MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

April 28, 2009

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 28, 2009 at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, Mary Bolin, and Andy Anderson, Interim County Manager Stockton Whitten, and County Attorney Scott Knox.  

 

 

The Invocation was given by Pastor Ray Goolsby, East Coast Christian Center, Merritt Island, Florida.

 

Commissioner Trudie Infantini led the assembly in the Pledge of Allegiance. 

 

 

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to approve the minutes of the November 5, 2008 Special Meeting, February 26, 2009 Workshop Meeting, and March 5, 2009 Zoning Meeting.

 

 

 

Chairman Nelson read aloud a resolution proclaiming May 17^th through May 23^rd, 2009 as “National Public Works Week” in Brevard County.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to adopt Resolution proclaiming the week of May 17^th through May 23^rd 2009 as National Public Works Week in Brevard County.  Motion carried and ordered unanimously. 

 

 

John Denninghoff, Public Works Director, stated the County has a large number of employees who dedicate major parts of their lives to taking care of the public’s needs in the Public Works arena; included in that are all the departments that make up Public Works Week; and they are all appreciative of their staff who work very hard to do a good job for the public by protecting their health and safety. 

 

 

 

Chairman Nelson read aloud a resolution proclaiming Corrections Officers Appreciation Week.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution proclaiming the week of May 4^th through May 10^th, 2009 as Corrections Officers Appreciation Week; and encouraged all citizens to recognize the demanding and unselfish commitments made by Brevard’s Corrections Deputies.  Motion carried and ordered unanimously. 

 

 

Officer of the Year, Officer Brian Seeley, expressed appreciation to the Board for the Resolution; stated sometimes the job Corrections Officers do is sort of the unknown part of law enforcement; and he and his fellow Officers appreciate the recognition. 

 

 

 

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Garrett Carlson.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution recognizing Eagle Scout Garrett Carlson for his accomplishments as an Eagle Scout.  Motion carried and ordered unanimously. 

 

 

Garrett Carlson stated his Eagle project came down to the line; and he would like to thank his parents, friends, and fellow Eagle Scouts, and also the Board for the recognition.

 

Chairman Nelson thanked Garrett Carlson for his work at Wickham Park.

 

Sue Carlson stated today is Garrett’s day; he worked very long and hard for the accomplishment; and she is very proud of him and loves him very much. 

 

 

 

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Peter Monteparo.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution recognizing Eagle Scout Peter Monteparo for his accomplishments as an Eagle Scout.  Motion carried and ordered unanimously. 

 

 

Peter Monteparo expressed appreciation to the Board for the Resolution. 

 

 

 

Commissioner Bolin read aloud a resolution recognizing Eagle Scout Bruce Hamelin.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution recognizing Eagle Scout Bruce Hamelin for attaining the rank of Eagle Scout, and offered congratulations and best wishes for a successful future.  Motion carried and ordered unanimously. 

Bruce Hamelin expressed appreciation to the Board for the recognition; and he thanked his mother and his fellow Scouts in Troop 300, who helped him reach his ranking as Eagle Scout.

 

 

 

Commissioner Anderson read aloud a resolution recognizing Eagle Scout Miles Hunziker.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to adopt Resolution recognizing Eagle Scout Miles Hunziker for attaining the rank of Eagle Scout, and offered congratulations and best wishes for a successful future.  Motion carried and ordered unanimously. 

 

 

Miles Hunziker stated his Eagle Project was helping to paint new construction in the Booker T. Washington neighborhood for the Brevard Neighborhood Coalition; and it took two weekends to paint the apartments.  He expressed appreciation to his mother and the Board for the recognition. 

 

 

 

Commissioner Bolin stated Christopher was not able to attend today’s meeting; but a ceremony was held on Sunday in his honor; and stated District 4 has produced a lot of Eagle Scouts.

 

Chairman Nelson stated the Board has always recognized Eagle Scouts, but the numbers have increased in the last year; and it is a great program.

 

Commissioner Bolin stated for his Eagle Scout project, Christopher planned and executed the replacement of four picnic tables with four new tables made out of red cedar to repel the insects and add a clean scent to the picnic area at Harmony Farms, which is a non-profit facility in Rockledge that provides horse therapy for the disabled. 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution recognizing Eagle Scout Christopher Morse Brown for attaining the rank of Eagle Scout and offered congratulations and best wishes for a successful future.  Motion carried and ordered unanimously. 

 

 

David Hornsby, Technical Program Manager, St. Johns River Water Management District, stated he would like to present the Board with the St. Johns River Water Management District’s (SJRWMD) Draft Assessment and the proposed planning process that the District will be kicking off this year.  He stated the SJRWMD conducts a water supply assessment approximately every five years; it is done under Florida Statute 373; the purpose of the water supply assessment is to identify existing and proposed water sources, identify the projected demands through a 20-year planning horizon, and to identify areas where that demand cannot be met with the current and projected waters; and those areas that cannot meet that are identified as priority water resource caution areas.  He advised the priority water resource caution areas guide SJRWMD into the water supply planning process, which looks at a 20-year planning horizon; it is a public process; public meetings are held; and SJRWMD works with utilities.  He stated during the process SJRWMD identifies water resource projects that can be developed to meet the projected needs.  He stated before the Board is the previous two water supply assessments; part of Brevard County was in both caution areas in 1998; it has grown from 1998 to 2003; and the priority caution areas change from assessment to assessment based on various modeling and projected demands.  He noted Duvall County was initially in a priority caution area, but now it is not; and that was due to an identification in management change that was done in the well-fills to mediate the problem.  He stated for the 2008 water supply assessment, SJRWMD is doing things a little different; there will be a priority water resource caution area, which all of the northern part of Brevard County is in the priority water resource caution area; but SJRWMD is also adding potential priority water resource caution areas; and that means that based on the information the District has, they meet the definition of a priority water resource caution area, but SJRWMD wants to take it in the planning process and work with all the stakeholders to see if something can be done to get them out of the priority water resource caution area.  He stated SJRWMD divided the district into three planning areas; northern, southern, and central; all of Brevard County that is in the priority resource caution area is in the central planning area; and the part that is in the potential priority resource caution area is in the southern planning area.  He stated for the Water Supply Assessment, SJRWMD uses water use data from 1995 to 2005; that data is used to project forward in five year increments; it is all based on population projections; the information is input into the models and changes are looked at in sufficient aquifers; and it is then output to the water resource constraints where impacts on native vegetation is looked at.  He stated from 1995 to 2030, SJRWMD is looking at a population increase of 74 percent in Brevard County; a 25 percent decline is expected in water usage, but public supply is projected to increase by 69 percent; and as other categories decrease, public supply is increasing.

 

Chairman Nelson inquired what the other categories include.  Mr. Hornsby replied the other categories include agriculture, commercial, industrial, power generation, and recreational.  He stated the goal is to have the planning process completed by December 2010; but due to budget limitations and forecasted budget limitations over the next year, the process may have to be delayed; and it may be 2011 before the process is completed.

 

Leroy Wright stated he has been a board member of the St. Johns River Alliance since it began; he has 50 years experience on the St. Johns River; and today he is asking the Board of County Commissioners,  either  on a  one-on-one basis with SJRWMD,  or on an airboat,  to go see the River to give the Commissioners a good understanding of what is happening.  He stated the water levels in Lake Poinsett are down to where his boat and most other boats, except for canoes, cannot get out of the boat ramps; but he would like the Board to request that the District provide the Board with a tour of the river; and he also knows several airboat owners who can accommodate the Board.  He stated there is a group called River Keepers that has filed a lawsuit, and they intend to pursue the lawsuit to the end; he has not endorsed River Keepers, but he has told the River Keepers President that he understands their feelings; but at this point, the SJRWMD should be able to present the plan.  He stated he and the River Keepers believe it is time to consider desalinization; and it is a process being considered by Flagler County and Volusia County. 

 

Commissioner Anderson stated he is familiar with some of the discussions in southwest Palm Bay about a possible private/public reservoir; and inquired if Mr. Hornsby is familiar with that.  Mr. Hornsby replied he is indirectly familiar with it, but he does not know the particulars about it.  Commissioner Anderson stated it is something that may help SJRWMD’s plan. 

 

Chairman Nelson stated after Tropical Storm Fay he was able to tour the lower reaches of the St. Johns River, from Vero Beach to Lake Washington; he would like to tour the northern portion of the river; and he would encourage the other Commissioners to tour the river.  Mr. Hornsby advised SJRWMD’s local government coordinator, Ann Benedetti, will be happy to schedule a tour for the Commissioners.

 

 

 

Interim County Manager Stockton Whitten advised Bob Kamm, Transportation Planning Office, will give the Board a brief report.

 

Bob Kamm, Transportation Planning Office, advised the U.S. Congress is faced with considering the re-authorization of the Surface Transportation Act; the current Act expires at the end of September, 2009; and in the past during re-authorization, there has been a feeding frenzy over earmarked projects.  He stated the House Transportation Infrastructure Committee has developed a very structured process to solicit and review high priority projects to ensure the projects have local support, that they are fundable, that there is transparency, and public knowledge and involvement in the selection and development of candidate projects.  He stated in thinking about what can be applied for locally, staff decided on two projects that met the rigorous criteria; in Representative Kosmas’ district, staff has developed and submitted a request for $2.5 million for an advanced traffic control system along S.R. 405, the entrance to the Space Center, including high-level signal control variable message signs that would help employees, visitors, and spectators to clear that area; and in the south part of the County, a request has been put together for $10.5 million for financial assistance to implement the section of the St. Johns Parkway south of S.R. 192.  He stated staff did not have much time to develop and submit the requests; one feature that was requested was a support level from local officials; given the tight time constraints staff developed those letters that said the things that were specifically required to be said in those letters;  and those letters have been submitted and is on deadline.  He noted it could be a year before Congress finally passes the reauthorization act; it is not something that is imminent; but if the County does receive the funding it will be a benefit to addressing some legitimate transportation needs in the County. 

 

Commissioner Anderson expressed appreciation to Mr. Kamm for the report.  He stated he feels optimistic about getting part of the St. Johns Parkway completed. 

 

Commissioner Fisher inquired if Mr. Kamm could explain location of the traffic situation on S.R. 405.  Mr. Kamm replied the Florida Department of Transportation has already installed fiber optic cable from the I-95/S.R. 50 interchange, east on S.R.50 and S.R. 405 to U.S. 1; there is already fiber optic in the ground that allows traffic signals to talk to each other and allows remote control of those traffic signals from a center such as Viera, so those signals can be monitored through cameras and manually override timings to give a very high level of control of the signals.  He stated on S.R. 405, two-thirds of the entire traffic volume occurs in the morning and evening shift change period from the Space Center; that is an ideal situation to set up the signals to facilitate the flow; and it is really maximizing the public investment that the FDOT made.  He stated the City of Melbourne has also submitted a funding request for the interchange at Ellis Road and I-95, which the Federal Highway Administration approved late last week; and the City of Palm Bay submitted a request for the south interchange.  He stated it has been made clear to Representative Posey that there are three applications coming in from three different entities, but that was really a factor of efficient division of labor faced with a short timeframe that the three units of government are in agreement on the need for the three different elements of the Parkway, to not be read as three parties going in three separate directions; and it was just a matter of expediency given the schedule. 

 

 

 

Commissioner Infantini stated Vietnam Veterans of Brevard honored Commissioner Nelson, Commissioner Bolin and herself on Saturday morning; the Commissioners were given the privilege of signing a community covenant pledging that they would foster the appreciation and community support for all Veterans and their families; and she experienced a camaraderie, the healing, and the genuine concern for the fellow man during the covenant signing on Saturday and during the closing ceremonies on Sunday.  She stated she is thankful that she is now in a position where she may be able to make a difference in the lives of the past and current Veterans and their families who have given so much.

 

 

 

Commissioner Infantini advised during the April 9, 2009 Board meeting there was a discussion regarding the animal shelter; on April 15, 2009 the Florida TODAY published a story based on the April 9^th meeting; she received a letter from an attorney demanding an retraction of the statements the attorney claimed she made during that meeting; however, the statements the attorney is referring to are based on the article published by Florida TODAY; and the attorney’s letter claims that she publicly stated the shelter manager was guilty of criminal cruelty to animals, that she stated the manager should be fired immediately, and that she asked for a vote and demanded the manager’s termination.  She stated the attorney’s claim is based on the article published in the Florida TODAY rather than on the actual verbatim; and therefore, she cannot comply with the attorney’s demands because she will not retract statements that were not made, or inferred, by her.  She stated in the interest of clarification, what she did say regarding the animal shelter was, “It is my belief the shelter is not currently run properly”; and stated she also said, “I would like suggestions since I don’t know what the Commissioners’ authority is when we believe we are in violation of the law, and I know we don’t hire and fire staff”.  She stated she did not state at any time during the meeting that the manager should be fired, nor did she ask for a vote and demand the manager’s termination; her report to the Board was an attempt to request the Board to take action to ensure the County’s compliance with Florida Statute; based on past history with County reassignments, removal might be a reassignment with the possibility of a pay increase, remain at the same pay, or a pay decrease; and the decision is at the discretion of the County Manager. 

 

 

 

Commissioner Anderson stated he also attended the closing ceremony event sponsored by the Vietnam Veterans of Brevard County; and he was touched because all Veterans were called up to take part in the ceremony.

 

 

 

Commissioner Anderson stated he would like to remind everyone that on Saturday, May 2, 2009, he will have a District 5 community picnic at Rodes Park from 12:00 p.m. to 4:00 p.m.; and everyone is encouraged to attend.

 

 

Chairman Nelson read aloud a resolution recognizing Asian/Pacific American Heritage Day.

 

Motion by Commissioner Anderson, seconded by Commissioner Infantini, to adopt Resolution recognizing May 16, 2009 as Asian/Pacific American Heritage Day; and expressed appreciation to all the volunteers and sponsors who have made the Asian/Pacific American Heritage Festival a success.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson stated one of the things that makes Brevard County so unique is the diversity of its population; and it makes it a great place to be.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to authorize the use of the County seal on Brevard County Marine Advisory Council (BMAC) letterhead for correspondence that falls within the scope of BMAC’s authority.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to accept the Sanitary Sewer Easement from TT of Melbourne, Inc., located in Sections 9 & 10, Township 26 South, Range 36 East.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to accept a Deed for a road right-of-way from the School Board of Brevard County, Florida, located in Section 17, Township 27 South, Range 37 East.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, execute two Right-of-Way Use Agreements with The Viera Company, Viera East Community Association, and Indian River Colony Club, Inc., for installation and maintenance of Phase I and Phase II landscaping and irrigation improvements within the public right-of-way of Viera Boulevard between Murrell Road and Florida East Coast (FEC) Railroad.   Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt a Resolution and execute Public Utility Easement to the City of Melbourne for a portion of waterline to Wickham Park Senior Center that connects to the City Waterline.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to execute an Agreement to Extend Existing Agreement with the Town of Indialantic for an additional twenty years of the development, operation, and maintenance of Sunrise Park (Watson Drive). 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to execute an Agreement to Extend Existing Agreement with the Town of Indialantic for an additional twenty years for development, operation, and maintenance of Nance Park.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Resolution and execute Easement to Florida Power and Light Company for Easement to construct, operate, and maintain the electric utility facilities for the new Max K. Rodes Park.  Motion carried and ordered unanimously. 

 

 

 

The Board acknowledged the City of Satellite Beach Financial Statements for Year Ended September 30, 2008. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Resolution amending the guidelines for the Economic Development Tax Abatement Program as recommended by the Economic Development Commission of Florida’s Space Coast.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Economic Development  Tax  Abatement  Resolution  qualifying  United Service Source, Inc. as an eligible business under the County’s Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to adopt Resolution denying the vested rights application of Sharon B. Farrar, adopt the Findings of Fact and Conclusions of Law proposed by the Special Magistrate, and accept the recommendation of the Special Magistrate to allow two years to relocate the captive wildlife to a properly zoned property.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to authorize the Clerk of Courts/County Finance to release surplus funds from the tax deed sale for property located at Port Malabar, Unit 22, Lot 11, Block 880, Plat Book 16, Page 0009, with checks in the amount of $14,187.56 being made payable to Salvatore Bersani c/o Blue Chip Asset Recovery LLC and $1,576.40 made payable to the Internal Revenue Service; and authorize the Clerk to retain an additional amount of $480.00 in fees pursuant to 197.473, Florida Statute.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to authorize the Chairman to execute an Amendment to the Bond Counsel Retainer Agreement with Holland & Knight, LLP.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to continue Policy BCC-16, Non-Fraternization.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to continue Policy BCC-17, Emergency/Disaster Leave.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to authorize the Office of Human Resources/Employee Benefits to eliminate coverage for the Vested Employee premium tier from the Group Health Self-Insurance Program, effective May 1, 2009.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to appoint Sean Freeman to the Planning and Zoning Board, Wayne Cooper to the Zoning Board of Adjustment, and Cheryl-Lawson Young to the Country Acres Advisory Board, with terms expiring December 31, 2009.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to approve the bills and budget changes as submitted.  Motion carried and ordered unanimously.  

 

 

Chairman Nelson called for the public hearing to consider an ordinance granting Economic Development Tax Exemption for NewSpace Center, LLC.

 

There being no objection heard, motion was made by Commissioner Anderson, seconded by Commissioner Bolin, to adopt an Ordinance granting an Economic Development Ad Valorem Exemption to NewSpace Center, LLC, Space Coast Regional Airport SE of SR 407, Titusville, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Chapter 196.012 F.S.; providing for proof of eligibility for exemption; providing for an annual report by NewSpace Center, LLC; providing an effective date.  Motion carried and ordered unanimously. 

 

Chairman Nelson called for a public hearing to consider an ordinance granting Economic Development Tax Exemption for LS Enterprises, Ltd.

 

There being no objections heard, motion was made by Commissioner Fisher, seconded by Commissioner Anderson, to adopt an Ordinance granting an Economic Development Ad Valorem Exemption to LS Enterprises, Ltd., 6928 Vickie Circle, West Melbourne, Florida; specifying the items exempted providing the expiration date of the exemption; finding that the business meets the requirements of Chapter 196.012 F.S.; providing for proof of eligibility for exemption; providing for an annual report by LS Enterprises Ltd.; providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chairman Nelson called for a public hearing to consider an ordinance amending Article II, Section 2-73, of Brevard County Code of Ordinances.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Anderson, to adopt an Ordinance amending Article II, Code of Ordinances of Brevard County, Florida, amending Section 2-73 providing for the Departmental Structure of County Government; providing for conflicting provisions, severability and an effective date.  Motion carried and ordered unanimously. 

 

 

Frank Abbate, Interim Assistant County Manager, advised the Selection Committee has advised there were two executive search firms; the first firm is Colin Baenziger and Associates; the second firm is The Waters Consulting Group; and the two firms were unanimously chosen as the No. 1 and No. 2 firms by the three Selection Committee members.  He stated as part of the Agenda request staff has provided two options for the Board to consider; the first option is whether or not the Board would want staff to have each of the two firms come in front of the Board to make a brief 15-minute presentation at the next Board meeting, and give the Board an opportunity to ask questions and make a selection; and alternatively, if the Board would like, it can make a motion today and select one of the two firms. 

Commissioner Anderson stated it depends on how quickly the Board wants to move with the process.  Chairman Nelson stated it is his understanding that the No. 1 ranked firm was also the No. 1 ranked firm when the Board had previously discussed a selection group, but never proceeded.  Mr. Abbate advised approximately four years ago, Colin Baenziger and Associates was the firm that was selected by the Board. 

 

Commissioner Fisher stated it appears Colin Baenziger and Associates was the No. 1 ranked firm by all three people on the Selection Committee; that is a good indication that it is a well qualified firm; and he is comfortable moving forward.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to accept the Selection Committee’s recommendation of Colin Baenziger and Associates as the No. 1 best-ranked firm responding to the request for proposals for a consultant to perform the executive search for a County Manager.  Motion carried and ordered unanimously.

 

 

Commissioner Fisher inquired when the Board is going to set up the process of how many candidates there will be.  Mr. Abbate advised now that the Board has selected a firm, staff will enter into the Contract with Colin Baenziger and Associates; in accordance with the RFP that was established, it is going to be their responsibility; and staff will work with the firm to schedule meetings with each individual Commissioner in a timely fashion so the firm can obtain the Commissioners’ input relative to the qualifications being looked for in a County Manager, as well as the selection process the Board wants.  He stated staff will then come back at a public meeting and discuss it with the Board to get approval and move forward.

 

 

Commissioner Infantini stated she does not understand the need for a consultant to go over the applications if people are interested in attaching to the County’s towers.  She noted she has been approached by an individual that has been working to get on the tower in the South Beaches; there is poor coverage in that part of the County; she would like to have the most coverage possible with the most vendors that can fit in that space; and she does not understand why it is now being dragged out in an RFP process. 

 

Chairman Nelson stated where the tower already exists is a different issue; this is a case where the County has proposals from time to time for rezonings that come before the Board; and the Board gets an independent review of those.

 

Steve Stultz, Central Services Director, stated the Contract is for applications for new towers and height extensions to existing towers.  Commissioner Infantini stated she stands corrected.  Chairman Nelson advised the applicant pays for the consultant.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to accept the negotiated Contract with the selected firm of RCC Consultants, Inc.; and authorize the Chairman to execute the Contract.  Motion carried and ordered unanimously. 

 

Mike Knight, Environmentally Endangered Lands (EEL) Program Manager, stated recently there was a Workshop in there was a request from the Airport Authority to consider an exchange of property; and out of that Workshop came a request for the Selection and Management Committee to give consideration to some options for an exchange.  He stated since that Workshop, the Selection and Management Committee has considered several options; there have been a significant amount of discussions with TICO Airport about those options; and now, staff has narrowed it down to what is on the Agenda Report.  He advised the Selection and Management Committee reached the conclusion that the original plan in the TICO area for conserving the landscape is probably not going to be realized; the purchases were done in 1994 and it is not likely there is going to be any additional willing sellers in that area; and the general feeling is that it would be best to take that money and apply it to some other things that are out there in the pipeline that have a greater conservation value for the community.

 

Motion by Commissioner Fisher, seconded by Commissioner Anderson, to authorize the Chairman to enter into an contract to sell the 52 acres to the TICO Airport Authority at a sale price equal to the most recent appraisal (January 16, 2009) at $1,560,000; further action would not be required by the Board, unless TICO requests a purchase price below the January 16, 2009 appraisal; and the approval of the contract by the Chairman would be contingent upon the final review of the contract by the EEL Program Selection and Management Committee, County Attorney and County Manager.  Motion carried and ordered unanimously.

 

 

Michael Powell, TICO Executive Director, stated Option 1 is the best option for the airport authority due to the length of time of further restricted and constrained budgets; the FAA will only consider the direct purchase of the price for the appraised rate; that appraisal is only a couple of months old; and the FAA is ready to do that upon approval by the Board of County Commissioners.

 

Chairman Nelson stated he would like to make a comment that has nothing to do with the purchase.  He stated in the concept of the sale of endangered lands, the Board’s manual is geared toward the purchase of lands; and it does not particularly address the determination that the Board has run into, which is that it does not meet the program needs right now.  He stated he would like staff to begin the process of reviewing procedures to create a process in which the Selection and Management Committee will review all potential EEL property sales.

 

Commissioner Fisher stated the goal is that those proceeds can be used to purchase something more environmentally sensitive than the subject piece of property.  Chairman Nelson stated the concept is great, but he would still like staff to begin the process of reviewing the procedures.

 

 

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to approve the EEL Program to enter into a Cooperation Agreement with the Town of Malabar with the intent to reduce the design and construction costs of each entity’s respective project, through the use of a common A&E and construction firm.    Motion carried and ordered unanimously.   

 

 

 

Commissioner Bolin stated she hates surprises; when the Board does its required funding for some of the items with Constitutional Officers, her concern is the Board is now looking at an increase because of something the Board did not have any input on in the very beginning; and inquired if there is anything the Board can do in the future to have some input in a case such as this where a decision was made to make an enhancement, and then the money was not available afterward.

 

Frank Abbate, Interim Assistant County Manager, advised Information Systems has been dealing with the Clerks Office about what is the most efficient and cost effective way to move forward into the future; with this particular item there was some statutory monies that were available, although communications is a Board obligation under Article V; the Clerk took the initiative to utilize Court Technology monies to assist him in developing a communication system/phone system in the past that he funded through that so the Board did not have to use General Fund monies.  He stated what has occurred is that that funding source of Court Technology has dwindled significantly, so there was a need for additional monies; and the Clerk came forward and requested it be reviewed by Information Systems.  He stated while the Board has not been paying for that cost over the last several years because the Clerk was able to use Court Technology monies, it is an ongoing obligation of the Board and what staff has determined based on input received from a variety of different sources such as the judges, State Attorney and the Public Defender’s Office.  He stated it was staffs opinion to request the Board utilize contingency General Fund dollars to fund the $104,000, of which $50,000 to $60,000 would be recurring in the future.  He noted John Sellers, Information Systems Director, is working with the Clerk’s Office to see what can be done to minimize the cost in future years.

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to approve the allocation of $104,000 from the General Fund Contingency Account for the payment of the Clerk of Courts phone system costs; and authorize the necessary budget changes.  Motion carried and ordered unanimously.

 

 

Frank Abbate, Interim Assistant County Manager, the item is for a vendor selection for the open enrollment system; there was a Selection Committee that chose the top two vendors; it was a split decision between the first and second vendor.  He stated as Human Resources Director, when he  saw it was a  split  decision and saw the  amount of dollars  involved  between the first and second vendor, considering the current economic situation, the second place vendor could provide the basis services, he made a recommendation for the Board to consider the second vendor as an option.   He stated  staff sent out the  Agenda request to both the first and  second place vendors; the first place vendor came back and provided a clarification as to their bid, which lowered their bid by $120,000; subsequent to that, the second place vendor came back and said they would provide a clarification of their bid, and they lowered their bid by $120,000; and based on what has occurred, the Board is now in a position of having significantly lower pricing, which is to the Board’s advantage.  He stated the Board needs to decide how to move forward at this particular point. 

 

Bill Glueck, Information Products, stated he felt the RFP process was one of the fairest he has ever been through.  He stated as Mr. Abbate stated, there has been some back and forth with the pricing; given the economic times, things are very competitive; he would like to make the case that the decision was a split decision as far as the vendor rankings; and the Human Resources Department has stated that his company’s system is superior to the County’s current system and more than adequate for the needs of the County.  He stated at the moment, based on his latest revised offer, his bid is $130,000, over five years, less than the vendor that received two first-place bids; the RFP allows for final and best offers; in fairness to the other vendor and to the taxpayers, the prudent thing to do would be to table a decision today until the Human Resources Department and the Board have a chance to thoroughly discuss the impact of any decision that might be made unless it feels prepared to make a decision today. 

 

Bicknell Robbins stated he appreciates Mr. Glueck’s offer to allow him to make a final best offer without changing his bid; but he would like to point out that he did not revise his pricing; he clarified that his pricing was based on per-employee per-month pricing; when the Selection Committee priced out the total pricing, retirees were included; and that led the Committee to believe that his pricing was higher than the No. 2 proposal; but he clarified that his pricing was per-employee and did not include the retirees.  He stated there were also a number of optional services requested for bids in the proposal; National Benefit Alliance gave proposals and pricing for each of those optional services that Information Products was not able to provide for; and by selecting his firm, the Board would have the opportunity, should it choose to do so, to outsource the optional services.  He noted National Benefit Alliance has been very actively involved in Brevard County for the last 10 years and has provided online benefit enrollment for all employees in the joint base operations and support contract at Kennedy Space Center and Patrick Air Force Base; and National Benefit Alliance has a presence in Brevard County and is committed to serving the residents of Brevard County.  He stated he would like to settle the matter today and he would like to see it resolved with the No. 1 vendor at a pricing that was the lowest price between the two finalists. 

 

Commissioner Anderson stated the item strikes a nerve with him because as the Board knows, he made an issue with a former Commissioner that had an open negotiation with vendors for the Board’s auditing committee, and it upset him as he does not think it is the Board’s place to do that; and he thinks the best thing to do in this situation is to send it back for a final and best bid process, which is unbiased. 

 

Motion by Commissioner Anderson, to send the Selection Committee recommendations back to the Committee for a final and best offer regarding On-line Benefits Enrollment System Vendor Selection.

 

 

Chairman Nelson stated he would like clarification of Commissioner Anderson’s motion; inquired if the Board would send the recommendation back to the Committee for a final and best offer; and inquired if that would include a final discussion with both vendors to make sure there are not other clarifications necessary.  Gerry Visco, Insurance Supervisor, replied staff can ask both vendors to return to make sure all the i’s are dotted and the t’s are crossed.  Chairman Nelson stated he would feel more comfortable if he knew there was one last opportunity to get any clarifications.

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to approve sending the Selection Committee recommendations back to the Committee for a  final and best offer regarding On-Line Benefits Enrollment System Vendor Selection; and direct staff to have a final discussion with both vendors to make sure there are no other clarifications necessary, and bring the recommendations back to the Board on May 5, 2009.  Motion carried and ordered unanimously.

 

 

 

Lloyd Morris, Commander of the Valiant Air Command Warbird Museum, introduced Terry Yawn, Public Relations Officer.  Mr. Morris stated he has been Commander for the Valiant Air Command for 13 years; prior to that he was facilities director for five years; and prior to that he worked in procurement for two years.  He stated the VAC is asking for the Board’s support on an upcoming issue of capital facilities matching grant, which was approved by the TDC.

 

 

Terry Yawn stated the VAC has been in existence since 1977; and the VAC was started with approximately 11 individuals with a passion for military aviation, preserving the legacy of military aviation, particularly vintage warbirds and the aviators that flew them. 

 

Mr. Morris stated what the VAC does for Brevard County is tourism development; the Airshow brings in approximately $300,000 to $500,000, which is all pumped back into the local economy; the VAC started a program with the cruise lines and is picking up the first bus load coming off the boat next Tuesday; and the VAC is going to tie-in with NASA in the near future on a couple of different projects.  He stated the VAC also supports Veterans on Veteran’s Day and Memorial Day; and it also support school with tours two to three times per week.  He noted the VAC generates tax revenue for Brevard County; the museum generates approximately $1 million per year, which is pumped back into the local economy; and that all generates tax in Brevard County between $180,000 to $200,000.  He stated he tried to keep the numbers conservative.

 

Mr. Yawn stated the VAC’s revenue sources primarily are derived from three different items such  as  the  Airshow,  membership,  and  museum  admittance;  the VAC  also gets donations, contributions, and grants from activities such as BCA (Brevard Cultural Alliance) and the TDC (Tourism Development Council).

 

Mr. Morris stated the VAC has airplanes sitting everywhere; and if the Board approves the VAC’s request, the VAC will expand  into  another  hangar approximately  17,000 feet to 18,000 feet.  Mr. Yawn stated with the building fund itself, the VAC is very fortunate that the Titusville-Cocoa Airport Authority and the VAC have a 50/50 matching grant; in addition, Regions Bank, which is the VAC’s bank of note, has agreed to loan the VAC some money; and the VAC has started an active building fund through its members, of which there is now over $10,000.  He noted the VAC still needs an additional grant to ensure that the hangar can be built.

 

Mr. Yawn stated it is a win/win situation for everyone; for the money the Board will be approving, it will be getting an $800,000 to $1 million hangar; tourism will be improved; people will be staying in local hotels; and it is a win/win for everyone.

 

Chairman Nelson stated he is on the TDC and they had an opportunity to speak with Mr. Morris; it was the consensus of the TDC members that the VAC’s numbers were super conservative; the TDC felt the impacts were much more beneficial than what was represented; and it was unanimously supported by the TDC.  He stated the Board will be seeing the item at the May 5, 2009 meeting; and the Board appreciates Mr. Morris and Mr. Yawn being present.  He stated the master plan for expansion is exciting because a variety of different museums are being developed along that corridor; and that is good for the County.  Mr. Morris stated this is just the second step of several more buildings the VAC will be doing within 10 years; and he can foresee the VAC having to build a whole new glass-enclosed facility within 10 years. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Anderson, to adopt Resolution amending Resolution 08-288, for the issuance of Health Facilities Revenue Bonds, Series 2009 (Health First, Inc. Project).    Motion carried and ordered  unanimously.   

 

 

Chairman Nelson called for a public hearing to consider resolution vacating a portion of Skylark Boulevard in Waterway Estates, Third Addition, as petitioned by William and Joann Davis/William and Nina Lee. 

John Denninghoff, Public Works Director, stated the vacating petition has been brought to the Board in accordance with Statute as a request by the petitioners to vacate a portion of the Skylark Boulevard road right-of-way in the unincorporated portion of Satellite Beach.  He noted the request was originally filed several months ago,  and  subsequent to that, staff had meetings with the South Patrick Residents Association (SPRA) as well as the petitioners and others, and have formulated a number of options for the Board to consider as an alternative to the vacating request.  He stated the options as outlined in the Agenda Report, range from a denial, or as an approval retaining easements, and also the formulation of a Homeowners Association to assume  ownership  and maintenance  responsibilities  associated  with the  property that would then be privately owned.  He stated staffs position on the request has been in accordance with the existing County Policy, which is to not vacate properties that have waterfront rights associated with them; in addition to that Policy, the subject property has the potential to become a stormwater treatment facility or be utilized as part of a stormwater treatment facility; it is a coming requirement that is going to be costly; and the County will need waterfront property and access to water to be able to effectively implement the required changes.  He stated from staffs perspective it would not be a good idea to lose those property rights; the minimum would be to retain an easement for those purposes; and the simplest approach would be the denial.  He stated the final thing he wanted to mention is associated with the denial on the first option listed, which is the potential for discussion regarding how the County would treat the property in the future as the stewards of that land. 

 

Bill Davis stated the second petitioners, Mr. and Mrs. Lee, could not be here today because they had an emergency in Orlando.  He noted many of his other neighbors are present, but there are quite a few neighbors that could not make it because of work schedules.  He stated he has included a package for the Board’s reference summarizing some of the things he has seen with the whole issue, which is a difficult issue.  He stated he has been working with the County for almost a year trying to figure out what to do; when he started the process, he never intended to own the property; his goal was to figure out how to stop attracting people who do not live in the neighborhood, and vehicles parking in front of houses; and that was his main goal.  He stated what he found in the process of working with Public Works was that there was nothing that could be done; he was told all he could do was call the police; the police told him the “No Fishing” signs do not really work; and he was told people were allowed to be on the streets.  He stated he met with SPRA to try to figure out what can be done; he was told the best way to go forward was to work with the County; and in his opinion, maybe he went about it the wrong way because he probably should have tried to get SPRA onboard to help solve the problem.  He stated he wants SPRA to know he still wants to work with them; and he is not trying to go against SPRA in any way.  He commented the community is spilt on how to resolve the issue; he is getting pros and cons from both directions; some people want access for the public and some want to give the privacy and restrict access for the people who live there; and it is a tough situation.  He stated he lives next to the subject property; he wants to come up with some resolution that helps; everyone agrees they want a safe neighborhood, and not attract non-residential strangers to the neighborhood, which opens the door to criminal mischief and undesirable activity; and he knows the Board has been told there are no police reports on the property, but he has police reports that he has given to the Board.  He stated there was one incident in which kids that he had to chase off because they were throwing their fish bait on the ground, came back and taped up his truck; and that was one incidence in which he called the police.  He stated he is not trying to chase off locals; that is not his goal; his goal is to chase off people who do not live in the area that are suspicious; and anyone who says there has not been any  problems  on the property can  read the letters  from  people  who  have  lived  there  for 40 years.  He stated the three owners of his house prior to him have all had a problem with the subject property; the Board has a letter from one of the previous owners stating that they had a problem; and they were the owners who had the County put in the “No Fishing” signs, which helped deter local traffic.  He stated the signs did not help enough; people started coming to the property to use it as a boat-hop  coming in  late at night; and those are  the things he is trying to address.  He stated the neighbors want to have the ability to stop the traffic; he hopes the neighbors, SPRA, the County Commissioners, and County staff would all help with a resolution to the problem; what he has learned is that some of the petitions have been misleading, even on his side; when he talked early on about what he was trying to do, he did not know all the answers then when he did his petition; and he knows it is a difficult situation between the two groups.  He stated he has tried to communicate with the groups outside to figure out how to solve the problem; he has not gotten a lot of feedback from the community; and he hopes the Board will be able to come up with a final judgment.  He stated the facts need to be focused on; the question is how to stop attracting non-local residents and strangers, and non-local vehicle traffic, to ensure a safe neighborhood; one of the options for the Board is a park, but there is no parking for a park and he does not want to attract more traffic to the neighborhood; another option is a homeowners association, but almost everyone does not want a homeowners association; and the last option is to vacate with the stormwater drainage and an easement, as well as access to the annual boat parade.  He stated for the residents, the subject property is a right-of-way, which means by legal definition that it is a right to pass across or transverse over, not the right to party and loiter; and he has never called to report a local resident who has fished from the property, but the problem is with the general public living outside the local area.  He stated as a minimum, he hopes the Board puts up signs for the residents to help stop unwanted traffic to the neighborhood.

 

Jim Langenbach stated he does not believe the vacate request before the Board is clearly in the best interest of the citizens of Brevard County and the local residents.  He stated he believes strongly that the lot represents a great location for a future stormwater drainage site; doing that will take up a significant part of the lot as well as a significant amount of money; and a lot such as this one on the Grand Canal is a prime location for a stormwater management structure to improve water quality.  He noted the lot provides public access along the Grand Canal; but he would recommend instead of having a four-foot tall chain-link fence, that Mr. Davis should put up a nice privacy fence.  He stated there were a large number of citizens that signed a petition requesting the Board deny the request; and one of his concerns is that the Davises may only be on the property for a year or two.

 

Dan Glover stated he lives on the canal directly across from the subject property; he feels fortunate that he can afford to live on the water and enjoy the wildlife; and that is why he and his wife have lived there for 12 years.  He stated he has enjoyed watching kids and others go to the lot and enjoy the wildlife like he does; the Bottlenose Dolphins feed along the seawall; and in 12 years he has never seen any real activities that would warrant vacating it to make it a private lot.  He stated during the boat parade there is approximately 150 to 160 people there to watch; the subject property is the last vacant lot on the Grand Canal; the City of Satellite Beach gave up the other lot that was vacant; and the City is sorry it gave it up, as it left no access for people to get in to see the boat parade.

 

Bob Cahall stated he is the Area 5 Director for the South Patrick Residents Association; and Area 5 is the area that encompasses Skylark Boulevard in North Waterway Estates.  He advised he visited the property yesterday and took some pictures; there are quite a few issues going on at the property;  and  the Board  will find that his testimony contradicts greatly what the Davises have said.  He stated the Davises have stated that the seawall is going to cost $40,000 to repair; and he is not sure why that is an issue.  Chairman Nelson noted that was staff’s estimation.  Mr. Cahall stated he has a picture showing how straight the seawall is, and that the anchors holding the seawall back are holding; he also has a picture showing the boards on the seawall are still green with the pressure treatment; and there is a picture showing how well the repair is to the seawall.  He stated another issue the Davises talked to him about was that the weeds were invading the property and that the property was so poorly maintained by the County, that there were vines growing all over the fence; he has a picture of the fence line between the Davises and the subject property; the land is barren all along the fence line on the County side; but on the Davis’ side of the fence there are the weeds, vines, and overgrowth.  He stated neither fence is a privacy fence; the Davises have not provided for themselves any privacy; and they have stated they do not want a privacy fence because it would spoil their view.  He stated as far as the Davis’ maintenance of the property, they have stated they were going to make it very nice, and it would be a benefit to the community; the original petition by the Davises states they would beautify the property; but he has pictures that show the Davis’ dock has fallen in and is in poor repair; and if he took more pictures the Board would see that half of the seawall is the old construction of the asbestos.  He stated he helped to circulate a petition to deny vacating the property; he had a lot of people discuss with him what they would like to do with the property; as Area 5 Director, he has gotten a lot of emails and a lot of calls; and a large majority of the people do not want the property vacated.  He stated almost everyone would agree to a dusk to dawn sign, and people are split on whether or not to have a bench on the property; but the only issue before the Board today is the vacating issue.  He commented on some residents who would like the property to be turned into a small park with benches and tables, and others who do not want a small park.  He stated he can see no viable reason to vacate the land; and he would like Commissioner Bolin to look into the possibility of signage that can be done to help the Davises and the community.

 

Chairman Nelson stated he has a question on the fencing on the Davis’ lot; the Davises have a double frontage lot because of the right-of-way; and inquired what are the limitations on the fencing they can do.  Assistant County Manager Mel Scott replied the Davises have the ability to claim their frontage, which they have effectively already done that fronts the street, so in their backyard they can do a six-foot high stockade fence.  Chairman Nelson inquired at what point can they have a six-foot fence; with Mr. Scott responding as soon as the fence leaves the front setback, which would be approximately 10 to 15 feet off the front part of their lot, covering their functional backyard with the pool.  Chairman Nelson stated on a corner lot a homeowner cannot fence with a six-foot fence on the property line on a double frontage lot, so it has to be back at the house lines.  Mr. Scott stated a homeowner has the ability to claim a front, but not two fronts.  Chairman Nelson stated in looking at the pictures, the Lees have a six-foot fence in what would be their front yard. 

 

Maureen Rupe stated she understands the right-of-way situation; nevertheless, it is a large right-of-way of considerable value to the County on a prime waterfront lot; she was looking at the reasons the property owners have for wanting to vacate the property; and one is liability because the subject property is a constant liability to the County because injury may occur on the property.  She  noted  every  County-owned  property  is a liability;  every individual property owner has the same liability; and inquired how much the County’s insurance would decrease from taking off the lot.  She stated the property requires constant maintenance in the form of both lawn and seawall maintenance; weekly mowing and edging should occur, but is delinquent; additionally, the property contains pepper trees in which the County has been made aware and has made no action to remove the trees; and there are hundreds of examples all over Brevard County of little or no maintenance due to the lack of resources.  She stated Port St. John has 11 designated parks that have had little maintenance and have not been made into parks since the late 1970’s; and almost all the adjoining neighbors in North Waterway Estates have the same problems.  She stated the adjoining neighbors currently witness and experience persons loitering and engaging in illegal activity; and inquired how many times the police have been called and how many convictions have there been.  She stated perhaps the neighbors could get together and adopt the lot; and there are volunteer groups that do pepper busting, such as the Marine Resource Council.  She stated she believes it is not in the public interest to announce a private citizen’s financial security at the taxpayers’ expense; and she is asking the Board to choose Option 1. 

 

Commissioner Fisher stated he thinks part of the reason a lot of people are speaking today is because they are concerned about whether the Board is going to vacate the property or not; and he personally does not see the Board vacating the property.  He stated the conversation may need to be about signs on the property; he does not want to deny anyone the right to speak; but the attitude is that people do not want to see it vacated; and he is trying to move to a sign conversation versus 30 people asking the Board not to vacate.

 

Commissioner Bolin stated she is also going to vote not to vacate; but she wants to hear the speakers.

 

Tania Hanlin stated she and her husband have been homeowners in North Waterway Estates for 18 years and have been active members of SPRA for over 10 years; she never heard a word about this issue until December 2008; and she cannot believe the citizens of Brevard County must fight another battle.  She stated this time, the battle is to retain something that is actually a landmark of the community and has been for 40 years; it is disturbing to so many why vacating the west end of Skylark Boulevard remains an issue; and it is not in the interest of Brevard County’s residents.  She stated Mr. and Mrs. Davis would have the Board believe the property is a junk piece of property that is never frequented by neighbors and residents, only by derelicts and rogue fishermen; but nothing could be further from the truth; and everyone at one time encounters negative situations outside their comfort zone now and again; but there are solutions such as calling the Sheriff’s Department or alerting a neighbor.  She stated she has volunteered with the Davises on several occasions over the last two years; and not once did she hear them express any concern over any negative activity on the property.  She stated she was friends with the  late  Jean  Freeman, SPRA’s former  Area 5  Director;  and  she  never  expressed any knowledge or concern over negative activity.  She requested the Board be guided by its own policy BCC-77, and the over 200 petitioners who signed a petition, which was very straight forward. 

 

Motion by Commissioner Bolin to approve Option 1, to deny the vacating request and discuss other options.

 

 

Chairman Nelson stated Commissioner Bolin is voting to cut off the public comments.  Commissioner Bolin stated the Board can poll the audience to see who wants to speak.  Commissioner Infantini stated the Board needs to let everyone speak, because they are entitled to their time.

 

Gary Hanlin stated he has been working with the Marine Advisory Board for nine years; he has been working with Natural Resources Management Director Ernie Brown for several years; and in his nine years of experience, the County has sold waterfront land and had to turn around and buy it back for 10 times what they sold it for.  He stated right now, Brevard County has 70 miles of waterfront and it needs every bit it has; and he thinks the Board should hang on to the property and work with John Denninghoff to come up with the proper signage to satisfy the community.

 

Dr. Ray Rosenkaimer stated as the Board can see, problems are based on all individuals’ perceptions; and it is the Board’s job to reach a consensus on what is best for the neighborhood.  He stated vacating means decision making; and there needs to be some control or effort has to be exerted on the property.  He stated the Board needs to recognize the factual basis of the issue and not respond to arguments among neighbors, because that is the level it is at.  He stated another part of the discussion is the quality of life of families; and the focus is not on seawall construction or vegetation.  He noted he has lived on Skylark Boulevard for five years; he has found the subject property to be an attractive nuisance for those living on Skylark Boulevard; it is a meeting place for young people to do illegal activities; he lives on the adjacent canal and he has witnessed people using the seawall to place motorless john boats without registration at night that travel the canals at night for no other reason than to look for vacant houses or personal belongings.  He stated he supports the vacating; a decision needs to be made for controlling the property, whether it is the County or the neighbors; and he would adamantly and tirelessly oppose and contest vacating the parcel to a non-existent homeowners association, as that is why he purchased his home, to not be in a homeowners association.  He stated he and his wife were canvassed by someone with a petition representing the other side; he listened and read the petition and found that it bordered on dishonesty; he found the petition to be offensive; and it became apparent of what a small group of persons who do not live in the area was.  He stated the lot is not attractive for a park; there are many beachside parks with pavilions and rest rooms that provide parties and activities; and inquired who would construct a park between two residential homes.  He stated the property should remain as it existed for the past 40 years; it should remain with all signage returned; and the authorities should be called with every  infraction  that takes  place on the property.   He noted most of  the signs have been removed; and he wonders if the signs went through the proper process with signage, or is it another example of illegal activity of taking down the signs.

 

Vance Barefoot stated he has lived on the street for 40 years, three doors from the lot in question; he is aware of the Davis’  problems,  as  he has seen  it over and over again; what the Board is hearing from a lot of the speakers is that they recognize the problem, but they do not have to deal with it; but the Davises and the Lees have to deal with it; and they are asking the Board to help them with the problem.  He stated ignoring the problem is not going to make it go away; it has been ignored for 40 years; and it is still there.  He stated the Davises have a problem outside their bedroom window on occasion, and they do not have an avenue to deal with it.

 

Robert Haston stated he lives on the water, but he is present on behalf of all his non-waterfront neighbors; the Board is responsible for approximately half-million people; closing access off the subject property will put pressure elsewhere; and if the rest of the County finds out the Board is changing BCC Policy 77 and giving away free waterfront lots, it will set a bad precedence.  He stated at the heart of the matter is a few people making accusations that have been directly contradicted by other people who live across the canal.  He stated the river can be accessed a few blocks away; most of the people who are loitering on the property probably live close; there are 14 people on the street who do not have waterfront access; and they stand alone to lose something.  He commented on being a rescue pilot and pulling out 200 people after Hurricane Katrina.  He stated he would like to request that the Board keep the property. 

 

Chuck Bowker presented a letter in opposition to the Board.

 

Nancy Harrison stated she also has lived on the water for 40 years and she has never had any trouble with riff raff; at night she pulls the blinds in her bedroom window; she sees no problem with the lot staying the way it is; and the Davises can put up a privacy fence if the lot bothers them.  She stated she would like the Board to keep the property, as she has been paying taxes on it for 40 years.

 

Ayn Samuelson stated she is the President of SPRA, which serves approximately 3,000 on the beachside, north of Satellite Beach and south of Pineda Causeway.  She stated SPRA is a very active organization that listens to and works with its residents with County and State staff, and also with elected officials; SPRA takes democracy very seriously; SPRA wants people to come to the meetings; and everyone has the right to stand up and make their view known.  She stated she had never heard about any recurring problems on the property; the former Area 5 Director never once mentioned receiving calls from any residents on Skylark Boulevard about the issue; and if she does not know about a problem, she has to assume there is no problem.  She stated the Davises have brought forward their concerns; it is also her job not to have the tyranny of the majority either because individuals are important; and concerns need to be taken from every citizen, but they have to be legitimate and there has to be evidence and proof.  She stated she advised the Davises that she would not get involved in the issue unless the citizens came to her with concerns; and that is what happened.    She stated she called the Sheriff’s Department and inquired if there had been any calls on the issue; and she was told there had not been any calls.  She stated she would like the Board to deny the vacating, but look at other options. 

 

Joann Davis stated she would like to apologize for the misinformation being presented today; if most of the residents would have read the Agenda to understand that safety is her biggest concern;  and it is not about the Davises and the  Lees, it is about the people who live closest to the property.  She stated issue is about safety; she and her husband came to the County early on to find out how they could deal with the problem; they were told they can go through the vacate option; she now understands there are four options; and she understands the Board is probably not going to vacate it, but it was an option that was pursued.  She stated signs need to be back on the property; there was a “No Fishing” sign up for 10 years and there was never a problem; bait shops are referring people to the lot to fish; and she has never called the police on a local resident walking down to fish and visit the property.  She stated her concern is about the people who park from out of the area who are visiting the area; and it is about safety.  She stated the misinformation that started was because people thought they were just trying to grab land and the County would have to buy it back if it wanted to do something with the drainage; they want the community to come and enjoy the boat parade; and she would never want to deny access for the boat parade.  She stated vacating the property will save money for the entire general public because they will not have to pay for the seawall; the County said the seawall has to be repaired soon; and she thinks the Board can see how the whole situation has gotten out of hand with misinformation.  She stated she is asking the Board to sort out the misinformation and help control the property; if it is not vacated, then that is okay; but there at least needs to be some signage.  She stated everyone who has spoken today in opposition is outside the 500-foot radius and lives on the water; and the only two exceptions are Ayn Samuelson and Mr. Glover, who do not live close enough to know what goes on at the property.

 

Chairman Nelson inquired what the rules are on fencing.  Mr. Scott replied on the two properties in question, the Lees and the Davises, they could construct a six-foot stockade fence to the canal as long as they get out of their front setback, which would be their frontage from the road; and that is how the Code reads.  He explained the Zoning Code does not consider the Davis’ and the Lees’ property as corner lots; the reason is because the definition of a corner lot in the Zoning Code states any lot situated at the junction and abutting two or more intersecting streets; the Land Development Regulation defines streets as being a right-of-way that is improved to County standards; by virtue of the fact that this is an unimproved right-of-way, it is not viewed as a corner lot; a stockade fence could be built; and if for any reason the unimproved right-of-way were to be improved then the fences would become non-conforming; but the likelihood of that is little to none.  Chairman Nelson inquired if that is also true of the Lees’ property, because their property faces the unimproved lot; and they have a fence in the front yard.  Mr. Scott replied yes, it is the same circumstance because the unimproved right-of-way is not considered a lot for purposes of establishing a front. 

 

Commissioner Infantini stated someone mentioned a park could not be put on the property; she showed a picture of a park in Melbourne Beach between two houses; and at the end of every street in Melbourne Beach there is an access to the river and ocean.  She stated what was done at the one specific location was the property owners on both sides have privacy fences and a lot of shrubbery protecting them; and they owners also put in some park benches and a path.  She stated the Sheriff’s Office does not have any reports from the Davises; she thinks it is a property rights issues; and she dares anyone to go to Melbourne Beach and tell those people that a property will be given to two property owners.  She stated whether someone lives there or not, it is  an  access point to the water;  even  though she does not live there, she  would  not mind her son going fishing there; he would be viewed as an outsider, but sometimes community residents have friends; and when friends are visiting, they will go fishing. 

 

Chairman Nelson stated having been involved in maintaining parks such as this one, they are a pain in the backside for a lot of reasons that have been stated; and the question is if it is a park or not.  He stated frequency of the issues that have occurred certainly is a question, but there is a picture of a gentleman leaning over the Davis’ fence and fishing; he would not want that in his backyard; and there is a potential of someone different being there everyday.  He stated his concern with this issue is how the Board protects the rights of homeowners to enjoy their own properties; and what is it that the Board is allowing to happen that is causing the problems, and how does it address that.  He stated whether vacating or not vacating, the Board owes the petitioners a solution to the problem; and as the Board goes through the process, he hopes it will talk about how to address the issues.  He stated as for the “No Fishing” signs that disappeared, they were probably never approved by the Board in the first place; they were probably put up at some point based on a Commissioner calling an office and a sign being put up; and the right way is that the Board should take an action for the placement.

 

Commissioner Bolin stated a lot of the ideas about the property becoming a park was not discussed except in option categories; the Board never said it would make the property a park; and the property is going to be used for the stormwater drainage mitigation.  She stated after the property is used for stormwater drainage, the whole lot could end up being a retention pond. She stated there are a lot of variables; and deciding what the property is going to look like is putting the cart before the horse because the Board does not know what it is going to need to do with the land. 

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to deny the vacating request as petitioned by William and Joann Davis, and William and Nina Lee regarding a portion of Skylark Boulevard in alternative to vacating Waterway Estates, Third Addition in Section 22, Township 26 South, Range 37 East.  Motion carried and ordered unanimously.

 

 

Chairman Nelson stated the County does not own that land; but the County has the right to use the land; and that is a difference.  He stated the vacate is a right to use given in a plat; the County does not have fee simple or title; and it cannot sell the property because it does not own it; but an easement would give the County all the same rights.  He noted the difficulty is that there is a lot of confusing information.

 

Commissioner Anderson stated he does not think the County is in the mode, financially, of expanding its parks; and it is not something he can support right now; but if the community wanted   to   do   something  to  adopt  a  park,  then  that  is  their   choice.  He  stated  the “No Trespassing” enforceable signs from dusk to dawn might be a quick option the Board can take right now. 

 

Commissioner Bolin her staff did a sketch on what a fence could look like that would a low, split-rail fence; the area is an MSTU area for District 4; and she stated the estimated cost for a split-rail fence is approximately $1,100. 

 

Loren Rapport, Parks and Recreations, stated split-rail fences have been used at other parks, such as the intersection at S.R. 405 and S.R. 407, and there are also “No Trespassing” signs on the property; and there is vegetation in the area that will grow with little maintenance.  He stated a split-rail fence can be done inexpensively and it would not impact the maintenance fees.

 

Commissioner Bolin stated that is one possibility she would like to bring forward; but she is confused of what is the decision to be made by a Board versus what decisions she would be able to do with her constituents in SPRA in District 4; and inquired if the Board wants to make decisions for signage on something that is a community.  Chairman Nelson stated by having the Board make the decisions on signs, there will be five different Board Policies; for instance, there are numerous similar circumstances throughout the County; and the difficulty is that if he says “No Fishing” and Commissioner Bolin says, “Fishing”, then people are going to want to know why; and he thinks it needs to be a Board Policy.  He stated he supports the idea of looking at each of the parcels on a case-by-case basis in terms of vacating public access; what is missing is that once the Board decides not to do it, the question is what does the Board do with the property, and what has been created in terms of an impact to neighborhoods.  He commented on a piece of property on Merritt Island at the end of a street that someone, at some point had actually put in a boat ramp; and the unfortunate adjacent neighbor had a circular driveway, which became the turnaround for boat launching.  He stated there can be unintentional consequences by making those kinds of decisions; and he thinks there has to be a discussion by the Board related to those kinds of things as opposed to independently because the Commissioners may set each other up unintentionally for those kinds of questions. 

 

Commissioner Bolin inquired what is the pleasure of the Board in regard to signage.  Commissioner Fisher stated he understands the Davis’ situation and also the neighbors’ situation; the problem is not so much with the neighbors coming onto the property, it is the unknown that is causing concern to the Davises and some of the other neighbors too.  He stated he thinks the signs have to be vague because it is public property; but he thinks what they are trying to discourage is the guy from Sanford that comes over to fish; and maybe a split-rail could be built with a sign that says the property is for the residents’ use only. 

 

Commissioner Bolin inquired what are the implications of the signage and how can it be enforced realistically.  County Attorney Scott Knox replied if the Board puts a time limit on the sign, it will have implicitly opened it up for purposes other than ROW purposes; and that is what he would be concerned about.  He noted it is a dedicated right-of-way, which means the Board get to use it for right-of-way, drainage, stormwater, related to right-of-ways; and there is some argument about whether fishing would be appropriate.  He stated fishing happens on right-of-ways throughout the County;  and  it may be something that fits in there.  He stated loitering has a specific definition in the Statute, meaning there is no reason for someone to be there; and if someone is lingering on the property with no particular reason, the Sheriff’s Department can be called to do what they have to do.   

 

Commissioner Bolin stated she would like to move forward with the idea that the Board will be having a “No Parking” sing and a “No Loitering” sign without a time element on it because of the statement made by Attorney Knox; but she is not in favor of a “No Fishing” sign.

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to approve the placement of “No Parking” and “No Loitering” signs on the subject property. 

 

 

Chairman Nelson stated he is concerned about the unintended consequences of a “No Parking” sign, as it may cause non-residents to park in front of people’s houses instead of at the street-end itself.  Commissioner Bolin stated there is not going to be a perfect situation. 

 

Bob Cahall stated there is a “No Parking” sign on the property currently; the argument is that it is a turnaround spot because it is a dead-end; and if vehicles were to park there it would obstruct the flow of traffic.  He stated he would like to see “No Parking” signs at the end of all the cul de sacs because they get clogged up; but he thinks a “No Parking” sign on the subject property is a good idea in order to not obstruct the flow of traffic. 

 

Chairman Nelson called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

Chairman Nelson stated it will have to be monitored, because the situation is not going to go away.

 

 

Upon motion and vote, the meeting adjourned at 12:27 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    CHUCK NELSON, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)