MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

May 3, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 3, 2007 at 5:01 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and Assistant County Attorney Christine Lepore.

 

The Invocation was given by Commissioner Nelson, District 2.

 

Commissioner Scarborough led the assembly in the Pledge of Allegiance. 

 

 

 

Chairperson Colon read aloud a resolution commending Tommy Bailey.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution commending Tommy Bailey for his outstanding efforts and congratulations for a successful future.  Motion carried and ordered unanimously. 

 

 

Tommy Bailey stated it is better to express oneself through rap music than violence.  Chairperson Colon stated young people are able to communicate through rap music, and it is a unique and important message.  Mr. Bailey stated he has had friends involved in violence and he tries to get the point across to them and hopefully end violence.

 

Norm Wolfinger, State Attorney, stated the concept of the rap album is to develop and not destroy; to reach people through communication of the music by these aspiring rappers; and when he has walked through neighborhoods where armed robberies have occurred, he has actually heard the first CD being played in some of the houses.   He stated Tommy Bailey and Jared Burgos are trying to change the concept of no safe streets and creating hip hop music that talks about gun violence and the destructive nature of no snitching, which is contaminating the entire community and country, causing law enforcement to not get cooperation.  He noted sales of gangster rap is plummeting and it is through the kind of efforts by Mr. Bailey and Mr. Burgos. 

 

 

 

Chairperson Colon read aloud a resolution commending Jared Burgos

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution commending  Jared  Burgos  for  his  outstanding  efforts  and  congratulations  for  a successful

 

future.  Motion carried and ordered unanimously. 

 

 

Jared Burgos stated everybody listens to mainstream music; a lot of hip hop music is negative and violent; and it is best if kids have a good message to come across.  He stated people are going to listen to it regardless of if it sounds good.

 

Chairperson Colon stated it is wonderful that Jared and Tommy are best friends; and it is important for parents to be a part of their children’s lives.

 

Jared Burgos and Tommy Bailey gave the Board samples of their rap songs.

 

 

County Manager Peggy Busacca stated the Special Session by the Legislature is scheduled for June 12 through June 22, 2007; stated she is statutorily required to provide to the Board a proposed budget by July 15, 2007; she has directed the department directors to develop a status-quo budget to be submitted by May 31, 2007; and it is not her intent to state the status-quo budget will be adopted by the Board, but to simply provide a basis of discussion.  She advised it will take several weeks for her and the budget office to go through the budget requests and prepare them for the Boards review; and she would anticipate that review can occur at the end of June.  She stated she has talked to the Commissioners and reviewed their schedules and it looks like they all can be available in the June 25^th to June 26^th timeframe, which meets staffs timeframe of getting the information together.  She noted there are several budget workshops that have been scheduled and the Board can begin the process of developing priorities on a programmatic level during May; the Board may remember she put together a memo at the April 26, 2007 workshop that talked about budget priorities on a broad scale; and if the Board wishes to discuss that it can do so on Tuesday, May 8, 2007 when there is a Board workshop scheduled for 2:00 p.m.   She stated if the Board would like additional specific information about costs of programs and increases in the budget from year-to-year, that information is being developed but will not be ready for Tuesday’s workshop.  She inquired if the Board wanted to proceed with the workshop on May 8^th; and stated there is another workshop scheduled for May 10, 2007 at 1:00 p.m. and on May 22, 2007 at 2:00 p.m.

 

Commissioner Voltz inquired what kind of information the Board will have to work with if there is a meeting on Tuesday; with Ms. Busacca responding the only information would be the very broad policy document that she put together for the April 26, 2007 workshop which discusses such things as what the Board is going to do with the Charter Offices; if the Board wants to talk about moving forward with the bonding of roads; and if it is going to continue with construction because it may not have money to fund the maintenance and operation of recreational facilities.  She stated if the Board wants to wait until after the June deadline she feels there is still adequate time to go through the process before the September final decision, but at this time the only information the Board would have is the general information. 

 

Commissioner Scarborough stated closing a library early or for a day does not save money; the saving occurs when people are not working; and however the Board cuts the money, light bills and gasoline are not going to balance.  He noted the Board was criticized for the newspaper ad because it was inflammatory; other people stated there was no way the ad represented $76 million in cuts; it is an impact affecting the cities as well as the unincorporated County; and Satellite Beach indicated there would be a 50 percent reduction in its operating budget.  He stated there are enterprise funds that are not included; the Board has the General Revenue Ad Valorem Tax; and that is the area where people and programs would be impacted.  He stated at the presentation on Tuesday, Ms. Busacca stated 1,400 employees would have to be terminated if there was just a loss of wages; and a week ago the Board advised that would not be the extent of it because as people are terminated there are costs incidental to those terminations. 

 

Ms. Busacca advised for every seven people the County lays off, it has to lay off an additional person in order to pay the unemployment; for every 9 to 10 people who are laid off there would be an estimated payout of sick and vacation accrual that would require an additional layoff; and in order to lay off 1,400 people, the Board would have to lay off 350 additional people to pay the benefits.

 

Commissioner Scarborough stated he had a conversation with Lynda Weatherman regarding the loss of 1,400 employees; there was previously a conversation between the Board and Ms. Weatherman regarding the loss of 8,000 jobs at Kennedy Space Center; the loss of 8,000 people would result in a $1.4 million negative recurring impact to Brevard County; and he would assume there will also be layoffs in each of the cities.  He stated it would be interesting to share with the Delegation the economic impact to the County when it loses 3,000 jobs; stated 3,000 jobs will be lost in which those people cannot get a job in Orlando or Volusia County; and they will be compelled to move to other states.  He stated the whole process will be a collapse of the entire state, which is one of the largest states with many people in each department; and he would like to see some data and see if they understand the people are the reason the Board can reduce the budget.  He stated if the budget is reduced by terminating people it is going to negatively impact everything else; and he would like to see that pursued.

 

Chairperson Colon stated it is necessary to have that data; she watched the tape from Tuesday’s meeting; and the Board was sharing with the community the kind of impact that will be on the State if it goes forward.  She stated that the delegation wants to do the right thing; the delegation is listening to the constituents about taxes being too high; the intentions were truly genuine; and the discussion got out of control and escalated to the point that there was lack of communication between the State and local jurisdictions.  She stated the Board would have been criticized if it placed the ad or not; the Board did the right thing by sharing the information with the community; and the community was able to realize what a difficult task the Board is facing.  She stated with the Special Session in the middle of June, it puts every budget on hold and the longer they take, the more difficult it is for jurisdictions throughout the State to be able to figure it out; the data Commissioner Scarborough is requesting is crucial for the delegation to be able to see in black and white and to be able to hear from the folks if they are for or against it; and there are a lot of people who are concerned of the impact to the community.

 

Commissioner Nelson stated he is most troubled by the accusation that the Board is trying to scare people; the level of discussion he witnessed in Tallahassee about what could happen scared him because they were very sincere about wanting to reduce some very dramatic numbers; and the Board needs to continue the process to take that seriously that it needs to go through the evaluation process related to programs.  He stated the Board needs to use its time wisely; it cannot hurt to continue the process and identify what it would look at if the cuts come down and in what amount; and it is worthwhile to hold the workshop on May 8^th to continue the discussion and begin to focus on where it would like to go as far as any reductions.  He stated the Board needs to look at Charter Officers and it needs to give some direction that they can choose to do whatever they want to do but he would like to be on record as having asked them to participate in whatever the solution is.  He stated he would support continuing the process of identifying the programs that may be reduced.

 

Commissioner Voltz stated she agrees the Board needs to continue looking at whatever cuts it is potentially going to make; the Board needs to prioritize what it needs to do; talking about laying off 1,400 people is outside where the Board should be; and she has serious doubts the Legislature is going to do anything that is going to affect the County and State in such a manner.  She stated she has confidence the Legislature is going to do the right thing and she thinks they will hear the cries of the citizens and not just the elected officials in the community and will do the right thing for everybody.  She stated the Board needs to be cautious and look at cuts and prioritize, but she does not think it needs to set its sights on losing 1,400 employees, plus another 350 employees.

 

Chairperson Colon stated based on the information she received, the Board will have to look at employees; the number that is more realistic is 1,700 layoffs; it is a matter of prioritizing and the only thing the Board can do is be very clear about how important public safety is; and the Board can work its way out from there.  She stated everything else at this point does not look like it can be saved; when the Board ran the numbers last week it was looking at $76 million and was not scratching the surface based on what she was looking at; and the Board pulled that number based on what was a proposal from the House, which was a $115 million cut to Brevard County; numbers pulled from the Senate side, which was $48 million cuts to Brevard; and then the Governor stepped in and told the two sides to compromise, which made $33.5 billion, which would equate a loss to Brevard County of $76 million.  She stated the Board took the number based on how things were going; she agrees with Commissioner Nelson that it is an uncomfortable discussion but it has to take place and it has to take place very soon; and data has to be gathered quickly and the Board would be negligent if it did not do that. 

 

Commissioner Bolin stated she would like to have the workshop next week; the other Commissioners have a great deal of knowledge and experience with the budget process and she would like to hear dialogue with them as often as she can and this is an opportunity she does not want to miss. 

 

Commissioner Scarborough stated people do not understand the Board can go back easily to revenue it received in 2002/2003 but what it has to buy is at the 2007/2008 cost; asphalt has gone up four folds and if the Board gave Road and Bridge Director Billy Osborne the same amount of money for asphalt he would be filling one-fourth the number of potholes; and it makes

sense on a theoretical basis but it is all of the little component pieces that become extremely difficult.  He stated he is overwhelmed with the task the community has to go through; and he agrees the Board needs to talk as much as it can.

 

Commissioner Nelson stated it would be helpful if, between now and then, each of the Commissioners consider the process; stated having been on the department side he was always frustrated with across-the-board cuts because that meant the workforce was diluted; there were fewer people to do the job, but the expectation stayed the same; and in the end there were people dissatisfied with a service, but it was supposed to be provided at the same level it was before the cuts.  He stated his preference is to look on a program basis; he would like to know that whatever the Board does, it does well; and it is a much more defensible position to say the Board would love to provide a service but cannot as opposed to doing something poorly but across-the-board.  He stated the Board may want to have a program request that says what the service is and what the impact would be.

 

Ms. Busacca stated staff has a list of all of the services and programs with money attached to them; there is a listing from each department with 30 percent reductions that they believe should be the first 30 percent the Board goes after, with a listing of the impacts; the Board needs information on each department and how much they have received over the last few years; and the SAP Program can help staff do that.   She stated if the Board could focus on the big picture on Tuesday and then begin to drill it down and it would give staff time to generate the information as the Board is thinking it through; and if that thought process works for the Board it gives staff time to stay one step ahead and give the Board the information it is requesting. 

 

Chairperson Colon stated one thing that was mentioned on Tuesday was that in 2002 there were libraries and parks being funded; but this is such a beautiful community and people are coming no matter what; and they want the services including libraries, parks and protection of the lands.  She noted Satellite Beach did a good job of asking how someone at the State level dictates to a community what it should and should not have; and each community should dictate what it wants and does not want.  She stated a good example of that is Parks and Recreation with the different referendums; there were areas in the County that did not want a certain number of parks and they were able to vote for that individually; and Sheriff Parker did a good job of pointing out the millions of dollars of unfunded mandates.  She stated it is an opportunity for the Board to be detailed and transparent of where every single penny has gone; that is what the community wants to know; and the Board owes it to the community.  She advised 43 percent of the County’s General Fund expenditures goes to Constitutional Officers; and the Board will share the information and the citizens will know what is going on.

 

Commissioner Nelson stated a gentleman came into his office today and stated he had visited Representative Allen’s office and was told there would only be a six percent cut; that is the information that is going out, but it is a six percent cut of $1 billion; the Board knows there is not $1 million in the bank and that it is an accounting process; and the revenue is under $300 million and it is closer to a 30 percent cut.  He stated when he spoke before the House Committee in Tallahassee he was asked by a representative from the west coast of Florida if Brevard County could not cut six percent from its budget; and his reply was six percent could be cut from the property tax,  but a six percent cut of $1 billion is a larger number and it would have

dramatic impacts.  He stated perhaps the Board has not done as good a job as it could have with the complexity of the budget and those funds that cannot be touched to be moved around; the Board cannot move Solid Waste dollars over to pave roads; and there is an impression there is a pot of money and the Board is able to do those kinds of things.  He stated one item listed in the newspaper ad was about frequently used parks; one of the dangers is that if one starts comparing Parrish Park in Scottsmoor to Wickham Park, Wickham Park is going to win because so many more people go there, but if that park closes the next one is 15 to 18 miles away; and that is the danger in making it a mathematical process, because those people are still going to pay taxes, but they are going to have to drive a significant distance to get to facilities that everyone else enjoys. 

 

Commissioner Scarborough inquired if the Board, along with members of the City Councils, could meet with the Delegation in a methodical way and explain to the impact facing Brevard County; and inquired if Chairperson Colon could explore the possibility.

 

Ms. Busacca stated the League of Cities is trying to accomplish that on the May 14, 2007 meeting; it may simply be a matter of the Commissioners going to the League of Cities meeting; and Georgia Phillips is working on that.  Chairperson Colon stated she agrees it has to be handled in a sensitive manner and it is a matter of giving the information to everyone involved.

 

 

 

Christine Lepore, Assistant County Attorney, stated she needs authorization from the Board to request an executive session for May 8, 2007 in the case of Showboat versus Brevard County to discuss litigation strategy.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize executive session for May 8, 2007 between Showboat versus Brevard County, at 11:30 a.m.

 

 

 

Chairperson Colon noted what a wonderful job Commissioner Scarborough did at the budget meeting on Tuesday and thanked everyone who attended the meeting.  She also expressed appreciation to County Manager Peggy Busacca, Assistant County Manager Stockton Whitten, and Budget Director Dennis Rogero for their hard work.

 

 

 

Commissioner Voltz stated she spoke with Assistant County Attorney Terri Jones about Ordinance 62-4336, Penalties and Remedies; it looks like the Board is going to be averaging approximately $250,000 a year in fines for Code Enforcement issues related to Natural Resources; the Board had stated it was going to look at buying more property with that money; and  could  it be  rearranged  into  the  General  Fund  because  the  Board  needs money in the

General Fund and part of that money has been taken twice and used for landscape issues in the Merritt Island Redevelopment Area.  She inquired if staff can advertise an ordinance; with Ms. Busacca inquiring if the Board wants an advertisement or if it wants a report.  Chairperson Colon stated the Board would like a report; it is too premature and the Board does not know all the details; and it would be good to get a report on the Agenda so the Board can make an intelligent decision.

 

 

Commissioner Bolin stated Dr. Keith Winsten is the Executive Director of the Brevard Zoo and she has asked him to share an overview of the exciting milestones that the County will see at the zoo over the next several years.

 

Dr. Keith Winsten stated the zoo had a wonderful year in 2006; the zoo crossed the 300,000 person mark for the first time in 2006; and that was a 15 percent increase from 2005.  He noted a lot of the increase in visitors was due to Extreme Dinosaurs, which will return to the zoo in 2008; but support for the zoo is coming from many levels.  He commented on the new exhibits, and new amenities being the key to success; stated the zoo is constantly looking in-house for new exhibits; and the zoo has opened a vulture exhibit recently, which includes local vultures.  He noted the zoo does not receive any operating funds from the County, but the County and other agencies have been very supportive in terms of new capital projects; the zoo receives Bed Tax and TDC Funding, which allowed the zoo to renovate the Flamingo Café; and the zoo just completed the new pavilion.  He added the zoo is an official Space Coast Tourist Information Center and is looking for the new TDC signage to direct people to the zoo.  He commented on future improvements at the zoo; the zoo will be renovating the children’s Paws On with some dramatic changes; in 2009 the zoo will have cheetahs; and in 2010 will see a large exhibit called Wild Florida.  He stated the new children’s exhibit will feature indoor and outdoor exhibits with air conditioned space; a place where a child can practice being a veterinarian or dig up fossils; and a large outdoor space that will include the Indian River Lagoon Adventure which will have marine creatures and models.  He noted the zoo is proud to announce it will feature an Animal Care Center in 2009; the Wild Florida exhibit will feature a lazy river where children and families can snorkel and tube past exhibits; and it will dramatically change the zoos appeal in the summer and its appeal with tourists.  He noted visitors will be able to swim past baby alligators; the zoo will bring back black bears, Florida Panthers, otters, and an outdoor theater that will allow the zoo to present shows. 

 

Commissioner Bolin stated she is a big fan of the zoo; and commented on giraffes that visitors can look eye to eye with on a platform.

 

Dr. Winsten stated what makes Brevard Zoo different is its innovation; and commented on visitors being able to cruise by otters in the water. 

 

Chairperson Colon stated she is proud to have the zoo in the community and thanked Dr. Winsten and his staff.

 

 

Chairperson Colon stated the Board’s prayers go out to the Genoni family and also to the Charamut family; who recently lost loved ones.   

 

 

 

Zoning Manager Rick Enos advised Item VI.B.6. is automatically tabled to the May 24, 2007 Board of County Commissioners meeting; and Item VI.B.7. has been tabled to the September 6, 2007 Board of County Commissioners meeting.

 

Chairperson Colon called for the public hearing to consider items to be tabled, as follows:

 

VI.B.6.  (Z0704201) Anthony G. LaCourt’s request for a Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification on 0.15 acre, located on the northwest corner of Fortenberry Road and Plumosa Drive, which was recommended for denial by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to table Item VI.B.6. to the May 24, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

VI.B.7.  (NMI70401) Andre K. Dubinski’s request for a change from AU to RR-1 on 19.68 acres, located east of Judson Road, north of Chase Hammock Road, which was recommended for denial by the North Merritt Island Dependent Special District Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to table Item VI.B.7. to the September 6, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

Chairperson Colon called for the public hearing to consider recommendations of the Planning and Zoning Board of April 9, 2007 and the North Merritt Island Dependent Special District Board of April 12, 2007.

VI.B.1. (Z0704301)  Diane S. Weiser’s request for a change from BU-1, AU, and TR-1 to all TR-1 on 1.86 acres, located on both sides of U.S. Hwy. #1, 200 ft. south of Snug Harbor Way, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.1. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

VI.B.2. (Z0704501)  Christopher & Heather Devries’ request for a  change from IN(L) to     RU-1-13 on 0.06 acre, located west of North Court, west of Highway A1A, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.2. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.B.3. (Z0704502) Robert E. Wade’s request for a change from AU to RU-1-3 on 1.5 acres, located on the south side of Henry Avenue, west of Minton Road, which was recommended for approval as RU-1-13 on the south 80 feet and RR-1 on the balance of the property, by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.3. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.  

 

 

VI.B.4. (Z0704101) Frank Cowan & Candace J. Cowan’s request for a change from GU to AU-1 on 2.22 acres, located west of Pine Street, south of Cabbage Palm Street, which was recommended for approval by the Planning and Zoning Board.  

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.4. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.1. Section 30, Township 26, Range 37, Parcel 257, owned by Florida Inland Navigation District, currently zoned BU-2 (Retail, Warehousing and Wholesale Commercial) and IU (Light Industrial) with a Binding Site Plan, and proposed to change to GML(H) (Government Managed Lands – High Intensity) with removal of Binding Site Plan, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.C.1. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.2. Section 26, Township 25, Range 36, Parcel 25, owned by Florida Inland Navigation District, currently zoned GU (General Use), and proposed to change to GML(H) (Government Managed Lands – High Intensity), which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.C.2. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.3. Section 18, Township 20G, Range 35, Sub. #01, all of Blocks 1 to 6, and all of Blocks 7 to 10, 23 to 26 and 30, except Lot 1, Block 8 and all of Blocks 34, 35, 46 and 47, and Section 18, Township 20G, Range 35, Sub. #02, N. 275 ft. of Lot B, and all of Block 36, N. ½ of Lot #, Lot D, except W. 420 ft. F, Blocks D.1, E.1, F, all of Blocks 28, 29 and 37, 31, 32 and Block 8, Lot 1, owned by Florida Inland Navigation District, currently zoned AU (Agricultural Residential), and proposed to change to GML(H) (Government Managed Lands – High Intensity), which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.C.3. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.4. Section 20, Township 21, Range 35, Parcel 1, and Section 21, Township 21, Range 35, Parcels 251, 252, 253, and 255, owned by Florida Inland Navigation District, currently zoned RU-1-9 (Single Family Residential) with a Binding Concept Plan, and proposed to change to GML(H) (Government Managed Lands – High Intensity) with removal of Binding Concept Plan, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.C.4. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.C.5. Section 20, Township 21, Range 35, Parcels 2, 3, 4, 30, 31, 49, and 50 and Section 21, Township 21, Range 35, Parcels 256, 259, 260, 261, owned by Florida Inland Navigation District, currently zoned AU (Agricultural Residential) and proposed to change to GML(H) (Government Managed Lands – High Intensity), which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.C.5. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.B.5. (Z0704102) Sergio Benitez’s request for a Conditional Use Permit for Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification on 0.12 acre, located west of U.S. Highway 1, south of Pam-Lem Street, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.5. for beer and wine only and accessory use to a restaurant only.  Motion carried and ordered unanimously. 

 

 

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

Chairperson Colon inquired if Housing and Human Services were able to sit down and meet with citizens and hear their concerns; with Chenita Joiner, Support Services, Housing and Human Services, responding yes, it has.  She stated Housing and Human Services conducted two additional public meetings and have also met with several of the individuals who came forth at the last public hearing.

                                                           

Ms. Joiner advised this is a continuation of the second public hearing to receive public comments for the proposed affordable/workforce housing ordinance; the ordinance has been revised since the last public hearing based on public comment and direction staff received from the Board; and staff removed its references to the accessory dwelling units. She advised the sections that were removed from the ordinance are referenced in the Agenda the Board received and have also been noted in the ordinance.  She stated Housing and Human Services has held two additional meetings since the last public hearing and has also met with several different individuals to address concerns.  She noted it is important to remember the use of the incentives in the ordinance are voluntary; and the adoption of the ordinance is important because it sets forth clear direction for staff and to the development community on how affordable/workforce housing should be developed in Brevard County.

 

Kathy Starkey stated she is an active real estate agent and she also represents Florida Association of Realtors as this years District 2 Vice President.  She stated last year the County Commission identified workforce housing as a critical issue and directed staff to work with community and industry leaders to craft a solution as a result of that direction; and while it is true the housing market has slowed down and there has been a drop in some housing prices, it is not significant enough to relieve the need for what is being referred to as attainable housing.  She noted she has been an active real estate agent in Brevard County for 22 years; it is hard for her to accept that two working people in a household with a combined income are finding it more and more difficult to buy a home; and that includes teachers, firefighters, bank tellers, and others.  She stated she would like to encourage the Board to approve the ordinance and give the private sector housing industry a chance to use the ordinance and go forward.

 

Jack Rood stated he is a local business owner, a member of Brevard Tomorrow, and also serves on Brevard Workforce Development Board, which has its own housing task.  He stated he owns an  architectural  firm in Cocoa  and  has been fortunate to  do several projects with the

Board and looks forward to working with it again in the future.  He noted he is in favor of the workforce housing ordinance and the fact that it promotes a positive and constructive relationship between government and the entities that can work toward providing workforce housing; he believes a planned allowable increase in densities in some areas would provide for a better mix and more housing choices for the people who work in Brevard County; and there are two groups of people who would benefit from the ordinance, young professionals and young adults.  He stated as with his business and many others, they must rely on skilled young professionals in order to take over the work of staff and projects; and not all skilled young professionals are available in Brevard County and they must be sought outside the community.  He noted he recently employed a young man who is a graduate architect seeking his registration to be able to practice; he is under 30 years old, married, his wife is pregnant with their first child, and his pay was $50,000; and he could not find affordable housing in a community of his choice in Brevard County.  He stated in today’s market it is frustrating for him because he has to seek young people who are single to try to convince them to come to Brevard County; and the young man he mentioned has left Brevard County to go to a northern town because there was better choice of housing, neighborhood type, and lifestyle choices.  He stated his other concern is young children; if there is insufficient housing choices for the children in Brevard County, then how can one expect the children to stay in Brevard County; he has raised his children and educated them in Brevard County and he wants his children to stay as close as possible, but he questions whether they are going to be able to find and afford local housing to be able to do that; and that is his biggest concern.  He stated Brevard County is not the only community facing the same problem; he has an article that focuses on Broward County and it states, “Even employers paying starting wages of up to $60,000 say it is tough to get workers to move to the area because of housing costs”; and the proposed ordinance can help to begin to resolve and develop a partnership and densities in some areas and move forward to provide a better choice for young professionals and young adults. 

 

Kristin Bakke stated she represents the Brevard Workforce Housing Task Force, which is the private/public partnership grass roots collaborative that the Brevard Workforce Development Board and Lead Brevard have co-chaired since September, 2005.  She stated when the Brevard Workforce Housing Task Force did its survey of young professionals in 2005/2006, 78 percent of the young professionals indicated that cost of lifestyle and housing options were most significant to them; out of 1,100 persons surveyed, 355 of them indicated they were not sure they would stay in Brevard County; and if they do not stay in Brevard County it represents $12 million in taxable income and $86 million lost in economic impact.  She stated it is an obvious conclusion that the issue is key to the young professional community and she would like to broaden the definition and think broadly as possible.  She advised a second survey conducted with the local Chambers of Commerce 18 months ago indicated that 51 percent of those businesses were seeing negative impacts in terms of the business community’s ability to hire and attract a qualified workforce.  She noted the next step is before the Board in the proposed affordable/workforce housing ordinance; she believes it embodies the spirit of the smart growth principles the Task Force has worked to develop and begins to develop some creative needs for solutions; and the Task Force is poised to continue to educate the public through an awareness campaign and to further engage the private sector and more employer-based programs that will help offer initiatives  for employees.   She noted  the ordinance  would be a key way for the Task

Force to raise awareness in the business community about other ways it can be involved in helping its employees with housing; and it is an economic issue for the community that the Task Force believes needs the Board’s support.  She stated the Task Force hopes the Board will consider the ordinance as a key next step in the process towards solutions for affordable/workforce housing for many members of the community.

 

Chairperson Colon stated she is in support of the ordinance, but the community will not be able to see the benefits for two years from now; inquired if the realtors in the community have had any discussions about the prices of homes in Brevard County and the dramatic increase over the last few years; and inquired if there have been any discussions in the industry concerning bringing the prices of the homes down.  She advised the Board has heard the number of empty homes throughout Brevard County is in the thousands; she has also seen the market start to come down; and inquired if the Task Force would embrace that kind of discussion, because it would be a healthy discussion. 

 

Ms. Bakke stated she does not have an absolute answer for Chairperson Colon; the Task Force can participate in convening those kinds of conversations; that is one of the purposes of the Brevard Workforce Housing Task Force as that grassroots collaboration, is to conduct community conversation toward solutions; and the Board is probably aware the Task Force partnered as a task force with Florida TODAY recently and held a community conversation that was focused all around this issue; and on that panel was real estate representation and Mr. Keiser from the Homebuilders and Contractors Association as well as people from the finance and mortgage industry.

 

Commissioner Nelson stated he raised the same question at the last Board meeting and Mr. Dettra may have some information about some efforts Housing and Human Services made in the in-between that may help with the discussion because they have been in contact with the real estate community and are working on that issue.

 

Sam Dettra, SHIP Administrator, stated those discussions were held; it was brought to their attention by the Affordable Housing Council; a Resolution was passed at the meeting held last Thursday to do a pilot project on that very same thing; and with the Space Coast Realtors Association they are going to take a look at homes that are on the market and that someone has bought and maybe paid too much money for, or it is inflated but the homeowner wants to sell it.  He noted the realtors are going to be holding sessions.

 

Brenda Warner stated she serves on the Affordable Housing Council as well as being the Government Affairs Director for the Space Coast Association of Realtors; stated Mr. Dettra spoke to some of the members about a pilot project using some of the housing stock that is already on the market that may not be selling because it is a house that a year ago would have been bought by an investor who had plenty of cash and maybe the house is not in a condition where a mortgage could be readily available for it; and what the members of Space Coast Association of Realtors are talking about doing is arranging meetings to look for a house that fits the criteria that she and Mr. Dettra have discussed; partnering with some of the not-for-profits to try and  acquire the  house  and do  what  investors  were  doing  a  year  ago  and flip it into the affordable housing market; and most of the houses are going to need some rehab and brought up to Code and that is where the not-for-profits come into play. 

 

Chairperson Colon stated she is referring to homes that are not affordable and lowering those prices.  Ms. Warner stated unfortunately, realtors do not control the price of homes, as the market itself controls the price and a house is only worth what somebody is willing to pay for it; and two years ago there were a lot of people willing to pay good money for houses.  She stated the prices are starting to come down; it was estimated by the Florida Association of Realtors that the Brevard County Housing market was between 20 and 25 percent over inflated and that drop is coming into play now.  She stated the County cannot realistically expect the housing prices to drop much more; there are plenty of people who are still afraid; and the biggest thing stopping people from buying existing homes right now is taxes and insurance.  She noted along with the Board there are thousands of potential homeowners waiting on the State Legislature before they will purchase a home.  She stated even though it is a good ordinance and a lot of work went into it, it will be a few years down the road before an effect is seen; right now people are sharing their homes with family and it is not good for the Sheriff’s Department or schools to have two or three families sharing a home; and that is happening all over the County because that is the only way they can afford a house.  She noted the realtor community would love to see the price of houses come down to where buyers are lining back up; and she knows realtors tell the seller what the realistic value is of their home based on the information they collect through the appraisal process and through comparables.

Chairperson Colon stated taxes went up because the homes are now appraised, and the Board did not do that; and the taxes also went up because the industry was booming and there was supply and demand.  She stated the Board did a survey a few days ago; the majority of citizens are paying and average of $300 to $400 more on taxes since 2004; and the citizens who got the short end of the stick are the newcomers to Florida, who are not protected by Save Our Homes.  She stated Save Our Homes freezes people and they are protected by Save Our Homes, and if the market takes a huge jump, citizens are protected in the State of Florida.  The Board agrees with Ms. Warner that people cannot afford the taxes on a new home; once the price of a home goes to a ridiculous price, the millage is still pretty much the same and yet now they are not going to be paying taxes on a home that used to be $120,000, they are now paying taxes on a home that is $210,000; and since the market is coming down it changes the number to the kind of income that is coming into the County. 

 

Ms. Warner stated she downsized and lost her Save Our Homes cap; and she is paying three times the taxes on half the house. Chairperson Colon stated that is the Board’s concern because there were a lot of seniors who wanted to downsize and the Board was telling them to be careful. 

 

Jim DeRiso thanked the Commissioners for their service; it was a tough and brave decision to put the ad in the newspaper; but he would have put the word ‘reality’ in the ad, because reality is missing.  He stated he thinks the proposed ordinance is a fantastic first step and he would have never dreamed he would be working closely with not-for-profit organizations.  He stated Mr. Dettra wanted to know what developers were doing and stated the County needs people who  are  little  profit  dealers  and  not big  profit  dealers;  and  large  companies  with  full  time architects and engineers are not efficient enough to do that, but the smaller builders and developers are going to be able to it.  He noted the partnership the Board is creating by passing the ordinance is critically important.  He stated an educational process needs to begin with the public that the Board is starting to do because the public does not understand what is going on in the budget.  He commented on the cost of infrastructure and density.  He showed the Board a map and stated the mustard colors are what define the areas of bonus density; and a lot of people get upset about bonus density and it is only 25 percent, which means there can be two and a half more houses per acre for an area that would normally get 10 units per acre.  He showed the Board a larger area of mustard color that is mostly wetlands, and there are very few areas in which bonus density would be considered and it would still have to comply with all of the other ordinances; and some people get worried about that but he does not think it is something to be worried about.  He stated the partnership needs to be pushed forward in a positive way so there can be people able to provide service to the residents of the County.  He stated the education process needs to continue; people do not understand density could be bad but also could be good; and right now in Brevard County people think it is all bad.  He stated the problem and the trust the Board has is a heavy burden.  He urged the Board to approve the proposed ordinance the way it is written without further delay.

 

Dennis Chambers stated he is presently developing a small subdivision known as Country Oaks in West Cocoa; everyday he sees people who would love to buy a home; when they are given the principle, interest, taxes, and insurance, he sees the look on their faces; and if there is any way to bring housing down below $150,000 and have units between $100,000 and $150,000 it would be great.  He stated he does not see any person under 30 years old looking for a house; he has stepsons and stepdaughters who are renting because they cannot buy a house, or else they are trying to figure out how many roommates they will need in order to make a payment.  He stated the proposed ordinance is a step in the right direction and it can take effect immediately; there are existing developments that are not built out; and his development could be the first to sign up under the new ordinance and a portion of the remaining units to be built could be built under the new guidelines.  He advised if some of the costs can be offset it will keep developers from raising the prices even more.  He stated the housing market is a mess right now and developers are scared to death and are very concerned; and developers work twice as hard in a lousy market as they do in a good market.  He noted there is no reduction in cost to build a home today or in the next 12 months than it was 24 months ago; somehow the suppliers do not ever have to address the cost reduction; and he urges the Board to approve the ordinance. 

 

Commissioner Voltz inquired if Mr. Chambers meant he could put the ordinance into use right now with the density bonuses in order to bring down the price of the homes so that people can afford them.  Mr. Chambers stated he would not look for any more density; he would look to be able to meet the income scenario to show qualification and save some fees; and would do it based on being able to show the County he can do it based on the median income scenario and therefore qualify for saving some fees.  He noted his subdivision is platted and he would not ask for any more density.

 

Commissioner Nelson stated if Mr. Chambers wanted the density bonus he would have had to gone through a rezoning process; and an existing subdivision that is currently and correctly zoned for the construction that is occurring would not be able to achieve the density bonus unless it went through the PUD process, as the way the proposed ordinance is written.  Community Planner Alan Woolwich stated there may be a few instances depending on Mr. Chambers’ zoning and his location in relation to the Future Land Use Map where he would have to come back before the Board and possibly replat if he was able to take advantage of the density bonuses under the new standards.  Commissioner Nelson stated he and staff discussed that specific issue; if the property is zoned R-6 future land use, there is a process to go through; and what Mr. Woolwich just described sounded like an automatic process.  Mr. Woolwich stated staff did not remove that section from the ordinance; there is still an as-of-right density bonus in the areas of six-units per-acre or greater on the future land use map and the zoning is correct; if a developer wants to exceed the density of the comprehensive plan in those future land use districts, they would have to get a zoning change to Planned Unit Development and go through the public hearing process for planning for a PUD approval through the Local Planning Agency and any of the other advisory agencies and then back to the Board.  Commissioner Nelson inquired if Mr. Woolwich is saying if the zoning is correct, the developer could have done it in the first place because it met the criteria of the zoning and the future land use; with Mr. Woolwich responding affirmatively; and the developer would be able to apply the 25 percent density bonus, but he would not be able to exceed the density of the next future land use category.

 

Chairperson Colon stated that is a good question because the Board has gone through a lot of hard work and many hours of listening to the community regarding the concerns of protecting the quality of life of a certain community and the Board does not want citizens to think the ordinance is going to pass all of the protection the Board has given in the past; and it is good that a developer has to come before the Board before any changes can take place.

 

Kathy Scheetz stated she would like to thank the Task Force for answering her questions; on face value, she went in with an opinion and the Task Force diffused her opinions quite a bit; but she still has a concern about monitoring the ordinance.  She stated Mr. Dettra’s staff will have to make sure the tenants are meeting the criteria; she is not worried about the review applications; and she is comfortable with Mr. Dettra’s staff having the developers in front of them and meeting the criteria.  She advised she is concerned that for up to seven years in the future, the tenants need to be monitored to see if they qualify; there are people out there who would probably love a low-income unit; and if it is not monitored and there are tenants there who are in a higher income, but not being monitored, there will still be a faction of the population that will not have housing and will have to seek it elsewhere.  She stated whereas the County is doing a wonderful job in trying to do the provision, everything rests upon the monitoring.  She stated in order to keep the ordinance functional in the spirit in which it was written, the staff positions must not be reduced or eliminated; and she would hope they are given some priority in the budget review application.

 

Maureen Rupe stated she understands and supports the need for affordable housing; it must be provided for and she feels the ordinance should be passed; but she also has concerns.  She noted the County must do everything possible to try to control density and make the best use of what is available before building more.  She stated there is already affordable housing established in properly zoned areas throughout the County, with no need to increase density; those homes are already affordable up to $140,000; and the infrastructure is already in place for the homes and there is no need to stress it further.  She stated the number of residential homes available under $140,000 is 884 as of today throughout Brevard County, but the combined number of residential condos and townhouses available below $140,000 is 1,498, but that does not include the help-you-sell or buy-owner, which is often what homeowners do in order to sell their homes; and there are probably a lot more affordable homes available in the entire County.  She stated the sad part is $140,000 may not be affordable to teachers and firemen; there is no provision in the ordinance for the really low income of $75,000 to $90,000; and she believes that is needed.  She noted there was a study by the University of Florida, Bureau of Economic and Business Research; the study stated Florida’s population could swell to more than 100 million people under the very densities that are now allowed in the land use maps; according to the analysis of 470 cities and counties, that would amount to the populations of California, Texas, New York, and Pennsylvania coming into Florida’s borders; and she asked the Board if there could be the same analysis of the future land use plan just to see what Brevard County would look like before it adds any more amendments to the land use map. 

 

Peter Kaiser stated he has been involved in the Workforce Task Force; he hired an individual from a suburb in Washington D.C. and hoped she could move here, but she cannot; she lives in a very nice home but cannot afford the taxes and insurance in Brevard County; and he has since learned how to telecommute.  He stated currently he is hiring an entry level accountant with a salary of $30,000 and he cannot get anybody to move to Brevard.  He urged the Board to approve the proposed ordinance.

 

Michael Garro stated he is a developer, real estate agent, and mortgage broker.  He noted he is concerned about the affordable housing issue; he distributed an MLS listing to the Board and noted it contains new construction that was built from January 1, 2005 to present in the price range of $120,000 to $150,000; there are six houses still for sale and only four units have sold that are brand new since 2005; and of the four units, two are duplexes.  He stated not much has been done in the $150,000 range because builders are doing more and because of the cost of construction.  He noted the bottom of the page lists starting salaries of school teachers, policemen, firefighters, medical assistants, and licensed practical nurses.  He commented on what a mortgage would cost a school teacher who earns $33,000.  He stated 18 months ago he spoke to Mr. Woolwich and Mr. Dettra about the problem and learned the Task Force was being formed; stated Mr. Woolwich and Mr. Dettra looked at the property he purchased and said it could work because it is in a redevelopment zone, and he is trying to put a product on the property people can afford, but the bottom line is the numbers do not work; and he has lowered his profit and he cannot get it any lower.  He stated the proposed ordinance will allow small developers to make it work; he does not want to table the ordinance any longer; and affordable housing allows people to come back to Brevard.  He stated density is not much of an issue compared to what needs to be done to bring workforce housing to Brevard County; there are developers like himself who are willing to work with the public sector to provide affordable housing to people who are going to help the future; and with the Board helping the developer, the developer can help the people. 

 

Chairperson Colon stated she is supportive of the ordinance, but she wishes two years ago, when the market was out of control, there were developers before the Board worried about the high prices and the teachers, and firemen; and inquired why she did not hear any of that two years ago.  She stated two years ago the housing was out of control and the Board felt helpless; at the time it was a shame that nobody cared about the workforce citizens then; and now all of a sudden everybody cares about workforce citizens. 

 

Mr. Garro stated he started pursuing workforce housing 18 months ago; he went to two different appraisers and told them what he wants to do and they told him he was going to have a hard time because he was not showing a 25 percent profit, he was only showing a 12 percent profit; across-the-board everybody was being a little greedy; and there were small builders such as himself that were trying to move faster, and that is why he went to talk to Mr. Woolwich and Mr. Dettra. 

 

Earthy Spalding stated she is the Chief Executive Officer of a small not-for-profit called Community, and she supports the ordinance and agrees with what has been said so far by the developers and others who are in support of the ordinance, but she would like to speak about low-income affordable housing.  She stated the Brevard County 2005/2010 consolidated plan for housing and community development identified a growing deficit in the inventory of affordable housing units available in Brevard County; an example of that is those who depend on HUD, Section Eight Vouchers to help pay housing costs; and not all housing is housing that is single-family housing, some people are housed in rental units.  She stated the ordinance can help build affordable housing rental units as well as single-family homes.  She noted usually people who have Section Eight housing rent homes as opposed to having home ownership mortgages; with the deficit in the inventory of affordable housing units available these people are losing their vouchers because they cannot find decent Section Eight available space to rent; and if their voucher is not used for three consecutive months, the recipient is dropped from the HUD Program and has to reapply. She noted once the voucher is lost, it is extremely unlikely they will ever get back into the voucher program; that is because vouchers are currently nearly impossible to get; and those who have them want to keep them, but cannot afford or find affordable housing units.  She stated the purpose of the proposed ordinance is to provide for and maintain a variety of housing opportunities for present and future residents of Brevard County; citizens need the Board to look out for the workforce and for the low income families; and she is asking the Board to approve the ordinance.

 

Mary Hillberg stated she is 100 percent supportive of affordable housing, as she has utilized it in her younger years.  She stated one of the factors for needing affordable housing is the rising cost of living and the fact that salaries are not rising; and salaries are so low in Brevard that it is another factor to consider.  She noted the Housing and Human Services staff has done a very good job and it is to their credit that they have produced this ordinance; it has been adjusted since the last proposal; and it has made some great improvements.  She stated with the current economic crisis facing Brevard County and the decline in housing market with the Space Center slow down coming and possible legislative mandates that are going to be reducing County revenues are at Brevard County’s door and this cannot be a time to explore additional spending.  She inquired if this is the time to add another layer  of bureaucracy to the County mix; inquired if

it is fair or logical to launch a new program, program positions, and expenditures in the face of the layoffs and program cuts; and the reduction of services that are going to negatively affect the people who use them.  She inquired if there is any justification in providing density bonuses for development when people have prioritized in this County that they do not want high density.  She commented on the ordinance being difficult on the infrastructure in Brevard County; and stated it is the wrong thing to do right now. 

 

Susan Baiocco stated she works for Wachovia Bank and has served in the banking position on the Affordable Housing Council since 1993, which was the beginning of the Council.  She stated as far as the monitoring is concerned, in fourteen years there has been monitoring and there has not been someone come before the Board and say the monitoring is faulty, because it is not.  She noted there will be no new positions created by the proposed ordinance; and the Affordable/Workforce Task Force did exactly what the Board saw a need for and everyone in the community, working together, has gone back several issues and rewritten it several times.  She stated passing the ordinance will create the opportunity for developers and builders to sit down with County staff to plan from the beginning what will be built, where it is going to be built, and where the need is rather than to build and hope they will come, which has been done in the past.  She urged the Board to approve the ordinance as it is a big step in Brevard becoming a leader in addressing the much needed issue.

 

John Saxton stated he appreciates what Ms. Baiocco said and he agrees with her.  He noted he has heard comments on how the market seems to be better than it was in 2005 and is more affordable; the market is constantly going to change; and right now it looks like it is more affordable for people and that is good, but even prices before 2005 were unaffordable to a lot of people in entry level positions.  He stated on the side of the Affordable Housing Council, he heard affordable housing proposals the whole time; before 2005 there were for-profit and not-for-profit developers who were coming before the Council with proposals to build affordable housing; and maybe there were not as many as there should have been, but there are developers out there who have a desire to build affordable housing.  He noted it is important to realize developers are like any other business person, they are going to do projects that produce the least risk on their part.  He stated there are developers who are willing to make the effort; and if the County would do the same by passing the proposed ordinance, it would be a good illustration that the two can work together.

 

Commissioner Scarborough stated he understands it is the tan areas on the map that the density bonus would be considered for exclusively.  Mr. Dettra stated that is correct; anything with a density of six acres or above.  Commissioner Scarborough inquired why those are the areas being looked at; with Mr. Dettra responding the Board asked staff to narrow the focus early on; and staff proposed to give the density bonus to the entire County.  Commissioner Scarborough inquired why are those particular areas on the map and not other places on the map; with Mr. Dettra responding because it leads to where the transportation is, where jobs are, and where services are.  Commissioner Scarborough stated Mims has a large tan area on the map, but public transportation does not go to Mims, and he does not know of a number of jobs being created in Mims.

 

Alan Woolwich, Community Planner, stated the tan areas on the map are all of the areas in the County that are six units per acre or greater on the Future Land Use Map, on the mainland and excluding the barrier islands; staff was asked to show six units per acre and greater and the direction from the Board was to look at the areas that already have the high densities and are near transportation corridors and near schools, utilities, and also the commercial corridors where jobs are located; and it is only in the unincorporated areas and not the incorporated areas. 

 

Commissioner Scarborough stated there has been a lot of controversy in Mims because people have tried to rezone their property based on the land utilization and the zoning has been challenged strongly of going to that land use, particularly along Holder Road; and Mims is an area where the Commission has said no to people on several occasions to going to that land use and now it is going to bless it without going to the community and saying six is acceptable and now there may be a bonus; and inquired if that is what he is supposed to tell his constituents in Mims.  Mr. Woolwich stated staff has been concerned about those areas; there have been small area studies in the Mims area and concerns about higher densities; and that is why staff limited the areas where the density bonus as-of-right could be applied or used as a PUD which would get full Board discretion, it is not in the rural areas.  He noted where those issues are going on is North Merritt Island and South Mainland.  Commissioner Scarborough stated the tan area on the map in Mims abuts the Sherwood Country Club area which is not necessarily a more intense area; it is also in an area that has undergone a small area plan and is now in the process of coming back to the Board in September to ask the Board to go forward to DCA amending the Comprehensive Plan; and inquired if the Board is sending strange signals. 

 

Commissioner Scarborough stated the area on S.R. 405, near the NASA Causeway, has a tan   area on the map both north and south of S.R. 405 and is met by S.R. 407; the homes in that area are not necessarily dense; the requirement when the Board hears rezonings is that it not only look at what is there, but if there are emerging trends it has been a desire to further define that as the more open tracts of land; and on both sides of Barna Avenue are homes one acre or more of land, regardless of the zoning.  He stated he has been told anyplace there is a zoning that is incompatible, there would have to be a rezoning to get to six units per acre before a bonus could be obtained for a density; and if he has four units per acre, he cannot get a bonus density of four and not come back for a rezoning.  Mr. Woolwich stated that cannot happen with four units per acre.  Commissioner Scarborough stated staff is referencing the land use map; if staff hands it to a developer and tell them the tan areas are the places they can go, they can go through rezoning or take four units per acre and get the bonus; with Mr. Woolwich responding that would equate to one additional lot. Commissioner Scarborough stated that would take the density to five units per acre; at five units per acre, rather than going through rezoning, developers circumvent the public hearing process on a rezoning request.  He inquired if, before bonus is granted, that it become part of a public hearing process and be handled as a rezoning request like any other; and if one wants a density bonus they are going to have to come in for a public hearing and the community can comment on the compatibility within the context.  Mr. Woolwich advised that is the decision the Board will be making, and that is a legitimate concern.  Commissioner Scarborough stated there are things in the Comprehensive Plan that are across-

the-board; when he has a map showing just particular areas in the County, he has some questions about the advisability of moving forward without striking entirely, and that is a possibility also, that he just move to strike certain areas.  He advised the one problem with jobs in the north part of the County is that the school system may be going through a downsizing with the layoffs at the Space Center; teachers will be losing jobs; and the County is going to fire employees.  He stated on the map Mims is identified as a transportation hub as where job potentials are; and the Melbourne area is more dynamic with job creations as the Space Center declines and see less tan areas.  He stated he is not sure he is comfortable with the map.

 

Commissioner Nelson stated he understands that anything in the tan area would require rezoning; if it did not require rezoning it is not a bonus and it could be built according to the current zoning and not come before the Board.  Mr. Woolwich stated the R-4 example is difficult unless it was described to him that it was in a future land use category that was six units per acre or greater.  Commissioner Scarborough inquired if the criteria staff has is both zoning and land use; it is his understanding the tan defines the land use map; and he knows Holder Road is not six-units per-acre, because the Board has been turning it down.  Mr. Woolwich inquired if Commissioner Scarborough is saying the Future Land Use Map may not be accurate. Commissioner Scarborough stated the Future Land Use Map shows six-units per-acre, but the zoning densities have not been moved up to six; and if the criteria is that there has to be both zoning at six-units per-acre and land use at six-units per-acre, that is one thing. 

 

Commissioner Scarborough stated if the Board feels comfortable it can add into the ordinance that every time the density bonus is granted it be treated just as if it was a rezoning and come before the Board; and what it allows the Board to do is jump above the Comprehensive Plan requirements; and if one is at six, it allows to jump above that.  He stated it still grants something but it does not occur.

 

Chairperson Colon stated the Board has said time and time again that it wants to be able to have incentives so that whoever wants to work closely with Housing and Human Services is able to have these tools they can utilize; but the Board does not want to give an open blanket and allow anyone to think if it is in a certain area it can be built without having the scrutiny of the Board.  She stated some developers will not qualify to build anywhere else except these particular areas; and the Board is uncomfortable seeing it in a map.

 

Commissioner Nelson stated the maps show areas where it could be considered, but there has to be a public process; and he did not know there was a circumstance that allowed a developer to move forward.  Commissioner Scarborough inquired if the ordinance states an additional density bonus for affordable housing can be treated in a public hearing, and handled in a similar manner to a zoning change; and inquired if the Board can add that language. 

 

Assistant County Attorney Christine Lepore stated it is not an as-of-right; and inquired if the Board wants to make it contingent to the zoning process and the compatibility analysis.  Commissioner Scarborough stated developers cannot get the density bonus without the Board blessing it; therefore, the Board can learn the particular problems of a particular area and hear it before it goes through; it is an educational process and the Board does not vote until it listens; and he would like it there with the approval by the Commission.  Ms. Lepore stated the Board can accomplish that by stating that and referencing the Codes that recognize the zoning procedure and set forth that process.

 

Mr. Woolwich stated if the Board wants to have a public hearing process before the density bonuses are awarded it could do that; when staff is looking at density above the Future Land Use Map that requires a public hearing and a change to a PUD; and if the Board is not comfortable with that staff can work on another mechanism.

 

Commissioner Voltz inquired if the Board could not charge for the rezoning process in order to keep the housing affordable.  Ms. Busacca stated that will have an impact on the General Fund.  Commissioner Voltz inquired if the fees could be as minimal as possible; if people still have to pay for rezoning, permits, fees and other things, housing is no longer affordable; and she agrees with the process, but there has to be some way the Board can allow projects to go through as affordable housing and not take things off of one side and add it to the other side.

 

Chairperson Colon stated she understands where Commissioner Voltz is coming from, but there is a fee because the process is looked at by staff and one has to pay for the cost staff is investing; and there is a certain fee and public hearing that costs the County to go through the entire process.  Ms. Busacca stated a fee resolution for the rezoning would come through the Planning and Zoning Office; and staff could come back to the Board with some suggestions and report the fiscal impact and then the Board may want to cap it for a large piece of property and say there is a maximum.  She added there may be some way to give an option to the Board, because that would be a separate fee resolution. 

 

Chairperson Colon stated she would like for the Board to pass the ordinance today; the ordinance needs to be tweaked, but the Board can ask the kind of impact that it is going to cause the Board; and if at a later date the Board decides it wants to be able to make some exceptions, it could come back and lower the fee, if staff is able to prove it is not going to cost the County a certain number of dollars.  She stated it is clear the Board supports the ordinance based on the fact that there must be a public hearing process; that it be approved with the applicant paying the fees in order to be able to go through the process; and after it is approved the Board can have a report come back to it regarding to the cost and the Board can reconsider it at that particular time. 

 

Commissioner Voltz stated she supports the ordinance, but thinks there is no harm in looking at a rate resolution at a future meeting. 

 

Commissioner Nelson stated having come out of Parks and Recreation there was a regular rate and a non-profit rate and they would waive the non-profit rate; the fees for services are based on trying to recapture the cost of doing that; the Board will see a huge number of them; and he inquired if it is intended to be an incentive, why would the Board not eat that cost.  Ms. Busacca responded costs include mailing and advertising which need to be in the report.

 

Commissioner Nelson stated he appreciates the job Housing and Human Services has done; he likes the strategic density concept in which one decides where it needs to go; and he is more comfortable with the concept of it being along the transportation corridors where people work because he believes that is what the intent was.  He noted he would like the Board to address concerns with hurricane issues and getting people off the barrier islands.  He stated if there is going to be affordable housing the Board needs to develop some incentives to make that happen without creating future problems and he thinks that has been addressed.

 

Commissioner Voltz stated through the MyRegion process there are three issues the Board has been discussing, and the important issues to the community are green space, centers, and corridors; the Board needs to make sure things are put in the centers and corridors so the bus system does not get stressed; if the buses run along the corridors it is going to be better off for the community and keep less traffic on the roads; and what she is seeing with the MyRegion process is exactly what the Board is talking about. 

 

Ms. Busacca stated staff does not have the specific language the Board wants this evening, but if the Board directs staff to work with the attorney to put the correct language in the ordinance it can do that. 

 

Commissioner Scarborough stated there is growth in Mims, but the bus system does not go there, and he finds it unlikely that Mims is a place where there would be a concentration of affordable housing; and by continually bringing it back, the Board will find where it works best.  He stated maybe the Board needs to come back and redefine how and where it moves.

 

Commissioner Voltz stated the Board needs to determine if it wants high density in the Micco or Mims area, and it probably does not want it; Cocoa and Palm Bay already have high density and there are areas in the community that have already allowed for those things and if the Board can save it in those spaces and leave the rest green it would be better off; and the Board needs to look at where it can keep costs down but put things where they are affordable to people and not just in the housing costs but transportation costs and other issues. 

 

Chairperson Colon stated when this item was before the Board and there was a zoning meeting, one of the things the Board told the people in Mims was that it wanted them to look at possibly 20 percent or 30 percent of it to be affordable; the developers were willing to look at it just so the Board would approve it; and all of a sudden people said they could not tell the developers that.  She inquired why the developers cannot be told to make 20 percent of their developments affordable housing if they care about the community.  She stated to rezone a property is a privilege and not a right; people are under the impression that just because they want to rezone something they are allowed to; they cannot if it is not zoned correctly and not if it is going to affect the quality of life of the community; and there are a lot of reasons why the Board does not necessarily have to rezone something.  She stated it is a privilege and that is why it comes before the Board and the Board at that point says they can or cannot build there.  She noted a lot of people get upset because they think if they put in an application and spend thousands of dollars, they will be approved; that does not guarantee their item is going to be rezoned; and that  has  happened  in  front  of  this  Board  on  many  occasions.  She stated the Board asked

developers if they were interested and the Board was not saying they had to, but they all said they were interested.  She stated there is a wonderful project going in the north part of the County and three developers said they would look at affordable housing so they would be able to be rezoned.  She noted the Board did not tell them they had to look at affordable housing, but it asked them to please look at it, and they were willing to do it; and if they were willing to do it then why not allow them.  Commissioner Voltz noted the Board could not turn them down just because they would not consider affordable housing.   Chairperson Colon stated the developers were willing to say yes to anything and the County would have been able to have affordable housing.

 

Commissioner Scarborough stated he would like the County Attorney’s Office to prepare a memorandum on the subject because his understanding is different. 

 

Motion by Commissioner Bolin, seconded by Commissioner Scarborough, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; creating Article 17; Affordable and Workforce Housing Incentives, creating Section 62-6300, purpose and intent; Section 62-6301, Definitions; Section 62-6302, Affordable Housing Incentives; Section 62-6303, Transportation Impact Fee Deferral; Section 62-6304, Housing Trust Fund and Unit Mitigation Bank; Section 62-6305, Density Bonus for Affordable Housing; Section 62-6306, Transfer of Development Rights to Affordable Developments; Section 62-6307, Workforce Housing Incentives; Section 62-6308, Affordable Housing Stock Lost to Development; Section 62-6309, Infill Development; Section 62-6310, Alternative and Flexible Design Requirements and Criteria; Section 62-6311, County Owned Property Inventory; relating to affordable/workforce housing development and incentives; providing for interpretation of conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code.  Motion carried and ordered unanimously.  (See page                                        for Ordinance No. 07-18.)

 

 

Upon motion and vote, the meeting adjourned at 7:50 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    JACKIE COLON, CHAIRPERSON

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

 

_____________________

SCOTT ELLIS, CLERK

         

 

 (SEAL)