September 10, 2004

The Board of County Commissioners of Brevard County, Florida, met in Emergency Session on September 10, 2004, at 1:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Nancy Higgs, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Tom Jenkins, and County Attorney Scott Knox.

The Invocation was given by Commissioner Truman Scarborough.

Commissioner Ron Pritchard led the assembly in the Pledge of Allegiance.

ANNOUNCEMENT

Chair Higgs advised this special emergency meeting is to deal with issues that need to be handled before September 15, 2004; and when Hurricane Ivan starting to lurk up this way, she felt it necessary to handle those items. She stated the intent is to go through the necessary public hearings regarding the budget items, and then there is another item that has been put on the Agenda.

REPORT, RE: BOARD MEETING SCHEDULE

County Manager Tom Jenkins advised the Board had a budget hearing scheduled for September 7, 2004 at 5:30 p.m.; because it was declared a state of emergency and there was concern about the public’s ability to attend that meeting, the Chair used her authority as prescribed by the Board’s operating rules, to continue the September 7 hearing to September 14, 2004 at 5:30 p.m. He stated all of that is contingent upon what happens with Hurricane Ivan; there could be additional problems; and the items that were scheduled for September 14, 2004, at 9:00 a.m., were continued to September 28, 2004 at 9:00 a.m.; so any public hearing that was advertised for September 14 has been continued to September 28, 2004.

Chair Higgs stated anyone who has specific questions about the meeting schedule can call Mr. Jenkins’ office.

REPORT, RE: REQUESTED INFORMATION FROM SHERIFF’S OFFICE

Commissioner Pritchard advised the Sheriff’s Office has not been forthcoming in providing information to his office regarding specific budgetary questions he asked; a note from Sharon Luba said she contacted Deborah Barker to see if she was going to respond to his request for information about using personal vehicles, etc.; and Ms. Barker responded that if he wanted any information, he would have to make a public records request. He stated Ms. Luba asked Ms. Barker if she was kidding, and she said no. Commissioner Pritchard stated Rose Lyon of his office called or emailed Yvonne Martinez, the Public Information Officer for the Sheriff’s office, and said she gathered from Deborah Barker’s email below that Commissioner Pritchard needed to make an official public records request for any information requested from her office pertaining to the Sheriff’s budget; he will make that official request and hopes that it can be expedited quickly; but he has received nothing. He stated he does not believe the Board is required to make a formal public records request, as Florida Statutes, Section 30.49(3) states, “The sheriff shall furnish to the board of county commissioners all relevant and pertinent information concerning expenditures.” He stated there will be a change in the Sheriff’s policy with the election of a new sheriff; but he wanted to give the Board an idea of what he has been facing in terms of cooperation from the Sheriff’s Office.

REPORT, RE: EXTENSION OF EDUATIONAL IMPACT FEE EFFECTIVE DATE

Commissioner Pritchard advised he received requests from several contractors regarding the educational impact fee; the deadline for getting in applications is September 24 because the fee becomes effective September 25; and many of the contractors, builders, and owner/builders have run into a problem because various municipalities have been unable to accept their applications, process them through, and get them to the County to avoid the impact fee. He stated it would be appropriate if the Board could extend the effective date by 30 days or to the end of October.

Chair Higgs inquired if under the Emergency Order the Board can alter the date of the impact fee, or would it need to advertise an ordinance to amend the date; with County Attorney Scott Knox responding he does not think it falls under emergency powers, but would have to check on it. Chair Higgs stated under the Governor’s Orders, there seemed to be a wide discretion. Mr. Knox stated if worse comes to worse, the Board could amend the Ordinance to take care of the differential. Commissioner Pritchard requested a minimum of a 30-day extension.

Commissioner Colon inquired how will the Commissioners know what to tell the community; with Mr. Knox responding the Board could authorize preparation of an ordinance amending the educational impact fee Ordinance to allow a 30-day extension if it wants to.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to direct the County Attorney to prepare an ordinance amending the educational impact fee Ordinance to extend the effective date for 30 days. Motion carried and ordered unanimously.

REPORT, RE: FILING OF VALUE ADJUSTMENT BOARD PETITIONS

Commissioner Pritchard advised Commissioner Colon is the Chair and he is the Vice Chair of the Value Adjustment Board (VAB); he was contacted by some people who would like to come before the VAB and petition to have their valuations lowered, not because of the hurricanes, but because that is what they wanted to do prior to the hurricanes and now are not able to because they are still in a state of shock. He stated his office contacted Property Appraiser Jim Ford who is asking Representative Bob Allen for assistance in providing an extension to the time the people would have to file; the deadline is Monday, September 13, 2004; and there is no action the Board can take. He stated he wanted to bring it to the Board’s attention that the VAB may be hearing requests for lowering valuations that would not only be involved with the normal process of taxation, but including hurricane damage that would be affecting their property values.

Commissioner Colon stated even though it is a board, she is uncomfortable in regards to the powers they have on the VAB because the discrepancies are between the Property Appraiser and the people and not the VAB. She inquired what does the VAB doe in a case like this; stated folks are under the impression they are coming before the board that is going to hear them; and all it can do is listen to them, but she would feel uncomfortable deciding on those things.

County Attorney Scott Knox stated the Board is discussing extension of time again; there are certain things the County has authority to do; but extending statutory time is not one of them. He stated that comes from the Emergency Management at the State level; that can be requested by local government; and they can enact an emergency order saying that is what they have done; but the Board has to make a request to the State.

Commissioner Scarborough stated the VAB has members of the School Board and has to call a separate meeting; and there is only so far the Board of County Commissioners can take this discussion. Mr. Knox stated he agrees with that; and as Commissioners who participate in the VAB, they may call a special meeting if that is what they want to do.

Commissioner Pritchard stated he will give Commissioner Colon the information he has and if she wants to call a special meeting, she can do that. He stated Mr. Ford has two issues, both dealing with extensions; one is because of the effect of Hurricane Charley; and the other just the normal process of people who asked for reevaluation of their properties.

REPORT, RE: FREEZE OF VACANT POSITIONS

Commissioner Pritchard advised he has been trying to get information on how much the County could save if it were to freeze vacant positions; and requested staff provide the Board with that information.

County Manager Tom Jenkins advised staff is currently working on the list.

REPORT, RE: CURFEWS

Commissioner Pritchard advised the issue of curfews comes up every day; people are concerned about it; and inquired if there is going to be a Policy Group meeting this afternoon.

Chair Higgs advised the Policy Group met this morning at 9:00 a.m., and there was no extension of the curfew at this point. She stated they did have a conference call with the cities; there seems to be strong support among the beachside cities and South Brevard cities of continuing the curfew on the beachside; but at the Policy Group meeting it was not continued.

Commissioner Pritchard inquired if it will be discussed tomorrow or Saturday; with Chair Higgs responding they may if necessary have additional meetings; and inquired if Commissioners are supportive of additional curfews. Commissioner Pritchard stated no, he thinks it has run the gamut on the curfew, and it might be impacting some people. He stated he is speaking for his District; the amount of damage they have may not be as significant as other areas of the County; but some businesses requested the curfew be lifted.

Commissioner Colon stated she supports keeping the curfew; and at least folks would feel safe that there are not people roaming around the neighborhood, especially because it is hard to control people in 65 square miles.

Commissioner Carlson stated she would support the curfew; residents in South Patrick Shores on the beachside had complaints of their generators being attempted to be stolen several times; and some of those individuals are in terminal conditions. She stated it is very sad to see that sort of thing happen; but as Ivan approaches, they will see more and more people going after generators; and if someone cannot afford one, he or she will seek other ways to get it. She stated the curfew helps police departments across the County; and it is a positive thing in the community because people close early and are seriously taking it under consideration. Chair Higgs stated the curfew was from midnight to 6:00 a.m.

Commissioner Scarborough stated there are areas that are in the dark; his home happens to be in a dark area; there is a need to keep windows open, so people are more vulnerable; so there is some merit in dark areas to have a curfew to make sure that municipalities and the Sheriff’s office put extra patrols in those areas where people are still without power.

County Manager Tom Jenkins advised the Board has a Policy Group for declared emergencies, but he believes the Board can make decisions if it chooses; he happens to be on the Policy Group and agrees with Commissioner Pritchard; so if the Board chooses to do the curfew differently, he would not have to do something he does not agree with. County Attorney Scott Knox stated the Board delegated authority to the Policy Group, but it could recapture the curfew element if it wants to do that.

Chair Higgs cautioned the Board about getting too confused regarding the decision-making process; it has the power to do it if it wants to; but it may get confusing as to who is making the policies during emergencies. Commissioner Scarborough stated he has no problem continuing with the Policy Group where there are municipalities involved; at least half of the community lives in municipalities; and it should decide how to handle the curfew, patrolling of dark areas, negative impact on businesses, and the confining element for people who are in the dark and may want to go to a restaurant and stay in the air conditioning later. He stated there are a lot of issues; and it would be premature for the Board to usurp the larger discussion with municipalities. Chair Higgs stated with that counsel from the Commissioners, she will ask the Policy Group to discuss it again with input from the cities and try to use their best wisdom in moving forward.

REPORT, RE: WASTE PICKUP

Commissioner Scarborough advised District 1 was the most impacted by Hurricane Charley; during that time, he had conversations with Solid Waste Management Director Euripides Rodriguez on waste pick-up; everyone is getting bits and pieces of information; and it is getting more complex. He stated he was on the phone with Congressman Tom Feeney’s Office trying to get information from FEMA; there are problems in how the waste collector has prepared and dealt with some of the issues; and requested Mr. Jenkins, through Mr. Rodriguez, come back with a good report so they all can understand what is going on.

PUBLIC HEARING, RE: RESOLUTION REVISING EMERGENCY MEDICAL SERVICES
ASSESSMENT RATE

Chair Higgs called for the public hearing to consider a resolution establishing revised emergency medical services assessment rates to fund an additional 911 ambulance and first responder program.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution superceding and replacing Resolution No. 03-226 providing for an increase to the Emergency Medical Services assessment (non-ad valorem); and providing for an effective date. Motion carried and ordered unanimously. (See page
for Resolution No. 04-204.)

PUBLIC HEARING, RE: ADOPTION OF FINAL FY 2004-05 BUDGETS FOR SOLID WASTE,
STORMWATER UTILITY, EMERGENCY MEDICAL SERVICES, AND MELBOURNE-
TILLMAN WATER CONTROL DISTRICT

Chair Higgs called for the public hearing to consider adoption of final budgets for Solid Waste, Stormwater Utility, Emergency Medical Services, and Melbourne-Tillman Water Control District for FY 2004-05.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt the FY 2004-05 final budgets for Solid Waste Management Program at $79,301,400; Stormwater Utility at $9,367,456; Emergency Medical Services at $20,718,546; and adopt a Resolution adopting the budget for Melbourne-Tillman Water Control District at $1,763,025. Motion carried and ordered unanimously. (See page for Resolution No. 04-205.)

PUBLIC HEARING, RE: RESOLUTION CERTIFYING MUNICIPAL SERVICE BENEFIT
UNIT ASSESSMENT ROLLS TO THE TAX COLLECTOR

Chair Higgs called for the public hearing to consider a resolution certifying the Municipal Service Benefit Unit (MSBU) Assessment Rolls to the Tax Collector.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution certifying the Municipal Service Benefit Unit Assessment Rolls for National Police Home Foundation Water Line MSBU; Port St. John West Water Line MSBU; Rambling Acres Water Line MSBU; Tomahawk Drive Water, Sewer, and Road Paving MSBU; SR 520 Gravity Sewer Line MSBU; Flora & Fauna Water Line MSBU; Ranchwood Court Water Line MSBU; Valley Road Dirt Road Paving Phase II MSBU; Brookside Drive Canal Dredging MSBU; Sellers Lane Water Line MSBU; Shellwood Water Line MSBU; Judy Kay Dirt Road Paving MSBU; Wrobel Place Water Line MSBU; Lakemont Water Line MSBU; Treasure Lane Dirt Road Paving Phase I MSBU; The Woodlands Water Line MSBU; and Toby Avenue Dirt Road Paving MSBU. Motion carried and ordered unanimously. (See page for Resolution No. 04-206.)

PUBLIC HEARING, RE: RESOLUTION ADOPTING FY 2004-05 USER FEES FOR
MELBOURNE-TILLMAN WATER CONTROL DISTRICT

Chair Higgs called for the public hearing to consider a resolution adopting user fees for Melbourne-Tillman Water Control District for FY 2004-05.

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution establishing user fees for Melbourne-Tillman Water Control District for FY 2004-05 at $18.79 per lot or acre for residential property, $6.57 per lot or acre for agricultural property, and $36.48 per lot or acre for commercial property. Motion carried and ordered unanimously. (See page for Resolution No. 04-207.)

PUBLIC HEARING, RE: RESOLUTION CERTIFYING STORMWATER UTILITY
ASSESSMENT ROLL TO TAX COLLECTOR

Chair Higgs called for the public hearing to consider a resolution certifying the Stormwater Utility Assessment Roll to the Tax Collector for FY 2004-05.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution ratifying, confirming, and certifying the Stormwater Utility Assessment Roll for FY 2004-05 to the Tax Collector. Motion carried and ordered unanimously. (See page for Resolution No. 04-208.)

APPROVAL, RE: EXTENSION OF THE FY 2003-04 TAX ROLL

County Manager Tom Jenkins requested the Board extend the current tax roll until completion of the Value Adjustment Board process.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to extend the 2004 tax roll pursuant to Florida Statutes Chapter 197.323, to allow tax bills to be mailed while the Value Adjustment Board is in session. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: RESOLUTION CERTIFYING THE EMERGENCY MEDICAL
SERVICES FY 2004-05 ASSESSMENT ROLL TO THE TAX COLLECTOR

Chair Higgs called for the public hearing to consider a resolution certifying the Emergency Medical Services Assessment Roll to the Tax Collector for FY 2004-05.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution ratifying, confirming, and certifying the Emergency Medical Services FY 2004-05 Assessment Roll to the Tax Collector. Motion carried and ordered unanimously. (See page for Resolution No. 04-209.)

AGREEMENT WITH FLORIDA DEPARTMENT OF AGRICULTURE AND CONSUMER
SERVICES, RE: BREVARD MOSQUITO CONTROL DISTRICT

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Florida Department of Agriculture and Consumer Services for Brevard Mosquito Control District funds in the amount of approximately $45,000 and State certification. Motion carried and ordered unanimously. (See page for Agreement.)

APPROVAL, RE: BUDGET FOR ARTHROPOD CONTROL

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Mosquito Control District’s Annual Certified Budget for Arthropod Control for fiscal year October 1, 2004 through September 30, 2005. Motion carried and ordered unanimously. (See page
for Budget.)

ACKNOWLEDGEMENT, RE: ANNEXATION AND COMPREHENSIVE PLAN AMENDMENT
BY CITY OF COCOA

Commissioner Scarborough advised they were going to meet on Wednesday, but because of the hurricane, they had no power at Four Communities, so it was continued; and he continued the meeting last night. He stated there were over 400 people in attendance at the City Council meeting; there were about 60 seats in the Council Chambers and 400-plus were outside with no sound system so they did not know what was going on; and many of them were denied the opportunity, not only to participate, but even to understand what was going on inside. Commissioner Scarborough stated staff is prepared with a response to Department of Community Affairs; Mr. Knox has his action in regards to the annexation; and if it was not for one lot, it would not meet the legal requirement of connectivity. He stated under State law, roads are a means of considering contiguous; SR 528 makes things contiguous; and there is no way to traverse SR 528, so they would have to access through another set of rules and new dynamics. He stated the south end lies in District 2 and the north end lies in District 1; there are some strange things that Mr. Knox will address; and maybe Commissioner Pritchard would like to add some other thoughts as to what he heard last night.

Commissioner Pritchard stated the meeting was well attended; they had a lot of people actively involved in the community who were there; the president and officers of homeowners associations, newsletter editor, and folks are going to get the word out, and the concern of the County is to insure that when an area is going to be annexed, it is annexed not only properly, but with the intent of being compatible with the areas that are nearby. He stated there are a couple of issues the Board needs to address to make sure that it is done right while not standing in the way of destiny of the City. He stated the occupants of the area have also stated they are not opposed to development; but they are just opposed to an increase in density that is going to seriously affect their quality of life.

Chair Higgs inquired if the action is for the Board to consider objecting to Department of Community Affairs and making comments regarding the Comprehensive Plan amendment; with Commissioner Scarborough responding it needs to take legal action as well. Chair Higgs inquired if it is legal action in regard to the annexation; with Commissioner Scarborough responding yes, there are two actions. Chair Higgs inquired if Commissioners Scarborough and Pritchard are supportive of the actions; with Commissioner Scarborough responding folks have come here and would like to make remarks; and he would like to have their remarks included in the submittal to Department of Community Affairs. He stated some of them have some pretty good thoughts from the perspective of the people who live in the area; and it would be relevant to take their comments and incorporate them.

County Attorney Scott Knox inquired if the City of Cocoa actually passed a zoning change; with Planner Stacey Ranger responding that did not pass on the 24th.

Chair Higgs advised Commissioners Scarborough and Pritchard are in favor of the actions that have been outlined; she intends to support that; so there is a majority of the Board. She stated if people wish to make comments, the Board will take those; if they have written comments, the Board would take those as well; and explained the time limits for speakers.

Barbara Buzzo of Cocoa, representing GroCo Groves, presented copies of petitions to Commissioner Pritchard that were presented to the City of Cocoa; and stated the City did not accept more petitions and would not allow the people outside to speak. She stated they are not against any development in the area, but would like it to be compatible and not increase density that would make it unsafe for their children to drive on the roads. She stated most of them have driveways or flag lots that come out on the main arteries, whether they are James, Cox, or Friday Roads, and Alan Shepard Avenue; it is going to impact Port St. John because those on the north side of SR 528 will use Grissom Parkway and Fay Boulevard, which are already crowded along with U.S. 1 in that area; and the schools are overcrowded. Ms. Buzzo stated the current zoning is one acre per residential lot or two and a half acres for one home on agriculture property; they are fine with that and would like it to stay in that manner; and they would just as soon stay under the County’s jurisdiction. She stated the County maintains the ditches and roads; they are okay with giving the County the money that would go in the coffers to take care of the property; and the development would really affect their way of life. She stated they moved out there for a reason and to have a little bit of elbow room; they paid dearly for that along with all the snakes and critters that it entails; but they are willing to accept that as their way of life. She stated it will lower their property values and increase the detriment to their livelihood; the County has always done right by them; they are not happy with how the City of Cocoa has gone about it; and that does not garner much trust in the City. Ms. Buzzo stated they will support the Board and do whatever is needed to help it in its endeavor, if that be the case, to stop the annexation and keep the zoning to a minimum density. She stated they realize the developer needs to make money; and that is fine as long as it is compatible with the rest of the uses and they do not flood the areas that were allowed increased density, because that is not the majority. She stated she has pictures of some of the homes in the area that are certainly a lot more than their seven houses per acre, which is the low density in the City of Cocoa; there are so many issues, including the environment and many others; and she hopes the Board will vote in their favor.

Pat Rust of Cocoa advised she is a real estate agent and is definitely for development; they are not against development, but want to keep it in accordance with the area; and their property values will definitely decrease if the development were to come in. She stated the City felt that the roads should be able to support 14,000 cars a day; she feels because of the way those roads are, they would add more accidents to the area because most of the driveways go directly onto Cox or Friday Roads; and it would be very dangerous for the area. She noted the County would have to look at reappraising the area for lower property values.

Esther Leitich of Cocoa stated she agrees with Barbara Buzzo.

Al Leitich of Cocoa urged the Board to do what is in its power to reverse the annexation because the plans of the City are not just annexation but to proceed to build up to seven homes per acre in the area, which would totally destroy the atmosphere and rural lifestyle they enjoy. He stated other issues are schools, services, flood control, and roads; a lot was said about roads in the City of Cocoa Planning meeting, which preceded the annexation meeting; and they talked about three-laning roads north and south of SR 528 and widening Friday and Cox Roads, plus four-laning SR 524 to provide access to the high-density development they are planning. He stated the benefits to the City of Cocoa would be an annual $1.5 million in taxable income; but all of that disregards their interest and rides roughshod over their style of living.

Bill Cannon, President of Canaveral Groves Homeowners, Inc., advised the homeowners are very upset with the City of Cocoa and its questionable tactics in the annexation and proposed rezoning of approximately 700 acres of unimproved property adjacent to the southern boundary of Canaveral Groves, east of I-95. He stated Canaveral Groves and the communities of Friday and James Roads are zoned for one dwelling unit per acre; Cocoa’s proposed rezoning allows for almost four dwellings per acre; and that is not compatible with the above-mentioned communities. He stated the rezoning is also in direct conflict with the County’s Land Use Map for the area; Cocoa has shown no regard for the current rural settings that exist in Canaveral Groves and other affected areas; and they are asking for the support of the Board in putting a halt to the annexation and rezoning plans being forced upon their rural communities. Mr.
Cannon stated there are too many unanswered questions relating to the proposed project by the City of Cocoa; it is certainly not volunteering any answers; and it is not even giving the people the courtesy of answering correspondence relating to the matter. He stated they in Canaveral Groves feel the proposed project is being crammed down their throats; and requested the Board to intervene on their behalf.

Robert Meighan of Cocoa thanked Commissioners Pritchard and Scarborough for jumping on the bandwagon and taking the lead; and stated he is very upset with how the City of Cocoa has handled this issue. He stated the City calls the area basically 757 acres of undeveloped land and yet when it justifies being able to annex it, it calls it a compact urban form; and if the City cannot recognize that there are no dwellings and no people there, and considers that urban, he has questions about its ability to plan and execute any development. He stated the City is 30 months delinquent in supplying information to the Department of Community Affairs; it has outstanding action on wetland conservation from 2003 that it has not replied to; and he strongly recommends the Board look at rescinding the annexation and questioning the City’s ability to properly develop any area at the moment. Mr. Meighan stated the City’s current plans show for a 40% growth in housing development, yet it does not say anything about the City taking responsibility for infrastructure upgrades to support that growth; and that is very disconcerting to him as a taxpayer because he does not want to foot the bill. He stated additionally, many people living in the development will be driving past his house; Friday Road also has about six or eight school bus stops; so construction alone with all the trucks passing there during school time is not a safe way for children to be out on the streets.

Jennifer Therrien of Cocoa advised she lives approximately 1,500 feet from the proposed development site; and a large-scale development is pretty frightening to all of them. She stated they moved out to a rural area to enjoy that lifestyle; they understand development is coming; but they want it to be done in a manner that is consistent with the surrounding area. She presented a map to the Board, but not the Clerk, showing the area, different zonings, and the large one-acre lots area; and stated the map shows that the proposed development would not be consistent with the area. She stated they would like to see the development go back to the drawing board and start looking at one house on one acre; the City’s Comprehensive Plan for the development indicated it would not negatively impact the area; and she takes exception to that because the lot sizes are not compatible. She stated they asked for up to seven homes per acre; there was talk of four homes; but in the original proposal it was seven homes per acre.

She stated they propose a fourfold increase in the traffic on Friday Road, so no longer can their children wait safely for their buses; she fears for the children out riding their horses and bicycles; she has ridden her bicycle and horses on Friday Road; and she feels that will no longer be something that she could do safely. Ms. Therrien stated there will be additional deadly accidents along that road; the road is already at capacity; the City suggested it was only at 25% capacity; but in the past year there have been a number of fatal accidents. She stated someone was trying to pull into his driveway, someone stopped behind him, and another driver came speeding down the road, caught a young man in the door, and threw him into the ditch where he died from drowning before they could get him out. She stated their roads are not
equipped for the traffic they are talking about. She stated another concern is the loss of property values; they speak of affordable homes and a price tag of around $56,000; that would really be low-income housing; and inquired what would that do to the home values in the area. She stated with low-income housing, she questions whether there will be an increase in crime and a loss of their rural lifestyle; and that is something they are all concerned about. Ms. Therrien presented a map showing the wetlands and flood area for the properties to the Board, but not the Clerk; stated there are 146 acres of wetlands; she wonders how they plan to do the development if they do not build in the wetlands; and inquired if it will be a higher density in other areas that they are able to develop. She stated there will be an impact on species of special concern in the area; there are a number of gopher tortoises and other animals that would be impacted by the development; and the Department of Community Affairs has turned down the City of Cocoa’s environmental plan and wetlands package that is not coherent and needs to be looked at. She stated there is no particular plan for the water runoff from the proposed development; the current ditch drainage system is at full capacity at this time; and inquired if they would just add a greater load to the runoff and possibly flood out people’s properties. She stated water is a concern; she has experienced the loss of water pressure over the past nine years that she has lived in the neighborhood; and with the additional homes, their water quantity and quality are going to be degraded. She requested the Board closely review the City of Cocoa’s proposed large-scale development and that modifications be made to the proposed development to make it more compatible with the surrounding neighborhood.

Ann Coburn of Canaveral Groves stated she agrees with the other residents who spoke about the impact the annexation will have on the area; there are questions of compatibility, depreciation of property values, and contiguity; and looking at the map, the first word that comes to mind is gerrymandering. She stated roads, drainage, environmental issues, and infrastructure are concerns, but she wants to address the financial issue; since last fall she has been concerned about the County’s management of its funds and spending associated with it; however, this is an instance where they need to look at the overall picture; and if the Board votes to spend money to challenged the annexation, it would not be wasted expenditure and would be offset by the future savings incurred. She stated development could change and the zoning could change; but the City’s history with the County seems to be one of annexing unincorporated areas and leaving the roads for the County to maintain, widen, resurface, curb cut, etc. Ms. Coburn stated adding to that the cost for maintaining drainage ditches and canals, she wonders where the County would get the funds for it. She stated if their property depreciates, it will result in less tax revenue for the County; so if it spends money on the challenge, it would save money on loss of tax revenue and increased spending on infrastructure. She stated common sense tells her this is the time when the expenditure for the challenge would be worth it; and she requests the Board approve challenging the annexation.

James Tulley of Cocoa presented documents to the Board, but not the Clerk; stated his property directly abuts the southern portion of the proposed development; and people went out and looked for land that was undeveloped, bought in the area where they could build their homes, and did not want tract homes. He stated by and large the homes are all individual in style; that is the kind of people who live out there and want the rural lifestyle; and everyone is live-and-let- live and do their own thing. He stated they bought out there because they did not want to be dependent on government; they do for themselves; they do not get straight answers from the City on what is being proposed; and inquired what does affordable housing mean, and is it a euphemism for a housing project. Mr. Tulley inquired who will provide sewer, fire, and law enforcement services; who will pay for upgrade of the roads; and how will they do it because Friday Road cannot be widened without condemning property. He stated the stormwater drainage system is at capacity; the land is low; 40 years ago school buses were four-wheel drive vehicles out there; and that is the kind of property that cannot take more water. He stated it will impact the education system; they said two of the three schools were at capacity and there was spare capacity at schools they believe are problems already; and inquired who is going to pay for it. He stated it is not going to be the people in low-income homes because the property value is not going to be there; it will be the current residents; and they need to find a way to dissolve the annexation. He stated he believes the City violated the Statutes; if that fails, they need the Board to vigorously oppose the plan for the use of the land with Department of Community Affairs; and recommended, if it has to be developed, make it consistent with the development that is already there. He stated to do anything else is a major problem to the infrastructure and impact on the property owners who are already there.

Carla Gettlemen of Cocoa stated she has a home under construction on just under seven acres of property; they have been focusing a great deal on the areas immediately surrounding the proposed development; obviously that is what has brought them here; but what is before the Board is something that is even broader. She stated this is an opportunity for the Board to look at the direction the County is going and make a determination of what kind of County it wants to create; Brevard County is currently experiencing an unprecedented level of growth; it is one of the fastest growing counties in the State; and there is a lot to think about. She stated there are a lot of directions the County can choose to go in; some of those are not only incompatible with their surrounding areas, but with the County as a whole; and what brings people to the County is the wonderful lifestyle. She stated she is originally from Melbourne; as a result of her parents’ divorce, she spent summers here and the rest of the year elsewhere; and when she became an adult, this is where she chose to come back to because of what the County has to offer. She stated before coming back, she lived in Broward County; if the kind of growth that is going on in the County continues without regard to surrounding areas, such as the rural residential areas that surround the property in question, Brevard County will become another Broward County; and she does not believe that is what they want to do. She stated there used to be many rural areas in Broward County; all the people she knew who were interested in that lifestyle have left; for many of them, that is what brought them to Brevard County; and they are asking the Board to look not just at this development, but at everything that is going on in the County and decide what kind of County it wants for the future. Ms. Gettlemen stated she has a lot of statistics from the County and City’s websites and from the Department of Transportation website; and she can give the Board numbers, but somebody else needs to do the analysis. She stated her property is on James Road, which is a two-lane road; there is not a great deal of capacity currently with other two-lane roads in the area; they can justify increasing the traffic from an engineering standpoint; and that is what the City is look at. She stated from an engineering standpoint, they can put substantially more traffic on the road; but it does not justify increasing the traffic any more than it would justify increasing the speed limit. She stated from an engineering standpoint they can increase the traffic, but from a practical standpoint it should not occur. She stated she spoke with the Sheriff’s Department Community Relations Division regarding response times in the area; he said currently there is cross assistance on calls in the area surrounding the City and in the City itself; the Sheriff’s deputies may go to the City sometimes and the City police responds to some unincorporated areas; and the high activity that is currently in place keeps them in a reactive mode. She stated despite any type of development that will go on there, there is going to be a need for additional Sheriff’s deputies; according to the Sheriff’s Department, the best case scenario would be higher-end housing, gated communities, and so forth; and they are going to need at least one additional deputy. She noted the higher the density, the lower the cost of housing, and the more deputies the County will need for the area; and it does not even begin to approach what the City, which has been cutting back over the past few years and providing less services, is going to need. She requested the Board look at the big picture, look at what type of County it wants to create in the future, and do whatever it can to keep the development from going further.

Commissioner Scarborough stated he has not had a chance to visit with Mr. Knox with all the events that have taken place; in the past Mr. Knox said homeowners have certain standing to do things; and inquired what rights do they have independent of what the Board may do. Mr. Knox advised they may have standing as taxpayers to challenge Ordinances if they are not enacted properly, have not followed the proper procedures, and if they have injury that they can prove they suffered by virtue of those actions. Commissioner Scarborough inquired if it would behoove the homeowners to have an attorney represent them and their rights; with Mr. Knox responding certainly that is something they can do. Commissioner Scarborough stated the question was asked last night would the attorney be more advantageous in Department of Community Affairs discussion or is there a need for an attorney to be involved in the legal questions of the annexation where the County will be filing the suit; with Mr. Knox responding the annexation issues are pretty clear. Commissioner Scarborough stated that would not be the place where the people need to put a lot of effort then because Mr. Knox will take care of that along with Ms. Ranger. He stated Ms. Ranger has more time than Mr. Knox has; right now the Board can say go ahead and proceed; and if Ms. Ranger feels uncomfortable, she can bring it back to the Board. He stated she knows the Board will go ahead with it so the community can continue to work; and inquired if a person has to appear at a City Council meeting to have standing and if in fact they were not invited to speak and were present, what status does that place them in; with Mr. Knox responding based upon what he heard happened, which is that some people were left standing outside with no access to the meeting whatsoever even though they wanted to speak, that is a very serious due process issue that some of those people have standing to raise. Mr. Knox stated even the County does not have the right to raise that point, but the people who were denied that opportunity certainly have that right. Commissioner Scarborough inquired if that would be something for their private counsel; with Mr. Knox responding yes.

Commissioner Colon stated one of the things that the Board has been pretty consistent with is being careful about getting into litigation with municipalities; it did it with Titusville and with Palm Bay; and inquired how is this any different and if the Commissioners feel they have exhausted all of the avenues already and that the City has gone too far. She stated she wants to get a clear vision.

Commissioner Scarborough stated he does not want to take this too far, but Ms. Ranger learned about the annexation by reading the Florida TODAY Newspaper; staff requested information from the City and it has not been forthcoming; and there are certain timeframes in which the Board must act or lose its rights to question, which may be an illegal annexation under the Florida Statutes. He stated if Mr. Knox does not have something filed by the 24th, the ability is lost; the Board would have preferred to go a different route; and the City did recognize Ms. Ranger at the end of the meeting when she asked the City Council to table it as a request from the Board. He stated the City Council did not table it; it was a four-to-one vote and it proceeded on; and he would have liked to have done anything but file a lawsuit against the City, but when they do not give the opportunity to do anything but that, he does not know what else to do. Commissioner Pritchard commented it is an attention-getter.

Mr. Knox stated even though the County files a suit within the 30-day period, the Florida Statutes still require it to try to mediate the result with the City. Commissioner Scarborough stated any suit can be worked out if possible.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize the County Attorney to proceed with the lawsuit against the City of Cocoa regarding Annexation #31-2004. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize staff to proceed with comments to the Department of Community Affairs concerning the associated Comprehensive Plan amendment by the City of Cocoa, with the idea that there is an opportunity for further work with the community and an open dialogue; and direct staff to bring back any inconsistent postures. Motion carried and ordered unanimously.

REPORT, RE: PUBLIC COMMENTS

Chair Higgs advised Public Comments are not on the Agenda; she has one request for public comment; and requested motion to alter the Agenda to allow it.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to alter the Agenda to allow public comments. Motion carried and ordered unanimously.

PUBLIC COMMENTS - WALTER PINE, RE: EMERGENCIES

Walter Pine of Titusville stated because there is a threat of another storm, and there is little time to deal with some of the issues that are quite simple to handle; one is that during the last storm the general County number was not forwarded to the emergency system; and if the County has another storm, that phone number should forwarded to the emergency system so that people who only find the phone book can get assistance, because there are issues that should not be reported to 911 and tie up that system. He stated he appreciates the Board bringing up the issue of extensions; that should be done for all time allotments, whether they are property issues or filing something; Subsection 8 of the Emergency Order says that governmental bodies can deviate from the Statutes, rules, and Ordinances, so there is a provision for the Board to do that; and he does not think it should be just for developers, but in all circumstances that have been interrupted because it will take time to go back to normalcy. He stated it should be for at least the number of days County government was closed; he would suggest no less than 30 days because it takes people time to get back all the services, fuel, power, etc. and pick up their lives again; so all time requirements should be extended at this time. He stated if there is a third hurricane, it will be even worse. Mr. Pine stated some insurance companies are already discussing not writing any further policies in the State of Florida because of the changes in the upper level; and that is something they need to be aware of and take immediate action because once they change those policies, it will be very difficult to get them back. He stated it is simpler to stop them from changing them by filing with appropriate authorities at the State level; the Board can oppose them curtailing any issuance of any further policies; if they are going to write car policies and everything else and take money out of the community for that, then they should do it for houses as well. He stated curfew notices were not posted anywhere and were not available; in fact, he was only able to get them this morning; and curfew notices need to be posted in conspicuous areas throughout the County and copies given to law enforcement so that when they come across situations where people have violated the curfew, they can give proper notice. He stated people cannot be expected to live up to something when they have no power or television, and many did not even have radios; the only notice they had was the first contact they received; and they are entitled to that notice. He stated there are some problems with curfews; they should be eliminated as quickly as possible because there are businesses that operate 24 hours, and there are third shifts; so the poorest part of the community is being impacted by losing their jobs because of the failure to remove the curfew.

Chair Higgs advised Mr. Pine his time expired. Mr. Pine stated he has more issues to take up and requested additional time. Commissioner Scarborough stated the Board did not continue the curfew earlier in the meeting, and the Policy Group did not take up the issue; with Chair Higgs responding that is right.

Commissioner Colon inquired if Mr. Pine needed to speak any more; with Mr. Pine responding yes. Chair Higgs advised Mr. Pine asked for additional time but she did not hear a motion to extend his time.

Commissioner Colon stated she wants to get to her issue, and wants to thank Chair Higgs, on behalf of the Board and citizens, for doing an outstanding job by leading the community through the hurricanes. The audience gave Chair Higgs a round of applause. Commissioner Colon stated Chair Higgs worked 24/7 since the storms started; Bob Lay has done an incredible job; the Policy Committee worked hard; and Tom Jenkins and County employees took the time out to help. She stated when things like this happen, County and municipal employees are right there and get going with issues; and she cannot thank them enough and no dollar amount could be enough for that. She stated Jack Parker was incredible; departments of the cities and the County and their employees worked many hours and came in the next day; and one employee met with her at 7:00 a.m. She stated Florida Power & Light Company has been incredible; some of them worked 14-hour shifts; it is not just a job to them, they do it with compassion because they know what folks are going through without electricity; and BellSouth, Brighthouse, Salvation Army, the Red Cross, the faith community, and professionals came to Florida to help, as well as all the volunteers inside Brevard County. She stated she may have left some folks out but not on purpose; it is important for Commissioners to commend those folks; they have never experienced anything like this and learned a lot; and apologized to the community if there was anything she overlooked because she did not mean to do that. She requested folks check on their neighbors because everything may look okay from the outside, but once they knock on the door and find out what is going on inside, it may be different. She stated with shingles gone, water comes in; and she was amazed about how many folks have damage inside their homes. She thanked SCGTV for bringing the information forward; and again thanked Chair Higgs for doing an incredible job; stated the Lord knew who to put there when this event was going to happen; and Chair Higgs did an outstanding job.

Chair Higgs stated she appreciates that, but there were a host of people from the County and cities, volunteers, and neighbors who did a terrific job. She stated they have more preparing to do and more work; and urged everyone to fill their gas tanks, get a few groceries, look in on their neighbors, watch Ivan, and hope it goes somewhere else, but get ready. She stated they will do it all again if they have to; and thanked the people for being here today as the Board had some important issues to deal with.

Upon motion and vote, the meeting adjourned at 2:36 p.m.

ATTEST: _________________________________
NANCY HIGGS, CHAIR
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
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SCOTT ELLIS, CLERK

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