MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

August 5, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 5, 2008 at 9:05 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Chuck Nelson, Helen Voltz, Mary Bolin, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

The Invocation was given by Pastor Donnie Legg, First Baptist Church of Aurantia, Mims, Florida.

 

Commissioner Chuck Nelson led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the May 20, 2008 Regular Meeting Minutes.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated that Karen Holley is a dispatcher with Brevard County Fire Rescue Department; due to Karen’s professionalism and calm demeanor she was able to successfully provide a caller with CPR pre-arrival instructions to help a two year old drowning victim on May 25, 2008; and due to these efforts, and the fact that CPR was started when it was, Brevard County Fire Rescue paramedics were successful in resuscitating the near drowning victim and transported him to the hospital.  She advised that Karen has been with the Department for eight and one-half years and is the only dispatcher that is a certified paramedic; the County is fortunate to have Karen as an employee; and a little boy has been given a second chance at life due to Karen’s knowledge of emergency procedures and the ability to control the emergency situation.  She stated on behalf of the Board of County Commissioners and the citizens of Brevard County, Karen Holley is to be commended and saluted.  She advised she will have Karen’s staff recognition framed and brought to her on Friday.

 

Chairman Scarborough stated the Board has the pleasure of having a new member of the Legislative Delegation being recognized; and requested Leigh Holt give the Board the sequence of the people who are going to discuss this item.

 

Legislative Coordinator Leigh Holt introduced Assistant Legislative Director of the Florida Association of Counties Eric Poole; and advised he will be making the presentation to Representative Sasso.

 

Eric Poole stated since he traveled to Brevard County for Mr. Sasso’s presentation, he wants to thank the Board for its participation and support of the Florida Association of Counties; it goes without saying the past couple of years have been very challenging for local governments and counties in particular, whether it is insurance reform, property tax reform, or growth management reform; they have a lot of challenges ahead of them; and together as an Association with the Board’s participation it has allowed all 67 counties to provide very useful information for the Legislature at a time when it is much needed.  He stated he wants to acknowledge Brevard County’s own Leigh Holt who is its Intergovernmental Relations person; she is in Tallahassee through the entire Legislative Session; she is in his office during Session every Tuesday morning at about 7:30 a.m. when the briefings are being done; she is not only an asset to Brevard County, she is an asset for the Association providing information and feedback on niche issues that he may not have a clear understanding on; and reiterated what a good job Leigh does for Brevard County and the Florida Association of Counties.

 

Mr. Poole stated it is his privilege to recognize one of Brevard County’s own, Representative Tony Sasso; each year the Florida Association of Counties recognizes certain members of the Legislature for its support of counties, whether supporting and sponsoring Legislation, sponsoring amendments, whether they are asking the tough questions before the Legislature, or whether they are simply voting their conscience; and this year Representative Sasso did a number of these.  He advised Representative Sasso is a member of an important environmental committee; this is a committee where a Bill was being heard that would have severely encroached upon County Home Rule Authority; it would have limited local land use authority; and in his opinion, would have been a front to local comprehensive planning.  He noted Representative Sasso not only voiced his concern and opposition to the Bill, but he sponsored amendments that would have mitigated the impact of the Bill but still allow the Legislation to move forward.  He stated in his opinion, this is something very rare for a freshman to do particularly when he is on a very powerful committee; a committee where the chairman of that committee has a Bill and that Bill is a priority of that chairperson; and he found it very refreshing to see.  He stated he is pleased to say the Legislation did not pass; perhaps the irony is that the Bill perhaps would not have been specific to Brevard County; and it may have not had any direct impact on Brevard County, but would have certainly had an impact Statewide on many other counties.  He stated as a matter of principal and in defense of local home rule authority, Representative Sasso took this type of action; he remembers sitting in the front row of the Committee as he introduced these amendments to the Bill; Representative Sasso and he had not met yet; but he made several statements to that Committee that said while he was campaigning voters told him what was important to them was protecting home rule and allowing local decisions to be made locally rather than in Tallahassee.  He stated each time Representative Sasso spoke, even if briefly, he has continued to reiterate this principal.  He stated for that action, and for also remaining accessible to the Florida Association of Counties during the final days of the Legislative Session, even the final hours of Legislative Session where he was able to pull him off of the House floor to discuss an important growth management Bill, he is pleased to present the Florida Association of Counties Freshman of the Year Award to Representative Anthony Sasso. 

 

Representative Anthony Sasso stated he wants to thank Eric and the Association of Counties for the award; he is deeply honored; he also wants to make sure the Board knows he does Legislative updates and has been doing them around this District and talking about lobbyists; everyone has a funny idea about lobbyists; but he started out doing what he is doing by being a community lobbyist.  He stated he sees people like Eric and Leigh as the most valuable resources in Tallahassee as community lobbyists; one of the things he talks about a lot is the process; many of the Commissioners have been to Tallahassee and they know it is sausage making at its worst sometimes; and especially in the last few weeks when they are getting Bills at 9:00 p.m. that are being voted on at 9:00 a.m. which are 80 pages thick, and there is about 40 of them is when Eric and Leigh really do their work.  He stated he will be talking to them at 9:00 p.m. asking if it is a preemption, or will they be coming to him letting him know he needs to be aware of something; it is a very good, effective relationship; and he thanked Leigh and Eric for their leadership in providing that to him as it is a crucial part of the process.  He stated one of the committees, Environment and Natural Resources Council that he was on, did a lot of issues; one of those issues was Florida Forever; they got Florida Forever through for another few years and funded; programs like EEL’s and others are enabled better through that Program; and he is pleased to see that. 

 

He noted the Board is deeply involved in the economic development with the Space Program, and with the leadership and common sense the Board has been providing, everyone can walk hand-in-hand, such as environmentalists, and economic developments, and they can get the job done and get the County into the next decade; and he sees a silver lining along that cloud; and he thanked the Board for its leadership and allowing him to be present to receive the award. 

 

Commissioner Nelson stated he was at an event last night that was held in Cocoa Beach; it was for the Clean Ocean’s Act, which Tony has been working on for several years; and this year they were able to get it passed.  He advised Senator Mike Haridopolos was there and spoke as well.  He advised it was a great celebration of an effort that will pay dividends for years to come for the coastline; and no more dumping sewage off of Brevard County shores is a great thing.

 

 

County Manager Peggy Busacca stated there are two employees who could not attend today; Charles Baignosche has 25 years with Parks and Recreation, and Vernon Fears has 25 years with Road and Bridge.  Ms. Busacca stated Judith Inman of Parks and Recreation has 25 years of productive service to the citizens and staff of Brevard County; advised of Ms. Inman’s employment history; and expressed appreciation for her service.  She advised of Gregory Jones of Natural Resources Management’s employment history; and stated the County appreciates Mr. Jones’ 25 years of service.  She advised of David Russo of Road and Bridge Department’s employment history; and expressed appreciation to Mr. Russo for his 25 years of service.  She stated Gary Taylor of the Fire Rescue Department has 30 years of service with Brevard County; advised of Mr. Taylor’s employment history; and expressed appreciation for his service.  She stated Richard Schuh with Parks and Recreation has 35 years of service to Brevard County; advised of Mr. Schuh’s employment history; and congratulated him on his many years of service to the County.

Chairman Scarborough read aloud a resolution recognizing Susan Lyle on her retirement.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution recognizing Susan Lyle for 21 years of service to the Clerk of the Circuit and County Courts, Board of County Commissioners, and the citizens of Brevard County.  Motion carried and ordered unanimously. 

 

 

Ms. Lyle thanked the Board; and advised she would not know what to do next Tuesday when she does not have to come to the Board meeting.

 

Commissioner Colon stated the Board is going to miss Susan’s smile and patience; it will be difficult not having her around; and Tammy is going to miss her like crazy.  She stated the Board is extremely grateful.

 

Clerk to the Board Tammy Ricard thanked Susan for her dedication and loyalty to the Board, and especially the citizens of Brevard County; the Clerk to the Board’s Office is a close-knit family; and even though Susan is retiring, she will still be a part of the family.

 

County Manager Peggy Busacca advised the Clerk to the Board Office deserves special recognition as everyone else only has to live through a meeting once, but they have to live through it twice.

 

 

Commissioner Nelson read aloud a resolution recognizing Kyle Ashley for attaining the rank of Eagle Scout.

 

 

RESOLUTION, RE:  RECOGNIZING EAGLE SCOUT KYLE ASHLEY (CONTINUED)

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution offering congratulations and best wishes to Kyle Ashley for attaining the rank of Eagle Scout.  Motion carried and ordered unanimously. 

 

 

Kyle Ashley thanked everyone for having him here; and it means a lot to him and everyone who helped him get to where he is.

 

 

Commissioner Bolin read aloud a resolution congratulating Deputy Sheriff Randolph Arieux upon his retirement.

 

Motion by Commissioner Bolin, seconded by Commissioner Colon, to adopt Resolution congratulating Deputy Sheriff Randolph Arieux upon his retirement for his outstanding commitment to the citizens of Brevard County and extending its best wishes for an enjoyable retirement.  Motion carried and ordered unanimously. 

 

 

Deputy Sheriff Randolph Arieux thanked the people he worked with at the Sheriff’s Office; and advised it would not have been possible without the support of his wife. 

 

 

John Robinson stated he is 25 years old and has been racing for 13 years.  He advised in their racing division it goes by age groups; a person can be as young as five starting in the racing of the go carts all the way up to the senior division where a person has to be at least 35 years old to race; and it all goes by age and weight.  He stated he is proud of people who drive with them; and Jason Todd Burke, Ezra Beske, and others are doing very well this year.  He stated he wants to recognize Mike Simon from Florida Outdoor Equipment Sales (FOE) representing Echo as one of their sponsors and Laurilee Thompson representing Dixie Crossroads; he wants to thank them for their support; and without the sponsors they would not be able to do it.

 

Jason Todd Burke stated he is 14 years old and has been racing for five years; he started on asphalt for three years; and he took the State title for all three of those years.  He stated when he met Josh they switched over to dirt tracks in 2006; he finished fourth in the State and eighth and tenth in the Nation; and this year he is ranked first in the State of Florida, and third and fifth in the Nation.  He thanked his dad as he is the main sponsor, and Josh and Ezra help a lot.  He advised his sponsors include Echo, Toro, Buck’s, Ultramax, and newest sponsor, Dixie Crossroads; he thanked Laurilee Thompson and Clay Thompson for their ad support of the racing team; he wants to recognize the pit crew members who spend numerous weekends at the track helping entire racing teams; and thanked Chairman Scarborough for inviting them to the meeting today to share with everyone about the racing team.

 

Chairman Scarborough read aloud a resolution congratulating JB’s Race Team for its accomplishments.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution congratulating Jason Burke, Josh Robinson, and Ezra Beske, of JB’s Race Team upon their accomplishments and wished them well in their upcoming races. 

 

 

Ezra Beske stated he races out of Titusville Florida, he is 12 years old, and he has been racing for three years.  He thanked JB’s Racing Team for giving him his first ride in a go cart; his go cart is an Ultramax 06 Inferno powered by CATS Racing Engines; and he wants to thank all of his sponsors, Echo, Toro, Buck’s Lawnmower Shop, JB’s Lawn Control, FOE, Rotary, and Dixie Crossroads.  He thanked his teammates Josh Robinson and Jason Burke for teaching him the skills to be a great racer and a champion; and further thanked his Crew Chiefs Jim Burke and his dad Steve Beske.  He advised some of his biggest accomplishments are winning the First National in 2008 and also the Deep Soft Pavement Series Championship, 2007 World 100 Champion, and most recently Hurricane Speedway Dirt Championship.  He noted he is currently ranked second in the State in both classes.

 

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

 

 

Commissioner Voltz read aloud a resolution recognizing Children’s Healthcare Day in Brevard County.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing August 9, 2008 as Children’s Healthcare Day in Brevard County.  Motion carried and ordered unanimously. 

 

 

County Manager Peggy Busacca requested the Board withdrawal Public Hearing Item VI.E, appeal of Building Permit Denial for T-Mobile South, LLC expansion of cellular tower development in surface water protection buffer as it is no longer necessary.

County Attorney Scott Knox stated the Legal Panel reviewing the Charter Amendment that was prepared by Mr. Watts has submitted their reports; there was a two to one majority in favor of going forward with it; the issue has come up as to whether some modification to the Charter Amendment ought to be made given the fact that one of the lawyers that approved the Amendment made some suggested changes; and inquired if the Board wants the panel to come on August 19^th when the matter is brought back before it.  Chairman Scarborough responded he would like to hear from them personally.

 

Commissioner Voltz read aloud a resolution recognizing and celebrating 100 years of Edna Dunlop’s Life.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing and celebrating 100 years of Edna Dunlop’s life, and encouraging all whose lives she has touched to celebrate with her.  Motion carried and ordered unanimously. 

Commissioner Voltz stated she wants to put on the Agenda the issue of a possible moratorium on impact fees to maybe spur the economy.

 

Commissioner Bolin stated her husband had a heart attack last week; he is on the mend because of all of the prayers from all of the people who have been praying for him; hopefully tomorrow he will be coming home; and he is a tough marine so he will be fine.

 

Commissioner Colon stated she went to visit Bob Bolin when it happened and the hospital refused to let her see him because he was in ICU; but she wants to let Bob know that the community was praying and she loves him.

 

 

Commissioner Colon stated she wants to thank the youth pastors in the community; Friday night there was an event for the youth; she tells the community that the youth are either going to join a church and be positive role models, or he or she will join a gang; and she really appreciates all of the churches in the South County that step up to the plate.  She stated she knows a lot of people do not listen to Hip Hop but there is Christian Hip Hop; it was an incredible event with a lot of the break dancing and other things that the youth likes but with positive role models.  She advised the event was held at Andretti Thrill Park; and they are always so supportive of the events that Brevard County does for its youth.

Chairman Scarborough stated the Board has heard him talk about Pat Northey; Pat is a Commissioner from Volusia County; she is present at the meeting this morning; and he and she have worked together on something that will be very exciting.  He stated under the Consent Agenda the Board will be talking about a Memorandum of Understanding with five counties, including Volusia; and he requested Ms. Northey give the Board her perspective.

 

Volusia County Commissioner Pat Northey stated it is always a pleasure to work with Chairman Scarborough.  She advised as of yesterday the Memorandum of Understanding has been adopted by Putnum County on July 8^th, yesterday, Flagler County adopted it, today it is St. John’s County, hopefully it will be adopted in Brevard County, and Thursday Volusia County will be the last county to adopt the Memorandum of Understanding connecting these five counties in a bicycling recreation loop that will be 230 miles around the counties; she wants to give a lot of credit to Chairman Scarborough; she and Chairman Scarborough had the opportunity over the years to work together on the Rail Trail Program that the State acquired on December 31, 2007; and Chairman Scarborough was not satisfied with that.  She noted Chairman Scarborough said that is done so let us move on to something else; and he is the one who pushed them on the loop as it is an important component for the counties to share in.  She stated the Memorandum of Understanding was written by attorneys from Brevard County Attorney’s Office in conjunction with Volusia County’s Attorney; and she thanked County Attorney Scott Knox for that.  She stated she and Chairman Scarborough thought they would be the ones kicking off the signing of the Memorandum of Understanding, but Thursday Volusia County will be the last to sign; there is an official signing ceremony in October 2008 before Chairman Scarborough leaves office as he has truly been the heart behind the Project; she thanked Chairman Scarborough for all of his hard work on the Project and for being a friend and regional partner to her; and insisted she will miss him when he retires. 

 

Herb Hiller stated he is a resident of Volusia County but is frequently in Brevard County.  He advised the Loop Trail is one of the most important trails in the United States of America coming into being; it is the longest bicycling loop trail in the Southeastern United States; it has special significance because in the year 2013 Florida and America will celebrate the Quincentennial of Spain in La Florida; La Florida was named for wildflowers; and this is one of the most wildflower perfuse regions in Florida.  He advised the Trail will kick off wildflower tourism in Florida by the year 2013; and wildflower tourism will become comparable to Fall colors up north; and it will also greatly enhance trail tourism in Florida in which we are becoming a National leader.  He advised what this means to Brevard County is that the trail will significantly diversify Brevard County tourism.  He stated noted November 15-22, 2008 Bike Florida, the mass bike ride of the State, will inaugurate an annual Fall tour.  He stated the inaugural tour will make the entire Loop; it will take a week; it is an invitational tour in the first year; but by the time of the tour, maps and q-sheets will already appear on the Bike Florida website so that people on their own will be invited to tour the Loop and they will because there is nothing else quite like it.  He stated today, of the total mileage, 40 miles are off-road and paved; a superb  section in Volusia  County is the Spring-to-Spring Trail; there is a section of St. Johns County, and all of Flagler County; but the rest is getting done.  He advised the significance of the wildflower occasion is that in 2013 Florida will celebrate the first Quincentennial of any sort in the United States of America; and Florida can expect significant congressional funding to come into the State.  He noted they have a meeting with Senator Nelson’s Aide about it next week; Congressman John Mica is already fully onboard and helping; and they will also meet with Senator Martinez’s people so that they can realistically expect that some sort of that congressional funding will be applied to accelerate completion of the Trail all together off-road.  He explained it is an exceptional opportunity as the East Coast Greenway Alliance is very important in this; one of the benefits is that this Loop down its eastern edge will put in place a project very close to Chairman Scarborough’s heart, which is a conquistador’s to astronaut’s trail from St. Augustine to Titusville; and there is not anything like this happening.  He stated he hopes the Board will support the Trail as it moves along; he is meeting later this morning with hoteliers in Cocoa Beach precisely about the Trail; the Brevard County tourism people are for it; and he hopes they can do something wonderful things for Brevard County.

 

Chairman Scarborough stated they had a meeting in DeBary; they realized there were Commissioners from five counties; but when Mr. Hiller got up there they realized it was of profound significance.  He advised the fact that there will be a 500^th anniversary, that this is of National significance, that the trail could be a key component of that; the idea of the explorer astronaut and the explorer conquistador linking along this particular coast, going along the beach, and then coming inland to springs in Volusia County to canoeing along the St. Johns and Putnam, the ability to go along the Fort to launch pads at the Cape is tremendously exciting; and Congressman Mica has been present and he said all he asks is to make it big.  He stated it is the first time he has had the opportunity to have Pat and Herb present.                

 

Chairman Scarborough read aloud a resolution expressing appreciation to Volusia County Commissioner Patricia Northey.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution expressing appreciation to Volusia County Commissioner Patricia Northey for her work on the “St. John’s River to the Sea Loop Trail.”  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough read aloud a resolution expressing appreciation to Herb Hiller for his dedication and tireless efforts to the completion of the “St. John’s River to the Sea Loop Trail.”

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution expressing appreciation to Herb Hiller for his work on the “St. John’s River to the Sea Loop Trail.”  Motion carried and ordered unanimously. 

 

 

Commissioner Voltz stated she would like to pull Item III.C.1, Vested Rights, Re:  Recommended Order for Robin Goldberg Johnson, Case #08-02 from the Agenda for discussion.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Grant Contract Number G0248 with State of Florida, Department of Environmental Protection (DEP) accepting 50:50 State cost-share for improving three beach outfall drainage systems; authorize a budget change request for the grant funds; and authorize staff to advertise for construction services, as needed.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant abatement of Code Enforcement Case 08CE-00409 and Vested Rights Claim, Jo Ann Eubank, regarding surface water protection buffer impact as the Surface Water Working Group may offer new Code for the Board’s consideration that may address and resolve the issue.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant preliminary plat, final engineering, final plat, and contract approval for Breslay Commons Subdivision; and authorize the Chairman to sign the final plat and Contract.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve the renewal of Board of County Commissioners’ Policy BCC-50, Fee Waivers for Planning and Zoning Applications, and BCC-82, Continued Use of a Temporary Residence for up to 45 days after issuance of a Certificate of Occupancy.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Amendment 1 with Ashbritt, Inc. and Crowder-Gulf Joint Venture, Inc. for inclusion into their Agreements with Florida Department of Transportation “FHWA Form 1273”.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolutions modifying Resolutions 2008-125, 2008-126, and 2007-144 for the Constitutional and Local Option Fuel Tax Revenue Bonds; and authorize the Chairman to execute all Budget Change Requests necessary for the action.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize the Chairman to execute Sublease Agreement with the State of Florida Department of Environmental Protection, Office of Greenways and Trails, for the East Central Regional Rail Trail; and authorize the Chairman to execute the Memorandum of Understanding with Volusia, Flagler, St. Johns, and Putnam County Commissioners, upon receipt of the final document containing signature pages.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize the Chairman to execute Memorandum of Understanding between Brevard County E9-1-1 Administration and 2-1-1 Brevard, Inc.; and authorize the E9-1-1 System Manager to execute its annual renewal on behalf of the County, providing there are no substantive changes to the document.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution demonstrating a substantial commitment to support the preservation and promotion of working waterfronts, and public access to navigable waters of the State, and specifically the passage of Amendment 6 on the ballot in the November 2008 Election.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approved the Revised Precinct Legal Descriptions for changes to existing precincts due to annexations by the Cities of Melbourne and Rockledge, as well as the addition of new Precinct 226 to facilitate voter polling place location.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to appoint and/or reappoint J. Robert Murr to the Brevard County Housing Finance Authority, with term expiring April 7, 2012.  Motion carried and ordered unanimously.

 

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

 

Chairman Scarborough called for the public hearing to consider an ordinance amending Section 62-602 of Land Development Regulations to establish public education facilities concurrency.

 

There being no objections or comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Article IV “Concurrency Management”; amending Division 1 “Generally”; amending Section 62-602 “Concurrency Evaluation Procedure” to provide for public school concurrency regulation; providing legal status; providing a severability clause; providing for area encompassed; providing for conflicting provisions; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for a public hearing to consider an ordinance adopting Comprehensive Plan Amendment Package relating to public education facilities.

 

There being no objections or comments heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance amending Article III, Chapter 62, of The Code of Ordinances of Brevard County; entitled “The Comprehensive Plan”; providing for the adoption of a public school facilities element in The Comprehensive Plan; adoption of amendments to the Capital Improvements Element and the Interlocal Governmental Coordination Element to provide consistency with the Public Facilities Element and the Public School Facilities Interlocal Agreement; amending Section 62-501, entitled Contents of the Plan to Include a New Element Entitled “Part XIV. Public Schools Facilities Element”; specifically amending Section 62-501 to renumber Part XIV Glossary to Part XV Glossary, Part XV Monitoring Procedures to Part XVI Monitoring Procedures and Part XVI Appendices to Part XVII Appendices; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

Chairman Scarborough called for a public hearing to consider Interlocal Agreement with the School Board and municipalities for public school facility planning and school concurrency.

  

There being no objections or comments heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to execute Amended Interlocal Agreement with the School Board, Cities of Cape Canaveral, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge, Satellite Beach, Titusville, and West Melbourne, and Towns of Indialantic, Malabar, Melbourne Beach, and Palm Shores for public school facility planning and school concurrency.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for a public hearing to consider an ordinance amending Article VIII, Chapter 62, Land Development Regulations – Site Plans.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Ordinance of the Board of County Commissioners of Brevard County, Florida, amending Chapter 62 “Land Development Regulations”, Article VIII, Site Plans; Subsection 62-3203(6) of The Code of Ordinances of Brevard County, Florida pertaining to developments requiring site plans, providing for conditions for site review of storage sheds; providing for severability; and providing for an effective date.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for a public hearing to consider an ordinance rescinding select company tax abatements for Avidyne Corporation, Confluent R F Systems, Inc., FYI Corporations, Premium Marine, Inc., and EDAK, Inc.

 

There being no comments or objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance repealing Ordinances granting certain ad valorem tax exemptions for failure to continue to meet the criteria for such exemptions; repealing Ordinance 03-50 relating to the Economic Development Ad Valorem Exemption granted Avidyne Corporation, 2010 W. Nasa Boulevard, Melbourne, Florida; repealing Ordinance 05-01 relating to the Economic Development Ad Valorem Exemption granted Confluent R F Systems, Inc., 503 N. John Rodes Boulevard, Melbourne, Florida; repealing Ordinance 05-54 relating to the Economic Development Ad Valorem Exemption granted FYI Corporation, 100 Rialto Place, Suite 500, Melbourne, Florida; repealing Ordinance 06-047 relating to the Economic Development Ad Valorem Exemption granted Premium Marine, Inc., 603 Cidco Road, Cocoa, Florida; repealing Ordinance 06-62 relating to the Economic Development Ad Valorem Tax Exemption granted EDAK, Inc., 630 Distribution Drive, Melbourne, Florida; and providing an effective date.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize staff to acquire appraisals, surveys, environmental services, title searches, and other informational services as well as negotiate for purchase of parcels at the Cox Road/A Lane/S.R. 520 Intersection.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution setting fare structure for Fixed Route and Paratransit Services to allow for contractual arrangements in which employers or colleges will provide free or reduced fares to their employees or students.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant permission for staff to advertise a public hearing on August 19, 2008 to consider an ordinance amending Section 2-73 of the Brevard County Code of ordinances to merge the Transportation Engineering Department and Road and Bridge Department into a Public Works Department.  Motion carried and ordered unanimously. 

 

 

Linn Walters stated this past Tuesday, July 29, 2008, he attended the Valkaria Airport Advisory Board (VAAB); there were only three items on the Agenda; and he was subjected to six hours of torture.  He advised the meeting began at 6:00 p.m. and lasted until almost midnight, all for three Agenda items, rules and regulations, budget, and the Cap.  He stated the meeting was monopolized by the Delegate from District 2, making minor and petty changes, six hours worth; it causes many people to wonder who really runs Valkaria Airport; and inquired if it is the VAAB, Airport Manager, or is it the County Commission.  He noted it appears as though the answer is the VAAB.  He stated he is reasonably sure that they were not tasked with that, they just did it; the published Agenda listed those three items; the hidden Agenda was the Town of Grant-Valkaria; the phrase Town of Grant-Valkaria was repeated often enough that he felt he may be in the wrong meeting; and inquired how can an airport advisory board go so far wrong.  He stated he felt sorry for the three County employees who were attacked verbally and slandered over and over again; he can honestly say that all three remained professional throughout the ordeal; but he could not have been so constrained.  He advised to be harangued by the Board members in this way was inexcusable and surely unpleasant for the citizens who endured the meeting; and he knows he was appalled.  He noted with the Master Plan that the Board of County Commissioners voted unanimously to accept, there is no further need for an advisory board; with over 200 petitions signed by the citizens of Brevard County, the Board’s constituents have spoken; this advisory board has become so dysfunctional that it needs to be abolished; and he requested that the Board do that today. 

 

Francis Herr stated he was on the Charter Committee having written the draft which set up the Council itself; and he is proud of Grant-Valkaria and the things it can do.  He stated he is not proud of the way the Board has allowed the VAAB to become what it has become; when it was serving the Board of County Commissioners as an outside voice to bring information and express concerns as well as gratitude, it was a good deal; but now there are at least three members on the board who are obstructionists at best.  He stated Curt Lorenc is an angry person who is out with vengeance to do whatever he can to destroy the airport; he was told the reason for this is that he could not get a permit to pursue his business, which was a consultant for a microwave engineering company, which is out of Canada; he could not put up a tower; and his solution was to get rid of the Airport.  He advised Janis Walters who serves on that advisory board lives and works with Curt Lorenc; and a person can imagine why she has the opinion she has of the airport.  He stated Don Darby, who is, having worked with him at Harris Corporation, a fine engineer who has an axe to grind with government because of a incident that happened with his family a few years ago; he does not blame him having that axe to grind but he is blinded to understanding where these people are coming from; and he is a great person, but a bit naive.  He stated on top of that there is Dan Fadden who takes at face value the words of a realtor when he moved in under the flight path of Runway 927; the realtor said they would never use the runway; the runway is being used; and Mr. Faden went so far as to be on the same committee he was on, Grant-Valkaria Preservation Committee, to worm his way in to being in a position of authority where he could control the destiny of the airport and hopefully get rid of the noise of the airport.  He stated he recently retired from Harris Corporation after 24 years, has been a pilot for five years, and started flying because of 9/11.  He stated what he wants the Board to do is to show the leadership that was exemplified, and show the faith and confidence in County staff, putting aside petty concerns and rivalries and trying to get even; and to make sure the Manager, Director, or County Manager work within the framework of that Master Plan. 

 

 

PUBLIC COMMENT, RE:  LIFEGUARD ENHANCEMENT PROGRAM

 

Gerald Storrs stated the USLA strongly endorsed Bill Farmer’s proposal for the composite system, or lifeguard protection, for Brevard County, in particular Cocoa Beach.  He stated they were stopped just short of what was really needed and that was the extra funding to provide for those full-time lifeguards.  He stated Bill Farmer has about four fellows who are going to have to leave the lifeguard service, whether schooling has been completed, and look for full-time employment; if a person was looking for full-time employment and understood that it was only funded through October, he or she would probably look somewhere else; and that is where this was left.  He stated there was reluctance on the part of the Board to provide the funding for actual full-time going into the next year; and Bill Farmer said the funds were available through reallocation and they would not need new external funding.  He suggested the Board reconsider now or before the next budget meeting.

 

Chairman Scarborough stated the Board said it was going to bring it in as a part of the budget discussion; the Board did not say it was not going to discuss it; but it was going to actively discuss it and ask Chief Farmer to give the Board continuous reports on the implementation of those changes so it could proceed.  He stated he did not hear anything negative.  Mr. Storrs stated he understood reluctance to extend the funding into the next budget cycle.  Chairman Scarborough advised he did not hear the same thing as he heard a desire to put it in as part of the budgetary process as it is how the Board normally does budgets. 

 

Commissioner Colon stated the Board is excited that it could possibly hire 12 full-time employees and be able to increase the level of service and protection at the beaches; the dollars are in there; but the Board said to make sure the process takes place, which is the budget process.  She stated if anyone has that misconception, he or she is incorrect.  She advised it was the combination of the feedback from the citizens and Chief Farmer.

 

 

PUBLIC COMMENT, RE:  VALKARIA AIRPORT ADVISORY BOARD (CONTINUED)

 

Russell Minton stated he has been sitting on the Valkaria Airport Advisory Board for 11 years; he has never been more disappointed with the situation that he has been involved with as he was last Tuesday; and although he does not agree with what he has heard a lot of the pro-airport people postulating, he is forced to go along with them.  He advised for ten years he has sat and listened to the same lies postulated and reported to the Board, and that it has believed and swallowed without apparently questioning, and that was that if the Board accepts any money at all from the FAA it will be bound by grant assurances that would destroy all of its control of its private property; and that is absolutely a lie.  He stated the Board agreed to all of the grant assurances regarding control of the airport and its surrounding properties when it accepted the airport from the government; because of this refusal to accept FAA monies, for ten years the County has lost $150,000 in airport improvement plan money; and that is a lot of money.  He stated a Master Plan was finally approved, and there is airport improvement plan money for building hangars and all the County has to do is approve that, but it has to be asked for before October.  He noted he perceived the filabustering that he was subjected to last
Tuesday as an attempt on three members of the VAAB that have been appointed because he or she is known to be absolutely anti-airport as a method of delay accomplished nothing hoping that the request for the hangar monies will be delayed beyond October when the FAA says the County will have to go back and reapply for it; and if that is allowed to happen, it will be in direct opposition to what the Board has agreed and said it is interested in doing, which is supplying hangars at Valkaria Airport for increased income.  He stated when he was asked to join the VAAB, he was told the Board was looking for people who had aviation interests at heart and who were going to advise the Commission on things pertaining to aviation; that is not what is happening on the VAAB; and it is now majority-seated by people who despise the Airport, hate aviation, and are interested only in destroying the airport.  He explained if the Commission is going to continue the VAAB, it should be staffed by people who are knowledgeable about aviation who will answer the Board’s questions as it asks for them about aviation; if the Board has people who want to destroy the airport because of homeowner’s interest, a homeowners advisory board should be formed; and that board should come to the County Commission meetings and give their end of the opinions of what is going on at the airport but not be allowed to obstruct the proceedings of the advisory board and the airport.  He stated if that cannot be accomplished, then he feels the VAAB has served all that it can possibly do in favor of the airport and should be disbanded.

 

Kristin Whaley stated she is before the Board to express her utter outrage and offense at the way that County employees were attacked on Tuesday night; they were slandered, lied about, and defaced right down to the reporter who does not even say anything.  She stated it has gone beyond dislike of single people and dislike of the airport, to make sure that on public record County employees are abused.  She advised it is the Board’s job to protect its employees; if that was happening to her at work she would go to her boss and her boss would at least sit down with those people; but these people on the VAAB do not answer to the Board of County Commissioners anymore, they answer to their own interests.  She stated these are interests that are not even supported by the community because the community does not show up at these meetings; a very select three to five people repeatedly show up and slander the Airport Manager, Assistant County Attorney Morris Richardson, and down to Ms. Busacca; and it was an embarrassment to her to know that the Board has allowed this to go on repeatedly.  She explained she has a petition containing over 200 names requesting the abolition of the VAAB; the signatures were collected not by them going door-to-door and trying to thawrt people’s opinion of the airport, but the petition was collected by word-of-mouth; and friends encouraging friends to do what is right for the airport and for the neighborhood.  She suggested the Commissioners abolish the embarrassing and dysfunctional board and do what is right to protect the employees of Brevard County.

 

Mike Whaley stated when he was coming into the Commission Chambers this morning he noticed on the door there is a plaque that is the Pledge of Civility.  It reads, “We will be respectful of one another even when we disagree.  We will direct all comments to the issues, and we will avoid personal attacks.”  He stated he is deeply disturbed that he
even needs to be at the meeting because he hopes it is the last time they have to come to the meeting to beg the Commission to bring the Valkaria Anti-Airport Board under control, and that is really what it is.  Mr. Whaley stated he is all for citizen input, but this is way, way beyond that.  He advised if he was a member of a jury, in court, and called the Clerk of the Courts a liar in the middle of the hearing, they would put him in handcuffs, throw him in jail for contempt, and he would also be dismissed from service.  He stated if he came before the Board, picked out a Commissioner, said he or she was a convicted felon, yelled about how a member of staff was a lying, cheating, sack of pond scum, the Board would have him called to order and ejected.  He stated if he attends a VAAB meeting, he can call anybody anything; he can tell any kind of lie he wants no matter how bad it is; and as long as it is about County staff it seems like that is fine.  He stated the slander and vicious irrelevant bickering and lathering goes on constantly by a tiny handful; and he could count on one hand the number of people who do this.  He stated he recently got shot down responding to Janis Walters regarding a pack of lies she said about the Airfest; he wanted to take her on; that was public record; and he had a right to do that.  He stated Mr. Fadden jumped on him right away saying he was out-of-order; but it is okay for her to go after Steve, Peggy, Morris, or now Pam, and that is just allowed to go on; and that is just disgusting.  He advised this has been the situation for a very long time; the Board seems to be saying it is okay to say anything about anyone regardless of how false and slanderous; but it is fine as long as a person goes to a VAAB meeting to say it.  He noted he would not feel safe working for Brevard County based on what he has seen; and if a person works for Brevard County it is open season on a person’s reputation.  He advised he does not feel physically safe at the meetings; Sheriff Deputies have had to come there because they are afraid that one of these people are going to lose it; and he is not the only one who feels that way.  He stated there have been a couple of incidents in the past where board members of the VAAB on the record have said he or she would shoot down helicopters; and there have incidents outside of the meetings of people getting spit on and all sorts of things.  He noted the VAAB does not work; it is not fixable; he remembers being before the Commission before and heard Commissioners say to keep and eye on it and it better stop; but it has only gotten worse.  He stated once Janis Walters was appointed to that board it got worse just like they said; the national media jumped on that; her reputation is literally national in the aviation community; and what they all thought would happen did happen and keeps happening.  He requested the Board get rid of the embarrassing and useless VAAB and move on with life.

 

Commissioner Voltz stated she has been asking for this to happen for a long time; they do, just as the people have mentioned, attack the County employees; it is wrong for the Board to allow that to continue to happen; and she would not blame people if he or she never went to a VAAB meeting again.  She inquired at whose request put those three items on the VAAB Agenda; with Assistant County Manager Mel Scott responding those are items that the Board of County Commissioners is going to be in the future reviewing, so those were scheduled for the VAAB for its input.  Commissioner Voltz inquired if those were scheduled ahead of time; with Mr. Scott responding they were scheduled ahead of time and materials provided well in advance of the meeting.  Commissioner Voltz stated all of those things were given to the VAAB well in advance of the meeting so there was no reason to spend hours upon hours nitpicking everything; and inquired if any of the VAAB members could have met with staff if they had any questions.  Mr. Scott responded staff is always available to any advisory board member who has questions.  Commissioner Voltz stated a number of years ago the Board talked about what is the VAAB’s responsibility; they have very little responsibility; and they are only allowed to bring up exactly what the Board directs them to bring up.  She noted when the Master Plan was worked on she suggested the Board do away with the VAAB; and at that time it did not pass.  She stated now is the time to do something; both of her staff members were present at the meeting last Tuesday night; they said it was just unbelievable how the attacks continue over and over again to County staff; and she will not allow that to happen.  She advised if the VAAB has to have a meeting without staff present that is what will have to happen, or the Commission can do away with the VAAB; and that is what really needs to happen.  She stated there is a Master Plan, staff is available and knowledgeable to manage the airport, and if the County, Town of Grant-Valkaria, and Malabar wants to get together and form a board to do something, that can be done.  She inquired what exactly needs to be done to dissolve the VAAB; with Mr. Scott responding if it is the Board’s desire, staff would move forward and prepare an ordinance which would amend Section 18-61 of the Code of Ordinances of Brevard County to abolish the VAAB.

 

Motion by Commissioner Voltz to direct staff to craft an ordinance to abolish the Valkaria Airport Advisory Board.

 

 

Commissioner Bolin inquired if there is a large difference between abolishing it, or is it possible to do a suspension of the VAAB for a period of time; with County Attorney Scott Knox responding right now the Ordinance requires the County to have the VAAB, so to suspend it the Ordinance would need to be changed as well. 

 

Commissioner Colon stated she is definitely concerned of what she has heard today but things have to be done right and there is certain protocol; when there were issues in Titusville and Cocoa the Board wanted to hear from the advisory board; and they are owed that respect.  She advised it is premature to take action today; the Board has been notified by the folks that there is obviously something it needs to look at; it needs to be done right; the VAAB members need to be invited; and it needs to be put on the Agenda.  She stated at that point, the Commission will be able to hear from all sides; it is a great concern from what she heard; she did receive those telephone calls right away from folks who attended that meeting; but this needs to be done right.  She stated it is not just for this particular board but there are at least 40 boards that serve under the Board of County Commissioners; that respect must be given to all of them; an advisory board is not just abolished at a Commission meeting without notification and it not being on the Agenda; she has no problem putting it on the Agenda for the next Commission meeting; and that would make sure the Board hears from all parties.

 

Commissioner Voltz stated her request was to advertise a change in the Ordinance so the Board can decide at that time; she understands the Board cannot do anything today; but it needs to be discussed at the next meeting.  She inquired how would the Board do that; with Mr. Knox responding if the Board authorizes a change to the Ordinance it could authorize advertisement today also; and stated that could be brought back on the 19^th.  Commissioner Voltz inquired if that means the Board has to change it; with Mr. Knox responding it would be a public hearing and everybody would have an opportunity to speak about it. 

 

Commissioner Nelson stated he does not have a problem with legislative intent; he does not know if he wants to do an advertising and move that far into the process; but it does need to be talked about.  He advised he does not condone what was done; it is not appropriate to attack County staff; and he has concerns with that.  He noted it was overly optimistic to put the three biggest issues the VAAB will deal with out of the Master Plan on the same Agenda and still get through it; the airport is always going to be continuous; and inquired if it needs to be done in front of the Board, or to have an advisory board to do that.  He stated he would rather have a discussion here as part of a legislative intent than to do the advertising. 

 

Commissioner Colon stated the Board should not support any motion that is making it take any steps; it will be sending the wrong message; the citizens came out today with great concern; the Board needs to look at this; and it needs to be put on the Agenda and that is as far as it should go.  She stated it should be added to the Agenda in regards to discussion of Valkaria Airport Advisory Board and that is all it should say.

 

Chairman Scarborough stated one of the things that bother’s him is that this next month there is only one Commission meeting because the Board is so overloaded with so many diverse things.  He stated unless there is a crisis that needs to be acted upon he is inclined to do it after the Board gets through some of the heavy stuff; the Board talks about the RV’s; it talks about increase in sewer and water rates the next night; and the thing is, the Board will be carried out in body bags.  Ms. Busacca advised the Board has the fire assessment at one meeting, the sewer and water rates at another meeting, and the RV parking and final budget hearing on separate meetings.  Chairman Scarborough stated unless there is a crisis he would prefer to hear this once it calms down a little. 

 

Commissioner Voltz stated it is the right thing to do now; the Board can do it to any advisory board at any time; it is the Board’s responsibility to make sure the County employees are treated in a fair way; and they are not being treated in a fair way right now because of some of the people who serve on the VAAB.  She reiterated it needs to happen now; and there is absolutely no reason for it not to happen now.

 

Commissioner Colon stated the next meeting is August 19^th; the item can be added to the Agenda; and the reason why she believes that is because there is another meeting on September 2^nd, which means if the Board does not give a direction or does not take some kind of action it will happen all over again on September 2^nd, which is what the community is trying to avoid.  She advised she does not see a problem with adding it to the Agenda and discussing it.

 

Commissioner Bolin inquired if the County is running into any difficulty as far as making sure the hangar project is timely; with Mr. Scott responding the T-hangar project is on track; stated the materials are being delivered; and the grant is in place. 

 

Commissioner Nelson stated he was not aware of the Board ever turning away FAA funds.  Ms. Busacca advised it was done a few years ago.  Commissioner Nelson stated Airport Manager Steve Borowski has got the ability to bring any grant to the Board as all departments are required to do; and unless a grant has been given previous approval by the Board it has to come back.  He advised if there are grant funds out there Steve needs to move those forward; and that had happened where advisory boards cannot come to an agreement so the department director brings it forward to the Board.  He stated he does not mind putting the item on the Agenda for discussion, but the Board needs to hear both sides of the discussion.

 

Commissioner Voltz stated it was not her intention to do something today, but to move forward because an ordinance change will have to be made; there is a message, and the message is to do away with the VAAB, and protect County employees; and there is no way the Board would let that happen in this venue and it should not let it happen to any other venue in the County.

 

Chairman Scarborough inquired if a member, or a couple of members, of a board act disrespectful, if that is in itself the issue of abolishing the board; and further inquired if the board serves a purpose; and does it serve a purpose for the Board to have an intermediary out there.  He advised with his experience he has found that the Board has limited time to discuss issues; unless the Commission meets five times a week for twelve hours a day it is going to have to look to advisory boards; if it is a problem with individual behaviors, that is not in itself a reason for him to abolish an advisory board; and it may be an indication that that the Commission needs to have a different attitude of how it does business, but advisory board’s are still needed.

 

Commissioner Voltz stated the airport should be treated like any other department; Mr. Borowski runs the airport; he goes by a budget and by a Master Plan; if something is needed he brings it before the Commission; and the airport should be treated like any other County department.  She noted no other department director in the County has to put up with what Steve Borowski has to put up with; the Board of County Commissioners is not protecting him in any way, shape, or form; and it is not right that it leaves him hanging out there by himself at the airport with the harassment he receives.

 

Commissioner Bolin stated what the Board is concerned about is whether or not on August 19^th it is going to be able to fully address the issue; and inquired if it is possible to postpone the VAAB meeting to give the Commission more time; with Mr. Scott responding the only issue would be that staff is preparing to bring before the Board for consideration after that meeting is the NFAA Grant for safety features in the airport; and stated that was the purpose of the VAAB getting together on the 2^nd.  Mr. Scott stated the Board would be foregoing those recommendations and feedback on that proposal, which it would be hearing subsequent.

 

Commissioner Nelson inquired if those are in the Master Plan; with Mr. Scott responding yes.  Commissioner Nelson stated he is not sure why it would have to go before the VAAB; he does not mind putting the VAAB in deferred status until the Commission has a chance to talk about it; but it needs to be discussed at the Board level but without a pending action just to see if the Commission can get the VAAB on-track because it does serve a purpose; and it is always going to be contentious by nature whether it is Melbourne Airport or any other airport any time that happens.

 

Commissioner Voltz inquired how many complaints has Commissioner Nelson received from the Merritt Island Airport, which is four times the size of Valkaria Airport.  Commissioner Nelson responded none; stated Merritt Island Airport has been in a continuous running fashion for years and years; Valkaria Airport had a period of time when it was not operational; and he wishes it had been because that started the mess.  Commissioner Voltz stated Valkaria Airport has always been operational.  Commissioner Nelson noted they were running races down there for a few years.

 

Chairman Scarborough stated he believes the Board has a consensus to put it on the August 19, 2008 Agenda; he has a 10:00 a.m. time certain; the item can be discussed further on the 19^th; and public comments are just to alert the Board to issues and direct it.  He stated the Board will bring it back and everyone will know about it; and everyone will be better briefed and prepared. 

 

Commissioner Bolin inquired if the Board wants to have the VAAB postpone the September 2^nd meeting so the Commission can have a full discussion on the 19^th; with Mr. Scott responding staff is able to do that if it is the pleasure of the Board; stated the VAAB, per the Resolution, serves at the pleasure of the Board; and it is required to meet quarterly.

 

Commissioner Colon stated the entire VAAB should be invited to the August 19^th meeting; a Master Plan was approved by the Board; the Board would take action on that Master Plan; and there is absolutely no reason why the VAAB would have to.      

 

 

Chairman Scarborough requested Mike Knight and his group to come forward; the item has been heard before; if the Board wants a briefing by Mr. Knight to begin with he can do that; but it would be his preference to proceed with the cards.

 

County Manager Peggy Busacca advised what is being distributed to the Board is the staff response to the information that was provided by the Clerk’s Office.  Chairman Scarborough inquired if Clerk’s Office seen a copy of the response; with Clerk of Courts Scott Ellis responding no.

Vince Lamb requested the persons in the audience who support the purpose of the properties to stand; and not everyone present is going to speak, but he wants the Board to see the supporters.  He stated he and his wife moved to Brevard County in 1970 due to the high technology employment opportunities and the natural beauty of the Indian River Lagoon area; much of his life has been focused on career activities, but his family has enjoyed outdoor recreational activities, including bicycling, boating, hiking, and kayaking; and four generations of his family live in Brevard County ranging from Titusville to South Merritt Island and Melbourne Village.  He advised preserving the natural beauty of the local environment is a very high priority in his life; when he looks at the changes of the past 38 years, the declining water quality of the Indian River Lagoon is most troubling; the dolphins are sick and dying, just one of many indications of serious problems; and stormwater runoff flows from many properties east of I-95 into the Lagoon with fertilizers, pesticides, petroleum products, and other hazardous chemicals.  He noted he first became closely aware of the operation of the EEL Program during the few months proceeding the purchase of the Boyd-DiChristopher Properties near the Ulamay Sanctuary; the Program reflects extremely well on Brevard County, citizens, and government; the Selection and Management Committee, with its volunteer scientists, evaluates conservation land potential of various properties and determines priorities; and he considers the process to be well conceived and believes that the implementation has been outstanding.  He stated regarding the Scottsmoor Properties under consideration, he visited the properties five times in the last month, including the public site visit with the EEL’s Program leaders last month.  He stated he is keenly aware that Margaret Hames, respected environmental leader, recommended the purchase of these properties as conservation land in 1991; Margaret influenced many people in Brevard County with her knowledge and love of natural Florida before she passed away earlier this year; he strongly supports preserving the property as natural Florida land, avoiding the pollution that is inevitable with development; and suggested the Board allow the property to serve as water recharge area instead of becoming occupied by thousands of water consumers.  He stated he wants to close with a quotation from E.O. Wilson, an outstanding biologist for nearly 50 years.  He advised while discussing the decline in biodiversity and the extinction of species he writes, “We are creating a less stable and interesting place for our descendents to inherit.  They will understand and love life more than we and they will not be inclined to honor our memory.”

 

Bill Whitehead, President of Space Coast Progressive Alliance (SCPA), stated the SCPA supports the County moving forward with efficient and prompt purchases of the lands recommended by its own citizen scientists.  He stated the SCPA supports the EEL Program and the conservation of the recommended purchase of land parcels, which will lead to a sustainable and more desirable quality of life for the citizens, which is why Brevard County citizens voted for the program twice.

 

Clay Henderson stated he has been involved in regional conservation issues for a long time; he wants to echo the remarks that Volusia County Commissioner Pat Northey said earlier to commend Chairman Scarborough for his long service; he met him 25 years ago when Chairman Scarborough was on the Canaveral National Seashore Advisory Committee and Mayor of Titusville; and this has been a 20-year era of cooperation between  those people  north of the border in Volusia and Brevard County.  He stated 20 years ago these were the only two counties in the State that had an environmental acquisition program; and they have a long record of working together.  He advised the Trail that was talked about earlier was put on the very first rail to trail acquisition list and Preservation 2000 was established in 1991; and that is how long it has been around and how long it takes to get some of these things done.  He noted one of the great successes has been the Indian River Lagoon Program, and the cooperation between Volusia and Brevard Counties to put it together.  He stated the environmental systems do not stop at the County line; and so there has been this great record of working together.  He stated with Chairman Scarborough wondering what he will do when he is done, he was Pat Northey’s chauffeur and photographer today; so this is what happens when you leave the Commission.  He stated he is happy to be present today on behalf of Miami Corporation, which owns 60,000 acres in Volusia and Brevard, including 10,000 acres in Brevard County; the property owners have been there over 80 years; it is a long history of stewardship; and they have been working closely with Brevard County staff, Volusia County Staff, The Nature Conservancy, and Florida Audubon to try to work on this corridor of wildlife, environmental sensitive protection that would run from the Merritt island National Wildlife Refuge to the St. Johns River.  He advised the property Board today is really the missing link in the corridor; and what is not seen is the other stuff that the County is getting the extra bang for the buck by putting this together.  He noted Miami Corporation just bought property adjacent to this, the Memory Tract, about 345 acres; and a majority of that property will remain in conservation.  He stated the property just west of there is already part of the mitigation bank; 7,000 acres of that is, and will be, under conservation easement; just to the west of the Miami Corporation property is the Culbert Cameron Mitigation Bank, another 5,000 acres that is already under conservation easement; and then to the west of that are lands that Volusia County is now moving forward as part of its preservation corridor.  He showed a map of the property to the Board; it shows what is going on in Volusia County; the area in dark blue, the County Council on Thursday will be transmitting this as part of its comprehensive plan as the essential environmental corridor to protect the environmental integrity of the backbone of the County; and this that is before the Board today is that missing link in creating this corridor running from the river to the Merritt Island National Wildlife Refuge that some people have been thinking about, working on, and hoping would be a reality for over 20 years.  He stated he hoped it puts it in a little bit of a perspective; he commends the Board for its efforts; and he hopes it is a successful day for this.

 

Chairman Scarborough stated the Board is proud to have Mr. Henderson present today; Mr. Henderson has represented various interests at the State level; he is recognized Statewide as an expert in these types of issues; and he thanked Clay for attending the meeting today.

 

Chairman Scarborough stated Volusia County Commissioner Pat Northey wrote a letter to him in support of the purchase based upon the fact that it has such great connectivity to what Volusia County is doing; and it indicates how the cooperation between two counties can lead to wonderful things.

  

Pat Northey stated Volusia has the conservation corridor; it will be adopted formally to be transmitted to DCA on Thursday and that will outline the Volusia Board’s commitment to conservation in Volusia County; it has brought into public trust about 50,000 acres; and it is very proud of that.  She stated she is also proud that not only will the acquisition that Brevard County is doing, there will be a corridor not just into Brevard County, but there is a corridor into Putnam and Flagler County as well; and she really wants to protect Florida wildlife and water resources.

 

Mary Hillberg stated her focus was going to be on an issue that Commissioner Colon has already mentioned that the monies that have been voted in to pay to put to the side for EEL’s properties is not touchable for anything else; she keeps hearing it can be saved, or do this or that with it; and that is not possible.  She stated the money is there, it is set aside, it was voted for, and the Board promised to do what the citizens asked it to do.  She requested the Board vote positively for the acquisition.

 

Sandra Vann, with the Ace of Hearts Ranch in Port St. John, stated she is honored to be in the room with the wildlife warriors; it is quite an honor; and she is humbled by them.  She stated speaking as a citizen and business owner she is all about eco tourism; they have the unique opportunity to take people out on horseback each day and show them what Brevard County has to offer; to show them the Golden Batchelor Buttons and the Hatpins, Bog Buttons, and Gopher Tortoises, the beautiful plants and wildlife that Brevard County has to offer; and she is so exited about the opportunity to purchase the land and to preserve it.  She noted it has been upsetting to her to see land beside her disappear that she used to ride through and see plants that she has never seen in her life that were growing there; and then to see them disappear and be paved over.  She advised she has been in Brevard County since 1962; she loves the wildlife areas being offered in Brevard County; and she is so glad for all of the land that has been set aside to save for the environment. 

 

Maureen Rupe stated she is President of the Partnership for a Sustainable Future, which is a coalition of 17 environmental and community-based groups, stated this would be very important properties individually but they are adjoining and this enhances the conservation values; together these properties total more than 1,500 acres, 400 acres of wetlands and 1,100 acres are uplands; diverse natural communities occur including scrub, flatwoods hammocks, hardwood swamps, marshes, and cypress; and gopher tortoises and Florida Scrub Jays and other listed species occur there.  She advised the primary goal of the Environmentally Endangered Lands Program as established in the 1990 referendum and extended by the 2004 referendum is to protect the biological diversity of Brevard County now and into the future; and value for species, natural communities, and landscape connection all factor into ability to support and maintain this diversity.  She noted the properties meet all criteria for selection, and have the unanimous support of the Selection and Management Committee; these are the most important environmental properties now available to the EEL’s Program; and they are the last remaining unprotected landscapes in the County; and these are core acquisitions towards achieving the goal of conservation linkage between the St. Johns River Basin and the Indian River Lagoon Protection Areas.  She stated she urges the Board to approve the item. 

 

Lyle Zody stated he is present to voice support to the EEL Program and the purchase of the Scottsmoor properties.  He advised last weekend he had the opportunity to actually visit the site; he visited three different locations on the site; and personally walked about five miles of the property.  He stated in his opinion, as a representative of Natural Florida and Native Brevard County, the thing that he thought was interesting is what was conspicuously absent was a lot of the invasive exotic species that are found increasingly throughout the rest of Brevard County.  He advised he read Dr. Schmalzer’s site visit reports, and within his limited observations the reports are accurate and he is in full agreement with them.  He stated the properties have been recognized as desirable, potential EEL purchases since 1991; and it seems this is the first viable opportunity for their purchase.  He stated the current conditions associated with real estate presents a buying opportunity that would otherwise not be available during different economic times; and economic times do change but they are not very predictable.  He noted it is his understanding that 85 percent of the population settles within ten miles of the coastline; the quality of life environment found in Brevard County is definitely an attraction for people to move here; while people are not moving here right now, in the future when the economic conditions are different he or she will be moving here again; and he considers the EEL Program a positive contributor to the quality of life for Brevard County.  He advised in 1958 he took a job with a company in Cedar Rapids, Iowa that is now called Rockwell Collins; in 1974 he accepted an opportunity to move to Melbourne, Florida to help begin a manufacturing facility; it is interesting the reasons Rockwell chose Brevard County; they hired a company to do a site selection process; and Melbourne, Florida won.  He advised the reasons why Melbourne won was that the population contained the skill and knowledge that was necessary to provide a work base for a successful electronics manufacturing facility.  He stated very important on Rockwell Collins’ list was quality of life issues; at that time Brevard County offered one of the better educational systems in the country; and he believes it still does.  He stated apparently if the property is purchased the County will lose some of its tax base as it will go off of the tax rolls; these type of purchases have a positive effect at a smaller level on the remaining property in the County; and it might be a tax neutral thing as far as purchasing the property.  He stated it is the right program that has been mandated by the voters of Brevard County; the site selection is accomplished by the right committee; and the Board is doing the right thing by authorizing the purchase.

 

Jack Lembeck stated it is time to let the EEL’s Program fully mature; the property is the appropriate property to allow that to happen; it needs to be managed; the property will lost value if it is left lying fallow in the future; and every day the property lies fallow without proper management of some kind the County will lost money in the future.  He advised this is a prime example of the success of how the EEL’s Program functions; and it has proven that by putting the property together, along with the cooperation of The Nature Conservancy.  He noted without these organizations functioning, he doubts if this kind of property could be put together; he cannot see how it would be possible; the Board can see how difficult it is now; and it has taken 17 years.  He stated it will give EEL’s an opportunity to mature and manage the property for the future; that is the best thing to do; the Board has the opportunity to do that today; and it can move into the future.

 

Mary Sphar stated when she filled out her card she overheard Ms. Lewis say there was 36 speakers in front of her, so she decided to shorten the remarks, which are on behalf of the Sierra Club Turtle Coast Group.  She stated Sierra Club enthusiastically supports acquisition of the AG Ventures and Scottsmoor Partners properties, which are critically important if the rich biological diversity of Brevard County for future generations is preserved; Sierra Club has been aware of the significance of the particular properties for over two years; and they have followed with great interest in the progress towards the acquisition.  She advised these properties are key to achieving the vision of the EEL Program to protect the rich biological diversity of Brevard County for future generations; the EEL Selection and Management Committee considers these properties to be the highest priority for acquisition; and Sierra Club is convinced that their purchases are of the very greatest importance.  She stated the Sierra Club urges the Board to vote to acquire these extremely ecologically significant parcels.  She stated the Board took the steps to make sure that the appraisals were up-to-date and now there is a reduction in the price; stated even as she found out this morning there may be the possibility of further contributions from the Federal Government from the development that might take place on Merritt Island National Wildlife Refuge; the Board has been very careful and considered the opinions of the Clerk; and the Board has really listened to the appraisers.  She advised the Board has done a fine job; and now they are at the point that the Board needs to consider what is really needed for the EEL’s Program as far as what lands are key and crucial.  She noted these two properties are at the top of the list of the EEL’s Selection and Management Committee; these are the most important ones; and these are extremely critical.  She thanked the Board once again for its care in evaluating the properties and the price; and it is time to move forward today.

 

Douglas Sphar requested the Board approve the purchase of the AG Ventures and Scottsmoor Partners properties.  He stated he is not going to repeat all of the great attributes of these properties but he wants to focus on corridor connectivity.  He advised a great portion of the wildlife is nocturnal and does its moving at night; the satellite photo he distributed shows the properties are within a light-free corridor that extends from the ocean to the St. Johns River Valley; and it is basically the only light-free corridor on the east coast south of Daytona.  He noted the corridor connects to the public lands of the St. Johns Valley, that they are the only dark corridor that penetrates the I-4 corridor to the north.  He stated nighttime darkness has an infringing value all of its own; it is increasingly difficult to find a place for his granddaughters to enjoy the spectacular nighttime sky that he enjoyed as a child in Florida during the 1940’s and 1950’s.  He stated there is a letter circulating in the emails, and the Board probably got a copy, that claims the economy in North Brevard would be perpetually stunted if EEL’s purchase these properties; these properties are owned by professional developers with long histories of developing in Brevard; and they would not be offering these properties to EEL’s if they smelled a pot of development gold in the future.  He advised at one time developers touted North Brevard as a bedroom community for greater Orlando; two events have conspired against that; most obvious is the skyrocketing costs of gasoline; less obvious is the recently noted national trend for a preference for urban living; and young professionals and some retirees are increasingly opting for the amenities and conveniences of urban living as cities become revitalized.  He noted Author Herb Hiller, who the Board honored today, in his recent book A-1-A Florida’s Edge argues that this trend is emerging in Florida.  He stated these properties are just too far out there for this emerging demographic; and these properties do help sustain increasing important economy ecotourism.  He stated he wants to comment on Mr. Ellis’ comment by making a stock market analogy.   He advised  many studies have shown that people that engage in market timing trying to buy only at the bottom and only sell at the top do not do as well as people who buy according to value with a strategy over time.  He stated the value is property averaged out over time; and that has been proven a lot of the time with this investment strategy.  He stated the owners knocked on EEL’s doors; EEL’s does not confiscate property; and he requested the Board keep the lights out in that corridor for the wildlife and future generations to enjoy.

 

Chris Gardner, representative of Scottsmoor Partners, represents a portion of the ownership on the east side of I-95; and he is present to answer or respond to any questions.  He stated at the risk of sounding a little self-serving and self-righteous, he wants to thank staff; it has been a long process; it has been very professional; and reiterated he will answer any questions if needed.  

 

Barb Venuto, President of Sea Rocket Native Plant Society, stated she enthusiastically supports the purchase; and she cannot repeat all of the great things that have already been said.

 

Kim Lucks stated he heard a lot of things said today that he is going to attempt to clarify for the Board.  He stated people are acting like it is a fire sale and has to be done today or this opportunity is going away; Scottsmoor has a long history of controlled development; they worked with the developers most recently with the AG Purchase and prior to that the Macintosh Group for the same piece of property; and the eastern portion of the property, two-thirds of the entire 1,500 acres, is included in the City Charter of Scottmoor of 1925.  He stated there has been talk of how the area is going to be utilized and enjoyed.  He stated there is an area about four miles east of this on Huntington; that area is 156 acres and was to be developed as a trailer park; they bulldozed a third of the way in a loop; for years after EEL’s got it, and it is now maintained by the National Forrest Service; and the residents of Scottsmoor have been approaching the Forrest Service for access as a day use area for possible camping and all the people get is lip service.  He advised the area continued to be fenced on all four sides with no trespassing signs; that is an example of how good this area gets utilized; and they want to utilize it but no one will let them.  He noted by looking at the National Forrest Service in the Rockies, they have motorized vehicles on trails and they have trailheads; this purchase is part of the Rails to Trails Project that everyone talks and brags about; it is about 250 miles long; and on foot or horseback a person will not travel it except for maybe a handful of people.  He stated the Board should allow motorized access to areas that are not pristine; the north half of the Scottsmoor property is a pasture; and they dump the ecological solids of Titusville on that property.  He stated per Michael Knight, no on he has heard of has seen a Scrub Jay on any of this property; and per the EEL’s environmental sciences a Scrub Jay cannot be transplanted as it does not work.  He stated he hears a lot of things said that does not make any sense.  He stated one of the strong things they feel in Scottsmoor is controlled development; and they see a lot of the County like what is around everyone here go crazy.  He advised if the Board goes through with the purchase the way it is planned now, right up against US 1 and 5A, and exactly against existing houses in the City of Scottsmoor, across the street is this property; that is not growth it is death; and everyone needs to live together.

 

Environmentally Endangered Lands Manager Mike Knight stated he had a couple of items to bring to the Board’s attention.  Chairman Scarborough advised Mr. Knight also has a film today.  Mr. Knight explained he has a brief video.  Chairman Scarborough stated some people have seen the property from the ground, but Mr. Knight has a helicopter view of it. 

 

A video was shown of the Scottsmoor and AG Ventures properties.

 

Mr. Knight stated this is the third opportunity staff has had to bring this before the Board for consideration; it is staff’s perspective that this would be the last opportunity to consider this property, at least under the program that it currently has under the

Endangered Lands Program; there were a number of concerns that were brought up related to the appraisals; those concerns have been looked at and addressed through an audit process to determine that there were no problems associated with that; due to the market decline there has been a reduction in price; and the delay has given the appraisers an opportunity to update their appraisals and find additional comparable sales that justify a reduction in price.  He noted in addition, staff was able to work with The Nature Conservancy to regain the opportunity for the $3 million grant, which will also be applied overall to the purchases.

 

Chairman Scarborough requested John Denninghoff answer a few questions; stated John is in the transportation component of land acquisition; it is in the process of constantly looking at values from appraisers; he knows the Board delayed it last time so it could get a presentation on the acquisition process; and it was John who put on the presentation talking about the ability to go in with condemnation and a roadway and how there has to be a willing seller in the County’s particular case.  He inquired if there are any irregularities that would cause concern for the Board to proceed.  Transportation Engineering Director John Denninghoff responded staff reviewed the appraisals and the contract; staff focused most of its attention on the appraisals; this is the second set of appraisals that had been done; and staff did not come across what it believes as anything of any significance that would alter an opinion regarding value or the basic underlying facts associated with the property.  He stated staff does not typically talk or try to question the appraiser’s opinion as to value; staff tries to limit its review to the facts and the appraiser’s understanding of the property such that their opinion would be based on as much knowledge about the property as would reasonable be available; and staff did not find any problems with any of that or any cause of concern.  He stated one of the questions he was asked was would an additional appraisal be of value, and his opinion at this point is they would not.

 

Chairman Scarborough stated it has been mentioned that the 5A Interchange has some value to the developer; and Mr. Denninghoff provided a memorandum to him that said when the County did the Port St. John Interchange it was $13 million and he is looking at $19 million for the Pineda; and what that means in essence is that there is the ability to get on an off Main Street, Florida, which I-95 is, and that allows a person to move in many directions and do many things that without that, a person could not.  He stated value is created by the capacity to develop without a whole lot of expense.

 

Commissioner Voltz inquired is Mr. Knight going to present the management program after the purchase of the property or how is that going to be done; with Mr. Knight responding typically the procedures call for a development of a management plan within one year of the time of acquisition; stated prior to that there is a 90-day period for development of interim management plan that gets approved by the Selection and Management Committee; and then there is a series of public meetings associated with public use and those types of things, they get factored into the committee process, and then a year later, if all goes smoothly, the Board will see that management plan for consideration.  Commissioner Voltz inquired if there are options on this property as the County has had issues with it previously; with Mr. Knight responding there are no options on this property.  

 

Commissioner Nelson inquired when the program would qualify under the reauthorized Florida Forever; with Mr. Knight responding staff is in the process now of pulling together what started out as a boundary amendment to include these parcels in the Florida Forever Program; stated staff has since learned that Florida Forever is likely going to require it to create it as a new project; other than some extra paperwork staff does not anticipate any problem with that; and that is based on the fact that recently some citizens in Titusville were very successful in getting Florida Forever to accept a 97-acre parcel on Garden Street as a new project, and ultimately brought under the Brevard Coastal Scrub Project.  Commissioner Nelson inquired what the reimbursement opportunity would be and how much; with Mr. Knight responding typically the reimbursement on these, depending on where it is placed if it is a new project if it is placed under the A or B list, it would be at least eligible for 50 percent reimbursement.

 

Chairman Scarborough stated the process is good; it is good the Board is asking questions and good to have people that look at different things; but historically this Country has made major purchases.  He advised a president was offered by France the opportunity to purchase what is called the Louisiana Purchase, and he was criticized; there was a gentleman named Seward who bought Alaska, he was criticized; and he does not believe the Republican President Teddy Roosevelt was without criticism when he decided the United States needed a park system and bought Yellowstone.  He advised he does not know what is in the future, but he has a belief that this feels right; if Jefferson would have decided to wait, the situation in France may have changed and this Country would be profoundly different today; he would like to think that the Board is doing something, no just for the people of Brevard County, but for what is going to occur along the east coast of Florida and the east coast of the United States; and that is just a hope as he has no crystal ball.

 

Commissioner Voltz inquired if the money the County has is already bonded out.  Mr. Knight responded affirmatively; and stated there is an additional $15 million bonding capacity.

 

Commissioner Bolin stated she agrees the purchase is very valuable to Brevard County; it is something the Board has to go out on a limb to do; and reiterated that she agrees 100 percent that the County needs to purchase the property.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Assignment of Option for Sale and Purchase with The Nature Conservancy for Scottsmoor Partners, LLC property; authorize staff to exercise the Option for Sale and Purchase on or before September 9, 2008; and waive the billboard and billboard lease as a title defect. 

 

 

Commissioner Nelson stated government acquisition programs are at such a disadvantage; it take the County almost seven months to recycle to come back; and when a person is talking about buying it at any point in a market, it is almost impossible because it is such a public process.  He stated the Board cannot wait to see who is going to blink; the process has to be followed; the Board has followed to the letter of the law, State law and County Charter, to get to this point; and the Board is not doing anything outside what it is absolutely required to do.  He noted when he sees the 5A Interchange it looks like Palm Coast 15 years ago, and that scares him as when driving through Palm Coast now a person wonders where in the world did that come from; when you think people will not go out in the middle of nowhere to build, it is not the case; that would be such a loss of how it would divide the County and the ability for connection with the wildlife refuge all the way to the St. Johns River; and it is an absolutely critical acquisition.

 

Commissioner Colon stated this particular project was not before the Board for the first time; it has been under tremendous scrutiny by the Board; it wanted to make sure the appraisals were up-to-date; and it is very important for the citizens to understand the kind of scrutiny that was given to the property.  She stated it is upsetting when you hear things on the radio, people write Letters to the Editor, and some of those people base information on what someone told them; do not do that, do the research; and then those people will be able to see exactly what the Board is talking about.  She stated she had an individual last week who had no knowledge of what this issue is about, but all people hear is that the County is spending millions of dollars of taxpayers money to be utilized; this particular individual focused on law enforcement and that the County should be giving those dollars to law enforcement; and the Board should not be laying people off.  She advised what those people do not know is that the dollars the Board is utilizing for this purchase were voted for time and time again by the citizens; and for those folks who ask those questions, she suggested he or she do their homework and realize the dollars have to be spent for EEL’s.  She stated one of the biggest concerns just two years ago was the fact that the EEL’s dollars were not being spent fast enough; poor Mike was given the direction to hurry up and buy land as land was going up so fast; and the Board was concerned that the $60 million was not going to be able to buy the kind of land the County wanted and the citizens expected.  She further reiterated there was much scrutiny given to this property by the Board; stated to make sure that both the people who voted for it feel the Board is making a good purchase; every penny was closely watched; and she was one of the toughest regarding this issue.  She stated the people who are selling the property came to the County; a lot of folks are under the impression that the County is forcing this on these folks; and that was not the case.  She thanked the Board and staff for all of the hard work.

 

Commissioner Voltz stated there have been questions about the appraisals on the properties; the appraisals are what they are; competent people have been hired to do those appraisals; and if someone has a question regarding the appraisal process, he or she would need to go to a higher authority than the Board.  She stated the EEL’s Program has been pursuing these properties to purchase; the developers have not been pursuing the County to purchase them; one of the accusations is the developers bought the property and are now trying to pawn them off on the County; and she does not believe that is the case at all.  Mr. Knight stated the parcels have been under consideration by the Selection and Management Committee since the early 90’s, but in order for staff to pursue the acquisition those owners must be willing to submit a willing seller application for consideration.  He advised the properties have been identified for a long time and of the highest priority for consideration under the Program currently.  Commissioner Voltz inquired how many times staff negotiated with them until they agreed to sell.  Keith Fountain with The Nature Conservancy responded Commissioner Voltz is correct in characterizing this as a process of cultivation that brought these two land owners to the table; and stated there were several meetings with each of the owners before they were willing to sign the willing seller form that Mike referred to and offered these properties for sale.  Commissioner Voltz stated she did not want anyone to think that they purchased them at one price, kind of like the Sarno Road Landfill deal, and waited to do what they could and try to pawn it off on the County when that was not the case at all; the properties have been marked for purchase for a long time; and it is important for everyone to know that the Board is not just handing the money over to a developer so the EEL’s Program or County taxpayers can be ripped off.

 

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

 

     

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Assignment of Option for Sale and Purchase with The Nature Conservancy for AG Ventures, LLC and Honeybrook Development Corp. properties; and authorize staff to exercise the Option for Sale and Purchase on or before September 9, 2008.  Motion carried and ordered unanimously.  

The meeting recessed at 12:49 p.m. and reconvened at 1:04 p.m.

 

 

Environmentally Endangered Lands Manager Mike Knight stated Item VIII.B.3 was contingent upon the two previous purchases being approved; it is acceptance of the donation of the 129 acres from The Nature Conservancy; and also accepting the million dollar donation for contribution towards the previous two purchases.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute the standard Grant Contract with The Nature Conservancy (TNC); authorize the County Manager to execute any other standard documents and amendments required by TNC for acceptance of grant funds for the acquisition of Scottsmoor Partners, LLC, and AG Ventures LLC and Honeybrook Development Corp. properties; and accept donation of the Saddlebrook Tract of AG Ventures LLC from The Nature Conservancy.  Motion carried and ordered unanimously. 

Environmentally Endangered Lands Manager Mike Knight stated Item VIII.B.4 is the approval of an existing cattle lease on a portion of the Scottsmoor property that is pasture; there is a 112-acre section on which there is an existing lease; and it is staff’s interest in maintaining that cattle lease for a period of time until a restoration plan can be established.  He noted the primary reason for that is if the cattle is removed too quickly, some exotic species can bounce back too fast, and the cattle will keep them in check for that period of time until a plan can be developed.

Commissioner Nelson stated this lease is through December 2010, so basically 16 months.  Mr. Knight explained he was checking to see if there is an option to terminate earlier and he would have to look at the document to be sure.  Commissioner Nelson inquired if it is no greater than 16 months; with Mr. Knight responding affirmatively.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution and Third Amendment to Cattle Lease with Roy F. Roberts & Sons Grove, Inc. on a 112 ± acre portion of the Scottsmoor Partners, LLC property, contingent upon the County purchasing the 852 ± acre tract, with the Lease expiring December 29, 2010 or sooner with 75 days written notice by either party.  Motion carried and ordered unanimously

 

Mr. Knight stated there is one other item that is Mr. Denninghoff’s item that is related to this acquisition and that is the right-of-way vacation on the Scottsmoor Property, which is Item VI.G. 

 

Chairman Scarborough called for a public hearing to consider a resolution vacating plats, portions of plats, and rights-of-way in Scottsmoor Subdivisions – Scottsmoor Partners.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution vacating plats, portions of plats, and rights-of-way in Scottsmoor Subdivisions – Scottsmoor Partners.  Motion carried and ordered unanimously. 

Jack Kirschenbaum, representing Ms. Goldberg Johnson and Mr. Johnson, and Mr. Johns is in the audience.  He stated this matter was on the Consent Agenda; it is the denial of a vested rights application; his client did not ask for it to be pulled off of the Agenda; but he is delighted it was pulled off.  He advised Mr. Johnson and his wife purchased the house on City Point Road, north of SR 528 on the west shore of the Indian River in August 2006, 200 feet from the river; along with the purchase of the home was a small parcel on the river on River Road with a dock; they discovered there was an Army Corp of Engineer permit that permitted the dock; he came to Brevard County to get a permit to put electrical service to the dock; and Mr. and Mrs. Johnson paid $650,000 for the house, the property on the river, and the dock.  He advised unbeknownst to them, a gentleman in Rockledge was building a dock without a permit; and the County’s Building Department issued a stop-work order because that dock was going to be connected to a small parcel east of River Road that was not sufficient in size to allow an accessory use.  He noted that case went through Code Enforcement and resulted in that property owner complaining against everyone else who had similar dock situations as he; as a result, 30 or so Code Enforcement issues began and the Johnson’s were one of them; Mr. Johnson then discovered for the first time ever that for reasons unknown to him the County does not permit these docks; he filed a vested rights proceeding; and Mr. Capps found that the County did not do something that was relied upon by Mr. Johnson before he bought the house.  He stated Mr. Capps said Mr. Johnson did not, in his due diligence, come to Brevard County and ask if it was a legal dock; no one has ever done that; and had he done that, the evidence was clear, and the folks in the Building Department would not have had a problem with it as it was not the policy of Brevard County at that time to object to these docks on these small lots east of River Road.  He stated with Mr. Capps’ denial of the Johnson’s vested rights, they have to go back to the Code Enforcement Board sooner or later, but the effect is that Mr. and Mrs. Johnson’s home is worth about one-half of what they paid for it.  He stated Mr. Johnson is upside down in his mortgage, he cannot sell the property, and he has no option.  He advised what the effect of this is, is to make every person that buys a piece of property in a crap shoot; a person would have to go down to the government agency and make sure every single thing meets Code; and that is not what anybody expects or wants when he or she buys a house.  He stated Mr. Capps recommended denial of the vested rights application, but in his Order he suggests two things; he knows it is not the Special Magistrate’s job to suggest to the Board what Statutes, Ordinances, and procedures that need to be adopted; but his suggestion makes exquisite sense, and it came before the Board once before.  He advised there are 30 or so property owners similarly situated; it is unfair and unjust to make these folks rip out their docks, which will be the likely result of the Code Enforcement Board; and urged the Board to adopt Mr. Capps’ Order, approve the denial, but recommend to staff that it looks at an ordinance that cures this problem for 30 of the citizens.  He noted it is not a monumental task; it will not allow it to happen again; and it will put an end to this problem that was developed in part by the County’s inaction over the years accepting these situations.  He suggested that the Board has a finite number of problems that it can solve with the adoption of an ordinance that essentially grandfather’s these existing ones in and then put something in the public record to beware of the dock situations. 

 

Commissioner Voltz stated she is the one who pulled the item off of the Agenda; but she did not know the applicant was going to be present at the meeting today.  She stated something that bothers her is that the applicant did not contact the County’s Zoning office to determine the status of the properties; inquired who on Earth would ever buy a piece of property with a shed or a dock on it and wonder if it is legal.  She stated it does not make sense to her why the Board will make people rip down their docks for something like this; the applicant relied on the seller’s disclosure, the fact that the dock existed, and concluded the dock was legally established as an accessory use to a residence on City Point Road despite the fact it is on a substandard tract of land fronting the Indian River; and a person has to think it is legal.  She inquired how many parcels are affected; with Planning and Zoning Director Robin Sobrino responding approximately 30 parcels.  Commissioner Voltz suggested the Board approve grandfathering the docks and stop harassing the citizens to make he or she tear down a dock that they did not build.  She stated it is just government being too big and in people’s pockets; and the Board needs to make it right for some of those citizens.

 

Commissioner Nelson stated the one big difference is, if this were a piece of property that was contiguous with the water it would be one thing, but this is in effect two lots.  He stated if a person is going to buy a piece of property that has another parcel somewhere else, he or she better fully understand what their rights are to that property before they buy it and assume; and that is how the Board ends up with the circumstances with docks that should not have been permitted or allowed in the first place.  He advised he would not support changing the ordinance.

 

Commissioner Voltz stated if a normal person came to buy a piece of property he or she would not know to ask; the Board knows to ask; people who are involved in government know to ask; but reiterated a normal person buying a piece of property would not know to ask.    She stated a person would assume that if it is there as part of the transaction he or she purchased, it should be okay.  She stated the Board expects the normal, average person to come and ask the County.  She advised she wants to see those 32

 

 

docks grandfathered in and move on.  She stated there will probably be another 28 or 30 people who will probably eventually be coming before the Board; then all of those people will probably end up tearing down their docks; and inquired if that is what the Board wants to do to make its citizens do those kinds of things.  

Jimmy Johnson stated when he bought the house he went through every due diligence he possibly could; he has bought quite a few houses all over the Country; they have lived from Florida to California; they have enjoyed South Florida for the last 28 years; and for the last two years they have been in Brevard County.  He stated they moved up this way because they had a new child come along; she is now 22 months old; and he wanted to get her out of Broward County.  He stated when they bought the property they used a licensed real estate company; and he has an Army Corp of Engineers permit.  He stated he has lived on the water all of his life; he knows the important things that have to be done; and when he knows when he has State-invested waters like he does on the Indian River, which is the Intracoastal, that it is controlled by the Army Corp of Engineers.  He stated he never had any thought that the County would have any type of zoning ordinance with the property; when he received the loan from the bank they said to make sure that that lot is deeded to his lot as a Parcel A and Parcel B; and it has been that way since 1983.  He noted there have been several docks on this property; and there are steel pilings from one of the docks that got knocked out during one of the hurricanes that came through Brevard County.  He stated in December 2005 is when the issue came up that it may now be considered a substandard lot; he was shocked last year when he and his wife were served by Code Enforcement; he called Mr. Lawson and told him there must be a joke; he had a legal deed for both pieces of property; and now he is being told he is substandard and have an illegal dock.  He stated he and probably 36 other people are in the same situation he is; as bad as the economy is today, his house is going from the $650,000 he paid for it down to $325,000; and there is not a doubt he will have nothing.  He stated it will put him in the same situation that a lot of American’s are in today because someone in the past let this slip by; in December 2005 when the County found out there was such a problem with substandard lots it should have been put in public records; and if that would have been the case his title company would have picked it up and he would have never purchased the property.

 

Chairman Scarborough stated he has interest in looking at this issue; he does not think it is the time or place; requested that the issue be put off for a while; and he would like to get a copy of the Title Policy to see what the exceptions were as a matter of curiosity. 

 

Commissioner Voltz inquired if the Board wants to table the item; with Chairman Scarborough responding it does not have to be tabled as it is not a public hearing; and requested staff reschedule the item.

  

Commissioner Nelson stated apparently Solid Waste Director, Euri Rodriguez and George Geletko from Waste Management have talked about some modifications to what the Board has already been presented, and rather than discuss that he would like to have the Board consider rescheduling the item to the August 19, 2008 meeting to give everyone a chance to be briefed as there have been some discussions and some of the conditions and circumstances may be changing, so rather than trying to do that real time he would prefer to have a chance to site down in his office and talk.  He stated he wants to have this item rescheduled for August 19^th.  Commissioner Voltz requested George set up meetings with all of the Commissioners.

 

 

Glenda Busick stated she is present to discuss illegal signs that litter the roads.  She advised she called Code Enforcement and is working with the City of Melbourne.  She stated the illegal business signs litter the roads and then the County and City mowers have to mow around them; some of the signs fall down and they have the metal; and the metal gets into the equipment when trying to mow around them.  She stated she was told she could remove illegal signs; she called a couple people who were posting illegal signs, but she kept seeing the signs go back up after she took them away; and they may have been moved to a different corner or side of the street; but those signs were back.  She stated one guy she called said when she gets her life straightened out where she did not make a mistake she could come talk to him about his signs; she was trying to be neighborly before she called Code Enforcement on him; and inquired if he was aware he was not supposed to be doing that.  She advised the guy lied to her; he got so upset with her that he said he was going to call the City of Melbourne and set them straight; she called the City of Melbourne and the City had written the gentleman many letters; and he refused to do what the City wanted.  She stated these eleven signs she got from Viera Boulevard and US 1; within days they will be back; and the ones she dislikes the most are the ones that are on electric poles seven feet up.  She stated those people who put those signs on the poles know what they are doing is illegal and she wants to double the fine on them.  She stated this is not just a County problem; she hopes the Board will take the lead as all of the cities really watch what it does; and the Board can urge the cities to do this.  She stated some of the Code people say to label the signs as litter, then the police can ticket these people; and that elevates the Code Enforcement officials.  She stated the City of Melbourne get about 1,200 illegal signs a month; there are three or four people in trucks that when he or she is going to work they pick up the illegal signs; and the County Code people are helped out by the City of Melbourne.  She requested the County post a sign along some of the roadways or major intersections that says “Illegal Signs on Right-of-way are Considered Litter and can Receive a $500 Fine.”  She stated some of the violators are non-profits, such as churches.  She stated there has to be a better way of doing this; and requested the Board’s help.

 

 Chairman Scarborough requested that staff to provide a report to the Board regarding solutions on stopping businesses from continually placing signs along roadways and intersections.

 

Commissioner Voltz stated something else the Board talked about before were the For Sale signs; if it is a condo unit with 15 units for sale there will be 15 For Sale signs out front; and there are way too many For Sale signs.

 

 

 

Upon motion and vote, the meeting adjourned at 1:33 p.m.

 

 

 

ATTEST:                                                        

                                                                        ________________________________

TRUMAN SCARBOROUGH, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

 

     (S E A L)