MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

April 25, 2006

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 25, 2006, at 9:00 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, and Jackie Colon, County Manager Peggy Busacca, and Deputy County Attorney Eden Bentley.  Absent was:  Commissioner Susan Carlson.

 

 

The Invocation was given by Pastor David Rhodes, Grace Fellowship of Brevard, Rockledge, Florida.

 

 

Commissioner Jackie Colon led the assembly in the Pledge of Allegiance.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve the Minutes of January 12 Special Meeting, and March 7, 2006 Regular Meeting. Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the conversion of a part-time Geologist to a full-time status ensuring that the Petroleum Clean-up (SUPER Act) contractual obligations between Brevard County and the Florida Department of Environmental Protection (FDEP) are met.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final plat approval for Tralee Bay Shores, Phase I (f/k/a Capron Ridge, Phase 6A), subject to minor changes as applicable and developer obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final plat approval for Tralee Bay Shores, Phase II (f/k/a Capron Ridge, Phase 6B), subject to minor

 

changes as applicable and developer obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final plat approval for Tralee Bay Shores, Phase III (f/k/a Capron Ridge, Phase 6C), subject to minor changes as applicable and developer obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final plat approval for Fairway Lakes at Viera, Phase 2, subject to minor changes as applicable and developer obtaining all necessary jurisdictional permits; and execute a Subdivision Infrastructure Contract with The Viera Company guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant preliminary and final plat approvals for Water’s Edge, subject to minor changes as applicable and developer obtaining all necessary jurisdictional permits: and execute a Subdivision Infrastructure Contract with The Viera Company guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.  

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to ratify acceptance of maintenance by Brevard County of 550 feet of Lawrence Road, south of Grantline Road, upon completion of construction of the road, and approximately 500 feet of Mirkwood Road east off U. S. 1 in Mims.  Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize the Chair to execute the Project Agreement with the U.S. Department of Agriculture Natural
 

 

Resources Conservation Service for reimbursement for repairs to Margaret Street Seawall. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve and grant permission for the Chair to execute the Right–of-way Use Agreement with the City of Melbourne for maintenance of landscaping and irrigation improvements within the public road right-of-way of Apollo Boulevard from Sarno Road to Airport Boulevard.  Motion carried and ordered unanimously.  

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to accept Quit Claim Deed from Byron J. and Rhonda S. Knapp for transfer of right-of-way of Burning Tree Avenue; and waive the environmental site assessment requirement.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution authorizing the execution of the Off System Project Agreement with the State of Florida Department of Transportation for the Goat Creek Bridge on Gradick Road Project; and execute the Agreement. Motion carried and ordered unanimously.                                                                                                             

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Interlocal Agreement with the City of Rockledge for the resurfacing and transfer of Murrell Road from Barnes Boulevard south to the City; and execute Quit Claim Deed transferring ownership. Motion carried and ordered unanimously.   

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with the Department of Community Affairs for the Weatherization Assistance Program, and authorize the Chair to execute follow-up amendments contigent upon approval by the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with the Department of Education for the Child Nutrition Program to continue the breakfast, lunch, and snack subsidy for children at County Acres; and authorize the Chair to execute follow-up amendments contingent upon approval by the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution requesting financial assistance under the Florida Department of Agriculture & Consumer Services, Urban and Community Forestry Grant Program; authorize the Parks and Recreation Director to execute the Standard Grant Agreement; and authorize establishment of project budgets if the grant is awarded for Long Point and Wickham Parks.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve reclassification of one vacant three-quarter time Accountant I (PCN 5096) and one vacant three-quarter time Recreation Leader (PCN 8029) positions into a full time permanent Accountant I position. Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreement with BellSouth for long distance service for three years with an automatic one-year renewal, which further reduced the already low cost of the County’s long distance service.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the revised Tourism Development Office Operating Procedures Manual.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve an additional General Repair Technician position for Fire Rescue to provide routine, preventive maintenance, and minor repair to fire stations.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Agreements with the Cities of Cape Canaveral, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge, Satellite Beach, and Titusville and Towns of Indialantic and Melbourne Village to allow allocation of approved EMS funding to First Responder Agencies for FY 2005-06. Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve revised Policy BCC-08, Educational Assistance Program and Licensing Fee Reimbursement Program, increasing the annual maximum from $1,600 to $3,000 and the reimbursement amount for Grade B from 75% to 90% and Grade C from 50% to 75% for all Board employees participating in the Educational Assistance Program. Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolutions congratulating the North Brevard Hospital District Board, Brevard Alzheimer’s Foundation, Dr. Patricia Cripe-Manning, and Joe Steckler on the opening of the Titusville Alzheimer’s Facility.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve a five-year lease for 9,950 square feet of office space for the Investigative Support Unit and Special Investigations Unit at a cost of $11 per square foot for the first year, to be funded from current budgeted Sheriff’s Office funds.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution and execute Amendment to Joinder to Interlocal Agreement with Florida Development Finance Corporation to allow issuance of up to $7.5 million to Industrial Development Revenue Bonds for Palm Bay Academy, Inc., a charter school planning to expand in the County; and authorize a TEFRA public hearing for the project.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to appoint Peggy Nolan to Art in Public Places Advisory Committee with term expiring December 31, 2007; appoint Anne K. Frame to the Historical Commission with term expiring December 31, 2006; and appoint Thomas Redmond and Martha Wisnieswski to the Valkaria Airport Advisory Board with terms expiring December 31, 2006.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the Bills and Budget Change Requests as submitted.  Motion carried and ordered unanimously. 

 

Deputy County Attorney Eden Bentley requested the Board authorize the title of exceptions in acceptance of deed restrictions, easements, encroachments, and leases on road right-of-way involving the Medeiros parcel.  

 

Transportation Engineering Director John Denninghoff stated the property is located north of US 192 on the east side of Wickham Road; it is the Wickham Road Widening Project, adding a fifth lane and is a strip of property along a commercial property; the property owner has consented to the purchase of the strip for the benefit of the project; and the encroachments are of a nature that have little or no risk associated with waiving it.       

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to authorize waiver of title exceptions, and acceptance of deed restrictions, easements, encroachments, and leases on road right-of-way involving the Medeiros parcel for the Wickham Road Widening Project.  Motion carried and ordered unanimously.

 

Assistant County Attorney Morris Richardson stated since February of last year there have been 56 arrests at Showboat Adult World in Cocoa; a trial on this matter is set in front of Judge Silvernail at 11:00 a.m. today; just recently a settlement offer has come in from Showboat; and the Board authorized last year to move forward in an action to close down Showboat under Florida Statutes regarding the maintenance of a public nuisance.  He stated Showboat has made an offer which has been transmitted to the Board; a late offer came in exactly the same as the first offer except the length of proposed closure is longer; and this is a temporary hearing that can be reconvened after today’s injunction trial for an executive session.

 

Chair Voltz suggested an executive session, and Commissioner Pritchard agreed.

 

 

The meeting recessed at 9:15 a.m., and reconvened at 9:25 a.m.

 

 

Commissioner Scarborough stated things are happening in Tallahassee; Mark Ryan has been there on behalf of Titusville; Leigh Holt is still in Tallahassee; and they, along with Greg Lugar have put together some thoughts as the Space Agencies merge.  He stated the County donated 25 acres to the Florida Space Authority; if the County does not get the 25 acres back by July 1, 2006, it will never get the 25 acres because there will not be an entity to convey it back; the Bill is including provisions that the headquarters should be located in Brevard County near the Space Center; but the concern is there may be some forces to have the headquarters of Space Florida located in Tallahassee instead of Brevard County.  

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to authorize Mark Ryan, Leigh Holt, and Greg Lugar to prepare a letter for the Chair’s signature advising that Brevard County donated 25 acres in Spaceport Commerce Park to the Florida Space Authority; the Board requests the State, prior to dissolution of the Authority on July 1, 2006, to execute the transfer of such property back to the County; there is concern that there may be some forces to have the headquarters of Space Florida located in Tallahassee instead of Brevard County; and direct that the letter be sent to Lieutenant Governor Toni Jennings, all members of the Florida Space Authority, and other appropriate individuals.  Motion carried and ordered unanimously. 

 

 

Titusville Economic Development Director Mark Ryan stated House Bill 1489 was passed by a vote of 109 to 4; this is the new Space Florida Legislation that will merge the Florida Space Authority, the Florida Space Research Institute, and the Florida Air Space Finance Corporation; there is an opportunity to have it located in Spaceport Commerce Park; and there is potential for Strategic Intermodal System (SIS) funding as a result of Space Florida coming to Spaceport Commerce Park.

 

Larry Weber, Keep Brevard Beautiful, stated Waste Management sponsors a competition called Trash Bash amongst the Commissioners and the Cities; it will be held Saturday from 8 a.m. to 12 p.m.; a total of 330,000 pounds of trash were collected by approximately 1,700 volunteers last year; 300 of the volunteers were from Commissioner Colon’s District collecting 250,000 pounds of trash; and there are 30 sites from Barefoot Bay to Mims.  He thanked the Board of County Commissioners for supporting the appropriated $45,000 to July pepper busting on S.R. 528 east of the new bridge on both sides and by the Port Authority, which is completed. 

 

Commissioner Pritchard stated pepper busting on S.R. 528 has made the water and beach area more usable to the public for recreation.  Mr. Weber stated the Brazilian pepper trees are invasive plants that wrap around killing the other plants and now the mangroves can grow and stabilize the shoreline.  Commissioner Pritchard stated he appeared before the Port Commission last week to present a proposal for the boat ramp to be constructed at the end of North Banana River Drive and the Barge Canal; and the boat ramp will provide access for 16 boats with trailers and a dozen cars, have a face dock where the public can fish and enjoy the waterway and be managed by the County and operated by Parks and Recreation. He noted the Port Commission approved the engineering drawings.

 

 

Commissioner Pritchard extended birthday wishes to his Administrative Assistant Rose Lyons. He also extended birthday wishes to Charlotte Del Vecchio of Suntree; stated she is 90 years old; and her response to longevity is to not procrastinate, live every day to the fullest, and keep a sense of humor, especially if you have children.

 

 

Commissioner Pritchard commented on the condominium fire in Cocoa Beach and the need for an additional ladder truck. He stated the Brevard Fire Department formed a Committee to evaluate the need, height, and associated costs for a ladder truck.  He stated the Brevard Fire Department’s Committee will have an answer in May 2006.

 

Chair Voltz stated Commissioner Carlson is not present but she normally handles the Arts. President of the Melbourne Chamber Music Society Myers Mason stated the Melbourne Chamber Music Society has brought to Brevard for 28 years international renowned musical ensembles.  He stated chamber music is classical music specifically composed for a small group space or chamber and is usually performed by a small group of musicians, instruments, or voices; chamber music has a variety of styles, instruments, and moods; and it prides itself in bringing to Brevard the finest groups from around the world.  He stated the musicians are frequently playing in Carnegie Hall, the Kennedy Center, and in Brevard County; the Melbourne Chamber Music Society sponsors coaching for local students and involves the Air Force Reserve Officers Training Corps (ROTC) cadets from Satellite High School that help with ushering and parking, giving them the opportunity to hear the music and in hope to spark an interest; and it has brought to Brevard the Vienna Piano Trio, the Kuss String Quartet from Germany, the Julliard String Quartet from New York City,  American Chamber Players,  and the Auryn String Quartet from the Kennedy Center in Washington, D.C.   He stated for any questions there is a display table in the lobby or call 956-8775.

 

 

Commissioner Colon extended birthday wishes to Charlotte Del Vecchio.

 

 

 

Commissioner Colon encouraged the community to visit the Vietnam Wall. She stated it was expensive to move the wall to Brevard County; the residents in Brevard moved it themselves and had an opening ceremony; there is still a remainder balance of approximately $80,000; and she would like to have the Board discuss and consider including it in the budget.

 

 

Commissioner Colon stated she attended the 2006 Regional Strategic Summit Program with Commissioner Carlson.  She stated the Assistant Secretary of Transportation discussed at the Program information on mass transit and growth management; and Brevard County in 2005 had 531,000 residents, and is projected in 2030 to be approximately 754,600 residents.

 

Commissioner Colon stated in one of the local high schools a young man put in writing that he was thinking about harming and killing his classmates.  She stated last year, relatives of a girl killed at Columbine, came to speak to the community regarding signs to look for in adolescents who are contemplating some kind of violent act, peer pressure, family issues, and social acceptance as a teenager; the upcoming event will contain humor, media presentations, live music, videos, sketches, and real life experiences; and it  will take place Monday and Tuesday at 7:00 p. m. at Calvary Chapel in West Melbourne.  She expressed appreciation to Calvary Chapel, Andretti Theme Park, and Palm Bay Police Department for sponsoring this event.

Commissioner Colon stated she made the comment to have a workshop and share the letters being received regarding how the Administration of TiCo Authority is being conducted; the Chairman and Executive Director of the TiCo Board are present; and she thought at the next meeting held the Executive Director would let the Board members of the TiCo Authority know that the Board of County Commissioners sent the invitation out so in May a productive workshop could be held. She stated she sent one of her staff to observe the meeting and retain feedback but unfortunately it was not under the Executive Director’s report; he had no intentions of sharing it with the Board of Directors that the Board had requested the meeting; there was one TiCo Board member who mentioned that the Board was eager to speak with them; and he was kind enough to mention it at the Board meeting. She noted it was not the members job to do that, it was the Executive Director’s job to do that; the feedback was not positive; some Board members made comments that they would not even come to the meeting and it was a waste of their time; but the County still needs to go forward with the workshop on May 23, 2006; and requested that it begin at 5:00 p.m. so working citizens may be able to attend.  She stated Commissioner Scarborough mentioned future expansions and positive things going on in the north part of the County; Chair Voltz inquired as to the relationship between the Board and TiCo Authority because the comfort level is not there; numerous letters have been received with comments; and one of the comments made was they were sad to hear that the Board of County Commissioners did not feel it was under its jurisdiction and therefore it was none of their business.   Commissioner Colon stated when there are residents in the community who feel that helicopters are flying too close to their homes in the evenings, causing a nuisance, then it is the problem of the Board of County Commissioners because those are residents who are being impacted by this; it is the Board of County Commissioners that appoints the Board of Directors of the TiCo Authority, so therefore it is the responsibility of the Board; and there are numbers such as a quarter of a million dollars in the red, and the Board of County Commissioners allows a quarter of a million dollars to go to TiCo Airport.  She stated she believes it is the jurisdiction and the responsibility to inquire to them what is going on; she spoke to the Clerk of the Court and he shared that an audit should be requested; and requested the Board of County
Commissioners authorize an audit of the TiCo Authority.  Chair Voltz inquired if audits are received from the TiCo Authority annually.

 

Commissioner Scarborough stated he does not know if it is within the Boards perview to proceed and to what extent; and requested an answer from the County Attorney’s Office before making a motion.  He commented on phone calls from members; stated one member expressed a lack of interest but other members have expressed an interest; there was a confrontation with the Director of the TiCo Authority and Karen Andreas when she was on the Board; and the objective should be an end result of a viable airport.  Chair Voltz stated one Commissioner having a problem with TiCo Authority is different than quite a few of tenants and pilots.  Commissioner Scarborough stated it led to a shift in everything happening in a negative manner. 

 

Commissioner Pritchard stated the TiCo Authority is an unusual Board because the County Commission recommends the appointment, the Governor confirms it, and once recommended it is out of the Board’s hands, but because they are on the tax roll the Board has a responsibility to ensure they are operating in accordance with proper procedures.  He stated his concerns; and advised the meeting needs to be held so the Board can confirm or eliminate the allegations.

 

REPORT, RE:  LIFE CHOICES EVENT

 

Commissioner Pritchard commented on the Life Choices event and the extraordinary explosion of violence in the schools.  Chair Voltz stated lack of religion in schools is the reason.

REPORT, RE:  TICO AIRPORT AUTHORITY

 

Discussion ensued on scheduling a time and date for the TiCo Airport Authority meeting. Chair Voltz stated it will be held in the Florida Room on May 18^th, 2006 at 5 p.m. 

 

 

Chair Voltz introduced Beth McMillen, Assistant Director for the Marine Resources Council.

 

Beth McMillen presented the Invasive Management Plan for the Indian River Lagoon National Scenic Byway; stated this plan was created by the Marine Resources Council with funding from the Florida Department of Transportation; the corridor runs on U.S. 1 and A1A from Titusville down to Wabasso; and the Council is looking to extend it to the southern border of Indian River County. She stated the challenges on the corridor are the invasive species; they impact the scenic resources of the corridor by obscuring the views and vistas; they eliminate the native species in the native habitat; they block recreational access to the Lagoon; and they impact recreational fishing and bird watching.  She stated the Plan has the information needed to educate the public, partner, find funding, organize events, and target areas; and in the back section it has a series of maps which cover the entire corridor and delineate the Brazilian pepper, Melaleuca, and the Australian Pine that are located along the corridor. 

 

 

Chair Voltz stated she spoke with the Homebuilders Association regarding impact fees and other issues; the Association suggested the County can cut back on its costs so it can in turn save the homeowner money; the Association would like to discuss with the Board some of its issues that it had for a number of years to save the homeowners money; and suggested an evening workshop.  Commissioner Colon agreed a workshop would be positive; and suggested the Homebuilders Association members have a meeting with Ed Lyon, Permitting and Enforcement Director, before the workshop so they are aware of changes already in process.

 

 

Chair Voltz stated there are problems with resort dwellings; they are still advertising on the Internet; and they are still having people come into their homes. 

 

Assistant County Attorney Terri Jones explained the problem with resort dwelling enforcement is it is a private transaction, which is hard to prove; advised a solution to the problem is to have a standard put into the Code; and that way if advertised as a vacation rental, vacation resort, short- term rental, or short-term resort rental, it is assumed they are one and they must prove they are not.  She stated if Code Enforcement finds two different occupants of a non-homesteaded property it is assumed to be a resort rental and puts the burden on the property owner to prove that they are not; it is a rebuttable presumption; and it is in the junk vehicle Ordinance.  She noted another problem is the State definition which has more than three times in a calendar year; this means Mr. Bowen’s staff has to go out three times and verify, can only write a citation the fourth time and only send it to hearing the fifth time and start again January first.  She requested a legislative intent and permission to advertise a public hearing in the near future.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to advertise a public hearing to consider an amendment to the Ordinance concerning resort dwellings.  Motion carried and ordered unanimously.        

 

 

 

Chair Voltz read aloud a letter of gratitude to the Brevard County firefighters from Falcon Realty regarding the wildfires near the Wickham Business Park Complex.

 

 

Chair Voltz stated she went to the Clifton Schoolhouse event; and presented an Agreement from Kennedy Space Center regarding the Clifton Schoolhouse, property, and use to Ms. Busacca.

 

Commissioner Scarborough expressed thanks to Roz Foster.

 

 

Chair Voltz read aloud a letter of concern from Fred Galey, Supervisor of Elections, including election equipment has been purchased but storage space is needed, additional funding is needed and authorization for another equipment technician for additional elections equipment, the current staff cannot reasonably accomplish the set up and testing in the allotted time, and this needs to be addressed before the Primary and General Elections in 2006.

 

Discussion ensued concerning space available possibly at the Cash n’ Karry, Sheriff leasing space, and other options to meet the criteria needed.

 

Commissioner Pritchard recognized Billy Osborne, Director of Road and Bridge; and read aloud a letter of gratitude from the Whispering Pines Lakeview in Catalina Village Homeowners Association.

 

Mr. Osborne expressed his thanks for the honor and gratitude. He stated he works with a great group of people who deserve the credit also.

 

Commissioner Colon read aloud a Resolution recognizing Marcia B. Mario.

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution recognizing Marcia B. Mario for her dedicated service to the citizens of Brevard County, outstanding advocacy record, and years of volunteer service, and wishing her good health and happiness in the years to come.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon presented the Resolution to Ms. Mario.  Marcia Mario thanked the Board; and stated this was an unexpected honor.  She stated Sunflower House is a community house that has partnered with hundreds of other non-profit organizations; it is not just for elderly citizens; the oldest volunteer is 99 years old and the youngest is in her twenties; and the house was built by 11^th and 12^th graders from five different high schools across Brevard County.  She stated in the Merritt Square Mall the Sunflower House has 4,000 square feet, a house with a rocking chair on the front porch, and a library with a fireplace; anyone of any age can stop in and find a friend along with information and coffee, and support is offered for a variety of situations.

 

 

Commissioner Pritchard read aloud a Resolution proclaiming Hurricane Awareness and Preparation Month.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution proclaiming the month of May 2006 as Hurricane Awareness and Preparation Month in Brevard County.  Motion carried and ordered unanimously.

 

Chair Voltz encouraged everyone to attend a seminar presented by Emergency Management.

 

Emergency Management Director Robert Lay, National Weather Service representative Bart Hagemeyer, and Brevard County Litigation and Coordination representative Mary Bolin accepted the Resolution.  Mr. Lay stated there are still 140 families living in travel trailers in Brevard County.

 

 

Commissioner Colon read aloud a Resolution proclaiming National Child Abuse Prevention Month and recognizing the 10^th Anniversary of the Children’s Advocacy Center.

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to adopt Resolution proclaiming the month of April 2006 as National Child Abuse Prevention Month and recognizing the 10^th Anniversary of the Children’s Advocacy Center.  Motion carried and ordered unanimously.  

 

*Chair Voltz and Commissioner Carlson’s absence were noted at this time.  Commissioner Pritchard was selected to Chair this portion of the meeting.

 

Children’s Advocacy Center of Brevard Representative Sherry Hoover accepted the Resolution; stated examples of children they assist are typically sexually abused victims, white female, seven years old, by a family member, distant family member, or friend or family relative.  She stated the victim would then go to the different agencies that are housed under their roof to receive different programs and needed services including crisis counseling at the facility.  She thanked the Board and encouraged the community to keep its focus to looking for the children who need support and help.

 

*Chair Voltz’s presence was noted at this time.

 

Commissioner Colon expressed her gratitude for the work that everyone has done at the Children’s Advocacy Center; and encouraged the Director of the Center to attend the Board’s budget process because funding is critical.

 

The meeting recessed at 10:37 a.m., and reconvened at 10:42 a.m.

 

Chair Voltz stated an error was made on the Consent Agenda item that was pulled; and Consent Agenda items I.B.5., I.B.6., and I.B.7. need to be pulled instead of I.A.5., I.A.6., and I.A.7. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to reconsider items I.B.5., I.B.6., and I.B.7.  Motion carried and ordered unanimously.

 

Chair Voltz stated the Board can move forward with items I.A.5., I.A.6., and I.A.7. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to hear Consent Agenda items I.A.5., I.A.6., and I.A.7.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon to approve the Unpaved Road Agreement, accept the six deeds for roadway and drainage retention, and authorize the Chair to sign the Unpaved Road Agreement for construction of a road in existing County right-of-way under the Unpaved Road Code of Ordinances, Section 62-102.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon to waive the five-acre minimum requirement for two lots sharing the same access easement strip under Section 62-102 of the Code.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Colon to approve and authorize the Chair to sign, the final plat for Fairway Lakes at Viera, Phase Three.  Motion carried and ordered unanimously.

 

Chair Voltz stated Walter Pine pulled items I.A.1., I.A.2., I.A.3., I.D.4., and I.D.5.; and he will be allowed 10 minutes to speak on all of them.

 

Walter Pine stated he objects to having been requested to comment on the items together.  Chair Voltz gave Mr. Pine an opportunity to speak on all the items together.  Mr. Pine objected to the manner in which things were handled.  Chair Voltz stated that is the way it is going to be done.  Mr. Pine stated he would stay there until he was removed from the podium.  Chair Voltz requested a police officer.  Commissioner Scarborough expressed his concern with the way things were being handled.  Chair Voltz stated she gave Mr. Pine 10 minutes to speak on all the items.  Mr. Pine stated it was an attempt to conceal the reasoning behind the movements.  Chair Voltz denied the allegations.  Mr. Pine stated he is asking what the policy has been and the behavior has been on all the issues previous to this point.  Mr. Pine was escorted by a police officer out of the Commission Chambers.  Chair Voltz requested the meeting proceed. 

 

 

Chair Voltz stated Thelma Roper will have 10 minutes to speak on all of her items. Ms. Roper stated she put items I.B.5., I.B.6., and I.B.7. together since they are all related to Space Coast Area Transit (SCAT); she is not opposed to any of these items; and she has questions because a couple of these are for grants and one especially a corridor grant. She stated she understands S.R. 520 and A1A  are tightly compacted but in North Brevard there is one bus that runs; and it runs from the south end to North Brevard and makes a loop so there are actually two buses, one going north and one going south at the same time.  She noted it goes over to Cocoa or Merritt Island when it leaves Titusville and then goes south; it only goes as far north as Brevard Community College; there are a significant number of citizens in the more rural north area of Brevard; and not just disability services are needed. She stated she understands profit is at a minimum but she would like to see at least a smaller bus that would run from the outer lying areas to connect with the other buses. She inquired if there would be some kind of grant to assist. Chair Voltz stated when Ms. Roper is finished Transit Services Director Jim Liesenfelt will address the issue.

 

Ms. Roper stated fraternization is not allowed in the policy but it proceeds to say, if fraternization is done or the policy is violated, there will be discipline up to termination, but there is no idea of what the disciplines might be. She inquired if the policy is going to be Countywide and are other County agencies going to follow this policy.  She stated she does not want to say people cannot take off, help, and assist; people have done this in the past; she feels that creating this paid disaster leave is going to take away from the volunteerism; and she does not want emergency/disaster workers getting double wages.

 

Commissioner Pritchard advised I.D.4., Non-fraternization Policy, states directives that supervisors or management shall not be involved in a romantic or sexual relationship including dating with an employee that he or she directly supervises.

 

Chair Voltz stated she never read where it said not to fraternize.  Human Resources Director Frank Abbate stated the policy establishes that there should not be that type of relationship going on, however there is a recognition that people may become interested in one another and if they are going to start that type of relationship they have an obligation to notify his or her supervisor so there is notice of it and appropriate action can be taken; in terms of how this policy is put together, it is actually modeled after ones that the Clerk of Courts and the City of Palm Bay, have and is consistent with those policies; in terms of other Charter Officers, they have their own policies, and whether they chose to adopt something similar is not really something the County has dealt with.

 

Mr. Liesenfelt  stated there are two buses that serve the Titusville area; route one operates from Titusville to Viera and Palm Bay; route two circulates throughout the City; and routes have gone to the Mims area off and on for the last 15 years with very little success but that area is served by paratransit, which is door-to-door reservation.  Mr. Liesenfelt noted a good example is veterans who live up in Mims; SCAT takes them paratransit to route one and route one drops them off at the front door of the VA clinics; and Mims is an area that is continually reviewed to see if it needs more services.

 

Mr. Abbate stated the policy on emergency/disaster leave developed so employees not in the position to donate financially when there is a major disaster can donate their earned leave into a pool and an outside relief agency can draw up to two weeks from that pool of leave that is donated by other co-workers. Mr. Abbate stated people do it as part of their job; and the County has a mutual aid pack that is specifically excluded from this. Chair Voltz stated Animal Control is a good example.  

 

Commissioner Colon expressed her thanks to all the employees who volunteer their leave time.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon to execute Contracts with University of Central Florida and Geomar Environmental Consultants, Inc., regarding marine turtle monitoring.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution amending Brevard County Marine Advisory Council.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve grant application to National Fish and Wildlife Foundation for marine turtle hurricane mitigation projects.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon to adopt an authorizing Resolution, execute Grant Application form, and authorize use of Department of Transportation Toll Revenue Credit for the FY 2007 Urbanized Area Formula Program Public Transit Capital and Operating Assistance grant from the Federal Transit Administration in the amount of $4,130,000 for Space Coast Area Transit (SCAT); and authorize execution and submittal of grant application electronically upon approval of the County Attorney and Risk Management and additional follow-up documents necessary to secure the funds.  Motion carried and ordered unanimously.   

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolutions and execute Joint Participation Agreements with Florida Department of Transportation for transit corridor grants for S.R. 520 and S.R. A1A fixed route bus service.  Motion carried and ordered unanimously.   

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve and adopt SCAT Transit Development Plan FY 2007 update.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve proposed Policy regarding non-fraternization.  Motion carried and ordered unanimously.                 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve proposed Policy regarding emergency/disaster leave.  Motion carried and ordered unanimously.                               

 

 

City of Satellite Beach Community Development Director Bruce Cooper stated the Mid Reach Program is an area that has not been re nourished although it received re-nourishment to dunes on emergency basis; during 2005 the County submitted a joint coastal permit application for a beach re-nourishment of the Mid Reach area; and a message was received yesterday through Virginia Barker indicating different comments have been received from the Army Corps of Engineers, which he read aloud.  He stated Ms. Barker has indicated unless otherwise directed she will continue to pursue this permit application; during the last major hurricanes there was devastating erosion; 14 out of 15 beach accesses were destroyed; and the City is continuing to do what it can.  Chair Voltz inquired if Mr. Cooper received Ernie Brown’s response to that.  Mr. Cooper replied Mr. Brown was out of town and Ms. Barker indicated the County would pursue the permit.

 

PUBLIC COMMENT – THELMA ROPER, RE:  RESOLUTIONS RECOGNIZING AWARENESS          MONTHS                                                                                                                                       

 

Thelma Roper stated awareness months should be recognized at the beginning of the month rather than the end of the month.  Chair Voltz replied sometimes the Resolutions are not received until later.  Ms. Roper expressed her thanks; and stated she was leaving to go to the jail.

 

 

Richard LeAndro expressed his concern with what is going on with the City of Titusville and the Interlocal Agreement on parks; explained he was not able to attend the previous meeting due to personal problems; requested the County sever the Interlocal Agreement with the City of Titusville; and stated the City of Titusville continuously, after committees meet, comes in at the last minute, interferes, breaks up the meeting, and causes problems.  He stated since 1992 he has been trying to save it by bringing in consultants, money, getting the bids out, and bringing everything to the City’s attention that the old pavilion and building could have been saved. He stated twice surveys were done by the City and the Chamber of Commerce in the 70’s and early 80’s and over 5,000 people came to visit the pier, fish, shrimp,  and spend money in Titusville. He stated the plan that is out there now is what the City designed and he was approached by citizens to develop a plan that is a veterans memorial fishing pier; the City had a staff person circulating amongst the crowd at the meeting stating “you either take what we give you or you are not going to get nothing at all.”  He stated there was $795,000 set aside for the building and pavilion; it has cost over $1,000,000 and still money is needed; the City of Titusville had $150,000 of park impact fee money that it collected from homes, businesses and everything else, and it did not turn that over to the County when the County took over the Interlocal Agreement to run the parks; and the City used the money to realign the roadway.

 

Commissioner Scarborough expressed his thanks to Mr. LeAndro for his time with the bridge, and explained it is a very complex issue.  He stated 17 years ago the County eliminated a direct contribution to the City of several hundred thousand dollars a year, and enacted an MSTU in the City at the same level as in the County; in doing that it realized a lot of administrative control would be given up; and the City makes appointments and gets very much involved. He explained the Parks and Recreation Committee has autonomy independent of both the City Council and the Commission under some of these agreements partially appointed by the County and partially by the City.  He stated the County could extract a particular park from the Agreement, but once in the relationship it would be a very complex and difficult divorce.  Mr. LeAndro stated the County should go after the $150,000, and agreed with Commissioner Scarborough that it is a very complex issue; however, Commissioner Scarborough lives in the City and wanted this Interlocal Agreement knowing the City has never maintained anything in the City of Titusville like buildings falling apart, and police stations that the firemen had to live in that were rat and chemical infested.  Commissioner Pritchard empathized with what Mr. LeAndro is going through and strongly encouraged the aggressive cooperation with the City and the County regarding this piece of construction; and stated the County also needs to start looking at the municipalities taking over some of the operations at County parks.  Commissioner Scarborough stated it is more than saying take over some parks; a Parks and Recreation system would have to be created again, and MSTU, and how is it refunded; and the City at any time can remove a park.  Discussion ensued on what level the parks should be handled.

 

 

Chair Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in Bel Aire Estates, Section One, as petitioned by Thomas E. Sousa.

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution vacating a public utility and drainage easement in Bel Aire Estates, Section One as petitioned by Thomas E. Sousa.  Motion carried and ordered unanimously. 

 

 

Chair Voltz called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Lanier Worldwide, Inc.

 

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to adopt an Ordinance granting economic development ad valorem exemption to Lanier Worldwide, Inc., providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Lanier Worldwide, Inc.; providing an effective date.  Motion carried and ordered unanimously.   

 

Chair Voltz called for the public hearing to consider an ordinance granting economic development ad valorem exemption to Medsolutions, Inc.

 

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to adopt an Ordinance granting an economic development ad valorem exemption to Medsolutions, Inc., Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Medsolutions, Inc.; providing an effective date.  Motion carried and ordered unanimously.                                

 

 

 

Chair Voltz called for the public hearing to consider an Ordinance amending Chapter 62, to add self storage mini-warehouses to BU-1 zoning classification.

 

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1102 to provide a definition of “Self Storage Mini-Warehouses”, amending Section 62-1837.5 to provide conditions for “Self Storage Mini-Warehouses” in the BU-1 zoning classification; amending Section 62-1482 to add “Self Storage Mini-Warehouses” to the List of permitted uses with conditions in the BU-1 zoning classification; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances.  Motion carried and ordered unanimously.                              

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Chapter 62-1102 and 62-1572, to add non-governmental organizations to GML zoning classification.

 

There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to move ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-1102, to add a definition of “Non-Governmental Organization”; amending Section 62-1572, to add “Non-Governmental Organization” as a permitted use in the GML zoning classification to the second public hearing.  Motion carried and ordered unanimously.

 

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Chapter 62, Section 62-2110, floor area ratios.

 

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-2110 providing for maximum floor area ratios in commercial land use designations; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve and authorize the Chairman to sign the Contract for Sale and Purchase between Brevard County and Morganton Group, Inc., owner of a parcel of land lying south of Barnes Boulevard. for the Barnes Boulevard Widening Project in Section 21, Township 25 South, Range 36 East.  Motion carried and ordered unanimously.                            

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant permission to advertise a public hearing on May 9, 2006 to consider modifying the fee for the treatment and disposal of septic tank and food service wastes, and authorize the Utility Services Department to provide appropriate public notice.  Motion carried and ordered unanimously. 

 

 

 

 

 

 Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant final plat approval for Judge Jamieson Way in Viera, subject to minor changes, if necessary, and receipt of all necessary documents required for recording, and developer responsible for obtaining jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to award Proposal #P-3-06-11, Vacation Planner, to Gannett, Inc. d/b/a Florida TODAY; authorize Tourist Development Council Chairman Kendall Moore, Assistant County Manager Stockton Whitten, Assistant County Attorney Barbara Amman, and Tourism Development Director Robert Varley to negotiate a Contract to include the United Kingdom (U.K.) and vicinity advertising on a year to year basis, set-up, design, layout, and term to be effective three years with an option to renew an additional two years; and authorize the Chair to execute the negotiated Contract.  Motion carried and ordered unanimously. 

 

Chair Voltz called for the public hearing to consider resolution vacating a portion of a drainage easement in Section 36, Township 24S, Range 36E (Harbor Island Project) as petitioned by Pulte Home Corporation (Shutts & Bowen Law Office).

 

Nancy C. Bruder stated she has no objection to the continuance and it is her understanding that Commissioner Carlson, as well as the Pulte representative Shutts & Bowen have requested the continuance on the issue because the items remain unresolved.  She requested the Board not let Pulte use this continuance to keep buying them time and stated she still has water in her

home after three years. 

 

Commissioner Pritchard stated he spoke with representatives of Pulte and Shutts & Bowen and strongly encouraged them to resolve the conflicts.  

 

Pulte Homes’ representative, Chuck Costar with Shutts & Bowen Law Firm stated Pulte is taking action to look into these matters.  Chair Voltz stated three years has been enough time to resolve these matters, the homeowners have suffered a lot, and somehow the issues need to be resolved by May 16, 2006.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to continue the public hearing to consider a resolution vacating portion of drainage easement in Section 36, Township 24 South, Range 36 East (Harbor Island Project), as petitioned by Pulte Home Corporation (Shutts & Bowen Law Office), to the May 16, 2006 Board Meeting.  Motion carried and ordered unanimously.

 

Chair Voltz called for the public hearing to consider resolution vacating rights-of-way in Orange Gardens Subdivision, as petitioned by William P. Turnbaugh.

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to continue the public hearing to consider a resolution vacating rights-of-way in Orange Gardens Subdivision, as petitioned by William P. Turnbaugh, to the July 11, 2006 Board meeting.  Motion carried and ordered; Chair Voltz voted nay.

 

Maureen Rupe requested assurance for the community that the project will be done in a timely manner. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize the Road and Bridge Department to perform the services necessary for construction of the Port St. John Parkway/Golfview Avenue Project.  Motion carried and ordered unanimously.

 

 

Chair Voltz called for the public hearing to consider ordinance adopting 2005B Comprehensive Plan amendments. 

 

Commissioner Scarborough distributed handouts; and stated he spoke with Laurilee Thompson regarding the relationship between the property looked at and the property previously changed from industrial to four units; just a few months ago the property both to the north and to the east in the Comprehensive Plan moved from industrial to four units; a Comprehensive Plan with four units does not mean there are four units; Rodney Thompson is the engineering firm; and they have indicated about two and a half units.  He stated they were going to design for water retention, environmental lands along the tracts to the east; and he feels this is a property that could go to four units with full knowledge that is a maximum and not a guarantee that they get four units. 

 

Commissioner Pritchard stated the Agenda Report states the amendments were reviewed by the LPA and all amendments were recommended for adoption except B.2.

 

Planning and Zoning Director Robin Sobrino stated the LPA was not aware of the adjacent properties that recently had Comprehensive Plan amendments in the previous amendment cycle, and as such, they were not aware that Residential 4 was approved on property neighboring the subject property. Commissioner Pritchard inquired if Ms. Sobrino felt the LPA would have supported it.  Ms. Sobrino stated she believed the LPA would have seen that it was consistent with its previous actions and the Boards previous actions in this area.

 

Commissioner Scarborough stated there has been some residential re zoning on Jay Jay Road; north on Hammock Road it has historically been an industrial area with the
spur tract, the railroad tract that goes over to the Space Center; but what is evolving is a residential element.

 

Commissioner Pritchard stated the problem is that a lot of the designations were done in the 70’s or 80’s when it was given R-15 or R-10, yet the neighborhoods have not built to that higher density; but someone considering purchasing property may look at the Future Land Use Map and see that it says RU-2-15 and assume that is what they can do.  He stated maybe an outside firm needs to be hired to review the future land use and make it compatible so the people will know now that this area will always be AU and so on.

 

Commissioner Scarborough stated Commissioner Pritchard’s suggestion should be considered; the County has two Comprehensive Plan changes, one for the north this one that is wrapping this particular property; and the County had some very good meetings.  He stated they brought staff in with the community and talked about roads, water, drainage, and environmental questions; and they were about to suggest going for a small area plan instead of individuals coming one by one, but then it lost staff. 

 

Commissioner Pritchard inquired how long it would take to hire an outside firm.

 

Ms. Sobrino stated because of the public involvement aspect of it, it would be best to break it down into geographical portions of the County and deal with different sections at a time rather than try and do the entire County.

 

Commissioner Pritchard inquired about the support of the adjacent cities.  Ms. Sobrino stated that is a task that is being tackled with the Space Coast Growth Management Coalition where  they are recognizing that there are interface areas between cities and the County, and as part of this process they are going to be looking at those interface areas through the Joint Planning Agreement and arrive at decisions as to what they think the appropriate density within those interface areas should be so they can achieve some sort of sensible transition between the County and the City.

 

Commissioner Pritchard stated his office conducted a citizen survey, which has growth management as an overwhelming number one issue. 

 

Commissioner Colon stated the Coalition has a task of encouraging the Cities and it will be brought up at the Space League of Cities and City Managers’ meetings to have each city give an idea of how far it will be going, for example, Cocoa how far west, and Palm Bay how far south and west are they planning on going. She stated some cities have submitted their vision and comprehensive plan to see how far they want to go.

 

Discussion ensued regarding growth, utilities, and timelines with zoning issues in the County.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to withdraw Comprehensive Plan Amendments: 2005B.1, 2005B.5, 2005B.6, 2005B.7; approve Amendments 2005B.2, 2005B.3, 2005B.4, 2005B.8, 2005B.9, 2005B.10, and 2005B.11; and adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; Entitled “The Comprehensive Plan”, setting forth Plan Amendment 2005B; amending Section 62-501, entitled contents of the plan; specifically amending Section 62-501, Part XI, entitled the Future Land Use Element; specifically amending Section 62-501, Part XIV, entitled the glossary; and specifically amending Section 62-501, Part XVI(E), entitled the Future Land Use Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.  

 

 

OPTION AGREEMENT FOR SALE AND PURCHASE WITH J & S CURB/CONCRETE, INC. AND THE NATURE CONSERVANCY, RE:  PROPERTY NORTH OF CANAVERAL            GROVES BOULEVARD                                                                                                          

 

Environmentally Endangered Lands (EEL’s) Program Manager Michael Knight stated this item was tabled from the last meeting; the primary issue is the item had been put under Consent Agenda; it was supposed to be under New Business; and it is brought back today as matter of procedure.

 

Chair Voltz read aloud a letter from Clerk of Courts Scott Ellis regarding EEL’s land purchases not following acquisition procedures in the EEL’s Program Land Acquisition Manual.

 

Mr. Knight responded the first issue under the assessment, what is seen listed under the Property Appraiser’s website is a 2005 value and that 2005 value is a value based on 2004, 2003, and 2002 sales, so when the values eventually get updated for 2006 those values will still be based on 2005, 2004, and 2003 and are not representative of what the values really are in those areas.  He stated the appraisals are a better snapshot of that. He stated as far as not following procedures, the only procedure that the EEL’s Program is aware of with an issue is if the item has a value of $100,000 or more it goes under New Business, and these inadvertently got put under Consent Agenda.  Mr. Knight provided a copy of comparative analysis of the County Policies in AO-37 and BCC-24 for land acquisition and how they compare to the EEL Program policies, and pointed out both are named in the Policy, and specifically the EEL Program has a section related to appraisals.  He stated the only difference in the Policies that the County has and what EEL’s is operating under with the land acquisition is related to negotiations, which is the selection committee and management have authorization in the Land Acquisition Manual to direct staff to begin negotiations where the other policy has staff come back to the Board for that. Chair Voltz inquired if Mr. Knight feels the guidelines for land acquisition are being followed. Mr. Knight replied absolutely. Mr. Knight further discussed how the land is selected and the criteria. 

 

Commissioner Scarborough stated the Commission created a study group because it got things going between Port St. John and Canaveral Groves, and David Houser who is one of the gentleman that serves on it sent him an email; and he asked that Mr. Houser contact each of the Commissioners.  He stated he had Keith Fountain with The Nature Conservancy contact Mr. Houser;  the Committee did not ask for the financial analysis and asked for the quality for environmental purpose, so in having the Committee they have been asked to get into that; and as issues arise that questions purchases.  Commissioner Pritchard stated he spoke with Mr. Houser, and Mr. Houser stated his property is not too far away and considers it much less.  Commissioner Pritchard further stated new appraisals could come in higher and he feels it would be wise to put off the purchase of this until the issue is resolved of a realistic price of the property.  County Manager Peggy Busacca inquired how the Board suggests this is to be accomplished; and stated the County frequently uses a review appraisal, occasionally using a third appraisal.  Mr. Knight stated a review appraisal was completed in addition to the two appraisals.  Commissioner Pritchard stated in some things with the County’s acquisition the appraiser made certain assumptions that were incorrect, such as the cost of access to the property, and percentage of wetlands.  He stated there are knowledgeable people such as Mr. Houser and others, and they can get that information to the County’s current appraisers to see if they want to reexamine.  Chair Voltz agreed with Commissioner Pritchard.

 

Mr. Fountain stated the Contract has been deferred once already and he wants to make sure everyone understands that the seller may not want to stay in this Contract if not assigned today. He read aloud a couple of sentences from the review appraisal; stated the appraisals were completed by two MAI appraisers that are on Department of Environmental Protection’s (DEP) list and have done a lot of business with Brevard County and DEP through the years; and the appraisals were then reviewed on the desk and in the field by a review appraiser on DEP’s list.  He stated the wetland percentage was well known to the appraisers at roughly 60/40. 

 

Discussion ensued on appraisers that are on and off the DEP list. Chair Voltz inquired as to the cost of the appraisals.  Mr. Knight replied the cost of each appraisal is $5,000.  Chair Voltz stated she felt another appraisal would be worth it.  Ms. Busacca suggested the County has several appraisers that are under contract through Transportation Engineering that could be used.  Chair Voltz agreed.  Commissioner Pritchard requested Ms. Busacca make sure they are not on the DEP list.  Ms. Busacca inquired if they are on the list should she go through the bid process and find another one.  Commissioner Pritchard stated that would be fine. 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to direct staff to seek a third appraisal for property north of Canaveral Groves Boulevard; provide each Commissioner with a copy of the appraisals and assumptions; authorize staff to use an MAI appraiser under Contract through the Transportation Engineering Department, and make sure the appraiser is not on the Department of Environmental Protection (DEP) list; and review if incorrect assumptions were made, and allow input from any interested party who has suggestions and recommendations, such as Mr. Houser.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Voltz, to recess the regular meeting of the Brevard County Board of County Commissioners and convene the meeting of the Board of Governors of the Barefoot Bay Water and Sewer District.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Voltz, to execute Lease Agreement with Snug Harbor Master Association for storage of recreational vehicles; and authorize an initial lease payment credit of $4,300, which is the amount of prepaid RV space fees the County has collected for future RV space rentals. Motion carried and ordered unanimously.                                           

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Voltz, to recess the meeting of the Board of Governors of the Barefoot Bay Water and Sewer District and reconvene the regular meeting of the Brevard County Board of County Commissioners. Motion carried and ordered unanimously. 

 

 

 

Frank Hunter stated his property is and has been recorded as general use non-conforming lots of record; Code Enforcement keeps claiming it is residential to make a complaint stick; on February 28, 2006 and March 7, 2006 complaints came in again that the roof had not been put on the shed yet, which were false complaints; and in 1996 the Board made a rule if a person makes three complaints against a property that are false then they are not allowed to make any more complaints on that property for a year.  He stated Code Enforcement does not recognize the rules, or his disabilities.  He explained he has disabilities that keep him from doing the work at his home. 

 

Charles Gamble stated there does seem to be some type of conspiracy against Frank Hunter; he feels that Mr. Hunter is no more breaking Codes than any other resident in this neighborhood; and stated there are many other violations by the other residents that are not being enforced to meet the Codes. 

 

Assistant County Manager Ed Washburn stated if there is a complaint it has to be investigated; if there is a violation then the resident is noticed of the violation; and if the resident does not feel there is a violation then they are to go through the Special Magistrate process. Chair Voltz inquired if these allegations have been founded or unfounded.  Mr. Washburn responded there were some unfounded and some that had validity.  Chair Voltz inquired what the status of his case is.  Mr. Washburn replied the latest one is still pending and has not gone to the Special Magistrate.  Chair Voltz inquired about the procedure for three unfounded complaints in a year.  Mr. Washburn replied if there are three unfounded complaints on a property the County no longer accepts it from that complainer, but if it is anonymous then it cannot stop from receiving them.

 

Chair Voltz instructed Mr. Hunter to contact Mr. Lyon for any assistance needed in the future.

 

 

 

Commissioner Scarborough stated the problem is the dynamics with Titusville around it; what is on the map is being looked at rather than what has occurred and decisions are based upon the designation; and the Board needs to reflect what is there and what is wanted there. 

 

Sandra Clinger stated the Windover Farms community was built in the late 1970’s but there has been some rezoning and annexation with the City; that is where it came to light; the land use density for the community was much higher than the development pattern which became a big concern; and there have been rezoning attempts to pull off individual parcels out of platted subdivisions.  Commissioner Scarborough described the community.  Ms. Clinger requested approval to start the research.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to work with the Windover Farms community in North Brevard on the concept to right size the Future Land Use Map to more accurately depict the patterns in the community.  Motion carried and ordered unanimously.                      

 

 

Deputy Manager for the City of Melbourne, Howard Ralls, stated he attended the meeting to answer any questions the Board might have for the Commission concurrence to potentially annex some County owned property west of I-95.

 

Chair Voltz inquired if staff has any problem with this.  County Manager Peggy Busacca replied there is no problem; it is County owned mitigation property; the land is not really developable; and the City is interested west of I-95 in other properties, and this is the first in a line of annexations that are potentially out there.  Mr. Ralls stated he has been approached by a number of developers and property owners that are interested in municipal services west of I-95.  Commissioner Pritchard inquired if the parcel they are wishing to annex is not developable. Mr. Ralls replied that is correct and it has a conservation easement over it owned by the County.  Commissioner Pritchard stated it would provide substantial contiguation for the City to annex additional property. He inquired what will happen with the zoning.  Mr. Ralls stated there is a Joint Planning Agreement with the County; and the Growth Management Act dictates nothing can be developed where there is not infrastructure; some of the properties already have development plans; and he does not feel it will be developed densely and will be compatible with what the County has planned.  Commissioner Pritchard stated his concern is if he supports this he is going against everything he said earlier.  Ms. Busacca stated the Board has talked about the fact that Cities have the ability to acquire right-of-way for the Beltway through an annexation agreement, but the County does not; the City of Palm Bay has been very successful in acquiring right-of-way using those annexation agreements; and it may be considered that this is part of the equation.  Assistant County Manager Ed Washburn stated this particular area would not be dealing with trying to match up with existing development, which the County has problems with in other areas; and there is no development in that general area where it has to match up two units to an acre to one unit to the acre, so this is a little different. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon to approve request from City of Melbourne for annexation of approximately 117 acres in the I-95/Ellis Road area.  Motion carried and ordered unanimously.

Commissioner Colon stated a constituent is interested in what phase the beach re nourishment is and where the dollars were allocated; a meeting was supposed to have taken place; and inquired what is the status of this. 

 

Natural Resources Program Manager Virginia Barker distributed a press release; stated a large dune stabilization was just completed; 175,000 cubic yards of sand was replaced on Mid Reach Beaches and South Beaches, construction was completed last Thursday; and tilling to fluff the beach up for turtle nesting happened yesterday and should be done about 3:00 p.m. today.  She stated Natural Resources plans to do a three quarter million dollar sea oat planting project; that work was bid out several months ago and not one contractor has bid on the work due to hurricanes; and the bid will be put out again.  Commissioner Colon stated some of the concerns shared by the citizens were the Executive Order lapsed that the Governor had issued, and the Board of County Commissioners was negligent in matching some of the funds. 

 

Ms. Barker stated last fall Chair Voltz and Natural Resources Management Director Ernie Brown went to visit with the Governor to ask for his assistance, especially for helping the Mid Reach shoreline; the Governor committed up to four million dollars as matching funds for the Brevard County project; the State match based on public access and other features would have been 40%; and in order for the County to accept the Governor’s four million dollar promise, six million would have had to be raised.  She stated while that was on the table, staff worked with FEMA to get authorization for a FEMA project that totaled just under six million dollars; and the Board voted to reallocate the $400,000 that was previously set aside for the Mid Reach Project with the Governor’s money to use that for the FEMA match to build the FEMA project.  She stated one problem is the beach is so narrow that only so much sand can be placed without causing environmental impact to the rock, and permits could not be obtained; if the Board even had unlimited funds it is not likely permits could have been obtained to place both volumes of sand in the same year; and there is not physically enough room to put that much sand on the beach without impacting rock. 

 

Commissioner Pritchard stated he would like to know more about the plants.  Ms. Barker stated the project will be 80 % to 90% sea oats, which will start as liners and will be six to eight inches tall, growing to be several feet tall.

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 1:00 p.m.

 

 

 

 

 

ATTEST:

 

 

                                                                    _____________________________________                                        

                                                                     HELEN VOLTZ, CHAIR

                                                                     BOARD OF COUNTY COMMISSIONERS

                                                                     BREVARD COUNTY, FLORIDA

 

                                                                                                 

 

____________________

SCOTT ELLIS, CLERK  

 

 

           (S E A L)