December 13, 2005

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 13, 2005, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

The Invocation was given by Tomas Lares, Assistant Director of Links of Hope, Cocoa, Florida.

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

APPROVAL OF MINUTES

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Minutes of April 14 and May 2, 2005 Special Meetings, and August 4 and 9, 2005 Regular Meetings. Motion carried and ordered unanimously.

AMENDMENT NO. 9 TO AGREEMENT WITH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, RE: SHORE PROTECTION PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Amendment No. 9 to Agreement with Florida Department of Environmental Protection to extend the deadline on accounting for expenditure of the grant funds for the Shore Protection Project from December 2005 to April 2006 to match the Army Corps of Engineers’ schedule for final cost accounting. Motion carried and ordered unanimously. (See page for Amendment No. 9.)

PUBLIC INTEREST DETERMINATION, RE: PROPOSED MAINTENANCE DREDGING
IN SUN HARBOR MARINA

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve a public interest determination for proposed maintenance dredging of approximately 130 cubic yards of accumulated silt and soil in the Sun Harbor Marina, a/k/a Camara Bay Condominium basin at 6155 U.S. Highway 1 in Melbourne. Motion carried and ordered unanimously.

 

 

PERMISSION TO ADVERTISE BIDS, AWARD BIDS, EXECUTE CONTRACTS, AUTHORIZE
INTERLOCAL AGREEMENTS, AND APPROVE BUDGET CHANGE REQUESTS, RE:
HURRICANE WILMA FEMA EMERGENCY BEACH BERM PROJECT

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to bid restoration of sand to the Mid Reach and South Beaches under the Hurricane Wilma FEMA Emergency Beach Berm Project; award bids to lowest qualified bidders, and negotiate contracts; authorize the Chair to execute contracts and staff to sole-source for efficient tasking of professional construction oversight and management services to AMEC Earth and Environmental, Inc. or pursue an interlocal agreement with another government agency; and approve anticipated Budget Change Requests. Motion carried and ordered unanimously. (See pages for Contracts, Agreement, and Budget Change Requests.)

FINAL ENGINEERING APPROVAL, RE: JUDGE FRAN JAMIESON WAY EXTENSION

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant final engineering approval for Judge Fran Jamieson Way Extension project, subject to minor engineering changes as applicable and developer obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

FINAL ENGINEERING, PRELIMINARY PLAT, AND FINAL PLAT APPROVALS, RE:
VIERA BOULEVARD OVERPASS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant final engineering, preliminary plat, and final plat approvals for Viera Boulevard Overpass, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.

RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
INDIGO CROSSING SUBDIVISION, PHASE 4

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution releasing Contract dated October 11, 2005 with The Viera Company for improvements in Indigo Crossing Subdivision, Phase 4, as developer has completed all improvements. Motion carried and ordered unanimously. (See page for Resolution No. 05-336.)

SITE PLAN EXTENSION, RE: HARBOR ISLAND

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to waive the time limitation provision of Section 62-3205 for Harbor Island project, and approve a six-month extension to the time limitation for review and approval of the site development plans from November 12, 2005 to May 12, 2006. Motion carried and ordered unanimously.

SITE PLAN EXTENSION, RE: WEST SR 520 GAS MART

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to waive the time limitation provision of Section 62-3205 for the West SR 520 Gas Mart and approve six-month extension to the time limitation for review and approval of the site development plans from January 10, 2006 through July 10, 2006. Motion carried and ordered unanimously.

SITE PLAN EXTENSION, RE: GURU INVESTMENT CONVENIENCE STORE

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to waive the time limitation provision of Section 62-3205 for the Guru Investment Convenience Store and approve six-month extension to the time limitation for review and approval of the site development plans from January 13, 2006 through July 13, 2006 to allow the applicant to respond to Natural Resources comments. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH RICHARD WILLIAM PIERRE, RE:
PROPERTY ON SOUTH SIDE OF FLORIDA BOULEVARD, EAST OF NORTH
COURTENAY PARKWAY

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Richard William Pierre/First Christian Church of Merritt Island, providing conditions for development of property located on the south side of Florida Boulevard, east of North Courtenay Parkway; and approve refund to Mr. Pierre of approximately $800 as the Board changed the zoning and required the applicant to make application. Motion carried and ordered unanimously. (See page for Agreement.)

PERMISSION TO BID, AWARD BID, AND EXECUTE CONTRACT, RE: UPPER
EAU GALLIE DRAINAGE IMPROVEMENTS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to bid the second phase of the Upper Eau Gallie Drainage Improvement projects; award bid to lowest responsible bidder; and authorize the Chair to execute the Contract. Motion carried and ordered unanimously. (See page for Contract.)

PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE CREATING
LEGHORN AND PINE ROAD PAVING MSBU

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance creating the Leghorn and Pine Road Paving Municipal Service Benefit Unit (MSBU). Motion carried and ordered unanimously.

 

CERTIFICATION OF STAFF SERVICES AGREEMENT WITH BREVARD METROPOLITAN
PLANNING ORGANIZATION, RE: TRANSPORTATION PLANNING

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Certification of Staff Services Agreement with Brevard Metropolitan Planning Organization extending the Agreement through December 31, 2006 for transportation planning services in the Brevard urbanized area. Motion carried and ordered unanimously. (See page
for Agreement.)

APPROVAL, RE: PERMANENT PART-TIME OFFICE ASSISTANT POSITION FOR
TRANSPORTATION PLANNING OFFICE

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve a permanent part-time office assistant position for the Transportation Planning Office in support of the Metropolitan Planning Organization. Motion carried and ordered unanimously.

RESOLUTION, RE: REVISING SANCTUARY MANAGEMENT MANUAL OF
ENVIRONMENTALLY ENDANGERED LANDS PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution revising the Sanctuary Management Manual of the Environmentally Endangered Lands Program as recommended by the EEL Program Selection and Management Committee. Motion carried and ordered unanimously. (See page for Resolution No. 05-337.)

AMENDMENTS TO LEASE AGREEMENTS WITH MARTIN ANDERSEN SENIOR CENTER
AND NORTH BREVARD SENIOR CENTER, INC., RE: ADDITIONAL EXTENSION TO
EXPIRATION DATES

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Amendments to Lease Agreements with North Brevard Senior, Inc. and Martin Anderson Senior Center, providing additional 90-day extensions to the expiration dates. Motion carried and ordered unanimously. (See pages for Amendments.)

DEED OF CONSERVATION EASEMENT WITH DAVID L. LANEY AND CHERYL ANN
BARNES, RE: PROPERTY LOCATED IN SCOTTSMOOR

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept Deed of Conservation Easement from David L. Laney and Cheryl Ann Barnes on 40 acres of property located in Scottsmoor. Motion carried and ordered unanimously. (See page for Deed.)

 

AGREEMENT WITH AREA AGENCY ON AGING OF CENTRAL FLORIDA, INC. d/b/a
SENIOR RESOURCE ALLIANCE, RE: FUNDING OF HEALTH AND WELLNESS
PROGRAMS FOR SENIORS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the County Manager to execute Agreement and future agreements with the Area Agency on Aging of Central Florida, Inc. d/b/a Senior Resource Alliance for continued funding of the Health and Wellness Coordinator position pending review by the County Attorney and Risk Management. Motion carried and ordered unanimously.

LOAN FROM FLORIDA LOCAL GOVERNMENT COMMERCIAL PAPER PROGRAM,
RE: SHARPES COMMUNITY CENTER

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize borrowing $2.6 million from the Florida Local Government Commercial Paper Program for construction of the Sharpes Community Center. Motion carried and ordered unanimously.

ACKNOWLEDGE RECEIPT, RE: FLORIDA DIVISION OF FORESTRY 2004-05 ANNUAL
REPORT ON FIRE CONTROL ACTIVITIES IN BREVARD COUNTY

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to acknowledge receipt of the Florida Division of Forestry 2004-05 Annual Report on Fire Control activities in Brevard County. Motion carried and ordered unanimously.

PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND
NEGOTIATING COMMITTEES, AND EXECUTE CONTRACT, RE: COMPREHENSIVE
COUNTYWIDE MASTER SPACE PLAN

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise request for proposals from qualified firms for development of a Comprehensive Master Space Plan; appoint Assistant County Manager Don Lusk, Court Administrator Mark Van Bever, and Facilities Director Steven Quickel or their designees to the Selection and Negotiating Committees; and authorize the Chair to execute the Contract. Motion carried and ordered unanimously. (See page for Contract.)

GRANT AGREEMENT WITH EAST COAST ZOOLOGICAL SOCIETY OF FLORIDA, INC.,
d/b/a BREVARD ZOO, RE: EXPANSION OF PHASE I, AFRICA EXHIBIT SCOPE OF
WORK

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with East Coast Zoological Society of Florida, Inc. d/b/a Brevard Zoo, to expand the original Phase I, Africa Exhibit scope of work, permit the Zoo to refinance the current loan plus $300,000 and cost of issuance, and provide for termination date for the TDC Capital Facilities funding upon satisfaction of the original loan amount with continued funding from 15% of the third cent tourist tax. Motion carried and ordered unanimously. (See page for Agreement.)

APPROVAL OF POSITIONS AND BUDGET CHANGE REQUESTS, RE: TOURISM
DEVELOPMENT OFFICE

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve two additional full-time equivalent positions of Visitor Information Center Manager and Web Site and Research Specialist for the Tourism Development Office; and approve required Budget Change Requests. Motion carried and ordered unanimously. (See pages for Budget Change Requests.)

PERMISSION TO BID, AWARD BID, AND PURCHASE, RE: TRAVEL TRAILER AND
MODULAR REPLACEMENTS FOR STATIONS 66, 67, AND 84

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to ratify emergency purchase of a travel trailer at $22,000 for use as a temporary fire station; grant permission to bid and award bid to the lowest qualified bidder for replacement of modular Fire Stations 66, 67, and 84; and authorize use of Repair and Replacement Reserve Funds to fund the capital assets. Motion carried and ordered unanimously.

APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to appoint and/or reappoint David Paterno to the Affordable Housing Council with term expiring December 31, 2006, and Laura Ward with term expiring December 31, 2007; Bobbie McMillan to Art in Public Places Committee with term expiring December 31, 2006; Amy Faulkner, Joan Madden, Dr. John O. Potomski, Jr., and Joseph Steckler to the Brevard Commission on Aging with terms expiring December 31, 2006; Cindy Flachmeier, Janie Holman, Beverly Jones, Dr. Paula Krist, Peggy Moore, Evelyn Morrison, and Pearl Crosby Smith to the Brevard County Commission on the Status of Women, with terms expiring December 31, 2006; R. J. Durham, Mike Myjak, and Fran Wales to the Building and Construction Advisory Committee, with terms expiring December 31, 2006; Reverend Cannon Kite-Powell and Patsy Shearer to the Central Brevard Library and Reference Center Advisory Board, with terms expiring December 31, 2006; Amy Tidd and Dale Young to the Citizens Budget Review Committee, with terms expiring December 31, 2006; Juanita Barton, Fannye Faye Johnson, David Paterno, and Yvette Torres to the Community Action Board, with terms expiring December 31, 2006; Leonard Beckett to the Community Development Block Grant Advisory Board, with term expiring December 31, 2008; Charles Boudreaux, Pete Cario, William Keyser, Leon Tucker, Todd Turner, and Nick Witek to the Contractors Licensing Board, with terms expiring December 31, 2006; Liz Lackovich, Cheryl Lawson-Young, and Ruth Santomassino to the Country Acres Advisory Board, with terms expiring December 31, 2006; David Matte to the Economic Development Commission of the Space Coast, with term expiring December 31, 2006; Bob Champaigne, Murray Hann, Karen Hill, Beverly Pinyerd, Paul Saia, and Dorn Whitmore to the EELS Program Recreation and Education Advisory Committee, with terms expiring December 31, 2006; Kathleen England, Evelyn Guadalupe, and Yvette Torres to the Employee Benefits Advisory Committee, with terms expiring December 31, 2006; Wayne Mozo, Sharon Savastio, Leesa Souto, Diane Stees, and Kim Zarillo to the Environmentally Endangered Lands Procedure Committee, with terms expiring December 31, 2006; Emil Miller to the Health Facilities Authority, with term expiring December 31, 2009; Ed Bradford, Alan Brech, Jim Culbertson, Roz Foster, Elaine Liston, Ada Parrish, David Paterno, and Yvonne Shingler to the Historical Commission, with terms expiring December 31, 2006; Peter Rochester to the Investment Committee, with term expiring December 31, 2006; Vaughn Holeman and Maureen Rupe to the Landscaping, Land Clearing, and Tree Protection Task Force, with terms expiring December 31, 2006; Pat Freeman, Fritz Kzwohl, and Fernanda Safarik to the Library Board, with terms expiring December 31, 2006; Gary Hanlin, Tom McGill, John Mongioi, Wayne Mozo, Al Pappas, and Heie Simonsen to the Marine Advisory Council, with terms expiring December 31, 2006; Dr. Chris Fenton to the Medical Services Review Committee, with term expiring December 31, 2006; Eddie Carr, Ed Coburn replacing Ken Ross, Clarence Mills, Ayn Samuelson, and Sharon Savastio to the Metropolitan Planning Organization Citizens Advisory Committee, with terms expiring December 31, 2006; William Jewell, Donald Messenger, and Robert Smith to the Mims/Scottsmoor Public Library Advisory Board, with terms expiring December 31, 2006; Gigi Henkel to the North Brevard Commission on Parks and Recreation, with term expiring December 31, 2006; Howard Wolf to the Onsite Sewage Disposal Variance Board, with term expiring December 31, 2006; Ramona Birmingham, John Corelli, Mary Geoltz, Jerry Jagrowski, Mary Ann Kise, and Ted Whitlock to the Parks and Recreation South Service Sector Advisory Board, with terms expiring December 31, 2006; Johnny Albert Diggs, Cleve Frink, Sheila Hutcheson, and Susan Stehman to the Personnel Council, with terms expiring December 31, 2006; Bill Cannon replacing Ken Pontius, Eddie Carr, Cleve Frink, Jerry Jagrowski, Evelyn Morrison, Paul Saia, Matt Sokoloski, and Laura Ward replacing Ed Coburn on the Planning and Zoning Board, with terms expiring December 31, 2006; Carmella Chinaris, Constantine Daniel, Pamela Ferraro, and Maureen Rupe to the Port St. John Public Library Advisory Board, with terms expiring December 31, 2006; Clarence Mills and Christopher Pastirik to the Public Golf Advisory Board, with terms expiring December 31, 2006; Amy Tidd to the Recycling Citizens Advisory Committee, with term expiring December 31, 2006; Roger Boatman, Veronica Clifford, Patrick Corr, Frank Kinney, and Lily Renzetti to the Spaceport Commerce Park Authority, with terms expiring December 31, 2006; June Baker, James Gould, Dr. Rochelle A. Kenyon, Terri Kotzen, Dot Lawless, and Donald Mandery to the Suntree/Viera Public Library Advisory Board, with terms expiring December 31, 2006; Carlos Colon to the Veterans Memorial Park Advisory Board, with term expiring December 31, 2006; Robert Doucette, Dan Faden, and Del Yonts to the Valkaria Airport Advisory Board, with terms expiring December 31, 2006; Nelle Ayres, Julia Derrick, and Stephany Eley to the West Melbourne Public Library Advisory Board, with terms expiring December 31, 2006; and Sondra Ball, Dale Young, and Ed Dean to the Zoning Board of Adjustment, with terms expiring December 31, 2006. Motion carried and ordered unanimously.

APPROVAL, RE: BILLS AND BUDGET CHANGES

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the bills and Budget Change Requests as submitted. Motion carried and ordered unanimously. (See pages for List of Bills and Budget Change Requests.)

REPORT, RE: SANTA’S VISIT

Santa Claus visited the Board of County Commissioners and presented gifts to each Commissioner, County Attorney, and County Manager.

REPORT, RE: REMOVAL OF AGENDA ITEMS

County Manager Peggy Busacca requested Item VIII.C.2., Recommended Order, Re: Denial of Gene and Ann Renfro’s Vested Rights Petition be removed and scheduled for another date; and Item VII.C.3., Authorize Commercial Paper Loan, Request Florida Local Government Finance Commission and Wachovia Bank to Extend Commercial Paper Loan Capacity and Prepare Loan Resolution, and Authorize Chair and County Attorney to Sign Loan Documents and Make Necessary Budget Changes, Re: Parks Referendum Projects, be removed from the Agenda for additional work and information.

REPORT, RE: WELLNESS CHALLENGE

Insurance Director Gerard Visco introduced Consultant John Robinson, and advised of the various activities involved in the Wellness Challenge between the County and School Board.

John Robinson advised of the number of participants, report cards received, and the Board of County Commissioners receiving the first trophy. He presented the trophy to Chair Voltz; and stated winbrevard.com can help the Board with future challenges.

REPORT, RE: ILLEGAL MOORING BUOYS

Commissioner Carlson stated last week the Board discussed solutions to ongoing problems concerning boating issues; Natural Resources Management Director Ernie Brown presented several suggestions and the Board acted on them favorably; the third suggestion was to request the Sheriff have his Agriculture Marine Unit remove the illegal buoys in the Banana River Aquatic Preserve; but apparently the request was not sufficiently clear to be acted upon by the Sheriff. Commissioner Carlson stated since the Board knows all permitted buoys have a Department of Environmental Protection permit number on them, and that none of the buoys in question have permit numbers, she would like to have the Board confirm that it is requesting the Sheriff to have his Marine Unit remove the illegal buoys.

Motion by Commissioner Carlson, to request the Sheriff have his Agriculture Marine Unit remove illegal buoys in the Banana River Aquatic Preserve.

Commissioner Colon suggested getting feedback from the Sheriff’s Department first. Commissioner Carlson stated the Board has been talking about it and actually acknowledged it twice, but it was not enough; and it was not clarified in the memorandum that went out. Commissioner Colon stated her question has to do with funding; and inquired if it is going to create a financial issue for the Sheriff’s Department to go out and do that kind of cleanup. Commissioner Carlson stated it is just a matter of going out to the buoys and taking them out; she has no idea what it would cost, and maybe staff can bring that back; but the Board did acknowledge it twice; however, it was not clear enough for the Sheriff to act on it. She stated she does not know if it is a budgetary issue, but it was not brought up that way.

Chair Voltz stated it was not a financial issue, but the direction of the Board was not clear as to whether the Sheriff’s deputies should take them out. Commissioner Carlson stated there are two live-aboards in her District in the Aquatic Preserve that are connected to illegal buoys; they were notified by Department of Environmental Protection to get off the buoys and leave, but they have not; so the Board needs the Sheriff to come in and assist. She stated perhaps the Board can get something back from the Sheriff unless it wants to reconfirm what it has done.

County Manager Peggy Busacca advised she will have someone contact the Sheriff and bring back the information later in the meeting.

REPORT, RE: APPOINTMENTS OF DISTRICT 4 MEMBERS

Commissioner Carlson stated there is a list of board and committee members from District 4, and she will make a motion to appoint and/or reappoint all of them with one motion.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to appoint the members to boards and committees from District 4, as noted in the previous item of Appointments/Reappointments. Motion carried and ordered unanimously.

REPORT, RE: GREATER CANAVERAL CHAPTER OF BARBERSHOP HARMONY

The Greater Canaveral Chapter of Barbershop Harmony performed a few songs for the Board; advised of events they perform for; and wished the Board a Merry Christmas.

REPORT, RE: CHRISTMAS SEASON AND PARTIES

Commissioner Colon wished everyone a wonderful Christmas; and stated they should enjoy their families and friends and keep in mind what the season is about.

Chair Voltz invited everyone to her Christmas party from 11:00 a.m. to 3:00 p.m.

Commissioner Carlson advised District 4’s Christmas party will be from 12 noon to 3:00 p.m. on Monday in the Space Coast Room.

RESOLUTION, RE: PROCLAIMING COUNTRY ACRES CHILDREN’S HOME
35TH ANNIVERSARY WEEK

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming December 19 through 23, 2005, as Country Acres Children’s Home 35th Anniversary Week. Motion carried and ordered unanimously. (See page for Resolution No. 05-338.)

Ian Golden, Country Acres Program Manager, thanked the Board for the Resolution on behalf of the staff, advisory board, and abused children; and advised of the services provided to abused and/or neglected children at Country Acres over the past 35 years.

Chair Voltz presented the Resolution to Mr. Golden.

RESOLUTION, RE: PROCLAIMING NATIONAL HOMELESS PERSON’S MEMORIAL DAY

Commissioner Colon read aloud a resolution proclaiming December 21, 2005, as National Homeless Person's Memorial Day.

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution proclaiming December 21, 2005, as National Homeless Person’s Memorial Day in Brevard County. Motion carried and ordered unanimously. (See page for Resolution No. 05-339.)

Commissioner Colon presented the Resolution to representatives from the Salvation Army, Daily Bread, North Brevard Charities, Congregations for Community Action, and Brevard County Housing and Human Services Department. Chair Voltz thanked the representatives for what they do.

RESOLUTION, RE: COMMENDING EAGLE SCOUT ADAM KLETT

Chair Voltz read aloud a resolution commending Adam Klett for attaining the rank of Eagle Scout.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution commending Adam Klett for attaining the rank of Eagle Scout. Motion carried and ordered unanimously. (See page for Resolution No. 05-340.)

Adam Klett explained his project and how he accomplished the construction of St. Joseph Catholic Church Cemetery Memorial in Palm Bay.

Chair Voltz presented the Resolution to Mr. Klett and congratulated him on his wonderful project.

ACCEPTANCE OF LATE BID, RE: BID #B-3-05-145, CONSTRUCTION OF SOUTH
BEACH COMMUNITY PARK

James Abod of BRPH Construction Services, Inc. explained the circumstances surrounding the bid process for Bid #B-3-05-145, Supervision of Construction of South Beach Community Park and why his bid was a minute late due to terrible traffic because of the collapsed culvert; and stated even though they were in the building before the deadline, the staff member finished what she was doing then came and stamped in their bid.

Arthur Lloyd of Canaveral Construction stated his bid was received on time, and opposed acceptance of the late bid.

Discussion ensued on the traffic, office procedures, being in the office before the deadline but staff not reacting right away, minor irregularities, and cost to taxpayers.

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to accept the bid of BRPH Construction Services, Inc. for Bid #B-3-05-145, Construction Supervision and Project Coordination for Development of South Beach Community Park, received in the Purchasing Services Office one minute past the deadline.

PUBLIC COMMENTS

The Board acknowledged public comments from Curt Lorenc about problems at Valkaria Airport; Janis Walters about the Valkaria Airport Manager; Maureen Rupe about attacks by Commissioner Pritchard and capit; Joan Wheeler about violation of the Sunshine Law; Walter Pine about free speech and public records law; Linda Mason about Valkaria Airport Advisory Board; Francis Herr about following the chain of command rather than having a public forum regarding problems; and Thelma Roper about free speech and public figures.

Commissioner Colon stated when a citizen has something to say before the Board, the Board should allow all parties to speak before responding because it has the right to set the record straight. She stated they should address the Board and not get into personal attacks; and the Chair should allow responses.

Chair Voltz stated they do not need to get into a match and should let the public have its say then respond and not attack the public. Commissioner Colon stated when Commissioner Pritchard was Chairman, he allowed Chair Voltz to respond when she was attacked.

Commissioner Pritchard responded in 1996, 85% voted to limit the amount of tax above rollback; litigation was initiated by Kay Burk, then Sheriff Phil Williams, and others; and Ms. Rupe went along for the ride and got involved; and explained the circumstances regarding the capit issue.

Commissioner Colon requested the County Attorney share the legal aspect of the lawsuit; with County Attorney Scott Knox responding at the time it came up, the Board instructed him to go to the hearing and the judge said it was invalid so he came back and informed the Board of that.

PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF UNIMPROVED RIGHT-
OF-WAY IN SUBDIVISION OF FARMS 75 THROUGH 81, EAST EXTENSION OF
SCOTTSMOOR - WALLACE B. AND BETTY S. PATTERSON, AND ROBERT A. AND
BONNIE M. MOORE

Chair Voltz called for the public hearing to consider a resolution vacating a portion of an unimproved right-of-way in Subdivision of Farms 75 through 82, East Extension of Scottsmoor, as petitioned by Wallace and Betty Patterson, and Robert and Bonnie Moore.

Commissioner Scarborough commented on the issues involved with the vacating.

There being no other comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution vacating an unimproved right-of-way (Pine Street) in Subdivision of Farms 75 through 81, East Extension of Scottsmoor, as petitioned by Wallace and Betty Patterson and Robert and Bonnie Moore. Motion carried and ordered unanimously. (See page for Resolution No. 05-341.)

PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 2, PART 10 - BAREFOOT BAY REALTY, INC. (JAMES
AND DOREEN NICHISTI

Chair Voltz called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10, as petitioned by Barefoot Bay Realty, Inc. representing James and Doreen Nichisti.

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, Part 10, as petition by Barefoot Bay Realty, Inc. representing James and Doreen Nichisti. Motion carried and ordered unanimously. (See page for Resolution No. 05-342.)

PUBLIC HEARING, RE: RESOLUTION VACATING PORTIONS OF PUBLIC UTILITY AND
DRAINAGE EASEMENTS IN WATERWAY ESTATES, 4TH ADDITION - MARY ROOKS

Chair Voltz called for the public hearing to consider a resolution vacating portions of public utility and drainage easements in Waterway Estates, Fourth Addition, as petitioned by Mary P. Rooks.

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating portions of public utility and drainage easements in Waterway Estates, Fourth Addition, as petitioned by Mary P. Rooks. Motion carried and ordered unanimously. (See page for Resolution No. 05-343.)

PUBLIC HEARING, RE: RESOLUTION EXTENDING CURRENT CABLE TELEVISION
FRANCHISE AGREEMENT WITH ADELPHIA COMMUNICATIONS CORPORATION

Chair Voltz called for the public hearing to consider a resolution extending the current cable television Franchise Agreement with Adelphia Communications Corporation.

Commissioner Scarborough stated Adelphia is transitioning out and asking to continue the franchise; however, his concern is if it will continue its commitment, and if there is a method to ensure that occurs.

Economic and Financial Programs Director Greg Lugar advised there is a $20,000 performance bond.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution extending the current cable television Franchise Agreement with Adelphia Communications Corporation to December 31, 2006. Motion carried and ordered unanimously. (See page for Resolution No. 05-344.)

PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, SECTIONS 62-1102,
62-1835.4.5, AND 62-1333, DEFINITION OF FISH CAMP TO PERMIT ACCESSORY
RESTAURANT USE

Chair Voltz called for the first of two public hearings to consider an ordinance amending Chapter 62, Sections 62-1102, 62-1835.4.5, and 62-1333, Definition of Fish Camp to permit accessory restaurant use.

Bobby Fleckinger requested increase in seats for the restaurant; and stated they have 21 acres and if they have a lot of campers and boaters, 50 seats will not accommodate them.

Commissioner Scarborough stated he does not have a problem increasing the seats; it is a unique site and will serve people who come for tours.

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Pritchard, to move the ordinance redefining fish camp to permit restaurant as accessory use, amended to allow 100 seats instead of 50 seats, to the final hearing. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: TRANSMITTAL OF 2005-B COMPREHENSIVE PLAN
AMENDMENT PACKAGE TO DEPARTMENT OF COMMUNITY AFFAIRS

Chair Voltz called for the public hearing to consider transmittal of the 2005-B Comprehensive Plan amendment package to Department of Community Affairs.

Commissioner Scarborough stated B.5 and B.6 had a lot of opposition; and recommended they be re-addressed under 2006A. He stated B.1 should be continued for inclusion in the 2006A package as well. He stated B.2. is in line with what the Board heard before.

Commissioner Pritchard stated B.7 requested Residential 6. Commissioner Carlson stated she does not have a problem with 6, but if the Board allows 15 to continue, there was another individual, Mr. Clayton, who wanted 15 units.

Walter Pine stated he requested a corrected copy of the Future Land Use Map and has yet to receive it. Planner III Todd Corwin advised of what was provided to Mr. Pine.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve 2005B.1 for transmittal to Department of Community Affairs. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve 2005B.3 for transmittal to Department of Community Affairs. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to not submit 2005B.5 and 2005B.6 to Department of Community Affairs at this time because of small scale plan amendments. Motion carried and ordered unanimously.

Commissioner Carlson stated 2005B.7. deals with a lot of acreage and recommended RU-2-6 and RU-2-4. Mr. Corwin stated there are areas that may need transition and RU-2-4 is next to Subdivisions.

Jay Schenck stated he owns 11 acres and was hoping to develop them; if it is RU-2-6 or higher, he could build up and leave green areas as opposed to RU-2-4; and requested the Board do no less than RU-2-6.

Commissioner Carlson stated staff is in the process of looking at coastal high hazard areas which is more significant because of hurricanes; and it would be her preferences to go with RU-2-6 based on the small area plan and to compromise those who wanted higher densities.

Denis Drake advised of his experience and receipt of a unanimous vote to leave it alone; described the surrounding area; and requested up to 15 units.

Robert Lancaster stated his property is not part of the study and requested it remain the same as it is.

Commissioner Carlson stated 15 units is advisory and if it is not compatible with the area, it may not get approval.

Discussion ensued on public meetings with property owners, whether notifications were received or not, and how does staff monitor that.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to table 2005B.7 until February 6, 2006.

Clayton and Carol Korecky stated they have owned the property since the 1960’s and want to use it for retirement, but now they have received a letter saying it is going to change to 4 or 6 units per acre, which will take 40% to 60% of the property value. She requested their property, which is 2,000 feet deep and 1,200 feet wide, be taken individually rather than grouped with others or left as is; and stated their home is on the property. Mr. Corwin stated it is BU-1 on the front and AU residential on the back of the property.

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

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize transmittal of 2005.B.8. to Department of Community Affairs. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize transmittal of 2005.B.9. to Department of Community Affairs. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize transmittal of 2005.B.10. to Department of Community Affairs. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize transmittal of 2005.B.11. to Department of Community Affairs. Motion carried and ordered unanimously.

PUBLIC HEARING, RE: ADMINISTRATIVE REZONING OF SEBASTIAN RIVER
BUFFER PRESERVE

Chair Voltz called for the public hearing to consider administrative rezoning recommendation of the Planning and Zoning Board, made at its public hearing on November 7, 2005, and continued by the Board of County Commissioners on December 1, 2005, as follows:

Item V.B.31. (Z05110308) Brevard County Board of County Commissioners, on its own motion on September 13, 2005, and pursuant to Section 62-1152, Brevard County Code, authorized administrative rezoning on property owned by St. Johns River Water Management District and State of Florida IITF from GU and AU to GML(P) on 10,836.5? acres located east of Babcock Street, and south of Micco Road to the County line, which was recommended for approval by the P&Z Board.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to approve administrative rezoning of 10,836.5? acres owned by St. Johns River Water Management District and the State of Florida IITF consisting of the Sebastian River Buffer Preserve east of Babcock Street and south of Micco Road to the County line, from GU and AU to GML(P), as recommended by the P&Z Board. Motion carried and ordered unanimously. (See page for Zoning Resolution.)

DISCUSSION AND STAFF DIRECTION, RE: VALKARIA AIRPORT MASTER PLAN,
AIRPORT LAYOUT PLAN, AND ADDITIONAL HANGAR FINANCIAL ANALYSIS

Chair Voltz advised there are 52 speaker cards on the Valkaria Airport issues. Commissioner Colon stated the Board has a 1:30 p.m. time certain on the Viera Stewardship District Act. Chair Voltz stated that will be quick, but there are a lot of people who cannot stay, so the Board will get done what it needs to get done. She requested Valkaria Airport Manager Stephen Borowski give the Board his credentials and advise of what happened at the meeting.

Valkaria Airport Manager Stephen Borowski advised of the changes of the Valkaria Airport Advisory Board meeting from Palm Bay Public Library to West Melbourne Public Library and then to Meadowlane Elementary School Cafeteria, the reasons for the changes, the advertisements and notices in the newspaper, on the Internet, and by staff contacting people by email, fax, and telephone, and the activities that took place at the meeting, which was not called to order. He also gave the Board a report on his credentials, education, and past experiences in aviation.

Assistant County Manager Ed Washburn advised they interviewed four candidates for the position and selected Mr. Borowski as well qualified to do the job.

Commissioner Pritchard stated the Board is fortunate to have Mr. Borowski, his credentials are outstanding, and he has the ability and master planning experience.

Milo Zonka, Arthur Irvine, Walter Pine, Margaret Napolitan, Frank Gallagher, Pat Poole, Robert Griffin, Jill Liles, Douglas Morrison, Joseph McClure, Christopher Tompkins, Leroy Rotgers, Tom Angello, Linn Walters, Louise Walters, Howard Whitmore, Robert Roslaniak, Wayne Lanza, Robert Munch, Barbara Lasher, Richard Lasher, Richard Adams, Karoly Ceegleoh, Dan Faden, David Koshinski, J. Curtain, John Mason, and Linda Mason addressed their concerns to the Board regarding the Airport Master Plan, Layout Plan, and additional hangars.

The meeting recessed at 12:46 p.m., and reconvened at 1:31 p.m.

CITIZEN REQUEST - JAY A. DECATOR, III, DIVISION COUNSEL FOR THE VIERA
COMPANY, RE: VIERA STEWARDSHIP DISTRICT ACT SUPPORT

Jay Decator, III, Division Counsel for The Viera Company, requested the Board support an Act proposed by the Company to establish the Viera Stewardship District pursuant to Chapter 189, Florida Statutes, governing West Viera planning area; and explained the location of the proposed planning area.

Cheryl Stuart, Special Counsel for The Viera Company, explained the proposed district and the proposed number of units; and requested support of their efforts to establish the district.

Commissioner Colon stated the Cities of Rockledge and Melbourne do not want the Board to go forward with this issue before they are involved because of traffic issues from 10,000 units or more. Ms. Stuart stated the Board is not being asked to establish the district and would not have any obligations; none of the issues with traffic are affected by what they are asking for today; and it will not affect Melbourne or Rockledge. Commissioner Colon stated if the Board approved it today instead of tabling it and letting the workshop take place, it would be sending the wrong message.

Commissioner Pritchard stated it was his understanding they are trying to create a district to levy fees for development, roads, and infrastructure, and they would charge the people moving in by the same manner as a municipality would charge. Ms. Stuart stated the district has three revenue sources; it can charge fees like a 190 district; it can levy special assessments on property that benefit; and while they have the authority to levy a millage in the act, it can only be exercised after the board is fully comprised of residents and after a referendum, so millage is not something that is commonly used.

Commissioner Pritchard stated the permitting will come to the Board, so why Rockledge and Melbourne want to be part of the discussion he does not understand since the density issue rests with the Board. He stated The Viera Company is looking for an avenue to charge people who want to live there an amount for infrastructure.

Commissioner Colon stated she will be more specific since folks did not get it; the traffic on Wickham Road is already terrible; there is only one way in and one way out; and hopefully they expedite some of the projects to be able to have the overpass. She stated the traffic in Viera is causing concerns to the cities; the monies from the special district are staying within the district instead of going to the general fund; and inquired if that is correct; with Ms. Stuart responding it is incorrect because any tax dollars levied by the County are the County’s dollars and anything the district imposes stays with the district to build infrastructure required. Commissioner Colon inquired if the district determines what will be levied; with Ms. Stuart responding yes.

Commissioner Carlson expressed concern about the perception of rubber stamping the extension of the DRI, Wickham Road, caveats that need to be included in the district documents, the act going away if the substantial deviation to the DRI is not approved, County impact fees, and other outstanding issues. Ms. Stuart stated the district cannot impose impact fees and will levy special assessments for infrastructure needs with benefit to the property; and there is a transition mechanism when it meets a certain threshold set by the State.

Commissioner Pritchard stated he read somewhere that it would have 14,000 units, but thought it was to be 10,000 plus over 30 years; with Steve Johnson responding they have only 10,800 units, but in the 189, they may have more units than that. Ms. Stuart stated if they do not receive a development order, the document will automatically dissolve.

County Attorney Scott Knox stated he send an email about the County providing fire, mosquito control, and sewer service among others, and Mr. Decator indicated change to the language to make it clear that if the district builds those facilities, it can make residents use them, so there could be potential conflicts.

Commissioner Carlson stated it would be double taxation. Ms. Stuart stated there will not be duplicates of those services; and they will put it in the draft document. Commissioner Carlson advised it should state that the district will not provide services that would compete with the County.

Commissioner Colon inquired if the District is not approved, how many units could they build; with Ms. Stuart responding they are able to build what the County allows, but the Board is not making that decision today. Commissioner Colon stated the perception in the community is they are allowed to do what they want while cities have to go through tremendous scrutiny; and because of that, she is not comfortable approving it. She suggested tabling it to the second meeting in January and having a workshop with The Viera Company and cities; and stated there is nothing wrong with tabling something of this magnitude.

Clerk of the Courts Scott Ellis stated his concern is not density, but the legal framework of the district; the residents will not take control until they have 21,000 people, which could take decades; and the bonds would be voted on for 20 to 30 years by a handful of people. He inquired if the bonds default, does that mean they levy a special assessment on all homeowners and that they have the right to lien the property; and if they do an MSTU, will that be under the cap. He noted they would be setting up a pseudo city that is not a city.

Discussion ensued on the transition from developer to property owners, adjustment to the controlling interest so residents can be in the decisionmaking process, community development district, average persons per household, incorporation, services to be provided by the district, golf course value, outstanding issues, percentage of qualified electors to meet threshold, number of units, total acreage, and total buildout.

Commissioner Carlson stated it is difficult to move on with issues outstanding; and suggested bringing everyone together, including the cities, Clerk, and her office to iron out issues to be brought back to the Board in January 2006. Ms. Busacca advised the Board could meet on January 26 in the afternoon after the Growth Management Workshop in the morning; and stated the January 19 workshop was moved to January 31 because of leadership training for Department Directors.

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize the County Manager to coordinate a workshop with the Board, The Viera Company, Clerk of Courts, and the Cities of Rockledge and Melbourne to discuss the proposed Viera Stewardship District Act to create the Viera Stewardship District. Motion carried and ordered unanimously.

Del Yonts, Curt Lorenc, Janis Walters, Mike Whaley, Normand Allen, and Judith Nash expressed their concerns to the Board regarding the Valkaria Airport Master Plan; and Ms. Nash commented on the mix up with the VAAB meeting.

The meeting recessed at 2:52 p.m., and reconvened at 3:02 p.m.

The Board discussed the funding issues, FDOT and FAA monies, the airport layout and master plans, and contracting with FIT to do the plans. The Board heard a presentation from Mike Parker with FIT on a scope of service, and its capabilities and expertise in preparing plans.

Discussion continued about the scope of service, the golf course, conservation easements, and periodic updates to the master plan.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to direct the Valkaria Airport Manager to return to the Board at the January 24, 2006 meeting with a scope of work and costs.

Chair Voltz stated the community needs to know what is happening, and she wants to be involved with meetings to know what is going on. Commissioner Carlson inquired if the scope will include the VAAB. Mr. Borowski stated FIT assigns people by semesters who have time to work on it; and it will have someone available at the beginning of the year. Chair Voltz instructed Mr. Borowski to return on January 24 with specifics; with Mr. Borowski responding it would miss the window of opportunity with FIT. Commissioner Colon stated it would be beneficial to share with the manager what the Board does not want to see at the Airport; and constituents living in Valkaria should put in writing what they do not want to see at the airport and their fears and concerns. Chair Voltz stated the Board can have those discussions when Mr. Borowski brings back the specifics.

Assistant County Manager Ed Washburn suggested the scope of service be generalized to tell the Board what FIT or another consultant would provide and involve citizen participation. He inquired if the Board wants staff to use FIT to come up with the scope of service; with Chair Voltz responding yes, then Mr. Borowski can meet with each Commissioner. Commissioner Pritchard stated there is a boilerplate they follow; so he would leave it up to Mr. Borowski and FIT to come up with the scope for Board discussion.

SETTLEMENT AGREEMENT AND COOPERATIVE AGREEMENT WITH HOUSING
AUTHORITY OF BREVARD COUNTY, RE: CONFLICT RESOLUTION

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Settlement Agreement and Cooperative Agreement with the Housing Authority of Brevard County to resolve conflicts. Motion carried and ordered unanimously. (See pages
for Agreements.)

APPROVAL, RE: CULTURAL GRANTS PANEL RECOMMENDATIONS

Marilyn Rigerman with Surfside Players, Fran Delisle with Brevard Symphony Orchestra, Kathy Minzenberger with Surfside Players, and Kay Burk with Brevard Cultural Alliance, Inc. were present to answer questions.

Commissioner Carlson stated the cultural grants recommendations were sent back to the Grants Panel for further review after the folks in the audience got their money; her concern is that it comes at a price; those who abided by the grant requirements now have to cut back to a smaller amount so that the folks who did not could get money; and inquired if there is an issue of unfairness. Commissioner Carlson suggested instead of cutting back those who met all the requirements, the Board could provide additional dollars to fund those particular folks, otherwise it would be unfair to those who abided by the rules.

Commissioner Scarborough inquired how much would that be; with Commissioner Carlson responding she estimated about $200,000, or $125,000 right now.

Chair Voltz stated it is absolutely unfair for those people who did follow the directions to look at cutting their budgets because a few did not follow directions; and she cannot support that. She stated the Board should go back to the original recommendations, then look at how the whole process takes place because it has a group of people who are involved in the arts figuring out how they are going to spend the money amongst themselves. She suggested looking at the CBO Board. Commissioner Carlson stated when the CBO group came up, they really needed $100,000, and the Board boosted it up to a million dollars; there were three votes that supported it; and this is the same sort of scenario, but it is for cultural arts. Chair Voltz stated it is not the same thing; with Commissioner Carlson responding it is not on the social side, but is to some degree. Chair Voltz stated it is not the same because it was not that those people did not follow the guidelines. Commissioner Carlson stated she agrees with that, but if the Board wants to compromise, it can increase the budget so they can have a percentage of what they requested but leave everybody who went through the process correctly at the original amounts, which would require increasing the funding. She stated it does not have to be $200,000, but it would be a little fairer to those who followed the rules.

Commissioner Pritchard stated he does not agree with that at all; and one of the reasons he sent it back to the Grants Panel was the hope that it would do something responsible, but it came back with a recommendation to include those other organizations and cut others that obeyed the rules. He stated the way it was done is screwed up; it all needs to be changed; maybe the leadership needs to be changed; and to give more money to the ones that did not do it properly is wrong. He stated the board, administration, and entire process needs to be changed so the Board does not go through this again. He stated he is tired of these items being line items in the budget every year; there is never anything new or any incentives; there are some worthy items; but the taxpayers would be upset if they knew how some of their taxes were being spent. He stated it was an aberration that the Grants Panel would say it is trying to get along with everyone; that is not why the Board is here; it is here to make decisions; that decision was made initially; and if some organizations did not make the cut, then they did not make it.

Commissioner Carlson stated the Grants Panel came back and did what Commissioner Pritchard hoped it would; it came back with a suggestion that the four groups or three groups that did not make the cut would not get any money; and it was the Board that said go back to the Grants Panel and have it re-look at it. She stated it did look at it again and unfortunately suggested some other tactic that is basically unfair; she does not agree with reconstructing everything; the Grants Panel did what the Board directed it to do and came back with another suggestion; but her concern is the level of fairness applied to that because the issue is the groups did not follow the directions that were laid out in the Grants handbook.

Commissioner Colon stated they are volunteers who are spending a lot of their time looking at all the issues; it is not an easy process; the five Commissioners have a hard time deciding how to divide money; and inquired how does the Board expect an advisory board to do that. She stated the Grants Panel is an advisory board that comes together and tries to do the best it can; and for the Board to attack them is not fair. She stated the Panel gave the Board its recommendations, and the Board could have agreed or disagreed; she does not want to do away with the Panel because it has done a decent job; and the Board had some issues with CDBG but did not do away with that board, and instead tightened up some things. She requested feedback from Kay Burk if she feels comfortable to speak to the Board about it; and stated one thing she did hear is that the Board would like for those who did follow the rules to remain with the initial amounts and be status quo because some folks have already been awarded some of the dollars. Kay Burk stated no awards have been made. Commissioner Colon thanked the members of the Grants Panel; stated it is not an easy task because all the groups are very worthwhile; the dollars are to help the cultural arts; and they are groups that give back to the community. She stated Melbourne Art Museum, Henegar Center, the Symphony, and the Municipal Band are all worth the cost; and the Board should not be judgmental but fiscally responsible and should be discussing the monies and not get into personal attacks and offend folks who are trying to help the Board.

Kay Burk stated it has been a very difficult process this year; the groups have some problems with how the grant handbook is written; they find it burdensome and confusing; and they asked to have a workshop with the Board of County Commissioners in which they can air their concerns about how the handbook is written and what they consider burdensome in that handbook as they write their proposals. She stated they feel there are too many demands for items to be included in the proposal; the Cultural Alliance’s job is to manage the program; they have done that since 1987; and this is the first year they have ever had such an upheaval in the program. She stated the biggest problem they had was groups not meeting the Sample of the Arts criteria, which is where groups come before the Board and make presentations on what they do with their programs and present display tables in the lobby during the Board meetings to showcase what they do; they are available to answer questions; their feedback during the Panel meeting was that appearing at meetings took up their time and they did not get much in return for that; and it made it a difficulty for them. Ms. Burk stated they felt the Cultural Alliance did not give them adequate notice this past year; they had not all met their requirements toward the end of August; that left only a month and a half to present proposals; and it made it difficult for them to meet the schedule. She stated those were the reasons given to the Grants Panel; perhaps their organizations’ staff members did not notify them early enough; it is all outlined in the handbook; and she apologizes for this coming before the Board in the way it has come this year. Commissioner Colon inquired if Ms. Burk would like to have a workshop; with Ms. Burk responding the cultural groups have asked for a workshop with the Board to provide feedback directly to the Board about the guidelines and the handbook under which the grant proposals are written, have direct feedback from the Board out of which a new guide for grants can be developed, and go forward from there with the grants program. Chairman Voltz suggested Ms. Burk work that out with County Manager Peggy Busacca.

Commissioner Scarborough inquired when was the last time the Board increased the amount to the cultural grants; with Ms. Burk responding 1992. Commissioner Scarborough stated he was asked to do a guest editorial for the Florida TODAY and address cultural, social capital; the Board has the Henegar Center, Cocoa Village Playhouse, small groups of volunteers who try to add social capital to the community to enrich the residents; and increasing the allocation is not 2% of the County’s budget or 2/10ths of 1% but much smaller. He stated Ms. Busacca advised the County has contingencies of $200,000 in addition to another $500,000, which remains from the Tax Collector; so there is $700,000 that has not been moved into Reserves and is under the Contingency Account. He stated after 13 years, it is time to give a little bit more and keep the groups understanding that the Board does appreciate what they are doing; so he would like to make a motion that the Board put $200,000 in the cultural arts budget from the contingency to have it available for the purpose of allowing the community to demonstrate that it has a concern for social capital.

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to allocate $200,000 from Contingency to the Cultural Arts Program.

Chair Voltz inquired if the motion is to increase it to $200,000 or add $200,000 and make it $325,000. Commissioner Scarborough inquired if Commissioner Carlson said $200,000 to make it work; with Commissioner Carlson responding she said it would be approximately $200,000; it is probably a little more based on the funding ratios because they go through a maximum funding percentage then there is an amount they are qualified to get. She stated they need to make sure they fund those that qualified at the original amounts and for those who could not make the date, to make that whole and fund them on top of what they would normally fund. She inquired if there were three or four groups; with Ms. Burk responding there were five groups that were ineligible. She stated in looking at the numbers, it comes up to about $100,000 in addition to the $125,000; and she thought it was $75,000 but did not realize there was another group. She stated each go in for about $27,000 because they are big groups; they are the Brevard Museum, Brevard Science, the Symphony, the Surfside Players, and others she is not sure of, but that was her intention. Commissioner Scarborough stated the motion would be $200,000; and inquired if he needs to change that. Commissioner Carlson stated she is not sure how much support is on the Board, but she would say $225,000 if $100,000 is added.

Commissioner Pritchard stated this is not social capital; this is real money; social capital is when they provide an effort and the effort is considered to have a monetary value; it is a social situation and not a fiscal issue; but what the Board is talking about is real money. He inquired where the $125,000 came from; with Commissioner Carlson responding they get cultural money from the CDC. Commissioner Pritchard stated they should give more money because the General Fund should be not be used for this; the taxpayers do not realize where some of their money is going; and it would be nice for them to know why $8,600 is going to WFIT 89.5. Ms. Burk stated that is the public radio station. Commissioner Pritchard stated $669 is going to a native heritage gathering; they all add up $125,000 and now they want to bump it up to $225,000; and it becomes another line item in the budget, which is a problem he has and has mentioned several times. He stated he does not mind seed money for things, but objects to it becoming a line item year after year; the grants program is pretty much a rubber stamp; the same groups go in and come out; and this year a few missed the cut, so now the Board is making adjustments to see that they make it. Commissioner Pritchard stated the bottom line is there are probably a lot of people who would like to see their tax money used for other purposes; he is not saying any of the programs are not worthy, but it is tax money and not social capital; and he objects to it becoming a line item year after year.

Ms. Burk stated the native heritage gathering was a first-time applicant this year and it was for an educational community festival that just took place. Commissioner Pritchard inquired if they are coming back next year; with Ms. Burk responding she has no idea. Commissioner Pritchard stated if it is a one-time thing, that is good and that is how the money should be used.

Commissioner Carlson stated in the Grants Panel information, there is an opportunity to spell out how often a group can come in for grants; she does not think that is in there now, but it is all based on qualifications; anybody can submit a package; if they are lucky enough to get the grant year after year, then they have their act together; and if not, they do not get the money; so she is not sure the Grants Panel rubber stamps any of the proposals. She stated that was evident when it rejected the four or five that are in question now; so she would not underestimate the quality of what the Grants Panel does or the handbook, which is based on the State’s handbook. She stated the Board went through the handbook several years ago and tried to make sure that it had a fair manual in place to evaluate groups; those groups in question have already received funds but did not actually get all the specific requirements done before the deadline to put in for an additional grant; so the Grants Panel abided by the rules and said no, they do not qualify because they did not get everything in that they should have for the next go-around. Commissioner Pritchard stated when it went back to the Grants Panel, it included them instead of standing and saying no, this is its decision.

Commissioner Colon stated she is supporting the motion that is on the floor of adding $100,000 since there has not been an increase since 1992, and it is money well spent; she has been to events in the community; they are all worthwhile; but the Board needs to make sure there is accountability. She stated if it increases the funding, it needs to go back to the folks and make sure the ones that qualified need to get their funds; and the Panel has to be careful not to cross that. She stated with the social services, it was capped and they were told not to come back to the Board and ask for more money; she is concerned about folks not being comfortable with what is in the handbook; so the Board needs to fix it before it has the same problems next year. She stated the problem does not go away by giving them $100,000; everybody needs to be accountable; just because they got it before does not mean they will get it the following year; and she trusts the Panel will make a good judgment on that. She stated she will support the motion to increase the amount, but they need to make sure those folks have the requirements; and just because the money is there does not mean they have to spend it or given to those folks who did not qualify and did not follow the proper procedures.

Ms. Burk stated the booklet already states it is not an entitlement program; each year when she or anyone else teaches the workshop, they state over and over again that it is not an entitlement program; they work to have the groups understand that so that when they do have something that they are not in compliance with they get zeroed out. Ms. Burk stated some of them are having difficulty understanding that they are not in an entitlement program; and assured the Board it is not for lack of information. Commissioner Colon advised of an application that was handwritten and could not be understood and what took place with that. She stated there are rules and regulations they need to follow; there should not be an exception for anyone; and the Board may approve the dollars to be there, but it will be looking to the Panel to make sure it makes the groups accountable.

Commissioner Carlson stated one of the requirements in the handbook is they have to make presentations to the Board; that is why there is Sample of the Arts, which was a BCA program; that is where the Barbershop Quartet came from this morning; and they actually get out into the community via television. She stated they have an opportunity to bring all their stuff into the foyer, lay it all out, and introduce themselves time and time again; it is not a big deal; they have numerous meetings so there are not a lot of excuses not to have been here; but there have been several times where she had nobody to introduce. She stated it is a great opportunity; and all groups should take advantage of it whether they get money or not. Ms. Burk stated they offer it to the ones who do not get grant funds as well.

Chair Voltz stated she will not support the motion but it is not because she does not support the arts; the Board is at the start of a new budget and it is already increasing it; and if it was going to increase the budget for the arts, it should have done it at the beginning of the budget process not at the end of it or at the beginning of the next year’s budget sessions. She stated it has nothing to do with Ms. Burk; it has to do with monetary issues and already looking to increase next year’s budget.

Commissioner Pritchard stated he finds it difficult to give Ms. Burk a lecture on accountability then give her more money as if the Board does not want BCA to be held accountable; so he has a real dilemma with that and will not support the increase. He stated he does not see how he can expect her to be accountable when the Board is not being accountable; and it does not make sense to say something went wrong, but here is the money. He stated he would like a list of recipients for the past five years to find out how many have been getting the same amount or an amount for the last five years because he thinks there are a lot of folks who do think it is something of an entitlement year after year and go through the drill but because they are services of renown, they are approved almost with a sort of rubber stamp. He stated he echoes Chair Voltz concerns about the budget; and has a feeling this year is going to be starting off with two Commissioners who are not going to support the budget.

Commissioner Colon stated from October to November budget items are being squared out that did not get approved during the process; but this type of funding is something the Board needs to cap. She stated in January the County Manager and staff need to get the word out in the community that it is the end; she has no intentions of supporting anything that will come before the Board because in January through March a lot of folks start coming to the Board for seed money for grants; and that has been a little bit of a tradition. She stated in October through December she does not mind cleaning up whatever was left out; but it needs to stop there; and she agrees with Commissioners Pritchard and Voltz.

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

Ms. Busacca inquired if that will come from the Tax Collector’s excess fees. Chair Voltz inquired how many times have they taken from the excess fees; with Ms. Busacca responding once so far, and it is down to $400,000. Commissioner Scarborough inquired if that is in addition to the $200,000 that is still in the contingency; with Ms. Busacca responding that is correct. Commissioner Scarborough stated staff is talking about mid-year having several million dollars; he ran the numbers and that would be about 20 cents on a home to keep some programs viable that have not had an increase since 1992; and it indicates there is support in the community for their efforts.

Ms. Burk stated they will work with Ms. Busacca to set up a workshop.

REPORT, RE: FLORIDA POWER AND LIGHT FRANCHISE FEES

Commissioner Pritchard advised he spoke with Sandy Sanderson with Florida Power & Light Company and he said there will be an extra million dollars or so in revenue coming in.

County Manager Peggy Busacca stated if Florida Power & Light Company gets its increase based on the increased cost of fuel, the electric bills will go up Countywide; for the Board it will go up about $1.3 million; but the County will get additional money from the franchise fees of about $2.4 million, which will offset the electric bills. She stated it is a little confusing because not all the money is General Fund dollars that is being paid out; so she is not sure exactly how it is going to work. She stated they do expect more franchise fees that will begin in March 2006.

Commissioner Pritchard stated one of the reasons he wanted to mention that is because the Board needs to make a concerted effort over the course of the next budget year to identify those sums of money and not chip away at them with small projects; it needs to focus on large transportation expenditures, capital expenditures, and things it has not been able to get to, and it needs to identify not only the sources but the expenditures so it is able to fund the items, and he does not mean partially fund them. He stated staff needs to get all the different revenue sources, what they get from the Tax Collector and Florida Power & Light Company, and what they always get at mid-year. Ms. Busacca stated she agrees but unfortunately many of those revenue streams are not recurring and so if fuel prices go down, Florida Power & Light Company will have a change in assessment and then the franchise fees will go down; and that is why it is more difficult to budget those than the recurring dollars. Commissioner Pritchard stated if the County gets a check from someone and needs a large piece of equipment, more roads paved, or more stormwater facilities, those are somewhat one-time projects. He stated in 20 years or so it may be back, but the point is he does not want to chip away continuously at the major revenue stream and the Board needs to find the smaller amounts in the budget somewhere.

ANNOUNCEMENT

Chairman Voltz advised she has a Homeowners Association meeting at 6:00 p.m. in South County this evening.

STAFF REPORT, RE: CHRONOLOGY OF ACTIONS RESULTING IN CONSERVATION
ELEMENT POLICY 5.2, PROHIBITION OF COMMERCIAL AND INDUSTRIAL ACTIVITIES
IN WETLANDS

Mary Sphar, representing the Turtle Coast Group Sierra Club, stated the Board has been provided with a chronology of important events in the adoption of the current Comprehensive Plan Wetlands Policy; commercial and industrial development are prohibited in commercial and industrial parcels designated on the Future Land Use Map after February 23, 1996 except at certain I-95 interchanges; however, commercial and industrial development can be permitted on parcels designated in commercial and industrial uses before that date if certain conditions are met. She stated the language is a compromise and one that proved very difficult to achieve; no one knows better than County Manager Peggy Busacca how challenging it was to craft the compromise language and how elusive a solution appeared during much of the time between 1995 and 1999; and requested the Board respect the existing Wetlands Policy and realize that it is a product of several years of discussion. She stated from time-to-time certain proposed developments will not be allowed under the current language; that is to be expected; however, she would urge the Board to continue to work within the compromise language incorporated in the Conservation Element Policy 5.2.

Commissioner Pritchard advised Lowe’s wanted to go on South Courtenay on Merritt Island; the issue was it would impact the small wetland that was there because of the size of the structure; but the survey he did at various meetings he attended indicated two-to-one people wanted to see Lowe’s because it would serve the neighborhood. He stated the offset was more residential, but not affordable housing; the neighborhoods wanted something that would service the neighborhoods and not more neighborhoods; but the Policy appeared to restrict Lowe’s from being able to develop on that site. He inquired what can the Board do about that.

Natural Resources Management Director Ernie Brown stated he had several conversations with parties involved with that project and knows Lowe’s has been looking at a number of sites; the site being referred to was the most recent exploration; and they were not successful for a number of reasons of which he is not privy to the particulars. He stated the situation at hand dealt with a site that already had site plan approval; it was the old Panorama Estates; they are building commercial and residential on that site; and the challenge they had with the current Comprehensive Plan was the size of the structure they were proposing involved several parcels, and that the property was not substantially surrounded by commercial industrial uses, which is a requirement of the current Comprehensive Plan. He stated what they can do about it is a difficult question, and probably something an economic and marketing analysis can answer.

Commissioner Pritchard stated what had been approved was a mixed use occupancy of some commercial and some residential; it will fit; the point he is trying to make is unintended consequence is the result of what the Board has here; and it is not prohibiting development on the site, but is prohibiting a certain type of development that many were saying they would like to see.

County Manager Peggy Busacca stated the current language does not discuss redevelopment of sites; this is the second or third time that the Board has talked about redevelopment; one was a small site for a convenience store being redeveloped in District 3; and perhaps the community that helped to develop the language could meet with staff and help develop language related specifically to redevelopment. She advised there is some value to that rather than have a pristine site be impacted; and she does not know if there is an interest there, but would suggest that may be a partial way to look at it. She stated staff could meet with those groups, see if there is interest, and bring a report back to the Board; and if there is no interest in it, then the Board is where it is today.

Commissioner Pritchard stated the survey he took indicated two-to-one folks would have liked to have seen a Lowe’s rather than what was allowed; that is the reason he is addressing it; he is no advocate one way or the other; but the unintended consequence appears to be not something the neighborhood would be happy to see.

Commissioner Carlson stated the Board addressed the redevelopment issue, so she does not know why it is readdressing it. Mr. Brown stated the Board did it in a very specific vein dealing with low-quality low-functioning wetlands. Commissioner Carlson stated it had this whole discussion because of the very thing Commissioner Pritchard talked about; and it fixed it on the issue of redevelopment. Mr. Brown stated it is not going to fix everything; the site is Panorama Estates and is actually being redeveloped from its prior use to a more viable use; and it is a unique situation because it would have fit perfectly had it been within a quarter of a mile from an I-95 interchange. He stated unfortunately it did not fit within the criteria the Comprehensive Plan has; but he would be willing to look at it and meet with interest groups to see if there is some way that they can make it more flexible. He stated he does not think it fits under the existing redevelopment language.

BINDING DEVELOPMENT PLAN AGREEMENT WITH HAPPY LANDINGS HOME, INC.
(RESURRECTION RANCH), RE: PROPERTY LOCATED ON OLD DIXIE HIGHWAY
IN MELBOURNE

Mark Leslie stated he is here to speak in support of the Binding Development Plan and to thank the folks at Resurrection Ranch for all the concessions they made in this deal. He stated it is more than they expected when they started out almost two years ago.

Commissioner Carlson stated the Board received a letter from Jinger Knox; she talked to her on the phone yesterday; she could not make it because of work; but the letter will have that on the record. She stated the only comments she has are on page 2, paragraph 2 under recitals, it goes into the statutory thing regarding forced felons and says, “shall be allowed as staff residents”; and talks about exceptions to the rules; and recommended adding “existing” staff residents so once those staff members are gone, no others are going to take their place. Commissioner Carlson inquired if Mr. Miller has issues with that; with David Miller, representing Resurrection Ranch, responding they discussed it with Ryan Rusnak and are going to let it go the way he wrote it with “existing”. Commissioner Carlson stated she talked to Mr. Rusnak about the Planning and Zoning Office performing yearly inspections to determine if the property complies with all applicable County Codes; many of the issues came up because of Code violations; and recommended semi-annual inspections to start off with then go back to yearly so the community is happier that the County is making sure everybody is abiding by the provisions of the Binding Development Plan. Mr. Miller inquired if there would be a time limit on that or is it going to be ongoing; with Commissioner Carlson responding she was changing one word here and there so it would not change the context of the Binding Development Plan. Chair Voltz stated it would depend on whether Mr. Miller is complying, then it could go back to yearly. Ms. Busacca stated the Binding Development Plan may have to be changed at a public hearing, so the Board may want to say semi-annual for x number of years; and if no violations are found, it goes back to annual.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Binding Development Plan Agreement with Happy Landings Home, Inc. (Resurrection Ranch), for property located at 5925 Old Dixie Highway, as amended to include “existing” staff residents on page 2, paragraph 2, and add “semi-annual inspections for two years” in paragraph 6.

Commissioner Colon stated she keeps hearing about things going on in the neighborhood, who is getting along with who, and who is calling police officers; she is not going to get into the details; the Board has done its best to help the folks; and she hopes they will take the high road on a lot of the stuff that is going on in the neighborhood. She stated at the last Board meeting there was an incident outside; she was disappointed to hear about it and some of the things that were said; there are always two sides to a story; she wanted to bring that up because it is upsetting to a lot of the families and children; and adults should take that into consideration and not say certain things in front of children. She stated she is not going into the details, but the Board is trying to show good faith; and she hopes it is being reciprocated by the folks at Resurrection Ranch. Mr. Miller stated he can assure Commissioner Colon it is. Commissioner Colon commented on other issues; and stated just because it is approved today does not mean it is a done deal.

Commissioner Carlson inquired where does the Binding Development Plan talk about getting the names of all residents; with Mr. Rusnak responding paragraph 2. Commissioner Carlson stated it will happen within 30 days of the recordation of the Binding Development Plan; and inquired if Mr. Miller is okay with that; with Mr. Miller responding yes.

Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously. (See page for Binding Development Plan Agreement.)

EASEMENTS WITH EMILIO AND LISA VALENCIA, AND WAIVER OF ENVIRONMENTAL
SITE ASSESSMENT REQUIREMENT, RE: MOSQUITO IMPOUNDMENT SITE

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to recess as the Board of County Commissioners and convene as the Mosquito Control District Board. Motion carried and ordered unanimously.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept temporary and permanent access Easements from Emilio and Lisa Valencia conveying a mosquito impoundment site between South Courtenay Parkway and the Banana River on Merritt Island; and waive environmental site assessment requirement. Motion carried and ordered unanimously. (See pages for Easements.)

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adjourn as the Mosquito Control District Board, and reconvene as the Board of County Commissioners. Motion carried and ordered unanimously.

AMENDMENT NO. 2 TO AGREEMENT WITH FLORIDA FISH AND WILDLIFE
CONSERVATION COMMISSION, RE: GRANT EXTENSION FOR LAKE
WASHINGTON PARK BOAT RAMP AND DOCK REPLACEMENT PROJECT

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to execute Amendment No. 2 to Agreement with Florida Fish and Wildlife Conservation Commission, extending the grant for Lake Washington Park Boat Ramp and Dock Replacement Project until June 30, 2006. Motion carried and ordered unanimously. (See page for Amendment No. 2.)

AMENDMENT TO AGREEMENT WITH THE ZIMMERMAN AGENCY, RE: ADVERTISING
SERVICES AND FEE STRUCTURE

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to execute Amendment to Agreement with The Zimmerman Agency for advertising services and fee structure; and approve a fixed monthly professional fee of $15,000 plus out-of-pocket expenses billed at net cost to cover agency time related to advertising services including the additional services of media planning and media placement. Motion carried and ordered unanimously. (See page
for Amendment.)

CONSIDERATION, RE: ADDITIONAL PROPOSED LEGISLATIVE REQUESTS FOR 2006

Jackie Stubblefield stated she is here to support the State certified fire inspector/EMT special risk retirement in the Legislative Package; Representative Thad Altman has agreed to support the issue in Tallahassee; and she would like to thank the Brevard County Fire Rescue that first submitted the application to the Division of Retirement. She stated they appreciate the Board’s consideration of the issue as part of its legislative package.

Commissioner Pritchard stated the homestead portability is of importance in that people are being taxed into keeping their homes and are not able to move out because their taxes would increase dramatically due to the effect of Save Our Homes, again another unintended consequence. He stated the proposed legislation will allow people to take their Save Our Homes break with them when they move into another home; and one thing the Board needs to do this year is make sure the State passes it as well as other measures. He stated the whole package is good to go as far as he is concerned.

Motion by Commissioner Pritchard, to approve the proposed Legislative Requests for 2006.

Commissioner Carlson stated Ann Samuelson emailed all the Commissioners with her 3% solution on the homestead issue, which is not in the package; the Board is not looking for homestead exemption for rental property; there would not be a $25,000 exemption or tax write-off for interest paid; and it is only for a 3% cap on annual assessments to be applied to rental property, which has had assessments increased to market value each year, sometimes by 30% to 40% or more. She stated if something is not done to cap those increases, no one would be able to afford to rent; there are an awful lot of renters out there who need tax protection as much as homeowners; so if the proposal can be rewritten to indicate the 3% cap in assessment and have no reference to homestead exemption, it would be appropriate.

Chair Voltz inquired if the Board could discuss it Thursday when it meets with the Legislative Delegation; with Commissioner Carlson responding sure. County Manager Peggy Busacca stated she will bring the language back to the Board on Thursday.

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

Commissioner Pritchard stated whoever put the package together did a good job.

Chair Voltz inquired if someone has been hired as the Legislative Coordinator yet; with Ms. Busacca responding no, but she put the short list together and provided that to all the Legislators and is sending the Commissioners copies of all the re?sumes to get comments back. Chair Voltz stated she asked Ms. Busacca to see if those people could be at the meeting Thursday; and inquired if she looked into that; with Ms. Busacca responding no, because there are nine applicants and some are from out of state. She stated she will make sure that any applicant sees a copy of the tape to get a sense of what is going on.

 

PROPOSAL FROM SYMETRA FINANCIAL, RE: RENEWING STOP LOSS COVERAGE
FOR GROUP HEALTH PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Option 3 proposal from Symetra Financial to renew stop loss coverage for the Group Health Program. Motion carried and ordered unanimously. (See page for Proposal.)

AMENDED AND RESTATED 457(b) GOVERNMENTAL PLAN DOCUMENT, RE:
DEFERRED COMPENSATION PROGRAM

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize implementation of the amended and restated 457(b) Governmental Plan Document covering the Deferred Compensation Program administered by Nationwide Retirement Solutions for compliance with final regulations issued by the Department of Treasury for IRS Code Section 457, effective January 1, 2006. Motion carried and ordered unanimously.

CITIZEN REQUEST - NORRIS STREETE, RE: RETURN OF FINES AND COSTS PAID
FOR CODE VIOLATION RELATING TO OVERGROWTH ON VACANT LOT

Norris Streete requested the Board reduce the fine the County charged him for a crime he never committed and resolve it by dismissing the charge for not keeping his property well kept. He stated he protested it because he had no house on the property; the only thing on the property is a pond; his neighbors were against him from the start; they wanted to get his property and are always complaining; he never did anything to his property; and the County charged him over $2,000 to keep his property groomed. He stated he protested because there is nothing on the property; it was illegal to do it; they made a statement to cut the property then it would solve the problem; and he made reference to the whole neighborhood where property was not cut, but only he had to pay the fine. He stated it is unjust to charge him for something he did not do; and requested the Board look into it and reimburse him for the money which he paid.

Commissioner Pritchard stated the report says it is grape vines that are not mature.

Code Enforcement Director Bobby Bowen stated it is not the kind of grape vines they are used to seeing; there is no question there is overgrowth on the property, as the photographs show; it was a contested case before the special magistrate; it is a recurring violation; Mr. Streete was present at the hearing and contested the case; and the special magistrate heard the case and found that he was in violation of the Code. He stated Mr. Streete had 30 days to appeal the special magistrate’s ruling, which he did not do; and he has more information on this issue if the Board wants to hear it. He stated Mr. Streete is requesting the Board return the fines and costs of $2,397 that he paid for a Code violation relating to an overgrowth issue on his property on Lime Street in Cocoa; there has been acknowledgment by the special magistrate and the fines and costs were paid; therefore the special magistrate no longer has jurisdiction in this matter. Mr. Bowen stated the Code Enforcement fine was assessed at $1,775 and enforcement at $622; the complaint was received on March 22, 2005, but Mr. Streete did not comply with the Code until October 20, 2005; and over the years Code Enforcement has investigated a total of three complaints on the property involving overgrowth. Mr. Bowen stated their records also indicate since 1995, Code Enforcement has investigated a total of seven complaints involving Mr. Streete’s Lime Street property and also his West Railroad Avenue property; and violations included unsafe structure, debris in the yard, and debris and overgrowth. He stated all complaints have been corrected, as Mr. Streete’s attorney paid the $2,397 in fines and costs from a trust account from the sale of the Lime Street property; and the Property Appraiser’s records reflect that Mr. Streete purchased the property in 1991 for $11,000 and sold it for $87,000. He stated on July 1, 2001, at the request of the Sheriff’s Office, Animal Services and Enforcement responded to the Lime Street property to investigate a complaint that goats were tied up for a week without food and water; the Animal Control Officers found two adult goats tied up separately, both tangled, no water, shelter, or food other than weeds; and the property was not fenced. He stated officers also found a young goat and its mother not tied up; there were about a dozen chickens running loose and four chickens were found dead in a cage; and Mr. Streete received two citations from Animal Services.

Commissioner Colon inquired how long has Mr. Streete owned the property; with Mr. Bowen responding since 1991. Commissioner Colon inquired if the complaint was made in March and he did not comply until October; with Mr. Bowen responding that is correct. Commissioner Colon inquired if Mr. Streete agrees that is correct; with Mr. Streete responding it is correct; but he would like the Board to understand what really happened. Mr. Streete stated he was told he had to clear the property 100 feet from the street; his pond is 100 feet from the street and more than 150 feet long; all that was cleared and no grass is growing on the pond; and he planted grape vines because he likes to drink a lot of wine. He stated his neighbors are always complaining and he was told to cut it; he never got wine to drink when his vineyards grew; and they used that to get him. He stated he had $5,000 worth of fish in the pond; and they wanted him to fill in the pond and he could not because he invested money in the fish. He stated they were just picking on him; he went to the County and said if it has him do it why does the County not clean the street, which was never cleaned; and inquired why does the County not make all the neighbors clean their properties. Commissioner Colon stated this issue is about Mr. Streete’s property; and inquired if this is the first time he has been cited on the same property; with Mr. Streete responding no. Commissioner Colon inquired if there is a history already; with Mr. Streete responding he never knew about this citing. Commissioner Colon inquired if Mr. Streete was cited before March 2005; with Mr. Bowen responding he was cited in 2002; the property was cut before; and Code requires once it has been cut it continues to be maintained. Commissioner Colon stated people get upset when they feel it is an injustice; and inquired if Code Enforcement has gone out there and are people not keeping up with their own lots; with Mr. Bowen responding they respond on a complaint basis. Commissioner Colon reiterated about injustice people feel sometimes; and commented the problem is it has happened in the past and continues to happen. Mr. Streete stated when they talked about his property, he went to buy some goats to put on it; the County took his goats away; he called about his goats and they told him his goats were malnourished, but there was nothing wrong with his goats; and they just ticketed him.

Commissioner Carlson inquired if there is a lien against the property that he sold; with Mr. Bowen responding no, the fines and costs were paid from a trust account from the sale of the property. Commissioner Carlson inquired if he sold it for $87,000, and in order to clear the title the trust had to pay the violations; with Mr. Bowen responding yes, to transfer the title to the new owner.

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to deny the request of Norris Streete for refund of his fines and costs paid for Code violations on property located on Lime Street in Cocoa. Motion carried and ordered unanimously.

CONTRACT FOR SALE AND PURCHASE WITH MEMORIAL MEDICAL COMPLEX
FUND I, LTD., RE: CHAIN OF LAKES PROJECT

Commissioner Scarborough stated Stormwater Utilities Director Ron Jones will show a drawing of the area; there are many different players in the Chain of Lakes project; and thanked Ron Jones and Jack Masson for their efforts. He stated a stormwater lake system was developed; the St. Johns River Water Management District purchased property next to the park system; the property to the south is owned by Brevard Community College; and Mr. Jones worked with it to develop the stormwater system. He stated in the interest of Parrish Medical Center, St. Johns River Water Management District, and Stormwater Utilities, he would support the contract.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Contract for Sale and Purchase with Memorial Medical Complex Fund I, Ltd. for property in the vicinity of the Chain of Lakes Project. Motion carried and ordered unanimously. (See page
for Contract.)

APPROVAL, RE: RESCHEDULING OF CIP AND REDEVELOPMENT AREAS WORKSHOP

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve rescheduling of the CIP and Redevelopment Areas workshop to January 31, 2006 at 9:00 a.m. Motion carried and ordered unanimously.

REPORT, RE: ILLEGAL MOORING BUOYS (CONTINUED)

Commissioner Carlson stated Ernie Brown spoke with Major Joe Ambrose of the Sheriff’s Department regarding the removal of illegal mooring buoys in the Banana River Aquatic Preserve north of Mathers Bridge; Major Ambrose said the Sheriff’s dive team and Ag Marine Unit are ready to take action upon written request from the Board; and requested the Chair send a letter to the Sheriff. She read portions of the report stating, “the intent is to remove the buoys currently identified as illegal according to the Department of Environmental Protection by disconnecting the chain or rope from the anchoring object. This specific one-time activity according to Major Ambrose can be performed by the Sheriff’s Office within existing staffing and budgetary resources notwithstanding unforeseen conditions of the mooring structures.”

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the Chair to send a letter to the Sheriff requesting removal of illegal buoys in the Banana River Aquatic Preserve north of Mathers Bridge. Motion carried and ordered unanimously.

BINDING DEVELOPMENT PLAN AGREEMENT WITH RICHARD WILLIAM PIERRE,
RE: PROPERTY LOCATED ON SOUTH SIDE OF FLORIDA BOULEVARD, EAST
OF NORTH COURTENAY PARKWAY (CONTINUED)

Commissioner Pritchard advised the Binding Development Plan Agreement deals with property located on the south side of Florida Boulevard, which is a former church property; the zoning was there to do what has been approved; unfortunately, the Board changed all the church zonings to IN(L), which required the applicant to make application for rezoning. He stated it cost the applicant approximately $800; and it was not his doing that changed the zoning. He requested the application fee be returned to Mr. Pierre.

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to return the rezoning application fee to Richard William Pierre for property located on the south side of Florida Boulevard, east of North Courtenay Parkway, as the Board administratively rezoned all church property to IN(L). Motion carried and ordered unanimously.

WARRANT LISTS

 

 

Upon motion and vote, the meeting adjourned at 4:58 p.m.

 

ATTEST: ________________________________
HELEN VOLTZ, CHAIR
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
_____________________
SCOTT ELLIS, CLERK

(S E A L)