MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

February 20, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on February 20, 2007, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Pastor Ken Delgado, House of Prayer, Palm Bay, Florida.

 

 

Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the October 19, 2006 Special Meeting Minutes, December 7, 2006 Zoning Meeting Minutes, and December 12, 2006 Regular Meeting Minutes.  Motion carried and ordered unanimously.

 

 

Commissioner Bolin read aloud a resolution commending Cherlyn Beth Kinney for her years of dedication and hard work to the Library Services Department.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing and commending Cherlyn Beth Kinney for her years of dedication and hard work to the Library Services Department and wishing her good health and happiness in pursuing her retirement.  Motion carried and ordered unanimously.  (See page                      for Resolution No. 07-038.)

 

 

Cherlyn Beth Kinney advised that libraries are wonderful; they serve the community and citizens by providing a free flow of information to those that seek it; libraries also provide programming and cultural events; and the County needs to get children involved with libraries.  She expressed appreciation to the Board for supporting libraries over the years; and stated the citizens of Brevard County love their libraries.

 

Commissioner Bolin presented the Resolution to Cherlyn Beth Kinney.

 

 

County Manager Peggy Busacca recognized Brevard County employees Carl W. Kuehner and George  E.  Campbell for 35 years of service; Carolyn A. Bennett, Nancy A. Smith, and Keith A.

Alward for 30 years of service; and Thomas O. Vanderwyst, Danny L. Turner, Phyllis D. Coffer, Mark A. Luttrell, John S. Spillman, Christopher G. Harris, Cynthia M. Streeter, Cheri R. Camp, and James Bell for 25 years of service.

 

The Board recognized and presented the Employee Longevity Recognition plaques to the aforementioned employees who have achieved thirty-five, thirty, and twenty-five years of service.

Chairperson Colon expressed appreciation to the employees for their professionalism and hard work to the citizens of Brevard County.

 

 

Commissioner Nelson recognized Parks and Recreation Department staff member Jan McLarty for her outstanding efforts.

 

The Board expressed its appreciation to Ms. McLarty for her exemplary service.

 

Commissioner Voltz read aloud a resolution honoring Eagle Scout James Lawson.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing and commending James Lawson for attaining the rank of Eagle Scout, and offering congratulations and best wishes for a successful future.  Motion carried and ordered unanimously.  (See page                     for Resolution No. 07-039.)

 

 

James Lawson expressed appreciation to the Board for the Commendation Resolution.

 

Commissioner Voltz presented the Resolution to James Lawson.

 

 

Commissioner Voltz read aloud a resolution commending Willia Gooding, SCAT’s Vehicle Operator III.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution recognizing and commending Willia Gooding for her thirty-two years and five months of dedication and diligence to Space Coast Area Transit, its customers, the Board of County Commissioners, and the citizens of Brevard County, and wishing her good health and happiness during her retirement.  Motion carried and ordered unanimously.  (See page

for Resolution No. 07-040.)

 

RESOLUTION, RE:  COMMENDING WILLIA GOODING (CONTINUED)

 

Willia Gooding stated her career has been an experience; and expressed appreciation to the Board for the Resolution.

 

Commissioner Voltz presented the Resolution to Ms. Gooding.

 

Chairperson Colon read aloud a resolution recognizing Michael Combs for achieving the rank of Eagle Scout.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution recognizing and commending Michael Combs for attaining the rank of Eagle Scout, and offering congratulations and best wishes for a successful future.  Motion carried and ordered unanimously.  (See page                  for Resolution No. 07-041.)

 

 

Michael Combs expressed appreciation to the Board for the Resolution; and stated it is a great privilege and honor to be here.

 

Chairperson Colon presented the Resolution to Mr. Combs.

 

 

Chairperson Colon read aloud a resolution recognizing Terry Kneapler for achieving the rank of Eagle Scout.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing and commending Terry Kneapler for attaining the rank of Eagle Scout, and offering congratulations and best wishes for a successful future.  Motion carried and ordered unanimously.  (See page                  for Resolution No. 07-042.)

 

 

Terry Kneapler expressed appreciation to the Board for the Resolution; and stated it has taken a lot of dedication and devotion to get this far.

 

Chairperson Colon presented the Resolution to Mr. Kneapler.

 

 

Commissioner Bolin read aloud a resolution recognizing the Ancient Hibernians and proclaiming the month of March 2007 as Irish-American Heritage Month.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution recognizing the Ancient Order of Hibernians and proclaiming the month of March 2007 as Irish-American Heritage Month, and inviting the community to join the Ancient Hibernians as they participate in the annual St. Patrick’s Day Parade on March 17, 2007 at 1:00 p.m. in Melbourne, Florida.  Motion carried and ordered unanimously.  (See page                  for Resolution No. 07-043.)

 

Duwayne Lundgren thanked the Board for the Resolution on behalf of Supervisor of Elections Fred Galey, The Ancient Order of Hibernians, and all those in the community of Irish descent.

Commissioner Bolin presented the Resolution to Duwayne Lundgren.

 

Chairperson Colon read aloud a resolution commending Marge Knopf for her services to the community as a loving and caring volunteer.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution recognizing and commending Marge Knopf for over 17 years of dedicated service to the community, especially the senior citizens of South Brevard, and expressing appreciation for all of her efforts and contributions.  Motion carried and ordered unanimously.  (See page

for Resolution No. 07-044.)

 

 

Marge Knopf stated she could not have done it by herself; for over 16 years she had the most magnificent Board of Directors that worked together as a team; and they made an impact on the community and seniors.

Commissioner Nelson read aloud a resolution congratulating Rosa L. Jones for celebrating the occasion of her 100^th birthday.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution recognizing and congratulating Rosa L. Jones for celebrating the occasion of her 100^th birthday, and offering congratulations and best wishes to her and her family.  Motion carried and ordered unanimously.  (See page                    for Resolution No. 07-045.)

 

 

Commissioner Nelson presented the Resolution to a representative for Rosa L. Jones.

Commissioner Nelson read aloud a resolution declaring the month of March as Alzheimer’s Awareness Month.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution unanimously declaring the month of March as Alzheimer’s Awareness Month.  Motion carried and ordered unanimously.  (See page                  for Resolution No. 07-046.)

 

 

Chris Stagman expressed appreciation to the Board for its strong commitment to the seniors in Brevard County; and thanked County Manager Peggy Busacca, Assistant County Manager Don Lusk, and County staff for their expertise and technical assistance.

 

Chairperson Colon expressed appreciation to Joe Steckler for his hard work and dedication.

 

Commissioner Nelson presented the Resolution to Mr. Stagman.

 

 

Commissioner Nelson read aloud a resolution congratulating Tony Dretzka for achieving the rank of Eagle Scout.

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to adopt Resolution recognizing and commending Tony Dretzka for attaining the rank of Eagle Scout, and offering congratulations and best wishes for a successful future.  Motion carried and ordered unanimously.  (See page                   for Resolution No. 07-047.)

 

 

Tony Dretzka expressed appreciation to the Board, and the Parks and Recreation Department.

 

Commissioner Nelson presented the Resolution to Mr. Dretzka.

 

 

County Manager Peggy Busacca stated Items III.A.9. and III.A.10. are Binding Development Plans; and additional language has been provided to the Board.

 

Assistant County Manager Mel Scott advised staff has contacted the applicants of the items; the intention is to further refine and accomplish the intent of the Board in passing the rezoning items by better defining the price earnings of a potential purchaser of an affordable home and what that home would actually be priced at; in further review of those items, staff found that language was not entirely accomplishing that goal; and it hopes these revisions do so.  He stated both applicants agree with the revised text.

 

 

 

 

Human Resources Director Frank Abbate stated Wanda Skanes personal commitment to her own professional development advancement is a wonderful example of the value an employee can bring to Brevard County; and advised of Ms. Skanes achievements and accomplishments.

 

Wanda Skanes stated what she has learned in the time she has been here, no matter how old someone is, there is always room for growth; when there are barriers in the way, one needs to make choices; she chooses not to be one who will sit back and complain; and she chooses to move forward.  She advised she is truly honored by this recognition.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve establishing a Task Force consisting of County Manager Peggy Busacca, Ian Golden, Joe Steckler, and Chairperson Jackie Colon to focus on programs for Brevard County’s seniors and youth.  Motion carried and ordered unanimously.

 

 

Chairperson Colon expressed Happy Birthday wishes to her son, C.J., who is ten years old today.

 

 

Commissioner Voltz advised this weekend is the Grant Seafood Festival; and encouraged everybody to attend.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve rescheduling the March 22, 2007 Budget Planning and Persons with Disabilities Assessment Workshop to 10:00 a.m. instead of 9:00 a.m.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz read a letter from Alan Abramowitz and Shelly Mayer congratulating CBC of Brevard on its recent accomplishment, and finalizing 54 adoptions this year, which exceeds the Contract goal of 49 adoptions; and being the first CBC in District 7 to meet and exceed its goal.  She advised it says a lot about the CBC of Brevard; and it does an excellent job.

 

 

 

Commissioner Voltz inquired why Brevard County does not celebrate President’s Day; and advised the banks and cities are closed.

 

Commissioner Scarborough stated Commissioner Voltz could make a motion, as the Board has the control.

 

Motion by Commissioner Voltz, to approve observing President’s Day as a Brevard County holiday.

 

 

Commissioner Bolin requested staff review what the ramifications are to Brevard County.

Human Resources Director Frank Abbate stated if the Board is asking what the cost is for doing that, staff will be happy to send a report back to the Board; and there are certain costs that would be associated with it, including additional overtime costs and costs in Fire Rescue.

 

Commissioner Voltz inquired will it be a minimal cost or thousands of dollars; with Mr. Abbate responding thousands of dollars.

 

Commissioner Nelson stated he wants to make sure the item is included on the Agenda for public discussion.

 

Commissioner Bolin stated she would like to have the extra holiday investigated; she does not want to have the entire County staff storming her office in the next ten minutes because they are upset with her; but the Board needs to make a good balance between what is good for the taxpayers dollars and the County employees.

 

 

Commissioner Voltz expressed the Board’s condolences to the family of Carmen Shrum; stated Ms. Shrum recently passed away; and she did such a great job for the ladies in Brevard County with the Commission on the Status of Women.

 

 

Chairperson Colon expressed appreciation to Valkaria Airport Manager Stephen Borowski, Valkaria Airport Advisory Board, County staff, and volunteers for their efforts and hard work with the Valkaria Airport Air Show.

 

Commissioners Bolin and Voltz advised that the Valkaria Airport Air Show was a wonderful event.

 

 

Commissioner Scarborough advised that the additional language needs to be included in Items III.A.9. and III.A.10.

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Wetland Restoration Plan submitted to Natural Resources Management by Heidy Dondero, owner of the property at 6548 Windover Way, Titusville, located east of Interstate 95 and west of Challenger Memorial Parkway in unincorporated Brevard County.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Agreements with Geomar Environmental Consultants, Inc. and University of Central Florida for conducting the required marine turtle nesting surveys within their research area north of Patrick AFB, and within their area south of Patrick AFB respectively.  Motion carried and ordered unanimously.  (See pages                       for Agreements.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant preliminary plat and final plat approvals for Galzerano Townhomes, subject to minor engineering changes as applicable, and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant final plat approval for Solerno Boulevard, Phase 2, subject to minor changes, if necessary, receipt of all necessary documents required for recording, and developer obtaining all other necessary jurisdictional permits; and execute Contract with The Viera Company.  Motion carried and ordered unanimously.  (See page                        for Contract.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to direct the County Attorney’s Office to proceed with foreclosure action and seek and injunction regarding Gary Lee Taylor properties for continuing violation of Brevard County Code.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to waive the site plan extension provision in Section 62-3205(a), allowing the fifth six-month extension for the Shoppes at Baytree and Wickham, providing the applicant additional time to complete the project from January 30, 2007 to July 30, 2007.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant waiver of site plan extension provision in Section 62-3205(a), allowing the fourth six-month extension for Wuesthoff – Port St. John Clinic expansion, providing the applicant additional time to complete the project from February 4, 2007 to August 4, 2007.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Binding Development Plan with Warm Wind Homes, LLC for property located on the west side of Hammock Road, approximately ½ mile north of Wiley Road.  Motion carried and ordered unanimously.  (See page                        for Binding Development Plan.)

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Binding Development Plan with Paul J. Marion and Dale K. Marion, and Robert and Ethylmay Kirk for property located on the south side of Brockett Road, approximately .59 mile east of U.S. 1.  Motion carried and ordered unanimously.  (See page                       for Binding Development Plan.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Binding Development Plan with Cedric R. Jackson for property located on the south side of Main Street, approximately .55 mile east of U.S. 1.  Motion carried and ordered unanimously.  (See page

                     for Binding Development Plan.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Binding Development Plan with Irving and Bette Betrock for property located on the west side of A1A, approximately 80 feet north of Sea Dunes Drive.  Motion carried and ordered unanimously.  (See page                      for Binding Development Plan.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant permission to advertise public hearing for creation of Tangle Run Boulevard Purchase and Improvements Municipal Service Benefit Unit (MSBU) in District 4.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to accept drainage easements from William and Virginia Ferguson, Hemant and Suraiya Joshi, and The Coalition for the Hungry and Homeless of Brevard County, Inc. for Paradise Lane and Furnari Street drainage improvements.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to accept Deeds and Drainage Easements from Dr. and Mrs. Ben Storey, Dr. and Mrs. John C. Dunn, and Mr. and Mrs. Carlos Springfield; accept the improved portion of the road south of Aurantia Road, across from International Avenue, for approximately 2,550 linear feet; and waive environmental site assessment requirement for property across Burkholm Road from Cushman Drive between Burkholm and Aurantia Roads in Mims.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to reappoint David Breininger, Mark Bush, Ron Hight, Charles Ross Hinkle, Randall Parkinson, Paul Schmalzer, and Kim Zarillo to the Environmentally Endangered Lands Program Selection and Management Committee, with terms of appointments expiring December 31, 2008.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Agreement with the Florida Department of Education (FDOE) for the Summer Food Service Program.  Motion carried and ordered unanimously.  (See page                      for Agreement.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute FY 2007 Certifications and Assurances for Federal Transit Administration Grants.  Motion carried and ordered unanimously.  (See page                      for Certifications and Assurances.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve the public sale of listed County-owned equipment declared surplus or uneconomical to repair by the custodians (Van Econoline Ford 2003 #3291013, Van Econoline Ford 2003 #3291014, and Van 2003 11- Passenger Ford #3291031); and grant permission to accept the high bids, or in cases where the bid price is below the perceived value to the County, reject the bids, using staff experience from previous sales.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute First Amendment to Lease with RBP1, LTD for the Brevard County Public Health Department located at 571 Haverty Court in Rockledge.  Motion carried and ordered unanimously.  (See page

for First Amendment to Lease.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize the allocation of excess balance forward from the 4^th Cent Tourist Tax for additional costs incurred during construction of Capital Improvements at the Space Coast Stadium.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve expenses of $870.05 related to the Marina Siting and Public Access Government Forum, which was held on July 29, 2005.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to accept the amended Letter of Agreement with the University of Central Florida regarding the Mims Incorporation Feasibility Study; and authorize the County Manager to sign said Letter of Agreement and process the payment once all data is obtained.  Motion carried and ordered unanimously.  (See page

               for Letter of Agreement.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Agreement with the Town of Malabar for the County to provide paging alerting services for the Town.  Motion carried and ordered unanimously.  (See page                    for Agreement.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Agreement to allow Unimax Toys Limited to produce miniature collectable replicas of Brevard County Fire Rescue fire engines and ambulances.  Motion carried and ordered unanimously.  (See page

                    for Agreement.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Agreement with the Town of Melbourne Beach for the County to provide dispatch services for the Town.  Motion carried and ordered unanimously.  (See page                       for Agreement.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Agreement with Four Communities Fire Department, Inc. to allow response to calls for assistance when Brevard County Fire Rescue (BCFR) is unavailable or as backup or supplemental staff to the BCFR units.  Motion carried and ordered unanimously.  (See page                      for Agreement.)

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve the revised Precinct Legal Descriptions for changes to existing precincts due to annexations by the City of West Melbourne.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve the Bills and Budget Changes, as submitted.  Motion carried and ordered unanimously.  (See pages

             for List of Bills and Budget Change Requests.)

 

 

Paul Saia, representing Sawgrass Homeowners Association, stated the Sawgrass Community is located and adjoining the new Pineda Causeway Widening and Extension; the community is very happy to see this project come to fruition; and such community would like to know more about the project.

 

Transportation Engineering Director John Denninghoff stated this is an administrative function; the Florida Department of Transportation (FDOT) awarded Brevard County grant monies under the TRIP Program in the amount of approximately $10 million; this item is just the paperwork associated with that award; and it took a while for FDOT’s legal staff to produce the documentation.  He advised such documentation has been reviewed by the County Attorney’s Office, as well as his staff; and it is being brought to the Board for approval today.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution authorizing the execution of the Off the State Highway System Transportation Regional Incentive Program Agreements; and execute Agreements with State of Florida Department of Transportation for Pineda Causeway Widening and Extension from U.S. 1 to Interstate 95.  Motion carried and ordered unanimously.  (See pages                           for Resolution No. 07-048 and Agreements.)

 

 

Thelma Roper stated there was a Referendum Committee in North Brevard for a community center; the Committee was moving along and it was discussing with someone the possibility of a donation of a parcel of property for the community center; however, all of a sudden the issue died.  She noted the last she heard was that there was going to be a Committee meeting in January 2007; the meeting never materialized; she is seeing articles in the newspaper that the community center that was done under the Referendum is now being combined and conjoined with the new library the Board approved to be built to replace the one at Pinewood School; and inquired  how   the   Referendum   Committee   suddenly   got   dropped   from  the  picture  and

 

PUBLIC COMMENT  -  THELMA ROPER (CONTINUED)

decisions have been made.  She stated it bothers her because there was no communication with the Committee that it was being disbanded and combined with another committee; she was never notified; and it is sad since the community is paying for this, not certain special interests.

Walter Pine stated the Committee was not doing what some particular politicians wanted done, so it was just dumped; certain County people decided they wanted it different than what the community wanted, so they quit listening; this has been one of the biggest gripes that has happened with many of the issues and many of the Ordinances and things that have been passed, such as SEAS; and people came in and overwhelmingly opposed the Ordinance and a number of County actions.  He noted it is obvious that there are very strong interests that control the County, and it is not necessarily the voice of the people; and that is very important.  He advised about two weeks ago he went to Commissioner Scarborough’s office and asked for an appointment to meet with him in regard to insurance and taxes; he was given an appointment the following Tuesday at 1:00 p.m.; the Friday before that he was called and told that Commissioner Scarborough could not meet with him because he inherently has a lawsuit against the County over his property; and the County Attorney had recommended that Commissioner Scarborough not meet with him because of a lawsuit, so he was denied access to his political representative because he chose to challenge and protect his Constitutional rights.  Mr. Pine stated it is wrong; the issue had nothing to do with what was in court; he runs The Center for Civil Rights Advocacy and everybody here knows it; and the County is cutting him off from representing the public that desires to be represented purely because it chooses to.  He noted a lawsuit over one issue should not mean that an individual no longer can speak to his elected representative; it is a Constitutional right; it is Article I, Section 5 of the Florida Constitution that entitles the citizens of the State of Florida to instruct their elected officials; and he would like a copy of the Opinion that says that because he files a lawsuit against the County he cannot speak to his elected representative.  He inquired if the Board agrees with such actions; stated it is a policy that directly cuts off the citizens from access to the County if they choose to protect their Constitutional rights in one area; it cuts them off from all areas; and it is very important and is a policy that should not be set and should not be allowed to be established within the County, either by inadvertence or intention.

 

County Attorney Scott Knox advised the suit is against the County and also against Commissioner Scarborough individually; when he counseled Commissioner Scarborough it was not to speak with Mr. Pine until the insurance company attorney has taken over the case and had a chance to talk to Commissioner Scarborough; and that is basically the nub of the opinion.

 

Commissioner Scarborough stated as a matter of information, he has also been instructed by the County Attorney’s Office, because of another lawsuit, not to speak with Curt Lorenc; and the Board did get an opinion from Attorney Knox.  He stated concerning the community center, the County was very fortunate with the Chain of Lakes and the Holloway property tied up under option; when the passage of the referendum in 2000 occurred, the County was able to purchase; it had also identified a parcel of land north of Pinewood School and it was going to just purchase; there was not money in the referendum to build, but the problem was that when the  referendum  passed  the person with the property basically held the County at bay; and the

 

PUBLIC COMMENT  -  WALTER PINE (CONTINUED)

 

County had a committee on the community center, but because of lack of funding and an incapacity to move forward, it sat sort of in abeyance.  He advised in 2006 with the passage of the Referendum and the bonding coming through, there are additional monies; not only could the County acquire property, but it could build; it became substantially a larger issue; and as the library issue evolved, the County was told it could save in excess of $1 million by co-locating.  He stated a meeting was held in December 2006 and the entire community was invited; it is hard for him to believe that the people who were involved were not given invitations; a meeting was held in January 2007 after the County was told unanimously that it should look at a co-location because of those things, with a further discussion of the parameters; Assistant County Manager Don Lusk, Library Services Director Cathy Schweinsberg, Utility Services Director Richard Martens, and other County staff were present; and there were a number of different presentations.  Commissioner Scarborough stated the County has taken each of the sites, determined the cost of extending utilities to the sites, and the viability of a site as to whether it is wetlands or not; that data is being compiled now and will go back to the community again with an analysis of where they would like to locate; and to the contrary, the desire has not been to exclude, but to include as big and as comprehensive group as possible; but in the future, the County will go back to all the committees and make sure they all get a notice.  He noted he will keep the Board posted as to how that proceeds.

 

Chairperson Colon called for the public hearing to consider withdrawal of request to vacate public utility easement in Aurora Road Griffe’s Subdivision, No. 2, as petitioned by Frazier Engineering (Jeffrey Burger).

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to withdraw the request to vacate the public utility easement that runs through Lots 18, 19, and 20 in Griffe’s Subdivision, No. 2.  Motion carried and ordered unanimously.

 

 

Chairperson Colon called for the public hearing to consider a resolution vacating public utility and drainage easements in Canaveral Groves Subdivision, Unit One, as petitioned by Shelley K. McKenzie.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution vacating public drainage and utility easements in Canaveral Groves Subdivision, Unit One, as petitioned by Shelley K. McKenzie.  Motion carried and ordered unanimously.  (See page                     for Resolution No. 07-049.)

 

 

Chairperson Colon called for the public hearing to consider a resolution approving the First Quarter Supplemental Budget for FY 2006-2007.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution approving a budget supplement and amendment for the Fiscal Year ending September 30, 2007, pursuant to Chapter 129, Florida Statutes, authorizing the Board of County Commissioners to approve a budget supplement and amendment for the Fiscal Year ending September 30, 2007, and providing an effective date.  Motion carried and ordered unanimously.  (See page                     for Resolution No. 07-050.)

 

 

Chairperson Colon called for the public hearing to consider approval of revisions to Chapter 82, Personnel, Merit System Policy IX, Leave.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the revisions to Chapter 82, Personnel, Merit System Policy IX, Leave, Section II.E., Donations to Sick Leave, modifying the existing sick leave donation policy to provide a 50% pro-rate credit for all sick leave hours donated.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon called for the public hearing to consider an ordinance amending Code of Ordinances by replacing terminology “Occupational License” with terminology “Business Tax Receipt” and replacing terminology “Occupational License Tax” with terminology “Business Tax.”

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, amending the Code of Ordinances by replacing the terminology “Occupational License” with the terminology “Business Tax Receipt” and replacing the terminology “Occupational License Tax” with the terminology “Business Tax”; specifically amending Chapter 10, Amusements and Entertainments; amending Chapter 10, Article II, Division 2, Section 10-52, Occupational License Required; amending Chapter 10, Article III, Section 10-128(b), License Fee; amending Chapter 22, Article VI, Division 1, Section 22-477, Definitions, specifically amending the definition of Specialty Contractor; amending Chapter 22, Article VI, Division 3, Section 22-524(a)(4), Conditions for Issuance; amending Chapter 22, Article VI, Division 3, Section 22-529(d), Classes of Certificates of Competency; amending Chapter 22, Article VI, Division 4, Section 22-556, Definitions, specifically amending the definition  of  Licensed;  amending  Chapter  22,  Article  VI,  Division  4,  Section 22-558(c)(11),

 

 

 

Violations; amending Chapter 22, Article VI, Division 4, Section 22-565(11), Schedule of Civil Penalties; amending Chapter 22, Article VI, Division 4, Section 22-567, Grandfathering; amending Chapter 46, Article II, Division 2, Sections 46-66(b),(c),(d),(e),(f),(h),(i),(j) and (k), Onsite Sewage Disposal Systems in Commercial, Manufacturing and Industrial Areas; amending Chapter 62, Article VI, Division 2, Subdivision 1, Sections 62-1155(a),(b)(2), and (b)(5), Zoning Approval for Occupational License, Approval of Home Occupations; amending Chapter 62, Article VI, Division 2, Subdivision 1, Section 62-1157, Cross Reference to Submission of Binding Development Plan in Support of Request for Change of Zoning or Conditional Use Permit; amending Chapter 62, Article VI, Division 2, Subdivision II, Section 62-1191(a), Amortization of Pre-existing Resort Dwellings; amending Chapter 62, Article VI, Division 5, Subdivision II, Section 62-1837.5(b)(1), Self Storage Mini-Warehouse; amending Chapter 62, Article VI, Division 5, Sections 62-1841.5.5.2.b. and 62-1841.5.5.2.f, Resort Dwellings; amending Chapter 62, Article VI, Division 5, Subdivision III, Section 62-1912(5), Bed and Breakfast Inns and Boardinghouses; amending Chapter 62, Article VI, Division 5, Subdivision III, Sections 62-1945(2)b and (2)f, Resort Dwellings; amending Chapter 62, Article VI, Division 6, Subdivision I, Section 62-2111(5), Garage Sales; amending Chapter 62, Article VI, Division 6, Subdivision I, Section 62-2117.5(2)a.1, Temporary Storage Units; amending Chapter 62, Article VII, Division 2, Section 62-2809(a)(2), Construction Permits; amending Chapter 62, Article VIII, Section 62-3206(d)(2)r, Traffic Parking and Loading Requirements; amending Chapter 62, Article VIII, Sections 62-3208(2), (5), (6), Upgrade of Developed Sites for a Change of Use; amending Chapter 62, Article IX, Section 62-3319, Table 1 Legend, Waivers and Appeals; amending Chapter 62, Article XV, Division 1, Section 62-4901.5, Findings of Fact; amending Chapter 62, Article XV, Division 1, Section 62-4902, Definitions; amending Chapter 62, Article XV, Division 2, Section 62-4951(c), Required, Classifications; Regulations; amending Chapter 62, Article XV, Division 2, Section 62-4952(c), Disqualification; amending Chapter 62, Article XV, Division 2, Section 62-4957(b), Fee; amending Chapter 62, Article XV, Division 3 Section 62-4991(a)(3), Records and Inspection of Records; amending Chapter 62, Article XV, Division 8, Section 62-5142(g), Working Without Occupational License; amending Chapter 62, Article XVI, Division 1, Section 62-6101(11), Findings of Facts; amending Chapter 62, Article XVI, Division 1, Section 62-6102, Definitions, specifically amending the definitions of Adult Establishment Commercial or Pecuniary Gain, and Department; amending Chapter 62, Article XVI, Division 2, Section 62-6136(b), Annual License Fee; amending Chapter 62, Article XVI, Division 4, Section 62-6181(12), General Requirements for All Commercial Physical Contact Parlor; amending Chapter 62, Article XVI, Division 4, Section 62-6182(a)(3), Records and Inspections of Records; amending Chapter 62, Article XVI, Division 5, Section 62-6209(b), Failure to Maintain Required Records and Licenses; amending Chapter 74, Article III, Section 74-51(1)c, Acknowledgment of Exemption; amending Chapter 86 Roads and Bridges; amending Chapter 86, Article IV, Section 86-140, Occupational Tax Required; amending Chapter 94, Article V, Section 94-289, Notifying Generators; amending Chapter 94, Article V, Section 94-292(b), (c) and (d), Fees; amending Chapter 102, Taxation; amending Chapter 102, Article II, Division 1, Section 102-26, Definitions, specifically amending the definition of Local Occupational License; amending Chapter 102, Article II, Division 1, Section 102-28, Authority to Levy; amending Chapter 102, Article II, Division 1, Section 102-29, State Law Exemptions Apply;  amending  Chapter  102,  Article  II,  Division  2,  Section 102-41, Administration by Tax

 

Collector; amending Chapter 102, Article II, Division 2, Section 102-43, Refunds; amending Chapter 102, Article II, Division 2, Section 102-44, Occupational License Required; Regulatory Fees Additional; amending Chapter 102, Article II, Division 2, Section 102-46, Written Application, Required Statement; amending Chapter 102, Article II, Division 2, Section 102-47(b) and (c), Term of License, Delinquent Penalties; amending Chapter 102, Article II, Division 2, Section 102-49, Other Required Licenses or Certificates or Fictitious Name Registration Prerequisite; amending Chapter 102, Article II, Division 2, Section 102-50, Zoning Use Permit; amending Chapter 102, Article II, Division 2, Section 102-51(a), Temporary Licenses; amending Chapter 102, Article II, Division 2, Section 102-52(a), Display of License; amending Chapter 102, Article II, Division 3, Section 102-66(b), Occupational License Tax Classifications Subject to Tax and Tax Rates Applied to Each Classification; amending Chapter 102, Article II, Division 3, Sections 102-70(b) and (c), Hotels, Motels, Public Lodging; amending Chapter 102, Article II, Division 2, Sections 102-72(d) and (e), Circuses, Traveling Shows, Tent Shows, etc. Side Shows; amending Chapter 102, Article II, Division 3, Section 102-73(c), Cafes, Restaurants, and Other Eating Establishments, Food Service, Food Concessions, and Mobile Food Carts; amending Chapter 102, Article II, Division 3, Section 102-74(b), Contractors and Construction Trades; amending Chapter 102, Article II, Division 3, Section 102-76(b), Astrologers, Fortunetellers, Psychics, Clairvoyants, etc.; amending Chapter 102, Article II, Division 3, Section 102-83(b), Pawnbrokers; amending Chapter 102, Article II, Division 3, Section 102-85(c), Individual Professions, Professional Offices; amending Chapter 118, Vehicles for Hire: amending Chapter 118, Section 118-7, Occupational License, amending Chapter 201, Section 201-1, List; providing for conflicting provisions; providing for severability; providing for effective date and providing for inclusion in Code.  Motion carried and ordered unanimously.  (See page

                       for Ordinance No. 07-03.)

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to waive Section III (G) of Policy BCC-24, to allow staff to proceed with negotiations for contract purchases necessary for the St. Johns Heritage Parkway Project.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to award Bid #B-4-07-15 to Stately Contractors, Inc.; and grant approval for the Chairperson to execute Construction Contract for the South Beaches 24” HDPE Force Main Replacement, at a total price of $9,198,784.  Motion carried and ordered unanimously.  (See page                    for Contract.)

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize the disbursement of educational facilities impact fees in the amount of $11,105,207.00 to the School Board of Brevard County in accordance with the terms of the Interlocal Agreement.  Motion carried and ordered unanimously.

 

 

The meeting recessed at 10:37 a.m. and reconvened at 10:50 a.m.

Chairperson Colon called for the public hearing to consider an ordinance for Affordable/Workforce Housing Incentives.

 

Housing and Human Services Assistant Director Chenita Joiner stated in May 2006, the Board tasked staff with creating an Affordable Housing Task Force for the purpose of reviewing current policies and identifying solutions that supported affordable housing in the unincorporated areas of Brevard County; staff worked diligently with putting together such Task Force, who established, reviewed, and discussed current policies and regulations, not only from Brevard County, but from other similar Counties; the proposed ordinance was presented to the Brevard County Affordable Housing Council, Brevard County Local Planning Agency, and Brevard County Building and Construction Advisory Committee; and after reviewing and making comments, and receiving comments from all three of those boards, they approved such ordinance and moved to have it go forward to the Board.  She advised today is the first of two public hearings that is being held for the purpose of receiving public comment; staff has provided the Board with a copy of the proposed ordinance that has been modified based on the comments received to date from the different advisory groups; the proposed ordinance includes clear definitions for affordable housing and workforce housing; it outlines incentives that can be used to promote the production of affordable housing; it encourages the creation of partnerships; and is in line with current Land Development Regulations.  Ms. Joiner stated staff met with the Board over the past week and other individual groups; it has received additional comments and scenarios; she intends to take the comments and scenarios back to the Task Force to consider as the County moves forward with finalizing the ordinance.

 

John Russo, representing Brevard Federation of Teachers, stated housing is definitely an issue in Brevard County; and read aloud and provided copies of a Resolution from the Brevard Federation of Teachers Executive Board supporting the Workforce Development Board’s Affordable Housing Task Force tool kit for affordable housing for teachers, firefighters, police, and nurses, and requesting the Board of County Commissioners to make a commitment to the men and women who serve the community in the critical areas of safety, health, and education, and to provide for affordable housing by supporting the Workforce Development Board’s Affordable Housing Task Force tool kit.  Mr. Russo requested the County Commission support the ordinance.

 

 

 

Muriel Varieur, President of Lamplighter Village Homeowners Association Phases 4 and 5, and Chair of the FMO District 9 Section 5 Ordinance Committee, which represents 136 developments and 16,413 homes within Brevard County, stated the needs for those living in manufactured homes needs to be addressed in the proposed ordinance under F.S. 723 on resident-owned or leased land, yet only stick-built units are being considered today; and inquired does the ordinance before the Board serve the population who reside in manufactured housing.  She noted residents who meet the affordable housing criteria and reside in manufactured homes under F.S. 723 on resident-owned or leased land must be clearly included in today’s ordinance; income guidelines for two persons is under $22,900; the County must do stock replacement on-site from a ratio of 1:1; and it should be etched in stone today.  She advised the Housing and Human Services Director’s recommendations need to be seriously taken and adhered to whenever possible by the Board prior to its vote; the ordinance will open the door to address the issues plaguing the County; subsidized housing programs are coming to an end; and to meet the needs of resurrecting 6,000 units that are needed in Brevard County, one must consider expanding the program to include workforce and affordable housing communities within the County, and land trusts should be a strong consideration.  Ms. Varieur stated besides stick-built homes, one can purchase a HUD-approved manufactured home far less than the allowed $204,432 SHIP Program amount for the workforce housing; the Committee respectfully requests the Board include clear language that those who live under the F.S. 723 on resident-owned or leased land be included; the Brevard County manufactured housing stock must be preserved so that it too may serve the workforce and affordable housing individuals, and can only do so by having its own ordinance and enforcement; and requested the Board’s assistance in directing the affordable housing team to review Pinellas County’s Ordinance to begin the process of creating a new ordinance to protect existing manufactured housing stock in Brevard County.

 

Franck Kaiser, representing the Homebuilders and Contractors Association, advised of the Association’s support of the proposed ordinance; and urged the Board to support the affordable/workforce housing ordinance.  He stated the Association is very excited about this first step in the right direction; there are many ingredients that need to come together to make workforce housing work; it is being addressed in different arenas; and the tax reform and insurance reform issues are being addressed in Tallahassee.  He commended Sam Dettra and his staff on fashioning the proposed ordinance; the Association is very satisfied that this is a great start; and Brevard County can get going in the right direction and develop some housing that will address the workforce needs. 

 

Lisa Rice, representing Brevard Workforce Development Board, stated such Board worked very diligently to provide the County Commission with some solutions; the ordinance includes a mix of things, from mixed use development to density bonuses, streamlining of permitting and the review process to infill construction, and establishment of a land trust; County staff has gone above and beyond; and it has done a great job of crafting the ordinance as a place for everyone to start making some difference with workforce housing.  She noted the ordinance embodies the spirit of smart growth principles, in particular, around the housing principle; it begins to address the creative need and creative solutions; the Brevard Workforce Housing Task Force is supportive of the proposed ordinance; and requested the Board support it.

 

 

Malcolm McLouth, representing the East Central Florida Regional Planning Council, advised he strongly supports the ordinance; there are going to be issues that will come before the Board that the staff will bring on affordable housing that relate to the zoning issues; that is where the rubber meets the road because there will be pressure to not have affordable housing in certain areas; and it is primarily because they do not understand that affordable housing with good design can be a very good neighbor.  He urged the Board to support the ordinance.

 

William Ferrell, representing Ferrell Ranch, stated it is critical for Brevard County because it is the Space Coast; it is Silicon Valley of the southeast; it is still an important high-tech community; and it needs all levels of employment and affordability, and especially a viable workforce.  He noted the ordinance is a good first step; Brevard County needs to retain its workers; and it is something the County needs to consider.

 

Steve Dworkin, representing New Urban Group, LLC, stated he is a developer based in Boca Raton planning a mixed use smart growth project in Brevard County; it happens to be on Mr. Ferrell’s property; they are embracing the inclusion of the workforce and affordable housing in the development; and his Company has been communicating with the Task Force and Lisa Rice, and providing comments with respect to the proposed ordinance.  He noted the Company would like to see the ordinance configured in a more inclusive way, such that the income limits provided as a definition for an affordable person and for a workforce person be expanded to be more inclusive and to include slightly higher incomes as a percentage of the area median income; it is necessary because of the cost of construction, development, and land; the density bonuses need to be increased; and suggested for affordable housing the density bonuses be increased to 30% and the density bonuses for workforce housing be increased to 20%.  Mr. Dworkin stated the Company is also proposing that the insurance cost that is provided in the definition of affordable and workforce be deleted because no one really knows at this point where the insurance market within the State is going to go; and requested Brevard County encourage other local governments and municipalities to also adopt this voluntary ordinance.

 

Chairperson Colon expressed appreciation to everyone for their efforts and feedback.

 

Housing and Human Services Director Gay Williams advised today is the first of two public hearings; staff is listening to the suggestions and feedback; and it will bring some improvements that could enlighten the ordinance back to the Board on April 5, 2007.

 

Commissioner Nelson advised the Committees have done a tremendous job of putting together the starting point for this; now the devil is going to be into detail; he has been challenging the staff to show him examples of where and how this can work; Merritt Island and West Cocoa will be recipient probably of a lot of infill in particular; and that is a concern.  He stated nobody seemed to have done the Save Our Homes boom model when they thought it up a few years ago; now the County finds itself looking at the issue of how to deal with the tax situation based on a great idea ten years ago and now it is struggling to figure out how it is going to lower taxes and deal with all of those issues because they did not run out the scenarios; and between now and the next public hearing one of the things he would like to do is to start running out those kinds of models and examples so that he can feel comfortable.

 

 

Commissioner Nelson stated he is concerned about how does the County get to the end and not have overdevelopment and create additional density that it then has to explain because the road systems in some cases are inadequate; the idea as families grow is that they get into affordable housing, they build up some equity, and they move on; with affordable housing with some of the criteria the County is putting on individuals, it is going to lock them into some pricing considerations because it wants to keep it affordable for a period of time; and when someone sells the house and moves out, he or she is trying to get equity out of it.  He noted so now a new value has been created; inquired how does the County go back and create that as affordable; stated he would like staff to review what causes it to continue to be affordable and what mechanisms; he has a bit of concern about who monitors that in a private setting that it continues to be affordable; and the County is going to give approvals, but there is no contract with anyone that says they will stay that way at this point in time, except on lands it is actually potentially setting up as trusts.  Commissioner Nelson stated the ordinance is a great start, but there are a lot of questions and scenarios; he would hate to find the County in the same position it finds itself with Save Our Homes, which is a broken system; it does not know how to fix it and how to get out of it; he supports affordable/workforce housing; and the County needs to talk to its citizens about how to do this and make sure they are comfortable with it.

 

Discussion ensued concerning General Fund impact in the future, Hurricane Housing Replacement Program, implementation of the Ordinance, design principles, workforce housing, design guidelines, loss of affordable housing, Bert Harris Act, accessory dwelling units, and density increases.

 

Chairperson Colon stated when people hear affordable housing it scares them; they think it is going to be the projects; however, affordable housing is homes of $180,000; the County wants to make sure the folks at home are not misunderstanding what is going on here today; and encouraged anyone in the community who has any concerns to call the County and Commission Offices.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to conduct the first of two public hearings on the ordinance that proposes to amend the Brevard County Land Development Regulations to facilitate the development of affordable/workforce housing in unincorporated Brevard County, with the second public hearing to be held on April 5, 2007 at 5:00 p.m.  Motion carried and ordered unanimously.

 

 

The meeting recessed at 11:44 a.m. and reconvened at 1:03 p.m.

Commissioner Scarborough advised the State is buying the trail; the County hopes it gets federal  dollars  to  put  the  trail  in; the trail head is fully funded with federal dollars; the location

 

 

 

 

where the purchase occurs is more than bringing in safe traffic to the Chain of Lakes; and it is the key to getting the federal funds to making the trail system work.  He stated that is why he needed to let everybody know why there was an editorial in the newspaper recommending the purchase of this property by the Board.

 

The Board applauded Transportation Planning Director Bob Kamm and Bicycle/Pedestrian Coordinator Barbara Meyer for their efforts on the project.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase, and Addendum with Champion and Nellie S. Waring, owners of a parcel

of land lying east of U.S. 1, south of Jay Jay Road, for the Chain of Lakes Park Project.  Motion carried and ordered unanimously.  (See page                     for Contract for Sale and Purchase.)

 

 

Commissioner Nelson recommended the item be approved, contingent upon Blessed Assurance Apostolic Temple, Inc. transferring title to RPH Enterprises, LLC.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to grant the Blessed Assurance Apostolic Temple, Inc.’s request of settlement in Case No. 05-2006-CA-009634-XXXX-XX, Option 1, proceeds of the sale will be used to pay off the mortgage holder, Third World Missions, Inc., contingent that Blessed Assurance Apostolic Temple, Inc. transfer title to RPH Enterprises, LLC.  Motion carried and ordered unanimously.

 

Motion by Commissioner Nelson, seconded by Commissioner Colon, to approve ranking two appropriations requests in priority order for submission to the federal government, with beach renourishment as the first priority and the Space Coast Regional Emergency Operations Center as the second priority.

 

 

Commissioner Voltz stated the Space Coast Regional Emergency Operations Center (EOC) is extremely important for Brevard County; $500,000 for a project is probably going to be very minimal as compared to the possibility of getting that for the County; she definitely supports the Mid Reach; and reiterated the EOC is an extremely important part of Brevard County.

 

Chairperson Colon advised the EOC is important; but the key word is prioritizing, which is being requested by the federal government; and that is what the Board is doing.

 

Chairperson Colon called for a vote on the motion.  Motion carried and ordered; Commissioners Scarborough and Voltz voted nay.

 

 

          MELBOURNE, AND TOWNS OF PALM SHORES, MELBOURNE VILLAGE, AND

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution authorizing the use of the uniform ad valorem method of collecting a non-ad valorem special assessment for fire services in the City of West Melbourne, Town of Palm Shores, Town of Melbourne Village, and the Town of Grant-Valkaria; and authorize staff to open and make such changes to the ordinance and/or rate resolution as may be necessary, with final approval by the Board.  Motion carried and ordered unanimously.  (See page                    for Resolution No. 07-051.)

 

 

Curt Lorenc stated he has a situation where Brevard County is refusing to take money from him; he is trying to pay off a lien; and what he is looking for is full satisfaction of all liens that Brevard County has on his property.  He advised he met with Code Enforcement Manager Bobby Bowen; Mr. Bowen indicated he had to see Assistant County Attorney Terri Jones and County Attorney Scott Knox; both individuals refused to see him; and Mr. Bowen told him he should bring the issue before the Board.  He stated he has the actual lien, which is marked Document 1; the Order for the lien is clearly for $1,520.92; there is no interest that is assessed; Document 2 is a letter from Assistant County Attorney Terri Jones; and she is assessing interest.  He stated even if he pays the interest, Ms. Jones is only going to give him partial satisfaction of lien, not full satisfaction; the issue she mentions as far as attorney’s fees has been resolved; and the County lost on that issue.  Mr. Lorenc advised Document 3 is a letter from his former attorney explaining why the County does not have any legal right for interest; Document 4 is the Florida Statutes, 162.09; these are the Statutes that govern code enforcement; and the only situation where the County can collect interest under these Statutes is for a foreclosure or a money judgment, and Brevard County has neither.  He stated the County has no authority to amend the State Statutes; Document 5 is the County Code in the 2002 timeframe; this would be the Code that would apply to that timeframe; and there is no mention of interest at all.  He advised what he is looking to accomplish is he has a check, certified funds for $1,520.92; he is looking for something from the Board for full satisfaction of all his Code Enforcement liens or any lien it has on his property; and there is really only one Code Enforcement issue.

 

Janis Walters stated in all the years that she and Mr. Lorenc have been coming to talk to the Board, this is the first time he has come to the Board for something for himself; understandably he is a little rattled; normally he is speaking on behalf of his community; and since mid-December, Mr. Lorenc has been trying to pay off the County’s Code Enforcement lien and get clear title to his property.  She noted thus far the County’s proposal is to collect the amount of the lien plus interest and still only grant a partial satisfaction of the lien; Mr. Lorenc has questioned the County’s ability to collect interest without due process of law; but at the same time he has also been asking what amount of money would induce the County to issue full satisfaction of the lien; and the County has recorded three separate encumbrances on Mr. Lorenc’s property for the same amount of money.  She stated there is the original Order of the Special  Magistrate’s  Assessing  Costs, and  two  separate  filings  of  a  single  Order Imposing

 

 

Administrative Costs as a Lien; County staff has made no response to Mr. Lorenc on the question of how much; others apparently had been informed of the amount of interest that the Assistant County Attorney wants to assess; but Mr. Lorenc was not given this information.  Ms. Walters advised contrary to what Mr. Bowen wrote to the Board in his memo, the last time Mr. Lorenc tried to pay off the liens on February 8, 2007, no one in Code Enforcement would tell Mr. Lorenc how much interest the County wanted; and no one has ever offered Mr. Lorenc anything more than partial satisfaction of the liens regardless of the amount of money paid.  She stated Mr. Bowen sent Mr. Lorenc to the County Attorney’s Office to get satisfaction, but none of the Attorney’s would speak to him, saying that he is represented by Counsel, they are not going to talk to him, and will only talk to Counsel; but the County Attorney’s Office has been informed by both Mr. Lorenc and his former Attorney that as of February 7, 2007, Mr. Lorenc is acting in his own behalf in the matter of the liens; and still Ms. Jones and Mr. Bowen persist in communicating only with the Attorney, and they have not even provided the amount due to the Attorney.  Ms. Walters stated since staff will not listen and respond appropriately, she and Mr. Lorenc are here today in front of the Governing Body on the Public Record to get this resolved once and for all; just name the amount of money the County requires for full satisfaction of all encumbrances on Mr. Lorenc’s property today and authorize issuance of full and complete satisfaction of every one of those encumbrances today; and this will all be finished.

 

Commissioner Voltz inquired how much County time has been spent on this issue and over how many years.

 

Assistant County Attorney Terri Jones responded she could not count how much time has been spent on this issue; this started back in 2001; Mr. Lorenc did not agree with the County at that time that he could not put his garbage in front of his neighbor’s yard instead of his own; so he was wrong about that Code.  She advised the Special Master found Mr. Lorenc in violation; he appealed that; and his appeal was dismissed.  She stated Mr. Lorenc said he did not have to pay the principle amount of the $1,500.00 and it was imposed as a lien; he appealed that to the Circuit Court, which affirmed it 3 to 0; and Mr. Lorenc appealed that to the Fifth District Court of Appeals, which they denied cert.  She advised Mr. Lorenc has been wrong about having to pay this money all along; he says he does not have to pay it and he was not in violation, but he was; and he does have to pay it.  She stated as far as the interest, she gave a letter to Mr. Lorenc’s Attorney; she told him what the interest was; and it is accruing at 25 cents per day because it is simple interest at 6%, which is the amount of interest the court sets for the year that the lien was first recorded; and the amount was provided to Mr. Lorenc.  She noted the County can give Mr. Lorenc an updated amount if he chooses to pay the entire one today; give him a full satisfaction; and he was offered a partial satisfaction because he did not want to pay the entire amount, which would have been the interest.

 

Commissioner Voltz stated the Board can give Mr. Lorenc a full satisfaction of his lien with the interest of $309.77; it has been almost six years of a lot of time on the County’s part; $300.00 interest is just the minimal amount of money; and that is the least the County could expect Mr. Lorenc to pay.

 

Chairperson Colon inquired is this unusual or is this how everyone is treated; and what is different about this particular one. Attorney Jones responded there is nothing different about this.

 

 

 

Chairperson Colon stated what has to be fair is how Brevard County has treated all of its residents; that is the dilemma; if the County has done that to all of its residents as far as charging them interest then therefore there is no exception in this one; and this is how it has treated everyone and there has not been a difference.  She noted she has not heard anything that would compel her to say the Board should waive this.

 

Code Enforcement Manager Bobby Bowen stated to put everything in perspective, the County Library System charges individuals 20 cents per day for an overdue book; Mr. Lorenc’s rate of interest was 25 cents per day; this is on a case that has gone back many, many years; and he believes it is appropriate to charge him the interest.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve issuing full Satisfaction of Lien related to Code Enforcement Case #01-3613, Curt Lorenc, subject to Mr. Lorenc paying the full amount of $1,830.69 within 10 days, which includes $309.77 in interest charges; the County not accrue any interest for the next 10 days; and if such payment is not made within 10 days, the interest continue to accrue after that time at 25 cents per day.  Motion carried and ordered; Commissioners Nelson and Bolin voted nay.

 

 

Mary Hillberg stated as a native and a lifelong resident of Brevard County, she has seen a lot of changes in the County; Brevard County is slowly moving from an agricultural, economic engine to a developmental model of economy; without very careful balances and really acute environmental awareness, and preservation of very limited resources there are, such an economy really cannot sustain itself because it is self-consuming; and if the County is going to be an economy built on development, it can develop until it cannot develop anymore, then it must stop, and its economy drops.  She noted an example of such a failure is Orlando; generating MyRegion is a group that feels that things should be spread in a different way; this Organization developed the How Shall We Grow? Program; this campaign is convincing the neighboring counties that this governmental and leadership failure is inevitable for everyone, and their only hope is to join this group in massive overpopulation and congested traffic with increased violent crimes and a reduction in quality of schools; and they insist that their vision is the only vision that is viable, but Brevard County knows better.  Ms. Hillberg stated the assumption that the elected officials of Brevard County are helpless to proactively create a safer, healthier, and sustainable economic model for its citizens is the foundation basically of this movement; Brevard County’s citizens know better than that too and knows the Board is a bright group that thinks farther ahead than that; the concept of overpopulation is contrary to all intelligent and common sense thinking; it is counterproductive to all living creatures; and in addition to the obvious consequences of overpopulation in the western areas of Brevard County, according to the Organization’s maps, it is also promoting the unsound and unsafe heavily density coastal areas.  She inquired how can Brevard County move to a sustainable model of economy; stated it can start with simply avoiding overpopulation; doing so until it can move  ahead  is  the  primary  thing  to  do; it  can  be  done  with appropriate zoning; it can also

 

 

 

 

protect rivers, wetlands, lakes, and oceans from pollution; and it can combine diverse, sustainable, economic engines.

 

Maureen Rupe inquired How Shall We Grow?; stated if it was the people’s decision she always felt it should have said How Should We Grow?, and address what people could do to keep growth to sustainability; she attended the workshops; and she is very worried and concerned.  She noted the seven-counties population is approximately now 4 million; 7,500 voted on the process they thought best; there was no real choice on that; and the on-line voting was flawed and invalid.  She stated the County would not allow this at the polls; she would like to see a strategic plan in Brevard County with cooperation with the cities and voted on by the public because this project will not bring sustainability no matter how the Organization plans; Brevard County is at a critical point now in terms of its basic qualities of life; and the oceans are polluted with sewage, the Indian River Lagoon is being polluted with stormwater runoff from pesticides from homes, seagrass and marine life are sick and dying, and roads are at gridlock.  Ms. Rupe stated Central Florida’s underground water supplies will soon reach their limit; every piece of land that is concreted over is destroying water resources; and inquired how can she trust a program that is not helping Brevard County in its ongoing fight for quality of life.  She advised How Shall We Grow? is planning for 7 million more residents in Central Florida; Florida does not have the natural resources and never will without the destruction of the environment; she does not want to be Orlando east and a lot of other people do not either; and she would like to see some model, some strategic plan come from the Board.

 

Michael Myjak, representing Save Brevard, stated he also participated in all of the meetings with MyRegion; it kept asking the question How Shall We Grow?, but that was really a strategic question on its part because it did not want to discuss that question; it just wanted to discuss the answers; and the appearance of addressing the right question is what he is questioning now, and the County needs to question MyRegion’s question.  He stated he asked why not ask How Should We Grow?, but he was put down; he was not allowed to discuss that issue in the first two meetings; he has asked it in every meeting that he went to thereafter, and even offered a solution as to why; and inquired is Brevard County ready for two million people.  He inquired what happens for the next 100 years after that when Brevard County takes another four million people; stated it is an exponential issue and a question of how much resources, how much land, and how much water does Brevard County have to be able to distribute amongst the people it is going to contain; instead of asking How Should We Grow?, MyRegion’s answer was We Are Going to Grow?; and he wanted to know How Well We Were Going to Grow?  Mr. Myjak stated he wants to know how is Brevard County going to grow and maintain its quality of life; Commissioner Voltz wants to hold the budget line and does not want to increase the cost of County services; if the County increases the number of people and keeps the services constant, the quality of service per person diminishes; and that is not sustainable.  He inquired when does this growth monster stop; at some point, the County needs to start looking at the economic impacts of it; housing is going to continue to rise as long as there are people moving into the area; and Brevard County needs to figure out how it is going to grow and How Should Brevard Grow? and what should its future look like.

 

 

 

Kathy Scheetz stated the economic model that should be thought about would be a solution; there was no room in MyRegion’s format for her and others to object; it was a true dog and pony show; and MyRegion had a specifically derived input that individuals had to give them, and such input had to be very specific to MyRegion’s needs.  She advised there was no public comment; she realized the only way to object was to not participate; and referenced the Development Preference Map of 2050.  She stated she has a lot of hesitation; she hopes the Board looks with a little bit of hesitation as to what MyRegion has done by not asking for input; it has asked a lot of questions; but key questions have not been answered.  She stated she hopes the Board can be proactive and come up with its own economic development plan.

 

Commissioner Voltz stated she would like to propose scheduling a workshop to have presentations by MyRegion and the East Central Florida Regional Planning Council, and talk about MyRegion and what is actually happening.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve scheduling a workshop on April 26, 2007 for presentations by MyRegion and the East Central Florida Regional Planning Council.  Motion carried and ordered unanimously.

 

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 2:26 p.m.

 

 

 

 

 

                                                                         __________________________________

                                                                         JACKIE COLON, CHAIRPERSON

                                                                         BOARD OF COUNTY COMMISSIONERS

                                                                         BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

 

 

          (S E A L)