MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 9, 2007

 

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 9, 2007 at 9:01 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Mary Bolin, and Helen Voltz, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

The Invocation was given by Pastor Jack Deeds, First Baptist Church of Scottsmoor, Florida.

 

Commissioner Nelson led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the October 10, 2006 Regular Meeting Minutes, and August 22, 2006 Special Meeting Minutes.  Motion carried and ordered unanimously.   

 

 

Transportation Engineering Director John Denninghoff stated it is very unusual for a County to achieve the classification in the community rating system for the National Flood Insurance Program that Brevard County has achieved; the ranking system is a descending system, with 10 being the worst and 1 being the best; and for years Brevard County has been an 8, until recently it scored a 7.  He stated the rating equals a savings to all unincorporated residents of the County who have flood insurance; it also includes commercial properties; and residents and commercial property owners who have flood insurance get discounts and those discounts are estimated to be approximately $738,000 a year in premiums that is saved.  He advised the cost of the program is only approximately $90,000 a year; and there is a benefit ratio of 8:1, so it is a great return to the taxpayers of the County.  He stated most of the accomplishment is owed to Frank Skarvelis, who is the staff member who administrates the program; and Mr. Skarvelis has also received recognition for Excellence in Action.  He presented Mr. Skarvelis with a plaque from FEMA, recognizing the County’s achievement rating of 7. 

 

Frank Skarvelis stated the plaque is representative of Brevard County staff’s continuing efforts to manage the floodplain and to do it better than a lot of people.  He noted while he coordinates the program, it is the cooperative effort of many Brevard County departments; and it also represents the foresight, commitments, and cooperation of this and past Boards to address issues involving the safety of life and property for its constituents.  He stated County Manager Peggy Busacca saw the wisdom of CRS participation early on, and was key in the County entering   the   program   in  1991;   and   Commissioner   Bolin’s   efforts  during her tenure with

Emergency Management were also significant in where the County is today.  He advised there are 1,049 communities participating in the United States; of those 1,049, only 117 are rated better than unincorporated Brevard County; that puts Brevard County in the 89^th percentile nationwide; and of those 117, only 27 are Counties.  He noted Statewide, of the 67 Florida Counties, only eight rate as good or better than Brevard County; of those eight, they are either areas with greater population and a greater tax base, which allows participation to be easier, or they are more rural and have less flood plain management issues impacting peoples’ property; and locally, of the nine communities that participate in Brevard County, unincorporated Brevard has the best rating.  He stated Brevard County is assured by FEMA both at the regional level and Nationally that a Class 7 rating is exemplary.  Mr. Skarvelis commented the rating of 7 will require a continuing effort from staff and the Board; it is a fact that as competition for available land increases, floodplain management challenges will occur with greater frequency; floodplain encroachment is not inevitable; and steps must be taken to allow the floodplain to do its job, and that is to manage the flood.  He stated this Board and future Boards must address hard issues regarding the balance between development and protection and preservation of the floodplain; CRS requirements have increased, and the number of repetitive flood loss properties in Brevard County has quadrupled since 2004; and as a result the County is now required to draft and adopt a floodplain management plan that is acceptable.  He stated there are more outreach activities involved to people in the flood prone areas and to the County at large; and there are more activities that have to be undertaken that will hopefully preserve and enhance Brevard County’s rating. 

 

Commissioner Bolin expressed thanks to all the work Mr. Skarvelis has done on the local mitigation strategy plan.  She stated Mr. Skarvelis is very good and thorough and inquired if he also has statues Statewide or Nationwide with all of his certificates and accreditation; with Mr. Skarvelis responding he currently serves as the Regional Director of Region Five of the Florida Floodplain Management Association and is also certified nationally under the Association of State Floodplain Managers.

 

Commissioner Voltz inquired how citizens can gain from this accomplishment; with Mr. Skarvelis responding the Community Rating Status is somewhat automatic in many places in floodplain areas identified by FEMA; in order to secure financing for development, citizens are required to carry flood housing insurance, sometimes at exorbitant rates; by upholding the higher standards of floodplain management and flood housing mitigation under the Community Rating System (CRS), citizens are afforded a tangible benefit; whether citizens are required to carry it, or whether it is carried involuntarily, they receive discounts off of their flood insurance rate; and based upon the number of policies and premiums paid per annum, it is an estimated savings of $73,000 Countywide. 

 

Human Resources Director Frank Abbate stated it is a privilege to join the Board in recognizing and presenting Professional Development Certificates to 11 employees who have attended the Employee Development Program during the last six months.  He introduced Leslie Jones, Employee Relations Manager; and Jennifer Meyer, Employee Development Manager.  Mr. Abbate noted the program has 18 courses in three different phases; and advised the Board of the courses and he introduced the 11 employees who have completed the courses.

Chairperson Colon expressed thanks and gratitude for what the individuals have accomplished. 

 

 

Commissioner Nelson read aloud a resolution congratulating Brevard County Library Systems.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution congratulating the Brevard County Library System on being awarded a $20,000 Big Read Grant; and encouraging its citizens to read “To Kill a Mockingbird” and to participate in events during the month of February, located throughout Brevard County.  Motion carried and ordered unanimously. 

 

Susan Szymula gave each member of the Board a copy of “To Kill a Mockingbird”; stated she hopes the Board will participate in some of the programs; and there are film screenings, and three authors coming to visit.  Library Services Director Cathy Schweinsberg stated Susan Szymula is one of the two primary preparers of this proposal; it was extremely competitive nationally; and she is proud to say Brevard County received four times the amount of money that Orange County Libraries did.

 

Commissioner Voltz stated she read the summary version of “To Kill a Mockingbird”, and it sounds like a wonderful book for kids and very encouraging; and she plans to read it.

 

 

Neta Harris, Executive Director of the Annual Space Coast Birding and Wildlife Festival, stated the Festival will be January 24^th through the 28^th at the Brevard Community College, in Titusville.  She stated there are over 175 events this year; and there are speakers coming from all over the world including Africa, Ecuador, England, and the United States.  She advised a program can be picked up at all of the Chambers of Commerce in the County, as well as online at www.nbbd.com/fly.  She stated she brought some critters with her; she introduced Sue Small, Director of Florida Wildlife Hospital, and she brought an Eastern Screech Owl named Gonzo; and Gonzo has been injured and is rehabilitated and he makes trips with Ms. Small to publicize the wildlife hospital, which operates on grants and donations, and is always in need of support and food for their birds and other animals.  She introduced Chris Brown who is a technician for the Enchanted Forest; and stated Mr. Brown is holding Trudie, a gopher tortoise that has lost one of her flippers.  She advised there will be programs on Saturday, January 27^th at the Enchanted Forest.   She  stated  between  2,500  and  3,000  people   will  visit this year because it is a 10^th anniversary; the Festival first started out with about 200 people and has gradually grown; and now there are 83 vendors this year from all over the United States and four foreign countries. She stated the Festival is now ranked in the top three in the United States and is known around the world as a premier event because of the venue in Brevard County and the type of programs they have regarding the environment, conservation, protecting and promoting the natural resources.

 

Ms. Harris introduced a video and thanked the Commission for providing the money for the advertising grant through the Tourism Development Council; and stated part of the advertising grant was an advertisement with Brighthouse Networks in order to reach a broader audience in Central Florida and North Florida.  She advised a 30-second video ad will begin airing on January 15, 2007 around Central and North Florida. 

 

Commissioner Voltz stated Brevard County is having the first Birding and Wildlife Festival of the year; with Ms. Harris responding originally the Festival was held every November, but the hurricanes damaged the roads where the field trips take place; and the vendors and speakers had such a number of festivals to go to in October and November, that by the time they came to Brevard’s Festival, they were exhausted; and now instead of being the last festival, they are the first festival. 

 

Chairperson Colon stated she is from Ecuador and she will be hosting the visitors from that Country.

 

 

Commissioner Voltz read aloud a resolution honoring and recognizing Warden Danny Wilkins.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution honoring and recognizing Danny Wilkins as he retires from service with the Florida Department of Corrections.  Motion carried and ordered unanimously.  

 

Danny Wilkins expressed his thanks to the Board.

 

Sheriff Jack Parker stated Brevard County is lucky, because of all the wardens in the State of Florida, Brevard County had the best one; Mr. Wilkins is a special person who made things work; and the Sheriff’s Office is indebted to him.  

 

 

 

County Manager Peggy Busacca stated she would like to delete two items currently on Consent; the first is Item IV.A.4., which is a Waiver of Parking Requirements for Happy Landings Homes; and Item IV.C.4., which is the Award of Proposal from Space Coast Advertising in reference to Library Services.  She noted staff has additional work to do on those items and will be rescheduling them.  She advised there has been a request to move IV.C.1., the Facilities Audit, for discussion; stated there has been a request from the School Board on the transfer of educational facilities impact fees; and there had been discussion among individuals who perhaps the Commission would want to discuss whether it wants to move forward distributing the impact fees or to wait until after the Board has its joint meeting with the School Board on impact fees before distributing the fees.  She stated she is looking for Board direction as to whether the County should go ahead and distribute the impact fees or wait until after January 26^th. 

 

Commissioner Voltz stated it might be prudent to wait because of the amount of money the Board is potentially going to give the schools; student stations from Brevard County Schools get more money than the student stations for Charter Schools; and before the Board distributes the money, it may want to wait to make sure there is enough money. 

 

Commissioner Nelson inquired if there is any urgency in the need to distribute, or could it wait; and does it have any impact on the school system at this point; with Ms. Busacca responding she can contact the School Board and find out, but she does not know at this point.  Chairperson Colon inquired of the date of the joint meeting; with Ms. Busacca responding it is January 26, 2007 from 2:00 p.m. to 4:00 p.m. in the Florida Room.

 

 

 

County Attorney Scott Knox stated he would like to ask for an Executive Session regarding the City of Cocoa annexation; a decision has been received from the Fifth District last week, and it is probably something that should be discussed; and he would like the Executive Session to take place on January 18, 2007. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to advertise and schedule an executive session for January 18, 2007 at 11:30 a.m. concerning the City of Cocoa annexation case.  Motion carried and ordered unanimously.

 

 

 

Chairperson Colon stated the Board held a meeting with all of the Directors at the end of March; and will be having another meeting with the Directors so everyone is on the same page and can plan 2007 and what is expected.  She stated she told the Directors she will have quotes in her report at the beginning of every Commission meeting; and that will be her way of letting them know how much they are appreciated.  She quoted Eleanor Roosevelt, “You gain strength, courage, and confidence by every experience in which you really stop to look fear in the face.  You must do the thing you cannot do.”  She stated that quote is appropriate because of the start

of a new year and a lot of challenges.   She  commented  2006 was a year of great accomplishments and the Board thanks all of the County employees for making it happen.  She noted some of the things that happened include the citizens voting for Parks and Recreation to finish many projects, the completion of the Detention Center, funding of the mobile library, expanded hours of operation for Transit Services on several routes, Animal Services has begun the low-cost spay/neuter clinic, the acquisition of Barefoot Bay water system to improve water quality for the customers; and the Board funded the expansion of the 4H programs for the youth.  She stated the price of homes in Brevard County has gone up tremendously; the workforce cannot afford it; the Board has put together a task force; and there will be resolutions and ordinances that will be put together to make sure the workforce has affordable housing in the community.  

 

 

 

Chairperson Colon stated three beautiful lives were lost in Palm Bay over the weekend; and she wants the families to know the Board feels their pain.  She advised one 16-year old and two 19-year olds lost their lives early Saturday morning; and the Board is here for the families.

 

 

 

Chairperson Colon stated January 15, 2007 is Martin Luther King Day and she would like to invite everyone to join in on the march Monday morning at the Martin Luther King Library.  She noted after the march will be a celebration with a lot of skits and singing.

 

 

 

Chairperson Colon stated at the last MPO meeting, it was hard, because the Board had been promised $36 million from the State to widen Palm Bay Road, which is crucial.  She noted West Melbourne, Palm Bay, Melbourne, and the Board of County Commissioners were extremely disappointed that those dollars were taken away; but the Cities and the Board let the State know it is not being taken lying down.  She stated FDOT came to Brevard County for a meeting; it was a community effort; and Mr. Denninghoff is going to let the Board know what is its share of the allocated dollars.

 

Transportation Engineering Director John Denninghoff stated yesterday there was a meeting with the Cities of West Melbourne, Melbourne, Palm Bay, County staff, and representatives from Commission Districts 3 and 5.  He stated ideas were kicked around on how to take care of the problem the County is faced with regarding FDOT; and the preferred option FDOT presented would require a contribution up front by the local communities of $15.2 million, reimbursable in 2011, and repayable over ten quarters.  He stated the option developed is that the City or the County would borrow the $15.2 million; present it to FDOT to complete the funding for the Palm Bay Road widening and then it would be able to proceed this current fiscal year for FDOT, which would be prior to July 1^st.   He advised the cost of the  loan has now been estimated to be

as low as $2.9 million and as high as $4 million, depending on how the loan is structured; a lot of ideas came up as to how to pay for that; and there was a lot of discussion on how to do that.  He stated Tre? Holten was there and he presented an option that took hold, and it was helpful for him to do that; and the idea is the County would pay 50% of the cost, the City of Palm Bay would pay 25% of the cost, and Melbourne and West Melbourne would pay 12.5% each, for a total of the $2.9 to $4 million.  He stated the County’s exposure would be about $1½ million to $2 million; the County would not have to come up with all of the money up front, as it would be able to come up with it in annual installments; and the annual installment could be as little as $242,000 over six years or as much as $667,000 over three years.  He stated those figures are fairly manageable in his estimation when the Board is looking at a $15 million shortfall for this major project.  He stated FDOT needs a commitment from the local representatives by January 20^th in order to be able to make this happen this fiscal year; and if it slips to the next fiscal year, the dollar figure goes from $15.2 million to $17 million.  He noted there is a public meeting on January 17^th, and on January 18^th there is a workshop; along that timeframe, the County will have had to make a commitment or a decision as to how it would do this; and there are a number of possible funding options, but staff is confident it can manage those figures.  He stated funds need to be presented to FDOT by the latter part of February; the City of Palm Bay has offered to get the loan, but it needs a binding commitment from the Board and the other two cities as to the sharing and paying the debt service on that loan; and that all needs to happen in a fairly timely manner in order for them to be able to secure the funds in time to give the FDOT in February.  He stated he would hope to receive direction from the Board as to the concept staff has come up with and direction to proceed with preparing the Interlocal Agreements that will be necessary; the City of Palm Bay will probably have to enter into a JPA with FDOT and consider all the funding options; and staff will be able to present it to the Board on January 18, 2007.

 

Commissioner Voltz stated she is proud of her staff for coming up with the idea; and Mr. Holten has been working hard with everybody, including getting the FDOT Secretary here and putting the meeting together.  She noted if the Board did not do this project, it would have had to pay to repave the road anyway, and that would have been over $2 million.

 

Mr. Denninghoff stated that is correct; one reason he felt comfortable with the arrangement is the County’s exposure; if the project is not moved forward, DOT’s alternative is to wait until fiscal year 2011; and the County would have to resurface substantial portions of Palm Bay Road at a cost of today’s dollars of $2.3 million.  Commissioner Voltz stated the Board would have had to pay the money anyway, and for it to pay part of it and get the road completed is a benefit to the citizens and it is a creative way for funding for the roads. 

 

Chairperson Colon stated the community felt betrayed; and there cannot be $36 million allocated to a project and then take it away over night.  She noted the support of each municipality at the MPO meeting was incredible; the cooperation between the cities and the County is a huge milestone; and she would like to thank the City of Palm Bay for all of the hard work, along with the Cities of Melbourne and West Melbourne.  She stated the Board felt roads should not be resurfaced and then in a couple of years, tear it apart; the taxpayers would have been angry; and rightfully so. 

 

Mr. Denninghoff stated he would like to have authorization from the Board of County Commissioners, to make necessary budgetary adjustments. 

 

Commissioner Scarborough inquired if Mr. Denninghoff is asking the Board to approve in concept today and take formal action between now and January 18^th; with Mr. Denninghoff stating formal action can be taken on the 18^th.

 

Commissioner Voltz thanked the City of Palm Bay for stepping up to the plate when many other cities may not have done that; and stated it has been wonderful working with the Cities of Melbourne and West Melbourne and see everyone come together on this project.

 

Commissioner Bolin stated she applauds the action; it shows her that in times of crisis everyone can pull together and government can work quickly and turn on a dime; and the project has 100% support from District 4.

 

Chairperson Colon stated with the Board’s approval, she will be sending a letter to Secretary Downs thanking her for all her hard work. 

 

Chairperson Colon passed the gavel to Vice Chairperson Scarborough.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to approve staff’s proposed concept concerning estimated loan of $2.9 million to $4 million to complete funding for the Palm Bay Road Widening Project, with the County paying 50% of the cost, the City of Palm Bay paying 25%, and the Cities of Melbourne and West Melbourne paying 12.5% each; direct staff to proceed with preparing the necessary Interlocal Agreements and make necessary budgetary adjustments; consideration of all funding options and formal action to be taken on January 18, 2007; and authorize the Chairperson to send a letter to District 5 Secretary for Florida Department of Transportation Noranne Downs thanking her for all her efforts.  Motion carried and ordered unanimously.

                                                     

Vice Chairperson Scarborough passed the gavel to Chairperson Colon.

 

 

Chairperson Colon stated Brevard County has been having City/County School Board Summits for several years; the participants meet twice a year; the community meets all of the Mayors of the Cities in Brevard County, the School Board, the County Commissioners, and  representatives from the federal level; and everyone gets updated with what is going on.  She stated in the last couple of years, the subject has been growth management; at the Summit, it will be discussed what is expected from everyone; and the team effort is crucial.  She noted there will be updates from the Growth Management Coalition, Workforce Affordable Housing, and an update from the School Board informing of Interlocal Government Agreements that are being developed.  She advised the Summit is on January 19, 2007 from 9:00 a.m. to 12:00 p.m.; and it is a workshop with no public comments, as it gives public officials an opportunity for the different jurisdictions to come together. 

 

Michael Carter, Engineering Manager of BRP of Palm Bay, noted his company used to be Bombardier.  He stated Bombardier was sold  off and is now a small, private company; BRP has come to the Economic Development Commission (EDC) this year for tax abatement to try to grow its Palm Bay facility and to bring new jobs to the area in order to sustain that facility for the long term. 

 

Chairperson Colon inquired of the name of the company; with Mr. Carter responding it is BRPUS, Inc., which stands for Bombardier Recreation Products.  Mr. Carter stated he understands he will need to go back to the EDC and come back before the Board in another month. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution approving Bombardier Recreation Products, Inc. as a Qualified Targeted Industry business, and requesting the State waive the QTI local match requirement in lieu of the County’s tax exemption local match.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution qualifying Bombardier Recreation Products, Inc. as an eligible business under the County’s Tax Abatement Program and authorizing a public hearing to consider adoption of an exemption ordinance.  Motion carried and ordered unanimously.  

 

 

 

Commissioner Scarborough stated small area studies for the Mims area will be starting soon; the first meeting will be Wednesday, January 10, 2007 at 6:30 p.m. at the Cuyler Park Community Center; and anybody interested is welcomed to attend.  He stated one of the issues in addition to the technical status is determining how to define a community; and there are a lot of components a lot of communities have.  He mentioned trail systems, equestrian capacity, and greater water access to the Lagoon.  He advised there will be other meetings after January 10^th.

 

 

 

County Manager Peggy Busacca stated as part of the Executive Leadership Institute, department directors read books about leadership and then discuss the books amongst themselves; it helps each of them to expand horizons, and gives some common language in which to talk about the leadership issues; there are a number of books that have been read; and the process will continue in the coming years.

 

Commissioner Scarborough suggested the Board discuss community concerns and that each Commissioner come to a workshop with a speech.  He commented on one of his favorite books is “The Tipping Point,” and how it addresses social dynamics being like epidemics; and about how social events can be epidemics both in a negative and positive sense.  He stated if the Chairperson would like for him to give a speech and introduce the idea, he would be happy to; and each Commissioner can take a book they find interesting about how social dynamics work in the community beyond the Commission.  He noted if the Board does not understand the potential of the community to respond, it will never reach anything beyond reviewing technical reports. 

 

Chairperson Colon stated Commissioner Scarborough has a good idea; the Board always needs to be in a learning mode; and it is very positive and she will encourage it.

 

 

 

Commissioner Scarborough stated when the Board discussed the issue of Valkaria Airport and reporting to the FBI and Homeland Security, it was his understanding nothing had been reported that would be harmful to the individuals involved.  He read a portion of a letter as follows:  “Brevard County did not intend to identify environmental activities as targets for law enforcement investigation.”  Commissioner Scarborough stated that sentence raises the question that the County did not intend, but did in fact result in individuals being identified.

 

County Attorney Scott Knox stated no one was identified to the FBI or Homeland Security.

 

Commissioner Scarborough inquired if the County Attorney’s office could make some assurances to the individuals.

 

Chairperson Colon stated it is important the record is set straight.

 

 

 

Commissioner Nelson stated he would like to pull for discussion Items IV.A.8. and IV.A.17.

 

 

 

Kip Whitehurst, representing Allied Door and Hardware Company, stated he would like to request the ad valorem tax program for proposed expansion of Allied Door and Hardware Company’s headquarters.  He advised Allied Door and Hardware is a Florida-based corporation founded in 1977 in Cape Canaveral; it was started with one employee in a 1,100 square foot facility; and the company grew to a 26-person operation with corporate headquarters in Cocoa. He noted today, Allied Door and Hardware is a millwork distributor and wooden steel door frame manufacturer; and products include commercial steel wood doors, door  hardware,   residential hardware, residential doors and trim, and commercial and residential overhead doors.  He stated the company does a lot of work around Central Florida; commercial projects include schools, hospitals, jails, institutional, and industrial buildings throughout Florida.  He stated the company is not located in a large metropolitan area such as Jacksonville or Orlando; the business has enjoyed the benefit of being able to furnish projects in those areas of the state in order to grow the business; the company’s primary selling area is West Palm Beach to Jacksonville, and across to Tampa; in 1993 the firm moved from the Cape Canaveral facility to a new facility in Cocoa that consisted of 11,000 square feet; the firm stayed on course with the growth in the commercial market until 2001; and at that time a product line was launched and has been successful.  He stated in 2006, Allied Door launched a new product line manufacturing pre-hung wood doors; these products were previously outsourced; the decision to launch the line was to gain market share of residential builders’ business in Brevard County; and the anticipated business from new customers has created the need for the company to expand its operation and hire new employees.  He stated the company is contemplating a 25,000 to 30,000 square foot expansion that will nearly triple the size of the existing facility; the company will also increase its workforce from 26 full time employees to approximately 36 full time employees within a year of the business plan implementation; and he plans to have 47 full time employees within three years.  He stated the anticipated plan is to spend $2.3 million to build a new manufacturing and distribution facility half a million dollars in new production equipment; and another $133,000 in capital expenditures and delivery truck storage and material handling equipment.  He noted the business is regional and the facility can be located in other areas of Central Florida, but the business started in Brevard County and he would like to stay in Brevard County.  He stated the Ad Valorem Tax Abatement Program will be a great benefit to the company and its expansion efforts, by allowing the company to better leverage its capital to increase efficiency and rate of competitiveness; and it will enable the business to remain in Brevard.  He stated he expects the company to continue on a current growth curve with new purchased or leased facilities; and the current and future growth will continue to provide a positive and lasting impact on the Space Coast economy. 

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to adopt Resolution qualifying Allied Door and Hardware Company, Inc. as an eligible business under the County’s Tax Abatement Program and authorize a public hearing to consider adoption of an exemption ordinance.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to adopt Resolution approving Allied Door and Hardware Company, Inc. as a Qualified Targeted Industry business, and requesting the State waive the QTI local match requirement in lieu of the County’s tax exemption local match.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson stated Mr. Whitehurst is a good example of why the Tax Abatement is a good program; he met Mr. Whitehurst through soccer; and then professionally through buying doors. 

 

 

 

Commissioner Voltz stated she has a conflict with two workshops because she is on the CBC Board and it was decided at the last CBC meeting that the meetings are going to be held at 8:00 a.m.; she has a conflict with January 25, 2007 Healthcare Workshop; in the afternoon she has an Indian River Lagoon Workshop; and inquired if that workshop could be moved.  Commissioner Voltz inquired if the April 26, 2007 meeting could be moved to the afternoon.  She advised those dates are important meetings for the CBC and she does not want to miss them.

 

 

 

Commissioner Voltz advised her staff is working on bringing something forward to be implemented regarding the Senior Exemption that was passed in November.

 

 

 

Commissioner Voltz inquired if the County contracts with the Medical Examiner; with County Manager Peggy Busacca responding affirmatively.  Commissioner Voltz inquired why the Board does not have the Medical Examiner’s office as a County employee, rather than a contract employee; stated the previous Medical Examiner indicated he has no insurance, as he is a contract employee and on his own with no benefits; and she thinks it may be a little more difficult to keep somebody if they are not a County employee.  Assistant County Manager Don Lusk stated the County is currently in search of a new Medical Examiner; it is his understanding the applicant being considered has a desire to be a County employee; and he does not believe there is a reason the applicant cannot be a County employee.  He stated the County needs to adjust compensation accordingly; and he will get in touch with Commissioner Voltz regarding the situation.

 

 

 

Commissioner Voltz inquired if the Chairperson could move the Consent Agenda before the Reports; with Chairperson Colon responding she already asked that question and was told it would be best to leave it the way it is; and she would prefer getting everything out of the way, as moving cards is a little more difficult.  Commissioner Voltz inquired if the Board could contact Ms. Busacca ahead of time, and have her do all of the reports; and then the Board could pass the  Consent  Agenda  minus  whatever  items  Ms. Busacca  wants  pulled.  Chairperson Colon

stated that is why she would prefer the Board not do that; citizens also pull things from Consent; and it is very distracting to go back and forth. 

 

 

 

Commissioner Bolin stated she would like to thank everyone for education given to District 4 so far; she stated the briefings are exciting; staff comes and answers her questions; and staff gets back with her with information; and it is one of the greatest experience she has had as a new Commissioner.  She stated she wants the public to know that the staff is great.

 

 

 

Chairperson Colon advised Items IV.A.4. and IV.C.4. are deleted from the agenda; and Items

IV.A.8., IV.A.17., IV.A.13. and IV.C.1. will be pulled for discussion.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement between Brevard County (grantee) and the Florida Department of Environmental Protection (grantor) to reimburse the Tourist Development Council (TDC) funds spent on emergency beach and dune restoration projects following the 2004 hurricanes.  Motion carried and ordered unanimously. 

 

  

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Wetland Restoration Plan as submitted to the Natural Resources Management Office by Todd Baker of Dairy Road, Titusville, to resolve the Wetland Protection Violation regarding Action File NOV #06-4566.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant a sixth six-month extension for West Point Plaza, SP#01-02-002, with a new expiration date of April 7, 2007, in order to allow the applicant to continue wetland mitigation with St. Johns River Water Management District and the Army Corps of Engineers.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final engineering and preliminary plat approvals for Avalon Estates Subdivision, subject to minor engineering changes as applicable, and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Extension Agreement with Matt Werle for Louisiana Street Improvements, with a new expiration date of January 24, 2008, and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Tri-Party Escrow Agreement with FM Florida Land Company LLC, and Harbor Federal Savings Bank for guarantee of performance for right-of-way improvements for Willow Creek Subdivision; with developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

  

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve legislative intent and grant permission to advertise for revisions to Article VII and VIII of Chapter 62, for Subdivisions and Site Plan Developments; and authorize staff to administratively approve any waiver requests in accordance with Sections 62-2849 and 62-3207, Waivers and Appeals, in order to allow the applicant to address any design issues and code conflicts prior to expenditures for engineering designs.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Subdivision Infrastructure Contract with The Viera Company guaranteeing infrastructure improvements for Levanto Subdivision.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Subdivision Infrastructure Contract with The Viera Company guaranteeing infrastructure improvements in Cortona Subdivision.  Motion carried and ordered unanimously.  

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Subdivision Infrastructure Contract with The Viera Company guaranteeing infrastructure improvements in Daintree Subdivision.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan with William E. Brant for property located on the west side of N. Courtenay Parkway (S.R. 3) approximately .18 mile south of Hall Road.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan with Robert J. and Susan J. Godin for property located on the east side of U.S. 1 approximately .57 mile north of Coquina Road; also having frontage on both sides of Rockledge Drive, approximately .57 mile north of Coquina Road.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Binding Development Plan with W.C. Duke and R.E. Cornwell for property located on the south side of Dairy Road, approximately 250 feet east of Wakefield Terrace.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept the appraisal  for  the  Viera  High  School  site,  which  was  donated  by The Viera Company to the

Brevard County School District as required by the DRI Development Order; authorize staff to disburse the educational facilities impact fee credits to The Viera Company in accordance with the terms of the Educational Facilities Impact Fee Credit/Redemption Agreement adopted September 28, 2004; and authorize the Budget Office to implement any budget changes necessary to implement this disbursement.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute the Right-of-Way Use Agreement with The Viera Company for installation and maintenance of landscaping and irrigation improvements within the public right-of-way of Tavistock Drive, south of Solerno Boulevard.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to accept Temporary Construction Easement from Larry McGuire, David T. Menzel and Glenn L. Whitlock; grant waiver of Phase 1 Environmental Assessments, Deed and Plat Restrictions, and all Florida Power & Light, BellSouth, and Public Utility Easements which will be subordinated or relocated on a project-wide basis at a later date; and authorize Land Acquisition Office to order payment in the amount of $1,500.00 for the Easement and conduct the closing for the property which is needed for the Wickham Road Widening Project between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.  

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase and Addendum to Contract for Sale and Purchase with Benjamin E. and Joan C. Cercle; grant waiver of Phase 1 Environmental Assessments, Deed and Plat Restrictions, and all Florida Power & Light, BellSouth, and Public Utility Easements which will be subordinated  or  relocated on a  project-wide  basis  at  a later date, for property needed for the

Wickham Road Widening Project between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase and Addendum to Contract for Sale and Purchase with Country Day for Children, Inc.; grant waiver of Phase 1 Environmental Assessments, Deed and Plat Restrictions, and all Florida Power & Light, BellSouth, and Public Utility Easements which will be subordinated or relocated on a project-wide basis at a later date, for property needed for the Wickham Road Widening Project between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution objecting to the Florida Department of Transportation’s (FDOT) proposed delays in the construction of the Palm Bay Road Widening Project.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution objecting to the Florida Department of Transportation’s (FDOT) proposed delays in the construction of the Apollo Boulevard Extension.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Certification  of  Staff  Services  Agreement with the Brevard Metropolitan Planning Organization

extending the Agreement through December 31, 2007.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the recommendation of the Affordable Housing Council; execute Agreement with Community Housing Initiative, Inc. for administration of the County’s First Time Homebuyer Program; and authorize the County Manager to sign all amendments to the Agreement, contingent upon the approval of Risk Management and the County Attorney’s Office.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve naming the tee ball field in the southeast corner at McLarty Park, “Richard Chapman Field.”  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with Attorney Clifford R. Repperger, Jr. to represent the Brevard County Contractors’ Licensing Board for January 10, 2007 through January 9, 2008 at a compensation of $125.00 per hour; and allow the County Manager or designee to approve any future renewals.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the FY 2006-2007 advertising media plan; authorize Rob Varley, Executive Director, Tourism Development Office and the County Manager or her designee to negotiate advertising rates and execute Agreements with the vendors; and approve Purchase Orders to advertising vendors for ad placement costs over $35,000.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve a proposal from Symetra Financial to renew stop loss coverage for the Group Health Program; and authorize the Insurance Director to execute all documents necessary to bind the coverage. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the Office of Human Resources/Employee Benefits to initiate a Special Benefits Enrollment period for the purpose of allowing current Blue Cross Blue Shield of Florida members to move their coverage to Cigna Health Care.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize up to $35,000 of State Forfeiture Funds and the necessary budget actions, to place Crime Prevention/Sheriff’s services kiosks in various public locations.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to acknowledge receipt of Brevard County Housing Finance Authority financial reports for the fiscal year ended September 30, 2006.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the write-off of various uncollectible receivables identified by Board Departments totaling $128,084.85.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Peri Campbell and Lucille Howard to the Brevard County Commission on Status of Women, with terms expiring December 31, 2007; Matthew Bronson to Citizen Budget Review Committee, with term expiring December 31, 2007; Pamela Grove and Antonio Rovira to the Community Action Board, with terms expiring December 31, 2007; Linda Gaffey to the Country Acres Advisory Board, with term expiring December 31, 2007; Susan Yonce and Al Yorston to the Employee Benefits Advisory Committee, with terms expiring December 31, 2007; Ralph Coig and Amy Tidd to the Environmentally Endangered Lands Procedure Committee, with terms expiring December 31, 2007; Grayling “Shawn” Harris to the North Brevard Commission on Parks and Recreation, with term expiring December 31, 2007; Guilermo Capote, Sr. and Kevin Walsh to the Parks and Recreation South Service Sector Advisory Board, with terms expiring December 31, 2007; Aneta Ott to the Planning and Zoning Board, with term expiring December 31, 2007;  Walt Johnson  to the Tourist Development Council, with term expiring December 31, 2007; and Mary Hillberg to the Zoning Board of Adjustment, with term expiring December 31, 2007.  Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reappoint Paula Jaruse, Clara Mutter, and Denise Van Cleef, DVM to the Animal Enforcement Dangerous Dog Hearing Council, with terms expiring December 31, 2007; Bobbie McMillan to Art in Public Places Advisory Board with term expiring December 31, 2007; Karen Dove, Beverly Jones, and Sarah Maricle to the Brevard County Commission on Status of Women, with terms expiring December 31, 2007; Anita Cragg, R.J. Durham, and Ed Fleis, to the Building and Construction Advisory Committee, with terms expiring December 31, 2007; Rufus Kite-Powell, and Pat Shearer to the Central Brevard Library and Reference Center Advisory Board, with terms expiring December 31, 2007; Roy Wariner to the Citizen Budget Review Committee, with term expiring December 31, 2007; Clara Smith to the Community Action Board, with term expiring December 31, 2007; Reverend Edward Buckner to the Community Development Block Grant Advisory Board, with term expiring December 31, 2007; Charles Boudreaux, Pete Cario, Bud Crisafulli, Roger Draybyk, John Nast, Ann Nicol, John Radencic, and Todd Turner, to the Contractors Licensing Board, with terms expiring December 31, 2007; Albino Campanini and Ronald Cobb, to the Economic Development Commission of Space Coast, with terms expiring December 31, 2007; Mark Nathan, Eve Owens, Beverly Pineyard, and Paul Saia, to the EELs Program Recreation  and Education Advisory Committee, with terms expiring December 31, 2007; Jan Conrad to the Employee Benefits Advisory Committee, with term expiring December 31, 2007; Sharon Savastio to the Environmentally Endangered Lands Procedure Committee, with term expiring December 31, 2007; Bud Crisafulli to the Extension Advisory Council, with term expiring December 31, 2007; Anne Frame, Douglas Hendriksen, Michael Newquist, Ada Parrish, Helen Stubbs, Bob Swenson, Ed Vosatka, and Vera Zimmerman, to the Historical Commission, with terms expiring December 31, 2007; Milo Zonka to the Investment Committee, with term expiring December 31, 2007; Vaughn Holeman to the Landscaping, Land Clearing, and Tree Protection Task Force, with term expiring December 31, 2007; Lee Craig to the Library Board, with term expiring December 31, 2007; Mike Cunningham, Gary Hanlin, Doug Jaren, Albert Pappas, and George Reynolds, to the Marine Advisory Council, with terms expiring December 31, 2007;  Chris Fenton and Gina Nater to the Medical Services Review Committee, with terms expiring December 31, 2007; Ann Sepri to the Melbourne Beach Public Library Advisory Board, with term expiring December 31, 2007; John Anderson, Clarence Mills, and Ayn Samuelson, to the Metropolitan Planning Organization Citizens Advisory Committee, with terms expiring December 31, 2007; Jerry Jagrowski, Mary Ann Kise-Bowman, and Jim Rosasco to the Parks and Recreation South Service Advisory Committee, with terms expiring December 31, 2007; Susan Stehman and M. Bonnie Will, to the Personnel Council, with terms expiring December 31, 2007; Eddie Carr, Francis Fletcher,  Jerry Jagrowski,  Ron McLellan, Henry Minneboo,  and Paul Saia, to  the

Planning and Zoning Board, with terms expiring December 31, 2007; Lou Howard, Ginny Mack, and Clarence Mills, to the Public Golf Advisory Board, with terms expiring December 31, 2007; Curtis Byrd and Amy Tidd to the Recycling Citizen Advisory Committee, with terms expiring December 31, 2007; Lillian Richard and Loretta Surface, to the South Mainland Library Advisory Board, with terms expiring December 31, 2007; Bob Ball, Mary Ann Beasley, Scott Hubel, Gerald Jagrowski, Judy John, R.L. Jones, Mark Leslie, John Lewis, Mike Malone, Charles Manning, Audrey Nassen, Wayne Price, E. Harrison Rhame, Herb Richter, and Nancy Seawell, to the Suntree-Viera Parks Committee, with terms expiring December 31, 2007; June Baker, James Gould, Rochelle Kenyon, Terry Kotzen, Dot Lawless-Davis, and Donald Mandery, to the Suntree-Viera Public Library Advisory Board, with terms expiring December 31, 2007; Randy O’Brien to the Tourist Development Council, with term expiring December 31, 2007; Robert Griffin, Andy Pedersen, William Sawyer, and Milo Zonka, to the Valkaria Airport Advisory Board, with terms expiring December 31, 2007; Frank Kunze and Mel Mueller, to the Veterans Memorial Park Advisory Board, with terms expiring December 31, 2007; Richard Butler, Ben Elliott, John Corelli, R.L. Jones, Karen Kilianck, Eleanor Munton, and Ollie Olsen, to the Wickham Park Advisory Committee, with terms expiring December 31, 2007; and Sally Busker, Michael Corcoran, and Homer Long, to the Zoning Board of Adjustment, with terms expiring December 31, 2007.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Bills and Budget Changes.  Motion carried and ordered unanimously.  

 

 

Roland Carlson commented on a complaint by the Port Authority regarding BU-2 zoned property he is leasing; stated he is not endangering anybody’s health, safety, or welfare; and he is storing and parking on the property because he cannot park what he has on residential property. He requested a continuance of two months to get his belongings off of the property.  The Board took no formal action on Mr. Carlson’s request.  

 

 

 

Bea Polk stated in 2000 voters approved a referendum, and she would like to know when something will be done with Marina Park.  She commented on the waste of taxpayers money and time; fighting for Marina Park for 20 years; being tired of the City of Titusville running Marina Park; Little League being dissolved in the park; and that most taxpayers would agree that if there is referendum money, it should be recreation and not business.  She stated Marina Park will be lost if it is turned into business.

Joan Wheeler stated she was disappointed to hear what is going to happen to Marina Park; the City of Titusville should spend its money to see if it wants to expand the Marina into Marina Park; and inquired if the Board gave the City of Titusville $50,000 for a parking lot.  She stated she would like to see the County staff report; a park that belongs to the people is being decided on by a redevelopment agency; and now it is going to go in front of the City Council and that is a step in the right direction since the park is owned by everybody and not just the CRA. 

 

Chairperson Colon stated it is Board policy to listen to all of the speakers, and then the Board will make its comments.

 

Commissioner Scarborough stated the Little League organization is not within the jurisdiction of the County Commission; whether or not there is a Little League in the City of Titusville is a decision that is the prerogative of Titusville Little League and also the National Organization; there are two other leagues in the south part of town and one in the north part of town; and if the league in the center of town goes away, the other two would go away as well.  He stated there is a dedicated source of funds through the referendum to build little league fields; the MSTU is collected in both the incorporated and unincorporated areas; however, it is deposited with the Parks and Recreation and therefore if the City were to use any MSTU collected within that jurisdiction they have to get it through the County.  He noted with the extension of the additional bonding, there will be approximately $50 million to finish the projects; and it is his belief that one cannot use it for any other purposes except ballfields, since that is how the referendum read.  He stated the purpose of the feasibility study was to determine a marketing economic study on if additional slips could be viable; whether or not that is something the City wants to pursue or not, it is up to the City; and the idea was not to redesign the park. 

 

Commissioner Voltz inquired if Ed Lyon was aware of Mr. Carlson’s situation; with Mr. Lyon responding he has not had an opportunity to review the file.  He stated it is an on-going Code Enforcement case, but he has not been able to review the file to see what the dates are, or when Mr. Carlson is scheduled for the Magistrate; and staff has the ability to give additional time, but he is not certain if that has been done yet.

 

Chairperson Colon stated when there is a Code Enforcement issue, the Board takes no action because there are two sides to the story; therefore the Board is careful in not taking any action when it happens. 

 

 

 

Shawn Harris, East Mims Civic League, stated his group has been working with Gen Development for two or three years; and Gen Development has been extremely generous, but they have had to work at it.   He  advised  when the item  originally  came up, there was an error

and the wrong site plan was submitted, but then he was told by Commissioner Voltz that the correct one has been submitted; and he had questions after reviewing the site plan and told Commissioner Scarborough he would meet with the Genoni’s to discuss the site plan, but as of today, he has not been able to do that. He stated on the site plan, one of the big issues is the relocating of Old Dixie; that vacating cannot be implemented until the site plan is approved; and in the process of working on an agreement to relocating the road, he asked for specific items.  He stated his purpose today is to try to ensure those items are binding and implemented, even if the developer decides to sell.  He stated one of the main concerns was that once the road was moved to the east, the residents living in the existing project area would have access to it; the reason for moving the road is that it would be too dangerous because of being so close to U.S. 1.;  and  he  wants  to   make  sure  that  is  in  the  site  plan.   He  noted another concern is the

sidewalks along Wiley Road; three or four years ago, along U.S. 1. a sidewalk was completed up to Wiley Road, which is the corridor from Mims Elementary; now when the kids get to Wiley Road, there is no sidewalk; and he wants the developer to put in a sidewalk and landscaping along the roadway for the safety of the children from Mims Elementary School.  He stated another concern is the issue of affordable housing; the developer has set aside five lots they will make available for affordable housing; and he is very appreciative of that, but that was in a separate agreement the developer had with the Civic League.  He stated there is some language he would like to discuss with the developer; in the Neighborhood Action Plan, he identified a building that was an eyesore; the developer agreed to purchase it for the community to be used for economic development; and he greatly appreciates that.  He advised there is some wording that needs to be worked out; and he thinks it could have been worked out had he been able to meet with the developer earlier.  He stated he would like to get the concerns ironed out so when he goes back to his community he can tell them what has been agreed to; and he does not want the project approved without the assurances being met.

 

Chairperson Colon inquired if this is the first time the developer is hearing the requests; with Mr. Harris responding he spoke to Chad Genoni before the holidays and the issues were discussed, but there was not an agreement; and they agreed to have a meeting, but Mr. Genoni cancelled the meeting before Christmas, and he has not gotten any return calls since then. 

 

Attorney David Dwyer advised what Mr. Harris stated was accurate and inaccurate insofar as the other document; someone had gotten a hold of a document that was for soil boring tests and analysis, and it was treated as a site plan; it showed an additional five lots; and the lots were never supposed to be there as they were never on the site plan they are seeking approval of today.  He stated that confusion resulted in the item being pulled from the December 12, 2006 Agenda; it has now been sorted out and the site plan is in the appropriate form; those five lots do not appear on the site plan; and the site plan meets all of the County requirements, and staff recommends approval.  He stated there is a written agreement between his client and the East Mims Civic League that details certain obligations of his client and also obligations of the East Mims  Civic League, which under contractual obligation has agreed to support the project in no uncertain terms.  He noted his client has a written agreement with the East Mims Civic League in which the League agreed to support the project. 

 

Commissioner Scarborough inquired which elements of the project the League is in disagreement on. 

 

John Genoni stated from what he heard of Mr. Harris’ comments, there is no disagreement regarding sidewalks or the driveway; and he believes they are all in the final engineering plan.  Commissioner Scarborough inquired if Mr. Genoni is committing to everything Mr. Harris mentioned; with Mr. Genoni responding affirmatively.  Mr. Genoni stated his company spent $50,000 in purchasing the additional property for the East Mims Group; and he has submitted the agreement to the County, and is not trying to get out of it.

 

Commissioner Scarborough inquired if there are no other issues to discuss; with Mr. Genoni responding  he  does  not  know  of any further issues.  Commissioner Scarborough stated there

appears to be issues beyond the site plans; and inquired if there is anything beyond the site plan the Board needs to do to make it legally binding; with County Attorney Knox responding if the Board approves the item with certain conditions, those conditions are attached; and he does not think the applicant has to record them necessarily.  Commissioner Scarborough advised the Board just needs to make the concerns a part of the record. 

 

Commissioner Nelson stated the road Mr. Harris requested, related to the existing project, exists; he does not see that road on one of the plans; with Mr. Genoni responding the road is part of the final engineering plan; it was a requirement the County set forth; and the driveway could not continue in its present location on Wiley Road.  Commissioner Nelson stated the plan he has in front of him does not show that road.  Permitting and Enforcement Director Ed Lyon stated the road is on the final engineering plan.  Commissioner Nelson stated there are two plans; one is a landscape architect plan and the other is the preliminary plat and construction plan; and he assumes the Board is approving the preliminary plat and construction plan; with Mr. Genoni responding affirmatively.  Commissioner Nelson noted the preliminary plat and construction plan does not show the road, but the architectural plan does show the road.  Mr. Lyon stated the drawing he just gave the Board was taken from the file; and the smaller version of the plan is difficult to read and may not have all of the detail on it, but it is the plan that has been approved by all staff members.  Commissioner Nelson stated if what Mr. Lyon passed out becomes part of the record, and it is part of the plan, then that is good, but that is not consistent.

 

Commissioner Scarborough inquired how the motion should be stated; with Attorney Knox responding the Board would move approval of the plan subject to whatever conditions it wants to impose; whether if it is a representation that the road is going to be built, or anything else the Board wants.  Commissioner Scarborough inquired if Mr. Lyon understood what was approved and if he would state it for the record; with Mr. Lyon responding the original road that is closest to U.S.1. will be removed and there will be internal access to the realignment of Old Dixie Highway; and sidewalks along Wiley Avenue will be constructed.

 

County Manager Peggy Busacca stated the agreement is between two parties, not Brevard County; and inquired if the County wants to get into the case of including that with the approval and thus enforcing an agreement it is not a party to; with Attorney Knox stating if there is a representation that this is something that is going to happen, that is a condition that needs to be

in the approval in order to make the project work.  Commissioner Scarborough stated he would move the item that way.

 

Ms. Busacca inquired if the Board should get a copy of the agreement and include it; and inquired how the Board knows what it is enforcing if it does not have a copy of the agreement.  Mr. Dwyer stated his client has agreed to install public sidewalks along the north side of Wiley Road, from U.S.1. to Hickory Avenue; and on the west side of Hickory Avenue, from Wiley Road to the end of the property.  He stated his client would agree to that as a condition of the preliminary site plan.  Ms. Busacca stated she heard Mr. Harris say he is concerned about the sidewalks on U.S.1., not on Wiley Road.

 

Mr. Harris stated his group has been successful at getting a sidewalk on U.S.1.; and now he is asking Mr. Genoni to put the sidewalk on Wiley Road; with Commissioner Scarborough stating that has been taken care of with that language.  Mr. Harris stated he has some problems with the language in the agreement and that is why he wanted to iron those out with Mr. Genoni before they came before the Board; and he feels the sidewalk should be an agreement with the County and not the Mims Civic League.  He stated his group could not ask for affordable housing to be included in the BDP, because the developer already had it approved, then requested the vacating later; there is nothing binding if the developer flips the property; and his concern is if the developer sells the property, whoever buys it should still have to put in the sidewalks.  Commissioner Scarborough stated that is how the Board is going to approve it; the Board has moved beyond the BDP and now the site plan will have the conditions for approval; and inquired if the Board has its bases covered; with Attorney Knox responding yes, as long as the two conditions are imposed as part of the approval.

 

Mr. Harris stated there are also questions about the sewer and that is why he wants to talk to Mr. Genoni; he does not have a problem with the Board approving the site plan today, but he would like the agreement to be a part of it; and his intent is not to delay the site plan.

 

Chairperson Colon stated the Board does not have to approve this right now; and stated Mr. Genoni and Mr. Harris can take time out today and discuss some things and come back to the Board with an agreement.

 

The Board recessed at 11:14 a.m. and reconvened at 11:26 a.m.

 

 

Chairperson Colon called for the public hearing to consider Resolution vacating right-of-way in Merritt City Subdivision – Merritt Island Trust (Ric Griffis).

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution vacating right-of-way in Merritt City Subdivision – Merritt Island Trust (Ric Griffis).  Motion carried and ordered unanimously.  

 

 

Chairperson Colon called for the public hearing to consider Resolution vacating right-of-way known as Bobbie Lane in Florida Indian River Land Company – Michael Lornitis, Frank B. Brown and James McGee.

 

Transportation Engineering Director John Denninghoff advised the item has been withdrawn by the petitioner and they are requesting a refund.  Commissioner Voltz inquired how much the petitioner wants refunded; with Mr. Denninghoff responding $640.00.  Commissioner Voltz inquired why the petitioner is withdrawing the application; with Mr. Denninghoff responding this item had issues as it is inside the town limits of Grant-Valkaria; there was a question as to whether or not the County should or should not take action on it; and now there is a question as to the deed.  Commissioner Voltz recommended staff refund the petitioners $640.00.  Chairperson Colon inquired how much staff time has been invested into the item; and stated if a petitioner has a feeling their item may not be positive, then the Board will have a lot of people asking for their money back.

 

Commissioner Scarborough stated in the case of this item, the County lost jurisdiction. Chairperson Colon stated she agrees; she wants to make sure the Board discusses these things; and this item is unique because of the fact that the property is no longer under the Board’s jurisdiction.

 

There being no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to withdraw Resolution vacating right-of-way known as Bobbie Lane in Florida Indian River Land Company from the Agenda as requested by Michael Lornitis, Frank Brown and James McGee; and approve a refund in the amount of $640.00 to the petitioners for the processing, advertising, and recording costs associated with the vacating.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida acting as the Governing Body of the North Brevard Recreation Special District, supplementing and amending Resolution No. 2001-213 of the County, authorizing the issuance of not exceeding $12,000,000 North Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2007 of the District for the purpose of completing the acquisition and construction of certain Parks and Recreation projects within the North Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2007; authorizing the Chair of the Board of County Commissioners and the Clerk or Deputy Clerk of the County on behalf of the District to award the sale of such Bonds based on bids submitted at public sale and approving the conditions and criteria of such sale, specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds; approving the forms of a draft notice of sale, summary notice of sale and Preliminary Official Statement; authorizing the circulation of a Preliminary Official Statement; authorizing the circulation of a Preliminary Official Statement; authorizing the Chair of the Board of County Commissioners on behalf of the District to deem final the Preliminary Official Statement for purposes of Securities and Exchange Commission Rule 15C2-12, and authorizing the execution and delivery of a Final Official Statement; approving the form of and authorizing the execution and delivery of a continuing disclosure undertaking; designating the registrar and paying agent for said Bonds; providing certain covenants for the benefit of the Bondholders and Bond Insurer as an inducement to issue a Municipal Bond Insurance Policy with respect to the Bonds; providing for the rights o the holders of said Bonds, providing for the rights of the holders of said Bonds; providing for an effective date for this Resolution; and providing certain other details with respect thereto.   Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, acting as the Governing Body of the Merritt Island Florida Recreation Municipal Service Taxing Unit, supplementing and amending Resolution No. 2001-214 of the County, authorizing the issuance of not exceeding $13,410,000 Limited Ad Valorem Tax Bonds (Merritt Island Recreation Municipal Service Taxing Unit Parks and Recreation Program), Series 2007 of the MSTU for the purpose of completing the acquisition and construction of certain Parks and Recreation Projects within the Merritt Island Recreation Municipal Service Taxing Unit; authorizing the Chair of the Board of County Commissioners and the Clerk or Deputy Clerk of the County to award the sale of such Bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds; approving the forms of a Draft Notice of Sale, Summary Notice of Sale and Preliminary Official Statement; authorizing the circulation of a Preliminary Official Statement; authorizing the Chair of the Board of County Commissioners to deem final the Preliminary Official Statement for purposes of Securities and Exchange Commission Rule 15C-12, and authorizing the execution and delivery of a Final Official Statement; approving the form of and authorizing the execution and delivery of a continuing disclosure undertaking; designating the Registrar and Paying Agent for said Bonds; providing certain covenants for the benefit of the Bondholders and Bond Insurer as an inducement to issue a Municipal  Bond  Insurance  Policy  with respect  to the Bonds; providing for the rights of

the holders of said Bonds, providing for an effective date for this Resolution, and providing certain other details with respect thereto.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt a Resolution of the Board of County Commissioners of Brevard County, Florida, acting as the Governing Body of the South Brevard Recreation Special District, supplementing and amending Resolution No. 2001-21 of the County, authorizing the issuance of not exceeding $60,270,000 South Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2007 of the District for the purpose of completing the acquisition and construction of certain Parks and Recreation Projects within the South Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2007; authorizing the Chair of the Board of County Commissioners and the Clerk or Deputy Clerk of the County on behalf of the District to award the sale of such Bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such Bonds; approving the forms of a Draft Notice of Sale, Summary Notice of Sale and Preliminary Official Statement; authorizing the circulation of a Preliminary Official Statement; authorizing the Chair of the Board of County Commissioners on behalf of the District to deem final the Preliminary Official Statement for purposes of Securities and Exchange Commission Rule 15C-12, and authorizing the execution and delivery of a Final Official Statement; approving the form and authorizing the execution and delivery of a continuing disclosure undertaking; designating the Registrar and Paying Agent for said Bonds providing certain covenants for the benefit of the bondholders and bond insurer as an inducement to issue a municipal Bond Insurance Policy with respect to the Bonds; providing for the rights of the holders of said Bonds; providing for an effective date for this Resolution; and providing certain other details with respect thereto.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution, execute Lease Agreement with FDOH, and Waiver of Restrictive Covenant with Viera Development Corporation for the Children’s Medical Services Building to be constructed behind the 11-acre Brevard County Health Department building on Judge Fran Jamieson Way in Viera.  Motion carried and ordered unanimously.  

County Attorney Scott Knox advised that the written findings will be presented to the Board on January 18, 2007. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to waive restrictions related to the maximum flag pole height of 32 feet, flag size of not more than 25 percent of the total height of the flag pole, and only one flag per pole under Section 62-3316(g) of the Code.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve legislative intent and grant permission to advertise Amendments to Chapter 62, Article XII, entitled the Coastal Setback and Control Lines.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Assignment of Option for Sale and Purchase of the Munich Property; authorize the Chairperson to sign the Assignment of Option for Sale and Purchase; and authorize staff to exercise the Option for Sale and Purchase on or before February 1, 2007.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission for the Sheriff’s Department to apply for and accept a grant application of $88,889 from the U.S. Department of Justice for the FY 2007 Gang Resistance Education and Training (GREAT) Program.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to formally approve and ratify the Settlement Agreement between Brevard County and Eller Brothers Investments, LLC and MWI Corporation brought to the Board’s attention on December 12, 2006 in executive session; and approve a temporary loan from Risk Management Reserves for the $2.3 million, with the funds due prior to receipt of the new referendum dollars.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to advertise and schedule Executive Session for January 23, 2007, at 11:30 a.m. or as soon thereafter as possible to discuss strategy related to litigation regarding the Collage Design and Construction Group, Inc. v. Brevard County case.  Motion carried and ordered unanimously.

 

 

 

County Manager Peggy Busacca stated this item is being brought back to the Board on the Board’s request; staff was asked to develop some policies the Board can consider as far as the deadline for formal site plan approval; staff believes the six-month deadline is too short; and a longer deadline should be given, such as one-year or perhaps longer.  She advised 96 percent of the site plans are approved within an 18-month period; there is also a question on whether that should allow for a waiver; option one does not allow a waiver, however, the Board could direct staff to move forward with some criteria for waivers, or ask for the waivers to come back; and the option preferable to staff is option one, which is to amend the Code to give people the opportunity to make input into this, rather than modifying the current policy.

 

Commissioner Nelson stated he likes option one, but he would like to add a six-month administrative extension, allowing the 18-months it typically takes to get the site plans approved; and there would be one-year, with an extension of six months.

 

Commissioner Voltz stated the second part of option one includes a provision that does not allow an applicant to seek a waiver for extension; the Board is not looking at a large number of potentials coming back for a waiver of an extension after the 18-month period; many times a site plan approval depends on St. Johns River Water Management District, the Army Corp. of Engineers and other things the applicant nor the Board have control over; and she would like to see that any waiver beyond the 18 months come back to the Board.  She advised she would like to eliminate the second part of option one and add that any waivers come back before the Board.

 

Ms. Busacca stated what she understands from the Board is that rather than the current six months, it would be extended to a one-year deadline with a six-month administrative waiver by staff and any additional time to come to the Board after that.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve Option 1, to direct staff to amend Section 62-3205 of the Code to remove the six-month deadline to get a Formal Site Plan approved, and replace it with a one-year deadline, with one six-month deadline administrative extension; and direct that any waiver beyond the 18 months come back before the Board.  Motion carried and ordered unanimously.

Maureen Rupe thanked the Board for considering the plight of the gopher tortoises; stated the new management plan will be out for public comment in February; and it may be June, or later, when the new rules will come into play.  She noted the County does not have to wait for new rules to stop incidental take, and establish relocation policies; 17 counties are already in the process, with four counties almost complete; and Lee County demonstrated it is cheaper for them to relocate than to entomb.  She stated she was pleasantly surprised at the BCAC; and it seems like she is getting along well with the developers and builders.  She commented Phase One is excellent with the public forums and getting incentives; Phase Two is to survey County lands and she would like that to also include private land; and she also agrees with Phases Three, Four and Five.  She stated the cost of relocation is much less than incidental take; she asked the Board to move forward with all phases of funding.

 

Maureen Parent stated she supports the request and she would like the Board to move all phases forward.

 

Natural Resources Management Director Ernie Brown stated in the preliminary discussions staff had with certain key stakeholders, they are discovering more and more that the interest to relocate is overwhelming; and staff has not talked to anyone in the development community who did not like the idea of relocation over entombment.  He stated phasing allows for public discourse discussions with the regulatory agencies at the State level; and allows staff to move forward.

 

Chairperson Colon stated it is important that people who are going to be effected by this are a part of the process; and she would appreciate meetings taking place in Mr. Brown’s office by everyone who would be affected, including the building community and citizens such as Ms. Rupe and Ms. Parent.  She stated this is a very important issue that can be a win-win if handled correctly.

 

Commissioner Voltz stated she met with Mr. Brown and he suggested that for FY 06/07 the Board go with Phases 1, 4 and 5; with Mr. Brown responding that is correct; it is linked to financial resources; in the short-term, with limited resources, Phases 1, 4 and 5 are something that can be moved forward readily; and Phase 2 is surveying of County lands.  He stated EEL’s is looking at Phase 2  carefully  and has a strong compatibility with it and they would like to move forward surveying their lands as it relates to their management plans for those lands; and he does not have a timeline on that.  He advised money will be needed to survey lands, whether absorbed as individual agencies, or the Board deems it appropriate to dedicate funds for that; it may be a discussion for another day; and he thinks it needs to be explored internally and get a handle on the pricing.

 

Commissioner Voltz stated the Board needs to deal with the EELs and its management plan, and how it can potentially do this very thing.  She stated Option 2 is to move forward with select phases or portions thereof, and appropriate funding as needed; and the funding looks to be $5,500.00; and the Board does not know what Phase 5 is going to cost.  She inquired if it is within the realm of the Natural Resources budget, or is it something the Commission needs to come up with; with Mr. Brown responding he can look at his budget more closely; there may be some balance forward issues that can be drawn on to bring that forward, but if it cannot be done

within the existing management budget, he would bring it back to the Board.  He stated changing the policy is something Natural Resources needs to do, and that is part of normal operations; and the public forums and the education components may have an expense associated with it that he does not foresee at this time.

 

Commissioner Voltz stated the FLORIDA TODAY does a good job at public forums; and she wonders if the Board can partner with the FLORIDA TODAY and if it can do some of the public forums, as it is a community-wide issue.  Mr. Brown noted the partnership is key to that, and finding external profit and non-profit organizations that can facilitate that.  Chairperson Colon made reference to making sure everyone is involved; and stated the discussions should be outside government, with the people who have vested interests and future interests as related to developments. 

 

Commissioner Voltz inquired if Mr. Brown is suggesting Phases 1, 4 and 5 right now; with Mr. Brown responding affirmatively. 

 

Commissioner Nelson stated his fear with moving Phases 1, 4 and 5 is that the location has not been identified.  He noted it would not be inappropriate for EELs to look at that issue within its revenue stream with the possibility of recapturing the expense of identifying the sites; he would perceive it as more or less a loan; it is not inconsistent with the mission of EELs to find out what the capacity is; sites could then be identified where relocating could occur and then repay EELs from the monies received after identifying the appropriate relocations; and that way the program can move forward.

 

Commissioner Voltz stated since no one from the EELs program is present, the Board should wait to hear from them before it moves forward with the other phases; and if EELs is already in the process of doing this with its management plan, then everyone needs to work cooperatively.

 

Mr. Brown stated Natural Resources does not want to get too far ahead of developing the process without knowing what its carrying capacity is; and there may be a wonderful process, but nowhere to relocate.  He stated the other issue in addition to EELs is the private lands; the private  lands  available  is part of the public discussion; and government should not bear the burden of doing those surveys to determine carrying capacity on private lands, but once the market is there, large land owners may do that themselves with the anticipation of reimbursement through the process.

 

Mike Knight, EELs Program Manager, stated the Selection Management Committee is developing a procedure to recommend to the Board for relocation of species.  He stated EELs is supportive, if the space is there; and when doing surveys it is critical to think about the biological diversity issue on the site, so the County is not becoming a monoculture of one particular species. 

 

Commissioner Voltz inquired if EELs has the funding to do this; stated she does not want to stress the EELs budget and then have to rearrange something from someplace else; and when talking about surveying County lands, the majority of County lands is EELs property; with Mr. Knight responding EELs has funding available to do surveys as needed on the sites; and it would be appropriate for EELs to do that. 

 

Commissioner Nelson stated the intent in the long run is to have a program that is self-sustaining so it is not intended to harm the EELs budget in the long run; and it is intended to create a mechanism where it can be reimbursed and the program is beneficial.

 

Commissioner Scarborough stated the Board can move ahead with the idea that Mr. Knight can report back to the Board as it evolves.  Commissioner Voltz stated she has no problem in doing that now that Mr. Knight is present.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the proposed Phased Action Plan regarding the relocation of Gopher Tortoises within Brevard County; authorize staff to implement the Phases as funding permits; and direct Environmentally Endangered Lands Manager Mike Knight to report back to the Board concerning EELs funding as the Plan evolves.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated the agenda report states 93 percent of the residents on Scotland Street indicated their approval for speed hump installation; the County asked the residents if they want to pay for the speed hump; and she cannot imagine anyone saying yes.  She stated she does not think the County needs to ask the residents if they want to pay; and the Board needs to make a decision on whether it pays or it does not, but do not ask the citizens. 

 

Commissioner Scarborough stated it is not the busiest street, but it met all of the criteria with 93 percent of the residents in favor.

 

Commissioner Voltz stated she does not have a problem with installing the speed humps, but the Board cannot ask the citizens if they want to pay for them.

 

Chairperson Colon stated the Board can make sure it is part of the policy that the County does not ask citizens to pay for speed humps.

 

Transportation Engineering Director John Denninghoff stated he cannot recall if that was placed in the policy that staff reworked approximately a year ago; if it is, staff can remove it; and if it was on Board direction, then staff can just stop doing it.  He stated if it is in the policy, he will modify the policy as soon as possible.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve request for the installation of a speed hump on Scotland Street in Port St. John; and direct staff to review the Policy concerning speed humps to ensure it does not include staff asking the property owners/residents if they are willing to fund speed hump installations.

 

 

 

Attorney Dwyer stated his client and Mr. Harris reached an agreement; under the agreement, the East Mims Civic League and Mr. Harris agreed to support the project; as previously referenced to the Board, there is an agreement between the Civic League and the developer; and they have agreed to a couple of changes to the agreement, which will be made as conditions of approval of the site plan.  He advised the changes would be that the developer acknowledges they are going to be building the access road and the sidewalk along Wiley Road, as previously stated to the Board; as a condition of the approval of the site plan, his client will be conveying five lots within the subdivision to the East Mims Civic League at a price of $15,000 per lot; and those lots will be conveyed by his client to any 501C3 non-profit organization designated by the Civic League.  He stated the purpose of the five lots is to build affordable housing in that area; and Mr. Harris wanted it on the record that that is the purpose of the lots.

 

John Genoni stated the lots are located on the southeast corner of the property line and border on Hickory Avenue. 

 

Shawn Harris stated he agrees with the conditions of approval of the site plan.  Chairperson Colon stated she is concerned to find out who will qualify for the affordable housing and who determines who lives in those homes.

                       

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final engineering and preliminary plat approvals for Hamlin Grove Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all other necessary jurisdictional permits; developer building the access road and sidewalk along Wiley Road, and conveying five lots within the Subdivision, located in the southeast corner and bordering on Hickory Avenue, (also referred to as Mims Village on the site plan), to the East Mims Civic League at a price of $15,000 per lot; and such lots being conveyed by the developer to any 501C3 non-profit organization designated by the East Mims Civic League, with the purpose of five lots being to build affordable housing in the area.  Motion carried and ordered unanimously.

F. Matthew Kendall stated he applied for a permit to put a seawall behind his house to protect it from eroding; he was denied the permit; he applied for an appeal in February, 2006 which somehow got lost on someone’s desk while they were on maternity leave; and after three months of calling everyone in the Natural Resources Management Department he was under the assumption that all of the appeal process went through Natural Resources Management Department, so he built the seawall.  He stated when the woman came back from maternity leave she phoned him asking if he wanted to continue, because she just found it on her desk; he told her he already built the seawall; and the woman continued the appeal, which is why he is in front of the Board today.

 

Chairperson Colon inquired if Mr. Kendall built the seawall without a permit; with Mr. Kendall responding affirmatively. 

 

Natural Resources Management Director Ernie Brown stated Mr. Kendall applied for a surface water protection permit in February, 2006 at which time placement of it was not a permittable location; Mr. Kendall would have been able to build the seawall under the current Code and Comprehensive Plan, at the waterline, which is approximately 15 feet closer to his property line; Natural Resources issued a denial letter because it is not a permittable structure; and in the denial letter staff clearly stated Mr. Kendall needed to move the seawall back to the shoreline waterline interface.  He noted as part of the denial process, staff clearly informs the property owner that they have the right to appeal to the Board of County Commissioners; when an appeal comes back to staff, staff contacts the property owner and asks when they would like it to be scheduled; and Mr. Kendall is correct in that the Supervisor went on maternity leave unexpectedly and it did not get followed through.  He stated he is not aware of any phone calls; he did not speak with Mr. Kendall with regard to the status of his appeal; he is not aware of any of the staff speaking to Mr. Kendall; it is not uncommon that when someone moves forward to build something, they may not want it brought back up to the attention of the regulatory agency; and he is not aware of any conversations that have transpired.  He stated it does not change the circumstances that Natural Resources gave a formal denial and provided options of how it could be built in compliance and then when the Supervisor came back and found it on her desk, she called Mr. Kendall and inquired if he still wanted the appeal process to go forward, and he said yes; Natural Resources did an inspection and found that Mr. Kendall had actually constructed the seawall in the non-permittable location without permits; and he is not sure who the contractor was, but the contractor also built it without permits.  He stated the question before the Board is to whether or not the appeal to build it in the current location should be granted by the Board or denied by the Board; and if it is denied, Mr. Kendall would go into the Code Enforcement process and the Special Magistrate process to determine how the violation would be cured. 

 

Commissioner Scarborough inquired if there was an indication that a permit had been issued that Mr. Kendall could have relied on; with Mr. Brown responding no.  Commissioner Scarborough stated the only issue that could have been in doubt is the status of the appeal for  permit; and Mr. Kendall would not have had any indication from anybody on staff that there was a permit issued.  Mr. Brown responded no. 

 

Commissioner Scarborough stated he understands there was confusion; and inquired if Mr. Kendall was led to believe he had actually been issued a permit; with Mr. Kendall responding he did not know how the appeal process worked; and he did not know he would have to come before the Board.  Commissioner Scarborough stated Mr. Kendall applied for a permit, so he understood he needed a permit; with Mr. Kendall responding yes, he was trying to do what he was supposed to; and he did not intend to do it illegally.  Commissioner Scarborough stated Mr. Kendall understood he needed a permit and his questions were on the status of appeal; and inquired if Mr. Kendall understood he still needed a permit to build; with Mr. Kendall responding he was under the impression that once the appeal process was done he would have a permit.  Commissioner Scarborough inquired if anyone told Mr. Kendall he had a permit; with Mr. Kendall responding he phoned Natural Resources many times; he spoke to a lot of different people; and he did not realize he would be in a position where he would need to log every conversation and keep track of who he spoke to.   He stated he was under the impression that when he was finished with Natural Resources, he could build the seawall.  Commissioner Scarborough inquired with whom Mr. Kendall had that conversation; with Mr. Kendall responding he did not remember.  Commissioner Scarborough inquired if someone led him to believe he could go ahead and build the seawall; with Mr. Kendall responding affirmatively. Commissioner Scarborough inquired if someone told Mr. Kendall he could build the seawall without a permit; with Mr. Kendall responding no; and he was under the assumption that after the appeal process, he would have a permit.  Commissioner Scarborough inquired if Mr. Kendall hired a licensed contractor to build the seawall; with Mr. Kendall responding he built it himself; and the permit was applied for by Mike Willis, who is a contractor for the home he is rebuilding because of hurricane damage.

 

Chairperson Colon inquired if Mr. Brown stated Mr. Kendall needs to come back 15 feet with the seawall and then be okay; with Mr. Brown responding affirmatively; and stated the nature of the denial was that the placement of the seawall was not proper. Chairperson Colon inquired if Mr. Kendall realizes he needs to move the seawall; with Mr. Kendall responding moving the seawall is extremely difficult. Chairperson Colon stated the Board cannot allow him to keep the seawall where it is, when it is denying everybody else.  Mr. Kendall stated the Board did not deny everybody else; and he indicated to the Board where his neighbor’s seawall is located. Chairperson Colon inquired if his neighbor had a permit; with Mr. Kendall responding his neighbor had permits; there are seawalls all around him; and his neighbor to the west has a seawall, his neighbor to the east has a seawall, and the neighbor further east has a seawall. Chairperson Colon inquired how Mr. Kendall knows the neighbors have permits; with Mr. Kendall responding he has a copy of the permit for Ms. Truman.

 

Mr. Brown stated in 1993, Ms. Mary Truman was found to be in a similar situation as Mr. Kendall; she never applied for a permit and she came before the Board; and the Board determined that she truly was not aware that a permit was required and it is different than this scenario since Mr. Kendall actually applied for a permit, but was not able to obtain it.  Chairperson Colon stated that is the difference and Mr. Kendall was fully aware that a permit needed to be approved; and someone may have told Mr. Kendall he could build a wall, but it is his responsibility to find out where it can be built. 

 

Mr. Brown read to the Board exactly how Natural Resources presents the appeal process in a denial letter, “Section 62-3698 and 62-507 attached, allows for appeals or vested rights claims to administrative decisions and determinations.  The fee for appeal to the Board of County Commissioners is $762.00.  The appeal must be advertised twice per Section 62-507, once, not less than 14 days prior to the public hearing and second, at least five days prior to the public hearing.”  He stated FLORIDA TODAY requires at least two days for the advertisement in the publication; staff tries to make it clear that it must come before the Board for any decisions as opposed to any administrative; staff is aware of the process, they do it regularly; and there should not have been any indication that it was an internal administrative appeal process.

 

Chairperson Colon stated at this point, if it is denied by the Board of County Commissioners, Mr. Kendall has to follow the Code Enforcement process, where at that point they would keep an eye on the situation and make sure if the applicant wishes, then the wall would be moved. 

 

Mr. Kendall stated he would like to appeal the location of the seawall; where the wall is located is where it needs to be; it is in conjunction with every other line up and down the canal; he did not move it out any further than where the watermark is; and that is where it should be.  Chairperson Colon inquired if Mr. Kendall stated he wrote a letter to the County in February; with Mr. Kendall responding he gave the letter to Natural Resources when he filed his appeal; and they took his money for the appeal.  Chairperson Colon stated that was in February; and inquired when Mr. Kendall built the seawall; with Mr. Kendall responding it was built in June.  Chairperson Colon stated four months later, Mr. Kendall built the seawall after he knew there was an appeal process.  Mr. Kendall stated he had many conversations with Natural Resources; obviously he made a mistake and that is why he is in front of the Board; he wants to minimize what it will take for him to solve the problem; and he does not feel that where the seawall is now is a problem in any way shape or form with the watershed.  He stated the seawall protects the watershed and his property; and he put it there for a reason, as the water gets high there and almost comes up to his home.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to deny the appeal of F. Matthew Kendall; and direct staff to send the item back to Code Enforcement.  Motion carried and ordered unanimously.

 

 

 

James Johnston stated he is here to request assistance in the war against the illegal invasion of the United States; the request is to ask the Board to represent the citizens and legal employers; and second, if religious or personal beliefs keep the Commissioners from performing their duty to Brevard County, please resign immediately.  He stated he is asking the Board to assist legal employers in filing lawsuits against their racketeering competitors; assist employees in filing lawsuits against their racketeering employers; assist citizens in filing lawsuits against employers for sending foreign criminals onto the citizens’ property; assist citizens in filing lawsuits against employers, local, State, and federal officials and agencies for facilitating foreign criminals access to public places in Brevard County; assist victims of foreign criminals in filing lawsuits for those responsible for encouraging and inducing the foreign criminals to reside or remain in the United States, or allowing the foreign criminals to easily enter the United States; assist so-called

immigrants without the proper documents in filing lawsuits against those providing economic opportunities that resulted in human smuggling, human trafficking, human slavery, et cetera; and implement a 287G program for Brevard County in accordance with ICE (Immigration Customs and Enforcement Organization).  He stated he cannot get the Attorney General or anyone else in Florida Government to respond to who is supposed to enforce this.  He noted he has a group of people going through building permits, going to work sites and taking photographs of workers, foremen, automobiles, and license plates collecting evidence and ready to wave big dollar signs in front of the racketeers competitors and wave evidence in front of the immigration and customs enforcement for huge fines and prison terms. 

 

Commissioner Bolin inquired what is Attorney Knox’s legal opinion; with Attorney Knox responding he would need to look at the materials given to the Board; apparently there are things in the materials to indicate possibilities for Memorandums of Understanding with some of the federal agencies and some of the stuff; and ultimately he would need to come back to the Board and report after looking over the materials.

 

The Board directed County Attorney Scott Knox to review the information submitted by James Johnston concerning illegal immigration/illegal alien labor; and report back to the Board.

 

 

Commissioner Nelson stated he would like to see a broader use for all agencies for a period of time; when there is not a hurricane there are two trailers sitting there for a full year; and inquired if Emergency Management has another use for the trailers, and if the grant precludes the Board from having those kind of uses; with Permitting and Enforcement Director Ed Lyon responding his office has been able to confirm that the trailers can be used for other uses; the grant states the trailers cannot be used for promotional purposes; and other than that there are no limitations, as long as it is a County function. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize the submission of a grant to Florida Division of Emergency Management for the purpose of two mobile permit offices; authorize the County Manager to execute Contracts and the grant proposal associated with the grant award; and direct staff to review the guidelines of the grant to determine if other agencies can also utilize the mobile permit offices.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson stated he would like to move the item and also, as part of the process, for staff to come up with a magnitude of problem; one question the Board will be asked is what impact  does  this  have  on  housing  cost;  what  benefit  is  it and does the benefit relate to the expense; and as the Board moves forward, it is going to have to have that information available so it can determine if it is a good idea. 

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to approve legislative intent and grant permission to advertise proposed ordinance amending Section 62-100.1 (10) administrative duties of the Zoning Official; and direct staff to provide some magnitude to the issue, including what impact it will have on housing costs, what benefit is it, and does the benefit relate to the expense.  Motion carried and ordered unanimously.

Commissioner Voltz stated J.R. Russo informed the Board if it does not fund his expansion he is going to sue over space; she looked at the audit and realized that is a problem; there is a beautiful fountain that sits outside that serves no purpose except aesthetics; there is plenty of room there to connect buildings E and A; and that would solve some of the problems with space.  She stated a suggestion would be to look at the potential of building over the fountain.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to accept the Internal Audit Report for the Facilities Department; and direct staff to review expeditiously the potential of building additional facilities at the location of the outside fountain at the Brevard County Government Center at Viera, and the possibility of connecting Building E and Building A, which would solve some of the space problems.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Shawn Harris to the Parks and Recreation Board.  Motion carried and ordered unanimously.

 

Upon motion and vote, the meeting adjourned at 12:28 p.m.

  

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    JACKIE COLON, CHAIRPERSON

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

 

_____________________

SCOTT ELLIS, CLERK

      

 

 

 (SEAL)