MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

 

May 29, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 29, 2008 at 5:10 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, Assistant County Manager Mel Scott, and Assistant County Attorney Christine Lepore.

 

 

The Invocation was given by Pastor Stan Wickett of Concordia Lutheran Church, Micco.

 

 

Commissioner Mary Bolin led the assembly in the Pledge of Allegiance.

 

 

Chairman Scarborough read aloud a resolution proclaiming Management Week in Brevard County.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming June 2 through June 7, 2008 as Management Week in Brevard County, and expressing its sincere appreciation to the National Management Association for its valuable contributions and assistance to the citizens of Brevard County.  Motion carried and ordered unanimously. 

 

 

Violet Smith with the Florida Space Coast Council stated the Council would like to thank the Brevard County Commission for proclaiming Management Week in Brevard for June 2 through June 7, 2008; during that week the Council will observe Management Week with a banquet on June 5^th at the Tides of Patrick Air Force Base; the Council will award Brevard County Manager of the Year to the Honorable Fred D. Galey, recently retired Supervisor of Elections; and the Council will also award the Gold Knight of Leadership to Kevin Hoshstrasser, Boeing Site Director of Florida Space Shuttle Operations.  She stated there are over 1,200 members in the local area that are part of the National Management Leadership Association; and the Association believes that good management and good leadership go hand-in-hand and is a skill that is learned through training and practice.

 

Assistant County Attorney Christine Lepore stated she has a Contract to Purchase Property for the Barnes Widening Project; she stated there is a property that has been in escrow to close to over a year; it requires further action with some of the parties to clean up some title problems through Probate; and she requests an Amendment to the Contract to extend the closing deadline and substitute one of the parties that has been changed due to the Probate action.  Chairman Scarborough inquired if anything else has changed; with Ms. Lepore responding no.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Amendment to Contract for Sale and Purchase with Jo and Phyllis Parker, Melvin S. Maron, President of JGM Enterprises, Inc., Bernice Maron, and Daniel L. Solomon for the purchase of property in conjunction with the Barnes Boulevard Improvement Project, the Florida Department of Transportation’s (FDOT) U. S. 1/Barnes Boulevard Intersection Project, and the Pines Industrial Park Drainage Improvement Project.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to appoint Mike Huck to serve on the Marine Advisory Council, with a term expiring December 31, 2008.  Motion carried and ordered unanimously.

 

 

Commissioner Colon stated Monday was Veteran’s Day; and requested that everyone present in the audience who served in the Military to stand so the Board can thank and honor them.

 

 

Commissioner Colon stated she wants to invite the young folks to come out this Saturday, May 31^st at Wickham Park at 2:00 p.m.; The Elite Ones, which is a group of young people in the community from different high school’s have put together a group; their event is called So U Think U Got Talent?; and the talents that will be looked at are art work and tagging, song, band, lyrics, comedy, and spoken word.  She stated the young people put together the advertising; there is a cash prize of $500; and it is sponsored by Parks and Recreation, WA1A, Hip-Notics, Melbourne PAL, and Prevent of Brevard.  She stated any youth pastor who is interested in showing the churches talent to give her a call; and it will be done on a quarterly basis to help keep the young people busy.

 

 

Commissioner Colon stated she wants to introduce a wonderful young man who many people in the community already know; the Board is happy to welcome Trenton Kirksey from Rockledge High School; and this young man is really going places, so everyone should remember his name.

 

Trenton Kirksey stated he is a recent graduate of Rockledge High School, as recent as of yesterday.  He stated his remarks came from the Apple commercial and he does not know if the Board has seen it or not; he wanted to say that for copy right purposes; and he read, as follows:  “This is for the crazy ones, the misfits, the rebels, the trouble makers, the round pegs in square holes, the ones who see things differently.  They’re not fond of rules and they have no respect for the status quo.  You can praise them, disagree with them, quote them, disbelieve them, glorify, or vilify them.  About the only thing you can’t do is ignore them because they change things.  They invent, they imagine, they heal, they explore, they create, they inspire, they push the human race forward.  Maybe they have to be crazy.  How else can you stare at an empty canvas and see a work of art, or sit in silence and hear a song that’s never been written, or gaze at a red planet and see a laboratory on wheels?  We make tools for these kinds of people.  Some see them as crazy ones.  We see genius because the people who are crazy enough to think that they can change the world are the ones who do.  Here’s to the crazy ones.  Since the day and time of Dr. Martin Luther King, Jr. we’ve seen a multitude of change.  We’ve seen things that we couldn’t have ever imagined.  We’ve had hopes that were ridiculous to anyone operating out of pure logic of that time, and we’ve seen miracles before our very eyes.  We believe that this world can in fact come to the place that Dr. King had preached about for so long.  At times it seems that we’ve arrived, but something seems to always stand in the way.  We have been to what we though was the mountaintop.  And he’s not here to say that we cannot achieve unity, but he is here to say that we must continue to work toward becoming a better nation.  And we must become a better people.  We must strive to achieve excellence, and once we’ve achieved excellence we must move toward superiority.  We must forget that our skin color is a little different and that we grew up in different neighborhoods.  We must disregard our difference and taste of clothing, and we must overlook our choice to wear our hair the way we do.  We must ignore the fact that we listen to different music, and we must discount our separate styles of worship because we worship the same God.  We must not expect failure but encourage each other.  We must discontinue the tendency to faction each other.  I’m an African-American male who on May 28, 2008 graduated from Rockledge High School and have been accepted and enrolled into a four-year university.  This is common.  Although our focus has been obstructed and pointed toward the negative, success is common.  Leadership in young people is common.  Winning is common.  Championships are common.  Among the greatest in the nation in every realm stand African-Americans and Hispanics.  The ones who were told that they would never make it have helped to mold this country, and have in more ways than one made it to be what it is today.  These are the people who continue to work to build this country.  We as the minority have to work three times as hard in some situations just to be considered equal, but this to us is second nature and is common.  This should not be.  Let us stand together as our nation gets ready to make a turn for the better as we have always done.  Let us believe that, yes in fact, we can overcome.  We can conquer, we can surmount,
we can prevail, we can triumph, we can coupe, we can reign, we can succeed.  We have
been built with faith in God and we know that he is capable and liable to do great things.  And so my brothers and sisters of all races and creeds, let us look to God and let us speed up that day when all God’s children, black men and white men, Jews and Gentiles, Protestants and Catholics will be able to join hands and sing in the words of the old Negro spiritual Free at Last, Free at Last, Thank God Almighty We are Free at Last.  Here’s to the crazy ones.”    

 

Commissioner Colon stated she is sure Trenton’s mom and grandmother are extremely proud of him, as well as everyone else.

Chairman Scarborough stated he happened to be at the Space Center for the Leaders briefing last Friday; and he had the opportunity to meet Angel Andujar.  He stated all over the newspapers in Central Florida, Barack Obama responded to the NASA question; and now the Board is going to find out why.  He advised Angel is a young engineer at the Kennedy Space Center.

 

Angel Andujar stated he wants to thank the Puerto Rican-Hispanic Chambers of Commerce for the invitation to the Obama event.  He stated growing up he did not have a really good background; coming from a broken home he decided to do something for himself; he went to New York and ended up in Florida; and luckily ended up at Florida Tech.  He advised he put himself through school at Florida Tech; he worked two to three jobs at a time in order to make it; he landed at Kennedy Space Center; and he was always fascinated with Space and Space exploration.  He stated he had the opportunity to go and see Obama; and he decided to pose an important question for himself and tons of engineers and technicians that work at Kennedy Space Center.  He stated he posed the question that he was wondering what Mr. Obama’s plans were, especially for the impact that it will be once the Shuttle Program goes down as for every one job lost at the Center another two to three will be lost in the community. He advised Mr. Obama took his time to answer; and he seemed focused and eager to continue the Program.  He stated he came in a little indecisive as to what Mr. Obama’s plans were, but once he spoke he felt much better, especially once he said he is planning to support the new Orion Program immediately and would like to sit down with NASA Administrators and get one vision and focus in mind. 

 

Chairman Scarborough inquired if he knows how many newspapers that were reporting that; with Mr. Andujar responding five or six that he knows of.  Chairman Scarborough advised not only the newspapers in Florida but nationally as well.  He stated it is the most profound statement Barack Obama has made in support of the Space Program yet, and Angel asked the question.

 

  

Sandy Sanderson stated he is present to discuss the new power plant called the Cape Canaveral Next Generation Clean Energy Center.  He stated the planning and design of what he is about to present to the Board has been years in the making; he has been personally committed to this for many years prior to that; so he can not begin to tell the Board how happy he is to be standing before it to share some of the details of the project that is about to come to fruition.  He advised he will begin with the West County Energy Center, which sounds on the surface like a strange place to start; it is an energy center that is down in the Palm Beach County area; the reason he brings that up is that there are three units proposed for that site; and the third one, which he calls West County Three, is inextricably linked to the modernization effort in Brevard County.  He stated they are in the process of gaining approvals to build that plant and once those are gained and the plant is built it will produce enough power to enable them to take the Cape Canaveral Plan offline and do the modernization effort that has been planned; without the addition of that plant they would not be able to meet the energy demands of all of the customers and preserve reserve margin; this is one of the key elements of the planning that has gone on and one of the reasons it has taken so long; there had to be so many pieces in place; and now the stars have aligned so to speak.  He displayed a picture of the current plan in Port St. John; it sits on 42 acres of land; and it is called the Cape Canaveral Power Plant.  He stated many people ask him why the plant is called the Cape Canaveral Power Plant; the reason is the first unit of those two units was put in service in 1965; it was put in service for two reasons; first was to supply the energy needs of the community as it continued to grow; but also it was because of the burgeoning Space effort.  He advised those people who are as old as he remembers the excitement of those days when there was no Kennedy Space Center as it was called Cape Canaveral; this plant was built in part to supply the energy to fuel the Space Program; so it was named the Cape Canaveral Plant.  He stated a second unit was added in 1969 and together they generate 800 megawatts of power; that is enough to power approximately 160,000 homes and businesses; it is powered by natural gas and fuel oil; and over the years both fuels have been used to supply the power.  He noted the next slide displays the proposed Cape Canaveral Next Generation Clean Energy Center; it is a state-of-the-art, highly efficient combined cycle natural gas unit; it is one of the best, most efficient, and cleanest burning units a person can find in the State of Florida or even in the country; and he is pleased they are able to bring that to Brevard County.  He stated by looking at it there are a couple of things that will come to mind immediately; the first is that it is a more streamlined look than the current plant; those stacks are 397 feet high; and the new stacks will be somewhere in the order of 150 feet high.  He stated because those stacks are so low they do not need to be painted red and white, which is required for high stacks for aviation concerns; aesthetically it will be a big improvement; and from an omissions and fuel efficiency standpoint it will be considerably better.  He advised the only parts of the old plant that will remain will be the intake and discharge of the water from the Indian River Lagoon; a lot of people do not understand how a power plant works; different fuels are used, but basically they take water, heat it, and convert it into steam; the steam then turns the turbine, which creates the electricity; after that has taken place the steam is condensed down into water; and to then repeat the cycle.  He stated the way it is condensed is the pipes with the steam in them through water that is brought in from the Indian River Lagoon and it is used as a heat sink.  He stated there will be no impact at all on the water in the Indian River Lagoon except to raise the temperature a few degrees.  He stated the intake structure to bring the water into the plant and then discharge it for that cycle will remain from the old plant; everything else that can be seen above ground will be brand new state-of-the-art  equipment that will be put in; in order to do that they will take the unit offline after the summer peak demand period in the year 2010; there has to be time to build the other plant, the West County Three Plant, to have the sufficient energy supply to take the plant offline; and they will both stay online during the hurricane period.  He stated when the summer season for 2010 is over, that plant will be taken offline, be decommissioned, and begin construction on the plant; and it will be online and operating before the summer of 2013.  He stated the next slide shows photographs from the north, south, and southeast of the existing plant and there is an artist rendering of what it will look like with the new plant; what can be seen is the most prominent part of the plant are the stacks; and the new ones will be difficult to see from any distance at all.  He advised the new plant will be more than 33 percent more efficient than the existing plant; a high technology combined cycle natural gas unit will be available to power approximately 250,000 homes and businesses; and it is state-of-the-art and will be here for years.  He declared that there are a number of benefits to the community with the installation of the new plant; one of them is the reduction of CO-2 omissions; the CO-2 omissions will be reduced 15.7 million tons, which is the equivalent taking 200,000 cars off of the road; and they are pleased about that.  He advised they will be maintaining the water temperature around the plant when it is decommissioned; that period between decommissioning the first one and commissioning the second one the water will be warmed around the plant to accommodate the manatees that are used to coming to the area; and they are working on the engineering details now.  He stated the office building associated to that plant will have rooftop solar panels to provide energy to that building; it is certified environmentally sustainable by the U. S. Green Building Council’s Leadership in Energy and Environmental Design; and that has been incorporated in the plant design as well.  He noted there are some additional community benefits; one is the streamline profile of the plant, which will be aesthetically much more pleasing for the Port St. John area; the stack height will be reduced; and there will be a significant increase in tax dollars to the County and the School system.  He stated there will be an 88 percent reduction in the particulate matter that is released from the plant.  He stated the next slide talks about the tax benefits to the County; in 2007 they paid $666,800, which was broken down between School, County, and Other; and the other taxing districts would be Florida Inland Navigational District and St. Johns River Water Management District.  He stated the new plant will produce an estimated $12 million; and to go from $666,800 to $12 million should provide a significant impact on the School, County, and other Districts he mentioned. 

 

Chairman Scarborough stated every single year the County will have $4 million more because they are taking 200,000 cars off of the road making the air cleaner; and this is a
win-win situation.  Mr. Sanderson advised he is smiling quite a bit.  He stated it is a quite an extensive project that has taken a lot longer than he had originally hoped to get into
place; but to do it right and put in the state-of-the-art technology, so many pieces had to be place and aligned now they are.  He stated rather than add other equipment that had been discussed locally over the years, they are now going to do it right.  He advised the next slide shows a picture of the President of Florida Power and Light, Armando Olivera; Mr. Olivera is so excited about this project that he came up for the announcement on April 30, 2008; he joined with community and environmental leaders as well; and Chairman Scarborough was present as part of that announcement.  He stated the executive team from FPL, headed up by the President, was present to make the announcement; there were environmentalists from Tallahassee that were leaders in Statewide environmental organizations; and also Jim Eagan and Maureen Rupe were present.  He advised Maureen Rupe has done a tremendous job working with FPL over the years and she is going to be a partner as they move forward in the whole effort.  He stated in April the announcement was made and the application was also filed that same day with the Public Service Commission so they could move forward with the necessary approvals; in May they held an open house in Port St. John; they will have a good communication effort with the entire community, but especially Port St. John; and they need to make sure Port St. John knows what they are doing.  He advised FPL employees are involved with the EDC, Marine Resource Council, United Way, Brevard Community College, and the Chambers of Commerce; they are proud to be a part of the community; with the new technology they will be able to continue that involvement with the community for many years to come; and that pleases him quite a bit.  He stated they definitely want to hear from customers; they want to keep them informed and get feedback from them; and they want to be the first and best source of information about the process they are going to go through to decommission and to build the new power plant and get it online.  He stated they have implemented feedback measures; there is a website, which will be continuously updated; there is a telephone number to call in; and there is an email address.  He advised the most important thing is the dialogue with the community; he is taking personal responsibility for the communications in Port St. John; he will be reinstituting a community advisory panel that they had some years ago; it will be populated with a cross section of the Port St. John community; and that way there will be a very good vehicle of two-way communications so they can get the message of what is going to happen out to the public and listen to what the citizens concerns may be.  He stated Maureen Rupe and he will co-chair that team; he also asked Chairman Scarborough for some suggestions; and they are going to get input from a number of sources to make sure that they get a team that is representative of the cross-section of that community.  He stated the open house they had was the first step in that process; once they are formed the community advisory panel will meet in a regular basis; probably infrequently until they really get into the action steps; and then they will meet on a much more frequent basis. 

 

Commissioner Colon stated she is very excited, especially before the County and Port St. John; she never thought she would hear in her tenure that he and Ms. Rupe will be chairing a committee together; and it is music to her ears.  Mr. Sanderson advised he
and Ms. Rupe have been friends for years and worked on this project; and some of the discussions have gone on in the past he has had to bite his lip because he knew all of
the planning and efforts.  She thanked Chairman Scarborough who was there in the forefront trying to balance it all; it was a difficult time in North Brevard; so Mr. Sanderson hit on some of the things that she was writing right away when he spoke about the water.  She stated regarding the reduction of the particles is huge; there are people who do not know the history of everything the Board has been through to get to this point; and Mr. Sanderson must have been busting not being able to share with the community the huge plans that they had.  She inquired when this kind of transition is made does it mean that there will be less or more employees; with Mr. Sanderson responding during the construction phase there will a tremendous increase in the numbers of employees involved in the actual creation of the plant; and stated once the plant is up and running then the number of employees onsite to run the plant will be approximately the same as there are now.  He advised another question that came up is what will they do with the employees that are out there now; during the phase with the plant shut down and decommission and before it is actually up and running, those employees will be re-trained if necessary and moved to other locations; and those employees will stay onboard with FPL.

 

Commissioner Bolin thanked Mr. Sanderson because she knew in the several months he saw her in many situations and he had this big grin on his face; she kept looking at him like he wanted to tell her something but he never did; so he is so happy he finally got to say it out loud.  She noted one thing the people need to know is that if it was not for Mr. Sanderson and his Marine attitude the County may not be in this situation; he works for a very large company; there was a lot of pressure on him to do it one way; he stuck to his guns with Brevard County in mind; and because of that Brevard County got the best of the best.

 

Chairman Scarborough stated he heard it was between $400,000,000 and $500,000,000 that it would cost to put the structure in; and it is expensive but once they start using it, it produces not only clean but a more cost effective source of power.  Mr. Sanderson stated the numbers are closer to a billion dollars.  Chairman Scarborough stated he thought that was for both plants.  Mr. Sanderson stated he thought it was but it is actually closer to a billion dollars.  He thanked the Board for the professional manner in which it handled the whole thing all the way through; during the time when they were still in the developmental stage and he was not able to disclose to the Board what they were doing; and even though the Board was pushing very hard, and because of its dedication to get it done, it always maintained a high level of professionalism.

 

            

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Construction Contract Modification #5 for the Micco Road Sidewalk and Intersection
Improvement Project in the amount of $112,480; and authorize the Chairman to execute
the Modification and any Budget Change Requests necessary for this action.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to affirm the previous authorization of the Chairman to execute a contract between Brevard County (owner) and the lowest responsive/responsible bidder on the Upper Eau Gallie (Lake Washington Road) Stormwater Improvements Project.  Motion carried and ordered unanimously. 

 

Zoning Manager Rick Enos stated Items VI.A.1 and VI.A.4 are requested to be tabled to the August 7, 2008 Board of County Commissioners meeting, and Item VI.A.4 is requested to be withdrawn.

 

Chairman Scarborough called for the public hearing to consider items to be tabled, as follows:

 

VI.A.1. (Z0711101) Lahinch Land Partners, LLC’s request for a change from AU to RA-2-4 on 8.94 acres, located on the north side of London Town Road, west of Carpenter Road.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.A.1 to the August 7, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

VI.B.4. (Z0805103) John J. Greene, Trust, U/A/D, and Luella Ann Greene, and Margo G. Zauner, Trustees’ request for a Small Scale Plan Amendment (08S.10) to change the Future Land Use designation from NC to CC and a change of classification from RU-2-10 to TU.2 containing 6.118 acres±, located on the east side of Carpenter Road, south of Highway 46.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table Item VI.B.4 to the August 7, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

VI.A.4.  (Z0711502)  John M. Gayden, Jr.’s request for a Small Scale Plan Amendment (08S.5) to change the Future Land Use designation from Res. 15 to NC, and a change from RU-1-11 to RP on 0.84 acre, located on the east side of Highway A1A, south of Poinsetta Street.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to withdraw Item VI.A.4.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough called for a public hearing to consider tabled items of December 6, 2007, February 7, 2008, February 21, 2008, April 3, 2008, and May 1, 2008, as follows:

 

VI.A.2. (Z0712201)  Robert Dean Straney’s request for a change from RU-1-9 to RP on 0.48 acre located on the northwest corner of Tennessee Avenue and Warner Way, which was recommended for denial by the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to table Item VI.A.2 to the August 7, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

VI.A.3. (Z0803202)  Carl W. Loggins’ request for a Small Scale Plan Amendment (08S.6) to change the Future Land Use designation from NC to CC, and a change of classification from GU to BU-2 on 1.718 acres located on the west side of Clearlake Road, north of Kings Street (SR 520), which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board approval, with the stipulation that the current use is consistent with uses on the front BU-2 parcel, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board. 

 

Commissioner Nelson stated he wants to clarify the Planning and Zoning Board’s recommendation; it should be consistent with uses on the front BU-2 parcel; and so the uses of the property being rezoned to BU-2 would be consistent with the BU-2 parcel to the east.  Phillip Nohrr, Attorney for the owner, stated he agreed to the conditions. 

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to approve Ordinance amending Article III, Chapter 62, of The Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Fifth Small Scale Plan Amendment of 2008, 08S.6, to The Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled The Future Land Use Map Appendix; and provisions which require amendment to maintain internal
consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz advised the way it was worded was that the owner had to use that in the front and that they could not use it for anything less intensive; but she understands what the intent was.

VI.A.5. (Z0801401)  Timothy Strickrath Developer, Inc.’s request for a Small Scale Plan Amendment (08S.02) to change the Future Land Use from NC to CC, and a change from AGR to BU-2, with removal of a BDP on 5.99 acres, ±, located on the west side of U.S. 1, north of Friendship Place, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Nelson, to approve Ordinance amending Article III, Chapter 62, of The Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Second Small Scale Amendment of 2008, 08S.2, to The Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled The Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for a public hearing to consider the Planning and Zoning recommendations of May 5, 2008, as follows:

 

VI.B.1. (Z0805501)  Brevard Truss, Inc. and Charles F. and Edwina Witt Griffin’s request for a change from IU to IU-1 on 6.80 acres located on the south side of West Eau Gallie Boulevard, west of Jones Road, which was recommended for approval by the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Voltz, to approve Item VI.B.1 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.B.2. (Z0805101)  M&J Enterprises of Brevard, Inc.’s request for a change from BU-1 and BU-2 to all BU-2 on 1.544 acres ± located on the northwest corner of Roosevelt Road and Old Dixie Highway, which was recommended for approval by the Planning and Zoning Board. 

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to approve Item VI.B.2 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.B.5. (Z0805104)  Brevard County Board of County Commissioners, pursuant to Chapter 62, Article VI, Brevard County Code, Section 62-1152, and Brevard County Comprehensive Plan Policy 15.2, the following is being considered for administrative rezoning:  Property owned by Donald Scott Minnick to change from RU-1-9 to RU-1-11 on 1.02 acres located on the south side of Joel Avenue, running from the east side of Brevard Avenue to the west side of Turnbull Road, which was recommended for approval by the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.5 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.6. (Z0805201)  MJ&B Builders, LLC’s request for a change of classification from EU to RU-1-11, and removal of the existing BDP on 0.57 acre located on the south side of Lucas Road, east of North Tropical Trail, which was recommended for approval by the Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to approve Item IV.B.6 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.7. (Z0805202)  James L. Costigan, Trustee’s request for a change of classification from BU-1 to RR-1, with removal of existing BDP, on 2.25 acres located on the south side of Lake Drive, east of Range Road, which was recommended for approval by the Planning and Zoning Board.

 

Commissioner Nelson stated the applicants are asking for Residential zoning next to the recycling, which is unusual; it would be going from a higher zoning category to a lower category; and he just wanted it to be on the record in case the applicants come in to complain about the noise. 

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to approve Item VI.B.7 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item VI.B.8. (Z0805203)  DP Rental Group, LLC’s request for a Small Scale Plan Amendment (08S.9) to change the Future Land Use designation from NC to CC on
0.143 acre; and a change of classification from BU-1-A & BU-1 to all BU-1 with removal
of the CUP for Alcoholic Beverages for On-premises Consumption on 0.22 acre located on the east side of Parnell Street, south of Merritt Avenue, which was recommended for approval by the Local Planning Agency and Planning and Zoning Board.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to approve Ordinance amending Article III, Chapter 62, of The Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Ninth Small Scale Plan Amendment of 2008, 08S.9, to The Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled The Future land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

Item VI.B.9. (Z0805204)  Island Oaks of Brevard, LLC’s request for a change from RU-2-12 to RU-2-15 with a BDP on 3.95 acres located on the west side of North Courtenay Parkway, south of Highway 528, which was recommended for approval by the Planning and Zoning Department.

 

Commissioner Nelson thanked the rest of the Board for its perseverance; those guys are doing a good thing; and they are in effect going to provide some affordable housing.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to approve Item VI.B.9 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

Chairman Scarborough called for a public hearing for continuation of denied request from May 24, 2007, as follows:

Item VI.C.1. (Z0704201)  Anthony G. Lacourt’s request for a Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification on 0.15 acre, located on the northwest corner of Fortenberry Road and Plumosa Drive, which was recommended for denial by the Planning and Zoning Board and the Board of County Commissioners. 

 

Commissioner Nelson stated the item was sent back to the Board by the Courts.  He stated there are only two things he wants to do in a Binding Development Plan; he wants
there to be no outside seating and no outside music; and for the record, the parking lot meets the current code but if they expand they will run into problems because it is done based on current uses.

 

Assistant County Attorney Christine Lapore advised that Commissioner Nelson mentioned a Binding Development Plan but this is actually a CUP request, so it would be rolled into that CUP.  Commissioner Nelson agreed to make it a condition of the CUP.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to approve Item VI.C.1, with as a condition of the CUP there be no outside seating and no outside music.  Motion carried and ordered unanimously.

 

 

Commissioner Colon stated she was asked to speak at a graduation and she has to be there at 6:30.

 

 

Commissioner Bolin stated she did have some questions regarding the item; but she did talk to the City of Cocoa Beach and her questions were answered.

 

Commissioner Nelson stated there are a lot of people present from Cocoa Beach who support the item; the questions have all been answered; and he supports the creation of the Community Redevelopment Agency.

 

Motion by Commissioner Bolin, seconded by Commissioner Colon, to adopt Resolution delegating authority to the City of Cocoa Beach to establish a Community Redevelopment Agency within the City.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough stated the Resolution is regarding is the award of a $35 billion jet tanker contract to a group lead by Northrop Grumman Corporation and EADS North America; it has a profound impact on the nation’s economy, State of Florida, and Brevard County; and it is very important and exciting.

 

Commissioner Bolin read aloud a resolution of support accepting the decision of the U.S. Air Force to award the tanker contract to Northrop Grumman Corporation and EADS North America.

 

Chairman Scarborough stated it would be naïve of the Board not to understand that this was discussed in detail on every nightly news; there are many profound issues that are beyond his limited capacity to understand the ramifications; it uses the European Air Bus as opposed to Boeing; and there was a great deal of controversy of the overall benefits of having a foreign manufacturer controlling a major aircraft that is needed by the United States.  He stated he supports everything for Brevard County in jobs; but he wants it to be part of the record that he has no unearthly idea of the profound impacts of this decision.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution of Support for the Florida Senate action to the United States House of Representatives confirming and accepting the decision of the U.S. Air Force to award the tanker contract to Northrop Grumman Corporation and EADS North America.  Motion carried and ordered unanimously. 

Commissioner Colon’s absence was noted at this time.

 

 

Chairman Scarborough stated essentially what he heard from Planning and Zoning Director Robin Sobrino is this would allow the Board to move forward with the Florida Power & Light plant that Sandy Sanderson spoke about earlier today; it would recognize certain entities as being appropriate there; and there are several steps that would need to be followed afterwards. 

 

Zoning Official Rick Enos stated the GML Zoning Classification would need to be amended to accommodate this use; staff is asking the Board direct it to initiate a Code amendment to add the use to the GML Zoning Classification; that would be followed up and would possibly come to the Board concurrently with the specific application by FPL for this site; and the Board will see an ordinance and either immediately thereafter or shortly thereafter it will see the application by FPL.

 

Chairman Scarborough stated the concern is not only the time of going through Comp Plan changes but to go a different route the County would have in the middle of Port St. John the heaviest of all industrial uses; and since this is an existing use and it seemed to be less chaotic as far as what is being shown on the Zoning maps, it seemed to be the simpler and more logical way to proceed.

Commissioner Nelson stated there are currently three categories of GML as he recalls, light, medium, and heavy; he has received a few emails from people who were concerned that because the County is using GML there may be other ramifications it has not look at yet; and suggested the Board look at a Public Utility category, such as GMLPU category that would address that.  He stated it kind of constrains it to that kind of specific use; so if that category is created that constrains it.  He stated the other thing that Ms. Sobrino and Mr. Enos spoke about was making a conditional use so that there is a further review of the site.

 

Chairman Scarborough advised the item has to come back to the Board for a couple of more steps; but from his perspective seems to be a good idea.  He stated the Port St. John site will be a cleaner and more attractive facility.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve legislative intent and granted permission to advertise an ordinance amending the GML Zoning Classification to include private, PSC-regulated utilities; and to add a Public Utility (PU) category and to make it a conditional use.  Motion carried and ordered unanimously. 

 

 

Brevard Workforce Development Board Executive Director Lisa Rice stated her thanks to the Legislative Delegation and all of the stakeholders that participated with them, which goes from industry to the County folks participating to educational institutions, Economic Development Council, everything was there, and making the right telephone calls at the right time they are bringing back $1.75 million; and that is incredible in this budget year.  She stated the money is going to the Aerospace Workforce Transition to help move aerospace workers into new occupations, planning dollars, and time to allow them to accomplish some things.  She stated what she has before the Board is a request that is for matching grant funds, and this is the first time they have ever asked the Board to match the Brevard Workforce Development Board on any kind of case; this if for a different kind of grant that they have ever gone for; it is an Economic Development Administration Grant, which is at the federal level; the grant has gone through an unofficial review process; and part of what they have said is that they want to see cash commitment.  She advised this morning the Aerospace Career Development Council met and she wove together all of the different funding sources and the pieces and what they are doing; this is one of the vital pieces for the entire plan; this is not the plan that she or the Brevard Workforce Development Board members came up with; and so parts of the plan include a communication piece that is an outreach piece to the Aerospace workers, talking about lifelong learning; and also in this particular grant there is a focus that is more of an economic development focus that looks at businesses and how to
engage them and get them interested in sharing information about the emerging skill they are going to have.  She noted there is more work in the workforce analysis, understanding what of skills do people have and what kinds of skills are people going to need as the transition happens.  She advised the third piece is about asset transfer and that is really talking with NASA about the processes that they will be able to use to say there is a physical facility that is no longer needed with the Shuttle, and will ask what is it going to do with it or what can the community do with it; and it really goes back to helping the EDC to sell Brevard County and a physical asset that can be used by a business interested in coming here.  She stated that piece is not included in any of the other funding, so that is very specific and special to the EDA grant.  She stated the fourth piece is about the educational components about entrepreneurialism; it is a little bit different than the rest of the funding being looked at that has training; this one is specific how to raise and grow an entrepreneurial out of the Aerospace Industry; there are a lot of good ideas out there for businesses but they do not know how to put a business plan together; so it will definitely help there.  He stated the last piece, which has the biggest connection to the Board, since at the end of the last Space Workshop the Board talked about the need for an advocacy message, and that is actually a piece of it; it was talked about by the Aerospace Career Development Council a little over a year ago about a need to have a united voice and advocacy message; and it is actually messages because it is one that is at the federal, State, and local level, and even at the community level so folks will know what is going on.  She stated it is a $50,000 match.

 

Commissioner Nelson stated in the past the Board has had questions because not only is the Space Center suffering but there have been other layoffs, plus the construction; and inquired if Ms. Rice would tell the Board some of the things that the Brevard Workforce Development Board is doing for that group because he does not want people to think the Board has lost focus with the rest of the community.  Ms. Rice advised that is why there is the Brevard Workforce Development Board and Job Link Operations; they are here to help serve those who are dislocated, such in a Sea Ray event; the business services people have already been there with them; there is a plan laid out with Sea Ray’s Human Resources people regarding if the Workforce Development Board is coming out on site to do workshops, what kinds of workshops, how many times a week, and it is just everything; and there is a whole team, a Rapid Response Team, that responds to downsizing the reductions in force, it also responds when there is an increase like with Embry-Air.  She noted there are several different ways the Workforce Development Board already responds with those situations; it happens through the formula funds that already flow; and the question becomes what happens when those funds are gone.  She stated they will go back to the State and show them how many layoffs there are; Brevard County has been running very high compared to around the State with the number of layoffs; but it puts Brevard County in a better place to receive additional dollars that can help with additional training.  She stated usually around December she lets the State know more additional funds are needed; and the State usually supplements them.

 

Commissioner Nelson inquired what is the telephone number of Brevard Workforce Development Board; with Ms. Rice responding 504-7600 is the Brevard Job Link number; and stated that is the best way to go if a person is looking for training, what a person needs to do, and how to get involved.

 

Commissioner Bolin stated one of the things the Board is trying to do desperately is to get more industry to come to Brevard County to fill the void when the Aerospace changeover happens; to be able to advertise and get new companies in they want to know what Brevard County has to offer; and now the best thing the County has is people.  She inquired if through the grant would the BWDB be able to identify the skill sets of all of the people so Brevard County can market the type of workers it has.  Ms. Rice responded at a very aggregate level it can actually already be done; where the Workforce Development Board wants to be is right down to the nitty gritty; and it will know each individuals workforce skills.  She stated that will actually take individuals working with them as well as the companies working with them; and that is already beginning to occur.  She stated it is a phased approach on all of it; with Space Gateway Support the contract being broken up, the Workforce Development Board is already working with those employees very heavily; there has already been gathered some individual information being shared with the EDC and can be used in recruitment; and talent is definitely the biggest focus.

 

Chairman Scarborough stated he supports the item; and the money is in Contingencies to make it happen.  Commissioner Nelson stated for $50,000 the County will end up with $500,000.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve funding of $50,000 from the Board’s General Fund Contingency to be used as a cash match for the Economic Development Administration (EDA) Grant to support the $500,000 Grant being submitted to support transition planning necessary to mitigate the anticipated impacts upon the aerospace workforce from the termination of the NASA Space Shuttle Program; and authorize the County Manager to execute resolutions and any other necessary documents to support the grant application, contingent upon County Manger and Risk Management approval.  Motion carried and ordered unanimously.

 

 

The Board recessed at 6:21 p.m. and reconvened at 6:33 p.m.

 

 

Valkaria Airport Manager Steve Borowski stated the requested action tonight is the new lease agreement between Brevard County and the Mosquito Control District for the Valkaria property, which is the 4.9 acres at the Valkaria Airport.  He stated after staff’s briefings, the existing lease is a 20-year lease; it is expiring at the end of next month;
and since there are not Board meetings in June it is in front of it now to take action now. 
He advised there were lease discussion between Mosquito Control and the Airport and after those discussions the following items were established:  a ten-year lease was agreed upon period, a ten percent fair market value as the rental rate, tied CPI in with the lease with a three percent Cap on the upside and a two percent downside adjustment, which means there will be no five-year appraisal as was in the old lease, no fuel flowage fee to the Airport, and there is no asphalt or pavement adjustment fee in the negotiations in the lease.  He stated there was a request for a 90-day termination clause by the County Manager, meaning that should Mosquito Control have an issue it can take the problem to the County Manager, and if the County Manager deemed she would like to cancel the lease a 90-day notice can be given.  He stated Mosquito Control also wants to get a 90-day removal of equipment; it was at 60 days in the older lease; it was moved to 90 days, plus a comment in reference to storage should Mosquito Control need to leave something there; and it could be left there but they would have to pay a storage fee.  Mr. Borowski advised Mosquito Control wanted to move the pay period and the adjustment period into the County fiscal year; before it was not inline with the County fiscal year; all those stipulations were agreed to; and the lease was established.  He noted an appraisal was done by Clayton, Roper, and Marshall; the Airport advanced the funds for it for $3,250; the last appraisal was done in 2003; they deemed a fair market value at that time of $190,000 and ten percent fair market value was a rent established at $19,000 a year; this time around the appraisal came out to $400,000 fee simple for the raw land; and ten percent of that would be $40,000 a year.  He stated the old lease rate was at $1,600 a month; the new lease rate will be at $3,300 a month; and that equates to about 18 cents a square foot.  He stated the insurance was addressed with Insurance Manager Gerard Visco in reference to liability and hull insurance; and Mr. Visco agreed what was stated in the lease.  He advised legal has taken a look at the lease and given approval; the Valkaria Airport Advisory Board had a meeting last week and voted unanimously to approve the lease, with five specific conditions; the Board was distributed a copy of those conditions; and that is the results of the discussions so far.

 

Commissioner Voltz inquired if 18 cents a square foot is what other airports are paying; with Mr. Borowski responding Merritt Island pays 19 cents, Arthur Dunn pays 19 cents, Space Coast Regional pays 23 cents a square foot for the raw land, Space Coast Regional also has a five-cent pavement lease on top of that, and Melbourne Airport is approximately 24 cents per square foot.

 

Barbara Lasher stated she is a pilot, plane owner, and a resident of District Two; she is interested in protecting the airports of Brevard County; and she attended all of the Valkaria Master Plan meetings as well as the VAAB meeting last week about the Mosquito Control lease.  She advised the Board recommended approval of the lease as it is; the Airport Director and Mosquito Control have agreed to the terms of the lease as written; and that should be all that is required.  She noted some members of the Valkaria Airport Advisory Board are clearly against the Airport and work at keeping the Airport short of funds; some members tried to negotiate against the Airport in favor of Mosquito Control so that the Airport would have less money to spend on safety and
improvements; and she urged the Board to approve the lease as written or look for someone else to rent the property.  She stated it is prime real estate; the Board cannot lease to Mosquito Control at less than fair market value; it is revenue diversion; and the FAA is watching this issue very closely.  She stated Valkaria Airport is a valuable resource in Brevard County; Mosquito Control flies out of the airport to make South Brevard a better place to live by keeping the mosquito population down for everyone; and during the wildfires this month the firefighting planes staged from Valkaria Airport, protecting all the homes in the area not just the homes of the local pilots.  She noted the planes dropped 567,000 gallons of water; that is 600 gallons per drop on Grant-Valkaria, saving the majority of the homes in the Town; and she urged the County to protect this valuable County asset by approving the lease.

 

Linn Walters stated he lives west of the Airport; he was fortunate that he was able to
watch those fires zing by to the north of him and then later on to the south of him.  He stated trying to follow Barbara as a speaker is a tough job.  He advised for years this Airport has languished; it has been strangled financially; and it shows it.  He noted it is a raw, unpolished jewel; it is slowly coming to life; and there are some facets being put onto that diamond.  He stated since the County is not funding the Airport directly from the General Fund, the only thing the Airport has is the revenues from leases from fuel sells; he requested the Board approve the fuel lease as it is written; and it is funds sorely needed for the Airport. 

 

Curt Lorenc stated he was at the Valkaria Airport Advisory Board meeting and basically the Board members were only given one business day to look at the information for this issue; he differs on what staff had said and what the motion was by the Board; there was urgency pushed on the Board; they had to get something done; and they had a great deal of reservations on bringing it forward.  He advised the Advisory Board did not vote to approve, they voted to bring it to the Board for it to review because the urgency was pushed on them.  He noted Mosquito Control has been at Valkaria Airport with and without a lease; at one time for two years Mosquito Control paid nothing; and then there was a lease imposed.  He stated currently they are paying about $19,000 a year; five years later they are being asked to double it to $40,000; that is quite an increase for any department; and it is way out of line.  He stated the Board approved the Valkaria Master Plan; that is the Plan of record and the Plan that should be followed; in the Master Plan it declares rates and charges are to be developed for the Airport; this has not been done prior to the issue being brought to the Board; and the Advisory Board should go back and do what the Master Plan says to develop those rates and charges.  He stated the FAA would be looking for commercial customers the value of the land and somewhere between eight and 12 percent, so make it ten percent; Brevard County is the owner of the property; Mosquito Control is a non-profit, public health entity; and it would be unfair to charge them.  He advised he spoke to the FAA and he asked what it would be willing to accept; there was a range of different things; it said it would not really bother with the Airport as it is too small and insignificant; and if the Airport wanted Mosquito Control to be out there for free the FAA probably would not do anything.  He stated there is another option by trading services; and Mosquito Control can kill the weeds on the runway, treat
mosquitoes, and mow the grass.  He advised the Board could charge a reduced more fair lease rate of half of what commercial customers pay; there are a number of options that can be explored with the FAA; a couple of speakers said the there are tough economic times; and when people are out of work the County needs to watch the tax dollars.  He stated the County should not overcharge Mosquito Control, which is a separate taxing district, and have the taxpayers pay a higher rate than they should be for the lease at Valkaria Airport to fund economic development there.  He requested the Board consider keeping it on a month-to-month basis with Mosquito Control; and to follow the Master Plan, do the rates and charges, and bring the issue back in the future.     

 

Janis Walters stated she lives in Grant-Valkaria and she serves on the Valkaria Airport Advisory Board.  She stated she thought the motion was to move the lease forward for the Board’s consideration with those areas of concern for it to think about before it takes
any action; and she asked to have the motion read back to her but it did not happen.  She stated is concerned about the short lead time and sense of urgency that seems to be driving this proposed Mosquito Control lease at Valkaria Airport without allowing time for proper consideration; the VAAB had a very short time to review the lease and the appraisal documents prior to its special meeting last week; and even so the VAAB were able to identify several areas of concern which had been forwarded to the Board.  She advised in the days since that meeting she has come to believe that there are at least three important questions that need to be addressed before the Board takes any action on the issue.  She inquired is Mosquito Control required by the FAA to pay for an airport lease while providing a taxpayer funded public health and safety service on behalf of the airport owner; stated maybe an exchange of services arrangement may be acceptable in conjunction with a nominal or reduced rate; but the County should certainly pose the question officially to the FAA and get a definitive answer from the horse’s mouth so to speak.  She noted staff has been working on the assumption that the FAA’s general rules for private for-profit enterprises also applied to public services supplied by the airport owner, resulting in what may be a hardship for Mosquito Control and by extension for the people who are taxed by Mosquito Control.  She inquired if payment is not required then should Mosquito Control be paying an airport lease; stated in other words is it proper to divert taxpayer funds collected for a public health and safety service away from that purpose and into a County enterprise fund; and that is a policy matter to be determined by this Board.  She inquired depending on the answers to those first two questions, and considering the fact that Mosquito Control is a taxpayer-funded public health and safety service, how does the Board properly establish the amount of money that should go to the Airport out of the Mosquito Control tax fund.  She stated it is addressed in the Master Plan the Board approved a while back.  She suggested that the current Mosquito Control lease be continued on a month-to-month basis until these important questions are answered and the adjustment plan is developed, otherwise enactment of this proposed lease is both hasty and arbitrary; it may be based on inaccurate assumptions about FAA requirements; and it is inconsistent with the Master Plan in that it is not undertaken under the terms of the rates and charges adjustment plan that has yet to be developed and adopted.

 

John Bailey stated he is present on behalf of Aeronautical Consulting Services.  He stated they learned at the last Valkaria Airport Advisory Board meeting that the lease for Mosquito Control may or may not be renewed; Aeronautical Consulting Services, based in Melbourne, Florida, desires to discuss with the County a lease on the property that is currently occupied by Mosquito Control; and based on the information provided at the last VAAB meeting, it was noted the new lease may be $40,000 a year or $3,333 per month for the next ten years.  He advised Aeronautical Consulting Services wants to offer a monthly lease payment of $3,400 or $40,800 per year for the property; the intended use for the property will be to support general aviation as defined in the scope of the Master Plan; and he is bringing a letter on behalf of the President of Aeronautical Consulting Services. 

 

Milo Zonka stated he is present as a Valkaria Airport Advisory Board Member.  He advised he made the motion that moved the item out of the VAAB; it was to approve; it was read back; the five items had been thoroughly outlined as a compromise to get it on its way to the Board; and he is sure there is a tape recording that will represent his memory better than others.  He stated when he was appointed to the VAAB he took the job as a fiduciary to the Airport; that is kind of a job that an advisory board to an airport is supposed to take; it is the same role the Board has in every choice it makes; and he takes it very seriously in everything that he does.  He stated when the VAAB looked at the lease he took the names off; it is the County versus a tenant; the County wants a tenant the tenant wants to use the Airport; there is a complication in that the tenant is also the County and the Board is also the Board overseeing that tenant sitting in another role; so there are complications up the yin yang.  He stated the FAA takes those complications very seriously; and he wants to read something from the FAA’s 1999 decision on revenue use at airports.  He stated he will read from Federal Register, February 16, 1999, page 7712; and they are talking about police and firefighting units operating at airports.  He read as follows:  “Many airports host police or firefighting units operating aircraft, often helicopters.  The Office of the Inspector General has frequently criticized reduced rate or no cost leases to these units of government as inconsistent with the self-sustaining and revenue use requirements.  This final policy requires the airport operator to charge reasonable rental rates and fees to these units of governments.  In effect, these units of government must be treated the same as other aeronautical tenants of the airport.”  He stated that is the only concern he has is that as the lease was negotiated, it was negotiated by two willing parties, there was Airport staff and Mosquito Control staff and each came up with the terms; it was done as well as it could be because those terms were established before the fair market value was decided; and everybody neutrally arms-length, which is also mentioned in this same policy, decided on the terms under which they would operate.  He noted from the Airport’s perspective, a 90-day out and a three percent Cap on CPI is a questionable term for the Airport’s benefit; that is the way it was negotiated; they spent the time doing it; and he understands that.  He stated now there is a valuation issue rather than a terms issue; no one at the VAAB was in a position to decide what the proper valuation is; and that is why he send the Board some of the information because the only piece of data that mattered to him in the appraiser report was that Arthur Dunn is leasing at 19 cents a
foot.  He advised Arthur Dunn Airport is as close in character to Valkaria Airport as exists in Brevard County; it is not perfect but it is a rural in character-type airport that has some commercial on it; but this is a tenant who honestly does not care how many airplanes are operating at Valkaria Airport as they as just there to use the dirt, get up and go put out some mosquitoes come one home, and then go to dinner.  He stated it is a comparable case; when looking at what is going on at Merritt Island Airport, which is a different animal than Melbourne Airport that is leasing at 38 to 31 cents a foot; it passed the sniff test with him; and that is the best he can tell the Board as he is not an appraiser.  He stated consistency is key as the last golf course lease that was done was ten percent of fair market value, CPI increases, and the consistency is the key as that is how to treat all of the tenants; and he urged the Board to let the arms-length nature of the agreement stand.  He stated his concern is that if the County treats itself differently
than others; the revenue diversion is real; every airport operator has to have the temptation to take a little advantage of the fact that they own an airport; but the FAA has a deed restriction that says it cannot be done.  He stated the VAAB has gone through so much trouble to work to get the Airport to a path of compliance that he does not want to take a step backward if the County starts messing around with the arms-length negotiation.  He encouraged the Board, as the motion stated in the past with those consideration points, to approve the lease.  He stated he is a taxpayer and would love to have Mosquito Control taxes come down; but the taxpayer does not have that luxury without putting the Airport in jeopardy.  He noted the appraisal will become part of the rates and charges study; this was a valuable piece of data that was added to the rates and charges study; what will happen is aeronautical land for all users will be 18.4 cents a foot; the Board now knows what aeronautical land is worth at Valkaria Airport thanks to the appraisal; and the terms will not change from a rates and charges study.  He stated he would like to get the lease out of the way and then do the rates and charges study because there are terms in the lease he does not like and he does not want to offer them to every tenant; so let us get this done and get a policy through because a 90-day out is onerous to the Airport; it is great for Mosquito Control; but the County does not want to have those terms sitting there when going through the process of the rates and charges study.  He advised he would like to see the Airport get into compliance.  He stated the safety issues need to be paid for with Airport funds not general funds; the way to pay for them with Airport funds is to make the Airport viable and to make it non-discriminatory to all tenants; and anytime the County starts breaking into an arms-length transaction it is starting to upend that process and put all those things in jeopardy.

 

LeRoy Rotgers stated he was at the VAAB meeting when the lease was approved with the five items the Board needed to look at; he does not understand how people can say that grass cutting can be traded out when his equipment is the one that cuts the grass on the Airport because a tractor cannot be afforded; so these funds are necessary to help to get the Airport in better shape.  He urged the Board to approve the lease.

 

Commissioner Voltz inquired what the Board’s responsibilities are to the gentleman who wants to lease the property at Valkaria Airport; with Mr. Borowski responding he gets offers fairly frequently as people come to the Airport inquiring where he or she can put a
business in, what can they do there, what is the political environment, and what are the rates and charges; and stated those questions are asked all of the time.  Mr. Borowski stated it is just the same as people wanting to put in hangars; each time that it comes up, now that there is a Master Plan that includes in it that there is a certain area for aeronautical activity, which means businesses at the Airport, he tells them if they want to make a proposal it can be written, given to him, and he will forward it to County staff and the Board, or a person can address the Board directly; and this corporation has asked him multiple times in the past about what properties would come about.  Commissioner Voltz inquired if the offer can be ignored; with Mr. Borowski responding yes as long as the Board gets fair market value for the property; stated the FAA has established what that is, which is eight to 12 percent; and the Board can rent it to whoever it wishes.  Mr. Borowski advised he sat with the FAA at the Airport last Thursday and he spoke with
them in Orlando yesterday and it advised him he will get fair market value for all the properties that are non-aviation related and preferably aviation related properties at the airport; and that would be eight to 12 percent.

 

Commissioner Bolin stated her understanding is that in the discussion is that the agreement was made fully with the Mosquito Control’s consent; she does not like the government being treated differently; it is an area she does not want to touch with a ten foot pole; and the County should pay its fair share for items on the property at the Airport.  She advised she is in full agreement with the lease.

 

Commissioner Nelson stated he supports having the lease; and the Master Plan was approved in August and there was a requirement in the Plan that said the rates and charges adjustment plan needed to be done, which was in effect creating the mechanism for evaluating each of the fair market value projects as they came through.  He stated Assistant County Attorney Morris Richardson shared with him that there was some concern that the federal audit had raised the issue of the lease agreement; and inquired what are the circumstances related to that.  Mr. Richardson responded the FAA does land use compliance checks on airports; stated both airports that are grant obligated, which Valkaria is not yet, but it is moving into compliance where it could receive annual funds from the FAA; airports like Valkaria that were just kind of World War II surplus airports, certain conditions were accepted with the Quit Claim Deed there; and one of those restrictions contains the requirement that fair market value is gotten for this type of lease.  He stated the compliance officer in Orlando told him that she intends to review the Valkaria Airport/Mosquito Control lease as a non-aeronautical lease and requires the County to submit it to her because 80 percent of the use on this is not aeronautical; it will be reviewed for compliance; fair market value will be looked at; but he does not know if they will look at a government health, safety, and welfare lease somewhat different.  Commissioner Nelson stated with the conservation areas he would not be really concerned because they were developed as a result of the improvements that were made, so in effect if it were ever converted there would be buildable space; if a non-aeronautical use is put on the Airport property and change the contour of the land, the County would have to give up conservation easements if anything is destroyed or impacted; but it is not as clear cut as maybe the Assistant County Attorney has
portrayed.  Mr. Richardson stated the FAA’s concern is that under the written agreements and it clearly states it cannot be used for any other purposes, so if a golf course goes belly-up and no other golf course goes in, the concern would be that it would no longer be useable property for the Airport as a revenue generator.  Commissioner Nelson advised it can still be converted to other aviation uses at that point, and it already has in effect its permitting taken care of. 

 

Commissioner Nelson advised he distributed to the Board the rates and charges plan requirement in the Plan approved in the Master Plan; it clearly states that it will include policy guidance, Statutory requirements, methods, and frequency of establishing the fair market value and methods of frequency of escalation of the rates and charges to ensure that the Airport is earning fair market value; so it is doing all of the things the Board is
trying to do.  He stated had the rates and charges plan been in place the Board would have run it through the process it would have all of the detail in there; in some of the places when it talks about policy, staff briefed him and indicated the rate could be anywhere from eight percent and 12 percent; but there was some conditions and other factors that might cause it to be unacceptable at eight percent.  He stated it would be the guidance that staff would need to be able to negotiate the contract; so staff negotiated the contract without the benefit of Board policy on some of the issues; the Board is being asked if ten percent is fair; but there is more to it than that.  He stated he believes in fair market value; he is frustrated that the Board was asked to approve the RCAP, which would have helped it go through the process and could have answered a lot of questions; and the Board could have really gotten down to the nitty gritty of what some of the issues are.  He suggested the Board move ahead with the lease agreement as written with a couple of changes; one is that it be subject to month-to-month; and correction based on a final determination after the RCAP is made.  He advised put the RCAP in place so all the policy issues are dealt with by the Board; the lease will be in place so that Valkaria Airport will receive additional revenues; if RCAP at a later date, based on Board direction of the different options it may see, decides that the percentage needs to be higher or lower it can be changed; and he wants to see the agreement approved but make it month-to-month and to begin the RCAP process so that the Board, outside of any consideration of an actual agreement in place at that time, are able to look at it and make some policy decisions.

 

Commissioner Voltz inquired when talking about going back and doing a different rate, if the Board does fair market value is whatever rate it comes up with going to be fair market value and will it be an issue; with Commissioner Nelson responding fair market value has a range apparently of between eight and 12 percent; stated it could change; but it would be based on whatever Board policy is.  Commissioner Nelson stated the Board may say that all of the leases are going to be at 12 percent and therefore, if it is run back through it may be higher than it currently is.  Commissioner Voltz inquired why does the Board not just do 12 percent and bring it back if necessary.

 

Chairman Scarborough stated his problem is the Board has got to cut $20 million in a budget; the Board will be slaughtering programs; there will be a different County; and the
Board is sitting here wanting to bring something to argue over.  He stated if he can get rid of it and not have it coming back he will vote for something to nail a coffin shut.  He stated if the item screamed it is outrageous and wrong he may have a problem with it.

 

Commissioner Nelson stated this is the second revenue that has come before it that should have been addressed by a process that was approved by the Board in August; for the second time it is skating through again; and he does not know what else to do.  He stated he voted for the Master Plan and this issue was in the Master Plan. 

 

Commissioner Bolin stated she does not see the sense in going month-to-month with the lease; there is a clause that says 90 days; and the Board can go back and look at it if it wants to. 

 

Commissioner Nelson stated he can live with the 90 days, but he wants to do a follow-up motion after this.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve a new Lease Agreement with Brevard County Mosquito Control District for property located at Valkaria Airport from July 1, 2008 through September 30, 2018; and approved waiving conflict and allowing the County Attorney’s Office to represent both parties to the lease.  Motion carried and ordered unanimously.  (See page                                       for Lease.)

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to direct staff to initiate the RCAP development, and to provide a draft to the Board in 90 days.  Motion carried and ordered unanimously.  

 

 

 

Chairman Scarborough called for a public hearing to consider Planning and Zoning recommendations of May 5, 2008, as follows:

 

VI.B.3. (Z0805102) David O. Holland’s request for a CUP for Alcoholic Beverages on On-Premises Consumption (beer & wine only) in a BU-1 zoning classification on 1.02 acres located on the west side of U.S. 1, south of Aurantia Road, which was approved by the Planning and Zoning Board.

 

John Evans, Attorney for the applicant, stated the applicant has agreed to construct two split-rail fences, one along the driveway to ensure traffic does not go into the driveway, and one along the south property line to ensure a lot between the driveway so the other property is not used as a parking lot; the chained linked fence will be repaired to make
sure people cannot go between one property to another; there will be no parking signs on the vacant lot; and the applicant agrees it will not open until such time as the split-rail fences are installed.

  

Chairman Scarborough inquired if the people objecting had gotten all of the problems they had solved; with Kevin Waters responding from what they were told the applicant is in compliance with every issue and there is nothing he and his wife could do.  Chairman Scarborough inquired who said that; with Cheryl Waters responding her bus driver handed her a letter today with the bus driver’s concern of there being a bus stop there; stated the bus driver spoke to her superiors.  Chairman Scarborough stated when he was being briefed by Mr. Enos, people attended that indicated there is a bus stop at that location; this particular item deals with something that could be less than compatible with the bus stop location; and he indicated that things like this normally find a Commissioner who has some concern in proceeding forward.  He stated while the Waters’ have entered into a Binding Development Agreement with the adjoining property, they have not spoken for other young people who may be at that bus stop.  Mr. Waters advised there are four bus stops within 500 feet of that location.

 

Mr. Evans stated the bus stops in front of Mr. and Mrs. Waters driveway and drops their child off; and there are official bus stops to the north and the south of Aurantia Road. Chairman Scarborough inquired if anyone has a map; with Mr. Evans responding yes.  Mr. Evans stated his client has agreed to support that the bus continue to pick up the Water’s child at their driveway.  Chairman Scarborough stated he can recall on many an occasion not voting to approve where there has been a bus stop in close proximity; and he wants to be sure that the whole story is told.  He stated when it came before the Planning and Zoning Board the issue was not discussed.  He stated he has to convince himself it is not putting young people in jeopardy. 

 

Kevin Waters stated his son is not supposed to be dropped off at another stop; and his bus stop is actually by the school in front of the bar, which used to be a hair store.  He advised the school bus driver does them a favor by coming 96 feet to his driveway.  Commissioner Voltz stated the bus driver just does it as a favor; and inquired if it is an official drop-off point; with Mr. Waters responding the official drop-off point was in front of the hay store.  Commissioner Voltz inquired if that is north or south from where the Waters’ live; with Mr. Waters responding north.

 

Cheryl Waters stated her daughter went back to school and she and her grandson moved back in with them; the original bus stop was labeled Hay Store; and that is the facility that was there at the building that is petitioning to be a bar.  She stated she and her husband would sit at the end of the driveway and the bus driver stopped at the hay store they would have to run over there; the bus driver out of kindness moved down to the driveway, which is exactly 96 feet; a week ago the bus driver told them that her paperwork now said hay store/4680, which is their address. 

 

Chairman Scarborough inquired if it will change the ability for her grandson to get on and off of the school bus; with Ms. Waters responding no; and stated the bus driver told her she did not like the idea of dropping a child off that close to a bar.  Chairman Scarborough stated he wants to table the item and maybe even visit with the bus driver; getting children on and off a bus safely is paramount; and he does not think if the Board does not hear this again until August that the world will fall apart.

 

Commissioner Bolin inquired how many children are picked up at the old hay store stop; with Ms. Waters responding only her grandson.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to table Item VI.B.3 to the August 7, 2008 Board of County Commissioners meeting.  Motion carried and ordered unanimously. 

                

    

Transportation Engineering Director John Denninghoff stated the item is a developer’s agreement with several corporations; the one that is financially most important is referred as Melbourne 95; it also involves the FDOT who has a project that was planned on U.S. 192 immediately east of I-95; that project was going have about $600,000 improvements constructed; and this developer, through this agreement, will construct those improvements as well as others.  He advised it will total a little over $3 million of impact fee credit eligible improvements.  He stated as a part of the agreement the County would also enter into an agreement with FDOT regarding that $600,000 they would pay to Brevard County; and the County would then use those funds to reimburse the developer.  He stated the total exposure in financial terms for the County with respect to this agreement is just over $2.4 million, which would be paid via the impact fees that were contributed to the impact fee program by the developer; that would be the maximum exposure the County has; and if the actual costs are lower than that then the reimbursement amount would go down.  He stated if anything goes wrong with the FDOT contribution for any reason, the developer compensation would be reduced to that $600,000.  He advised the only other issue of concern with the item is that staff has anticipated at this point is the question of closing John Rodes Boulevard one-quarter of a mile north of U.S. 192 to prohibit through traffic; it would allow local traffic only; by so doing it is estimated to save the costs of construction by $700,000; the closure would be between two to three months; and the $700,000 in savings would be $700,000 less the developer would be reimbursed and that the County would be able to keep those impact fees to contribute to another project that would be a permanent improvement rather than a temporary one.

 

Commissioner Voltz inquired when Mr. Denninghoff said temporary through traffic a quarter-mile north there is not really much of anything there, so how would it be
determined whether someone would be turning there; with Mr. Denninghoff responding typically the way this sort of arrangement is made is that there is construction some place within the middle of the project that prevents people being able to drive from one end to the other, but they can drive up any driveway from one end or the other; stated sometimes a person could actually drive through; but the road design and safety aspects of it do not meet the standards for an open to the public type of road.  He noted under those circumstances if someone does attempt to drive through he or she could be cited by law enforcement for a violation.  Commissioner Voltz advised it is just about a block from I-95 so it should not be a problem.  Mr. Denninghoff stated there are a limited number of driveways.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to continue resolution, developer’s agreement, and local funding reimbursement agreement for intersection improvements at U.S. 192 and John Rodes Boulevard to the second public hearing scheduled for July 8, 2008.  Motion carried and ordered unanimously.

 

 

 

Commissioner Voltz inquired if the Board agreed to pay the Airport back for the appraisal fees; and she does not know if it was part of the original motion.  She advised the fiscal impact is $3,250 that was paid for the appraisal.  Assistant County Manager Mel Scott advised when this was done in 2003 it came out of a General Fund Cost Center General Government Services, so staff has identified that as where the appraisal would come from.  Commissioner Voltz stated she believes the appraisal has already been paid for and the County just needs to pay Airport back.  Mr. Scott stated there is nothing outstanding and staff planned to move in that direction per the Agenda item.

 

Commissioner Nelson stated philosophically he does not agree and he will not be supporting the motion; and it should be paid for out of the Valkaria Airport proceeds.

 

Motion by Commissioner Voltz, seconded by Commissioner Voltz, to approve that the $3,250 for the cost of the appraisal come from the General Fund Cost Center for General Government Services.  Motion carried and ordered unanimously.

 

 

 

 

Upon motion and vote, the meeting adjourned at 7:35 p.m.

 

 

 

 

ATTEST:                                                        

                                                                         _________________________________

                                                                        TRUMAN SCARBOROUGH, CHAIRMAN

                                                                         BOARD OF COUNTY COMMISSIONERS

                                                                         BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

 

     (S E A L)