MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

December 6, 2005

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 6, 2005 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Commissioner Susan Carlson, District 4.

 

 

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the April 19, 2005 and May 23, 2005 Special Meeting Minutes.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize submittal of a grant application to Florida Fish and Wildlife Conservation Commission under the Florida State Wildlife Grants Program for $67,485 contingent upon 25% in-kind match by the Natural Resources Management staff.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval of Country Oaks Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Heritage Isles Subdivision, Phase 5, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve waiver to the requirement of providing parking for the leasing office and amenity area for The Highlands, Phase 2.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution releasing Contract dated July 12, 2005 with The Viera Company for Colfax Landing, Phase II.  Motion carried and ordered unanimously.  (See page                       for Resolution No. 05-317.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Marvin J. and Jackie Marshall for construction of a road known as Property Lane (fka Pine Street) pursuant to the Unpaved Road Code of Ordinances, Section 62-102; and approve waiver to reduce the required right-of-way width to 33 feet.  Motion carried and ordered unanimously.  (See page                            for Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Country Oaks Phase II, LLC for property located on the south side of Fenner Road, west of North Burnett Road.  Motion carried and ordered unanimously.  (See page                      for Binding Development Plan Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Interlocal Agreements with the City of West Melbourne and the Town of Malabar for administration and management of stormwater utilities.  Motion carried and ordered unanimously.  (See pages

                          for Interlocal Agreements.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Fawn Lake Homeowners Association, Inc. for provision of County management of reconstruction of roads, replacement of existing cross drains, and minor roadside drainage improvements within Phase III of Fawn Lake Subdivision.  Motion carried and ordered unanimously.  (See page                     for Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to solicit proposals for engineering consultant services for the existing and potential future underground injection system needs; appoint a Consultant Selection Committee consisting of Utility Services Director Richard Martens, Water and Wastewater Program Manager Ron Voll, Utility Services Construction Supervisor Craig Helpling, County Manager Peggy Busacca, and Transportation Engineering Director John Denninghoff or their designees; and appoint a Negotiating Committee consisting of Mr. Martens, Mr. Helpling, and County Attorney Scott Knox or his designee.  Motion carried and ordered unanimously.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Circles of Care, Inc. retroactive to October 1, 2005 in the amount not to exceed $1,692,158; and authorize the Chairman to execute any future amendments to the Agreement, contingent upon the approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously.  (See page                       for Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Brevard County Legal Aid, Inc., retroactive to October 1, 2005 in the amount not to exceed $220,000; and authorize the Chairman to execute future amendments to the Agreement, contingent upon the approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously.  (See page                      for Agreement.)

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize negotiating an interlocal agreement with the City of Titusville for the Housing and Human Services Department to administer the City’s State and Federal Housing, Community Development, and Hurricane Recovery Programs; authorize the County Manager to execute the Interlocal Agreement, contingent upon approval of the County Attorney and Risk Management; and authorize creation of three grant-funded positions consisting of two Housing Counselors and one Office Assistant.  Motion carried and ordered unanimously.  (See page

for Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant approval to purge 5,827 patron records that have been inactive since 1996 from the Library Services Computer System.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve a one-year pilot project for a Brevard County Library Connection (CLC) at the Rockledge City Hall in Rockledge.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission for staff to obtain appraisals for the existing Max K. Rodes Park.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreements with Florida Agency for Persons with Disabilities for Med-Waiver Transportation, and Family and Supported Living Waiver Programs.  Motion carried and ordered unanimously.  (See pages                          for Agreements.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to enter into negotiation discussion with Bright House Networks for renewal of its Cable Television Franchise Agreement; and appoint a Negotiation Committee consisting of a Deputy County Attorney, the Economic and Financial Programs Director, the SCGTV/Communications Director, and/or other alternate designees as appointed by the County Manager.  Motion carried and ordered unanimously.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Internal Audit Reports for the EELS and Golf Operations programs, and Stormwater Utility Department.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the Brevard County Annual Investment Performance Report for the year ended September 30, 2005 as presented by PFM Asset Management, LLC.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to reappoint Philip Nohrr, Roberta Bechtal, Pamela Gatto, Joy Gilliland, and William Potter, with terms of appointments expiring December 31, 2006.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Indemnity Agreement with North Brevard County Hospital District d/b/a Parrish Medical Center indemnifying Brevard County from claims arising from the issuance of a building permit for construction of a retention pond related to the construction of a medical facility at the intersection of Port St. John Connector Road and Grissom Boulevard.  Motion carried and ordered unanimously.  (See page                       for Indemnity Agreement.)

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Extension Agreement with Florida Department of Transportation for extension of Operational and Maintenance Costs Security Grant for Valkaria Airport to October 1, 2006.  Motion carried and ordered unanimously.  (See page                   for Extension Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment to Agreement with Advanced Data Processing, Inc. (ADPI) for ambulance billing and related professional services, renewing services for one year and amending the original Agreement to authorize ADPI to accept and process billing payments via credit cards.  Motion carried and ordered unanimously.  (See page                        for Amendment to Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize a temporary loan not to exceed $1.5 million from Insurance Reserves, Fund 5050, Account 5990190 to Emergency Medical Services, Fund 1351 in order to meet operating costs until additional service availability fees are collected and remitted in December 2005.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute 2005-2006 Emergency Management Preparedness and Assistance Grant, and Emergency Management Performance Grant Agreement; and authorize the County Manager or her designee to submit any additional changes, documents, or amendments required for the grant contract.  Motion carried and ordered unanimously.  (See page                      for Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Bills and Budget Changes as submitted.  Motion carried and ordered unanimously.  (See pages

                                   for List of Bills and Budget Change Requests.)

 

 

 

County Manager Peggy Busacca advised that Dr. David Laney reviewed the Grant/Valkaria Incorporation Study; and she provided the Board a draft letter that was requested by Dr. Laney stating if there is a newly created city, the County would be willing to contract with the city to provide services, as specified, at the cost to the County.  She requested permission to send the letter to Dr. Laney.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the County Manager to send a letter to Dr. David Laney advising if there is a newly elected city that the County would be willing to contract with the city to provide services, as specified, at cost to the County.  Motion carried and ordered unanimously.

 

 

County Attorney Scott Knox advised the Board met in Executive Session concerning the Christensen v. Brevard case; it authorized settlement offers up to $25,000; the case is scheduled to go to trial this week; and the Plaintiffs indicated they would accept the $25,000.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve settlement in the amount of $25,000 in the Christensen v. Brevard County case.  Motion carried and ordered unanimously.

 

 

Assistant County Attorney Terri Jones advised before the Board is the letter the County Attorney’s Office received on the Housing Authority of Brevard County’s offer; the Housing Authority agrees to pay the entire amount of $628,482 and requests it be spread out to 13 years instead of 10 years; it agrees to the 9% charge; and it will pay the solid waste.  She commented on Paragraph 4, increasing affordability, the 115 units at 50%, contingent upon good standing, and final approval for grant money.

 

Commissioner Scarborough stated he is ready to go on the issue if Ms. Jones can clarify a couple of items.  Ms. Jones stated she can bring back terms at the end of the meeting; and there can be a final contract by December 13, 2005 for the Chair’s signature.  Commissioner Scarborough stated that is the best way to proceed.

 

Commissioner Scarborough stated through the Economic Development Commission (EDC) the Board  has  Marshall  Heard  and  Lee  Solid  working  on  trying  to  bring  business here; in the

 

 

 

 

Opinion of the Florida TODAY and in Orlando Sentinel they were talking about some things that Bob Allen is bringing forward as space initiative packages that needs the Board’s support; and it needs to communicate it to John Thrasher through a letter from the Chair.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Chair to send a letter to State Lobbyist John Thrasher advising of the Board’s support of space initiative packages that will be brought forth by Representative Bob Allen.  Motion carried and ordered unanimously.

 

 

Commissioner Pritchard advised of Christmas parades this Saturday at 10:00 a.m. for Cocoa/Rockledge, and 2:00 p.m. for Cocoa Beach.

 

 

Commissioner Pritchard stated in speaking with Representative Bob Allen he said that the trip dollars in the amount of $10 million for the Pineda expansion has been approved, and the money is waiting in the bank.

 

Commissioner Carlson stated there is a press conference in Orlando this morning at 10:30 a.m. for the announcement of the trip awards and the dollars; $10 million was given to the County, which will free up the dollars it was associating with the Pineda expansion; and requested staff provide the Board with a report on the highest priority capacity projects.  She noted the incentives that went along with that for transportation have worked for the County; all the work her office has done on the Pineda has paid off; and additional dollars have been brought into Brevard County.  Chair Voltz stated she would like to see the $10 million go toward the Palm Bay Beltway, which is desperately needed for evacuation; and requested the Board take the initiative to make that happen.

 

 

Commissioner Carlson stated Saturday was the St. Johns River Alliance event to a capacity crowd; the number was approximately 275 and there were 300 seats; everything was paid in-kind; and there were no outstanding debts.  She expressed appreciation to various groups, agencies, and individuals for their assistance with the event.

 

 

 

Commissioner Colon stated there are 12 Housing and Human Services Advisory Boards and 250 volunteers; and a breakfast was provided to them this morning.

 

 

Commissioner Colon advised the Melbourne Christmas parade will be held this Saturday at 6:00 p.m.

 

 

Chair Voltz expressed appreciation to all volunteers in the community; and stated such volunteers are saving Brevard County taxpayers millions of dollars every year for their voluntary service and assistance.

 

 

Bill Gary, President of Harry T. and Harriette V. Moore Cultural Complex, Inc., advised of the mission and vision of the Moore Complex, and the existing  and additional park elements.  He requested the Board’s support of $200,000 to complete the remaining elements of the Memorial Park and Cultural Center.

 

Commissioner Scarborough stated it is a critical place in the history, not only of the Civil Rights Movement, but in the entire country; with Mr. Gary’s insight and the Committee, the County is able to put some money forward; and some of it would be used as matching grants to attract the State and private monies.

 

Commissioner Colon stated the County needs to move forward; the dollars are needed and will be matched by the State; and the commitment is there from the community.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve $200,000 from Contingency to supplement $300,000 from other fund sources to complete the remaining elements of the Harry T. and Harriette V. Moore Memorial Park and Cultural Center.  Motion carried and ordered unanimously.

 

 

Mr. Gary introduced Charles Favers and his wife, and Gloria Bartley to the Board and audience.

 

Commissioner Scarborough requested the Chair send a letter to Clarence Rowe advising him of the Board’s action and expressing its appreciation for his contributions and efforts.  Chair Voltz advised she will do that.

 

 

 

 

 

Chair Voltz read aloud a resolution expressing appreciation to the Brevard Library Foundation and Executive Director Ned Kellar.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution expressing appreciation to Brevard Library Foundation and Executive Director Ned Kellar for all their efforts on behalf of the citizens of Brevard County; and accept the donation of a new mobile library.  Motion carried and ordered unanimously.  (See page                     for Resolution No. 05-318.)

 

 

Ned Kellar, Executive Director of the Brevard Library Foundation, accepted the Resolution on behalf of the Brevard Library Foundation; and advised that the Foundation raised over $110,000 to purchase and equip the mobile library.

 

Mr. Kellar introduced Mr. Hendricks, Ms. Negroni, and those Foundation board members present.

 

 

Commissioner Colon read aloud a resolution expressing appreciation to Gryphon Group Security Solution, Inc.

 

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution expressing appreciation to the Gryphon Group Security Solutions, Inc. officers, staff, and their families for their many sacrifices for the citizens of Brevard County.  Motion carried and ordered unanimously.  (See page                     for Resolution No. 06-319.)

 

 

Michael Vaden introduced members of Gryphon Group Security Solution, Inc.; and commented on his Company’s training for the worst types of attacks, ambushes, and scenarios.  He expressed appreciation to the Board for the Resolution and its support; and presented a coin and pen to each Commissioner, the County Manager, and County Attorney, which represents  many things, including deep gratitude for their support.

 

 

Commissioner Scarborough inquired if Chris Broome is opposed to the item.

 

Chris Broome, representing Richard Shea, responded he is requesting the fine be reduced and the Code Enforcement lien be released.

 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve reduction of the accrued fine for Case #96-1423 from $15,634 to $1,563.40 with no assessment of enforcement costs; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

Walter Pine advised he has not received the public records he has requested regarding the Future Land Use Map; many County employees have worked diligently to do this; however, such records are still unavailable to the public.  He stated anything that goes toward the Board’s decision-making processes is supposed to be public record; the intention of government in the Sunshine is to cover the entire decision-making process and discussion therein; and that is not occurring.  He noted it is very important these public records are created, maintained, and made available to the public; they are not being done so; and requested the Board take appropriate action to at least create some reasonable suspense for public records access.  He advised free speech is not a small or simple item; and it is a well debated and discussed issue in the history of the United States.  He requested the Board alter the policies or make available to the public adequate time for response.

 

 

Thelma Roper advised of a situation in the Address Assignment Department where one person got ill and went home, and the other two employees left at 4:00 p.m.  She stated there needs to be a policy that County offices are always covered and not closed during business hours.

 

 

Amy Tidd advised she is the Air Quality Chair of the Sierra Club; the Board remembers all the years of working on the power plant issue in North Brevard; and the Sierra Club is very concerned about pollution coming out of the two grandfathered power plants.  She requested action be taken when the study is completed; and the Sierra Club would like to work with the County to see what can be done to take appropriate action so the citizens are not breathing the polluted air.

 

County Attorney Scott Knox advised the preliminary report is going to be within the next month or so.

 

 

Joan Wheeler stated she noticed in the newspaper yesterday there is a notice for residents to be on the reconvening of the Pier Committee in Titusville; she does not know why it is being reconvened unless the Committee is supposed to select the concessionaire or restaurateur; and she is very upset that the Committee is being reconvened because it was not done right in the first place.  She noted it is not right to give money to the City of Titusville out of the referendum money for the park or parking lot as it is public County money and not the City’s money; and she is real disappointed with the whole mess and how things have worked out.

 

Commissioner Scarborough stated there is a lot of community comment that needs to be a part of the process; there are changes, but the reason for the Committee is not to extinguish community comment, but to facilitate an intensive community discussion of all these component parts; and he would welcome Ms. Wheeler to become a part of the Committee and participate in the discussion.  He requested Ms. Wheeler come by his office to discuss some of her concerns.

Chair Voltz called for the public hearing to consider an ordinance adopting 2005-A Comprehensive Plan amendments.

 

Planning and Zoning Director Robin Sobrino stated the County received an ORC Report, especially for the first two amendments; there were objections by Department of Community Affairs (DCA) regarding increasing residential densities within the Coastal High Hazard Area as it defined it; such Area the State was using happens to differ from the adopted Coastal High Hazard Map in the County’s Comprehensive Plan; and based on such Plan it would not be an issue.  She advised the County has proposed to address the concerns with DCA in terms of explaining to it that the County feels there may be a difference in the data that is being used; and they need to work together to make sure they are operating from the same set of standards in terms of defining it.  She noted there were some other issues related to the other Comprehensive Plan Amendments that dealt with not necessarily increasing density in the Coastal High Hazard Area, but just right sizing certain Comprehensive Plan Amendments and other areas that were already developed that there was not going to be a change in density as a result of the Comprehensive Plan Amendments.

 

Discussion ensued concerning residential densities, flooding issues, problems in evacuating certain areas, connectivity to I-95; Highpoint, West Cocoa, and Canaveral Groves areas; responsibility to the community, Coastal High Hazard Area, reducing densities, and East Central Florida Regional Planning Council’s evacuation study.

 

Hugh Bohne and Rodney Honeycutt briefly commented on the 2005-A Comprehensive Plan Amendments.

 

 

 

 

 

 

 

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The Comprehensive Plan”; setting forth Plan Amendment 2005-A; amending Section 62-501, entitled Contents of the Plan; specifically amending Section 62-501, Part XI, entitled the Future Land Use Element; and specifically amending Section 62-501, Part XVI (E), entitled the Future Land Use Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.  (See page                       for Ordinance No. 05-59.)

 

 

Chair Voltz called for the public hearing to consider appeal of staff interpretation and denial of surface water permit.

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing to consider an appeal of a staff interpretation of Section 62-3666(1-4) and denial of a surface water permit to February 7, 2006.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with James E. and Jerelyn M. Ritchie and grant a waiver of Phase I Environmental Assessment for property for the Wickham Road Widening Project between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.  (See page                  for Contract for Sale and Purchase.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Easement from Grant Warner Skinkle, Jr., and Roger H. and Catherine M. Tishken, and grant a waiver of title searches, joinder, and Phase I Environmental Assessment for Newfound Harbor Sidewalk Project.  Motion carried and ordered unanimously.  (See page                 for Easement.)

 

 

Chair Voltz stated on Option 3, she would like to leave the vested rights petition alone at this point and not deny it as she does not know what is going to happen with the amendment; and requested continuation of code enforcement abatement on the issue.

 

Discussion ensued regarding legislative intent, metes and bounds, variance process, Board of Adjustment, equity, property rights, permitting process, covenants, accessory and principle structures, procedures, Brevard County Code, and public access to public waterways.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to defer denial of vested rights petition from Carmelo and Lisa Puleio until staff comes back to the Board with legislative intent regarding Code amendments; and approve continuation of code enforcement abatement concerning the Puleio’s boat dock on property within Crystal Lakes Subdivision.  Motion carried and ordered unanimously.

 

 

The meeting recessed at 10:37 a.m. and reconvened at 10:47 a.m.

Walter Pine commented that the Board’s proposed policy on meeting procedures is a direct attack on free speech and a violation of individuals’ right to free speech.

 

Thelma Roper stated it was a good thing to see in County Attorney Scott Knox’s analysis that he did quote the First Amendment of the Constitution, and Congress shall  make no law abridging the freedom of speech; and discussed defamation, slander, and disturbance issues.

 

Maureen Rupe advised there are three issues she is raising concerning the County’s website, including personal attacks on the website by a County Commissioner, false information on the website placed by a County Commissioner, and placing letters on the website from only the side of an issue that supports a County Commissioner’s view; and such issues should not be permissible on the website.

 

Amy Tidd stated freedom of speech is what is at the heart of our Country; what has happened in the past in the County Commission Chambers has been a chilling affect to individuals’ freedom of speech; and she applauds the Board in looking at this issue and voting to take some action.

 

Bette Danse stated it is a very sad day for the County to have to deal with issues of civility and personal attacks; there are circumstances where people who say others should be accountable, should be accountable themselves and should treat people respectfully; this is a valuable discussion; and expressed appreciation to the Board for taking action today to implement a Board policy.

 

 

 

 

 

 

 

Bea Polk commented on freedom of speech; stated each Commissioner was elected to serve everyone; the public did not have the proposed information until this morning; and requested the Board postpone the issue for further study.

 

Commissioner Pritchard stated he stands behind what he writes, stands behind what he does, stands behind the research he conducts, and stands behind his position that it is to represent all the people by taking input from all the people; he has a duty to question anyone who makes public comment; and he will continue to do that.  He advised it is his platform and his constituents expect him to respond; and everyone has First Amendment rights and it includes elected officials also.

 

Discussion continued concerning defamation, right of free speech, truth and good motives, slander, court of law, profane language, physical violence, threats, demeanor, independent forum, truth in government and truth in coverage.

 

County Attorney Scott Knox advised the County can be held liable for defamation for what is published on the website if it, as a whole, is considered to be knowledgeable of false statements that are placed on the website under a County auspices; and if such statements are not removed it could be liable, which means the taxpayers end up paying money at the end of the road if there is a suit filed and there are damages awarded.  He stated he does not believe establishing a link creates a public forum outside of the County website.

 

Commissioner Scarborough stated any group that deals with public comments is sooner or later going to discuss the subject; the right and ability of the minority to be heard is the thrust if one reads Roberts Rules of Order; the idea of keeping a decorum in the chambers is important; and the heart of what he feels is being said is that everyone adheres very strongly to the concept of freedom of speech.  He noted it is when actions by the Board collectively or individually go to stifle other people’s freedom of speech that it becomes of concern.

 

Chair Voltz stated she has her own website and a different server than the County; and she has a disclaimer that says the website and its contents are not paid for with taxpayers money and does not represent the entire County Commission and only that of the District 3 County Commissioner, and the website may contain links to information of entities outside of Brevard County government, but is not a formal endorsement.

 

Motion by Commissioner Carlson, to approve the policy on public meeting decorum and personal attacks as written.

 

 

Commissioner Scarborough advised he cannot support the motion; and the Board needs to express it in the objective concept and eliminate the subjective.

 

Commissioner Carlson withdrew her motion.

 

 

 

 

 

 

The Board reached consensus to approve the objective concept and eliminate the subjective in the policy on public meeting decorum and personal attacks; and direct the County Manager to provide a report regarding an independent forum where people can address the issues independent of any Commissioners’ comments, and include Commissioners’ emails and comments on the County’s webpage so there is an ongoing exchange.

 

Commissioner Scarborough suggested perhaps a professor at Brevard Community College could conduct public forums from time to time where he or she would bring in opportunities using the public television to draw different issues into further discussion independent of the Board; and advised it should be the County’s purpose to encourage and create the most dynamic community possible.

 

 

The meeting recessed at 12:05 p.m. and reconvened at 1:30 p.m.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Conflict Resolution for the Housing Authority of Brevard County, to include that it has cleared up the ambiguity about the 30-year period of affordability of its projects, it deleted a provision that required the County to expedite review of the Authority’s development, and the County will cooperate with the Authority, but treat it like any other applicant in rezonings and building issues.  He noted that the Authority has clarified the one-for-one basis and the median income housing at or below 50%, it will replace all public housing units it removes, the County is not permitted to collect interest on the Authority due to Federal and State law, and it gives the Authority contingent good standing until the agreement is executed by the County and Authority on December 13, 2005.  Motion carried and ordered unanimously.

 

 

Chair Voltz called for the public hearing to consider an ordinance regulating the sale and use of fireworks Countywide.

 

Commissioner Pritchard introduced the proposed ordinance to the Board and public in attendance.

 

Maureen Rupe, Carol McCormack, Jim Durocher, Thomas Hart, Lionel Cote, Lila Gilbert, Charles Billias, Mark Ryan, Mary Jane Nail, and Jerry Wall, advised of their support for the proposed ordinance.

 

 

 

 

 

 

Rebecca Ross, Jerald Robinson, Tom Lentz, Josh Rudolph; and Richard Torpy, representing 43 individuals, including William Micco, Ronald Carabbia, Ira Schwartz, Victoria Kennedy, Edward Kennedy, Chris Dietz, Debbie McPherson, Amy Limberis, Charles Jones, Jim Davis, Jennifer Dietz, Ira Aliff II, Randolph Nyman, John Perkins, David Watson, Tony Franklin, Michael Fowler, Clarence Puckett, Kelly Jameson, Robert Mason, Teresa Gifford, James Bolding, David Kendle, James Randolph, Andrew Briggs, William Moreland, Karl McPherson, Joseph Mele, Patrick Moran, Tim Yon, Randy Noe, George Peters, Robert Machen, Wendy Machen, Steven Dawson,

Santonio Holmes, Frank Miranda, Jr., Faith Compton, and Andy Lockshaw advised of their opposition to the proposed ordinance.

 

Discussion ensued concerning letters of support and letters of opposition on the proposed ordinance, Phantom Fireworks, sale and use of illegal fireworks, meetings not open to the public, additional regulations, protection and safety of citizens, discussions with the industry, Sky King Fireworks, abuse of fireworks, workshop on the proposed ordinance, education to the public, loopholes in the Fireworks Ordinance, noise and debris issues, patriotism, celebration of freedom, quality of life issues, Thunderbolt Fireworks, parental supervision, pyrotechnics, and legal sales of fireworks for ceremonial purposes.

 

Commissioner Pritchard stated he has met with Attorney Torpy several times; the ordinance did not come up out of the blue; it happened in July 2003 when the County received a multitude of calls and letters from a lot of people on the beachside and the mainland; and he likes fireworks and professional displays.  He noted he has been to too many events where there are too many people out of control having fireworks fights; he was on the beach several times during the 4^th of July and observed people having bottle rocket fights and Roman candle wars, and leaving debris everywhere; and he received 88 telephone calls and letters in support of the ordinance and six calls and letters in opposition.

 

Chair Voltz advised she is not going to support the ordinance; the people that are involved in the industry were not involved in the ordinance; and the item needs to be tabled to work with the people in the industry to come up with a solution concerning safety issues.

 

Commissioner Scarborough inquired is the proposed ordinance an original creation; with County Attorney Scott Knox responding it is a copy of Pinellas County’s Ordinance.  Commissioner Scarborough inquired if Pinellas County has had problems with its Ordinance; with Attorney Knox responding it was challenged and the Ordinance was upheld in the Second District Court of Appeal.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, pertaining to the regulation of the use and sale of fireworks and sparklers; providing for definitions; establishing regulations applicable to the sale and use of fireworks and sparklers; providing for violations; providing for penalties; providing for territories embraced; providing for severability; and providing an effective date.  Motion carried and ordered; Commissioners Voltz and Colon voted nay.  (See page                       for Ordinance No. 05-60.)

 

 

 

 

The meeting recessed at 2:29 p.m. and reconvened at 2:34 p.m.

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Utility Easement from Harbor Homes, LLC for property located on South Banana River Drive in Merritt Island.  Motion carried and ordered unanimously.  (See page                  for Easement.)

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept Roadway Easement from Christopher K. and Pamela S. DeLoach and grant waiver of Environmental Site Assessment requirement for construction of turnaround area at the eastern terminus of Smokey Lane.  Motion carried and ordered unanimously.  (See page                   for Easement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to accept Temporary Easement and Permanent Access Easement from Emilio and Lisa Valencia for conveyance of a mosquito impoundment site, and waive the Environmental Site Assessment requirement.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolutions and execute Perpetual Easements and County Deeds conveying property to Florida Department of Transportation for construction of two additional lanes within the I-95 right-of-way, from Palm Bay Road to Canaveral Groves Boulevard; and accept $20,000 in compensation for four easement conveyances.  Motion carried and ordered unanimously.  (See pages

for Resolutions Nos. 05-320 through 05-329, Easements, and Deeds.)

 

 

Natural Resources Management Director Ernie Brown provided a brief summary of the background and history concerning the proposed resolution for public access to the waterways, and how the issue has evolved over the last several months.

 

He advised there are two proposed resolutions; there are several options for the Board’s consideration; one is to take no action; and the second option is to endorse Option A, which includes Provision 4 to ask the State to create a documentation system.  He stated the third option would be to endorse the second resolution, which excludes the documentation system, or the Board can provide direction to staff as it sees fit.

 

Chair Voltz and Commissioner Scarborough advised they support Option 3, which excludes Provision 4. 

 

Commissioner Pritchard stated a lot of the regulations the County has are stupid; slow speed zones have not done a thing; the trend is still where it always has been at 25% because manatees do not hear slow moving boats; and that is a fact. 

 

Discussion continued concerning canoes, kayaks, and rowboats; registration fees, law enforcement, Fish and Wildlife Commission (FWC), Manatee Trust Fund, buoys and markers, powerboats, and navigable waterways.

 

Jim Durocher, representing Space Coast Paddlers, advised of his opposition to the proposed resolution.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution enhancing public access to Florida’s waterways and endorsing Option B, which excludes Provision 4, “Creating a program to document the number of non-motorized vessels in Florida in order to receive its full share of federal boating funds”; and direct staff to forward the Resolution to the Legislative Delegation and State Lobbyist.  Motion carried and ordered unanimously.  (See page                    for Resolution No. 05-330.)

 

 

Assistant County Manager Don Lusk stated staff provided a report to the Board and outlined some options; the County began its walk down the path of doing off leash dog parks in the Fall of 2004 at Wickham Park; it originally started as an unsupervised off leash dog park; and initially there were problems with dog bites and other issues.  He noted within the first couple of months staff decided it needed to have a staffed dog park; even having it staffed, it has not been without problems; there have continued to be dog bites; and he is not sure the County is ever going to get to zero bites at a dog park, but that has been a measurement staff has looked at in terms of trying to see if it can be successful.

 

Cathy Schanz, Parks and Recreation Department, advised the Brevard Animal Recreation Club (BARC), which is a 501C3 not-for-profit Organization in Brevard County, encouraged the County to designate some areas of the beach for dogs; the Organization has also been working with the

 

 

 

DISCUSSION AND STAFF DIRECTION, RE:  OFF LEASH DOG PARKS (CONTINUED)

 

County trying to identify and help promote off leash dog parks within the County park system; Wickham  Park  was  the  first  one  and  opened  in  November  2004;  and  Palm  Bay  is under

development at this time, and one dog  park  is proposed at Viera, which is part of the master plan.  She stated another dog park is proposed at Mitchell Ellington Park; and the Lori Wilson dog park is a joint project with the City of Cocoa Beach that the Board approved in January 2005.  She noted there has also been a request for a dog park in Titusville; and a site has not yet been identified.

 

Fran Gorecki, Linda Andersen, Angela Krutz, Evelyn Hause, Donald John, Roy Laughlin, Lisa Grace Kestel, and Charles Billias advised of their support for off leash dog parks in Brevard County.

 

Commissioner Pritchard stated he does not own a dog, but knows a lot of people who do and would like to have some place to take them; dog parks are for people too; and he does not know why the County could not go with a supervised off leash dog park.  Commissioner Pritchard inquired has the fee charge been acceptable to the patrons at Satellite Beach Park; with Ms. Schanz responding affirmatively.

 

Commissioner Carlson stated she sees the need of having dog parks in more places; there is also a cost to it; the Agenda Report indicates it is going to cost approximately $250,000 to take and maintain five dog parks throughout the community; so the Board is going to see an increase in its budget for this over time with Wickham Park being one of the first.

 

Discussion ensued regarding maintenance of the existing dog park at Wickham Park, parking, fencing, hours of operation, number of dogs going into the parks at one time, dog bites, privatization program, unsupervised dog parks, Viera Regional Park, procedures, rabies certificates, training individuals, inconsistency issues, dog park etiquette class to users, liability issues, and supervised dog parks.  

 

Animal Services and Enforcement Director Craig Engelson advised the attendant is more than just to break up dog fights; and such attendant would need to have the County’s database to insure that things are done correctly, people understand the rules, and if they break the rules that the warning is given and that person is marked in the computer or database. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to execute Interlocal Agreement with the City of Cocoa Beach for an off leash supervised dog park at Lori Wilson Park, with the County funding the balance of the operating cost and the City funding $75,000 to build the park.  Motion carried and ordered unanimously.  (See page                    for Interlocal Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to direct staff to mimic the City of Satellite Beach’s fee for the dog parks at Wickham and Lori Wilson Parks.  Motion carried and ordered; Commissioner Scarborough voted nay.

 

 

 

 

DISCUSSION AND STAFF DIRECTION, RE:  OFF LEASH DOG PARKS (CONTINUED)

 

Commissioner Scarborough advised knowing the size of the Parks and Recreation Department’s budget, he believes the fee could be absorbed.

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve funding of positions for the dog parks at Lori Wilson and Wickham Parks; and direct staff to review the number of dogs that can go into Wickham Park at one time due to dogs biting each other.

 

 

Chair Voltz stated she would like to know where the money is coming from to pay for the positions, and inquired are they already in the Parks and Recreation Department’s budget.  Mr. Lusk responded negatively.  Chair Voltz stated the County is looking at potentially $250,000 in addition to its budget for next year; she is not going to support the motion because it is adding to the budget and it is not even the start of the budget yet; the Board has not looked at its budget for next year and it does not know what kind of money it has coming in; and it has nothing to do with the dogs in general as she loves dogs.  She noted if staff can come back later and show her where the money is coming from and the County can afford it, that is one thing; but right now going into this without knowing where the money is coming from is irresponsible.

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered; Commissioners Scarborough and Voltz voted nay.

 

 

Tom Kocol, representing Atlantic Cabinets of Brevard, advised the Board of the project; stated the expansion will be at the facility on Murrell Road; approximately 30,000 square feet will be added; and there will be about 25 to 60 new employees.  He advised the Company builds approximately 450 cabinets per day.

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida providing approval for the purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, of the issuance

of its not to exceed $6,000,000 Industrial Development Revenue Bonds to finance the acquisition, construction, and equipping of a manufacturing facility to be located within Brevard County; authorizing the execution of a Declaration of Official Intent pertaining to the issuance of such Bonds; making certain other findings in connection therewith; providing for conflicts; providing an effective date; acknowledge the findings of the TEFRA hearing; authorize the Chair to sign the bond application to be submitted to the State Division of Bond Financing; and authorize the Chairman and County Attorney to execute all necessary bond documents.  Motion carried and ordered unanimously.  (See page                       for Resolution No. 05-331.)

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Special Magistrate’s recommended order to grant Harold V. Baker his vested rights petition.  Motion carried and ordered unanimously.

 

Fire Rescue Director William Farmer explained the action items concerning the policy for deployment and emergency compensation, including outside County deployment, travel time and operations, only paying for operational hours, and all operational hours counting as time and a half.  He advised staff is recommending option 2 in item 1.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve policy regarding the deployment and payment of compensation for those County personnel dispatched to natural and manmade disasters, to include Item 1, Outside County Deployment, Option 2, Travel Time and Operational, personnel are paid straight time for those hours needed to travel to affected areas and those hours working on a specific duty/mission, sleep hours do not count, and personnel would receive overtime (time and one-half) once they go over their normal duty time (i.e. 53-hour work week.)  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Item II, Katrina Deployment, to include that personnel deployed for Hurricane Katrina be paid Portal to Portal as several other local fire agencies, with total cost of payment not exceeding $9,276.57, including benefits.  Motion carried and ordered unanimously.

 

 

Chief Farmer advised Item III is In-County emergency compensation; it is not unique to the Fire Service; Animal Services and Enforcement Department and Space Coast Area Transit (SCAT) also do the same thing; before hurricanes arrive, SCAT, Animal Services and Enforcement Department, and himself have to bring personnel and lock them into a place to prepare for the storm; and unlike SCAT and Animal Services, he has to pull from the field.  He noted those are field people who get pay usually for all of their time, the time they sleep and the time they work; he sits those people in the Emergency Operations Center (EOC) right next to clerical and technical staff; and if he pays the clerical and technical staff a different rate of pay, in other words, do not pay them when they have “downtime”, even though it is not guaranteed, he will be paying them differently than he pays the firefighters sitting right next to them that he needs in the EOC with him for their technical expertise.  He stated during Hurricane Frances the County paid everyone the same so it would not have a dysfunctional family; normally it would not have been a problem, but because Hurricane Frances lasted as long as it did and because of holiday issues, etc. it was a huge paycheck and has caused issues with the Clerk of the Circuit and County Courts; he has briefed Scott Ellis on the issue; and Mr. Ellis has consistently said he wants a policy to pay County personnel consistently across-the-board as fair as possible. 

 

 

 

 

 

POLICY, RE:  DEPLOYMENT AND EMERGENCY COMPENSATION (CONTINUED)

 

Chief Farmer read a letter into the record from Mr. Ellis, as follows:  “To the County Commissioners from Scott Ellis, Clerk of the Court, Agenda Item VIII.D.1., Board Meeting December 6, 2005.  The above listed Agenda Item addresses a policy with regard to the deployment and payment of compensation for those Fire Rescue personnel dispatched to natural and manmade disasters both outside and inside Brevard County.  As you are aware, the Clerk’s Office is currently reviewing such Compensation Policies and deviation from them during the 2004 hurricane season and will be bringing recommendations forward to the Board of County  Commissioners  in  January  of  2006.  I  recommend  that  you take action on this item,

whether you adopt the recommended  policy  or a different one.  It will be imperative to establish this same policy for all County employees deployed to natural and manmade disasters both outside and inside Brevard County.”  He stated Mr. Ellis’ issues with the 2004 hurricane season was the fact that there was a Policy put out for the general County employee, eight to five, that said the County would not pay for sleeping; that Policy did not speak to firefighters; the County paid firefighters whether they were sleeping or not; and it paid all Fire Rescue personnel that were involved, whether they slept or not, for all hours they were there.  He noted Mr. Ellis’ issue is that the County either should reduce the money it paid Fire Rescue for 2005 or pay the personnel who were similarly locked down; and all of those are Board policy decisions.

 

County Manager Peggy Busacca stated her suggestion is that the line has to be drawn somewhere; she does not believe the Board can afford to pay all personnel the same way that it pays firefighters; the line can be drawn at firefighters, in which case the people who are in the Fire Operations Center (FOC) are paid differently, or the line can be drawn outside of the FOC so that people who are working outside of fire service get paid differently; she would not recommend that the County pay everyone the whole time they are working; and Hurricane Frances taught the County that a storm can take a very long time to get here.

 

Commissioner Pritchard noted if someone is sitting at the console at the EOC and decides to go into the back and take a couple of hours sleep, he or she could be interrupted at any time to come back to the console; the County does not pay the individual; and he does not agree with it.  Ms. Busacca advised it is a Board policy; Hurricane Wilma occurred in a very short period of time, but Hurricane Frances did not; and the fiscal impact of this is significant.  She stated if it is what the Board would like to do, it is very generous and staff would certainly appreciate it; but there is a high fiscal impact in a storm such as Hurricane Frances.

 

Discussed ensued on hourly and salaried employees, work shifts, on-call personnel, salary survey, long-term events, compensation, and hazardous conditions.

 

Commissioner Colon requested Item III come back to the Board for further discussion; stated there are a lot of questions involved; the Board is not going to solve it now; it needs to make sure it is not just an issue with Fire Rescue; and it is a very sensitive issue.

 

Chief Farmer advised he has no problem delaying Item III until the Commissioners can speak with the other department directors or coordinate through the County Manager’s Office; and he would like the item to be brought back to the Board before the fire season starts, which will be shortly.

 

 

 

POLICY, RE:  DEPLOYMENT AND EMERGENCY COMPENSATION (CONTINUED)

 

The Board reached consensus to direct staff to bring back Item III, In-county Emergency Compensation, to the Board in January 2006. 

 

Commissioner Pritchard stated he does not think anyone should be paid double time and a half; at least straight time and perhaps time and a half would be appropriate for someone who comes in and it is extra time for him or her; it is an emergency; and people who are in this line of work, mainly government, should be somewhat attuned to having to do certain things  because it is an

emergency.  He noted he hopes when the item comes back in January 2006 the staff will address it; double time and a half for an emergency is a bit much.

 

Ms. Busacca stated it started because there are certain people that do their regular job during emergencies and people that do different jobs; people who work in special needs shelters who are librarians and are changing adult diapers are not working within their normal course of activities; a SCAT driver might be working within his or her normal course of activity; and staff has tried to come up with a policy and there is a special rate of pay now for that.  She noted one has to look at the circumstances; and not everyone is working inside of their normal duties during an emergency.

 

 

Chair Voltz advised the issue is in her District; and requested a motion to approve the fee waiver.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Milton Miller’s request and grant a fee waiver for a variance in the amount of $780.00 for an indigent Barefoot Bay resident impacted by the storms in 2004.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution amending Resolution No. 05-054 of the Board of County Commissioners of Brevard County, Florida, by creating Sections 3.1(a) and 3.1(b) relating to calling and cancellation of meetings; amending Section 5.3 relating to the agenda; creating Section 5.5 relating to the agenda; creating Section 6.3(g) relating to public hearings; amending Sections 7.1 and 7.2 relating to resolutions and awards; and creating Sections 9.2(c) through (e) relating to rules of decorum.  Motion carried and ordered unanimously.  (See page                       for Resolution No. 05-332.)

 

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to include that the Board’s zoning meetings will begin at 4:30 p.m. and end no later than 11:00 p.m.  Motion carried and ordered unanimously.

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 4:30 p.m.

 

 

 

 

 

ATTEST:

                                                                       __________________________________

HELEN VOLTZ, CHAIR

BOARD OF COUNTY COMMISSIONERS      

                                                                       BREVARD COUNTY, FLORIDA

 

___________________

SCOTT ELLIS, CLERK

 

 

 

           (S E A L)