MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 23, 2007

 

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 23, 2007 at 9:01 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Mary Bolin, and Helen Voltz, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

The Invocation was given by Pastor Ronald Meyers, Faith Viera Lutheran Church, Rockledge, Florida.

 

Commissioner Voltz led the assembly in the Pledge of Allegiance. 

 

 

Dr. Anthony Catanese stated he would like to share with the Board some ideas as to how Florida Tech can work with the County.  He advised Florida Tech is a supporter of the medical school at the University of Central Florida, which will have a major impact on Brevard County; and Florida Tech is already working with UCF to have a program whereby Brevard County’s pre-med students can enter the new medical school.  He noted Florida Tech has approximately 5,000 students; it is a private national research university; and half of the students are masters and doctoral students.  He advised Florida Tech has a very large research program and is becoming one of the leading national research universities; and it does approximately $45 million in sponsored research in a variety of areas.  He stated Florida Tech would like to be thought of as Brevard County’s national research university; and it would like to become more involved in the County and in the region.  He noted economic development is a major area; Florida Tech has a major economic impact on Brevard County by normal measures; and the estimated economic impact of Florida Tech is $425 million annually in Brevard County, with 1,800 employees as well as the multiplier effects and in itself has a major affect on Brevard County’s economic growth.  He noted a new development of Florida Tech is the introduction of performing arts, fine arts and music; the school is discovering through engineering and science that when young people are studying art and music, it helps them develop creative scientific technological and engineering solutions to problems; and it is becoming accepted that engineering science students should study the fine, performing, and creative arts.  He advised in the process, Florida Tech has things to offer to the cultural scene in Brevard County such as the Pantherium, the new Jazz Performing Center, the Textile Design Program, and the new Music Program; and Florida Tech’s model has been MIT, which has the best symphonies in the Country.  He stated Florida Tech is very proud of its space program; this is the first time in history that two women have been on the same mission who went to the same school; Florida Tech is very proud too of its alumni on that mission; and noted there are approximately 8,000 alumni in the immediate region and 50,000 total alumni.  He stated Florida Tech has great expertise and capabilities in growth management, coastal zone management and transportation;  he  would  invite  the  Board  to  use Florida  Tech’s faculty, staff and students to

provide some help, data, and experience in managing growth; and the school is very interested and anxious to do that.  He stated a special project he would like to share with the Board is Canal 54 in South Brevard; it is one of the finest rowing sites in the Country; and teams from all over the United States are coming to Canal 54 in Brevard County.  He noted Florida Tech has served as an informal organizing group, but he thinks it can be turned into a national rowing center with some State help and some County assistance; it can be developed as a unique spring training facility for the nation; and Florida Tech would like to work closely with the Board of County Commissioners in helping to bring that to fruition.  He stated Florida Tech would like to help with the future of the Space Program; there are six astronauts amongst the alumni; two astronauts are on the faculty now; Florida Tech’s origins are in the Space Program and it is vital to Brevard County, the Space Coast, Central Florida, the nation and the world; and Florida Tech would like the Board to call upon it to help the County as Florida Tech develops the future of the Space Program.  He commented on the need for Brevard County students to enter into the specializations at Florida Tech; it is a private technological university in the stem areas, such as science, technology, engineering, and mathematics; there are not enough Brevard students in the school; there are not enough women in the school; and there are not enough minorities in the school.  He advised he would put up the scholarship money that will make it affordable for Brevard students;  Florida Tech wants to work with the School Board; and Florida Tech is, and will continue, to be a major contributor and proponent. He stated it is worrisome that there is not the kind of influence to get the young people to the science, engineering and technology areas; and that can be changed by getting the youth excited and he is willing to do that at the middle school level.   He noted Title 9 is the Federal Government’s law to create gender equity; it is a measure of what is the participation rate of women students in college sports; NCAA monitors that and it just completed a survey and discovered that Florida Tech has the highest participation rate for women in intercollegiate athletics in the United States; and Florida Tech is very proud of that.

 

Commissioner Voltz expressed thanks to Dr. Catanese; stated he has done a great job with the Master Plan, which will be coming before the Commission; and he has done a great job in working with the Community and putting everything together. 

 

Chairperson Colon stated the Space Growth Management Coalition consists of appointments from the Board of County Commissioners; she would like to invite someone from F.I.T. to help the Coalition and keep the County on track; and the Board will stay in touch with Dr. Catanese, if there is someone he would recommend.  She stated the Board passed a Resolution for C-54 two weeks ago and that is going to be a wonderful partnership with Indian River County; the Board is very proud of what Florida Tech is doing; and Indian River County is looking at bringing some hotels to the area, and more restaurants, to start accommodating C-54 and making it more of an economic development.  She  commented on the importance of getting students in middle school involved in science, engineering, and technology. 

 

 

Dr. John Hitt expressed thanks to the Board to be able to share with it some thoughts about UCF, generally, and the new Medical College.  He stated the Board has been very supportive of UCF, and it is greatly appreciated.  He stated UCF has grown since 1992, when enrollment was 21,200; there are now 46,800 students, with 7,000 of those being grad students; between the operations at BCC in Cocoa and Palm Bay, UCF has 16 undergraduate programs available, and eight other graduate programs; and approximately 1,800 students attend either Cocoa or Palm Bay.  He stated UCF has a good representation of Brevard County residents in the graduate and undergraduate programs; the most common majors in Cocoa and Palm Bay are business administration, criminal justice, early childhood education, and nursing; and there are 53 faculty members who are residents of Brevard County.  He commented on UCF’s  presence in Brevard County since 1975 with the Florida Solar Energy Center.  Dr. Hitt stated two years ago, UCF announced plans to seek approval for a medical college at UCF; the Board supported UCF financially as well as politically; and the medical school is now a reality.  He stated the combination of the financial gifts and the land show that Central Florida was serious about building a badly needed medical school; a medical school would provide a tremendous economic benefit to Central Florida; UCF was able to prove that within ten years a medical college would have an annual financial impact of $1.4 billion dollars on the local economy; and a life-sciences cluster would add another $5 billion to the annual financial impact.  He stated Lake Nona will be home to the college of medicine, along with Burnett Bio-Medical Sciences, and the UCF College of Nursing; planning is underway now for the construction of the bio-medical sciences building and another building that will hold the learning resource center for the medical college; and ground will be broken for the Burnett building next month or in early March. He stated the life-sciences cluster is already forming; the medical city will also include the Burnham Institute of Medical Research, a University of Florida research facility, and a Veterans Hospital; M.D. Anderson Cancer Affiliate in Orlando has said it will build its research facility at UCF; and if the Nemours Foundation builds its Children’s Hospital in Orlando, it will likely be on the Lake Nona site as well. 

 

Dr. Deborah German stated there has not been a medical school built from scratch for over 30 years; and in her view, the medical school at UCF is destined for success.  She stated the reason for that is because of the Board and others around Central Florida who want the medical school.  She commented on UCF being ready for a top tier medical school.  She noted the mission of the medical school is clear to her; as the origin of the medical school unfolded, she saw a community that wanted doctors; the first thing is to provide care to the growing community; there is a need to diversify the economy of the area and to create the medical technology science focus center; and it needs to be a top tier medical institution that trains excellent clinicians and scientists.  She commented on the need for entrepreneurial physicians who will help solve some of the healthcare problems that exist.  She noted a starting date is anticipated for the Fall of 2009; the first class will consist of 40 students, which will grow by 20 students a year until it reaches a class of 120; and then it will level out with 120 students a year.  She stated if there is going to be a class admitted in the Fall of 2009, in the Fall of 2008, the students need to apply through a national electronic application service; in order to get the school’s name on the list, it needs to be accredited and visited in the Fall of 2007;  and in order for  students  to  visit  the  School  in  2007,  it needs  to submit its entire program plan  between  June and September, 2007.  She stated the accreditation process is not easy; it requires the medical school to have all of the policies and procedures that have to do with governments, the relationship to the University, and to the community; it requires the medical school to have all of the student-related functions, including admissions, financial aid, registration, and databases; there also needs to be counseling and student health; there needs to be the faculty promotions and tenure’s policies; and there needs to be the curriculum in place. She noted the medical school will also need to have the structures and support in place such as the infrastructure; and she is working hard to make the medical school a reality.  She stated she can promise the Board UCF will build a good foundation for a great medical school for all of Central Florida. 

 

Chairperson Colon stated the Board is excited about the medical school.  She stated the Board has heard from the community that it would love for UCF to build the kind of atmosphere it has in Orlando, such as dorms; in South Brevard there was some discussion to bring dorms to the Palm Bay area; and Brevard County wants to keep its young people here.  She stated there is a large part of Brevard County’s workforce that is going to be retiring; if the Board starts planning now, it will be ahead of the curve; and she inquired if there is any discussion at all about dorms in Brevard County.  She stated with UCF being at the campuses in Brevard County, it allows the community to know its young people are going to be educated in Brevard County, and will be able to work in Brevard County. 

 

Dr. Hitt stated there had been discussions about possible dorm construction in Cocoa; he was not aware of possible dorms in Palm Bay; the question would be the financial projections; and whether the school builds them, or a developer builds them, the bond has to be assured.  He stated State Universities receive no state funding for dorm construction; and it has to be looked at as a financial proposition, and if the debt can be paid off.  He noted the state policy is if a student earns an AA degree from a Florida Community College, he or she is guaranteed admission anywhere in the State of Florida; if the degree program can be offered in Brevard County through BCC with a joint-use campus, that is great; and if a student wants to come to UCF, it will guarantee admission. 

 

Chairperson Colon inquired if there is anyone the Board should be talking to concerning the possibility of dorms in South Brevard County; with Dr. Hitt responding dialogue should be started with the new President of Brevard Community College; and UCF cannot see a way to build dorms for UCF students only, in Brevard County.

 

Commissioner Scarborough stated Mike Snyder came to the Brevard County MPO a month ago, and talked about the potential for extending the East/West Expressway to I-95 in Brevard County; many students choose to stay in Brevard County and travel to Orlando for their classes; and as Highway 50 becomes more problematic, the delays around the area of Waterford Lakes are doubling the travel time.  He noted the traffic problem would be alleviated if the East/West Expressway is extended to I-95.

 

Dr. Hitt stated the East/West exits onto S.R. 50; and if the 408 could be extended to S.R. 524 and S.R. 528, some traffic problems will also be alleviated. 

Chairperson Colon read aloud a resolution Proclaiming Wear Red Day.  

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming February 2, 2007 as Wear Red Day for Women, as diseases of the heart are the nation’s and the County’s leading cause of death and stroke is the third leading cause of death.  Motion carried and ordered unanimously. 

Nancy Devault, Marketing Director at the American Heart Association, recognized Stephanie Bacon from Wuesthoff Hospital.  She advised Wuesthoff Hospital is the sponsor for Brevard County Goes Red; and she would like to thank Wuesthoff Hospital and Ms. Bacon for being a leader for a grassroots campaign and reaching out to women.  Ms. Devault recognized Bridgett Harman, who is the Division Director for the American Heart Association, and Brenda Mozak, who is also with Wuesthoff Hospital.  She commented on the statistics of Heart Disease in women and the initiative of Brevard County Goes Red.  She noted heart disease is preventable and commented on several risk factors.

 

 

 

Commissioner Voltz read aloud a resolution recognizing Keiser University.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Keiser University for its milestone accomplishments and for commitment to its Mission Statement, which includes “service to the community…partnerships, involvement with various constituencies, and various continuing education programs.”  Motion carried and ordered unanimously. 

 

 

Colleen Rupp expressed appreciation to the Board and stated it is an honor to serve Brevard County.  She noted this year, Keiser University has added Masters Degrees, which is significant for the school and for the growth and education for the County. 

 

 

Commissioner Nelson read aloud a resolution recognizing Judy Amos for outstanding County and community service as she retires as Administrative Assistant of the Housing and Human Services Department.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution recognizing Judy Amos for outstanding County and community service as she retires as Administrative Assistant of the Housing and Human Services Department.  Motion carried and ordered unanimously. 

 

 

Judy Amos introduced her family to the Board and expressed appreciation for the Resolution recognizing her retirement.  She commented on feeling both happy and sad about leaving Brevard County; and she is leaving a fine organization.

 

Chairperson Colon stated the Board will miss Ms. Amos greatly.

 

Housing and Human Services Director Gay Williams stated Ms. Amos has been an asset to the Department of Housing and Human Services and a fine example of team membership; Ms. Amos adds to the Department; and she is loved and appreciated, and will be sorely missed. 

 

Commissioners Bolin and Voltz commented on working with Ms. Amos and recognized her hard work for Brevard County.

 

 

 

Commissioner Bolin stated the Board of County Commissioners would like to recognize Dorothy Vickery, Patricia Hathaway, and Kathy Gordon, for their outstanding dedication to the Commission Offices and to the constituents.  She stated the switchboard operators not only answer the questions of the Board, but also of the constituents; they have faithfully served the County with their service for a combined total of 10 years; and each of them have demonstrated professional commitment by helping callers. 

 

County Manager Peggy Busacca stated the switchboard operators took part in the Citizens Academy on their own time, in the evenings, so they could know more about Brevard County so that when people called with questions about Brevard County, they would know where to direct them.

 

Dorothy Vickery, Patricia Hathaway, and Kathy Gordon, expressed appreciation to the Board and commented on working for a wonderful director, Jon Sellers.

 

 

 

County Manager Peggy Busacca stated this morning she received what she hopes is the last draft of the Agreement on Palm Bay Road; and the Board will see it on Thursday at the workshop.

 

 

 

County Manager Peggy Busacca stated she would like to pull Item III.D.5. for discussion; and to continue Item VI.E., the Unpaved Road Construction Ordinance, to February 20, 2007.  She noted she would like to add a New Business Item relating to the Housing Authority, and that will be added on to the end of the Agenda.

 

 

 

Chairperson Colon stated there was a Summit on Friday; it was very successful; and there was an opportunity to share with each other what each community is doing.  She requested County Manager Peggy Busacca explain to the Board what the individual Department Directors will be doing for one week in February.

 

County Manager Peggy Busacca advised in an effort to work more closely as a team, during the week of February 12 – 16, Department Directors will be participating in Trading Faces; Directors will be going to a new Department and will have the opportunity to see different perspectives and different ways things are done.  She noted it will be a growing experience for everyone. 

 

Chairperson Colon stated it is important for the culture to change; and Ms. Busacca is appreciative of that and she has an open door policy.  She stated it is a reflection of the Board of County Commissioners as a whole; and she is excited this year because of the Executive Retreats the Directors have attended. 

 

 

 

Commissioner Scarborough stated this years’ Birding and Wildlife Festival is proving to be the best ever; there are many wonderful speakers attending the festival; and it is an opportunity the Community has to enjoy the birding and wildlife in Brevard County.  He noted the Birding and Wildlife Festival begins January 24, 2007, at 5:00 p.m.

 

 

 

Commissioner Nelson stated he would like to pull Item III.A.5. for discussion.

 

 

 

Commissioner Voltz read aloud a letter from a parent whose son has benefited from the Drug Corps Program; and stated it is a successful program.

 

 

 

Commissioner Voltz read aloud a letter presenting a challenge to the other Commission offices to raise money for research of Cystic Fibrosis.  She commented on her son who passed away in 1990 from Cystic Fibrosis; and for the past 10 years, she has been involved in raising money for the CF Foundation, which puts over 90 percent of the money towards research.  She advised for more information on how to become involved with Great Strides, one can contact her office, or go to the website.  She noted she will offer $100 cash for whoever raises the most money of the other Commissioners; and she would appreciate the support of the other Commissioners.

 

Chairperson Colon stated her office will be supporting Commissioner Voltz and the Cystic Fibrosis cause. 

 

Commissioner Bolin stated if anyone in the Government Center would like to help with the cause, they can use her office to donate money. 

 

 

Chairperson Colon advised Item III.A.5. and Item III.D.5., are pulled for discussion; Item VI.E. is continued to February 20, 2007; and Items III.C.3. and III.C.4., are pulled for discussion by citizens.

Mark Peterson, County Finance, stated he wanted the item pulled to recognize the efforts of the Investment Committee for the Annual Investment Report. 

 

Dr. Dalrymple, Committee Chair, stated it is great to be Chair of the Investment Committee, but the County Commissioners have the fiduciary responsibility to the taxpayer.  He commented on the fraud in Orange County, California, which almost caused the bankruptcy of California because the investment account for that county was not properly handled; and that was part of the reason for the collapse of the Savings and Loan Association in the early ‘80’s.  He stated at that time, there was an oil problem; and oil is the basis for a lot of changes that occur in the United States.  He advised the Investment Committee is concerned with safety and yield for the Investment Portfolio; it is a serious problem when all prices are determined by oil; the yield is determined by inflation; and inflation is determined by the change in the price of oil.  He stated if the Board puts that into the inflation equation, which is part of yield, then it knows the difficulty the Committee has in regards to investing the portfolio for the County; because they want to increase the yield, but as they increase the yield, it changes the value of the portfolio; and he would like the Board to consider how it could go ahead and judge the change of the price of oil.  He noted the Board would see the difficulty in estimating yield and the type of investments there should be for the portfolio; this is the responsibility the Commission and the Committee have; and he would like to emphasize how clear the meetings present why different decisions are being made. 

 

Steve Alexander, Investment Advisor, stated the Investment Committee is a good example of an outside committee that works with a staff; it is a teamwork of professionals and government employees coming together to work on a specific task on an ongoing basis; and the goal is to protect the County’s assets.  He commented on the annual report given to the Board; stated it is a highly diversified portfolio; and everybody working together keeps the portfolio on the right track.

 

Commissioner Nelson expressed appreciation to Mr. Peterson and Mr. Alexander; stated they came to his office to review the Annual Report; it was interesting to go through that process; and having been on the staff side, he appreciates what the Committee goes through.  He stated the citizens

should feel confident about what is being done; the Committee has done a tremendous job; and it shows what can be done when the right people work together.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to accept the Brevard County Annual Investment Performance Report, Year-Ended September 30, 2006, presented by Brevard County’s Investment Advisor, PFM Asset Management, LLC.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize rejection of all bids submitted for Bid #B-4-07-30, Janitorial Supplies – Consumable Paper Products; and authorize staff to re-bid the items under revised specifications or utilize State, other agency or cooperative bids as determined in the best interest of the County.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Wetland Restoration Plan as submitted to Natural Resources Management by Steve Brunelle, owner of the property at 7310 Windover Way, Titusville, located east of Interstate I-95 and west of Challenger Memorial Parkway in unincorporated Brevard County.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution releasing Contract dated April 11, 2006, for Judge Fran Jamieson Way Extension in Viera.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution releasing Contract dated March 21, 2006, for Gatwick Manor Subdivision in Viera.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Rules of Procedure for Contractors’ Licensing Board, pursuant to the authority granted in Section 22-501(d) of the Brevard County Code of Ordinances.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Binding Development Plan with Donna Ann Price for property located on the northwest corner of Spring Street and U.S.1., and also having frontage on the east side of Travis Street.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to award sole source procurement for CMI Roto Mixer Reclaimer/Stabilizer equipment to Great Southern Equipment Company, the sole source provider in the State of Florida. Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Stipulated Final Judgment for Brevard County vs. Metro West et al, including all damages, costs, and fees in the amount of $8,300.00 for value and $1,190.00 in damages for Defendant Miriam Murbe, Parcel 107.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Lease Agreements with Oce North America, Inc. for leasing of a map/document scanner, printer, monitor, and related equipment for the map reproduction section for five years.  Motion carried and ordered unanimously.  

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Second Addendum to Interlocal Agreement with City of Rockledge for the Barnes Boulevard Widening Project.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contract for Sale and Purchase with Larry K. Hufford and John E. Luhn; and waive Phase 1 Environmental Assessments, deed and plat restrictions, and all Florida Power and Light Company, BellSouth, and Public Utility Easements, which will be subordinated or relocated on a project-wide basis at a later date, for the property needed for Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to establish budget for Safe Routes to School Program in the amount of $29,000.00.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the County’s membership in the Florida Section, American Water Works Association, Water Utility Council.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute First Amendment to Reclaimed Water Major User Agreement with Heritage Isle District Association, Inc. for provision of a second point of delivery on Judge Fran Jamieson Way.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Infrastructure Reimbursement Agreement with Peter Winne for construction of a sanitary sewer force main on Bayside Street in Merritt Island.  Motion carried and ordered unanimously.  

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Task Order No. 3 with Camp, Dresser and McKee, Inc. for engineering services necessary for the required Mechanical Integrity Test of the County’s underground injection well located at the South Beaches Regional Wastewater Reclamation Facility.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Revised Joint Participation Agreement with Florida Department of Transportation for Valkaria Airport, as additional language is needed in agreements where FDOT is providing or has provided financial assistance to local agencies, due to a revision to Florida Statutes effective January 1, 2004 regarding the Florida Single Audit Act and audit procedures.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the Chairperson to execute the Contract, contingent upon County Attorney and Risk Management approval, with the State of Florida, Department of Community Affairs, in the amount of $482,562, and authorize the Chairperson to execute all future LIHEAP contracts and amendments which meet the approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve and authorize the Chairperson to execute the Florida Fish and Wildlife Conservation Commission (FFWC) Florida Boating Improvement Program (FBIP) Standard Grant Amendment No. 1 to Agreement for a time extension for the South County Boat Launch Project.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the Chairperson to execute the standard Grant Contract with the Florida Communities Trust (FCT), Florida Department of Community Affairs and authorize the County Manager to execute any other standard documents and amendments required by the FCT for the reimbursement of funds expended for the acquisition of Thousand Island Conservation Area.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution amending and restating in its entirety Resolution No. 2007-011 of the Board of County Commissioners of Brevard County, Florida, acting as the governing body of the Merritt Island Florida Recreation Municipal Service Taxing Unit, supplementing and amending Resolution No. 2001-214 of the County, authorizing the issuance of not exceeding $13,410,000 Limited Ad Valorem Tax Bonds (Merritt Island Recreation Municipal Service Taxing Unit Parks and Recreation Program), Series 2007 of the MSTU for the purpose of completing the acquisition and construction of certain Parks and Recreation Projects within the Merritt Island Recreation Municipal Service Taxing Unit; authorizing the Chair of the Board of County Commissioners and the Clerk or Deputy Clerk of the County to award the sale of such bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds; approving the forms of a draft notice of sale, summary notice of sale and preliminary official statement; authorizing the circulation of a preliminary official statement; authorizing the Chair of the Board of County Commissioners to deem final the preliminary official statement for purposes for Securities and Exchange Commission Rule 15C-12, and authorizing the execution and delivery of a final official statement; approving the form of and authorizing the execution and delivery of a continuing disclosure undertaking; designating the registrar and paying agent for said bonds; providing certain covenants for the benefit of the bondholders and bond insurer as an inducement to issue a Municipal Bond Insurance Policy with respect to the bonds; providing for the rights of the holders of said bonds; providing for an effective date for this Resolution; and providing certain other details with respect thereto.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution amending and restating in its entirety Resolution No. 2007-010 of the Board of County Commissioners of Brevard County, Florida, acting as the governing body of the North Brevard Recreation Special District, supplementing and amending Resolution No. 2001-213 of the County, authorizing the issuance of not exceeding $12,000,000 North Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2007 of the District for the purpose of completing the acquisition and construction of certain Parks and Recreation projects within the North Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2007; authorizing the Chair of the Board of County Commissioners and the Clerk or Deputy Clerk of the County on behalf of the District to award the sale of such bonds based on bids submitted at public sale and approving the conditions and criteria of such sale; specifying the date, interest rates, interest payment dates, provisions for redemption, series designation and maturity schedule of such bonds; approving the forms of a draft notice of sale, summary notice of sale and preliminary official statement; authorizing the circulation of a preliminary official statement; authorizing the Chair of the Board of County Commissioners on behalf of the District to deem final the preliminary official statement for purposes of Securities and Exchange Commission Rule 15C-12, and authorizing the execution and delivery of a final official statement; approving the form of and authorizing the execution and delivery of a continuing disclosure undertaking; designating the registrar and paying agent for said bonds; providing certain covenants for the benefit of the bondholders and bond insurer as an inducement to issue a Municipal Bond Insurance Policy with respect to the bonds; providing for the rights of the holder of said bonds; providing for an effective date for this Resolution; and providing certain other details with respect thereto.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution amending and restating in its entirety Resolution No. 2007-012 of the Board of County Commissioners of Brevard County, Florida, acting as the governing body of the South Brevard Recreation Special District, supplementing and amending Resolution No. 2001-215 of the County, authorizing the issuance of not exceeding $60,270,000 South Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2007 of the District for the purpose of completing the acquisition and construction of certain Parks and Recreation Projects within the South Brevard Recreation Special District Limited Ad Valorem Tax Bonds (Parks and Recreation Program), Series 2007; authorizing the Chair of the Board of County Commissioners and the Clerk or Deputy Clerk of the County on behalf of the District to award  the  sale  of  such  bonds  based  on  bids  submitted  at  public  sale  and  approving the

conditions and criteria of such sale;  specifying  the  date,  interest  rates,  interest  payment  dates,  provisions for redemption, series designation and maturity schedule of such bonds; approving the forms of a draft notice of sale, summary notice of sale and preliminary official statement; authorizing the circulation of a preliminary official statement; authorizing the Chair of the Board of County Commissioners on behalf of the District to deem final the preliminary official statement for purposes of Securities and Exchange Commission Rule 15C-12, and authorizing the execution and delivery of a final official statement; approving the form of and authorizing the execution and delivery of a continuing disclosure undertaking; designating the registrar and paying agent for said bonds; providing certain covenants for the benefit of the bondholders and bond insurer as an inducement to issue a Municipal Bond Insurance Policy with respect to the bonds; providing for the rights for the holders of said bonds; providing for an effective date for this Resolution; and providing certain other details with respect thereto.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve a one-year extension to the Contract with Stewart B. Capps to provide Special Magistrate services for the County; and authorize the Chairperson to execute the Agreement to extend the existing Contract.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the County Manager or designee to execute contracts associated with Continuing Roofing Contracting Services for budgeted projects up to $1,000,000 in value.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute the State-Funded Subgrant Agreement with Florida Division of Emergency Management for $500,000.00 for Emergency Operations Center repair, upgrades and modifications; and appointed the County Manager or her designee to administer, sign any future documents, and execute the Contract to complete the scope of work.  Motion carried and ordered unanimously.  (See page      for Agreement.)  

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the development and issuance of an RFP for a Fire Rescue Inventory Management System; and approve a Negotiation and Selection Committee of Fire Rescue Assistant Chief of Logistics, County Information Systems Director, Fire Rescue Manager of Information Systems, and Fire Chief Farm or his designees, with the final vendor selection and Contract being brought back to the Board for approval.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reappoint Dr. Barbara Ake, Bob Allard, Lori Chabot, Mark Clements, Orlando J. Dominguez, Jr., Joe Goodwin, Susan Key, Tom Matson, Bruce Olseen, and William (Joe) Sunday, to the Emergency Medical Services Advisory Council, with terms expiring January 1, 2009. Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to appoint Chantal Leconte to the Emergency Medical Services Advisory Council, with term expiring January 1, 2009.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the amount of $41,043.02 in Errors and Insolvencies (E&I’s) to the FY 2005-2006 Emergency Medical Services Assessment.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge the Melbourne-Tillman Water Control District Financial Report for the fiscal year ended 2005/06.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to appoint Richard Gossett to the North Brevard Commission on Parks and Recreation, with term expiring December 31, 2008; George Theriault to the South Mainland Library Advisory Board, with term expiring December 31, 2007; Harry Chapman to the Suntree-Viera Parks Committee, with term expiring December 31, 2007; and Robert Baugher to the Tourist Development Council, with term expiring November 21, 2009.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reappoint Kim Zarillo to the Environmentally Endangered Lands Procedure Committee, with term expiring December 31, 2007; Teri Patton to the Port St. John Public Library Advisory Board, with term expiring December 31, 2007; and Patrick Corr to the Spaceport Commerce Park Authority, with term expiring December 31, 2007.  Motion carried and ordered unanimously.

 

 

 

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

 

 

Chairperson Colon called for the public hearing to consider Resolution and accepting easement for vacating drainage easement in Hidden Hills Subdivision – R.K. Engineering (Bruce Jones.)

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue Item VI.A. to the April 10, 2007 Board of County Commissioners meeting. Motion carried and ordered unanimously.

 

 

Chairperson Colon called for the public hearing to consider resolution vacating portion of unimproved right-of-way (Olive Street) in Plat of Model Indian River Gardens – Donnie Narmore.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to withdraw Item VI.B. and direct staff to refund $640.00 to the petitioner.  Motion carried and ordered unanimously.

 

 

Chairperson Colon called for the public hearing to consider resolution vacating public utility easements in Suntree PUD, Stage 5 – Wilma E. Moore, Trustee.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution vacating public utility easements in Suntree PUD, Stage 5 – Wilma E. Moore, Trustee.  Motion carried and ordered unanimously. 

Chairperson Colon called for a public hearing to consider ordinance amending Chapter 62, Article II of Brevard County Code, Unpaved Road Construction and Funding.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue Item VI.E. to the February 20, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

 

Commissioner Voltz stated in regards to protocol, the Board is going to be changing hats often with Mosquito Control and Barefoot Bay Water Control District; and inquired why the Board cannot put on the front of the Agenda that the Board also sits as the two different Boards when discussing those issues.

 

County Attorney Scott Knox advised the Board can put that wording on the Agenda, but the Board will still need to switch hats as it comes to the Agenda item; and the Board needs to keep the different Boards separate, and should not mix and match its responsibilities.  Commissioner Voltz stated if the Agenda states that when the Board discusses those items, it is sitting as the different Boards, then why does it have to switch hats so often.  Mr. Knox stated the minutes have to reflect that the Board acted as whatever Board it is acting as.  Commissioner Voltz inquired if the Board can just announce what Board it is acting as; with Mr. Knox responding he will research if that can be accomplished through procedural rules.

 

 

Chairperson Colon called for the public hearing to consider approval of amendment to vested site plan for Carey oceanfront parcel.

 

There being no objection heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve an amendment to a vested site plan for the Carey oceanfront parcel located in District 3.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant final plat approval for Jasmine Estates, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate jurisdictional permits.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve making legislative, factual findings determining whether the Regional Center-Plex project meets the requirements of Subsection (5) of the Tourist Development Act, Section 125.0104, Florida Statutes, and if so found, consider funding a proposed study to research the project’s feasibility and economic impact at a cost of $20,000.00 from the TDC Capital Improvements Fund.  Motion carried and ordered unanimously.

 

Commissioner Nelson advised he will represent the Board if it has an appointment to the Steering Committee. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, authorizing the borrowing of not to exceed $15,000,000 from the pooled Commercial Paper Loan Program of the Florida Local Government Finance Commissioner pursuant to the terms of the Loan Agreement in order to finance a beach renourishment project within the County, including the reimbursement of certain costs incurred by the County in connection therewith, if any; authorizing the execution of a loan note or loan notes to evidence such borrowing and agreeing to secure such borrowing with a covenant to budget and appropriate legally available non-ad valorem revenues as provided in the Loan Agreement; authorizing the execution and delivery of such other documents as may be necessary to effect such borrowing; and providing an effective date; authorize the Chairperson and County Attorney to sign the necessary loan documents; and authorize staff to make necessary budget changes.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the purchase of four (4) replacement ambulances and one (1) additional ambulance from Wheeled Coach, Inc., for a total purchasing cost of five (5) ambulances/rescues at $478,565.00.  Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the FY 2005-2006 uncollectible ambulance write-off accounts receivable.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve a workshop to discuss Roads and Transportation Funding on February 15, 2007, at 9:00 a.m.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve workshop date for discussion of the Clerk’s EEL report for February 15, 2007 at 1:00 p.m.; and approve changing the Persons with Disabilities Assessment Workshop to March 22, 2007 at 1:00 p.m.  Motion carried and ordered unanimously.

 

 

 

Assistant County Manager Don Lusk apologized to the Board for the strikethroughs on the Agenda Report; stated there was a $1,000.00 mathematical mistake on the amount estimated for the judge’s stand, additional utilities, and the restrooms; and the changes reflect the error.  He stated when the Board discussed the subject in May, 2006 the Board gave staff authorization to spend up to $961,271.00 on barns; the motion the Board made was to include the judge’s stand, and the other things he previously mentioned; and that takes it over the authorized amount by $116,000.00.  He stated what staff is asking for today is to move forward on the barns and the other items with the understanding that it is $116,000.00 higher than when the Board discussed it in May, 2006; the barns are actually lower than staff had estimated; and staff just needs the Board’s approval to move forward.

 

Commissioner Voltz stated she was the only vote against the request when it was discussed in May, 2006; her reason for voting for denial was not because she does not support the horses; it is because the last time, it was going to cost almost $20,000.00 per stall; and this time, it is $16,400.00 per stall.  She noted she talked to a gentleman in Grant yesterday who has stalls; he built them himself and it was $50,000.00 for ten stalls; and there is a lot of money being discussed with this item.  She advised the gentleman she spoke to told her steel buildings are cheaper than other building materials; if a General Contractor is hired to do the job, it is going to be more expensive than if someone is hired who specializes in just barns; she found someone in Grant who charges $515.00 per month for full board; and the Board is going to charge $75.00 per month.  She stated if there is some way for this to be an enterprise fund, the Board can allow them to not pay for the full thing; she understands it was voter-approved; and inquired if the Board gave a specific number of stalls on the referendum.

 

Mr. Lusk responded for a lot of referendum projects, there is an x on the pamphlet and then Board-directed committees flush out conceptual plans about what some of the facilities would look like; and the conceptual plan for the equestrian facility included the demolition of the previous barns and the rebuilding of them.  Commissioner Voltz stated that meant 48 barns, but when there was a dollar figure, that is what the committee should have been working from, and not the 48 stalls; if the 48 stalls cost three times what the referendum said would be spent, then the Board needs to tell the committee that it cannot do that, and that only a certain amount of money has been allotted; and she does not know if the voters were told it was going to be three, four, or five times the cost of what it was going to cost originally.  She stated she thinks it is an error  for  the Board to support spending  this kind of money;  Brevard County is the only County around that has horse stalls like it does; and it should not be in the business of doing that.  She noted there are horse stalls in Grant that have 48 stalls and the owner is willing to sell them; and that may be something the Board can consider.

 

Chairperson Colon stated she also had some questions on the cost per stall; the Board wants it to be done right; and the Board is trying to be wise with taxpayer dollars.  She stated at this point, she is comfortable with what the Board has come up with.

 

Commissioner Bolin stated as far as building the barns, she is in agreement to do that; she also has concerns and would like to direct staff to complete an equestrian center management plan; she would like to see leases and look at how it is being done, and the money involved; and how the Board can move forward to make the equestrian center somewhat self-sustaining. 

 

Chairperson Colon inquired if Commissioner Bolin was stating the people would have to come up with the money, or for the future, try to be self sufficient; with Commissioner Bolin responding she would like staff to look at how the leases are done; how much money is involved, and if it is priced too low;  and  to  take into  consideration a non-Brevard County resident who is leasing it.

 

Mr. Lusk stated he understands the Board would like to move the item with the stipulation that staff come back with a management plan that addresses enterprise, self-sustaining, leases, and prices.

 

Commissioner Voltz inquired who the contractor will be for the equestrian center; with Mr. Lusk responding the bidder who will win the bid if passed, is C&D Construction.  Commissioner Voltz stated originally the cost was $961,000.00 and the low bid was $780,500.00; and she supports looking into an enterprise fund or self-sustaining, but she will not be supporting the item.

 

Motion by Commissioner Bolin, seconded by Commissioner Scarborough, to authorize the award of a contract to C&D Construction for the construction of the Wickham Park Horse Barns for a cost of $787,500.00; authorize the restroom, Judge’s stand, and additional utility work for an estimated $289,981.00; authorize the Chairperson to execute the contracts, contingent upon the County Attorney and Risk Management approval; direct staff to look into an Equestrian Center Management Plan, how the leases are done, what money is involved and if the County is pricing it too low, and enterprise fund, and how the County can possibly move forward to make the Equestrian Center somewhat self-sustaining.  Motion carried and ordered; Commissioner Voltz voted nay.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to recess as the Board of County Commissioners and reconvene as the Barefoot Bay Water and Sewer District.  Motion carried and ordered unanimously.

 

 

Richard Martens, Utility Services Director, advised this item is to sunset a Selection Committee that was started a year ago; after several meetings, the committee determined there was not a reasonable interest in the agricultural community to pursue this item; and staff would like to sunset the Committee and proceed with some actions on its own.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, acting as the Governing Body of the Barefoot Bay Water and Sewer District, to terminate the Selection Committee appointed August 23, 2005 for the selection of an agricultural tenant.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to recess as the Governing Board of the Barefoot Bay Water and Sewer District, and reconvene as the Board of County Commissioners.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to recess as the Board of County Commissioner and convene as the Governing Board of the Brevard Mosquito Control District.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, acting as the Governing Board of the Brevard Mosquito Control District, to grant permission to solicit bids, and authorize the County Manager to award contract for the overhaul of the turbo shaft engine on the 1969 A/B Bell 206 Helicopter.   Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adjourn as the Governing Board of the Brevard Mosquito Control District, and reconvene as the Board of County Commissioners.  Motion carried and ordered unanimously.

 

  

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to recess as the Board of County Commissioners and convene as the Governing Board of the Brevard Mosquito Control District.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve and authorize the County Manager to execute contract with Tech Systems, Inc. to procure roof repair/replacement for two (2) hangar building roofs located at the Titusville Complex.  The Board further approved a Budget Change Request allocating an additional $15,000.00 from available and uncommitted Mosquito Control cash forward to fund the project.  Motion carried and ordered unanimously.

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

 

 

Mason Williams, representing Indian River No. 1 Developers, apologized for the item coming to the Board; stated he recently learned of the problem yesterday from his client; and his message to his client was to get the road completed immediately.  He stated he has spoken with Deputy County Attorney Eden Bentley and has worked with Permitting and Enforcement Director Ed Lyon to come up with an acceptable solution.  He stated his client proposes to have the work contracted by February 1, 2007 or shortly thereafter, and provide copies to staff; the work is to be completed as soon as practical thereafter; and as he understands it, there is only approximately one week’s worth of work that needs to be done.  He stated he has spoken to Mr. Lyon about an extension to Friday, March 2, 2007 for the bond; Post, Buckley, Schuh and Jernigan (PBS&J) is completing a revised engineering estimate for the cost to complete this paving work; PBS&J should have that estimate to him today; and his client is going to supplement the cash bond in the amount of 125 percent of today’s estimated cost to complete the road.  He stated the County has proposed that no further C.O.’s be issued in Aquarina until the cash bond is supplemented; and so the County knows it has enough funds on hand to complete the road if it has to complete it itself.  He noted the process of the C.O.’s would continue, but the actual C.O.’s on the projects that would be using the road, would not be issued until the cash bond is posted; one exception he is asking for, because it affects the citizens, is the racquet club; and that does not create any additional traffic to the road.  He noted when the C.O. is issued, the racquet club will be conveyed to the homeowners association for the use of all the citizens. 

 

Commissioner Voltz stated this is the worst developer she has ever seen; he has been promising many things and he has not come through with anything.  She inquired when is the bond money going to be in the bank; with Mr. Williams responding he has been assured it will be in the bank this week.  Commissioner Voltz inquired if it will be in the bank on Thursday; with Mr. Williams responding he cannot control his client; his client has told him he has the funds and they will be posted as soon as the estimate comes from the engineer; and if Commissioner Voltz wants the funds in the bank on Thursday, then he will tell his client to have the funds in the bank on Thursday.  Commissioner Voltz inquired if an estimate has not been completed yet; with Mr. Williams responding his understanding is that an estimate is coming today from PBS&J.  Commissioner Voltz stated Mr. Williams will receive the estimate today, and there is no reason to not have the bond in the bank on Thursday.  Mr. Williams stated he will communicate that to his client.  Commissioner Voltz stated the date to get the work done is February 1, 2007; with Mr. Williams responding the date is March 2, 2007; and February 1, 2007 was the date to have the contract signed and in hand for the work.

 

Permitting and Enforcement Director Ed Lyon stated the majority of the work is putting the last layer of asphalt on Aquarina Boulevard and Spanish Moss Court; there are also some minor sidewalks throughout the project that need to be completed; and the engineer will include those in his estimates, but the majority of the cost will be for the asphalt.  He stated 125 percent is what Code requires on all bonds, so that way there is ample assurance that there is enough in the performance bond to make sure it is completed if for some reason it has to be pulled again.

 

Commissioner Nelson inquired if the Board could stipulate that failure to complete the project by March 2, 2007  would  authorize County  staff  to begin the process to take the bond and get the roadwork done; with Mr. Lyon stating the Board will be extending the bond to March 2, 2007; and the language gives staff that permission.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to not issue any additional certificates of occupancy or certificates of completion until the bond is extended for the referenced project; direct that the contract be signed by February 1, 2007; extend the bond until March 2, 2007 to complete the project, with the developer supplementing the cash performance bond in the amount of 125 percent of the estimated cost to complete the road; and authorize County staff to begin the process to take the bond and get the road work done if the developer fails to do so.  Motion carried and ordered unanimously.

 

Gay Williams, Housing and Human Services Director, stated staff is asking the Board to consider a request of Vote of No Confidence as it relates to the Housing Authority of Brevard County.  She advised developments have occurred over the past few months that staff believes impacts and threatens the existing and future availability of affordable housing to low and very low income residents of Brevard County; and staff has outlined numerous concerns beginning in 2006 with the Facilities Manager for the Housing Authority being dismissed, and a HUD investigation initiated by the Housing Authority, which is ongoing.  She stated in a meeting with staff, it was advised of shortfalls within the projects that the Board had been notified of, which were Magnolia Point, Silver Sands and Island Horizon; the completion of the projects were necessary to replace units that had already been demolished, 30 units in Merritt Island of affordable housing, 80 units of public housing in Cocoa, and 101 units which were sold with the Ramshur Tower deal; in 2006, there was a letter submitted to the Florida Housing Finance Authority notifying it that the tax credits were being returned; and they were told high construction costs was the reason.  She stated in November, 2006 the co-developer for the projects advised the Housing Authority it was also terminating their partnership; and in 2007, the Affordable Housing Council for Brevard County was also notified that the hurricane housing replacement dollars that had been awarded to the Housing Authority to help complete the projects would not be able to be expended within the timeframe as required by the loans.  She noted it has been reported to the Housing and Human Services Department that several loans exist against properties; some exceed the market value, and it has been said that the loans and business decisions have resulted in negative cash flow and depletion of the Capital Funds; and debtors and creditors have come forth speaking of outstanding debts on projects and demanding payment.  She stated in the past, the PILOT arrears, as it concerns the County, is up to date, but the current payment has not been received for 2006; and the Board of Progressive Communities of Cocoa, the non-profit formed by the Housing Authority, informed the City of Cocoa that the FBI had come to their offices and seized all files.  She advised of most concern is the act that has been initiated by the Housing Authority to move forward, and to liquidate properties in attempt to pay off outstanding debt; many of the properties have outstanding loans and were acquired at prices well above market value; staff believes it is doubtful the selling of these assets, which were purchased with public funds for the express purpose of replacing or constructing affordable  units, will satisfy the debt  or the existing loans of the Housing Authority; and the liquidating of possible public assets at this time might make it impossible to recover and replace lost units.  She stated the Housing and Human Services Department is requesting the Board move forward and prevent further damages by submitting a Vote of No Confidence concerning the operation of the Brevard Family Housing Authorities; and staff suggests the Board request the Governor require them to cease from divesting public assets until such time as a full investigation into the oversight administration of the organization is complete, and ask the Board to forward a copy of this request to the Department of Housing and Urban Development requesting HUD to inform the County of events and outcomes related to this inquiry. 

 

Ron Sellers, Brevard Family Housing Authorities, stated he did not receive advanced notification from staff that this topic would be discussed by the Board today; and he has had limited opportunity to look at the information that has been presented to the Board.  He stated there are several items in Ms. Williams’ report that are incorrect or that present a distorted picture.  He noted there is a perception that the Housing Authority has not kept staff advised as it has gone forward; when the former co-developer contacted the Housing Authority and advised they were not going to continue to partnership, the first phone call he made to the County was to Sam Dettra to let him know that; there is also perception that the Housing Authority is not moving forward with the developments; the Housing Authority has lost the previous co-developer; and it currently has an RFQ out on the streets listing a new co-developer because the Housing Authority’s plans are to move forward.  He stated the information the Board received has a number of misleading items and he would like to address them.  He noted Ramshur Towers is presented to the Board as a former asset of the Housing Authority of Brevard County; it never was an asset; it was an asset of the Melbourne Housing Authority; and the rental agreement is between the Melbourne Housing Authority and the property owner.  He stated staff struggles with the fact that the three Authorities that comprise family are autonomous; they are separate, they have duly appointed boards; and the Governor only appoints the Board of the Housing Authority of Brevard County.  He stated the spreadsheet the Board received was passed out at the last meeting of the Housing Authority of the City of Cocoa for several reasons; all of the properties on the spreadsheet are assets of the Housing Authority of the City of Cocoa, and not assets of the Housing Authority of Brevard County; and the only thing the Housing Authority of the City of Cocoa did by Resolution was to direct that the licensed real estate broker that was part of Brevard County’s Housing Authority’s development group, go out and explore the market to find out if there is any interest in liquidating some of the in fill lots; they are in fill lots and not lots that ever had any Housing Authority units built on them; and they are in fill lots that were initially acquired for the purposes of moving forward with the First Time Homebuyers Program.  He stated the Housing Authority is experiencing a cash flow problem right now; the situation was determined by the Board to see if there is an opportunity to liquidate some of the in fill lots for the purpose of getting rid of some of the debt; and they will move forward with the First Time Homebuyers Program in the future.  He stated it is things like that which concern him because the spreadsheet given to the Board shows the purchase price, then it shows the summary value; the Property Appraiser’s website states the summary value is only the value of the property for the purpose of determining ad valorem tax; it does not address the market value of the property; and had he had an opportunity to meet with staff earlier, some of the issues could have been addressed.  He stated he takes very seriously what is being proposed; and the Housing Authority wants to have an opportunity to sit down and discuss things with staff.  He stated Mr. Deatrick resigned and was not dismissed; and the investigation was initiated by the Housing Authority because it thought it saw fraud within the organization.  He stated the information the Board is getting is distorted; and he knows the $40,000.00 check for this year’s PILOT Program has been cut.  He requested the Board give serious consideration that there are ample questions with regard to the information it has been provided to move forward with, and direct staff to discuss the items.  He commented the Housing Authority is here for the benefit of its clients and the opportunity to get a fully-qualified developer is very important to the Authority because ultimately the clients benefit if the redevelopment issue is moved forward; stated no one has ever questioned the validity; the County’s Comprehensive Plan talks about the two most critical needs, which are affordable housing and special needs housing; and the Authority’s major redevelopment issues are geared toward doing that.  He stated it is important to move forward, and he would like to invite staff to attend the Housing Authority’s meetings. 

 

Ms. Williams stated staff clearly understands the autonomy of each of the Boards; however, that was a decision made some time ago before she worked for the County; and it pre-dates how the separate Housing Authorities are ran.  She stated staff understands that all of the dollars come into the Brevard Family Housing Authority; the Board of County Commissioners does not have authority over that City Housing Authority; and notwithstanding that, even though they are separate entities, special districts created under Florida Statutes, all the projects that have come before the Board, the Board has taken action to support the projects by the awarding of the hurricane housing replacement dollars so Housing and Human Services can move forward with partnering to do affordable housing within the community as a whole.  She stated irrespective of each of the Boards making decisions, all of the decisions impact residents; and affordable housing is being reduced for low income residents.

 

Mr. Sellers stated each of the three Housing Authority agencies get separate and specific allocations of both operating subsidy and Capital Funds; it is not one big pot of money; there are separate allocations of money for each Authority based on the units the Authority is responsible for maintaining and operating; and Magnolia Point is in the City of Cocoa and not in unincorporated Brevard County. 

 

Ms. Williams stated the Housing and Human Services Department was invited to a meeting in November; at that time, Mr. Sellers was not aware of what was going on in his organization or what had occurred with the operation of all of the projects that were out there; and there was a meeting in which everybody was given the input as to their pieces of what was going on and what could be accomplished.  She stated the Housing and Human Services Department has been a part of that as much as it can; it does not have the input other than saying whether or not it would continue to support dollars that it does not have direct oversight or cannot provide direct insight other than the information obtained from Mr. Sellers; and to that extent, Housing and Human Services has been involved.

 

Commissioner Voltz stated Ms. Williams mentioned the Housing Authority was not moving forward with the development, and Mr. Sellers stated they are moving forward with the development; and inquired which is correct.  Ms. Williams responded at this point, Mr. Sellers may be indicating that the Authority is seeking to move forward, but there is no movement from them; and they  do  not have the  co-developer  or  the funds to move forward on any of the projects and all of the funds have been turned back because the authority could not expend them within the timeframe, and even with the dollars, there is a shortfall. 

 

Commissioner Voltz inquired if the Housing Authority returned the $3 million the Board gave it from the hurricane to supply the low income housing; with Ms. Williams responding yes; Housing and Human Services met with Mr. Sellers, and he came to the Affordable Housing Council and asked for additional time because he would get another co-developer and be able to use the funds; and in January, Mr. Sellers came back to the Affordable Housing Council and told them he would not be able to do that.

 

Commissioner Voltz inquired of the issue with Ramshur Towers; with Ms. Williams responding the development is part of the Melbourne Housing Authority, in which the Brevard Family Housing Authority, and Mr. Sellers, is the lead agency; residents within the low-income communities would be affected, and the request to renegotiate to have the residents stay until something else has been located was unfavorable; and the residents will have to find another place within the Housing Authority as of October, 2007.   She noted the Housing and Human Services Department will make sure people are not homeless. 

 

Commissioner Voltz inquired what is the process the Housing Authority used to sell the lots in which Ms. Williams stated it was selling for more than they are worth; with Ms. Williams responding Housing and Human Services received an email from the City of Cocoa that outlined the information it had concerning a progressive community of Cocoa and also the amount of money the Housing Authority paid for lots not only in Cocoa, but also in Melbourne; and those were the lots that were being looked at to see if some of those that were highlighted, to look at to see if they would be able to liquidate so they could pay off any debts and creditors, or reestablish itself in that vein.

 

Commissioner Voltz inquired of the issue with Mr. Deatrick and whether he was fired or if he resigned; with Ms. Williams responding Housing and Human Services was told by Mr. Sellers that Mr. Deatrick was dismissed, and that Mr. Sellers had initiated a HUD investigation into the Capital Program.  Commissioner Voltz stated many things the Board has brought to the Housing Authority Board has seemed to fall on deaf ears; there was an issue when the Board tried to work things out; and no matter what the Commission said, the Housing Authority Board indicated everything was perfect and fine.  She stated suddenly, Mr. Deatrick is gone, and the FBI is investigating; and the people in low-income housing are not getting the housing they deserve.  She advised she will be supporting the item.

 

Chairperson Colon commented Mr. Sellers stated he feels some of the information given to the Board has not been accurate; and he mentioned if there was a joint meeting between him and staff, at that point if County staff is not comfortable, he felt it should be able to move forward.

 

Mr. Sellers stated his concern is for the severity of the actions being proposed; he invited Mr. Deatrick to his office on the morning of October 18^th for the purpose of suspending him to allow the investigation; Mr. Deatrick had previously given him a letter on October 6^th, dated for September 30, 2006,  and  in that letter  he tendered his resignation not earlier than October 23, 2006, and not later than  October 31, 2006; when he called Mr. Deatrick to his office on October 18^th to suspend him, he stated there was no reason to sign anything, as Mr. Sellers already had his resignation and he opted to make it effective immediately.  He stated the Housing Authority went to the U.S. Attorney and their investigative arm is the FBI; that is why the FBI is involved; and he saw things that were clearly inappropriate and he took it to the U.S. Attorney and asked them to initiate an investigation.

 

Chairperson Colon inquired what Mr. Sellers thinks will be accomplished by sitting down and meeting with County staff; stated there is a long history of the track record with the Housing Authority and staff as far as trying to communicate; and the level of trust is not there.  Mr. Sellers responded there is an agreement the two Boards signed which proves if they sit down and work through things, they can come to an agreement; and that agreement is ongoing.  He stated there is a lot of history that predates everyone who is present right now; he continues to struggle to overcome that history, but there are clear indications here that the factual information is incorrect at a maximum, and distorted at a minimum; and he would like the opportunity to sit down and work through that with staff.  He stated if both sides agree at the beginning of the discussion on what they both want, that is the best interest of the Low Income and the Very Low Income residents in the County.  He stated the Housing Authority is doing the redevelopment because in the industry, they are not getting sufficient operating funds to rely just on the capital dollars or just on the federal dollars.

 

Commissioner Voltz stated she tends to believe more of what Ms. Williams has said than Mr. Sellers just because of history; and inquired if another meeting would accomplish anything; with Ms. Williams responding she does not believe another meeting would accomplish anything; and these are concerns and she fears that as it continues, there is more loss of units and more people who are threatened of the loss of a roof over their heads. 

 

Mr. Lusk stated another meeting would not be productive.  Commissioner Voltz stated sometimes there needs to be a line drawn in the sand and the Board needs to say it is not going to do it anymore.  She advised she will be supporting the issue.

 

Commissioner Nelson stated it is troubling to him that units are being sold off when part of the Affordable Housing Program is taking County lots to be able to be used for Affordable Housing; and that is contrary to the direction the Board of County Commissioners is going.  He advised time is an issue, and there are fewer units today than there were three years ago; and there are no units in the pipeline in the near future.  He stated he agrees with Commissioner Voltz; the Housing Authority is going to have to  rebuild confidence in the Board of County Commissioners that it can move forward and do what it says it is going to do, but it is not going to be because County staff is going to sit down with them.

 

Commissioner Scarborough stated the problem Ms. Williams has brought forward seems to be a matter of control; but with the action being taken today, the Board does not have direct control; and the action is just sending a letter stating the Board is concerned, and he will support the item. 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve sending a letter to the Governor for a “Vote of No Confidence” as it relates to the Housing Authority of Brevard County; and direct staff to forward the letter to the Attorney General as well.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated she is concerned about the deadline; if it is moved to February 26, 2007 there will be people coming in on February 27^th who will have to be turned down; if the Board takes everyone who is in the pipeline right now, as of this date, the Board would be much better off than look at a date a month-and-a-half away; and at the end of that time there will still be people upset because their application was not accepted.  She inquired how many people there are in the pipeline right now, and she would prefer to keep it at that; with Fire Chief Bill Farmer responding there are approximately 200 people in the pipeline right now.  Commissioner Voltz advised there are 200 people who have missed the deadline of October 20, 2006; and inquired how word will get out to everybody that the deadline has been extended until February 26, 2007.

 

Commissioner Scarborough stated he agrees with Commissioner Voltz, but if someone sent in their application past the deadline, and someone else was told the deadline has passed, then there is an unfairness there that they could raise the issue; and if a new deadline is set, the Board could say the deadline was extended to everybody and not just for those persons already in the process.  Commissioner Voltz inquired how it can be advertised to get the word out to everyone; stated people could be out of the area; and extending the deadline could cause more problems.  She noted there are 200 people in the pipeline right now that the Board could give a decrease to, and she questions the method that would be used to let everyone know about the deadline.  Chief Farmer stated it would be a good-faith effort; it would be possibly advertised in newspapers, or it could be put on the County’s website, but Commissioner Voltz is correct in that there is no guarantee it will get to everybody, because not everybody has computers and not everybody gets the newspaper, and not everybody has a television.  Commissioner Voltz stated most people in Barefoot Bay do not get FLORIDA TODAY.

 

Commissioner Nelson stated he supports extending the deadline because his office has gotten calls as late as last week about the issue; and short of doing a mail out, the types of notices Chief Farmer referenced are adequate.  He commented every benefit of a doubt should be given to the citizens.

 

Commissioner Bolin inquired if the Board had kept the original deadline, and the next application for 2007/2008 is April 15^th, would the 200 people be able to apply for 2007/2008; with Chief Farmer responding no, they would have to reapply, because no work would have been  done  on  their  application  verification,  and  staff would  have  no idea if people meet the

income assistance or not.  Commissioner Bolin stated with the deadline on February 26^th, there are two months until the April 15^th date.

 

Chairperson Colon inquired if the 200 people would be renotified. Chief Farmer responded they will be notified if they were approved or not; they do not need to reapply if the Board agrees to take the 200 that are in the pipeline right now; and staff has all of the information to go forward with reviewing it, approving it, or disapproving it. 

 

Commissioner Bolin stated if the Board takes those applications that missed the deadline and put them in the front of the line for the new 2007 date, and keep the original deadline of October, the Board would not have the expense of readvertising for an extension.  Chief Farmer advised that can be done.

 

Commissioner Voltz inquired did the Board send out refund checks to people who had already paid their taxes; with Chief Farmer responding he believes most people received revised bills, but how it affected their escrow, he does not know.  County Manager Peggy Busacca stated the Tax Collector is refunding the people who had already paid their taxes.

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to approve Option B, to adopt an absolute deadline of February 26, 2007 to have all Low Income Assistance Applications turned into Fire Rescue; authorize Chief Farmer or his designee to write-off administratively the Fire Services Special Assessment fees for detached condominium garages (when assessment paid on residential condo), cabanas/gazebos/docks, without substantial electricity (i.e. clubhouse, etc.), detached storage unit less than 120-square feet (when assessment paid on residential condo), pump station less than 120-square feet, beach crossovers and wooden decks, and boat slips and submerged lands; approve the Fiscal Year 2007/2008 Low Income Assistance Program Deadline be April 15, 2007; and authorize Fire Rescue to develop an affidavit that can be used for those persons who have been previously approved for Low Income Assistance Program benefits, to be utilized in place of a new full application.  Motion carried and ordered unanimously.

 

 

Frank Abbate, Human Resources Office Director, stated the item addresses a Board directed action that was for staff to bring back to the Board the current Merit System Policy on Donations to Sick Leave.  He noted the Board has information advising of the three-year history of how employees have donated annual leave, compensatory leave, and sick leave to their peers; and staff has provided a fiscal impact analysis of what would happen if the Board changes the current policy. 

 

He noted the current policy is that when employees provide sick leave to other employees it is pro-rata, based on what the employees would be entitled to if they retired under FRS.  He stated the analysis in the agenda report shows the fiscal impact for 2006/2007 being $9,500.00 for the 50 percent option or $34,000.00 for the 100 percent option, based on the fact that the policy would begin five months into the year; and staff is looking for direction from the Board on whether it would like to continue the current policy as is, or move to one of the two options staff has provided.  He advised the first option would be going to 50 percent; sick leave donation would be credited 50 percent of what is donated; and Option 2 would be to go to 100 percent.

 

Commissioner Voltz stated she brought this issue to the Board because of questions she had from employees who were donating time and concerned that the person receiving the donation only received 20 percent of the hours donated.  She stated the Board does not know if it will be spending the money per-year that Mr. Abbate mentioned, because no one knows if the person who donated the time is going to retire in time to have used all of their money; and if something is donated at 100 percent, or 50 percent, that is what is going to be paid.

 

Mr. Abbate stated Commissioner Voltz is correct; staff cannot know whether or not the person who had the sick leave would have used it themselves that year or whether they will be retiring this year and be paid out; and those are assumptions staff made when doing the fiscal analysis.  Commissioner Voltz inquired how staff came up with the dollar amount to be paid out; with Mr. Abbate responding staff used the average County employee salary and then when giving the Board the fiscal impact, staff included the additional dollars that would be involved with benefits; and staff looked at an average salary on an across-the-board basis. 

 

Commissioner Voltz stated if the Board does 50 percent for one year, it would not know an impact of that policy for years in the future; and inquired if it could be done for one year and then looked at again to see what it might cost the County; with Mr. Abbate responding if the Board approves it for one year, he could come back and tell the Board how many hours of sick leave were actually donated and how it would be compared if the old policy was kept in place. 

 

Commissioner Scarborough stated he will support the 50 percent, but he thinks it will be a problem to the Board to institute a policy for employees and then come back and discuss it.  He stated he believes in some degree of certainty; and to move back and forth is not a comforting discussion.  He commented the 50 percent makes sense to him, and he does not think the numbers are going to hurt the County at all; it is a fair policy, and to have a report brought back is a good idea, but he does not want it to come back and be changed again.

 

Commissioner Voltz stated she is asking for a report to come back in a year, but not for reconsideration.

 

Commissioner Nelson stated his preference would be the policy that exists, because it is a good policy; he would like the Board to consider a program that encourages more attendance; employees who show up everyday tend to be shorted because they do not use sick leave as a one-day vacation; and the majority of employees are very good, but there are others who may abuse it. 

 

 

Mr. Abbate stated in place now is a program providing the opportunity for people to sell back sick leave, and get annual leave added.  Commissioner Nelson stated it is a better incentive to reward the employee who shows up everyday.

 

Commissioner Bolin stated the employees she talked to were leaning towards the 50 percent, and she thinks that is fair, especially when it is being used for the purpose it is being used for.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Option 1, to modify the existing sick leave policy to provide a 50 percent pro-rata credit for all sick leave hours donated; and direct Human Resources Director Frank Abbate to provide a report to the Board after one year.  Motion carried and ordered unanimously.

Charlie Ruffenach stated he has a protest to a bid regarding the procedure on a recent bid for janitorial supplies; and he filed a protest regarding how the bid was handled.  He stated he filed a protest for bid on December 15, 2006; when he files a protest there is supposed to be a Protest Committee hearing where he goes before three department heads; and instead, he received two different letters from Central Services Office Director Steve Stultz saying that was not the way it was going to work.  He commented if the Board is going to institute policies, he would suggest that it stick by them; he feels he proceeded in the correct way by asking for a protest, and he was not allowed one; and now he is in front of the Board to protest.

 

Central Services Office Director Steve Stultz stated there were ten bids received ranging from $20,081.00 to $50,389.00 for the estimated annual requirements for the bid in question; of those ten bids, the bid from ISIS Supply, Inc. and Mr. Ruffenach, was the highest at $50,389.00; the protest submitted by ISIS Supply, Inc. alleges that the apparent low bidder does not comply with the statutory requirements for product labeling; and in the protest procedures, it indicates that the formal written protest shall reference the bid, quote, proposal number, and shall state with particularity the facts and laws on which the protest is based.  He advised Mr. Ruffenach and ISIS Supply, Inc.’s protest was based upon an allegation that the low bidder could not comply with the statutory requirements for labeling; that is not based in fact, as product has not been received, therefore, that allegation cannot be verified; purchasing staff contacted the low bidder, who verified in writing that they are in full compliance with Florida Statute 531.47 for product labeling; and in his opinion, the protest received from ISIS Supply, Inc. does not provide standing because being the highest of the ten bidders, ISIS Supply, Inc. is not substantially affected by the intended action. 

 

Commissioner Voltz stated ISIS Supply Inc., was the tenth bid out of ten bidders; Mr. Ruffenach was the highest bidder; and she does not see what difference the protest would have made.

 

The Board took no formal action on the citizen request by Charlie Ruffenach, President of ISIS Supply, Inc., concerning his protest of Bid Award #B-4-07-28, Janitorial Supplies.

Attorney Richard Martino stated the request is for the Board to sponsor a Bill in the name of David Tripp; the Bill would be for the filing of an injunction of a restraining order; and womenslaw.org, which helps women who have gone through domestic violence, states that morally, the first thing a woman should do after an injunction has been filed is to contact their local security, neighborhood watch, and their homeowners association, and their local security company.  He commented on domestic violence usually happening in the home; and the infrastructure of security being done by the security company itself, and not law enforcement.  He requested the Board sponsor a Bill to go to the Legislature that would make it a legal requirement that a person who is petitioning for a restraining order have to inform of the clear and present danger that they believe exists, and go to their local security company, neighborhood watch, and homeowners associations, once they have made it public record.

 

Chairperson Colon inquired if Mr. Martino has spoken to anyone in the Delegation; with Mr. Martino responding he has made calls to Mitch Needelman, but he has not yet had any meetings; and he is waiting for those meetings to be scheduled.  He stated the Tripp Family does not want what happened to their son to happen to anyone else; and David Tripp was a good kid with Cerebral Palsy, and who could have lived off of the system, but instead he spent the last six years working as a security guard.  He advised the Board of the incident at The Great Outdoors in which David Tripp’s life was taken by someone who had an injunction filed against him.

 

Chairperson Colon offered condolences to Mr. Leon Tripp and his family.

 

Commissioner Scarborough stated there is a security area at the entrance to The Great Outdoors; and because of a lack of procedure the security area was not notified there was somebody on the property who had just obtained an injunction because of potential violence.  He stated injunctions are of minimal value unless there is a procedure requiring people to notify authorities; and he would like to make a motion that Chairperson Colon write a letter to the Delegation   indicating   that   the  Board   is  concerned   about  this  particular   problem and that if procedures and protocols could become a part of the process, it would benefit the injunction process.

 

Attorney Martino stated if the person who is fearful for their life is told in an outline what it is they must do, they will adhere to it.

 

Commissioner Voltz inquired of residents who do not have a security company, a homeowners association, or a neighborhood watch; with Commissioner Scarborough responding even making the neighbors aware will help; and someone may spot a person in the neighborhood who has the injunction filed against them and be able to warn other neighbors and the person who filed the injunction.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to acknowledge the request   by  Attorney   Richard   Martino,  representing   the  Leon  Tripp  Family,  concerning  a

referendum/bill be passed that anyone who files an injunction or restraining order against another person, making public record of a danger to them and their community, be not just morally obligated but also legally obligated to inform their Homeowners Association, Neighborhood Watch, and/or local security company of the clear and present danger they believe exists; and authorize the Chairperson to send a letter to the Legislative Delegation advising of the Board’s concerns about this particular problem, that procedures and protocols could become a part of the process, and it would benefit the injunction process within the State.  Motion carried and ordered unanimously.

 

Chairperson Colon suggested District 1 put together a resolution for David Tripp to honor him.  Commissioner Scarborough stated he will do that, and he will also frame it in a way that the Board would like to see the Bill.

 

 

Commissioner Voltz stated the Sheriff needs to be commended for sending back money because he has saved it; the Board did not always have that in the past; and she has no problem moving the item forward, but she wanted the Sheriff to get credit for sending money back to the Commission, and asking it to be earmarked for certain things rather than spending the money and asking the Commission for more money because there is a need there. 

 

Chairperson Colon stated some of the discussions during the strategic planning were in regards to trying to inform the Board’s Charter Officers ahead of time and not wait until the 11^th hour; and  the  Board is trying  to  improve the lines of communication.  She stated everyone needs to work as a team; and the Board will be sending a letter to all of its Constitutional Officers and the Directors informing there will not be any favorites and no one will be excluded. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to implement the transfer of previously approved excess funds from the Sheriff’s Budget from the previous Fiscal Years for renovations to the Jail Annex for conversion to a Women’s Jail and for facility upgrades, renovations and construction of Sheriff’s Office facilities; and authorize any necessary budget amendments to effect the transfer.  Motion carried and ordered unanimously.

 

 

 

Commissioner Nelson stated he is concerned about reducing the parking requirements for the facility when the facility itself can change how it manages its business.  He stated it is a treatment facility, and his concern is that it may change the way it manages its program after the parking is reduced.  He inquired if the use goes away, what protection does the Board have that it does not create a substandard sized parking facility for whatever the new use is; and he is comfortable that it would be caught in the occupational license process, but he is more concerned with the changing of drug treatment techniques which may require more family to be present, and suddenly there are more cars coming in and out of an area that has reduced parking.

 

Ed Lyon, Permitting and Enforcement Director, stated if Resurrection Ranch changes some procedure or policy, or the way it administers treatment, and it affected their parking, it probably would not be caught.  He advised if the property owner did something that modified the use of property, it would be caught with the BDP that is on the property; or the change would require trip thresholds; but if they changed something internally, the parking waiver would still be in effect.

 

Commissioner Nelson stated he is concerned that there is no way of locking into a number of parking spaces based on what they are demonstrating as today’s need; and he would prefer to see some design that includes the capacity to have the full parking.

 

Commissioner Bolin stated it is her understanding that if the parking is reduced and someone buys the property at a later date, the parking can be added back.  Mr. Lyon stated until the use changes, the waiver would stay with the use, and not the ownership.

 

Commissioner Bolin inquired what would be the impact if the Board denies the reduction in parking; the owners of the facility feel they can run it with less parking; and she hates to second guess them. 

 

County Manager Peggy Busacca stated the expansion of the dining room is part of the BDP at the direction of the Board of County Commissioners; and this request is partly because of the requirement of the Commission.

 

Commissioner Nelson stated he predicts a future Board will deal with a transition from the current use of the facility to something else and it will have to address the parking.  He advised the Board is setting itself up for a future request for some type of waiver of parking requirements for some other use because it has not allocated it today, and it has not made the applicant plan for that potential.  He stated it is to the applicant’s advantage to anticipate a change of use; and the option he was giving is to identify the need for parking in the future.

 

David Miller stated he has worked diligently for a year and a half to get the site plan; it is an existing facility and the expansion needs to be done; the engineers cannot engineer anymore parking lots into the existing facility; and it cannot happen because of the retention pond.  He stated the facility is currently zoned Light Institutional; the Board rezoned the property last year in order for it to become an assisted living facility; if the operations change, the facility will become heavy institutional; under the current zoning, they are not allowed to change the use unless they come back before the Board to change the zoning; and that would change the parking regulations.

Commissioner Voltz stated the facility is limited in use by the small number of parking spots; and if the Board stops them at the last minute, they are going to have a problem.

 

Chairperson Colon inquired if the Board’s motion was to leave the item alone; with Commissioner Scarborough responding he understood Commissioner Nelson to say he wanted to grant the waiver of parking requirement, but ask the facility owners to define the “what if”, and not ask them to actually do anything.

 

Mr. Lyon stated staff can work with the facility owners and look at other alternatives; speculating on what could be done on the property to increase the parking is very difficult; and the parking requirements are in excess of the ITE Manual, which is a nationwide parking generation guideline. 

 

Ms. Busacca inquired if Mr. Lyon could look at the possibilities within two weeks and then come back to the Board; with Mr. Lyon responding affirmatively. Commissioner Scarborough stated the Board could grant the waiver today, and if staff comes back and reports there are no options at all, then it is still granted.

 

Commissioner Nelson stated he has looked at the site plan and can tell there is enough room to add the additional parking spaces; he is asking them to just look at where additional parking could go in the future; the Board is asking them to sketch out where they would put those additional parking spaces at such time as they were required, if they were required; and the Board is not asking them to actually build them.  Mr. Lyon stated staff can even look at grass overflow parking; with Commissioner Nelson responding that would be fine.

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to waive Article VIII, Chapter 62 of the Land Development Regulations for the reduction of required parking spaces from 29 to 18 spaces for an Assisted Living Facility development, with such waiver only for the current expansion under review as SP#06-06-001; and request the developer sketch where he would put additional parking spaces if they were required in the future.  Motion carried and ordered unanimously.

 

 

Chairperson Colon requested the Board look at the schedule sent to it by the School Board.  She noted the Board of County Commissioners asked for the joint meeting; therefore, the Board would be calling the meeting to order, and not the School Board; and she would want the Chairman of the School Board to be sitting next to her.  She stated even though it is a workshop, the Board of County Commissioners has always allowed the community an opportunity to have public comments, and that is missing from the schedule; the schedule also includes an explanation by Dr. DiPatri, and she would like to include County Manager Peggy Busacca, because she has also attended the meetings; and she thinks it would be a good idea to have Odyssey Charter School present.

 

Commissioner Bolin stated she agrees with Chairperson Colon.  Commissioner Nelson inquired if the Board could just have a “Statement of Issues”, as opposed to saying “School Board Position” and “County Commission Position”; with Chairperson Colon responding that is fine. 

 

Commissioner Voltz inquired who could call the meeting to order; with County Attorney Scott Knox responding the Statute requires the party initiating the dispute resolution process, to go ahead and coordinate the meeting.  Chairperson Colon stated she would like to request that the Board of County Commissioners call the meeting to order, as it is the one who requested the meeting. 

 

County Manager Peggy Busacca stated there has been a request by Odyssey Charter School to actually sit at the table; with Chairperson Colon stating the Board already decided Odyssey Charter School will be at the table.

 

 

Rob Medina, District 5 Aide to Chairperson Colon, stated there is a local organization called The Association of United States Army; and he is a Marine and is very supportive of all of the men and women that are serving in the Armed Forces.  He advised the event is for local teens, 16 to 21 years old; to volunteer they can call Kip Mathias at 321-591-9826; they will be able to hand out fliers at the Busch 500 and the Daytona 500 in February; the Busch 500 is on February 17, 2007 and the Daytona 500 is on February 18, 2007; and if someone volunteers, the Association will get credit and some funds will be available to the volunteers. 

Commissioner Voltz inquired if the Palm Bay Parkway Agreement can be discussed; with County Manager Peggy Busacca responding Transportation Engineering Director John Denninghoff has seen it and has said the Agreement among the Cities looks okay; there is still an outstanding issue with D.O.T.; and she will add the item to the Agenda on January 26, 2007.

 

 

 

Upon motion and vote, the meeting adjourned at 12:50 p.m.

  

 

ATTEST:                                                                     ___________________________________

                                                                                    JACKIE COLON, CHAIRPERSON

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

_____________________

SCOTT ELLIS, CLERK

      

 

 

           (S E A L)