, and Pat Pasley to the Melbourne Beach Public Library, with terms expiring December 31, 2010; Robert Williams to the Merritt Island/Beaches Service Sector Advisory Board, with term expiring December 31, 2011; Ben Charvet, Susan Ellison, Joyce Gordon, Susan March, and Fawn Raley to the Mims/Scottsmoor Public Library Advisory Board, with terms expiring December 31, 2010;  Gail Ratliff to the North Brevard Library District Board, with term expiring December 31, 2011; Pastor Glenn Dames and Neta Harris to the North Brevard Commission on Parks and Recreation, with terms expiring December 31, 2011; Jack Smink to the Parks and Recreation South Service Sector Advisory Board, with term expiring December 31, 2010; Cynthia Shaheen and Johnny Albert Diggs to the Personnel Council, terms expiring December 31, 2010; Bill Cannon and Henry Minneboo to the Planning and Zoning Board, with terms expiring December 31, 2010; Carmella Chinaris to the Port St. John Dependent Special District Board, with term expiring August 8, 2013; Vaughan Kimberling and Al Yorston to the Port St. John Dependent Special District Board, with terms expiring December 31, 2013; Carmella Chinaris, Constantine Daniel, Teri Patton, Maureen Rupe, and Beth Scheiner to the Port St. John Public Library Advisory Board, with terms expiring December 31, 2010; Joyce Bent, Laurie Chase, Mike Cunningham, Frances Salerno, Lisa Stephenson, Loretta Surface, and George Theriault to the South Mainland Advisory Board, with terms expiring December 31, 2010; Roger Boatman, Veronica Clifford, Lily Renzetti, and Jim Royston to the Spaceport Commerce Park Authority, with terms expiring December 31, 2010; Lois Katzin to the Suntree/Viera Public Library Advisory Board, with term expiring December 31, 2010; Rodney Honeycutt and Clarence H. Mills to the Transportation Planning Organization Citizens Advisory Committee, with terms expiring December 31, 2010; Marian Dionne and Hal Rose to the West Melbourne Public Library Board, with terms expiring December 31, 2010; and Fred Kusterer to the Zoning Board of  Adjustment,  with  term  expiring  December 31, 2010.  Motion carried and ordered unanimously.

 

 

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

 

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to accept the Brevard County Annual Investment Performance Report for the Year Ended September 30, 2009.  Motion carried and ordered unanimously.

 

 

Rasha Lutfi stated she represents David Carr who is a resident in the 55 plus community of Hollywood Estates; she is here today because of the on-going issues with this construction project; and Mr. Carr lives at 4200 Gail Boulevard, which is the abutting property to the two properties that the County purchased in mid-2008 to build the road to extend Henry Avenue.  She stated Mr. Carr is concerned and feels he has been put off by the County; he has retained her services for the issue of Henry Avenue; the project has begun, the pavement has not been put down yet, but they are getting ready to take the mobile homes off; and she is not sure what is happening with those mobile homes.  She stated Mr. Carr is a little upset because the lots were purchased in 2008; the Homeowners Association (HOA) meeting that took place in January, 2009 was the first time that he had heard of the construction of Henry Avenue; it was John Denninghoff, Public Works Director and a few other people from the City of West Melbourne who came to that HOA meeting; and she has a copy of the meeting minutes from January 2009 from the HOA for Hollywood Estates that she can share with the Board.  She stated the minutes tell the homeowners that the lots have been purchased, and the engineer is figuring the plans; and Mr. Carr was vocal at the meeting and was told maybe they would build him a fence; he was never given an offer in writing regarding the fence; and now it is 12 months later and he feels he has been put off.  She stated when she got involved she received a letter on January 8, 2010, which was copied to her; it was originally sent to Commissioner Infantini from Scott Morgan, City of West Melbourne Manager; he proposed that the County build the fence for Mr. Carr; and per the Interlocal Agreement the City of West Melbourne is willing to maintain the fence. 

 

Ms. Lutfi stated she comes before the Board today, as Mr. Carr’s representative, with his ideal goal to have the road built at the end of the neighborhood where there is already a paved road near the Public Works project; if that cannot be accomplished then he would simply request a vinyl fence, which he has been requesting for the past year; and only until she got involved did he actually get something in writing from the City of West Melbourne.  She stated his property is obviously suffering diminished value because of this road being put at the entrance to Hollywood Estates where there are over 300 people living; he thinks there will be cars coming and going; and Mr. Carr is in his 80’s and he is at the point where he had to have somebody represent him, which is why she is here today.

 

John Denninghoff, Public Works Director, stated the reason the County had not included a fence originally, was because the City of West Melbourne did not want a fence on what would become their maintenance responsibility; they have since indicated a willingness to go ahead and accept a wooden fence, not a vinyl fence; the County has room within the budget to build a fence on either side of the new road entranceway into Hollywood Estates; and the City of West Melbourne has requested a shadowbox fence at six-feet high.  He stated he will have to ensure that it complies with all the Codes and safety standards for sight distances, with the two intersections of concern in this case; and then, moving forward to build a fence, with the City indicating it will do that and accept the maintenance of it at this point.

 

Commissioner Infantini mentioned this was brought to her attention in the middle of December 2009; when she first started researching it was over the Christmas break and many people were not available; and stated she asked Mr. Denninghoff to find out what it would cost the County if the project was not moved forward with a stop work order.  She advised her concern is there are very limited dollars moving forward in the budget; there is already a sunk cost of $190,000 going into purchasing the two lots and paying off the Management Company for the on-going management fees; she received an estimate  from  an  engineer  of  $8,000 for the use of Gail Boulevard east instead of west, because the road going off of Gail Boulevard is completely paved and intersects with a driveway, which goes into a Water Treatment Plant; and that $8,000 includes overhead and profit of 40 percent, which is a nice estimate.  She stated rather than spending so much money to install a new road; it is her thought to use the existing road, tear down the wooden fence, and the $8,000 costs less than installing a brand new road going through somebody’s development.  She mentioned she did receive a response from the City of West Melbourne; she is still not convinced, that with limited dollars in her budget for her District, that it is the best way to spend the money going forward; some of those sunk costs for the properties of lots that were already purchased could be resold to retrieve some of the sunk costs; and she still believes moving forward would be the most cost efficient manner to extend Gail Boulevard rather than putting in a brand new road.

 

Ms. Lutfi responded Mr. Carr’s perspective would be the ideal way to go about it, but she does not pretend to know all of the details that will be going on with this issue; she is proposing two options; but ideally the first one would be the best, so he would not have the diminished value of the property.  She stated the road construction began in late December.  Commissioner Infantini replied the road construction was not supposed to start until January 4, 2010, but there seemed to be a new sense of urgency and some of the building construction actually started taking place over the New Year’s break.  She stated the other concern she has is the development of where the road will increase traffic to the development of the neighborhood just north of them called Timber Ridge; and nobody in that community was advised that this new road was going in until January 2010; and those homeowners are going to suffer a great deal of increased traffic, because they purchased their homes not knowing that there was a chance that a new road would be going in directly opposite of their development.

 

Commissioner Anderson stated he received a call from West Melbourne City Council; they are concerned and it seemed like they were not willing to vacate their property at the Sewer Treatment Facility; and homeowners have voiced to the City that they did not want their entrance being a Sewer Treatment Plant.  He stated he received an email yesterday from the HOA and they were willing to allow some sort of vote, but Mr. Carr was responsible for handing out the ballots; and inquired if Ms. Lutfi received that from her client.

 

Ms. Lutfi responded she has not received any emails from the HOA Board of Directors; the HOA is represented by another Attorney; and she thinks the Board of Directors, from what she was told by Mr. Carr, are taking a lot of unilateral action and not necessarily including the entire community, but she does know that somebody talked to Mr. Carr about going door-to-door and getting ballots from everybody.  Commissioner Anderson advised he only received the email from the HOA about allowing some sort of vote, but it stated that Mr. Carr was responsible for handing out the ballots.  He stated he does not disagree totally, but if West Melbourne does not want to vacate that, the only thing left to do is eminent domain.

 

Mr. Denninghoff stated the City letter from Mr. Morgan expressed objections in going through the wastewater treatment plant; one of the things that would occur to the plant is that they would lose parking spaces for the employees; they would have to re-arrange the site; and nobody has looked into that, as far as he knows of, as to how it would be achieved, but it would create a security issue for their treatment plant site, which is an issue under rules that they now have to follow.  He stated several staff members, a consultant, himself, and two members of the City of West Melbourne’s City Council met with the entire HOA over one year ago; and prior to that meeting the City had indicated that it did not want the wastewater treatment plant entrance option to be considered as such; if wanting to be pursued it would have to consist of condemning an entrance through public city  property, with a competing public interest issue that would have to be dealt with; and perhaps the County Attorney, Scott Knox, could tell the Board about that  if needed.  Mr. Denninghoff stated it came down to two options, one being a new entrance would be built, or the existing entrance could be left alone on Hollywood Boulevard and it would revert into a right-in-right-out; the new entrance along Henry Avenue could have been relocated at an alternative location, but the exact same issue would have came up, with the location it was fortunate to be able to find the two homes that were for sale; and situated at a location on Henry Avenue that was going to be from a traffic perspective the best option both now and in the future.  He mentioned it did introduce an element of concern regarding the Timber Ridge subdivision, which is to the north; almost anyplace the entrance would have been put it would have actually had the same affect, while also introducing a less safe traffic condition at any of those other locations.   He stated Commissioner Infantini is correct about the lowest cost; the new entrance option would have been to go through the wastewater treatment plant, but in this case, the property owner, being a public entity, simply did not want it and that was confirmed by the City Council unanimously; and it simply was not an option.  Mr. Denninghoff mentioned he made two presentations; it came down to two options, with the City Council agreeing with it; he made two presentations that were announced and advertised; stated he Agenda Itemed the items in advance; the HOA at both of the meetings were attended by various Council members indicating over and over again that this is what they wanted to do.  He stated it is not the cheapest option; it never was the cheapest option; and for that reason the County was not entirely happy with it by any means, but there were not a whole lot of choices; he does want to remind the Board the Interlocal Agreement was brought to the Board before purchase; stated he counted up ten separate occasions where this project or this concept was presented either publicly to the HOA that he was involved with or that was reported to him, City Council, or this Board; and there were conversations that were held with Mr. Carr prior to the HOA meeting.  He stated at that HOA meeting, the HOA for Timber Ridge was invited and their President and Vice-President were there and spoke; they expressed their concerns, but they also understood that something had to be done for Hollywood Estates; they wanted to make sure it was a safe entrance; and the future plan that the City of West Melbourne had for Henry Avenue was to extend it through to Dairy Road so it can become a through street.  He stated there were concerns that the intersections would be set up to where there would be a good safe condition there; that very thing has been done; at this point, the contractor is currently waiting before doing any further work and there is an expense associated with that; and he would like to get it resolved and be given authorization to move forward or stop by the Board officially at this point today.

 

Commissioner Infantini advised if the Board decides to move forward with the project she would like to mention that for any other roads that take place in her District she would like to have a public hearing if roads are going to be put right next to existing houses, because she thinks most times when people live in a Planned Unit Development there is a certain expectation that a home will not have a road built where their neighbors house exists; and if living in the opposite Homeowners Association she thinks there is an expectation that suddenly houses will be replaced with a road; she wants to make sure that the people are well informed so they can make informed decisions; and all of the officials should be accountable if roads are going in next to existing houses.

 

Commissioner Fisher stated he thinks the challenge with this is the City of West Melbourne does not want the road to come through its sewer plant; he can understand that and is not sure, if coming into a subdivision, would a homeowner want to enter through a sewer plant; as a Board, it was agreed to purchase the lots, with a five to zero vote; and the Board implied it was supportive of the road change and the City of West Melbourne is supporting changing its entrance.

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to authorize staff to move forward with the Henry Avenue Project at the entrance to Hollywood Estates; and approve construction of a six-foot wooden, shadowbox, fence adjacent to Mr. Carr’s property, to be agreed upon by the County and the City of West Melbourne to ensure it meets Code requirements.  Motion carried and ordered unanimously.

 

 

Ms. Lutfi stated she would like to state for the record the January 13, 2009, HOA meeting minutes clearly state there was no vote or survey done by the HOA regarding Henry Avenue. 

 

 

Chairman Bolin called for the public hearing to consider an ordinance for Economic Development Tax Exemption for HTF, Inc.

 

Howard Tipton, County Manager, stated this Item will need to be continued; it is his hope to bring it back to the January 26, 2010 meeting; there were some details that were not finalized; and he does not anticipate any problems with it.

 

There being no objections heard, the Board reached consensus to continue Item V.A, Ordinance, Re:  Economic Development Tax Exemption for HTF, Inc., to the January 26, 2010 meeting.

 

 

Chairman Bolin called for the public hearing to consider an Ordinance Amending Chapter 62, Article XIII, Division 2, Entitled Landscaping, Land Clearing and Tree Protection.

 

Raphael Hanley, The Viera Company, stated The Viera Company is in favor of these changes in the ordinance, because it makes the ordinance a bit user friendly.  He stated he would like to add clarification for Commissioner Nelson; the last time some people spoke on this item there was discussion that the Task Force has reached consensus; and he is concerned about changing what the Task Force had proposed based on the fact that there had been consensus.  He mentioned he talked to two members of the Task Force and the consensus to some seemed to be confusing; it was done based on a majority vote, so if there were 11 members there, six to five of them were in favor of a change then the change was done; and it was not a consensus in the Task Force changes.  He stated a lot of things that are in the proposed ordinance that are trying to be changed were not done based on everyone agreeing it is a great idea; and it was done based on the fact that the people there had a majority vote in favor of one way or the other.

 

Commissioner Nelson stated thanks for the clarification, although he thinks it is still majority; there was a Task Force assigned that met and approved this document with some things failing and some things passing; it was included in the document; and now, very substantial changes are being made without ever actually trying to allow it to work.  He stated he is still not going to support it, because he thinks to make the changes at this point in time, without any evidence of success or failure is premature.

 

Commissioner Anderson thanked the staff and the Task Force, because he knows he has bugged them all from his second day in office; even though it is still not perfect in his eyes and more could be gotten rid of, he will take what it is now and he wants it to go back to the Task Force; a lot of the Task Force mandates were established before he was on the Board; noted he would have asked for a lot of different things; and that is why there are elections, so things can change or be enforced.

 

There being no further objections heard, motion was made by Commissioner Anderson, seconded by Commissioner Infantini, to adopt Ordinance, amending Chapter 62, Article XIII, Division 2, Code of Ordinances of Brevard County, Florida, relating to Landscaping, Land Clearing and Tree Protection; specifically amending Section 62-4339 Canopy and Tree Preservation Performance Standards; Section 62-4345 Alternative Landscape Enhancement Plans Mitigation, and Compensation; providing for conflicting provision; providing for severability; providing for area encompasses; providing for inclusion in Code and an effective date.  Motion was carried and ordered; with Commissioner Nelson voting nay. 

Mel Scott, Assistant County Manager stated for the record the County does respectfully disagree with Mr. Hanley’s attempt to clarify the record; it was a consensus atmosphere; and he respectfully disagrees with Mr. Hanley’s characterization of the majority vote.

 

 

Chairman Bolin called for the public hearing to consider a resolution for Petition to vacate Public Utility Easement and Public Drainage Right-of-Way in Briarwood Manor Subdivision by James Swonger and Valarie Page. 

 

John Denninghoff, Public Works Director, stated the petitioner has some title issues and a hold harmless agreement that still has not been worked out satisfactorily; he believes the objections of the neighbor have been addressed, with the idea of the County being able to adequately maintain the drainage system.  He advised in order to give time for the petitioner to get the title issues and the hold harmless agreement worked out they have requested to continue the hearing to the February 9, 2010 meeting.

 

There being no further objections heard, motion was made by Commissioner Fisher, seconded  by  Commissioner  Infantini,  to  continue  the  public  hearing  to  consider  a resolution vacating Public Utility Easement and Public Drainage Right-of-Way in Briarwood Manor Subdivision, as petitioned by James Swonger and Valarie Page to the February 9, 2010 meeting.  Motion carried and ordered unanimously.

 

 

 

Chairman Bolin called for the public hearing to consider a Resolution for Petition to vacate Public Utility Easements in Laurel Circle, Barefoot Bay, Unit 2, Part 12 by Jed and Debra Marceau.    

 

John Denninghoff, Public Works Director, stated this is a regular routine petition for vacating in Barefoot Bay; and he has no objections.

 

There being no further objections heard, motion was made by Commissioner Infantini, seconded by Commissioner Anderson, to adopt Resolution vacating Public Utility Easements in Laurel Circle, Barefoot Bay, Unit 2, Part 12 as petitioned by Jed and Debra Marceau.  Motion carried and ordered unanimously. 

 

 

 

Chairman Bolin called for the public hearing to consider an ordinance for Amendment to Code of Ordinance, Enforcement of Section 14-59 Pertaining to Horses.

 

Marc Dorr stated he has a handout for the Board; and he is the direct neighbor of Wanetta Dyer.  He stated there is a war going on in the community, with retaliation of notes being put in his mailbox and probably throughout Brevard County as well.  He advised he wants everyone to understand that he does not dislike horses; he loves horses and he would not live in Canaveral Groves if he did not love horses; whoever lives there loves horses; and his family has horses and they have raised and trained horses for years throughout southern Maryland.  He stated that is not the issue with him; the big issue is, from what he understands, the County is going to rescind on an ordinance, or change an ordinance, that is going to allow horse manure to be deposited on public roads throughout Brevard County; and he assumes in front of every civic center in the County too.  He noted a County road is a County  road,  right  in  front of City Hall, or wherever; he does not object to the horses in Canaveral Groves; and he really does not object to horses depositing manure on the roads.  Mr. Dorr mentioned single horse riders do not have to dismount their horse to clean up their manure because 99.9 percent of the time, those horses walk along side the road not on the road; carriages go on the road just like a vehicle and have to abide by the same rules as any vehicle on a public road; and the carriages are the problem.  He explained he gave the Board a handout with 15 to 20 websites; there are various states throughout the nation that use manure-catching bags; and everybody would not be at war with each other if everybody would just use the bags.  He stated there are signs throughout Brevard County that say, “Keep Brevard County Clean”; and inquired if this is going to help keep Brevard County clean by allowing horses to go all over Brevard County depositing manure on the public roads.  He stated he has seen children get off the school buses, pick the horse manure up, throw it at cars, and throw it at each other; to him, that is not healthy; it is very easy to use the bags, then there would not be an issue; and everybody would be happy, because the roads are clean and the horse manure is kept off the streets.  He stated the single horse riders can ride wherever they want because they do not ride on the public roads; in Canaveral Groves a person can see them all the time riding up the road, and they go right alongside the road and the only time they are on County pavement is when they are crossing the street; and it is never an issue, but it has turned into a very big issue by the Board rescinding, or changing, this law; so if changing the law in any way, it should be made a requirement to use the bags on horse drawn carriages; to him, it is very simple; and maybe, possibly, it would stop the war.

 

Steve Vehonsky stated he wants to emphasize that his concerns are only on the horse drawn carriages.  He stated he has been approached by people at the local convenience store asking him why he is trying to instigate problems against horse owners.  He stated his main concern is that his wife is a Director of a medical facility; when she leaves in her car she runs over horse manure; stated he has sent the Board plenty of emails with pictures of what is being experienced in Canaveral Groves; and it is only from the horse drawn carriages.  He stated by the time she gets up the road she smells like horse manure; she has doctors question her if she has been around horses; of course, for a person of her position, that is pretty embarrassing; and when she comes home with the manure on her tires, and pulls in the garage, the house smells like manure, and he has to pull the car out of the garage and hose the tires down while she is showering to be rid of the smell.  He stated he is pretty sure the County has studies from the last meeting; there some things he wants to emphasize; first being referenced to the studies by Cattleman’s Associations and Rancher Associations; he has a DVD from a gentleman who is a member of United States Department of Agriculture (USDA); and he is willing to hand the DVD over to Board to review.  He stated the gentleman on the DVD has serious concerns about the environmental hazards of horse manure; unknown to most people, each horse wastes approximately seven tons of manure per year; anything within that area may have possible property contamination in the water at ground level where he cannot put a well on his property, or his lakefront might get contaminated.  He stated he is in the process now of getting some people to come test the property to see what is going on, because if so, he wants to get it cleaned up.  He stated he wants to point out a couple of things from the Board’s last meeting; he feels that the Board was intentionally misled by those answering the Board’s questions; and the Board was also told there was only one complaint against Ms. Dyer from someone in Port St. John, yet when he called Animal Control he was told there were several complaints against her.    He stated Bobby Bowen, Animal Services and Enforcement Director and Captain Brown were some of the people he spoke with; the Board was also led to believe that the majority of homeowners possess horses, when in reality, only 10 to 20 percent of the residents out there actually do; then the Board was led to believe that the manure is easy for anyone to drive around; when the horses start pooping and the buggy is zigzagging, and there are four or five trips per day going up and down his road, it ends up being covered with manure; and sometimes four buggies go up and down the road.  Mr. Vehonsky stated he has no problem with Ms. Dyer, except the horse manure; he thinks her husband is one of the best people in the world; but he is having an issue with what is going on with his wife; and he wanted to make it known to the Board what they are experiencing.  

 

Chairman Bolin inquired if the Board has any questions for Mr. Vehonsky.

 

Commissioner Nelson inquired whose house is in the picture he sent.  Mr. Vehonsky responded that is two houses down from his; he is not sure of the exact address; but they are the ones that had the 50,000 Christmas lights.  He stated he is under the impression that they think he is the only one that has picked up some of the manure and put it back in the easement portion of Ms. Dyer’s driveway; there are four or five different people out there that have been doing this; people are aggravated; and he wants it on the record that everybody fears retaliation.  He stated there are some things going on out there that the Board is not aware of; and he does not want to bring out dirty business against people, but he wants it on record about possible retaliation, so if anything happens, it is on record.

 

Wanetta Dyer stated what is happening is Mr. Vehonsky is cleaning up the manure off the streets, putting it in a bag in his car, then dumping it in her driveway, because of this Ordinance being changed; and she has pictures of that happening and is in the process of serving him with Criminal Mischief.  She stated she has neighbors down the street who have told her it is not an issue for them and they do not care about the horses being there; and that is what they moved to Canaveral Groves for and it only is an issue for Mr. Vehonsky and Mr. Dorr.  She noted she is not the only carriage horse person out there; people come to visit her on the streets and horses do what they do; and they like to say that she is the only person, but in reality she is not the only person.  She stated people on horseback do go on the roads; she is not the only person, just because she is on a carriage, that has their horses go on the road, which is a dead-end road; and she has horses coming down the street to visit her.  She stated she has been with horses all of her life; she has never once gotten a disease, anything on her hands, or in her body that she had to go to the doctor for.  She stated Mr. Vehonsky is talking about having manure infiltrate the lakes and water systems, but they are on septic tanks; there is waste already infiltrating the water from septic tanks; and this is it just childish.  She thanked the Board for changing the Ordinance, and if the Board has any other questions, she will answer them.  She noted there are 15 horses on her street; there are 50 horses on Cabbage Palm Street; and there are a total of over 200 horses in the section they live in, yet Mr. Vehonsky thinks she is the only one.

 

Commissioner Anderson inquired how many buggies are in that general area, that runs on a fairly regular basis.  Ms Dyer responded seven people in her section, which she knows of, with various horses.  Commission Anderson inquired if it was a wagon train-type carriage.  Ms. Dyer responded no, they all get together on a weekend or weekday and everyone goes to the woods from her house; and to go from her house to the woods, a person has to ride on the street; and no one can ride on the sides because of the mailboxes.  Commissioner Anderson stated he is trying to draw upon experience; he grew up in and around Amish neighborhoods when he was a child, so he is trying to figure out how many carriages; and he does not remember a lot of droppings from the Amish neighborhoods where there was hundreds going down the road every day.  Ms. Dyer stated she tries every time she goes out to run over the manure with her car because she pulls her car into the garage every day, and she does not have to clean her garage of manure; and stated Mr. Vehonsky lives further off the road than she does.

 

Commissioner Fisher stated he cannot believe how much time the Board has spent on this issue.  He stated he used to think it was no bid deal and the Ordinance should be modified, but once he started seeing pictures of people actually having droppings in front of their house, it changed his attitude a little bit.  Ms. Dyer stated when she goes to Gale’s house, he loves her horses, he does not care; and she has talked to a lot of people about the horses and it is not a big issue.  Commissioner Fisher stated he does not think it is a matter of if they like or dislike horses.  He thinks the question is if a person in the community would want to have horse droppings all down the street; and that they do not want that.  He stated it seems like the bag would be a very easy solution to the problem.  Ms. Dyer stated what happens is the bag fills up and then starts dripping out, with the horse’s tail sitting in the bag; and with a pair, it is almost impossible.  Commissioner Fisher stated that concerns him because if the horse is pooping that much that it is filling up a bag and it is dripping, then there must be too much poop going onto the roads.  Ms. Dyer advised it is not that it fills up the bag; but it is that it is the water from the moisture of the poop.  Commissioner Fisher stated whatever the reason is, it is sloppy, nasty, and there is nothing attractive about horse poop.  He noted all of that is taken into consideration; and inquired if Dyer’s Buggy Works is Ms. Dyer and her husband’s company.  Ms. Dyer responded yes.  Commissioner Fisher stated those carriages are actually sold to run up and down the road.  He stated in light of all that, he has a new position on this issue; he thinks the Board needs to leave the Ordinance like it is, or like it was before the Board started making modifications; and he does not know if anything has to be done, or if this is the final approval of the ordinance.  Commission Fisher inquired where this is in the voting process.

 

Scott Knox, County Attorney, stated the Ordinance is proposed; it is a public hearing; and if the Board does not take any action, the Ordinance stays the way it is.

 

There being no further objections heard, motion was made by Commissioner Fisher, seconded by Commissioner Infantini, to take no action on an Ordinance Amending Code of Ordinances, Enforcement of Section 14-59 pertaining to horses on public property.  Motion carried and ordered unanimously.

 

 

Chairman Bolin stated there will be a vote taking place and inquired if discussion is needed for this Item.

 

Steve Stultz, Central Services Director, inquired if Scott Knox, County Attorney, has any information he may want to share with the Board.

 

Scott Knox, County Attorney, stated by way of background, the Charter requires review of any proposals coming out of the Charter Review Commission (CRC), with Constitution held on the consistency with general and local laws; and this is the process engaged today in trying to select a panel of three Lawyers, which will perform that task.  He stated there has been a panel that has been in existence since the last CRC was implemented; he thinks the Board decided to go out to see if there is any other interest in other Lawyers participating; and these are the responses received, which are set forth in the Board’s Agenda package.  Attorney Knox stated the issue is whether or not the Board wants to select those by voting on them and ranking them accordingly, which is what happened the last time a panel was selected, or if the Board would rather choose some other mechanism to do the voting; and he believes that Mr. Stultz has ranking sheets if the Board so chooses.

 

Mr. Stultz stated he has passed out to the Board a very simple voting sheet; if the Board desires to do so; and the request is to select three.

 

Chairman Bolin inquired if it is the pleasure of the Board to vote by the sheets provided.  The Board reached consensus to use the voting sheets provided and vote by ranking accordingly.

 

Commissioner Fisher inquired if anyone on this list jumps out to Attorney Knox as somebody the Board should try to obtain services from.  Attorney Knox responded he thinks they are all qualified; but there are two choices that have more experience in the area than some of the others.  Commissioner Fisher inquired what two would that be.  Attorney Knox replied that would be Bryant, Miller, and Olive and Cobb and Cole.

 

Chairman Bolin inquired if the vendors should be ranked one, two, or three by a preference, or checkmarks.  Mr. Stultz replied a checkmark will suffice.

 

 

The Board recessed at 10:22 a.m. and reconvened at 10:30 a.m.

 

 

Mr. Stultz read aloud the results from the first round of votes being Bryant, Miller, and Olive received three votes, Cobb and Cole received two votes, Doran, Wolfe, Ansay, and Kundid received two votes, Karen Z. Consalo, LLC received two votes, Shepard, Smith, and Cassady, P.A. received one vote, Stearns, Weaver, Miller, Weissler, Alhadeff, and Sitterson, P.A. received one vote, and Stenstrom, McIntosh, Cobert, Whigham, and Partlow, P.A. received four votes; the top two were Bryant, Miller, and Olive with three votes and Stenstrom, McIntosh, Cobert, Whigham, and Partlow, P.A. with four votes; there was a tie for the third place rank; and he has given the Board another voting sheet to break the tie for the third place ranking position.

 

Mr. Stultz advised there is still a tie between Cobb and Cole and Karen Z. Consolo, LLC.

 

Chairman Bolin inquired if it should be done verbally since it is down to two candidates.

 

Motion by Commissioner Fisher, seconded by Commissioner Nelson, to acknowledge and review the list of law firms responding to the RFP for the three-attorney panel required  under  the  Charter  to  review and charter amendment proposals, and selected

 

Cobb Cole.  Motion carried and ordered; with Commissioners Infantini and Anderson voting nay.

 

Chairman Bolin mentioned it is Cobb Cole for the third place rank.

 

 

 

Walt Spoo stated he and his wife have been residents of two years in Aquarina; they felt very lucky to be a part of one of the nicest communities in Brevard County, with a robust golf course, the promise of beach facilities, the promise of owner boat storage, and the promise of owning and controlling the community center.  He mentioned shortly after moving in everything changed; control of the Board was finally taken away from the original developer; it had been learned that the bond that was to fund the construction of the beach facilities had lapsed, the community was not given the community center even though paying for all of its maintenance, and no control of the boat storage; and combined, these issues have led to uncertainty of Aquarina’s community future.  He stated property values have suffered; who would buy in a community with so many unknown issues that were thought to have been solved when purchased; and stated thanks to the Board for working to solve these issues and helping to move forward past this issue; and by passing this mediation.

 

Paul Levesque, President of the Homeowners Association (HOA), stated he represents 360 homes at Aquarina; he wants to bring the Board up to date in regards to how hard its staff has worked in getting this mediation complete; the Board will be the final approval today of binding this mediation; and all other parties have approved the mediation.  He stated with the Board’s vote to accept the terms of this mediation package between Brevard County, Carolina First Bank, Kahama Investments, and the Aquarina Community Service Association, the Board will be taking the first step in correcting a series of hardships and broken legal agreements that the residents of Aquarina have suffered over the past three years; the approval will put an end to several pending lawsuits and help to mitigate the impact of mistakes and omissions made by the County in the enforcement and oversight of the two-part agreements; it will give the Aquarina residents some of the amenities promised by the Aquarina’s former developer, Carolina First Bank, and the County; and that caused many Aquarina residents to choose southern Brevard County as their home.  He stated in December the Aquarina residents approved this mediation package and agreed to drop all legal action against the County; the approval margin was over 90 percent, because the residents want to move past these several years of uncertainty, emotional stress, and disappointment with their elected representatives.  He stated now the residents are settling for less than what was promised by the developer, what was agreed upon by the County, and the bank in the failed letter of credit; once again, the residents have put their faith in the system in hopes that all parties to this mediation will fulfill the terms of what will become a binding legal agreement.  He stated he can tell the Board that ten percent of the residents that disapproved the agreement want the HOA to continue without pending lawsuits, because they are convinced that the community will prevail in further legal action; and therefore, he is asking the Board to approve this mediation package now, so that everyone can move forward together to ensure that this important South Beach community can continue to attract new residents, maintain its beauty, and strengthen the County’s tax base through growth and property appreciation.

 

Virginia Carney stated she is the Secretary of the HOA.   She  advised  Commissioner  Infantini  had asked her if everyone was happy with this; she stated no, but it is the best deal the residents could get and it is better than nothing; and it is 75 percent towards the goal by accepting this mediation package.  Ms. Carney stated there has been over 30 hours of intense negotiations to get to this stage; and the residents would really appreciate this Boards vote.

 

Helen Voltz stated she resides in West Melbourne; about 30 days after she was elected back in 2004 the residents from Aquarina began calling her office about the issue they have been dealing with.  She stated the residents have been literally raked over the coals with the developer; it is unmerciful what the developer has done to the residents; and then the County through an error, allowed the bond to lapse, and cause the residents further distress.  She explained whatever this agreement says is not enough to satisfy what the residents went through, but if they are happy with it then she is asking the Board to support it.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve the Settlement Agreement between Brevard County, Aquarina Community Services Association, Inc., Carolina First Bank, and Kahama VII, LLC.  Motion carried and ordered unanimously. 

 

 

Commissioner Infantini stated thanks to all of the residents of Aquarina; she really appreciates them accepting this mediation; and she knows it is a far cry from what was wanted, but a least everyone can move forward.

 

 

 

Commissioner Nelson stated what is changing is, in effect, the State standard for height above the dune; and he thinks it is fine.

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to approve Legislative Intent and permission to advertise amendment to Chapter 62, Article XII, entitled Coastal Setback and Control Lines.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Anderson, seconded by Commissioner Nelson, to authorize the disbursement of educational facilities impact fees in the amount of $8,433,554.61 to the School Board of Brevard County in accordance with the terms of the Interlocal Agreement; and authorize the Budget Office to execute any budget changes required to implement this disbursement.  Motion carried and ordered unanimously.

 

 

 

Jill Amigh stated she appreciates the Board giving permission to park on their property for 60 days; it has been 30 days now; she was told the process could take at least 90 days; and she is asking permission to park on their property until a decision is made.

 

 

Motion by Commissioner Fisher, seconded by Anderson, to approve Jill Amigh’s request for an extension to park commercial vehicles on private property until the ordinance is adopted.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson stated he does not know if he is still fully sold; he is willing to have the discussion, but still has some questions; and he thinks the Public Hearing process will give the Board the ability to go through it. 

 

Commissioner Fisher stated he supports having the discussion; there are a couple things at this point in time that he does want to bring up, unless that be done when going through the hearing.  He stated one of the concerns he has mentioned to staff is if the property is sold, he thinks the Conditional Use Permit should automatically go away.

 

Commission Anderson stated he is fine with that.

 

Commissioner Fisher stated in that case, they may need to re-qualify to make sure that they are meeting the current Code; another thing that he has a concern with is freezing weather like today, can take over the plants, then all of the sudden the plants are gone, or the plants have to be cut back to get them to grow, and all of the sudden that buffer that a person had with landscaping is no longer there; and there should be something that says that if the landscaping is not there it may give an option to put up an eight-foot fence.  He thinks right now an eight-foot fence is allowed on commercial property and a six-foot fence is allowed on residential property, but a fence should be considered now, or through the Public Hearing process.

 

Commissioner Anderson noted those are good suggestions; he has no objections; and inquired if the Board could specify frost-proof or drought proof-vegetation in the ordinance.  He stated the only reason he is asking is because he has some very nice vines at his house that do not seem to be affected by the cold or drought, but they do require a trellis.

Chairman Bolin stated she agrees with Commissioner Fisher; the Board should have something a little bit more substantial than vegetation.  She stated it is up to the Board for possible revisions suggested by Commissioner Fisher; and inquired if there is a motion.

 

Motion Commissioner Anderson, seconded by Commissioner Infantini, to approve legislative intent and permission to advertise for ordinance establishing a Conditional Use   Permit   (CUP)   for   commercial   vehicles   parking   on   single-family  residential properties, with the option of an eight-foot fence if the landscaping is non existent.  Motion carried and ordered unanimously.

 

 

Stockton Whitten, Assistant County Manager, stated this funding is part of Federal funding, that was appropriated in response to recoveries from the 2008 disasters; the funding ultimately is going to be administered by the Florida Department of Community Affairs (DCA); Brevard County is eligible to apply for a grant award of $6.5 million; and today he is asking the Board to approve the grant application.   He stated the awards will

be in two-year contracts and contracts can be amended for 24 months after the initial date of the contracts; eligible counties were required to consider the needs of the city and all local municipalities; and this funding is being applied for through Brevard County, but Brevard County was required as a part of the grant requirements to consider the needs of the cities.  He advised on the terms of the grant requirement, a person must show proof of Tropical Storm Fay damage, certify that no other funding is available to address the proposed projects or the activities, and must meet CDBG national objectives with regards to income requirements.  He stated 50 percent of the funds must benefit low and moderate incomes and address an urgent need; the projects must be ready to proceed, and be shovel ready; and 14 percent of the funding must target affordable rental housing activities.  He stated those activities will not be talked about today; they will be brought back to the Board at a later date, and so a portion of the funding will actually be held for affordable housing activities.  He stated in terms of the eligible activities, they are limited to infrastructure in public facilities, commercial revitalization, and housing activities that are directly related to disaster relief, or some long-term recovery or mitigation.  He noted he is primarily speaking of stormwater projects and infrastructure projects that are present today; he will give the Board a condensed timeline associated with this grant opportunity; on July 15, 2009 there was an announcement by DCA that the funding opportunity was going to become available; on September 17, 2009 the information was provided to municipalities; on September 28, 2009 there was a technical assistance workshop held with the municipalities; officially, on November 16, 2009 the grant applications were actually opened; and staff worked through the Thanksgiving holiday of November 17, 2009 through November 30, 2009 to create the applications and project descriptions.  He explained the Advisory Board process was used for a recommendation of the CDBG funds on December 10, 2009; the application ultimately is due to the DCA on January 15, 2010; there is a description of the six projects that are recommended in the Board’s package; and the County has three projects, the City of Melbourne has two projects, and the City of Cocoa has one project in terms of the recommendations from the Advisory Board.  Mr. Whitten stated the grant called for the County to consider the needs of the municipality; there is a protest issue with regards to the City of Rockledge’s project; and there is a gentleman here to give details on the protest.

 

Commissioner Anderson stated for the record the County used the CDBG Advisory Board; he inquired what organizations are represented on that Advisory Board.  Chenita Joiner, Community Development and Planning Manager, stated the CDBG Advisory Board members represent the low income communities’ neighborhood strategy areas and also, there is a construction individual that sits on that Board.  Commissioner Anderson inquired if Ms. Joiner can name the strategy areas for him.  Ms. Joiner responded yes, they are located in Cocoa, west Cocoa, Merritt Island, Sharpes, Mims, west Canaveral Groves, and Micco.  Commissioner Anderson stated that was just for the record, but they all represent the unincorporated areas.  Ms. Joiner responded that is correct.

 

Theresa Robinson, President of WLC Neighborhood Association in west Cocoa, stated she has a copy of the concerns from the WLC Neighborhood Association, which she would like to share.  Chairman Bolin inquired if she was going to verbalize the concerns or hand them out to the Board.  Ms. Robinson responded she would like to hand them out.  She stated she knows this meeting is concerning the CDBG Tropical Storm Fay funding; she would like to give the Board some background of the stromwater drainage project in the west Cocoa community; and stated there have been problems in this area for years.  She stated in the 2004 to 2009 Neighborhood Action Plan this item was included; drainage is not just a matter of flooding, it includes erosion and ditch maintenance; and according to the Tropical Storm Fay project summaries that was in the amount of $2.271 million, that was allocated for, however, that was reduced to $1.5 million for the project in her area.  She stated the two options discussed for her area was option one, move the existing piping by replacing it with some larger culvert to accommodate the water, and two, take the piping out to leave the ditch open; and noted the second option was the most preferred option because it costs less.  She stated drainage in this community has caused flooding, erosion, and lack of maintenance in the ditch areas, which has been an on-going problem; it is felt that if the ditch is left opened the community will continue to encounter problems of a greater magnitude with alligators and snakes having an easier access to the neighborhood, with the safety of residents being at risk.  She stated presently, residents on A Lane and East Lakeview Boulevard are losing their fences due to erosion; and because of the neglect the residents are having problems with the right-of-ways being maintained.  She inquired if the initial funding was reduced and why that was done; the community does not agree with removing the existing piping and leaving open another open ditch, which will not benefit the community; and she is asking that the proposed project go back to the Board for reconsideration.

 

Doris Swinton stated she agrees with Ms. Robinson and inquired if someone could come to A Lane and see for themselves what is happening.  She stated for the loss of property with erosion and the leaning fence, that has had to be replaced several times with sand brought in to build it up; and it continues to erode.

 

Willie Hubbard stated the back of his house is on the ditch; and he thought moving forward should be done instead of going backwards by 40 years.  He stated 35 years ago the ditch was cleaned and a fence was installed, which did not work; then there was some grant money that came about to install some pipes; and inquired why go back in time to a system that did not work.

 

Mary Hamilton stated she lives right behind the ditch; her section of the ditch was covered up; if that is taken out again there will be snakes and alligators, which come up to her property; and she would like for larger piping to be put in; and stated she is begging the Board to please not open that ditch, because there are too many children out there that can climb a fence.

 

Melvin Chapman, Pastor, Parker Memorial Missionary Baptist Church, Cocoa, stated he has a lot of concerns about the proposal; first of all, for years he has been trying to get portions of the ditch continued to get the entire ditch piped, because there are people losing their property, with no way to actually clean the ditch, because the property is on one side of the ditch and on the other side of the ditch it is the only way to get the cleaning materials in to be able to do so; and that leaves one side of the ditch cleaned and the other side to cause continuous erosion for the residents close to the ditch.  He noted the reason for this ditch is to run water from other properties through the properties of the individuals present here today; actual measurements show two-thirds of homeowners have existing pipe; and having to pipe another one-third of the ditch in order to make the entire ditch piped along the area where a person resides.  He stated the County will give a different figure, but its figure includes piping that ditch all the way to the Pluckebaum ditch, which is the main ditch; and there are no homes on the portion that the numbers reveal.  He inquired if the Board has the same package that he received with a picture of ditch in it; he does not know if the Board has seen it; it was emailed to him yesterday, but this ditch in no way reflects the ditch that is in the community; this ditch is clean and appears to have something that might be concrete on the side of it that would make it stable, but if someone was to ride through the Cocoa community they would find that those ditches do not look anything like that picture; and if the Board thinks that is what is happening in the community, it is not happening right now.  He stated he is concerned about what is about to be done; he suggests the County use larger pipes to be ran down through the whole ditch; another suggestion is to put larger pipes on the sections that are not piped.  He stated nobody can tell him how much water is being ran through the ditches; if any of the Board members lived there they would be concerned when the water comes through; he has heard the Board mention being able to camouflage a recreational vehicle being parked in a driveway; and he sees something different there, with having a community talking about digging a ditch behind a persons house, but another community is concerned about hiding a recreational vehicle.  He stated all he is asking is for the Board to do what is right.

 

Don Griffin, City of Rockledge, stated he has a letter for the Board from the City Manger of Rockledge; and he is sorry that he is present today, however, because of improprieties on the procedural matters that occurred by vote by the Advisory Board, it forced him to be present today.  Mr. Griffin stated he sent a two page memo outlining all the applications that everyone filed; there are certain organizations that were filed correctly; he had no problem with the City of Melbourne being priority two; and the second one, which is priority one for Brevard County, is the $1.5 million and are requesting $2.1 million.  He noted that is the one where one of the Board members did not vote under Florida Statutes 112.31.43, with all Board members being required to vote unless there is a conflict; and he is not aware of any conflicts and no affidavits were filed.  He stated if a person would have came up with a zero balance their score would have been 78 points, taking them out of the funding for the entire project; and therefore,  making the City of Rockledge eligible to be funded in its entirety of $584,000.  He mentioned he does not know what more to say except the procedure was flawed; he thinks this was the first time this procedure was used and when it gets refined it will be an excellent procedure that can be used if well thought out; and it will be an addition for the process that Brevard County is going to be following.  He stated the main thing for him was it being a procedural thing, which means that this project should not have been funded and the City of Rockledge should have been funded.  He stated he believes the City Manager sent an email stating that he would request a lesser amount if that could help anywhere along the procedure; it also clarifies the dollar amount; and he is leaving it up to Brevard County.  He stated it was a unanimous vote by the City of Rockledge to appeal a decision of the Advisory Board to this Board with the possibility of filing a WRIT in Brevard County courts; and he is hoping that will not need to be done, but it is an option that the City Commission has.

 

Chairman Bolin stated she has some concerns with this issue; the City of Rockledge has dropped their request down to $300,000; they did not get funding because of the procedure; and she would like to ask staff if there is any consideration for the City of Rockledge.

 

Mr. Whitten stated it is contingent, because he did not vote, and the score is zero; there is no way for the County to handle that; and if there would have been a vote, what would the score have been.  He stated he is not sure that staff can give any advice with regards to that particular issue; these are Advisory; there is no requirement of the grant to send it to the CDBG Advisory Group; the issue of what projects are recommended in the application was ultimately going to come back to this Board; in terms of staff, there is no advice that can be given to the Board that would actually help the City of Rockledge to alter the scoring; the scoring was averaged, based on the members that submitted a ranking; and that was the average given.  Chairman Bolin mentioned with that statement then since it was an Advisory Group, then as a Commissioner she can bring forward the request that the Board consider the City of Rockledge’s application for $300,000 as part of the funding and rearrange the monies as a suggestion.  Mr. Whitten responded as an exception and if it is the desire of the Board to do so.  Commissioner Bolin stated because of time requirements, assisting the City of Rockledge may not meet the January 15, 2010 deadline; and inquired if that is correct.  Mr. Whitten replied yes, and that would be a big issue, because the application is due on January 15, 2010; and it would be a matter of the application meeting the requirements.

 

Commissioner Nelson stated the confusion occurred because two projects for the same dish were presented; he thinks that was inherently unfair to the committee as a whole, because now Mr. Griffin is asking to reduce the costs and that was not asked of anybody else; the committee member from that area is saying there are two potential types of projects; and the same thing was not done for everybody else and that was unfair.  He stated it was Advisory to this Board and everyone is still looking at all of the projects, which could include the City of Rockledge, with some serious discussion; it is not a technical issue because there is enough wiggling going on in a variety of areas that needs to be discussed as a philosophy issue, such as keeping houses out of water, versus keeping sewage out of houses is the issue; and that is a terrible choice to have to make, but the Board has to deal with that issue.

 

Mr. Griffin stated shovel ready was said; the construction plans were submitted; and all permits are in hand, with no other project out there having that.  He stated the City of Rockledge was deducted for not being shovel ready; and everybody else got 100 percent; and the process needs to be looked at.

 

Len Beckett, Vice Chair, Community Development Block Grant Advisory Board stated he is present today to speak on behalf of the City of Rockledge’s assertions; he has provided the Board with a copy of Mr. Griffin’s basis of appeal; if the Board will notice, behind each of Mr. Griffin’s statements he has inserted statements of his own, which he will read aloud for the record; and it might help to clarify what happened and how it happened.  He stated he would like to start with item number two, if the Board will notice in the grayed out area those are Mr. Griffin’s statements; first, Reverend Buckner abstained because of concerns conveyed to him by his community; and the Statute that the City of Rockledge claims was violated by Reverend Buckner is entitled, Voting Conflicts, which simply provides a requirement for disclosure within 15 days of a vote on a measure if any member who is voting will personally gain or lose as a result of the measure.  He noted he has provided the Board a copy of the Statute in the back of his handout; nowhere does it say that any member of any Board has to vote on any issue, ever; it says they may vote on all issues; and the City of Rockledge is incorrect in its interpretation of that Statute.  He stated he would like for the City of Rockledge to explain how Reverend Buckner is going to either gain or lose from his decision to abstain; this is not only absurd, it is downright irresponsible; and the Reverend’s action was simply being responsible to the community he was appointed to represent in a community effected by a proposed project.  He stated every member of the CDBG Board volunteers in that capacity; every member takes that responsibility quite seriously; the responsibility is to see to it that CDBG funds are properly spent to better the community; and also to make sure that the projects and services they fund meet the national criteria for eligibility.  He advised this project was given the score that each member felt it deserved; it does not matter what anyone else believes; it should have received because frankly, no one else was appointed the task of scoring; it simply is not the City of Rockledge’s place or responsibility to offer scores on any application presented to the CDBG Board; the scoring process is simply a tool to help the Board objectively determine which applications to fund; and if an individual member likes or dislikes a particular aspect of an application they are going to score higher or lower based on the quality and believability of the information provided in the application.  He noted section seven of the City of Rockledge’s application scored just as it should have; it does not matter that it scored less than ten on readiness; the City of Rockledge’s low and moderate income data is somewhat questionable; and he will quote Mr. Griffin stating, “We have estimated that 329 of 659 low and moderate income households of the entire census track are in the sewer service area.” Mr. Beckett is wondering what methodology was used to come up with that number; it is unknown because the application does not tell that information; the points given are subjective; unfortunately, there were problems with the application that would have not been reflected in the score sheet as an individual category; and as an example, there is no place on the score sheet for adjustments of having made false statements in the application.  He stated a member may decide to score lower somewhere else with this application stating there has never been any trouble with this pipe in the past; but in fact, this pipe was in need of repair at   Pluckebaum and Fisk Boulevard a couple of years ago; and repairs were made, pipes were buried, and the road was paved just to have it dug back up several times over an extended period of time of several weeks or even months.  Mr. Beckett advised when he inquired about this discrepancy he was told that the problem was a result of a couple of contractors, which he questioned; it is more likely that the pipe kept crumbling due to its now apparent condition; and also, the requirement that the damage be a result of Tropical Storm Fay was not met.  He stated the application states that FDOT, FEMA, and FDEM all denied funding, which satisfies the unmet needs requirement; and FEMA and FDEM, in particular, denied the funding because its engineers determined that the cause of the failures were not attributed to Tropical Storm Fay; but rather the failures were, in fact, because of age and disrepair of the pipe.  He stated the emails attached to the application from the City’s engineers referencing the increased head pressure does not change the fact that if the pipe was maintained in good repair it would have been able to handle the increased pressure; inquired who does one give more credence to, FEMA and FDEM engineers, or the cities; FEMA and FDEM obviously differed in opinion; and the emails are mostly for a timeline and offer no evidence whatsoever as to the condition of the pipe at the time of the break, and do not offer any data to prove that Tropical Storm Fay caused the break, nor do the photos provided show the damage.  He stated the receipts for the repairs only prove that the pipe broke at a bad time; there is no evidence that the pipe broke as a result of Tropical Storm Fay; it seems clear that the damage was already there; and he had to base the score on the known information.  He stated as far as the City Manager’s offer, if the City had made any such offer it was not presented to the CDBG Advisory Board either before or during the meeting where the funding was determined; and if it had, it probably would have not affected the scoring process.

 

Commissioner Anderson stated he has some concerns that go beyond the issue that is being heard today; and will hold those concerns if the rest of the Board wants to discuss the specific issues.  He stated he is having a hard time supporting this right now, because it appears to him that the mandate in relation to the funds was to include as much as possible the request from municipalities; however, the CDBG Advisory Board obviously represents its interest in its area, as they should; he had a hard time with one project in particular, in spite of being the least expensive project; probably the most crucial project, which is the City of Palm Bay’s request for waterline hookups for low to moderate income families whose wells were contaminated as a result of Tropical Storm Fay, because there are a lot of septic tanks in that area; it is the largest population that would help the most people; and it is the least expensive project on the list, but it was not even considered.  Commissioner Anderson stated before talking about drainage and flooding, the Board should talk about potable healthy water for people; and he thinks that is the spirit of these funds.  He expressed his concerns with a slight bit of parochialism, with the issues that the City of Rockledge has; and without that water project he will not support the funds at all.                                                                      

 

Commissioner Infantini inquired if there is a way to revise the scoring methodology; and stated it is her understanding that perhaps some of the scoring was ambiguous as a result of the presentation, or if somebody had the means and the financial resources to put together a nicer package that it could yield a better score.

 

Mr. Whitten stated the evaluation criteria for the total point maximum of 100 points based on readiness to proceed was a maximum of ten points, local government application score has 40 points and with a series of sub-categories for additional details for points; and the category, Service Area Survey is for the low to moderate income level benefiting a maximum of 20 points, 20 points for funding priority, and 10 points for the attendance of the technical details workshop.

 

Commissioner Nelson stated his personal perspective is that the Board should not be dealing with issues related to flooding that do not have available sources of revenue; when talking about sewer and water systems it is considered enterprise operations; and it is, in effect, subsidizing to make money for two cities.  He stated there are no funds available for flooding issues; he can tell that in Stafford there were lift stations that were five to six-feet under water that the City of Cocoa operates; and they did not come in to replace those lift stations.  He stated the Board needs to address what the priorities are; to him, the priorities are to keep houses out of the water; and everything else is manageable after getting to that point.  He stated he agrees the City of Palm Bay should have hooked up those folks a long time ago, but he does not know if it should be with these dollars; and it should be with other dollars within the existing revenue streams.  He advised it is not an issue of the scoring sheet; it is now to the Board and its priority of what is fair to a community; he is troubled by the fact that there was a two-project scenario for one of the projects, because that has created a lot of confusion; that the irony for many of these folks is that this is an easement in their backyards that they are paying taxes on; and he does not think that is very fair, but he does not know if they should be given less then they already have.  He stated if it is going to upsize then pipe should be put in; and the part that has been done, should be continued.  He stated ditch maintenance is a problem in that area because it was never designed to maintain those ditches; the Road and Bridge department does not stand a chance when it comes to being able to take care of them, because there are no shoulders to work off of on both sides of the street; as Reverend Chapmen said, it is almost impossible for the maintenance to be done; and he is encouraged that this could benefit that section and a redesign could be done to maintain them.  He stated he spoke with staff on Friday because he was angry over this whole circumstance; he felt like his community did get kind of set up and got caught in a bait and switch scenario, which is where Reverend Buckner was; and he understands how bad Reverend Buckner felt.  He stated he understand staff has looked at some alternatives and that is great, but it is both sides of the ditch, not just one; but the Gabion Channel is not a fair comparison; what he said to staff was there is the ability to look at the projects; his suggestion is that there are three projects in that drainage system, start with the one that has the pipe replacement first and do the best job of getting the best price; and then work upstream with the same amount of money.  He noted he thinks Ms. Joiner had looked into the fact, that that is a possibility.

 

Ms. Joiner replied yes, the grant does require the County to move dollars from one project to another.

 

Commissioner Nelson stated he is not saying to fund that first project at its full amount, but there are three projects; the County starts working from the bottom of hill to the top of the hill; when getting to the top of the hill, if there is a shortfall, other funding sources can be looked at to try to take care of that third project; and the point was made that much of what will be gone through is not going to necessarily benefit the community, it is going to benefit upstream.  He stated he is going to support the project listing as it is and if it gets to the end and there is still money available then Rockledge can be the alternate project, because there has been some very good pricing; and he is ready to move forward with the priorities that have been proposed with the ability to fund the ditch as it currently exists as the County’s number one project, and placing Rockledge as a alternate at the end based on funding availability.

 

Commissioner Fisher stated he wants to be clear on Commissioner Nelson’s position; and inquired if this is what was called Brevard Option Two, which was supposed to be funded at $1.5 million.  Commissioner Nelson replied the funding is at $1.5 million, but the design potentially costs more, because there is a question of whether or not it is going to cost a full $2.3 million; there are three projects in that drainage system the $1.5 million, $1.2 million, and the $.85 million, if those monies are going to work that drainage system; and it will work from the bottom up, but it may get to the third project and not have sufficient funds.

 

Commissioner Fisher inquired when did the estimated biddings and costs for these projects come in, because he is trying to figure them with the way the economy is; and he wonders if they are current numbers, or is it possible it will not cost as much as was allocated.  Virginia Barker, Watershed Program Director, replied there was an analysis of the latest bids that have come in on several similar box culvert and Gabion projects; the absolute rock bottom cost was not used because the grant contracts will be received this summer; and then the bid documents will be done and it will befall before these could possibly go to construction.  Commissioner Fisher inquired on the piping in reference to HOA, how much piping is being considered and are there enough funds to pipe the areas that are affected with people living right behind them.  Ms. Barker responded the A Lane ditch is a combination of open ditch and enclosed pipe system; going south toward the intersection of I-95 it becomes open ditch again; the entire ditch length is about 2,700 feet; and the portion that is currently piped is 1,350 feet, which is about a quarter-mile of pipe.  Commissioner Fisher inquired if she looked at repiping and the cost of that.  Ms. Barker stated the more expensive option of $2.27 million that was initially proposed included replacing the two 24-inch old metal corrugated pipe with four-by-eight-foot twin box culverts; capacity needs to be increased through that system to be able to pull several hundred homes north of there out of the water; and it will also benefit the residents of the A Lane area.  Ms. Barker stated the greatest benefit will be the homes north of Highway 520.

 

Commissioner Fisher stated he does not know the ranking system the Advisory Board came up with it, but in his other life business of insurance, things are put in categories; he thinks of Tropical Storm Fay as a hurricane; the first thing he would want to do is make sure that the Category One uninhabitable homes get priority; Category Two is where there is heavy structural damage, but maybe still live able; Category Three is where there are some issues; and Category Four does not need anything right away.  He stated he is hoping that Category One on this list is where the money is definitely helping because the areas where people had to move out of their homes are the areas that need to be fixed first.

 

Ernest Brown, Natural Resources Director, stated with the limited resources available there has to be a target for the most severely impacted, which are homes that actually flooded-out; in this particular location in west Cocoa, many of the homes are repetitive losses in relation to flooding from Tropical Storm Fay; the project is designed to pull those homes out of water; and it does not address flooded yards or streets, only loss of homes due to flooding.

 

Commissioner Fisher inquired if there was anyone who lost their home in his District, or in District 5 that was in the Category One, or do those areas need more severe help.  Mr. Brown replied this area needing the help is the largest area of flooding impacted to homes; there were isolated areas that had less homes impacted, but west Cocoa, Lamplighter Village, and a couple of other areas were clearly the high priority in Brevard County, because it has the largest number of homes that went under water; and this is one of those areas that did not have any other source of funding to adequately resolve that issue.  Chairman Bolin inquired if Lamplighter Village was able to be fixed.  Mr. Brown responded yes, funds were able to be secured to address the flooding problems there; and it is still continuing.  Commissioner Nelson inquired how much money was received for Lamplighter Village.  Mr. Brown replied $1.1 million.  Ms. Barker stated right now she believes the Contract from FEMA reads $1.3 million, but there is a Contract Amendment underway that will be for a total cost of $4.4 million, with the County’s match at 25 percent; and it would be a little over $1 million from the County and a little over $3 million from FEMA.  Commissioner Fisher stated it does not make any sense to go backwards; and he agrees with Commissioner Nelson, assuming that this issue solves the Category One issues.  He noted the Advisory Board gives this Board advice, but at the end of the day it is up to this Board to make the final decisions; he is interested in staff looking at the Advisory Board recommendations to go back and take in some of the concerns that will be heard from this Board and then possibly doing some reallocation; and he would be in support of piping that area that has already been piped and not going to a backwards mode with the project.

 

Commissioner Infantini stated she disagrees with the scoring because if staff worked with the Board and some type of scoring priority was set, and then if the City of Rockledge project was completely shovel ready, then it would be entitled to all ten points; and if that ten point allocation were not given, then how was it set up.  She stated the criteria was already established and if all the other established criteria was met, and the City was not allocated the full ten points that then puts them in a different standing; and she cannot support moving forward with this proposal because there are a limited number of dollars and if the criteria was set out originally the rules cannot be changed to accommodate certain groups or neighborhoods.  She stated now going forward if the Board wants to change the criteria and set it up differently that is fine, if flooding is the number one criteria; but if that was not established as the original criteria and if sewers were allowed to be considered, and then if they are entitled to all ten points, she thinks all ten points should be given if it were shovel ready.

 

Mr. Whitten stated he will make a clarification with regards to what was said earlier, because he used the term shovel ready, believing that readiness to proceed was pretty close or synonymous with that definition; staff only used criteria that existed in the grant application; and he will read aloud the two components of readiness to proceed with the components coming out of the grant application, “With regards to readiness to proceed, has the applicant designated a program, office, or staff for the administration of the Community Development Block Grant”; stated it is one question with five points possible; and he read aloud the second component, “The applicant regularly contracts with a consultant for the administration of the Community Development Block Grant”; and stated the DCA definition of readiness to proceed is somewhat different than his intuitive definition of it, with all applicants being scored on the criteria presented from the DCA.

 

Commissioner Nelson stated he is glad Mr. Brown mentioned Lamplighter Village, because monies have been scrambled in from many different locations as possible; at times when he met with Ms. Robinson and some of the other folks he pointed out that there was some flooding in north Merritt Island, but they do not qualify for the funding; there were a number of homes there that went under water that did not qualify for these dollars; and they did not qualify for the Lamplighter Village dollars, because of the nature of that project.  He stated he appreciates what Commissioner Infantini stated in relation to the scoring system; he thinks the Board always has the ability to say what its priorities are.  He stated he prefers to see the priorities of who lost access to their home as a result to the flooding just as Commissioner Fisher mentioned and what projects will create the ability to keep more of those homes out of water in the next go around; and that is where he would prefer to see the priority and scoring structures that allows the Board flexibility.  He stated there are a lot of good things being done and the question is what is the most valuable; and to him keeping water out of homes is a category one.

 

Commissioner Anderson stated he wants to reiterate that most of the things that Mr. Brown identified were in an unincorporated area, however, this application required that municipalities be looked at; Palm Bay, in fact, Palm Bay put in for a drainage project covering that census tract to be in the low to moderate income areas, to improve drainage; he has a perception that this Board was a little parochial; and he is not going to support it and have a good conscious.

 

Commissioner Infantini stated she is a firm believer of providing the most support with the least amount dollars to provide the best amount of service.  She stated she could take one homeowner that was flooded five times and to buy the home it would cost maybe $60,000, but to fix the problems so that it will never flood it could cost $200 million; and she does not want to fix absolutely everybody’s home, but if the dollars could be better spent to alleviate the situation or problems for more homeowners, then that is the way she would direct her priority.  She stated she does not have the total number of homes that are impacted in any one of the areas and that would probably reconfigure all of her scoring, but she does know there were areas in west Melbourne that were terribly flooded; she knows of somebody in the audience that had a neighborhood that was really flooded and is not receiving any money; and she is sorry for that, because that is in her District and some of her District is receiving some of the funding, but she would like to see the most money go to the most individuals that can be helped.

 

Commissioner Nelson stated he does not disagree and he thinks that what the Board is doing is fine.  He stated he attended a meeting in west Cocoa to tell folks that all the possible improvements that they could be made; 20 percent of them will still flood if that same event occurs again; and they are trying to keep 80 percent out of the water, but 20 percent under that same circumstance are going to go under, so those will be the 20 percent of the houses that the County may ultimately end up buying.  He stated if the Board wants to discuss fairness, there was just a commitment to the Belt-Way and the Pineda Interchange, for millions of dollars from other parts of the County; and fairness never seemed to be an issue at that point, because it was being done on a priority basis of where the monies were needed and those dollars going in that direction.  He noted there may have been disagreements on the values, but in terms of the priorities he supported the Pineda Interchange and Belt-Way.  He advised there is an opportunity to fix something that has been a headache and a problem for years and years; sometimes the Board has to look at things and be a bit more flexible about making decisions; he has the fortunate, but somewhat unfortunate, responsibility of representing an area of about 60,000 people that are not a city, but they get thrown into that category called unincorporated; somehow they are discounted as not being of the same value as some of the cities; and that is just not fair.  He explained he is asking the Board when going through this process, to consider the fact that everyone in the County, and the nature of the projects, and the amount of money, sometimes does not always match up, but the greatest benefit is the listing that is there, because it does benefit the Melbourne project; there needs to be a start somewhere; the projects are reasonable to do; and he is asking for the Boards support in that.

 

Chairman Bolin stated before being a Commissioner she was with Emergency Management; she was one of those people who were out in the streets up to her knees in water in the homes of people that lost their homes; and it was a very sorrowful situation, but it was an act of God and nature.  She stated her priorities as a Commissioner are for the total geographic area of Brevard County; wherever possible, the flooding needs to be stopped; help needs to provide to these people; and it needs to be a number one priority during her time on the Commission.  She stated the money is before the Board to solve a problem; she is strongly supporting the money to be used for the pipe replacement; and she is trying to determine if the project should be an open or a closed pipe.  Chairman Bolin mentioned there are other types of decisions that all Commissioners have to make, such as the one she and Commissioner Anderson are cooperating in an area that has flooding in the Lake Washington area; it is one of those situations in which the affected neighborhood is not at the point of where the work has to be done; and they are cooperating efforts and monies to be able to solve the situation for a geographic area benefiting them both.  She stated she likes the idea of being able to determine as a Board if open or closed pipe, and then roll the money down; and stated she would also like to have the City of Rockledge included if the money trickles down that there would still be some monies for them, because she feels there was a disservice to the City of Rockledge with the decision of their project.  She stated she is in support of using the money for the piping.

 

Commissioner Fisher stated he wants to make sure it is understood, that the County is not qualified for the money; and there are certain criteria to meet, to be qualified for it.  He stated he is in support of the closed pipe, as it is important to not go backwards, and it does meet the Category One issues; and it will solve a lot of flooding issues for the neighborhood.  He inquired how it will work.  Mr. Whitten responded the County has three projects that were given a priority; order of priority will be followed by what the Board will vote it to be; the higher cost project will be the priority; for example, if the $1.5 million project is $2 million then the lower priority project dollars are moved to the higher priority project; and he thinks that is the way that it is envisioned to handle the projects.

 

Commissioner Fisher noted in doing so it will touch on Commissioner Infantini’s concern of helping the most people in a Category One, with the most money.

 

Mr. Whitten replied it will also be consistent with Mr. Brown’s comment that the projects benefit the most number of people affected by this particular storm event.

 

Commissioner Fisher stated it will benefit the most number of people; the problem will be solved; and it is not moving in a backwards motion, to create a ditch that cannot be maintained.  He noted Mr. Denninghoff cannot maintain the ditch.  Mr. Denninghoff stated that is correct, it cannot be maintained.

 

Commissioner Infantini stated she feels better, because that was her goal to help the most of people with the least amount of money.

 

Chairman Bolin stated she wants to review the numbers, because it was discussed trying to include the City of Rockledge at the end; if the closed ditch is going to be done there will need to be an extra $500,000, which would be taken from the lowest priority moved up; to be able to find the money those three projects would absorb the $500,000 and anything above and beyond that, for the $300,000 for the City of Rockledge; and it does not look like a viable possibility to be able to get that much money, to be able to do a City of Rockledge project, but it could be an alternative in case some financial miracle happens.

 

Commissioner Fisher inquired if the City of Rockledge project is a category one or four.  Mr. Griffin replied it is in reference to sewer.  Commissioner Fisher inquired if sewer was in the homes.  Chairman Bolin replied it is a health hazard.  Commissioner Fisher stated sewer in a home is a category one.  Mr. Griffin stated there was sewer in the streets.  Commissioner Fisher stated that it not a category one, but it is important to help the City of Rockledge.

 

Commissioner Nelson stated he knows there are city projects that could have been on this, but the Board is really talking about balancing just those County projects.  He stated he would like to make a motion to approve the CDBG funding recommendations as presented with the three County projects to be utilized in a one, two, three basis to do project one enclosing the system as it currently exits; and the City of Rockledge to be added as a seventh alternative for any available funds.

 

Mr. Whitten mentioned he needs to interject at this point and tell the Board how he would anticipate the County to administer the grant dollars; in terms of the City of Rockledge project, as an alternate, with an example of the City of Melbourne’s number one project is $1.043 million and that comes in at $800,000; and in terms of the alternative project that is at the bottom of these six there are possibly dollars that could flow from savings from all of the projects.

 

Commissioner Nelson stated he could include that in the motion.

 

Motion by Commissioner Nelson, seconded by Commissioner Fisher, to approve the Community Development Block Grant (CDBG) Tropical Storm Fay Disaster Recovery Funding recommendations as submitted by the CDBG Advisory Board, with the three County projects to be utilized; approve the City of Rockledge to be added as a seventh alternative for any available funding leftover from the original six projects; and authorize the Chairman to execute future agreements and modifications after review and approval of the County Attorney and Risk Management.  Motion carried and ordered; Commissioner Anderson voted nay. 

 

 

Commissioner Nelson inquired if getting to the end of the projects and there are still dollars available and the City of Rockledge has been funded it has two years to be able to be modified, so the City of Palm Bay project could be next in line.  Ms. Joiner replied it is two years, with an option to extend an additional two years; and stated the grant allows the County to include additional unmet needs if dollars are remaining.  Mr. Nelson inquired if that would need to be added to the motion.

 

Mr. Whitten stated if there are dollars remaining it will come back to the Board for direction.

 

 

Commissioner Nelson mentioned he thinks there is a conflict of interest because the County Attorney represents both Brevard County and Merritt Island Redevelopment Agency (MIRA).

 

Scott Knox, County Attorney, stated he does not have a problem with that.

 

Commissioner Fisher inquired if that is the only reason of conflict.

 

Attorney Knox stated he is representing the County on the “Blue Crab Cove” negotiation and also represents MIRA; yesterday MIRA approved the contribution of a million-plus dollars towards this project; he will be involved in MIRA’s side of things as to when doing the Contract preparation, so a waiver of conflict is needed by both entities; and MIRA waived its conflict, so this is the County part of it.

 

Motion by Commissioner Nelson, seconded by Commissioner Anderson, to adopt Joint Resolution waiving and consenting to conflict of interest between Brevard County, Florida and the Merritt Island Redevelopment Agency (MIRA) for representation relating to the property know as the “Blue Crab Cove”.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve the cost of advertising and the scheduling of a private session of January 21, 2010 at 8:30 a.m., or as soon thereafter as possible, pursuant to Section 286.011(8), Florida Statute, for the case of Brevard County v. Aaron M. Bross, et al, Case No. 05-2008-CA-072527-XXXX-XX, for the purpose of discussing settlement negotiations or strategy related to litigation expenditures.  Motion carried and ordered unanimously.

 

 

 

Howard Tipton, County Manager, stated he wants to give the Board a quick overview of where the County is as an organization and community, as it gets ready to meet next week for the Strategic Planning workshop; and he has a PowerPoint presentation prepared to show the Board today.  He stated he is trying to forecast financial conditions for tomorrow; forecasting recently has been a hit and miss kind of game; it has been a tremendous time and no one has really seen any kind of market situation like this before; and he thinks long-term is easier to predict, but the short-term is going to be challenging.  He stated for the general audience benefit, the County’s budget is made up of several different funding sources such as taxes, which include property, sales, and gas taxes as examples; it also has user fees and grants as one-time sources of revenue; and then the balances are brought forward, which is money remaining at the end of the year.  He stated as the County built its budget this past year it was faced with numbers that were Stunning; permitting fees were down 20 percent; balance brought forward down was almost 20 percent; property tax revenue was down over 12 percent; sales tax was down over 11 percent; and for a State and a region that has only known growth, it has required some very tough decisions to be made.  He explained in addition to property taxes, the General Fund includes the portion of the sales tax, which is State shared revenues, the Florida Power and Light franchise fees, and communications services combined are approximately $50 million.  He stated in 2006-2007 the General Fund was $256 million, this current fiscal year 2009-2010 is $217 million; it is almost a $40 million reduction, or 15.4 percent, over that period of time.  He stated in looking over the key decisions that were made to balance this current fiscal year, it was decided that employees pay would stay constant; it was decided that dollars would be shifted in the benefits cost to the employees themselves, which total a $9.7 million savings; and 192 positions have been eliminated.  He stated Capital projects have been deferred, which is a good thing to do for short periods of time; however, as the long-term picture is looked at deferring Capital projects, it can be quite the challenge, with roofs and air conditioner systems needing to be replaced, and traffic operations on an island that has to be evacuated when the winds get above a certain level, which is very problematic for a coastal County.  He stated $13.3 million dollars was brought forward for operations; $6 million was used as one-time funding to balance the budget, which included monies from the Risk Management Insurance Fund that included the sale of certain assets; and it included taking money from reserves.  He advised he brought this up because this is not a long-term solution to balancing budgets; this is a very short-term deal; and it has to be understood that these one-time revenues should not be used to help balance where the budget needs to be.  He stated the current external conditions in Brevard County, such as the Space Program with its job losses, and the questions are how many will lose their job, will the Shuttle Program be extended for additional flights, or is the Constellation Program going to approved, and if so when.  Mr. Tipton advised there are lots of questions in the community and Brevard County’s community is so closely tied with the Space Program the impacts are going to be there.  He stated currently for the fourth-quarter of 2009 the unemployment rate is 11.1 percent; the Housing starts was 1,259; and the percentage of units of mortgage foreclosures in Brevard County is slightly better than the overall State of Florida, but that both the State of Florida and Brevard County are twice the National experience.  He explained the Reality Track does a National/County ranking of foreclosure activity and Osceola County ranked number one in the Country, following three from California, ranked number five is Lee County, and coming in at number 71 is Brevard County; and it is certainly not an honor to be in the top 100, but it is a blessing to not be in the top five.  He stated regionally a recent article talked about non-agricultural employment in the six-county region losing 60,000 jobs, the Orlando Sentinel top 100 employers’ survey job loss of 17,600, and Florida’s lost population for the first time since World War II, which is remarkable to think that for 63 years Florida knew only growth; prior to World War II, Florida was the smallest State by population; and the three things that helped to make a difference were bringing two million men and women to Florida, as a result of World War II, with improvements in mosquito control and air conditioning.  He stated the upcoming budget for the State this fiscal year 2010-2011 is a projected deficit between $900 million and $2.6 billion; Medicaid costs are increasing to possibly $3 billion, which seems to be one of the key drivers for this deficit; Federal Stimulus funds are ending, as the Stimulus funds are ending the Legislature is going to be faced with trying to figure out how to plug holes in the area of education; and for the first time in several years, the overall General Revenues for the State is actually projected to tick-up about 6.6 percent, which equates to $338 million; and upwards of a $3 billion dollar deficit, $338 million does not go far, but it is good news for a trend that has been going the other direction.  He advised there are increased grant opportunities through the Federal Government, as well as through the State; however, he will caution that in looking at the County’s budget going forward it is not sustainable; and it is known that Stimulus dollars cannot continuously be counted on to come through, because it is a short-term opportunity but long-term has to be something that can be relied and counted on.  He noticed after one year of population migration going north, a growth rate has returned at a much smaller rate of less than one percent for the State; again, if it is thought about what Florida had enjoyed recently from the 1970’s to the mid 1990’s there was a three percent growth rate; and this will be a much slower return to growth.  He stated looking at the next fiscal year and beyond with information from Dr. Snaith’s at the University of Central Florida (UCF) Institute of Economic Competitiveness and Florida Realtors, the State level in housing and the sale of existing homes are showing strength, with the sales are actually moving in a positive direction; in Brevard County the average monthly home sales in 2008 were 425 and in 2009 through November they are 497; at the State level, home prices have yet to bottom out; and therefore, some degree of instability in the housing sector can be anticipated.  He noted the County median sales prices have declined 31.1 percent from November 2007 to November 2008 and 17.1 percent from November 2008 to November 2009.  He mentioned the annualized housing construction starts have fallen to 25,000 around the State; it is projected to climb over the next few years; and in 2013 it will recover to the 2001 level, with a housing rise to start at 175,000.  He advised the County 2009 housing starts are projected to be 1,174, as a point of comparison in 2005 there were 8,487; and it is projected that the housing start by 2013 will grow to 5,901.

 

He stated statewide, unemployment rates will continue to climb slowly into 2010, with an average to peak at 11.2 percent; it will stay above 10 percent through the first quarter of 2012; and by the end of 2013 it is still averaging 8.4 percent.  He stated in Brevard County the unemployment rate will continue to rise to 12.4 percent in the first quarter of 2010, with the full year average of 12 percent; and that rate will decline slowly for the next few years to an average of nine percent by 2013.  He stated in terms of population in the State of Florida, it is expected to decline in 2009 and staying flat through 2010; when migration picks up, population starts to grow, and employment projected to be 1.5 percent by 2013.  He stated in Brevard County the population is expected to grow slightly by the fourth quarter of 2010; and between 2010 and 2013 it is projected that population is to grow just under three percent, or approximately 15,000 residents.  He stated it is hard to give a financial update like this, but there is good news and he wants everybody to remember there are great things that are going on in Brevard County and that the long-term future is bright; he does believe that manned space flight will continue from the Kennedy Space Center; the Port in Cape Canaveral is one of the best Ports in the world; there is a wonderfully educated workforce that he believes will transition well into the new technologies for the future of the next generation; the natural resources are second to none; and County Government has a dedicated team of employees who are willing to do whatever it takes.  He stated in Brevard County’s short-term future there are significant financial challenges; Brevard County is not alone; every county and city in the State of Florida is having this same discussion, as is the State of Florida, but in getting ready to move forward with discussions, it is important that this table be set to a new reality vs. old normal, which has gone away and will not return anytime soon in a fiscal environment where there is less for the County to deal with because it will not return in six months, or a year; and when thinking of budget planning and levels of service to be provided, the new reality has to be kept.  He stated he wants to talk about sustainability; the County expenditures must meet the revenues that are coming in; it will be a mistake to borrow from reserves in order to meet the County’s expenditures; the County’s priority capital project needs have to be addressed; it cannot continue to just defer the things that absolutely need to be repaired; the County needs to look at collaboration and partnerships; in part of the strategy discussions that will take place this spring, there are a number of cities and different agencies and non-profits within the community that are looking for different opportunities for the County to come together and find solutions;  he urges the Board to think about a strategy to continue to invest in the employees as well, because there are a number of folks getting ready to retire; and the next generation is wanting to move up, but have to make sure they are ready and able to do so.  He stated strategy is key; it is not a broad-brush approach to reductions; there are things that are more valued by this Board than others; and it has to make sure that it has discussions about strategy of how to get from here to there.  He stated the future is bright for Brevard, but there are some short-term challenges before the County in the next couple of months to build the bridge that will take the County from where it is today to that bright future.

 

Chairman Bolin inquired for the upcoming year what the predictions for the County are.  Mr. Tipton responded in talking with the Property Appraiser’s Office, right now the County is looking at a range of values in property tax somewhere between ten and 15 percent further reductions; the property values as they are actually this month in January are what are used to determine the values for the taxes this next October 2010; the County has roughly $120 million in the County’s General Fund; if the ten percent number was taken there would be an additional reduction of $12 million from the General Fund; there is also the $50 million of other revenues from sales tax and other sources; and if those go down then obviously that number goes down further.  He stated it is very early in the process; there is a lot more information that is needed from the Property Appraiser and the Clerk of Courts Office; and he would love to be wrong, but it is not going to change any time soon, because it is certainly not what it used to be and what the County is built for, because all of Florida is built for growth.  Mr. Tipton stated the paradigm for the next two to four years has to be changed; and get down to what he thinks is a sustainable level.

 

Commissioner Infantini stated she is absolutely thrilled to hear that somebody else agrees with her that the County cannot be spending its reserves; she stated thanks for the presentation; some Commissioners did choose to spend down so much of the reserves for the 2009-2010 budget; inquired if it is too late to change some of the spending patterns continuing on through 2009-2010; and inquired if the County will be in a negative cash position in October 2010.  Mr. Tipton responded it is a good question and he thinks the answer to the question is yes, the County will absolutely have to look at its spending through this year; there are some expenses that were not anticipated; and he will have to see where the County actually ended its past year at, but he does anticipate what was budgeted will not be spent; and also, he does agree that going into the spring discussions will be held; the actions do not necessarily need to wait until October for implementation; and he will be looking to implement them sooner rather than later.

 

Commissioner Infantini inquired if she could have Steve Burdett, Finance Director, help her answer the second part of her question, as far as being in a negative cash position around October 2010.

 

Steve Burdett, Finance Director stated the General Fund’s lowest point at the end of the past year was actually negative $8 million; he takes responsibility that it was not brought forth; but where it is going to be at the end of this fiscal year is that the Board will probably need to borrow $15 to $20 million to sustain General Fund cash requirements until taxes come in late November.

Commissioner Infantini inquired if the Board normally borrows money to get it through until the next year.  Mr. Burdett replied no, as Mr. Tipton explained, the Board is spending more than what it is bringing in; as it keeps spending more than what is brought in the cash continues to fall; and it is just like personal lives at home if the savings is spent the savings account dwindles.  He stated it is dwindling to the point where cash is not sufficient; the way the Board’s funds flow, every piece of money does not come in at the same time; there are monthly revenues and property tax revenues of each year; and from October to December there are no property tax, so it is a combination of managing the accounting records, as well as the cash flow and cash requirements.  He stated the year that just ended, the General Fund actually went in the hole $8 million; and the General Fund deficit will need to borrow $15 to $20 million to keep the General Fund operating.

 

Commissioner Fisher inquired if the County has always operated by spending more than what was brought in from a standpoint of rolling cash forward.  Mr. Burdett responded no, not always, as the Board’s cash has actually gotten up to $35 to $40 million in the General Fund; and there were some years where they may have had a surplus of $2 to $3 million and another year had $8 to $9 million.  Commissioner Fisher stated he remembers when going through the budget process that maybe one or years there was no balance forward used.  Mr. Burdett replied it is always used to sustain cash requirements that are different from spending more than what is brought in on an annual basis, which is what Mr. Tipton referred to; and cash forward will always be used to sustain cash requirements.  Commissioner Fisher stated he had this concern going through the whole budgeting process and hard decisions will have to be made as a Board; and there are three areas that he sees that take up a lot of cash, such as the Sheriff, Parks and Recreation, and Libraries.  Mr. Burdett replied the highest expenditures to him are Public Safety and Parks and Recreation.  Commissioner Fisher stated obviously those are going to have to be part of the conversation going forward; he knows there was not any support to cut Fire or Public Safety; and a couple of parks were added, such as Rodes Park, but in reality that is taking reserves to operate that park in the future.  Mr. Burdett replied Commissioner Fisher is correct on the parks, in fact, as Mr. Tipton alluded to, the property values are continuing to fall; the Districts that got voter-approved millages on Merritt Island, in north Brevard, the values are going to get down  to a point where enough money may not be generated to meet debt requirements; and that is why close attention is going to have to be paid, with what happens to property values, therefore, the Board may need to delve into other funds to continue meeting its debt requirements in those areas.  Commissioner Fisher advised he is saying this for the education of the citizens, because he thinks at some point in time the citizens are going to have to recognize that if the local library, park, safety, and firefighters is wanted, the choices are going to be either the County needs to generate more revenue to do it, or the services will have to be cut back; he does not know any other way to get there, but there are 17 libraries in Brevard County; and inquired if do they need to still be operated, should all the parks be kept open and operated, and should public safety funding be kept at the level it has been funded.  He stated if the funding level continues facilities will have to be shut down and lay more people off, and it is important to know that the 192 jobs last year and health benefits did cut out $40 million, but obviously that was not enough.  Mr. Burdett replied it was not sufficient.

 

Commissioner Infantini inquired if Mr. Burdett can help her address the situation that is going to be Mitchell Ellington Community Center, which was recently approved by the other Commissioners; and if there is enough money to cover its debt service in that District.  Mr. Burdett inquired if that was Merritt Island.  Commissioner Infantini replied yes; when that came forward she was concerned that at this point there is only going to be enough to cover the debt service in that District; and inquired if reserves will be used to run that.  Mr. Burdett responded most parks, when built, come with operating costs to maintain them; when the millages were approved for south and north Brevard the intent was, as the values grew, part of the millage would be used to help sustain the operating requirements of all these parks that are being built; north Brevard already has a recreation Municipal Services Taxing Unit (MSTU), so they have other resources to revert to; and Merritt Island, to his understanding, does not go outside of the General Fund and the Parks and Recreation fees that may be assessed for using those parks.  He mentioned south Brevard is fine because its coverage, in terms of value, is 130 percent  of  the  debt  requirements;  now  whether it will hit them on the operating side is what Mr. Tipton handles with Parks and Recreation, but Merritt Island at some point may need to come before the Board if the value of .8 mills is not sufficient to meet the annual debt requirement and cash funds continue to dwindle; and in addition to that, he as received calls in Titusville not addressing Merritt Island, but addressing south Brevard, but questions were asked about continuing to hold Bonds and what is happening to the values of the properties; he cannot get personal on the issue and he refers to what he can disclose, but questions are coming up; and if he was questioned on Merritt Island it would be an interesting topic to discuss, because values are falling.

 

Commissioner Nelson stated Merritt Island also gets General Fund dollars for operating purposes.  Mr. Burdett replied that is correct.  Commissioner Nelson advised it is not fair to say that it is solely a responsibility of the MSTU, which is the same for north Brevard and to some extent south Brevard with them getting General Fund dollars in addition to those dollars.  Mr. Burdett mentioned he thinks most past Commissioners have tried to maintain equilibrium, as far as the General Funds support of their recreation Districts.  Commissioner Nelson replied there is no question about that, but he thinks it is unfair to talk about it in a context of just the MSTU, because there are two funding sources available, the MSTU plus the General Fund that each Districts communities get.  Mr. Burdett stated the reason he brought up the phone calls that he received because it is really the Board, as the governing authorities, responsibility to tell him what he should be telling the investors when they call; logically, he can tell them Brevard County has never defaulted on any of its Bonds for the 28 years of time he has been employed, but he cannot say what this Board is going to do, in terms of funding the recreation Districts and the debt service; and at some point the Board may need to revert to other funds other than those with the millages.  Commissioner Nelson stated in terms of the Ellington project, the capital dollars that have been rebated or refunded, if possible, are not sufficient to address the problem that Mr. Burdett has described, because it has got down to such a low number of available dollars from the original two referendums.  He mentioned the Rodes Park project was not contemplated in the original referendum based on what is currently being done; it was never to go out and buy 120 some acres to rebuild or replace a park, nor ever during the course of that was it to keep the existing Rodes Park open; he thinks the Board had made some very reasonable changes that were permissible under the Bonds and the law; and that is not the issue, as the issue is as Mr. Burdett has raised, one of fiscal position.  He stated he would like to comment on the General Fund because he thinks the indication is that the Board is spending more than it is taking in; there is still a balanced budget and what the Board is doing is winding down some of these things, because the ultimate solution is things will be closed; why hold on to reserves for something that was closed; that is what is being looked at; and the real question is why was it closed just to have reserves for a facility that was closed.  Commissioner Nelson stated there will always be a point where the discussion will be about what will be continued to be provided in the way of service; the reserves need to be looked at on a case-by-case basis.  He mentioned reserves were used to fund the Sheriff’s salary increases; and Commissioner Infantini did vote for that, but he did not.

 

Mr. Tipton stated he was hired to share with the Board what it needs to hear and not necessarily what it wants to hear; he did not mean for the discussion to get too far down into the weeds today, because there will be a lot of days and hours to spend on this subject; and he is not being critical of any previous Board actions, with cities and counties around this state that are all wrestling with this same challenge and Brevard is no different it is just better, because all of things that are out there for its future to move forward.  He stated he appreciates the chance to set the table for the Strategic Planning workshop that will be held next Thursday; and it will be seen where it goes from there with communication.

 

Commissioner Infantini stated with regard to her agreeing to use the reserves for the Sheriff; she will use the analogy of new tires for her daughters car; she would use her savings account to replace the tires on her daughters car for her safety; and she would not use her savings account because she was exceeding her money coming in to buy new rims or a sound system.  She stated when public safety is an issue it is a little bit different than borrowing from reserves.

 

Commissioner Nelson stated when it comes to any of the County’s services those facilities will be looked at; it comes down to what is the most valuable for the community; and that is the kind of decisions the Board will be faced with.  He stated it is a fair discussion based one the infrastructure that is in place; what is the most bang for the buck for what is able to be afforded; and it is wrong to focus on any particular park or library, because a more holistic look will have to be looked at it to get where the County needs to be.

 

Chairman Bolin stated she agrees with Commissioner Nelson.

 

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to approve the priorities for the 2010 legislative session; and adopted Resolution encouraging the State of Florida to assist in creating employment opportunities by funding infrastructure improvements at Exploration Park on the Kennedy Space Center.  Motion carried and ordered unanimously.  (See page                                     for Resolution No. 10-005.)

 

 

Bob Lay, Emergency Management Director, stated permission is being asked to solicit bids for space on the south water treatment site antenna; it is about 195-feet; and there is the ability to have two vendors co-locate on that tower.  He mentioned Emergency Management’s priorities for the last several years has been re-banding the public safety radio systems; it has not been the management of towers in terms of leases; and it is now trying to get into that business and inherited a lot of this about three years ago.  Mr. Lay stated part of what can be seen with this is that throughout the County there are various leases on tower sites that did not seem to make sense, such as a lease on one site that might generate $10,000; and on a different site it had equal carriers, but what was being paid in terms of payments were certainly different, because it depended on who had owned the sites originally and what benefits had been given to those agencies.  He stated through Purchasing Services, the bid process could be started as early as next week.

 

Sheryl Denan, Verizon Wireless, stated it is a pleasure to finally be before the Board with the solicitation to bid after so many years of trying to co-locate on this tower; there is one issue of concern that Verizon Wireless would like the Board to consider, which is the high dollar amount of construction that it is customary to enter into a long-term lease.  She stated the initial lease in the Board’s package is for five years, with an option to renew two times after that; Verizon Wireless’ concern is really not the cost, but it is Verizon’s network integrity; once coverage is supplied in the South Beaches area after five years, Verizon does not want to have to take service away; and Verizon is hoping that the Board would consider a five year lease initial period, with an automatic two, five-year extensions at the minimum and would prefer to have an overall 20-year lease.

 

Mr. Lay stated there is no objection to the automatic extension, however, it was attempted to be written that if there would be no objection it would continue into that lease period; and it has been ran across the County Attorney, which seems to be the best method of doing it.  He mentioned 15 years versus 20 years was looked at because it puts it more in line with some of the other leases; if the lease was for construction of the tower and then it was going to be abatement, such as the carrier that is on the tower site right now.  He stated for space rental 15 years was looked at to be the optimum, which sort of fits with some of the County’s other leases; and that is why the five-year lease was looked at with a renewal for two five-year additional periods.

 

Commissioner Fisher inquired if the Board is modifying the terms.

 

Chairman Bolin replied as it stands now it is for five years, with the renewal for two five-year terms.

 

Mr. Lay noted for a total of 15 years.

 

Commissioner Fisher inquired what is Ms. Denan’s suggestion.  Chairman Bolin responded twenty years.  Ms. Denan replied it is not automatic, and Verizon is looking at five year leases.

 

Commissioner Fisher inquired if there is a reason for five years, and if Verizon is still competitive.  Mr. Lay responded he was trying to establish a lease package that would be common throughout the County, so it would not be different for every carrier at every location; and that is the package that Emergency Management came up with, working with the County Attorney, as the most reasonable period; and that was five years, a renewal, and two five-year renewals for a total of 15 years.  He stated he does not know if the County Attorney has any comments to add or not; and this seems to be reasonable.

 

Scott Knox, County Attorney, stated he does not have any comments to add.

 

Chairman Bolin replied her understanding is that right now it is an option and a suggestion by Ms. Denan, to make it automatic; and in that sense, it is a guaranteed 15 year.   Mr. Lay mentioned that would be one 15 year lease; there are several legal classes that have been taken, to better understand the values of cellular leases, tower leases, and the land associated with the leases; this does not seem to be out of the ordinary; and it seemed to fit the County’s need.

 

Commissioner Infantini stated she would like to leave it with the opportunity to renew, because if for some reason Verizon’s coverage is not meeting the customer needs, a new carrier could be brought in to provide better coverage.  She stated if Verizon is doing a fine job, with the customers being happy, then the County can renew; if Verizon is not doing a fine job, then that is the opportunity to have a chance to convert carriers or bidders; and she would like to leave the contract as it is.

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to authorize the Purchasing Services Office to advertise an Invitation to Bid and award a lease of premium surplus County tower and ground space for the antenna tower on the County’s South Beaches antenna tower on the first and second highest responsive bids; authorized the Chairman to sign and execute formal contract(s); authorized Bob Lay, Emergency Management Director, to sign and execute any updates, contract renewals, or other documents required during the life of the initial contract and any subsequent renewal periods; and authorized renewal periods with two renewal options of five years each for a total possible Lease term of 15 years without renegotiation.  The Board further directed that revenues from the awarded contracts be used to supplement funding for the County’s Public Safety Radio system.  Motion carried and ordered unanimously.

 

 

Chairman Bolin stated she has received correspondence from Melbourne-Tillman Water Control District; there is a vacancy on its Board of Directors, which required to be filled by the Board of County Commissioners; she has provided the Board with the letter she received stating Melbourne-Tillman Water Control District would like to have the vacancy filled; she provided the Board of Directors requirements and when they meet; and what she is proposing is at the next meeting that all Commissioners bring forward some suggestions of who could fill that Board of Directors slot.

Commissioner Anderson stated he was under the impression it was the District Commissioner who appointed; in this case, it is showing a vacancy under Commissioner Infantini’s District; and in the past, it would have been out of the Districts affected by Melbourne-Tillman Water Control District.

 

Chairman Bolin inquired if District 3 should be appointing that versus the entire Board; and if Scott Knox, County Attorney, will give any clarification with a memo.  Attorney Knox responded yes.  Chairman Bolin stated clarification will come from Attorney Knox and he will send the Board a memo; and it still stands that the Melbourne-Tillman Water Control District would like to have the position filled.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to approve moving the Melbourne-Tillman Water Control District meeting from August 26, 2010 to August 17, 2010; this change will make the August 26, 2010 meeting a regular meeting starting at 9:00 a.m.; and the August 17, 2010 meeting in West Melbourne start at 5:30 p.m.  Motion carried and ordered unanimously.

 

 

Upon motion and vote, the meeting adjourned at 12:55 p.m.

 

 

 

 

 

ATTEST:                                                                                                                                

                                                                        MARY BOLIN, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _                                  BREVARD COUNTY, FLORIDA

SCOTT ELLIS, CLERK