MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

April 11, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 11, 2006, at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Reverend Hartford Lee, Greater Allen Chapel African Methodist Episcopal Church, Melbourne, Florida.

 

 

Commissioner Susan Carlson led the assembly in the Pledge of Allegiance. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Minutes of the August 24, 2005 Joint Meeting with Indian River County.  Motion carried and ordered unanimously.

 

 

 

Commissioner Pritchard advised he would like to pull Items I.C.1, I.C.2, and I.C.5 for discussion. 

 

County Manager Peggy Busacca advised there was a request to pull Item I.C.4 for discussion.

 

Chair Voltz advised cards have been submitted for discussion of Items I.B.1, I.B.4, I.B.5, I.C.1, and I.C.4. 

 

 

 

County Manager Peggy Busacca announced Item VIII.E.8, Citizen Request of Frank Hunter, Re:  Violations for Property Located on Evinrude Road, will be rescheduled at the request of Mr. Hunter.

 

 

 

County Manager Peggy Busacca stated each Commissioner should have received a copy of a Resolution that the Board asked to be drafted concerning Senate and House Bills that would limit Charter-approved powers for Charter counties; and she is requesting approval or any changes the Board may wish.   

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution opposing House Bill 949 and Senate Bill 1608. 

 

 

Chair Voltz inquired when the draft was sent out; with Ms. Busacca responding yesterday morning.  Chair Voltz advised she has not reviewed it; and requested the item be deferred.

 

 

County Manager Peggy Busacca announced last week Assistant County Manager Don Lusk became a grandfather.  Mr. Lusk advised the baby is a girl; she was early and was four pounds, seven ounces; and she is home and doing well.  The Board congratulated Mr. Lusk.

 

 

 

Chair Voltz inquired if there has been a letter from Lobbyist John Thrasher; with County Manager Peggy Busacca advising of a letter received yesterday, which was faxed out.

 

 

 

Commissioner Pritchard advised Passover begins Wednesday April 12, 2006; Easter is on Sunday, April 16, 2006; and County Attorney Scott Knox’s birthday is on Wednesday April 12, 2006.

 

 

 

Commissioner Pritchard commented on the Regional Leadership Academy he attended.  He stated the Merritt Island subway does not exist; there are no routes; if it was 75 feet underground, it would be 70 feet under water; and it is just a virtual subway online at misubwayauth.org.  He distributed paperwork from the Leadership Academy; and commented on working cooperatively to create a vision of what the County will become, and what the region will become.  He commented on various issues, including reconfiguring the DRI process, health care, transportation, consolidation of MPO’s, environmental preservation, workforce housing, density, and emergency preparedness.  He advised the Regional Leadership Academy will be an annual event; and expressed hope that others will attend. 

 

Chair Voltz inquired how Commissioner Pritchard found out about the Academy; with Commissioner Carlson advising Commissioner Pritchard was Chair of the Board of County
Commissioners last year.  Commissioner Pritchard stated MyRegion.org., the East Central Florida Regional Planning Council, and Metroplan came up with the list of attendees. 

 

 

 

David Matt, representing the Melbourne Art Festival, presented a PowerPoint exhibit concerning the upcoming 22^nd Annual Melbourne Art Festival, to be held April 22 and 23, 2006 in downtown Melbourne; and advised of a park and ride shuttle that will be available.  He commented on student scholarships, art workshops, art competition, donation to high school art departments, street concessions during the Festival, and 5K Flamingo Run.  He advised of patrons and sponsors of the program; and thanked the Board for its continued support.  He commented on Kids’ World and programs to be held on the main stage; and advised of the three feature acts.  He invited everyone to visit the website at www.melbournearts.org for more information; and commented on the economic impact expected from out-of-County visitors. 

 

 

 

Commissioner Carlson read aloud a letter from Richard McDonald expressing appreciation to William Favuzza, Andrea Kiernan, and Kim Ho of Station #82 for their efforts to transport him to Holmes Medical Center. 

 

 

 

Commissioner Carlson expressed appreciation to the firefighters, police officers, and the community who worked together to put out the fires at Wickham Park.  She inquired when the park will be reopened; with Assistant Parks and Recreation Director Jack Masson responding the park reopened this morning, but the campgrounds are still closed.  Mr. Masson advised of the damages to the park; complimented the firefighters, police officers, and County staff; and stated while they lost approximately 200 acres, no one was hurt.  Commissioner Carlson commented on a building containing herbicides and pesticides that burned and burning of entry to Bay Meadows.  Mr. Masson advised the fire started on the west side of Wickham Road and jumped the road into the park.  Commissioner Carlson stated the southeast and southwest corners of the park are vulnerable to fire; and if there is another windy day, there will be serious issues as there are piles of dead trees that need to be cleaned out. 

 

 

 

Commissioner Colon commented on the importance of having a working relationship with other counties, learning from other counties, difficulty in managing schedules with multiple events, Commissioner Carlson’s efforts with Florida Forever, visioning process, and communication between municipalities and the County.

 

 

 

Commissioner Colon advised Life Choices will be presented May 1 and 2, 2006; provided a history of the event; and advised of the needs of the youth in Brevard County.  She commented on protecting young people, an incident at local high schools, and rate of suicide among young people; and stated if anyone has a better idea to help the kids, they are welcome to call her, but if they are not trying to help, they are part of the problem.  She applauded the School Board for allowing flyers to be distributed; stated the event is after school; and the only place big enough to hold the event is a church. 

 

 

 

Commissioner Colon read aloud a resolution recognizing Modesta Herbert George on her 100^th birthday. 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution recognizing Modesta Herbert George on her 100^th birthday.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon presented the Resolution to Ms. George, who expressed appreciation to the Board; and advised her secret is good character, family, unity, teaching children to get a good education and become good citizens, and having a good daughter who cooks well and takes good care of her.

 

 

 

Chair Voltz stated MyRegion.org will have its second meeting on growth on April 27, 2006; they are requesting citizen input; and she has invitations available.

 

Commissioner Carlson advised she and Commissioner Pritchard also have invitations available.  Commissioner Pritchard advised he sent invitations to various homeowners associations and appointees to various committees. 

 

 

 

Chair Voltz stated there was a request to bring a busload of people to address Item VIII.B.1, but she recommended against it.  She requested the Board consider the item under her report.

 

Commissioner Carlson requested it be deferred until after the Board finishes Resolutions as there are students in the audience.  

 

 

 

Commissioner Carlson read aloud a resolution recognizing Eagle Scout Matthew S. Joubert.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution recognizing Matthew S. Joubert on his achievement of the rank of Eagle Scout.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson read aloud a resolution recognizing Eagle Scout Timothy R. Joubert.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution recognizing Timothy R. Joubert on his achievement of the rank of Eagle Scout.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson presented the Resolutions to Matthew and Timothy Joubert, who expressed appreciation to the Board. 

 

Commissioner Colon commented on faith being a critical part of the Eagle Scout process and spending enough time with one’s children; and stated the Jouberts are an example of what parents should be doing. 

 

Commissioner Carlson advised Matthew and Timothy Joubert are in her son’s troop. 

 

 

 

Assistant County Manager Don Lusk advised of the history of the South Brevard Senior Center project; explained why Wickham Park is the best place for location of the Center; and stated there are two options.  He advised copies of a conceptual plan of how the Senior Center will fit on the Wickham Park site have been distributed. 

 

Jasper Trigg acknowledged a group of senior citizens in the audience; compared the airport site and the Wickham Park sites; and spoke in favor of location of the Senior Center at Wickham Park. 

 

Commissioner Pritchard stated Wickham Park is the right location; and commented on the benefits of the location. 

 

Commissioner Carlson stated she voted against the airport site because it would be a bad use of taxpayer dollars because of the cost of leasing versus owning; she had concerns about putting it in the park because she did not think there was enough room; but the picture shows there is plenty of room.  She advised a commitment was made to the City of Melbourne when the referendum was passed to put a community center in the Park; the County currently does
not have enough money to finish some of the promises due to increases in cost, hurricanes, etc.; and recommended the senior center and the community center be built together.  Commissioner Carlson commented on the funding; stated she wants to make sure the County does what it promised in all areas; and it will have to find the money.  She requested a full report on building both facilities.  She stated the City of Melbourne requested this not go into Wickham Park, and recommended a more appropriate place as between U.S. 192 and Sarno Road; and inquired why that was not considered. 

 

Mr. Trigg stated about three years ago when the concept originated concerning construction of a new site, they met with the City Manager of the City of Melbourne to see if there was available property for the construction of a senior center, and the response was no; the only potential site was on North Babcock Street where the old drive-in theater was, and it was indicated there was consideration of a contract with a vendor.  He stated they have since approached the City of Melbourne less than a year and a half ago, and were told there is still no property available.

 

Commissioner Carlson inquired if anyone from the City is present; with no response heard.

 

Commissioner Colon stated this is the best option; and expressed appreciation to Commissioner Carlson for her efforts.  She commented on the benefits of having the facility in the park; and expressed appreciation to the people from the airport who have worked with the County. 

 

Chair Voltz advised this started in her District, moved to Commissioner Colon’s District, and now is in Commissioner Carlson’s District.  

 

Commissioner Scarborough commented on making the facility hurricane proof.

 

Commissioner Carlson stated the Board needs to insure the caveats are there; the first would be in terms of reducing costs, although she agrees it needs to be hurricane resistant; if it can be a hurricane shelter, it needs to be made a shelter; and they need to deal with staff from Emergency Operations to see if this is an appropriate place for a shelter.  She stated it would be a wise choice to build the two components together; there should be some savings there; and it is her understanding the City will review the plans, so she would like to be sure there is a productive relationship with the City, even though this is not something the City approved of to begin with.  She stated the City will also require vegetation around the facility; with Jack Masson advising that is part of the site plan.  Commissioner Carlson commented on vegetation, fire buffers, vegetated parking areas, and shade island concept.  She advised she would like to see the item one more time before it goes out to bid. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve location of the Senior Center at Wickham Park; and direct staff to report to the Board on the process and financing for building the senior center simultaneously with the proposed community center in Wickham Park.  Motion carried and ordered unanimously.    

 

 

 

Jeri Winkleblack of Bank of America presented a check to the Board for $12,273.26, representing a rebate on the County’s Purchasing Card Program. 

  

 

 

Commissioner Pritchard read aloud a resolution proclaiming the week of April 23 through 29, 2006 as National County Government Week.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming the week of April 23 through 29, 2006 as National County Government Week.  Motion carried and ordered unanimously. 

 

 

Commissioner Pritchard presented the Resolution to County Manager Peggy Busacca. 

 

 

 

Commissioner Scarborough read aloud a resolution proclaiming the week of April 9 through 15, 2006 as National Telecommunicators Week. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution proclaiming the week of April 9 through 15, 2006 as National Telecommunicators Week.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough presented the Resolution to Steve O’Connor, 9-1-1 Coordinator, who introduced others who work in eleven Public Safety Answering Points under the enhanced 9-1-1 Plan. 

 

Commissioner Pritchard commented on the volume of calls and types of complaints that telecommunicators receive.  Chair Voltz commented on a recent incident where a 9-1-1 call in other locale was mishandled. 

 

 

Commissioner Colon read aloud a resolution proclaiming April 2006 as National Fair Housing Month. 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution proclaiming April 2006 as National Fair Housing Month.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon presented the Resolution to a representative of the Housing and Human Services Department, who advised of the provisions of the 1968 Civil Rights Act and information about fair housing. 

 

 

 

Commissioner Carlson read aloud a Resolution proclaiming April 6, 2006 as Tartan Day.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming April 6, 2006 as Tartan Day, in recognition of those of Scottish decent.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson presented the Resolution to Rick Shader, Bill Stewart, and Rita Shader, who expressed appreciation to the Board. 

 

 

 

Chair Voltz read aloud a resolution proclaiming April 11, 2006 as Brevard County Cocoa Expo Soccer Day.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming April 11, 2006 as Brevard County Cocoa Expo Soccer Day.  Motion carried and ordered unanimously. 

 

 

Commissioner Pritchard presented the Resolution to Giles Malone, who expressed appreciation to the Board.  Mr. Malone recognized all soccer moms, and stated he appreciates their efforts.  He introduced Stacey Otzmann, General Manager of the Cocoa Expo, and Jay Moon of the Brevard Youth Soccer League; and advised Jane Alukonis, who is a star player, could not be present today.  Mr. Moon commented on the Soccer League, support of Cocoa Expo, and facilities provided by Parks and Recreation. 

 

Ms. Otzmann distributed soccer balls and hats to the Commissioners. 

 

Discussion ensued on the value of the soccer program, fact that there are soccer dads as well as soccer moms, and number of young people who participate in soccer.

 

 

 

Commissioner Carlson read aloud a resolution proclaiming April 23 through 29, 2006 as Administrative Professionals Week. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming April 23 through 29, 2006 as Administrative Professionals Week.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson presented the Resolution to Marcy Dunn and Ede Luedke, representing the Central Brevard Chapter of the International Association of Administrative Professionals, who expressed appreciation to the Board and advised of a luncheon on April 28, 2006 at the Rockledge Country Club.          

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with The Viera Company guaranteeing performance of infrastructure improvements for Judge Fran Jamieson Way Extension.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Stoneridge 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 Pritchard, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Tony Caruso for construction of a road in the existing County right-of-way known as Govan Avenue under the Unpaved Road Code of Ordinances, Section 62-102, subject to minor engineering changes as applicable.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Walkabout New South Wales and Lorrikeet Subdivision, subject to minor changes if
necessary, receipt of all documents required for recording, and developer responsible for obtaining all applicable jurisdictional permits; execute Hold Harmless Agreement with Walkabout Residential Company, LLC; and accept Easement for construction and maintenance of water, sewer, and raw water reuse utilities.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with The Viera Company guaranteeing improvements to Bresley Drive.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive provisions of Section 62-102 of the Brevard County Code to allow a third flag stem off Grant Road as requested by Leone Hayden, Trustee.  Motion carried and ordered unanimously. 

 

 

 

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

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to begin working on the documentation necessary to start the conversion process of a private road right-of-way known as Sharpes Lake Boulevard to public dedication on future recorded plat of Sun Lake Estates, Phase 3.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Sunstone, Phase 2, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining applicable jurisdictional permits; and execute Contract with The Viera Company guaranteeing improvements in the Subdivision.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 21 through 26, 2006 as Public Works Week in Brevard County.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant approval to enter into a Rental/Purchase Agreement with Great Southern Construction Equipment Company for the rental/purchase of a Kobelco SK330 Excavator for a period not to exceed 27 months.  Motion carried and ordered unanimously. 

                                                                                                     

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Task Order No. 97-48 with Neel-Schaffer, Inc. to update the Solid Waste Management Plan and Five-Year Capital Improvement Program.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to solicit bids for a street sweeper for District 2.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Interlocal Agreement with the City of Cocoa for design and relocation of utilities for Barnes Boulevard Widening Project.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution and execute Emergency Relief Program Agreement with Florida Department of Transportation for reimbursement for damage and expense to Brevard County due to Hurricane Wilma.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution authorizing installation of no parking on streets between midnight and 7:00 a.m. sign at the entrance to The River Grove on the Trail Subdivision.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve installation of three speed humps on Rosebud Street in Port St. John.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve installation of three speed humps on Barbara Road in Port St. John.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution revising the schedule of fees and charges for signing and pavement markings.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with Dolanlil, Inc.; and waive Phase I environmental assessment, deed and plat restrictions, and all Florida Power & Light Company, BellSouth, and Public Utility Easements for the property needed for Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with Roy L. Clayton; and waive Phase I environmental assessment, deed and plat restrictions, and all Florida Power & Light Company, BellSouth, and Public Utility Easements for the property needed for Wickham Road Widening Project, between Nasa Boulevard and  U.S. 192.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Temporary Construction Easement from Roy L. Clayton and Charles A. Smith, waive Phase I environmental assessment, deed and plat restrictions, and all Florida Power & Light Company, BellSouth, and Public Utility Easements for the parcels; and authorize Land Acquisition Office to order payment of $2,250 for the Easement and to conduct the closing on the property needed for Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve request for three full-time positions of Survey Tech V, Survey Tech II, and Survey Tech I as appointive
service special project employees; and approve necessary budget change requests to accommodate the positions.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Harry T. and Harriette V. Moore Cultural Complex, Inc. as a support group for the Harry T. and Harriette V. Moore Memorial Park.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Water Line and Ingress/Egress Easement Agreement, and Bill of Sale with City of Cocoa for Sharpes Community Center Park Waterline.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution and execute Grant Application and Standard Assurances for submittal to the Florida Commission for the Transportation Disadvantaged for $1,058,941 in CTD Trust Funds; and authorize the Chair to sign any amendments or addenda, contingent upon County Attorney and Risk Management approval.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendments to Public Transportation Joint Participation Agreements with Florida Department of Transportation to add audit reporting requirements in accordance with OMB Circular A-133 and Section 215.97, Florida Statutes.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution approving the commercial paper loan for the Emergency 911 Computer Aided Dispatch (CAD) Software System; and authorize the Chair and County Attorney to sign the necessary loan documents, and staff to make necessary budget changes.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize a one and one-half percent COLA adjustment to the County Attorney’s salary effective the first pay period in April 2006 consistent with the COLA increase being provided to all other non-bargaining unit and LIU bargaining unit personnel; and execute Addendum to Agreement with County Attorney Scott Knox.  Motion carried and ordered unanimously. 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Alan Abramowitz, Wayne Olson, Teri Compton, and Mark Ryan to the Brevard Workforce Development Board.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize distribution of State Forfeiture funds of $21,467 to the City of Cape Canaveral, to purchase tasers for Port Operations and expense legal fees in the amount of $35,000 in accordance with Section 932.7055(5), Florida Statutes; and approve any necessary budget amendments that may be required.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to enter into a lease agreement with the State of Florida for surplus land and buildings, and sub-lease agreement with Child Care Association for the Monroe Center Complex; and authorize the County Manager to sign agreements and/or other documents, contingent upon approval by Risk Management and the County Attorney.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Helen H. Stubbs and Ed Vosatka to the Historical Commission with terms expiring December 31, 2006.  Motion carried and ordered unanimously.   

 

 

 

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

 

 

The meeting recessed at 10:46 a.m. and reconvened at 10:55 a.m.

 

 

 

Commissioner Pritchard stated it says the estimated cost savings are more than $11,000 per month; and inquired how will the $11,000 be used and are there any other types of cost savings or increases in efficiencies in this system.  Steve O’Connor, 9-1-1 Coordinator, advised extending the BellSouth Maintenance Agreement will provide an opportunity to examine other alternatives to provide service; and commented on other alternatives.  He stated the current maintenance contract has been reduced by 10% for the next year; and those cost savings will accrue toward system improvements; and anything they are unable to carry forward will be returned to the cities in accordance with the Interlocal Agreements.  Commissioner Pritchard stated $11,000 a month is an incredible savings considering the size of the budget; commended staff; and recommended looking at things to see how they can be done better and with less money. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Special Service Arrangement Agreement with BellSouth for 9-1-1 customer premise equipment that meets Federal Communications Commission (FCC) mandate for Phases I and II and National Emergency Number Association (NENA) standards.  Motion carried and ordered unanimously. 

 

 

 

Thelma Roper voiced her opinion concerning contributions for fireworks; and recommended reconsidering the policy. 

 

Commissioner Scarborough advised this has been discussed extensively by the Parks and Recreation Board; and the Board should not be discussing $1,000 for a Fourth of July fireworks

display.  He stated the issue is important to certain people; and he is happy with the process.  He stated if the Advisory Board makes a different recommendation, that will be acceptable.

 

Commissioner Carlson stated the Board is considering the fireworks ordinance today; and the money being contributed to qualified celebrations would qualify under the ordinance. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve contributions of $1,000 each to the Cities of Melbourne, Palm Bay, Cocoa Beach, and Titusville, and to Thunder Over Indian River, Inc. for Port St. John, for Fourth of July Fireworks displays.  Motion carried and ordered unanimously.     

 

 

Clerk of Courts Scott Ellis advised he requested this item and the next be pulled for the same reason; County policy is when there is a major land acquisition, it goes on the Agenda under New Business; but this is $6 million worth of property under the Consent Agenda.  He commented on the Sarno landfill issue and policy for major land acquisitions; and stated he does not know how the items were put under Consent. 

 

County Manager Peggy Busacca stated that was her error as she completely forgot the policy. 

 

Discussion ensued on whether to reschedule the items and people being present to discuss the item.

 

Mr. Ellis advised there is no property description; there are no maps; and one item is an option contract.  He stated the Board has policies for land acquisition; and the items do not follow the policies. 

 

Chair Voltz inquired if the item is time sensitive and why were the policies not followed.  EEL’s Coordinator Mike Knight responded Mr. Fountain was involved in the negotiation process; there is a time sensitivity issue; and they were just trying to expedite.  Commissioner Carlson inquired if the deadline is April 13, 2006; with Mr. Knight responding affirmatively.  Keith Fountain advised the Parrish Holder Land Corporation item has an option expiration date of April 13, 2006 and a drop dead closing date of April 18, 2006.  Chair Voltz stated the issue is it was not done properly.  Ms. Busacca explained that Mr. Lusk was on vacation; she put the item on the Agenda; when Mr. Lusk returned he advised it should not have been put on Consent; he offered to pull it at that time; but she said the Board was interested in moving forward.  She advised the Administrative Order permits EEL’s to go through a different set of policies than other land acquisitions; and as she said it would be all right on Consent Agenda, it is fully her error. 

 

Commissioner Scarborough stated if the Board dismisses this, there will be unhappy people on the other side; it is prudent for the Board to hear other speakers to hear all the problems; and he has spoken with Mr. Knight and Mr. Fountain.  He stated there are issues that need to be raised as part of the  public record; and if the Board hears everyone today, it can determine whether it should bring this back in a timely manner.  He stated the Board  should not walk away from this opportunity. 

 

Commissioner Pritchard stated this is the parcel with the Indian mound that he has been talking about for over a year; at one point it was slated for development, but the developer set it aside; and inquired if the Board is going to do what it can to sell this to the EEL’s Program; with Mr. Knight responding that is correct, the owner has expressed willingness to work with the County to get the land acquired under the EEL’s Program.  Commissioner Pritchard commented on the issue coming before the Zoning meeting, time sensitivity, appropriateness of the purchase, and moving expeditiously.  He recommended being expeditious, getting value, and following procedures. 

 

Amy Tidd, Steve Jack, and Maureen Parent expressed opinions concerning the property. 

 

Attorney David Dyer, representing Parrish Holder Land Corporation, advised the agreement has to be approved by April 13, 2006 and close by April 18, 2006; they cannot put this on hold; the property was in line to be developed; the owner took it off that track based on the interest of the County in purchasing the property; and two appraisals were done by appraisers selected and paid for by the County, coming in at $3.6 and $3.8 million.  He stated the County is buying the property at the low end of the range; the appraisals were reviewed and approved by a third appraiser; and the County is buying the property at fair market value; but it is a time sensitive issue. 

 

Commissioner Pritchard inquired about opportunity for connectivity between the parcel and the park to the north. 

 

Commissioner Scarborough requested Mr. Burdett comment.  Finance Director Steve Burdett advised he and Mr. Ellis read the Agenda; their concern is that it appears the property was acquired by a middle party to be sold to the County; and there is a price differential.  He stated it is in the Board’s interest to clarify how the transaction is occurring.  Mr. Fountain stated Parrish Holder Land Corporation has two contracts to buy the property, which the company entered into in June 2004; this is all disclosed in the option agreement; the purchase prices for the property are $1.58 million and $540,000; and the $1.58 million includes property that is not the subject of this acquisition, but is part of the site, being 40 acres north of Parrish Road.  He stated attached to the option agreement are expenses that have been disclosed of approximately $1.6 million; the property has been under contract for almost two years; the company has been going through a due diligence process to get the property entitled for development; and advised of actions taken toward that end.  He commented on costs, retention of 40 acres, costs involved in
extending the option agreement, rising real estate prices, unsuccessful attempt of EEL’s to buy
the property two years ago, and acquiring desired property.  Commissioner Scarborough inquired about the dates of the appraisals.  Commissioner Carlson inquired about the time frame between the different ownership; with Mr. Fountain responding they have not closed on the property yet, but it has been under contract since 2004. 

 

John Genoni advised the reason they have two sellers is in the option contract there is a clause of non-assignability, which they had to address.  He commented on the contract terms that the seller added to the contract, having no knowledge of this situation coming up, development of the property, and seller wanting to protect himself and not have them flip the contract. 

 

Discussion ensued on the parcel not being the same one that was turned down for rezoning, when the option was executed, referendum of November 2004, and property under contract when referendum passed.

 

Commissioner Pritchard stated Mr. Ellis was concerned about what may be an impropriety; and he wants to be sure they are not creating the son of Sarno.  County Attorney Scott Knox advised the major difference between this and Sarno is that the Board knows everything there is about the purchase, which it did not when Sarno landfill was purchased, so from a legal standpoint, this is aboveboard with everything fully disclosed.  Commissioner Pritchard inquired about the appraisals; with Mr. Fountain advising of the spread between appraisals and the high and low appraisals based on a per unit basis.  Commissioner Pritchard inquired if Mr. Fountain is talking about 231 single family residences; with Mr. Fountain responding it was 129 units.  Commissioner Pritchard stated the property owner has the ability to develop single-family residences on that property; and while the eagle nests and the Indian mound would be preserved, it would still be an enclave in the middle of a residential community.  He stated the alternative is whether the Board wants to purchase the entire property for a cost in the appraisal range and assurances from the County Attorney that the Board is within its legal right to do so; when he found there was an Indian mound somewhat adjacent to the park to the north of it, he thought it would be a great use of EEL’s funding; and if Commissioner Scarborough wants to make a motion, he would second it. 

 

Chair Voltz requested clarification of the issue Mr. Burdett brought forth; with Mr. Burdett responding the Agenda Report inferred that property was being bought from the actual seller by an intermediate party, and then will be sold to the County, with the price changing between the two transactions, which brought up the Sarno issue.  Chair Voltz stated Mr. Burdett heard an explanation of what happened; and inquired if that is satisfactory or is there another issue that needs to come up.  Mr. Burdett advised Mr. Ellis still has comments and questions. 

 

Commissioner Carlson inquired if the difference in price has anything to do with the expenditures and do the appraisals include the due diligence numbers.  Mr. Fountain advised the appraisers looked at the money extended by Parrish Holder through the entitlement process; and more importantly are the results that the due diligence produced which was
defining the setbacks around the eagles’ nests and the Indian mound.  Commissioner Carlson inquired what about it being a buildable piece of property and the potential of mitigation of all wetlands existing on the property; with Mr. Fountain responding it is all of those items. 

 

Commissioner Scarborough inquired who the Board would need to visit to buy the property; with Mr. Fountain responding Parrish Holder has the beneficial interest in the property.  Commissioner Scarborough stated there have been questions with the contract, how the Board deals with zoning items when it is interested in acquiring property, and other things that have made the issue very complex; this was a major issue in North Brevard in selling the referendum; the owners had the right to proceed with rezoning and development; but at this moment they are willing to sell; and the end result is where the Board wanted to be.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson for discussion, to execute Option Agreement for Sale and Purchase and Assignment of Option to Purchase with Parrish Land Holder Corporation and The Nature Conservancy for property on the south side of Parrish Road. 

 

 

Commissioner Carlson inquired if the item today is contingent upon Parrish Holder Land Corporation closing two contracts with Bernard Hersch and Michael Block, and Bernard Hersch and Deborah Bushalter; with Mr. Fountain responding that is correct. 

 

Chair Voltz called for the vote on the motion.  Motion carried and ordered unanimously. 

 

 

Clerk of Courts Scott Ellis stated evidently land buying procedures put in place after the Sarno landfill are irrelevant because the items are on the Consent Agenda, there is no property information, and there is an Option Contract.  He stated the seller has made $1.5 million on the option and kept 40 acres of the 120; it is insane; and inquired why is it on the Agenda at the last minute when the Board had months to do it.  He stated this item in Canaveral Groves is the same thing; the Board is paying $30,000 an acre; half the property is under water; and he did not get to come back up on the last item.  He stated the property in Canaveral Groves is 80 acres in the middle of nowhere; the Board is paying $2.5 million; and the item is on the Consent Agenda.  He stated the reason people are present for the items is because he sent the letter to remove the item from the Consent Agenda, and they are here in support; but no one else is here from the public because no one else knows about it.  He inquired if Ms. Busacca is saying that on an EEL’s purchase none of the rules apply.  County Manager Peggy Busacca
responded she does not have a copy of the Administrative Order in front of her; but she would be happy to get it and discuss it. 

 

Discussion ensued on determining the rules before making the purchase, the Board not allowed to deal with people on options, Administrative Order allowing waiver of that requirement, item on Consent Agenda, and $6 million land purchase.

 

County Attorney Scott Knox stated he does not have a copy of the Administrative Order.  Chair Voltz requested it be brought back after lunch. 

 

Walter Pine commented on not knowing about the item until Mr. Ellis mentioned it to him, Board policy, fatal flaw on notice, Policy superseding Administrative Order, Mr. Ellis being Comptroller of County, checks and balances not working, and Government in the Sunshine applying to decision making process.  He stated he agrees it is a valuable property for environmental issues; but the proper operation of the County is more important than the land.

 

Chair Voltz advised Mr. Ellis was not called up again on the previous item because he had spoken his three minutes. 

 

Commissioner Colon commented on the perception the Board is giving to the community; and advised it would behoove the Board to put this on the next Agenda under Public Hearings.  She stated the Board will be getting the criticism; the item was going to be pulled from the Consent Agenda by some other Commissioners for discussion; and it needs to come back in two weeks.  She commented on procedures being put in place, and rules applying to EEL’s.  She stated she should not have stayed quiet. 

 

Commissioner Scarborough commented on things coming to the Board with enough time to table them if needed; and inquired if this item can be tabled to April 25, 2006; with Mr. Fountain responding yes, the contract provides that the option expiration date would be 60 days after approval of the assignment of the contract by the Board.  He stated he agrees with Commissioner Colon; and commented response of other people if the Indian mound had been lost.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table Item I.B.5 to the April 25, 2006 meeting. 

 

 

Commissioner Carlson requested when the item comes back, there be a review of the procedure used for EEL’s projects and the legal review to make sure the Board is following the appropriate Policy and Administrative Orders. 

 

Commissioner Pritchard advised on the previous item, the Board was given a drop-dead date, so it had to move on it; the attorney advised the Board had the authority to move; and he has no
problem with moving on this.  He commented on the Sarno purchase, having time to do things right, Thousand Islands, and being proactive.  

 

Commissioner Colon stated she was talking about Items I.B.4 and I.B.5; everyone wants to be able to close this deal; things were discussed in her office concerning the kind of scrutiny the Board would be under; and she is willing to support the motion to table.  She stated she wants to discuss Item I.B.4.

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Colon, to reconsider the motion on Item I.B.4.  Motion died for lack of a second.    

 

 

Discussion ensued on Item I.B.4 having a deadline, no opportunity to come back at future date, good property to purchase, need to go forward with purchase, purchase not done appropriately; purchase not being illegal, everything being aboveboard, and desire for additional information on the appraisals. 

 

 

 

Commissioner Pritchard commented on reducing fines that have accrued; stated this is a fine of $7,400; and the request is to reduce it to $875.  He advised of the details of the violation; and stated it is not in the best interest of the County to reduce a fine of $7,389 to $875.  He stated the idea is to encourage people to comply with the rules and regulations; and it is an abuse of public trust when things are allowed to go on for years, and then the fine is reduced to 10% of what it was. 

 

Code Enforcement Director Bobby Bowen stated last year there were only three reductions in fines; and this year, this is the third or fourth request.  He stated the respondent has the right to present his unique set of circumstances to consider; and the Special Magistrate only makes a recommendation to the Board.  He stated the property has to be in compliance, and the person has to pay the enforcement costs before the person can come back to request reduction.  He stated Gerald Parker paid the enforcement costs of $676. 

 

Discussion ensued on junk vehicles, addition to the Junk Vehicle Ordinance to provide for towing by the County, lien against property, hurricane damage to property, and inability to get a loan.

 

Gerald Parker advised of the details of his violation, failure to be in compliance, vehicles under carport, change in the law, health issues, no power for six weeks due to hurricanes, coming into compliance, and inability to pay. 

 

Commissioner Pritchard inquired about vehicle repair and zoning; with Mr. Bowen advising of the current rules.  Assistant County Attorney Terri Jones advised the Ordinance was changed in 2001.  Commissioner Pritchard inquired if the County could have removed the vehicles; with Mr. Bowen responding yes, with a Special Magistrate’s order.  Commissioner Pritchard stated it was not zoned for what Mr. Parker was doing; for the better part of two years little was done to alleviate the situation; and he fails to understand why action was not taken to remove the derelict vehicles. 

 

Mr. Parker stated he was not working out of his house; any cars he restored were for his own personal use as a hobby; he let it get out of hand; and commented on his health issues. 

 

Commissioner Scarborough commented on the reason the Board uses Special Magistrates and rehearing cases before the Board. 

 

Commissioner Pritchard stated the public thinks the Board is a paper tiger when it comes to doing a lot of things; it is not the dollar amount involved; but it is the principle of having an enforcement system and then negating that system because of mitigating circumstances.  He stated for a year or two nothing happens; that is typical in most of the cases; and then in the eleventh hour, the violator is begging for forgiveness.  He stated he does not want to do away with Special Magistrates; but the Board needs to set a percentage that the Board cannot go beyond in reductions. 

 

Chair Voltz advised this was not in District 3; with Commissioner Pritchard advising it was in District 1. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Special Magistrate’s recommendation to reduce the accrued fine for Case #02-3539, 7009 Chestnut Drive, Cocoa, Florida, from $7,389 to $875.00; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously. 

 

 

Discussion ensued on limiting reductions, previous Board direction, staff report, input from staff and Special Magistrates, and need for guidelines.

 

Mr. Bowen advised last year fines going before the Board for three cases were reduced from $15,772 to $3,711, and over $200,000 was collected last year. 

 

Attorney Jones advised of the upcoming Special Magistrate Agenda; and requested direction from the Board. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff, including the Special Magistrate, to provide comments on reductions of fines and not bring any additional items forward to the Special Magistrate until the Board has discussed the issue of limiting fine reductions.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Pritchard stated this has been seven years; the fine is $14,000; and it is requested to be reduced to $5,000.  He stated testimony and evidence was presented by the respondent’s mother, Betty McCallister; the respondent passed away on November 15 leaving two children; and there is a buyer for the property for $81,000.  He stated it is nothing personal; but the Board is seen as a paper tiger. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Special Magistrate’s recommendation to reduce the accrued fine for Case #99-1887, 2424 North U.S. 1, Mims, Florida, from $14,070 to $5,000; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment. 

 

 

Commissioner Scarborough advised he will abstain because he has represented Betty McCallister.

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered; Commissioner Scarborough abstained. 

 

 

 

Chair Voltz stated the Board is selling land for $30,000 an acre; but one cannot even buy a lot in Palm Bay for under $50,000.  She recommended the Board have the property reassessed as something is not right. 

 

Veronica Clifford, Vice Chair of Spaceport Commerce Park Board, stated in May 2005 the decision was quality jobs, not the cost of the land because they want to bring in economic growth; and the guidelines are how many jobs they bring in, the average salary, and the capital investment.  She stated since she has been on the Board they have done four sales; and outlined the different sales and the prices paid.  She stated the Board unanimously approved $30,000 an acre for this item because it meets the criteria; the appraisals were done a year ago;  

and it meets the direction the Board  provided. 

 

Chair Voltz stated even seven to fourteen jobs is not an extraordinary amount of investment; but for the price of $30,000 an acre, she is not sure they need to go there.  She inquired if the appraisal was done a year ago; with Economic and Financial Programs Director Greg Lugar responding it was 14 months ago. 

 

Discussion ensued on the appraisal, parcel part of larger parcel, real estate market, types of businesses the County wants to attract, deed restrictions, and differences between EDC and the Spaceport Commerce Park Board. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Contract for Sale and Purchase and Addendum to Contract with Arthur J. and Susan Schricker for a 2.5-acre parcel located on Armstrong Drive in Spaceport Commerce Park.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct there be a new appraisal.  Motion carried and ordered unanimously. 

 

 

DISCUSSION, RE:  HOUSE BILL 949 AND SENATE BILL 1608  (CONTINUED)

 

Commissioner Carlson stated there is some urgency in creating the resolution that goes against the preemptive bills that are currently in the Legislature; and Senator Posey has this in committee. 

 

Chair Voltz stated she had an opportunity to go over the resolution, and has emailed all of the Delegation to advise the Board does not support this. 

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution opposing House Bill 949 and Senate Bill 1608; and direct Legislative Coordinator Leigh Holt to provide copies of the Resolution to Lobbyist John Thrasher and all members of the Brevard Delegation.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Scarborough distributed written materials; and advised Mr. McDaniel is present to address an annexation.

 

Homer McDaniel advised of the Joint Planning Agreement with the City of Titusville that was passed in July 2005; stated he represents a six and one-half acre enclave with six property owners; and they had no idea this had been passed until March 2006, when he received a letter from the City welcoming him.  He commented on having no chance to speak at meetings; and inquired if they were treated fairly; with Commissioner Scarborough responding definitely not.  Mr. McDaniel commented on 12 properties being taken in on Key Largo Drive that were in a
larger than ten-acre enclave, public notice to rezone their properties, and having to open the JPA to amendment to take those people out.  Commissioner Scarborough advised of City Attorney Dwight Severs’ opinion that the Key Largo enclave should not have been annexed.  Mr. McDaniel requested he have a chance to speak if the JPA is opened for amendment so that there could be more than one amendment.  Commissioner Scarborough advised of the history of the JPA, lack of notification to residents, discussions with Attorney Severs, and City Manager anticipating holding a public meeting, which would be the appropriate time for the public to bring up all the issues.  Commissioner Scarborough stated the County entered into an Agreement with the City of Titusville, which relinquished control over the ten acres to the City; and they did it because it is difficult for the County to go into a city to provide good service.  He stated they neglected to notify people like Mr. McDaniel that he had an interest and should have been represented. 

 

Chair Voltz stated DCA permits administrative annexations under ten acres. 

 

Mr. McDaniel advised this is the first time a forced annexation has taken place in the County since the 1960’s when Indian River City was annexed. 

 

Discussion ensued on the issue being with the City, the County remaining involved, and annexation of Key Largo being illegal. 

 

 

 

Walter Pine advised the Board agrees the annexation was a manifest injustice, but is unwilling to do anything; and there are provisions to cancel the JPA or do other things.  He commented on the City and County failing to provide notice, failure to discipline those who have done wrong, lack of action, opting out of the JPA, and problems with Future Land Use Maps.

 

 

PUBLIC COMMENT, RE:  ANNEXATION  (CONTINUED)

 

Commissioner Carlson stated there is no way to tell the size of the parcels; and she would expect the County would be aware of the parcel size, and the City would be talking about that.  Commissioner Scarborough stated the Agreement said ten acres or less; anything more than ten acres was out; and therein lies the problem with Key Largo Drive.  Commissioner Carlson inquired what mechanism is there to know that ahead of time; with Commissioner Scarborough responding he assumes no one knew the size of what was being annexed. 

 

Chair Voltz advised the Board does not need to discuss the Key Largo Drive case.  She stated it was up to the City to notify people.  Commissioner Scarborough stated he takes personal blame and regrets not contacting those people. 

 

Discussion ensued on notification, having no way to know about the annexation, and size of the area annexed.

 

 

 

Thelma Roper stated County Manager Peggy Busacca was chastised over the EEL’s issue; but

there was no chastising or suggestion to The Nature Conservancy, which acts as the County’s agent in these purchases to make sure that everything comes to the Board in time without having last minute decisions.  She recommended information be brought to the Board a minimum of 30 days before the signing, not three days before; and stated there should be a policy or amendment to the contract with The Nature Conservancy such that it would have to allow sufficient time. 

 

 

PUBLIC COMMENT, RE:  VARIOUS ISSUES  (CONTINUED)

 

Commissioner Pritchard inquired what is “manifest injustice.”  Attorney Knox stated there is a legal term that appellate courts use when trying to overturn a lower court; and when they find that something is really wrong, it is called manifest injustice. 

 

The meeting recessed at 12:41 p.m. and reconvened at 1:35 p.m.

 

 

Dr. David MacIntosh, representing Environmental Health and Engineering, Inc., advised of his qualifications and experience, the background of EH&E, Inc., and the names of others who worked on the study.  He stated air pollutant emissions from power plants such as the FP&L facility and the Reliant Indian River Plant, both in Port St. John, include numerous substances; emissions include criteria air pollutants for which there are legal limits; and they emit non-criteria pollutants as well, including heavy metals, hydrocarbons, mercury, and many other materials.  He stated the heavy metals are of particular instance because different sources emit different types of metals; and they can be used as tracers or signature constituents of air quality samples to understand the sources.  He advised ambient air is also known as outdoor air.  He gave examples of signature constituents; and advised they are tracers for combustion of heavy fuel oil, which is the primary fossil fuel utilized by the FP&L and Reliant facilities in the County.  He stated the reason there are ambient air quality standards at the federal and State level for criteria pollutants is because it has been determined that there are human health responses to concentrations of these pollutants in the atmosphere; and the levels set are designed to be protective of human health.  He advised of the types of effects that have been observed for certain pollutants, types of studies undertaken, health responses to various exposure levels of pollutants, groups at higher risk, and corrosive effects of certain pollutants.  He stated levels of these pollutants are generally low.

 

Chair Voltz requested Dr. MacIntosh concentrate more on the Port St. John area.  Commissioner Scarborough stated he would like Dr. MacIntosh to be allowed time to explain the nature of the problem. 

 

Dr. MacIntosh advised EH&E, Inc. was approached by Attorney Knox and Attorney Lepore with respect to reports of soot or acid smut deposition or fallout in the Port St. John area and
associated claims of property damage; and there is some evidence that portions of Brevard County may not fit the profile typical of Florida with respect to air quality.  Dr. MacIntosh stated there have been observations of soot deposition in areas surrounding the Reliant Plant; and displayed a picture of the Indian River coast showing soot complaints.  He stated the reports have raised concerns about other air quality impacts from the power plants.  He stated FP&L and Reliant plant operational schedule appears to follow the daily and seasonal patterns of electricity demand; that is important because when boilers are starting up or shutting down, they are not operating at peak efficiency; and as a result the emissions per unit of energy are higher.  He stated the shoreline winds in Port St. John are complex, and may also contribute to local air quality impacts.  He stated in summer the prevailing winds are from the south and southwest, but at the same time there are ocean winds coming from the east, which serves to mix the pollutants in the local environment rather than dispersing them to the western part of the State.  He advised in the winter the opposite is true; the winds meet in the convergence zone; and that becomes like a mixing bowl for the pollutants from the plants.  He stated Port St. John is relatively densely populated; children make up 20% of the population; elderly population along the coast between the two plants is higher than on average across the country; and approximately 20% of the population along the coast is over 65.  He stated they can anticipate that the levels of particles, sulfur dioxide, and nitrogen dioxide emitted from the plants will all be correlated because they are from the same sources, so there may be risk of cumulative multi-chemical exposure.  He commented on design of a preliminary study, objectives, determining whether mathematical model could predict air pollution concentrations, and sampling site at Fay Park in Port St. John.  He advised of data collection from June 4 through June 14, 2005 for sulfur dioxide, metals, fine particles, and local wind conditions as well as meteorological data and hourly records of fuel use and emissions of sulfur dioxide from publicly available databases.  He stated there are six conclusions; and the first is concentrations in the air at Fay Park for sulfur dioxide, nickel and vanadium, and fine particles were positively correlated with oil combustion at the plants and wind blowing from the plants to Fay Park.  He stated they concluded that emissions from the FP&L plant were primarily responsible for the power plant related impacts on air quality that were observed because winds were almost exclusively from the east.  He stated they were not able to identify emissions from Reliant because the wind did not blow from the northeast while they were there.  He stated when they evaluated the air dispersion model to see if they could use a mathematical model rather than measurements to accurately estimate concentrations of pollutants, they found the model did not perform very well; and they concluded the standard regulatory based air dispersion model was inadequate for the location because of the complex wind patterns.  He stated they concluded based on the magnitude of the sulfur dioxide concentrations they measured at Fay Park, it is possible that concentrations of SO₂ in some areas of Port St. John may exceed State and federal ambient air quality standards; and the records are suggestive that in some areas at some times the ambient air quality standards may be exceeded.  He stated they noted in terms of health implications that the day-to-day variation of fine particle concentrations that were measured at Fay Park were similar to the type of variation that has been observed to be related to lung function detriments in epidemiological studies of primarily asthmatic children.  He stated the results of the preliminary investigation indicate that additional monitoring is warranted; the goals of the monitoring would be to quantify the fine particle SO₂ and nitrogen dioxide levels in populated areas likely to be impacted by FP&L and Reliant emissions; the study should also be
designed to evaluate attainment of the SO₂ and NO₂ standards; and at the same time meteorological data should be obtained that is needed to populate a better or more sophisticated model of the atmosphere than the standard regulatory based model.  Dr. MacIntosh stated the County should request the State conduct the monitoring investigation as the State permitted the plants to operate.  He recommended the County consider designing an epidemiological study of respiratory morbidity in the Port St. John area if there is interest in understanding whether there are health consequences.  He stated the number one recommendation is to collect additional monitoring data to find out what the levels are, and then to consider the options that are available following discussions with the State about DEP conducting additional monitoring, and at the same time evaluate the benefits and costs of doing an epidemiological study.  He noted the third phase would be to implement the plans. 

 

Commissioner Pritchard inquired if the fuel burned at the time of observations was heavy fuel oil; with Dr. MacIntosh responding both fuel oil and natural gas were burned.  Commissioner Pritchard inquired about the mix; with Dr. MacIntosh responding it was primarily fuel oil during the day and natural gas at night.  Commissioner Pritchard inquired about emissions and would they be better burning natural gas; with Dr. MacIntosh responding yes.  Dr. MacIntosh displayed a chart showing sulfur dioxide levels at Fay Park by date; and displayed a chart showing correlation of sulfur dioxide levels and sulfur dioxide emissions from FP&L.  Commissioner Pritchard inquired which pollutant is more critical; with Dr. MacIntosh responding in terms of attainment of ambient air quality standards, it would be sulfur dioxide and nitrogen dioxide, which was not measured.  Commissioner Pritchard inquired if nitrogen dioxide is a by-product of natural gas; with Dr. MacIntosh responding affirmatively.  Commissioner Pritchard inquired if there could be a higher percentage of nitrogen dioxide if they used another type of fuel; with Dr. MacIntosh responding it is primarily how much fuel is being burned as opposed to the type of fuel. 

 

Discussion ensued on natural gas, study cost, monitoring station, assumptions about the Reliant plant, air pollution control equipment at Reliant, and cost of second phase of study.

 

Commissioner Colon expressed disappointment in the study, the recommendation, and the number of days data was collected.  She stated people are getting sick; they see the pollution; this is a serious problem; and the study took forever.  She commented on the contract with EH&E, Inc.; and stated she is not satisfied with what the County got.  She inquired if the County is unusual in what is in its air; and how does the County go after the problem. 

 

County Attorney Scott Knox stated this started three years ago when the Board was concerned about this issue; the possibility was brought up about exploring a suit against the potential causes of the problems on a nuisance theory; and they explained that a study was needed to justify going forward with that kind of a lawsuit, which is why they contacted EH&E, Inc.  He stated they have methodically gone after whether there is a problem; Dr. MacIntosh’s initial impression has probably changed since he first came to the County to look at the issue; but he has laid the groundwork for additional work that would be needed if the County decided to go to some sort of a nuisance suit.          

 

Commissioner Carlson commented on convergence of pollutants over land, provision of expert testimony that there is a problem, expert testimony before EPA and judges, and inability to get information from Reliant at the Fay Park site; and stated the Board needs to put the emphasis on DEP and solicit EH&E, Inc. to provide expert testimony. 

 

Chair Voltz stated she agrees with Commissioner Colon; she was very disappointed; they already knew there was a problem; and they have expert testimony that they paid $200,000 for.  She stated the recommendation was to study more; and that is not what the people in Port St. John wanted to hear. 

 

Discussion ensued on doing an epidemiology study, State paying for study, and initial impressions.

 

Dr. MacIntosh stated initial impressions were based on comparing standard regulatory based air dispersion model to self reported emissions from the plants to predict air pollutant concentrations; they found they were not really of note from a regulatory or health point of view; and noted it is the same model that DEP would use in evaluating a permit application from the power plants.  He advised of comparison of individuals being discharged from the hospital with Port St. John zip codes versus non-Port St. John zip codes; and stated the levels were about the same.  He stated it did not look like there was much of a problem; but the County Attorney advised there were problems, so they suggested a limited monitoring study. 

 

Commissioner Scarborough inquired what was found that was contrary to the initial assumption; with Dr. MacIntosh responding the concentrations of SO₂ and fine particles were much higher than predicted by the model; and they found there was a strong correlation between the indicator metals of the fuel oil combustion and the fine particles, suggesting that emissions from the plants were contributing much of the fine particle load.  Attorney Knox requested Dr. MacIntosh give an idea of the order of magnitude.  Dr. MacIntosh stated the model would predict that the highest 24-hour average fine particle concentration attributable to either power plant was approximately one microgram per cubic meter of air; in contract, when looking at fine particle concentrations as a function of both the nickel and vanadium levels, and as a function of wind direction, the average difference is approximately two and one-half micrograms per cubic meter, so it may be two to three times higher; but it is even more than that because they are comparing the average upwind/downwind concentration from the plants versus the maximum predicted on any given day. 

 

Sandy Sanderson, representing FP&L, stated they had the study for a few days; but they have been studying it; and at best they would say that the analysis has been preliminary.  He stated they intend to continue their analysis for a period of 30 to 60 days, during which time they will come up with an in-depth analysis; and they will not only look at the report, but also at the raw data that was used as the basis of some of the assumptions and conclusions.  He stated they are considering taking the raw data that was collected, bringing it to an independent third party such as a university, and requesting they look at the raw data and advise what conclusions they would draw from the data.  He stated the initial impressions are that they have serious concerns about the methods in which the data was collected and the conclusions that were drawn from
the data; and they expect to get into that in much more depth over the next two months.  He stated FP&L is very proud of its plant, the people who operate it, and the emissions that result from the burning of fuels; and they have taken seriously the responsibility to operate the plant in the cleanest manner possible.  Mr. Sanderson stated FP&L is in full compliance with every requirement for the safe operation of the plant that has been established by the Florida Department of Environmental Protection; and commented on the limits.  He stated they are not only in full compliance with the requirements, but in many cases they are below the allowable levels.  He stated they looked at the performance; they looked at records going back 20 years and found no notices of violation from the Department of Environmental Protection; and they talked to plant personnel who could not remember a notice of violation.  He stated looking at the last decade, referencing 1997 numbers, the plant particulate emissions have decreased by 42%; the plant sulfur dioxide emissions decreased by 28%; and the plant opacity rate decreased by 93%.  He stated even though they are in compliance with all requirements, the corporate philosophy is continuous incremental improvement, so they are always looking at ways to improve the operation.  He stated they do that in a number of ways, improving operational procedures and techniques, by the fuel selected, and mechanical enhancements.  He stated although the plant was built in the 1960’s, during the 1990’s they conducted extensive refurbishment of the units; and outlined changes that were made.  He stated they will continue the in-depth analysis; and commented on selecting an independent third party. 

 

Commissioner Pritchard inquired what would the cost be to go to 100% natural gas.  Mr. Sanderson responded in the 1980’s they realized the importance of maintaining fuel diversity, and because of that they have generation from nuclear, natural gas, oil units, and also import of energy from other companies that generate by coal; and they are also in the process of siting a clean coal plant in South Florida, and have notified the Nuclear Regulatory Commission, they are interested in pursuing the possibility of another nuclear plant.  He explained why fuel diversity is so important to FP&L; and commented on price ranges for fuel.  Commissioner Pritchard inquired what a quick fix of going to 100% natural gas would do to the rate structure for the next six months to a year; and advised the situation may be more critical than they previously thought.  Mr. Sanderson stated he does not agree with the premise that a quick fix is required; the continuous monitoring equipment indicates what comes out of the stack is significantly below the limits established as safe by DEP; but if they went to all natural gas, they would have to be concerned during peak periods whether there would be natural gas supply to run the plant exclusively on natural gas.  He stated if they did not re-power, they would be looking at the differential cost.  Commissioner Pritchard inquired if electric bills would go up $20 a month; with Mr. Sanderson responding it would be impossible to give a number.  Commissioner Pritchard commented on DEP.  Mr. Sanderson stated he has found the personnel at DEP to be knowledgeable, competent, professional, and unbiased in the way they approach problems; but his frustration has been the lack of speed.  Commissioner Pritchard inquired about the measurements taken at discharge and whether they are less than the threshold and what Dr. MacIntosh reported.  Mr. Sanderson responded he has not been able to ascertain the in-depth analysis of the report, so he cannot answer that now; but what actually comes out of the stack is monitored 24 hours a day, seven days a week, and not only are they in compliance but they are significantly below the levels.  He commented on emissions charts, corporate philosophy, data, and pride in employees. 

 

Commissioner Pritchard stated Mr. Sanderson commented on the measurable levels at the stack; and inquired if those levels compare with what was measured at Fay Park.  Dr. MacIntosh responded there are two different measures; he would guess that the data presented for sulfur dioxide emissions, which were shown as a blue line, comes from the continuous emissions monitoring conducted by FP&L; and they obtained that information from an EPA database.  He stated what FP&L measured was pounds per hour; and what they measured at Fay Park was concentration, which is the amount of SO₂ and particles per unit of air rather than a rate, so they are two different things; but they do see a strong correlation between the two.  Commissioner Pritchard inquired if it is DEP or EPA; with Dr. MacIntosh responding the utility reports to the State, which reports to the EPA.  Commissioner Pritchard inquired if Dr. MacIntosh measured a level at Fay Park that he considered unacceptable, how can DEP or EPA come up with a standard they would consider acceptable but exceeds Dr. MacIntosh’s standard.  Dr. MacIntosh stated the levels they measured are not inherently unacceptable; unacceptable would be defined by the ambient air quality standards and the legal limit; and the monitoring they conducted was not able to assess what is called attainment.  He stated there are very specific protocols for collecting that data and specific time periods; and that was not the objective of the preliminary study, which was to see if there were any preliminary impacts from the plants.  Commissioner Pritchard stated for Dr. MacIntosh to indicate there is an impact without having a standard to determine the level of impact does not tell him anything.  Dr. MacIntosh stated he would agree; the levels they measured were higher than what they would predict; and the permit was derived through modeling or by analogy, meaning what was permitted in other locations at other times.  He stated it may be, based on the difference they are seeing between the measurements and modeling, that the unique combination of emissions and meteorological conditions produced unique concentrations of the substances in the air in the Port St. John area; they measured at one location for a very finite period of time; but there are an infinite number of days, hours, and sites for which they do not have data, so there are a lot of unknowns. 

 

Commissioner Carlson inquired if Dr. MacIntosh had access to the data Mr. Sanderson was talking about; with Dr. MacIntosh responding he does not know for certain whether the archives data he received was the continuous emissions monitoring data, but it could be that.  Commissioner Carlson stated those numbers are for emissions, not concentrations on the ground, so what Dr. MacIntosh is measuring is different than what Mr. Sanderson’s plant has to measure for the regulatory process, so it is apples and oranges.  She stated they are looking at the compound effect of two plants; and her concern is DEP should be looking at the two plants rather than any one singular plant and the accumulation of material on the ground, which is what will eventually get into people’s lungs.  She stated she appreciates Mr. Sanderson being present; this is not about FP&L, which has been a good community partner; but there should be some concern about the implication of the dual emissions of both and the accumulation on the ground.  She stated that is not FP&L or Reliant’s problem; it is DEP’s problem; and it should be looking at this.  She stated whether that affects either plant in the long-term, nobody knows; but there is the possibility of suits occurring when the pollution is associated with health issues.  She stated the Board needs to pursue DEP’s initial interest in seeing if it would go farther since there is some data. 

 

Chair Voltz stated the Board needs to allow FP&L to come back with their results in 60 days so it can look at both sides and see if it came up with the same information. 

 

Commissioner Carlson inquired what kind of study will FP&L be doing; with Mr. Sanderson responding FP&L will be looking at the study that was presented today; it will look at the data that was gathered and the manner in which it was gathered and the conclusions that were drawn from that data; and they will comment on that.  He stated they are not going to do a repetitive study, just an analysis of the manner in which the study was conducted and the conclusions were drawn.  He stated with or without the County joining in, FP&L will go to one of the major universities, bring the raw data, and request an analysis; and if the County joins in on doing this, they can jointly select the third party. 

 

Commissioner Colon stated for FP&L to do the study would be like the fox guarding the henhouse; inquired if the data came back and showed the plant is hurting the citizens, would FP&L take the proper action; and stated the only action that could be taken so people would take them seriously would be to go to court.  She expressed frustration; and stated it all comes down to dollars.  She stated the only way to get a company such as FP&L to pay attention is by going full force; that is when all the data will be gathered; and that will let the company know the County is serious.  She stated someone needs to do something; and she feels that her hands are tied.  She stated FP&L needs to realize the Board will not be taking any data coming from FP&L. 

 

Mr. Sanderson advised that is why in addition to their study they are going to an independent third party for an objective analysis; and reiterated his invitation for the County to join in selecting the third party.  He stated it is not all about the dollars; it is about responsible corporate behavior; and he would not work for FP&L if he did not feel proud about how they took their responsibility.  He advised they live in Brevard County; their families and neighbors breath the air; and some of the people the Board will be hearing from today have been embraced in the community advisory panel.  He stated their goals are to be a responsible corporate citizen, provide electricity in a safe and responsible manner, and to be responsible for the rates the customers pay.  He stated every one of his peers is as much concerned about the quality of performance as they are about the dollars.

 

Commissioner Colon stated if the corporations are that serious about being partners, then they can reimburse the County for the study it just did.  She commented on true partnership, not going to litigation, a million dollars worth of research, caring about the community, and third party selected by the County.  Mr. Sanderson encouraged the County to get a third party analysis.  Commissioner Colon stated they will do whatever is necessary to get a comfort level that the people are safe; it is going to cost money; and inquired if FP&L is willing to pay for studies, surveys, in-depth studies, and comparison of the hospitals in the County to see why Port St. John has the highest percentage of respiratory problems.  She stated if FP&L is willing to partner on those things with dollars, it would show true faith. 

 

Mr. Sanderson stated there are two basic premises; one is that there is a significant problem; and the second is that FP&L is responsible for it.  He stated from the data they collect on an
ongoing basis and all of their efforts that have resulted in being far below what DEP has established as safe levels of operation, FP&L does not feel there is a problem that it is responsible for in the community; but if there is a confluence of emissions that has come there, all he can say is that FP&L’s emissions are so well within the acceptable range as defined by the agency charged with doing that, that it feels it is running a safe operation at the plant.   Mr. Sanderson stated FP&L will continue to make incremental improvements; but right now it is running a safe operation. 

 

Commissioner Colon inquired if Mr. Sanderson is willing to talk to his bosses about paying for future studies; with Mr. Sanderson responding he will pass it on, and it will be included in the discussions that will surround the analysis of the manner and the data that constitutes the study.

 

Commissioner Scarborough stated this started because the County was considering litigation against FP&L; advised of the Board’s ability to meet in Executive Session; and commented on what has been suggested to partner with FP&L.  He stated that is not acceptable if the County is going to litigation.

 

Commissioner Colon inquired should the Board just move forward; with Commissioner Scarborough responding the Board should listen to the rest of the speakers and then come back and discuss where it wants to go. 

 

Amy Tidd, representing the Turtle Coast Sierra Club Group, expressed concern about the safety hazards of the two plants; and stated the study shows additional PM₂ levels and sulfur, so there is data that can be used.  She expressed appreciation for the study; and commented on the history and operation of the FP&L and Reliant plants, operation of new plants, subsidizing electric bills of others, death rate in five-mile circle around the plants, and air pollution controls, repowering.  She requested the County not give its data to the company causing the pollution, but move forward with Option 1 and legal steps. 

 

Commissioner Colon advised anything the County gets is public record information; and inquired if the decisions the Board makes today will be public record information.  Attorney Knox stated there is an exemption from the public records law for any information prepared at the direction of the attorney in anticipation of litigation where the mental impression or strategy of the agency or the attorney would be discoverable, so to the extent the raw data being discussed falls within that category, it may be exempt, but anything presented today will be available. 

 

Ms. Tidd commented on the cost and adding such costs to the lawsuit.    

 

Jessie Fleming stated 90% of what he heard today, he has heard since 1987; and commented on personal health issues.  He advised of spending time outside and being in the direct route of the FP&L power plant; and encouraged the Board to move forward with the lawsuit and include information from hospitals other than Parrish Medical Center. 

 

Maureen Rupe advised of the history of the issue, requests for study of combined pollution from both plants, rates of lung cancer and respiratory issues in Port St. John compared to the County
and the State; and costs for people with chronic lung disease.  She encouraged the Board to include funding in next year’s budget and provide data that is legally defensible.

 

Commissioner Scarborough inquired how much is the annual expense for one person; with Ms. Rupe responding $346,000 while they have chronic lung disease.  Commissioner Scarborough commented on cost efficiency and impacts to families.

 

Doug Sphar requested the Board proceed with the recommendations of the consultant to more completely characterize the effects of the power plants on air quality; and commented on permitting of Oleander power plant and other Title V businesses.  He stated Sierra Club requested DEP require ambient air monitoring in the County of all criteria air pollutants; but DEP said such monitoring was not needed because the pollutants were regional.  He stated Dr. MacIntosh’s data seems to show that higher concentrations can occur locally, which warrants further monitoring. 

 

Michael Myjack told a story about a Texan and a lobbyist; and stated it is necessary to ask the right questions.  He commented on the analyst, misunderstanding in how the data was presented, making complex things simple enough for the average person to grasp, and problems with the models.  He stated the County has to solve the problem; it cannot do that if the data is not independent and maintained by the County; and recommended going forward with the study and the lawsuit.  

 

Walter Pine stated he said the study would not work, and it has not; and commented on his father dying of lung cancer, having nothing to do with FP&L.  He stated people are dying; the information the Board currently has is not sufficient to prove causation; he is not saying the Board should not go to litigation; commented on jumping out of an airplane; and advised one avenue of action is not sufficient.  He stated if the Board chooses to go to lawsuit, he would suggest also going to the Public Service Commission; and although everyone may be doing everything right, all the pollutants are going on one small area where they normally would be diffused in a larger area.  He stated for this set of power plants, the standards are not stringent enough; changing fuels will make a difference; and suggested pursuing every possible avenue to bring about change of standards and fuels. 

 

Attorney Knox stated if the Board wishes to pursue this further, it will have to have the science to support the link between the emissions and the health issues; the first step was taken to identify whether there is a problem; and the answer came back that there is a problem worth looking into.  He stated the second thing is the Board has to ask DEP to step in and do something; if DEP refuses, that is fine; but the Board will need to know whether DEP is going to take any action before it pursues a nuisance suit.  He noted if DEP chooses not to take action, it will enhance the nuisance case because there are inadequate standards based upon what they have been hearing from the consultant.  He stated the final thing the Board will have to decide is if it wants to make the raw data that went into the study available; it is exempt under the public records law; and that is an issue that could be defended successfully. 

 

Chair Voltz stated while the Board may need to move forward, she does not want to spend the next ten years studying; and inquired what is the most efficient route and how quickly can it be
done.  Attorney Knox recommended following the advice of the consultant; and commented on litigation with FP&L.  He stated the Board can pursue something with DEP to see if the rules can be changed in specific circumstances where these kinds of problems exist.  Chair Voltz inquired how would they go about doing that.  Attorney Knox advised the Board may want to ask the consultants to see whether they could help propose a rule that might allow that to happen; and it may not be too much additional cost to get them to formulate something as they are developing the other information. 

 

Discussion ensued on retroactive actions, phase-out rule, need for further analysis and objective data, DEP being appropriate agency to step in, concern about level of standards, and whether data and results from DEP could be used at a future date. 

 

Commissioner Pritchard inquired what is best for the County; and stated the County can do things concurrently.  He stated the consultant has provided enough objective data to show there is a recognized problem and there are increases in sulfur dioxide and other particles; and he is not hesitant to move forward in a dual capacity; but requested an opinion on whether the Board will get the reliable information it needs if it spends another $200,000 or $300,000.   Dr. MacIntosh stated the quality of the data is paramount; if the State collected the data, the Board would be assured that the State would have to acknowledge the results as being valid; and if a third party such as EH&E, Inc. performed the monitoring on behalf of the County, the Board would want the third party to engage DEP in the design, approval of protocols, and get assurance that the State would accept the data as valid.  He stated there are established protocols for collecting the samples to determine if an area is in attainment with the ambient air quality standards; with adequate records, it will be possible to show that protocols were followed and it was found that the area was in attainment with the standards; and that mechanism for producing some change in the air quality is then probably not available to the County any more and it may meet the nuisance standard.  He stated the concentrations that were measured at Fay Park are the product of emissions from all possible sources because they measured concentrations in ambient air; they are not measuring pollutants coming out of the stack like FP&L or Reliant are doing; so the study needs to be designed to trace the concentrations back to the source.  Commissioner Pritchard stated he is not interested in investigating the data that was obtained; and commented on previous studies.  He stated the Board needs to move forward on a parallel course; and inquired whether Mr. Knox thinks the methodology Dr. MacIntosh would employ is the way to go.  Mr. Knox responded there is one step that has to be worked in, which is to show there is some link or causation between the health issues and the data that Dr. MacIntosh comes up with; and that is where the nuisance comes in, so the link has to be in there somewhere.  Commissioner Pritchard inquired if Parrish Medical Center was the only facility where Dr. MacIntosh inspected the records; with Dr. MacIntosh responding yes.  Commissioner Pritchard stated one gentleman mentioned he did not go to Parrish Medical Center; and inquired what Dr. MacIntosh can do to show the relationship with health issues.  Dr. MacIntosh advised there are at least three approaches available, two of which are true health studies where they would look at health records or the actual health of people going forward in time; and commented on methods to do that.  He advised of limitations; and stated they will not
have a good idea of the exposure to the pollutants because they are looking back in time at what were the concentrations in the air, and the standard model does not do a very good job of that, so they would have to employ a more sophisticated model.  Dr. MacIntosh noted more sophisticated models exist; he cannot vouch for their accuracy without having evaluated them in this location; and that is a limitation of the retrospective design.  He stated the prospective study, going forward, could be done in a couple of ways; they could combine hospital records with air pollution measurements and try to link the two; or they could study real people’s health in conjunction with concurrent air pollution measurements, which is a powerful approach.  He stated the third approach is pure modeling; their initial dialogue with Attorney Knox was based on this; and they would use a model to predict air pollution concentrations from a source and use existing epidemiological knowledge to predict the number of health outcomes associated with the pollutant concentrations.  He stated they could assign dollar values to that; EPA does that when it does benefit/cost analysis for regulations under the Clean Air Act; but the models may not be very reliable without further evaluation, so for causation, he would not recommend that.  Commissioner Pritchard inquired how long would a study take with health-related issues going further with more measurements on pollutants; with Dr. MacIntosh responding the elements are the number of people that would be in the study and the change in air pollution levels from day-to-day or season-to-season; and estimated it may take a year to finish from the time they start it.  Commissioner Pritchard stated the County is already a year or two into it; and he would like to move as quickly as possible.  He stated he realizes Dr. MacIntosh has to gather the objective data; Mr. Myjack says the models are inadequate; and inquired how they can come up with adequate models.  Dr. MacIntosh advised they will test them; and explained how such testing could be done. 

 

Commissioner Colon stated she cannot believe Brevard County is the only community that has been in this position; and commented on getting political with DEP.  She stated the Board has been given lip service; and either the Board is going to go to litigation or not.  She inquired if Dr. MacIntosh’s firm has been able to testify on behalf of communities; with Dr. MacIntosh responding based on the modeling results he spoke about as the third approach, they have testified before the Public Service Commission of the State of Wisconsin on a permitting matter for a power plant.  Commissioner Colon inquired if Dr. MacIntosh was representing the power plant; with Dr. MacIntosh responding no, a representative of the community.  Commissioner Colon reiterated the County is not the only one experiencing this; and the Board should hire someone who has been in that position before and knows what the courts are going to be asking for.  She commented on paying for additional studies, going to litigation, frustration, and how long it will take for an issue to go through the court process.  Mr. Knox stated Dr. MacIntosh is an expert; but if the County is going to go into court against Goliath, it will need a stone. 

 

Discussion ensued on cost of litigation, commitment of the Board to follow through, suit against DEP to create new rule for multiple power plants in a vicinity, study of multiple power plants on the Potomac River, need for scientific basis, no link to FP&L and Reliant, and consultant’s recommendation to approach DEP to do the study.

 

Motion by Commissioner Carlson, to accept the consultant’s recommendation to approach Florida Department of Environmental Protection to do the study. 

Commissioner Scarborough stated he will not support the motion to go to DEP independent of what has been suggested by the consultant; the consultant has said they could proceed with the models and get the models agreed to by DEP; and if the Board just goes blindly with the report, it will come back in six months and find it has not obtained what it wanted.  He stated the Board cannot do anything with DEP without the consultant; Mr. Knox is saying not to file the lawsuit; and the issue is the money.  He stated it is taxpayers’ money, but it is taxpayers who are being impacted by this; and commented on the budget and transfer of money from the Tax Collector.  He inquired what would the Board need to fund between now and November 1, 2006, if they proceeded immediately; with Dr. MacIntosh responding they were envisioning additional monitoring beginning no later than August 1, 2006 to capture the peak electricity demand period. 

 

Discussion ensued on costs, scope of service, budgetary issues, and phased approach. 

 

Dr. MacIntosh estimated Phase 1 would be approximately $35,000; part of that phase is to have a dialogue with the State; and the timeline will depend on the State, but estimated it could be 60 days.  Commissioner Pritchard commented on the timeline; and inquired what is the cost for Phase 2.  Dr. MacIntosh stated that is deciding what the Board wants to do next based on the State’s response, so there is very little cost.  Commissioner Pritchard stated by the first part of July, they might move into Phase 3, which will be implementing decisions.

 

Commissioner Scarborough stated he wants to have a monetary commitment, not a discussion; and commented on the process. 

 

Discussion ensued on the timeline; budgetary issues; need for reliable objective data; DEP developing reliable standard; health, safety and welfare of community; and commitment. 

 

Commissioner Colon stated she is uncomfortable that data was only gathered for two weeks; and inquired at what point will the Board feel comfortable to go to litigation; with Attorney Knox responding when Dr. MacIntosh and his colleagues and firm have enough data to formulate an opinion that there is a link between the health issue and the emissions, they will be ready to go.  Commissioner Colon stated the firm does not have experience with other communities in gathering this data; with Attorney Knox advising that is not what Dr. MacIntosh said.  Attorney Knox stated the response was to the question of when they testified in this type of circumstance.  Commissioner Colon inquired if Dr. MacIntosh has a lot of experience helping communities against the big guys; and stated if the Board  needs expert testimony, it needs to be sure it is talking to the right expert.  Dr. MacIntosh responded the firm has been engaged by counsel for State governments who have pursued litigation against power plants, but he is not at liberty to talk about those matters at this time. 

 

Commissioner Scarborough inquired if there is any firm Attorney Knox would be more comfortable as an expert; with Attorney Knox responding he did a lot of searching before bringing on EH&E, Inc.; and the firm is affiliated with some of the top scientists in this area of study.  Dr. MacIntosh stated the specialty of the experts that Mr. Knox refers to is community based monitoring.

 

Commissioner Carlson stated her motion was to go by the consultant’s recommendation with a caveat, which is what Commissioner Scarborough would like, to back it up with money.  She stated the consultant would go to DEP, advise of the things it wants to monitor, and check on the protocols and those sorts of things, so they will be sure DEP will approve of the way this is done; and then the Board will go out with the support of the community and the money it takes to monitor, and monitor and get the data that will be supportable in a court of law.  She stated under Phase 1, it says commission the design of an epidemiological study of respiratory morbidity; that is what the consultant would be asking DEP for; and Dr. MacIntosh is saying it will cost $35,000 to talk to DEP.  Dr. MacIntosh stated he would ask DEP to conduct the air quality monitoring, not to design the study, because he does not think DEP would do that.  Commissioner Carlson stated the monitoring would be the additional cost; and on top of that the study would have to be taken on as well in Phase 1. 

 

Commissioner Scarborough stated what would be good today would be to direct Attorney Knox come back with a scope of service and direct the County Manager to communicate with the Tax Collector for the transfer of $300,000, and that will allow the Board to get into the scope of service and the particulars. 

 

Commissioner Carlson withdrew her previous motion.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the County Attorney to report to the Board on a scope of services necessary to address the air quality issue; and direct the County Manager to communicate with the Tax Collector for the transfer of $300,000 to the Board of County Commissioners.  Motion carried and ordered unanimously. 

 

 

The meeting recessed at 3:56 p.m. and reconvened at 4:05 p.m.

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating raw waterline, well site, and utility easements along Australian Way, as petitioned by Creech Engineers, Inc.

 

There being no comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution vacating raw waterline, well site, and utility easements along Australian Way, as petitioned by Creech Engineers, Inc.  Motion carried and ordered unanimously.  

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating drainage easement and acceptance of drainage easement in Carriage Gate Subdivision, as petitioned by Andrew P. Waterman.

 

There being no comments or objections, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution vacating drainage easement in Carriage Gate Subdivision, as petitioned by Andrew P. Waterman; and accept new Easement.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating Seminole Street in Scottsmoor, as petitioned by Robert and Eleanor Brown and Ronald and April Westberry. 

 

Commissioner Scarborough stated there are some problems with some remaining issues; and it would be best to approve this conditioned on contingencies being met. 

 

Richard Stadler, representing the applicants, stated he has a letter outlining the conditions; and they agree to meet the conditions. 

 

Commissioner Scarborough inquired if staff has seen the letter.  Transportation Engineering Director John Denninghoff advised the conditions are acceptable.

 

There being no further comments, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution vacating Seminole Street in Scottsmoor as petitioned by Robert and Eleanor Brown and Ronald and April Westberry, contingent on meeting submitted conditions.  Motion carried and ordered unanimously.   

 

 

 

Chair Voltz called for the public hearing to consider resolution vacating a portion of a public utility and drainage easement in Baytree PUD, Phase 2, as petitioned by Colonel Richard S. and Dr. Phyllis Mather.

 

Transportation Engineering Director John Denninghoff advised the concerns have been resolved; they have applied for a permit; and assuming the vacating takes place, enforcement action will be suspended. 

 

There being no further comments, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating a portion of a public utility and drainage easement in Baytree PUD, Phase 2, as petitioned by Colonel Richard S. and Dr. Phyllis Mather.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider the First Amendment to Joint Planning Agreement with the City of Melbourne for joint planning and review area. 

 

There being no comments or objections, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to execute First Amendment to Joint Planning Agreement with the City of Melbourne for joint planning and review area.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider the ordinance creating Morningside Drive Paving Municipal Service Benefit Unit. 

 

Len Phillips stated five years ago the homeowners gave up easements and pooled their money to build a preliminary road so the properties would be buildable; before the Board is the MSBU to pave the temporary road; and advised the proposed road will not be wide enough for the volume of traffic.  He stated there were six property owners, but now there are ten; what is proposed is a 16 to 18-foot road; garbage trucks will not be able to get down the road; and requested the Board reconsider the MSBU proposal and direct staff to redesign the road, moving it to the north to take care of a drainage swale.  He stated the property owners are going to pay for the road, but they would like something that is worth their money.     

 

Chair Voltz suggested speaking to staff to see if this is possible. 

 

Commissioner Pritchard inquired if this is the consensus of everyone who is present; with members of the audience indicating concurrence. 

 

Road and Bridge Director Billy Osborne advised there would have to be a complete redesign of the roadway; and before they did that, they would have to survey all the property owners to see if there is 66 2/3% interest in doing this.  He stated changing the roadway will change the assessment of each of the properties; so there is more work involved.

 

Chair Voltz inquired how many property owners are represented here today; with Mr. Phillips responding six of nine households.  Mr. Osborne advised when this was first done as an unpaved road agreement there may have been a reason why there was an 18-foot road proposed because of the right-of-way issue; and he cannot say today that there is appropriate right-of-way to do a 22 or 24-foot roadway, so he will need to look into it. 

 

Commissioner Pritchard inquired about shifting the road to the north, and who owns the property to the north.  Mr. Phillips responded the County owns the property to the north; the ditch is inside the County right-of-way, which has to be resolved; when the road was initially built, the north side was wetlands; and the County permitted two additional properties to be built there, which makes those properties into play.  He stated they would have a vested interest in moving the road to the north.  Commissioner Pritchard stated they may not want that because they may lose some of their property.  He stated if they move into the ditch area, it may have to be piped; and that will add to the cost.  He stated he is hard pressed not to go with what the neighbors would like; but they do not know what the ramifications will be by shifting the road four feet to the north; and suggested bringing it back at the next meeting. 

 

Don Egendoerfer stated his is the first house that was built beyond the County-approved road; the County owns 17 feet beyond the ditch; and he has the proof showing this.  He stated the ditch is built in the wrong place; and described the ditch, the proposal, and item missing from the Plat Book.

 

Chair Voltz requested staff make a copy of the missing item.

 

Commissioner Pritchard inquired if Mr. Osborne is aware of the 17 feet; with Mr. Osborne responding no.  Commissioner Pritchard stated the Board needs every piece of information that Mr. Egendoerfer has; and requested he come to his office.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to continue the public hearing to consider an ordinance creating Morningside Drive Paving MSBU to the April 25, 2006 meeting to allow Road and Bridge to conduct a study.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Chapter 86, Article III, Roads and Bridges Permitting of Uses in Rights-of-way and Easements.

There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt an Ordinance amending Chapter 86, “Roads and Bridges”, Code of Ordinances of Brevard County, Florida; amending Article III, Division 1, Division 2, Division 3 specifically amending Sections  86-66, to revise the definitions and adding paragraphs for exhibits and purpose; amending Section 86-67 to clarify and establish the penalty for working without a valid permit; amending Section 86-68 clarifying  emergency repairs or removal procedures; amending 86-69 (a) to include reference to additional Codes, exhibits and FDOT standards, amending (c) establishing measured distances on driveways creating a new subsection (d) requiring maintenance of traffic and creating a new subsection (c) which is renaming Section 86-70; amending the renamed 86-70 (a) to correct errors and provide new criteria for inspection, installation, maintenance, permits length; establishing criteria in subsection (b) for driveways unassociated with building permits and creating review and extension requirements; establishing a new subsection (c) for commercial and industrial driveways, establishing application, construction, installation, inspection, bonding and as-built requirements, creating a review period, permit time frames, installation requirements, and contractor licensing requirements; amending Section 86-71 (a) allowing owners to install storm sewers, substituting land development section for coordinating evaluation, amending (b) to provide permit terms and creating a new subsection (c) establishing the Road and Bridge Department as the responsible agency for maintenance of easements and rights-of-ways creating Section 86-72 entitled “Utilities” and establishing permitting and issuance criteria; amending Section 86-101 removing Public Works Department and adding Land Development Section as the responsible agency; amending Section 86-102 by removing Public Works Department and adding Land Development Section and adding requirements; amending Section 86-103 adding revisions to the section title, removing Public Works Department and adding Land Development Section, adding revision paragraph and application procedure; amending Section 86-104 to include all right-of-way improvements; renaming Section 86-105 “bonding requirements”; establishing Section 86-106 waivers, creating the conditions and criteria under which a waiver may be requested creating Section 86-107 appeals which states the conditions under which an appeal may be requested and the length of time to request an appeal.    Motion carried and ordered unanimously.   

 

 

 

Chair Voltz called for the public hearing to consider a resolution revising fare structure for Space Coast Area Transit Services.

 

Motion by Commissioner Carlson, to adopt Resolution revising fare structure for Space Coast Area Transit Services.

 

 

Amy Tidd commented on the transit study and less people using mass transit if prices are raised.  She expressed opposition to the fare increase and support for the fixed day fare.  She recommended approving the recommendation to target large employers and offer discounted passes. 

 

Commissioner Carlson inquired if staff has approached the large employers; with Transit Services Director James Liesenfelt responding there is a commuter assistance program where
they target the employers to talk about car pooling, van pooling, fixed routes, alternative work hours, etc.; and they are scheduled to talk to Health First next month.  Mr. Liesenfelt stated they have sold passes to various places; and commented on passes and actual costs of rides.  He stated the study showed that ridership would go down approximately 8 ½% with a 25-cent increase; and the study recommended keeping the rate the same unless the Board is looking at it for revenue purposes.  He commented on increased fuel costs, growth of the system, and increased ridership. 

 

Commissioner Carlson inquired what percentage of the riders buys monthly passes; with Mr. Liesenfelt responding 15 to 20% of the fare revenue is sold through ten-ride or monthly passes.  Commissioner Carlson inquired if those are usually special needs individuals; with Mr. Liesenfelt responding the majority are fixed route passes; but they do sell some ten-ride passes to the paratransit riders, which is a convenience factor. 

 

Commissioner Carlson withdrew the motion.

 

 

Commissioner Carlson stated the Board may want to re-look at the actual cost and come back with analysis of larger corporations that can be offered discounts; and stated they should be increasing transit.  She stated if they need additional budgetary allowances for increased fuel costs, that should be done versus increasing costs to the rider. 

 

Chair Voltz stated she supports it; Transit Service needs the funding; and this is not going to cut down ridership that greatly, if at all. 

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution revising the fare structure for Space Coast Area Transit Services. 

 

 

Commissioner Scarborough requested Mr. Liesenfelt bring this back if there is fallen ridership.

 

Commissioner Pritchard stated Commissioner Carlson is right on point; but he is not too sure the ridership is there to support absorbing more of the cost; and he does not know what the larger employers would do in terms of providing ridership.   Commissioner Carlson stated until they build the ridership, it is never going to pay for itself. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously.  

 

 

 

Chair Voltz called for the public hearing to consider an ordinance granting economic development ad valorem exemption for Guardian Ignition Interlock Manufacturing, Inc.

 

There being no comments or objections, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an Ordinance granting an economic development ad valorem exemption to Guardian Ignition Interlock Manufacturing, Inc., Cocoa, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Guardian Ignition Interlock Manufacturing, Inc.; providing an effective date.  Motion carried and ordered unanimously.  

 

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Ordinance 05-60, Use and Sale of Fireworks and Sparklers. 

 

Commissioner Pritchard stated this is a clarification of the Ordinance because the State Attorney expressed concern about enforcement.  He stated they reinforced the definitions. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida amending Ordinance No. 06-60 pertaining to the regulation of the use and sale of fireworks and sparklers; amending Section 1 by creating a definition for ceremonial; amending Section 5 by making it unlawful to sign false affidavits and adding required proof for exemptions including ceremonial and military; adding a reference to Section 12; amending Section 14(a) by deleting certain penalties; providing for ratification and incorporation by reference; for territories embraced; providing for severability; providing an effective date.

 

 

Commissioner Carlson stated she received a lot of information from Phantom Fireworks; and read aloud a sparkler safety tip instructing people to follow local and State laws.  She stated the County Ordinance mimics the State law.  County Attorney Scott Knox stated the Ordinance mimics the State law, but the problem is the State law does not define what a ceremonial use of fireworks for sports or athletics is, so that has been defined. 

 

Chair Voltz advised she only supports the changes; and called for a vote on the motion.  Motion carried and ordered; with Commissioner Colon voting nay. 

 

 

 

Steve Jack, President of the Mims Community Group, submitted maps showing new boundaries; and stated they are in compliance with what the City of Titusville would like to see.  He stated in 1963 when Indian River City was dissolved, there was a legislative decree that Titusville would not go north of Parrish Road, nor south of Kings Highway; those have been established as the boundaries on the east side of I-95; but on the west side of I-95, the boundaries will be Dairy Road going all the way to the St. Johns River; and on the north the boundary will be Flounder Creek Road.  He stated the east boundary of Mims will be the Indian River Lagoon; the west boundary of Mims shall be the Volusia County line; the southern boundaries are what he just described; and the northern boundary will be the center of Flounder Creek Road, proceeding west to Volusia County line.  He stated there are the best of the suggested boundaries.  

 

Thelma Roper stated the last time they were before the Board Mr. Jack said they did not live in the area; but they do and she also owns another parcel in the area, so she does have a vested interest.  She stated only one county in Florida has paid for an incorporation feasibility study; and that is Brevard County.  She commented on other studies, who paid for the studies, and prices of various studies; and advised she was disturbed when she found out that Brevard County was the only county to pay for such a study, especially when she found that none of the ones funded by Brevard County have passed.  She commented on concern about money being spent, study being done by the group, and inappropriate use of funds; and stated it should not be done.

 

Chair Voltz inquired if Ms. Roper has a copy of the study showing that Brevard County was the only county paying for a study; with Ms. Roper responding she got the information from Lynn Tipton with the League of Cities. 

 

Walter Pine stated he and Ms. Roper oppose the incorporation; he has four generations in that area and a family homestead; and he has children and grandchildren in that area.  He commented on receiving no emails, opposition to the study, Institute of Government’s willingness to work with communities that wish to incorporate, boundaries, Scottsmoor being an incorporated city, and not meeting statutory requirements.  He expressed opposition to the incorporation; and outlined his reasons, including financial impacts. 

 

Chair Voltz stated there are four statutory requirements for an area to become a city; and any of those can be waived by the State Legislature. 

 

Commissioner Scarborough advised precedent has been set in the past to fund studies for incorporation; and commented on the boundary map, which is in accordance with the City of Titusville’s suggestions.  He advised such matters are controversial; and the Board’s role is not to take a position but to allow for collection of proper data by credible people, so there can be discussion.   

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve proceeding with the Mims Feasibility Study based on the revised boundaries. 

 

 

Chair Voltz recommended Mr. Jack talk to people in South Brevard about errors that were made when the same person did the South Brevard study. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously.   

 

 

 

Clerk of Courts Scott Ellis advised the issue is the $1.5 million purchase of a 13,700-square foot EEL’s building; and inquired how many maintenance people will be in the building.  He commented on  faulty lease-buy analysis that is skewed toward buying the building, and lack of such a facility for Parks and Recreation Department. 

 

EEL’s Manager Mike Knight advised the facility would be largely administrative; right now they require space for 20 people; and commented on completion of four management centers and hiring personnel as the centers come online.  He stated he will have to look into the lease versus purchase issue. 

 

Walter Pine commented on buildings being rented out at minimal cost, tax dollars subsidizing non-governmental organizations, synergistic buildings, consolidation of activities for economic savings, and choosing the best option. 

 

Thelma Roper commented on not voting to spend money on administration, discrepancy in square footage in building descriptions, voter approval of land acquisition, EEL’s being government agency, and not wanting to pay for EEL’s to become its own entity. 

 

Chair Voltz stated staff should have looked at a variety of places; she does not see an explanation of why the particular site was picked; and she is not going to support the request.  She suggested tabling the item to get more data. 

 

Commissioner Colon inquired about County policy in terms of appraisals; with Transportation Engineering Director John Denninghoff responding below $5,000, they do not do appraisals; and above that, if staff has a high degree of confidence about a value, it will ask the Board to waive the appraisal process.  Mr. Denninghoff noted the cost of an appraisal is typically from $3,000 to $4,000. 

 

Discussion ensued on appraisals, having two appraisers, request for authorization to negotiate, missing options to purchase property, consistency, and achieving a balance so as to not miss good deals. 

 

Motion by Commissioner Colon, seconded by Chair Voltz, to table consideration of permission to negotiate Contract for Sale and Purchase with Douglas P. and Britta J. Hooker for 1.17-acre parcel on Down Road in Industrial Plaza Subdivision to allow staff to provide additional information.    

 

County Manager Peggy Busacca advised of Board policy; and stated if the Board wants to table the item, it can advise of what additional information would be useful. 

 

Discussion resumed on staff following proper procedures, staff assisting EEL’s, information on other options that were reviewed, need for more backup information, cost of building renovation,
expansion into the warehouse, current use of the facility, no review by Land Acquisition Review Committee until after contract negotiation, need for justification of all sites, centralization, EEL’s Program maximum growth, leasing versus buying buildings, and reduction in number of County Departments.

 

Commissioner Pritchard commented on the number of Brevard County entities compared to Volusia County, the County getting into areas where it should not, leasing versus purchase, and need for discussion during the Budget hearings; and stated he will support the motion to table, but thinks it should be a more definitive action to deny. 

 

Chair Voltz advised of the need for additional information so the Board can make a better informed decision. 

 

Commissioner Colon commented on leasing being a double-edged sword and Supervisor of Elections having to find new space.  Commissioner Carlson commented on the cost of leasing. 

 

Discussion ensued on leasing of equipment; space needs; consolidation of Departments; requests from the Supervisor of Elections, Public Defender, and State Attorney; TDC moving to lease space; and looking for lease opportunities. 

 

Chair Voltz stated every situation is unique; and called for a vote on the motion.  Motion carried and ordered unanimously.        

 

 

 

Marilyn Collins submitted paperwork to the Board, but not the Clerk; and expressed opposition to the request to allow skateboard ramps in residential zoning classifications.

 

Margaret Lawrence read aloud a letter from Michael Jones; and expressed opposition to the request.

 

Amir Malekian stated he is the owner of the skateboard ramp; and explained why he wants to keep the ramp so they do not have to play in the street.  He advised of requirements to use his ramp including parents signing waivers, actions that could be taken to improve the ramp, and companies selling portable ramps. 

 

Chair Voltz inquired what about Mr. Malekian’s neighbors; with Mr. Malekian advising of neighbors watching them use the ramp.  Chair Voltz inquired what if there were hundreds of ramps all over the County; with Mr. Malekian responding he does not know why anyone would build their own ramp if a neighbor already had one.  Mr. Malekian commented on the cost to construct a ramp. 

 

Commissioner Carlson inquired why are they not using the skateboard park; with Mr. Malekian advising of the sizes of the ramps at the park and inability of lesser skilled individuals to use the park. 

 

Chair Voltz stated this is opening a Pandora’s box. 

 

Commissioner Carlson suggested contacting Satellite Beach to see if it would be interested in the ramp so others could use it as well; and commented on setting precedent.  She inquired about regulation of portable ramps; and creation of an attractive nuisance. 

 

Commissioner Colon commented on Code Enforcement being called to look at the ramp; and expressed pride in Mr. Malekian’s presentation.  She stated there is no support to approve the request; but staff will work with Mr. Malekian to save the ramp.  She stated if Satellite Beach says no, maybe the County can help out. 

 

Mr. Malekian suggested putting the ramp on the side of the house and soundproofing it.

 

Commissioner Carlson advised of the need to know the rules and regulations of a community before going forward with a project; and commented on the impact to the neighborhood. 

 

Discussion ensued on contacting Satellite Beach, saving the ramp, and working with Parks and Recreation.

 

Laura Malekian inquired about the report; with Planner Ryan Rusnak responding the Commissioners have been provided with a copy of the report, and he will provide a copy to Ms. Malekian.  Ms. Malekian advised of use of the ramp, moving ramp to the backyard, noiseproofing, plans sealed by architect or engineer, cost for CUP, intent of rules to not have skateboard ramps, various ramps for sale, and problem not going away. 

 

Discussion resumed on need to make rules, other ramps in County, rules for portable basketball goals, and regulation of ramps four feet or greater in any dimension.    

 

 

*Commissioner Colon’s absence was noted at this time.

 

 

 

Transportation Engineering Director John Denninghoff advised this is consideration of exchange of 3.65 acres adjacent to the Government Center that is currently owned by A. Duda & Sons for a parcel owned by the Board, which is 4.55 acres located further to the east, adjacent to Lake Andrew Drive, and across the street from The Avenues.

 

Commissioner Pritchard stated it is in the County’s best interest to do this. 

 

Discussion ensued on getting re-appraisals, time and cost of appraisals, value of properties, and possibility of A. Duda & Sons losing interest in the exchange.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve a request from A. Duda & Sons for an even exchange of Parcels A and B in Viera, located in the vicinity of the Government Center, contingent upon the administrative rezoning of the County’s parcel from GML to BU-1. 

 

 

Commissioner Scarborough commented on the values of the properties; and advised he will not support the motion.

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered; Commissioner Scarborough voted nay and Commissioner Colon was absent. 

 

 

*Commissioner Carlson’s absence was noted at this time. 

   

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Option 2 for paving of Nugget Street, that roads can be developed utilizing the MSBU program for road paving; MSBU staff will re-survey all property owners with projected costs associated with improvements; and require 66.67% of the property owners to be in favor of the project.  Motion carried and ordered; with Commissioners Carlson and Colon being absent.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution adopting the State Housing Initiatives Partnership (SHIP) Program Local Housing Assistance Plan for FY 2006-07, 2007-08, and 2008-09; authorize the Chair to sign the State Certifications; authorize the Housing and Human Services Director to submit the Plan to the Florida Housing Finance Corporation (FHFC) and sign any amendments the FHFC determines are necessary to meet the requirements of Chapter 420.907, F.S.; and authorize Housing and Human Services to advertise a public hearing on the availability of SHIP funds.  Motion
carried and ordered; with Commissioners Carlson and Colon being absent.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve request of J. Stanley and Carol H. Payne for waiver of educational facilities impact fee for property at 1403 Vestavia Circle, Melbourne, Florida.  Motion carried and ordered; with Commissioners Carlson and Colon being absent.  

 

 

*Commissioner Carlson’s presence was noted at this time.

 

 

 

Permitting and Enforcement Director Ed Lyon stated he got additional information yesterday, but still has questions; and recommended the Board approve the item with condition that the applicants meet all requirements of the Ordinance.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve request of Jim and Kim Mooney for waiver of educational facilities impact fee on property at 3320 Dairy Road, Melbourne, contingent upon verification of necessary paperwork to insure all requirements of the Ordinance are met.  Motion carried and ordered; with Commissioner Colon being absent.   

 

 

*Commissioner Colon’s presence was noted at this time.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to waive a 15-foot buffer tract on Lot 11 in Cobblestone Subdivision as there is a 60-foot wide unimproved public road right-of-way along the northern side of the proposed lot, which acts as a natural vegetative buffer.  Motion carried and ordered unanimously. 

 

 

 

Walter Pine commented on discrepancy between what was requested and what was provided, inability to get copies of enabling documents, issues with maps, and federal lands depicted on maps. 

 

Discussion ensued on cities depicted in white on the map, cities able to designate their own comprehensive plans, and County enclaves. 

 

Thelma Roper commented on the direction to show all conservation lands, and the need to do more work on the maps.

 

Commissioner Scarborough read portions of letters from Air Force and NASA objecting to designation of federal lands as conservation lands; and commented on showing how items are designated and joint planning with cities. 

 

Commissioner Pritchard commented on showing the lands set aside for conservation, 72% of the County never being developed, no jurisdiction over federal conservation lands, and need to come up with a more accurate map.  He displayed a map from the East Central Florida Regional Planning Council showing all conservation areas; and advised of support for Option 2. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to designate federal lands as recommended by the Air Force and NASA.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough stated the Enchanted Forest is in Titusville, and is not designated; and the reason is it is not within the County’s designation; and the Board would eliminate those problems if it had an integrated map. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to develop a more comprehensive integrated land use map with cities and County combined, for information purposes only and not to be used for future land use purposes in the County. 

 

 

Discussion ensued on an integrated plan. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

 

Clerk of Courts Scott Ellis read aloud the Board policy for land purchases; and stated there should be no negotiations before the Board authorizes the variance.  He commented on option deadlines, and following policy that was put in place after purchase of the Sarno Landfill. 

 

Transportation Engineering Director John Denninghoff advised there is an opportunity to provide safe and convenient access to Barnes Boulevard after it is widened; and commented on design for safe access, no excessive median openings, uncontrolled left turns, developments including Indian Oaks being forced to make U-turns, signalized intersection at Bella Vista on the south side of Barnes Boulevard, acquisition of right-of-way strips on the north side of Barnes Boulevard, and negotiations in and out of court.  He advised of finding the Woodhouse property was under contract to Michael Conn, contacting Mr. Conn to negotiate an access across the property, and Mr. Conn coming back with the suggestion to assign the contract to the County.  He stated the County did not initiate negotiation to purchase the property; and advised of recognition of an opportunity that might be lost.  He stated he requested Mr. McKnight approach the Rockledge City Council, which also serves as the CRA, to see if it would be willing to acquire from the County any properties that would not be needed for road purposes; and the Council indicated it would.  He commented on need for waiver of Board policy, independent appraisal of the property verifying value of $855,000, and reimbursement of expenses to Mr. Conn.  He stated if the Board chooses to not move forward, the road project will continue as it was previously, which would create a design that would require 1,000 units plus Turtle Creek and the future commercial development to perform a lot of U-turns on the roadway or sacrifice the design standards.

 

Commissioner Scarborough inquired about funding; with Mr. Denninghoff responding through impact fees for widening of Barnes Boulevard. 

 

Commissioner Carlson expressed concern about funding to build Barnes Boulevard; and inquired if the City would be interested as that property developed to provide a design that would be amenable to the County in terms of traffic flow so the developers who develop the property would be the ones creating the road instead of the County taking on the burden.  Mr. Denninghoff responded yes.  Commissioner Carlson clarified she is talking about if the County did not purchase the property; and inquired if the City would take some responsibility in terms of the traffic flow.  Mr. Denninghoff responded the City could not demand it, but could encourage it; the Woodhouse parcel has its own frontage and access onto Barnes Boulevard; and the approach Commissioner Carlson is referring to is the one staff started out with.  He stated staff tried to deal with the property owner, and then with the person who was about to buy the property to see if they see an advantage to moving forward in a mutually beneficial way; but it did not meet with what Mr. Conn was planning to do with the property, so he did not want to proceed with it, which was when he assigned the contract to the County.  He commented on another property owner who could block the entire idea, approaching the City to see if it would be interested in acting as a safety net to the Board in an effort to have a better and safer product, and the City taking the property other than what is needed for the road.  He advised if the Board decides not to do this, it is not a death knell to the Barnes Boulevard Widening Project, which will still move forward, but 1,000 units will be less happy.  Commissioner Carlson inquired about the net change in dollars if the property is purchased, the road built, and the property is sold; with Mr. Denninghoff responding he does not know exactly at this point because there will still be negotiation with the other property owner he referred to.  He advised of meeting with all property owners and talking to them about the basic idea, receiving
enthusiastic support from the Indian Oaks Property Owners, management of the RV Park, and the owners of the convenience store. 

 

Commissioner Carlson inquired if after the road is built the property could be reappraised and sold at market value.  Mr. Denninghoff advised the City of Rockledge has indicated it will buy it for the price that was paid for it.  Commissioner Carlson stated the Board will need to look at that when it comes to that point to make sure it gets the maximum bang for the buck; she thinks it should be reappraised and put on the market; and that is the same way the County treated the City of Melbourne.  Mr. Denninghoff advised that can be done when the time comes. 

 

Chair Voltz inquired about the provisions of the Board policy.  County Attorney Scott Knox advised it is a self-imposed set of rules that the Board gave staff, and the Board can waive those rules any time it wants. 

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to execute Third Addendum to Contract for Sale and Purchase with Michael J. Conn and Robert J. Woodhouse V for 2.23 acres needed for the Barnes Boulevard Widening Improvement Project.  Motion carried and ordered; Commissioner Colon voted nay. 

 

 

 

Ed Booth, Town Manager of the Town of Malabar, stated the Town is requesting before the County buy more land in Malabar that it study how much it will cost to bring it into compliance with the Ordinances and Zoning Code; currently the Town owns 180 acres that are environmentally sensitive; and commented on the cost of bringing the property into compliance.  He noted 75 acres was just transferred to the State by one of the developers as a requirement from the St. Johns River Water Management District.  He stated the Board looks at the MSTU and this issue as different; but the Malabar Council looks at it as similar issues; and Ms. Busacca has been trying to get the Council to come to a resolution on that.  He commented on the EEL’s Program, resources, and the MSTU. 

 

Chair Voltz advised the MSTU is a separate issue; with Mr. Booth advising the Town is working on it.

 

Mary Sphar commented on having EEL property come into compliance with Malabar Ordinances, two options listed on the Agenda Report, encouraging spirit of cooperation with the Town, resolution of problems, lands targeted by Committee, keeping process free from politics, and property rights.  She advised in the Town of Malabar 60% of the voters supported the EEL Referendum.  She recommended the County work on re-establishing a cooperative relationship with the Town of Malabar, and continue to pursue all acquisitions recommended by the EEL’s Selection and Management Committee.

 

Commissioner Pritchard commented on paying for studies for communities to incorporate but not allowing the Town of Malabar to have control over its destiny, working together with the Town, and keeping the program apolitical. 

 

Commissioner Colon inquired if the County follows the Ordinances of the communities; with EEL’s Coordinator Mike Knight responding affirmatively.  Mr. Knight commented on the Town’s efforts to create a zoning classification for conservation lands.  Commissioner Colon commented on the Town paying its fair share for law enforcement, but only having these lands as tax base. 

 

Commissioner Carlson inquired if all maintenance issues have been resolved in Malabar; with Mr. Knight responding they are on the properties weekly addressing the issues.   Mr. Knight commented on ownership of properties and inability to fully control access.

 

Discussion ensued on percentage of property off the tax rolls in the Town of Malabar, unwilling sellers, industrial property, buying properties in other jurisdictions, opportunities not taken, scrub jay property that went to a developer, moving forward with continued acquisition, bringing all lands under Town of Malabar Codes, need for cooperation of the Town of Malabar, and State ownership of lands. 

 

Mr. Knight advised the land was transferred to the State under a lease agreement; and the County is responsible for the management of the property.  He advised they are requesting a letter from the Division of State Lands to clarify. 

 

Discussion resumed on the Town’s request for the County to not buy more land, support of the referendum by the Town’s citizens, legal rights under the referendum, Town wishing lands to be brought into compliance with the Town’s Ordinances, County purchasing properties without asking the Town, and changing the nature of the Town. 

 

Commissioner Scarborough elaborated on the two options presented on the Agenda Report. 

 

Chair Voltz stated they are just identifying parcels for future purchase; and they will not purchase anything without coming to the Town and working together. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the Environmentally Endangered Lands Program to continue land acquisition efforts of all lands within the Town of Malabar that have been identified by the EEL Selection and Management Committee as having conservation value, recognizing under current policy, the Board  has the authority to deny any acquisition contract presented for approval.  Motion carried and ordered unanimously. 

 

 

 

Mary Hillberg advised of her background and education; and stated she understands the Board has implemented only part of the Transportation Impact Fee that was recommended.  She commented on growth management analysis, updates to the study, and costs of studies.  She read aloud from the Transportation Impact Fee Ordinance; and requested the Board implement  100% of the recommended Transportation Impact Fees immediately or put the issue on the ballot. 

 

Chair Voltz stated the issue of impact fees will be on the agenda on May 9, 2006. 

 

Discussion ensued on implementing impact fees, history of the Transportation Impact Fee, how the implementation percentage level was selected, school impact fees, legislation requiring parameters for setting of impact fees, changing focus, 72% of residential building permits issued by municipalities, and level based on old study.

 

Commissioner Scarborough inquired what percentage would Mr. Denninghoff estimate today if they had the real numbers; with Transportation Engineering Director John Denninghoff estimating the 32½ % of the 2000 number would probably equate to 18% to 20%, if it was updated to a current number.  Commissioner Scarborough stated there have been net decreases; and he will support a 100% implementation. 

 

Commissioner Pritchard requested Mr. Denninghoff provide a report on the legislation; with Mr. Denninghoff responding the language is changing almost daily.   

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to waive the six-month waiting period for Paul Lyons to apply for rezoning of 19.82 acres located in Cocoa.  Motion carried and ordered unanimously. 

 

 

 

Jerry Padrick advised of flooding problems; and presented a video taken after various storms including Hurricane Wilma.  He commented on meeting with Road and Bridge Director Billy Osborne and lack of response to the problem; and requested something be done. 

 

Commissioner Scarborough stated a representative from his office has been onsite; and commented on flooding in the area. 

 

Road and Bridge Director Billy Osborne advised staff has been looking at different options; and there is fear they may make the problem worse as well as impacting more residents in the area.  Mr. Osborne stated Eric Citta was in the area this week taking elevations on the roadway and on the different properties; so they are continuing to look at ways to resolve the problem, while attempting to help the other residents.  He stated it is typical of what happened in North and Central Brevard during the 16-inch rain event as there was no place for the water to go until the main system started to drain. 

 

Mr. Padrick stated Mr. Citta was out last Friday, but that was the first time anyone was out there doing anything since November 2005.  Commissioner Scarborough stated Mr. Osborne disagrees with that comment.  Mr. Padrick stated he initiated every call; and no one has called him of any progress. 

 

Discussion ensued on preventing flooding, bringing in fill so land does not flood, flooding on the road, system failure, flooding in other areas, staff response, funding, and opening St. Johns River.

 

 

 

Commissioner Scarborough explained the history of the MSBU and restructuring to include new owners.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to direct staff to proceed with establishing boundaries and assessments for additional lots in South Carpenter Road Rambling Acres Water Line MSBU, to require new users of the water line to pay their proportional share of the original MSBU cost.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Carlson stated the item is being moved to the next meeting.  County Manager Peggy Busacca advised Commissioner Carlson will not be present at the April 25, 2006 meeting; and suggested putting the item on the May 5, 2006 Agenda. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Voltz, to approve legislative intent and grant permission to advertise a public hearing to amend Section 62-153, Land Use Regulations, Code of Ordinances, to allow a waiver through the conditional use permit application in GML zoning.  Motion carried and ordered unanimously.  

 

 

Commissioner Pritchard stated there have been a lot of items at the end; and suggested a format such as the one used at Zoning meetings where non-controversial items are moved forward. 

 

Chair Voltz stated she will look at the next agenda and identify the potentials for items; and that will be better than having people wait. 

 

 

 

Chair Voltz stated Boaz Barnavon was concerned about the federally owned properties and the maps, but was unable to stay; and he wrote a note, which she will include in the record.

 

 

 

Upon motion and vote, the meeting adjourned at 7:25 p.m.

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    HELEN VOLTZ, CHAIR

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

_____________________

SCOTT ELLIS, CLERK