MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

March 6, 2007

 

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 6, 2007 at 9:04 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 Logan Dalton, Calvary Chapel, Merritt Island, Florida.

 

Commissioner Voltz led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the October 24, 2006 Special Meeting Minutes, January 9, 2007 Regular Meeting Minutes, and February 1, 2007 Zoning Meeting Minutes.  Motion carried and ordered unanimously.  

 

 

Commissioner Voltz read aloud a Resolution commending Eagle Scout Stevie Ray Stark.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Stevie Ray Stark for attaining the rank of Eagle Scout.  Motion carried and ordered unanimously. 

 

 

Stevie Ray Stark expressed appreciation to the Board for recognizing his achievement in the ranking of Eagle Scout; stated he will always remember his experience with the Cub Scouts and the Eagle Scouts; and the Eagle Scout rank will help him with his career and with school.

 

 

Commissioner Voltz read aloud a Resolution recognizing Florida Discovery Month.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing the month of April 2007 as Florida Discovery Month in Brevard County.  Motion carried and ordered unanimously. 

 

  

Sam Lopez expressed appreciation to the Board for recognizing April, 2007 as Florida Discovery Month in Brevard; and especially thanked Commissioner Voltz and former Commissioner Nancy Higgs.  He stated there are a lot of people involved in the project; Cheryl from Parks and Recreation has been terrific in helping; and Jeff Whitehead has also been terrific.  He advised this year will be 500 years of celebration; the whole State is going to be celebrating the Discovery; and this is the pivotal point of the discovery of North America.  He noted April 15, 2007 is the first Hispanic Annual Business Parade beginning on New Haven Boulevard and ending at the Melbourne Memorial Park; and the parade is to raise funds for the project.

 

Chairperson Colon stated it is important for the Board to thank the Historical Commission, which has been instrumental in the project; and the Board is thankful for all of their hard work. 

 

Commissioner Voltz noted Parks and Recreation has also done a wonderful job.

 

 

Commissioner Voltz read aloud a Resolution recognizing “Extension Living Well Week”.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming March 11 – 17, 2007 as “Extension Living Well Week”.  Motion carried and ordered unanimously. 

 

 

Cynthia Minot advised of the Cooperative Extension Service; stated there is an office in the Agricultural Center in Cocoa, and one near the Palm Bay campus of Brevard Community College; many things are offered in the Cooperative Extension Service related to living well; and today, there is a large program about how to use child seat restraint devices.  She stated the Cooperative Extension Service trains people on how to properly use pesticides; holds food and nutrition classes, among others; and she would like to encourage people to discover the Cooperative Extension Service and what it has to offer.  She thanked the Board for its support.

 

 

Commissioner Voltz read aloud a Resolution recognizing “Women in Construction” Week.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming March 4 -10, 2007 as Women in Construction Week.  Motion carried and ordered unanimously. 

 

 

Gloria Herring, President of Chapter 355 Space Coast Florida, stated the National Association of Women in Construction was founded in Ft. Worth, Texas; there are affiliates and Chapters in the  United  Kingdom, Canada, New Zealand,  South Africa,  and Australia;  and the Association

has approximately 8,000 members.  She expressed appreciation to the Board for the Resolution.

Chairperson Colon read aloud a Resolution congratulating Annie Mae Davis on her 105^th birthday. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Annie Mae Davis on her 105^th birthday.  Motion carried and ordered unanimously. 

 

 

Don Davis, Nephew of Annie Mae Davis, expressed appreciation to the Board.  He read aloud some excerpts from a tribute he wrote for Ms. Davis several years ago; commented on the many things she has witnessed and experienced over 105 years; stated she has touched the lives of many people; she became a surrogate mother and aunt to many children; and she has taught each of her surrogate children and nieces and nephews the meaning of unconditional love.

 

Chairperson Colon commented on the wonderful life of Ms. Davis; stated the history she has witnessed really put it into perspective for the Board; and the Board is very proud of Ms. Davis.

 

 

RESOLUTION, RE:  COMMENDING EAGLE SCOUT STEVIE RAY STARK (CONTINUED)

 

Commissioner Voltz stated there is a picture Stevie Ray Stark’s girlfriend drew for his cake that he had at his banquet on Sunday evening; his girlfriend is very talented; and asked Mr. Stark to pass along to his girlfriend that she did a very good job.

 

 

 

Commissioner Bolin read aloud a Resolution recognizing the 2007 Satellite High School Girls Soccer Team as FHSAA Class 5A State Champions.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution recognizing the 2007 Satellite High School Girls Soccer Team as FHSAA Class 5A State Champions; and presented the Resolution to the Team and Head Coach Brett Terry.  Motion carried and ordered unanimously. 

 

 

Brett Terry stated on behalf of Satellite High School, Principal Mark Elliott, Athletic Director Linda Anderson, all of the faculty and staff, the student body, the parents, and all of the players, they would like to thank the Board of County Commissioners for recognizing them today.

 

Commissioner Nelson stated he played soccer in his 20’s; the amount of dedication it takes to get to the level they have gotten to is incredible; and he wished them congratulations.

 

  

 

Commissioner Bolin read aloud a resolution recognizing April 6, 2007 as Tartan Day for Americans of Scottish Descent.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming April 6, 2007 as Tartan Day for Americans of Scottish Descent; and presented the Resolution to Rich Shader on behalf of the Scottish Community.  Motion carried and ordered unanimously. 

 

 

Rich Shader stated on behalf of all of the Scots in Brevard County, they gladly accept the proclamation and plaque; and thanked the Board.

 

William Stewart stated he is a true Scot; as his mother and father came from Scotland.

 

 

Chairperson Colon advised the Board will hold the Resolution for Nemours Children’s Hospital until the presentation under her report.

 

 

Commissioner Scarborough stated as the Board may recall, this tragic event led to the Commission requesting the Florida Legislation become involved in changing the current laws; the law would allow persons who are looking to restrain persons who have a propensity to violence to touch base with the community that surrounds them; those persons prone to violence do not give warning that they are going to commit acts of violence; and everybody within proximity is at risk.

 

Commissioner Scarborough read aloud a Resolution honoring David Ryan Tripp who lost his life trying to prevent a violent crime.

  

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution honoring David Ryan Tripp for his bravery in trying to prevent a violent crime, and in support of legislation that would seek protection for citizens who may be in harm’s way.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough inquired of the status of the action before the legislature.

 

Attorney Richard Martino stated he has met with Representative Ralph Poppell; Mr. Poppell is guiding the Tripp family along with the legislation; and one of his aides is helping to draft the Bill to go in front of the legislature in the Fall or Winter session.  He expressed appreciation to the Board for all it has done; and stated he would like to especially thank County Attorney Scott Knox, as well as Commissioner Scarborough for getting everything started for the Tripp family.  He stated David Ryan Tripp led a wonderful life; he was a gospel singer; and his voice was incredible.  He advised David Ryan Tripp had Cerebral Palsy, which could have had him on disability for the rest of his life; but he refused that and said he is not disabled; and he took care of his father. 

 

Chairperson Colon stated on behalf of the Community, David was a wonderful young man; and she was at a funeral in Titusville in which everyone spoke of David and about what a kind heart he had.  She stated Mr. Tripp raised a wonderful man who gave back to the Community. 

 

Leon Tripp stated he is proud that David was his son; is proud he served the Lord the way he did; a father’s hugs only go so far, but God takes care of the younger generation as well of the older generation; and he knows David has gone to be with the Lord.  He stated he did not realize himself how wonderful of a son David was; and they lived together and never parted ways without saying “I love you.”  He expressed appreciation to the Board, Attorney Richard Martino, and the many others who have helped him get this far with the legislation.

 

 

Commissioner Bolin stated she would like to recognize the Facilities Department and its director Steve Quickel.  She recognized Major Lisa Patrick, Cpl. Fred Merrill, Mary Bowers, John Goodwin, Doug Haymond, Mike McGrew and Carl Tucker.  She advised the Washington Nationals are now at Space Coast Stadium; there were only four months to complete the renovations and improvements to be ready for opening day of the baseball season; and thanks to the hard work and dedication of these outstanding Facilities Department staff, and Sheriff’s Office, the deadline was met.  She noted from the Sheriff’s Office, Major Lisa Patrick and Cpl. Fred Merrill were instrumental in helping with the seats; and because of the hard work from the Facilities Department, Mary Bowers, John Goodwin, Doug Haymond, Mike McGrew, and Carl Tucker, the first pitch was able to be tossed on time. 

 

Steve Quickel recognized Miss Lisele Rome and stated she and several others were responsible for keeping everyone on budget and on time.  He stated everyone being recognized are the facilitators, and coordinators; they represent the Nationals’ interest; they work with the County Departments and contractors; and without their efforts, this would not come to pass.  He advised it is truly a group effort with a lot of talent and resources behind them to make it a success. 

 

Chairperson Colon stated the Nationals invited the Board to the Stadium on Sunday; and read aloud the plaques to be given to the individuals.

 

 

County Manager Peggy Busacca stated she would like to pull VIII.D.1.; staff would like the Board to have an opportunity to talk about some of the budget items this week; and it will be rescheduled for March 20^th. 

Karen Breakell, Director of Community Relations for Nemours Children’s Hospital, advised Nemours Children’s Hospital is an integrated health system for children; it was established 70 years ago upon the death of wealthy philanthropist Alfred I. Dupont; his desire was that all children, regardless of financial situation, had access to good healthcare prevention and wellness; and he lived during the time of the polio epidemic and saw its impact on children and families.  She stated as a result of Mr. Dupont’s generosity, Nemours is a sole beneficiary of that Trust; today Nemours stands to serve children across the country; it is the largest pediatric orthopedic practice in the country; and it has more than 4,000 employees, 400 physicians, and a presence in four states.  She noted in the State of Florida, Nemours has locations in Jacksonville, Orlando, and Pensacola; and in Brevard County there is a clinic in Melbourne and a new clinic will be opening in Viera on April 1, 2007.  She stated Nemours is proud to serve children especially those with complex and chronic illness; 18 percent of the population of children born today are born with complex or chronic illness; and that requires specialty services provided by highly trained pediatric physicians.  She advised Nemours trains the physicians and also embarks on the mission of teaching as well as patient care research advocacy and wellness; today, Nemours is 15^th in the country for pediatric research, as evidenced by grants awarded by the National Institutes of Health; additionally, the largest, most visited website in the country for pediatric information, kidshealth.org, is a Nemours project; and Nemours is proud it is able to expand its involvement in the State of Florida to continue to serve children.  She noted the pediatric population in the State of Florida is the fourth most populous in the country; in the next 30 years, Florida will have the third most populous pediatric population in the country; and Nemours intends to work with the communities it serves to plan for that growth and to help serve the sick children.  She noted part of the future vision is to build a pediatric healthcare campus in Central Florida specifically at Lake Nona; the campus will include a 120-bed hospital, a clinic, an ambulatory care center, and a research facility; and Nemours will be working with the University of Central Florida as well as Burnham Research Institute to make sure it provides top tier healthcare for children in the State of Florida.  She stated Nemours will be investing $400 million in capital; and a recent economic impact study indicates more than $700 million additional dollars in impact will benefit the community, as well as 5,000 jobs that will be resulting from the project.  She thanked the Board for its leadership and interest in Nemours; and stated the Board’s support will be part of a presentation Nemours submits to the State for approval of its Certificate of Need.  She advised there is a requirement for new hospitals to submit an application to the agency of Healthcare Administration; Nemours is submitting its third application and is hoping that is the charm; and one way the application is evaluated is contingent upon the community desire and need for that hospital. 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Nemours Orlando Children’s Hospital. Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon stated March 23, 2007 at 8:00 a.m. is the YMCA Prayer Breakfast; and those who would like more information are welcome to call 407-312-2993, or they can call her office. 

 

 

Chairperson Colon noted every Friday in March the K-92 FM morning show will be broadcasting live from the Golden Corral Restaurant; the mission is to send messages of encouragement, love, and support to troops overseas; and she hopes everyone will join the wonderful gesture to let our men and women know how much they are being supported.  She stated the event will be held March 9, 2007 from noon to 2:00 p.m.; the country duo Big and Rich, with Cowboy Troy, will be at the Carl Black GMC for an autograph session; and she would like to encourage the community to come out and show its support.

 

 

Chairperson Colon stated she was concerned about an email she received concerning the mining legislation update; and inquired what kind of action the Board needs to take to let the representatives know the Board does not want things to be lenient; and it has to protect the residents locally in regards to the issue.

 

County Attorney Scott Knox stated he received an email from Mr. de la Parte, who is an attorney in Tampa; Mr. de la Parte indicated the Legislature is currently contemplating the possibility of enacting legislation that would deprive counties of any ability to regulate mining operations; the theory is that there is a lack of aggregate for constructing roads in the State of Florida; and the Legislature feels it needs to pre-empt all of government’s ability to stop any of that activity.  He stated it may have some significant consequences in terms of land use conflicts; it is something the Board needs to be aware of; and he forwarded that email to the Board yesterday, with the expectation that the Board would want to do something to notify its lobbyist.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to direct County Attorney Scott Knox to prepare a letter to send to the Legislative Delegation regarding the Board’s concern with the Legislature contemplating the possibility of enacting legislation that would deprive counties of any ability to regulate mining operations.  Motion carried and ordered unanimously.

Chairperson Colon stated at the March 22, 2007 Workshop on Persons with Disabilities Assessment, the Board needs to be specific in how it is advertised.

 

County Manager Peggy Busacca stated staff is considering starting the Disabilities Workshop at 1:00 p.m. and hold the Budget Workshop at 10:00 a.m.; if the Board feels the budget discussion will be long, then it can have the Disabilities Workshop at 10:00 a.m. and the budget at 1:00 p.m.

 

Chairperson Colon stated the Disabilities Workshop can be at 10:00 a.m.; and the Budget Workshop at 1:00 p.m.  Ms. Busacca stated she will notify everyone of the times.

 

 

Chairperson Colon stated she has asked Commissioner Nelson if he would be interested in being part of the Growth Management Coalition; and he would like to serve.

 

 

Commissioner Scarborough stated people can experience the opportunity to see the planes that fought in the second World War that have been restored; on March 16, 17, and 18, at the Space Coast Regional Airport will be the Warbird Air Show; and he encourages all of the residents in Brevard County to attend.

 

 

Commissioner Voltz stated she received an email from Candace Narramore; she is with the TDC; and the email is to Chief Farmer.  She stated the letter states Ms. Narramore is appreciative for the great Fire Rescue Team that covers her neighborhood; she has needed the assistance of Fire Rescue at least three times since April, 2006; her aunt has come to live with her from Tennessee and she has diabetes; her hope is that her aunt can live the rest of her life in her home; and she is very thankful for the dedicated service of Fire Rescue.  Commissioner Voltz noted Ms. Narramore is also thankful to Jennifer Weyman for her work with the United Way.

 

 

Commissioner Voltz provided the Board copies of the draft proposals of things the Board will be looking at; and stated she hopes each Commissioner has a chance to speak to Shelly Lawton and others. 

 

 

Commissioner Voltz advised many of the Commissioners may be aware that in South Melbourne and North Melbourne it was reported in THE FLORIDA TODAY that there were 86 shootings within a six-month period in those two communities; she contacted some community leaders in South Melbourne; they have been meeting for the last couple of months to try to determine what to do about the problem; and the Sheriff’s Department has been positive in working with the Melbourne City Police Department, as well as the Palm Bay Police Department.  She stated there is what is called a Black on Black Conference, which addresses crime in the community; the City of Melbourne is sending two people to the Conference; and she would like approval from the Board to send two community leaders from the black community to the Conference.  She advised to attend the conference may cost $1,200.00; the two leaders will go to the Conference, get information, and bring it back to the Board; they will have meetings with the youth in the community and the adults in the community to see how the shootings can be curbed; and 86 shootings in a six-month period is too much.  She commented County Manager Peggy Busacca stated the money can come out of Contingency; and she thinks the Board needs to ensure that crime goes down in the community and not up. 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize sending two community leaders from the black community to attend the 22^nd National Conference on Preventing Crime in the Black Community, at a cost of approximately $1,200.00 or $1,300.00, with such funds coming from Contingency.  Motion carried and ordered unanimously.

 

 

 

Chairperson Colon stated John Thomas is a Councilman from the City of Melbourne who has been on top of the problem; he will hold the Youth Summit on April 17, 2007; and she would encourage everyone to be there.  She noted the Youth Summit brings the community together and focuses on the fact that close attention needs to be paid to the problem.

 

 

Commissioner Bolin stated the Traffic Engineering Department began the process last week of synchronization of the 28 traffic lights on Wickham Road; included will be all of the lights between the Wal-Mart/Target intersection in Viera, to Nasa Boulevard; the project will take approximately one month; and drivers will experience more efficient traffic flow along that section of Wickham Road by the end of March.  She expressed appreciation to John Denninghoff and his staff in the Traffic Engineering Department, for the worthy and much needed project.

 

 

Commissioner Bolin stated she will be hosting Coffee with the Commissioner; she will be going to different areas and be available to talk with individuals; and she is buying the coffee.   She noted tomorrow she will be at Malibu’s Restaurant in Rockledge from 8:00 a.m. to 10:00 a.m.; at

San Remo’s Restaurant in Melbourne from 2:00 p.m. to 4:00 p.m.; on March 9, 2007, she will be at That  Little Restaurant in  Melbourne at 8:00 a.m.; at the  Pizza Gallery  at the  Avenue from 2:00 p.m. to 4:00 p.m.; and on March 18, 2007, she will be at Breakfast at Lilly’s in Satellite Beach at 8:00 a.m. and at Chowders at 2:00 p.m.  She stated anyone needing more information can contact her office.

Commissioner Scarborough stated what Commissioner Bolin is doing is unique; and it is a good idea.  Chairperson Colon thanked Commissioner Bolin for going above and beyond.

 

 

Commissioner Voltz stated she received a letter from DCA about some monies it gave the Board for disaster recovery efforts, and the agreement; the deadline is August, 2007; the letter states DCA is approximately three-quarters of the way through the time period and many local governments have failed to draw the dollars at a pace consistent with orderly completion of the contractual obligations; and she would like to know what the Board is doing to collect the $2 million.

 

Assistant County Manager Stockton Whitten stated he has not seen the letter; and he will get the Board a report of where the County is in regards to FEMA reimbursements.

 

 

Commissioner Voltz stated she would like to recognize Item III.D.3.; it is the Employee Innovations Awards Program; there was an issue with the grid system in Melbourne Beach about the odors; this employee suggested he could fix the problem himself; and he designed and installed the cover of the grid removal system and did an excellent job.  She noted the employee disconnected old air-header systems and routed the odor control section line into the covered channel and it was a very difficult job; and he is being awarded $1,250.00. 

 

Commissioner Scarborough stated the Board previously approved the purchase of a piece of property in District 1; Item III.A.8., the report states the Board may have a delay in closing because of some environmental problems; arsenic has been found; and the Board may need to amend the contract.  He stated he would like to make sure it can be delayed if needed. 

 

Chairperson Colon advised Items III.A.2. and III.C.3. are to be pulled as Citizen Requests.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve legislative intent and   grant  permission   to  advertise   a  public   hearing   to   consider   adoption  of   proposed

amendments to the Landscaping, Land Clearing, and Tree Protection Code regarding governmental or investor owned regulated utilities.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Grant Agreement with Florida Fish and Wildlife Conservation Commission, releasing funds for implementation of the Derelict Vessel Removal Project.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve legislative intent and grant permission to advertise a public hearing to consider adoption of the proposed amendments to Chapter 62, Article X, Division 3, entitled Surface Water Protection.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Site Plan Infrastructure Contract with The Viera Company for a one year extension for Water’s Edge Subdivision, SD#05-10-006, with a new expiration date of April 11, 2008, in accordance with Section 62-2844(a).  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve legislative intent and grant permission to advertise a public hearing to consider amendments to Chapter 62, Brevard County Code providing for an ex officio non-voting representative from a military installation on the Local Planning Agency (LPA)/Planning and Zoning Board (P&Z) as required by 163.3175, Florida Statutes.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Participation Agreement with Waterside at Suntree Association, Muirfield Villas Owners Association, Tanglewood at Suntree Country Club Condominium Association, and Gleneagle Townhomes of Suntree Association for purchase and improvements of Tangle Run Boulevard utilizing the Municipal Service Benefit Unit Program in District 4.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to waive the title exceptions (encumbrances), the Florida Power & Light easement and equipment, and the portions of an access road shared with the property owner to the north for the parcel to be acquired from Donald R. and Marjorie R. Feguer, for property needed for the Chain of Lakes Park Project in Titusville; and authorize amending the Contract if there is a delay in closing due to some environmental problems.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Agreement with The Salvation Army, a Georgia Corporation, for The Salvation Army Brevard County for provision of a Domestic Violence Program; and authorize the Chairperson to execute any future amendments or renewals to the Agreement, contingent upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize substitution of Hurricane Housing Recovery Program (HHRP) funds for State Housing Initiative Program (SHIP) funds for the Contracts awarded to The Housing Authority of Titusville, the NICHE, LLC, and the Community of Hope for construction and/or rehabilitation of affordable rental housing units.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve naming Pavilion IV at Wickham Park as the Sam Fuller, Jr. Pavilion.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Intergovernmental  Coordination  and  Review  Joint  Participation  Agreement  with the Brevard Metropolitan Planning Organization for formal documentation of coordination procedures and processes.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute the Federal Disclosure of Lobbying Activities Form LLL required by U.S. Title U.S.C. 31 for agencies, their contractors/vendors, receiving direct federal funding and/or grants.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to reject all bids received for Bid #B-3-07-61, Orange Avenue Drainage Improvements (Cape Canaveral); and authorize re-solicitation of new bids and award the bid to the lowest responsive and qualified bidder.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize advertisement of Request for Proposals (RFP) for golf course concession services; authorize establishment of a Selection Committee to evaluate proposals received and award a contract to the best ranked proposal; and authorize the Chairperson to execute the resultant contract(s) for terms of three years with two one-year renewal options.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant permission to utilize the Construction Management Delivery Method; authorize advertising Request for Proposal from qualified Construction Management firms; appoint Selection and Negotiating Committees comprised of James Liesenfelt or designee, James Brown, and Bill Clifton to shortlist, rank, and select the most qualified firm and to negotiate with the top ranked firm, and if unsuccessful, with the next ranked firm(s) until a contract is successfully negotiated; and grant permission for the Chairperson to execute the negotiated Contract for a new fuel island canopy at SCAT in Melbourne.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Stipulated Final Judgment including all damages, costs, and fees in the amount of $2,922.59 for value, costs, and fees for defendant, Shell Oil Company, Parcel 126.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to appoint Christopher Foster and Bob Gower 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 Nelson, to approve payment of $1,250 to Dave Suomi of Utility Services for his suggestion to the Employee Innovations Program.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Subgrant Agreement with Florida Department of Community Affairs for FY 2006-2007 Emergency Management Preparedness and Assistance Grant and Emergency Management Performance Grant; and authorize the County Manager or her designee to submit and execute any additional charges, documents, or amendments required for the Grant Contract.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the submission and execute the Citizen Corps Council Sub-Grant Application provided by the State of Florida, Division of Emergency Management; and if awarded, authorize the County Manager or her designee, to sign any subsequent documents for the acceptance and administration for the grant.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant approval for the Sheriff’s Office to apply and accept the Victim of Crime Act (VOCA) grant from the Office of the Attorney General, to fund a portion (75%) of salary and benefits of four (4) existing victim advocates for Fiscal Year 2007-2008.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution of the Board of County Commissioners of Brevard County, Florida, approving the issuance of not exceeding $14,100,000 Multi-Family Housing Revenue Bonds, of the Brevard County Housing Finance Authority, Brevard County, Florida for Timber Trace Apartments Project; and providing an effective date.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to reappoint Chris Kennedy to the Health Facilities Authority, with term expiring July 23, 2010.  Motion carried and ordered unanimously.

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

 

 

Joan Wheeler stated as she reads the agenda item, she understands that whoever joins the program must be committed to a lot of time; more money would have to be spent than the Board realizes;  and  one  of Titusville’s  employees  told  her  the  program  will take up more time and money than can be gotten back on it.  She stated Titusville is looking for support from the County Commission to apply for the grant again; there are many grants and a lot of money being spent for consultants; and inquired where the organization is getting its money to have people from all over the State tell it how to take care of its waterfront.  She stated she understands $25,000 is the amount of money it is going to get; then it has to pay for hotels, trips, and employee salaries; and a commitment to the program.  She stated she is tired of Titusville wanting the Board to approve it; and with the Board’s approval it can get $25,000, which comes from the people. 

 

Commissioner Scarborough stated this item is a MIRA request.  He advised the City of Titusville sent him a letter; Ms. Wheeler requested any correspondence be given to her from the City; and the inquiry was if this is similar to what the City wants.  He stated the Board may receive a similar request from the City dealing with Waterfront Florida.  He noted Ms. Wheeler is anticipating that in her comments.

 

Joan Wheeler commented on money being spent on consultants and that she would like to see money spent on projects in Titusville.

 

 

Bea Polk stated she was upset that the City took in the Industrial Park after the County citizens put all of its money in the Industrial Park; now the City wants part of the money; whenever the City wants something it gets it; and now it has the Industrial Park.

 

Commissioner Scarborough stated the County has the Industrial Park; and the Board makes appointments to the Industrial Park Board.  He stated there is a City portion that the City developed, but adjoining it is a County portion.

 

Bea Polk stated she would like the County to send her what part of the Industrial Park the County still owns, and what part the City owns.

 

*Commissioner Voltz’s absence was noted at this time.

 

Karen Steil, Interim Director for Economic Development for the City of Titusville, stated she came to hopefully see the Board pass the item.  She stated the City is using funds from the sale of the property to have an economic development feasibility study to find out the best businesses to put in the Industrial Park and start marketing it correctly.  She noted the park has been around for 30 years and is not moving very fast; and the City thinks it will be a great help to the community, the County, and the City.

 

Commissioner Scarborough stated Mark Ryan met with the Board as well, and he is interested; and he worked with Joe Wallace initially, who runs the research park at UCF.  He stated the Industrial Park is uniquely located; and there are unique opportunities with the close proximity to the Space Center, and also with amenities including airports and Port Canaveral.  He stated those types of things and who will go into the park will have economic implications for employment; and Mr. Ryan stated he would be glad to address the Commission at its next meeting, if the item is tabled.

 

Economic and Financial Programs Director Greg Lugar stated the Industrial Park was developed under a partnership with Brevard County, the City of Titusville, TICO Airport Authority, and the EDC; it also has an authority the Board appoints, which makes recommendations to the Board in terms of development as well as sales and businesses the Board would like to see in the Industrial Park; at one time it was in the County, but it was annexed in 1990; and all of the County-owned properties are in the City.   He noted there is approximately 125 acres still for sale.

 

Commissioner Nelson stated Item III.A.2. was passed; there is a lot of excitement on Merritt Island over the possibilities; what the Board may not be aware of is the location; and Island Pointe was going to build 11-story condominiums, but that seems to have fallen through.  He advised now redevelopment is being looked at that he thinks the community is going to find more acceptable.    

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to execute Interlocal Agreement with the City of Titusville to obtain consulting services to conduct an economic feasibility study of South Titusville industrial area for the purpose of providing a strategy to enhance and expand the region’s economy.  Motion carried and ordered unanimously.

 

Phyllis Collins stated she was a resident at 6955 Highway A1A in Melbourne Beach for 15 years; she was a victim of the 2004 hurricanes, Frances and Jeanne; she did not rent the house or occupy it seasonally; she does not own any other homes; and it was her family’s only home.  She advised the house was destroyed; and they have been homeless for two and a half years because of Florida Department of Environmental Protection, Brevard County Code Enforcement Department, and Natural Resources Management Office.  She noted she applied for a resident reconstruction  permit  in  April  2005;  the  County  approved their plans December 2005, to the exact specifications of the original house pad; Brevard County Zoning approved the plans February 2006; and they applied to rebuild their house.  Ms. Collins stated the Florida Department of Environmental Protection approved the plans June, 2006, 18 months after they initially applied to rebuild their house; and she found out from the house construction engineer that they were being fined by the County Code Enforcement Department because the house was not safe and unsecured, in August, 2006, after multiple times re-boarding it up.  She noted a letter was sent to the destroyed home two years after it had been abandoned; the Code Enforcement Department did not know that her postal forwarding expired a year before; she went to Viera and  spoke  to  the  Code  Enforcement  Officer,  Mr. Sullivan; she explained to him she had just found out about the violation; and explained that she and her family had to leave the house intact because her hurricane insurance claim was still being investigated; and her house was broken into repeatedly as she continually boarded it up.  She stated thieves stole her 10-foot, custom-made window, which was hidden behind storm shutters; and to add more pain, it was not covered by the insurance policy because Citizen’s Insurance Company classified the window as artwork.  She stated after the front doors were stolen, Brevard County Code Enforcement Department sent a formal letter dated October 17, 2006, Case Number 06-4196; the letter indicated that the Board of County Commissioners intended to demolish her house for a charge of $27,698.00, in addition to dating the $1,200-a-day fine back to 2005; and she would have to pay Brevard County $668,000.00.  She stated she had to hurriedly get her house demolished; Mr. Sullivan stated he would waive the fines upon completion of the demolition; the engineer instructed DVI Demolition Company to take just the house and one septic tank; she was out of town when it occurred; and workers mistakenly took out the pad.  She stated the Brevard County Natural Resources Department told the Florida Department of Environmental Protection that she had the house demolished and that the pad was removed.  She advised her engineer got the news that the Florida Department of Revenue revoked the rebuilding approval via phone call from Darcie McGee of the Brevard County Natural Resources Management Office on December 13, 2006; and that was one day before she was able to get her permit.  She stated she got the tragic letter two weeks ago; and under new construction setback code, the 180-foot by 130-foot by 80-foot lot, could have a new house five feet by 36-feet wide, which means it could never be rebuilt.  She stated she has a $585,000 mortgage on a non-buildable lot; if she cannot rebuild, the mortgage company will demand that she repay the entire amount; and she has paid out $32,000 annually in mortgage interest while being homeless for two and a half years.  She advised if the County did not take so long to shuffle around the reconstruction plans, they would not have been threatened by the Code fine.  She noted Citizens Insurance Company finally gave them a check for the house, but it was made out to the mortgage company; and it cannot be released until the house is 50 percent complete.  She stated this was their only home for 12 years; the reconstruction plans are exactly to the specifications of the original pad; they should be part of the grandfather law because they are not new owners; the people who own the house, and not the pad, should be classified in the grandfather law; and the Environmental Protection Department would never obstruct a turtle from going to shore for two and a half years.  She stated she was told by several people that the State of Florida was going to give hurricane victims leniency to get back to their homes; they cannot build a house five feet by 36-feet wide; and she and her husband want to know if Brevard County and the State of Florida is putting them through all of this devastation to acquire a coastal land-grab.

 

Chairperson Colon stated the Board will look into the situation and County Manager Peggy Busacca will report back to the Board.

 

 

 

Bea Polk inquired if someone could tell her what is going to happen to Marina Park; stated she has talked to many people; Commissioner Scarborough told her he is going to do it his way; and inquired if it will be done Commissioner Scarborough’s way, or if it is going to be done by what was  voted  for  by  the  taxpayers.   She  stated  it seems like the City has more control over the

County Park than the citizens do; it is 22 acres of riverfront; the City just paid $5 million for a much  smaller  piece  of  property;  and  the  more she talks  to business people, she learns they

want commercial at the park.  She stated Marina Park has been one of her projects since 1964; and inquired how much longer does the public have to fight for 22 acres of prime riverfront property to get it finished.  She advised Commissioner Nelson knows a lot about it; he has spent many hours and gotten nowhere; inquired how many more years the money will be sitting there; and noted she is not sure the money is still there.  She commented on money being spent to acquire property for the Chain of Lakes.  She inquired if the City is going to tell the County not to build on the park, or is the County going to take a stand and give the citizens the park.

 

 

 

Joan Wheeler stated the Redevelopment Agency thinks it owns Marina Park; it has managed to get it in its area of concern; and it has had many dreams of what it would put on it, including condominiums.  She stated now, the Redevelopment Agency wants commercial use at Marina Park; and no one wants to accept the fact that commercial use is not allowed on that piece of property because it is dedicated from the State.  She stated if the CRA can get the right mitigation done, perhaps they can make it a working waterfront and have some more passive recreation along the recreation and some boat slips and dry docks on the rest of the property.  She stated that has not been decided but that has been wanted by a certain sector of the City.  She inquired if the property could be mitigated in such a way that it can be a working waterfront and take it away from the people who really own it.  She stated one objective of the CRA is economic enhancement of Marina Park; that is not the purpose of Marina Park; and it was given to the City for public use and recreation, not economic enhancement.   She stated Marina Park belongs to the people.

 

Commissioner Scarborough stated the County nor the City own the land; and it is the Internal Improvement Fund of the State of Florida, with the Governor and Cabinet sitting as trustees.  He advised at one time it entered into a dedication to the City of Titusville purely for recreational purposes; and if there is an indication to do something other than recreational, it is with the Governor and the Cabinet that people need to address those issues.  He stated the County is involved because in 2000, there was a referendum which stated ball diamonds would be put at Marina Park; the ball diamonds became a problem; Titusville Little League has been dissolved by the National Headquarters; and now the question is what the County is going to do with the money  for  the  parks.   He  stated he  is concerned that the County holds money for the people

under referendum that says it is supposed to spend money for things that are not to be utilized; it is prudent and unwise; and the only opportunity the Board will have to cure the issue is to take it back to the people as a part of the Presidential Preference Primary next year.  He stated that is the only appropriate action the Board can do to deal with the money.

Chairperson Colon stated bringing it back to the people would be a good approach and letting them decide. 

 

Chairperson Colon called for the public hearing to consider resolution vacating portion of unimproved right-of-way known as Elm Street in June Park Subdivision as petitioned by Thomas Q. Downey.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution vacating portion of unimproved right-of-way known as Elm Street in June Park Subdivision as petitioned by Thomas Q. Downey.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt the proposed amended Environmental Review Fee Resolution for FY 06/07 to reflect the necessary user fee schedule restructuring to maintain the mandated level of service and meet the operational needs of the development community.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve a Transportation Impact Fee Credit Agreement with Duke Construction Limited Partnership and the City of Titusville; authorize the Chairperson to execute the Agreement on behalf of the County; authorize the Budget Office to implement any budget changes that are necessary to implement the Agreement; and authorize staff to reimburse Duke Construction Limited Partnership when the improvements have been completed.  Motion carried and ordered unanimously.  

 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize the Chairperson to sign Task Order 00-37 with S2L Inc., Solid Waste’s continuing engineering consultant to initiate the additional hydrological, wetland delineation and conceptual stormwater management studies necessary for establishing a landfill at the County’s U.S. 192 site.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to take corrective action and grant a Site Plan extension from January 6, 2007 to July 6, 2007 for West Point Plaza SP#01-02-002. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize the Chairperson to sign and execute Agreements with School entities that have sent applications for funding from the Driver’s Education Trust Fund; and authorize the Chairperson to sign any changes or amendments to the budget or contracts with previous approvals of the County Attorney and Risk Management.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize the Fire Rescue Department to open the EMS Ordinance to revise the EMS Advisory Council and the Certificate of Public Convenience and Necessity (COPCN) review/approval process.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution authorizing the transfer of property from the County to the North Brevard Hospital District and execute County Deed with North Brevard Hospital District.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Amendment to Agreement for Sale and Purchase between Brevard County and North Brevard Hospital District to extend the closing date from March 1, 2007, to March 8, 2007.  Motion carried and ordered unanimously.  

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution supporting legislative action to address underage drinking.  Motion carried and ordered unanimously. 

 

 

Ronald Baran showed the Board a list of the residents in his area who are upset and disturbed by ATM Recycling being allowed to operate in the neighborhood.  He provided the Board some pictures; and stated some of the pictures were taken when the business was located on Clearlake Road.  He advised the Board he has lived in his house for 25 years; an electrical contractor used to live behind him and he never made any noise; now, because ATM Recycling received an exclusion, it has moved its scrap metal recycling business into his backyard; there are roll off dumpsters of scrap metal coming in and out of the property all hours of the day; and they are loaded and unloaded in the middle of the yard, outdoors.  He stated the work is not done indoors, as is required by County Code, because the owner has been exempted; Code Enforcement cannot fine him because he has been excluded; and he is here seeking to have ATM Recycling’s exclusion rescinded so the residents can have the neighborhood back.  He stated he is disabled and he has chronic renal failure; he does not have many years left; he plans to enjoy his property; and his right to enjoy his home and property is deprived.    He stated the noise from ATM Recycling is unbelievable; their case is not a hardship case; the owner is a very well-to-do business man; and he continually runs his business next to residential areas, completely outdoors.  He stated the business owner does not follow any rules or regulations, only exclusions; the business owner makes such horrible noise that the residents are continually deprived of the right of reasonable enjoyment of their property and homes; and the property values are also tremendously diminished by ATM Recycling being there.  He advised the surrounding residents are also worried about hazardous waste material being on the premises; there have been several Code Enforcement violations on the property in the last year; and inquired what the business owner is doing with the gases and oil coming out of refrigerators and air conditioners.  He advised in addition to the exclusion that allowed ATM Recycling to move to the property, there were also exclusions for auto body repair and auto paint shop given to Mr. Brindle and Ms. Fisher in Scottsmoor; and he does not wish to affect them at all.  He noted ATM Recycling received an exclusion to run a scrap metal recycling business in his neighborhood under the premise of being an auto body repair and paint shop.  He stated the situation is causing  him  and  other  neighbors  complete  stress  and  anguish;  and  commented that ATM

Recycling has no business in that location.  He noted all of the names on the list he gave the Board are neighbors who live within 1,200 feet of ATM Recycling.

 

Paulette Baran stated her home was built in 1991; it was a country area; they have three and a half acres; and they adjoin the other properties.  She commented it has been quiet; they have farm animals; and it is nice to sit out back and listen to the animals and the birds.  She stated since ATM Recycling came in, there has been noise all day long; she works from 6:00 a.m. to 2:00 p.m. and in the afternoon she goes to her back room to do sewing or quilting and takes the dogs out for their runs; and when the business makes a ‘boom boom’ sound, her dogs bark.  She stated she can be inside her home and it feels like someone dropped a phone book behind her; and the loud booming makes her jump out of her skin.

 

Commissioner Nelson inquired does the Board’s action to abate Code Enforcement cover all types of infractions; and is that the problem, that it is not just strictly specific to automotive, it abated everything in BU-1.  Code Enforcement Manager Bobby Bowen responded that is correct.

 

Commissioner Nelson inquired if ATM Recycling moved to the property after the Board voted to exclude them; with Planning and Zoning Director Robin Sobrino responding that is her recollection.  Commissioner Nelson stated the Board took an action trying to do the right thing; but it was opened up so broadly that now, almost anything is permissible because the County is not abating anything; and the business was started in this location afterwards, so there was no point of reference to say there would be this kind of problem.  He stated he has a concern about where the ordinance is going; and he has seen some of the pictures of what will be permitted in BU-2.  He stated the Board has started two processes; one is the abatement, and one is amendment of the zoning; and what he sees happening is the Board is creating junk yards.  He advised the first problem the Board has to deal with is that there is a problem in a neighborhood that was never envisioned by the Board; he is not comfortable with the abatement process over the entire range of BU-2, but he would at least like to see any businesses that have been started after the abatement was approved by the Board, meet the Code; and he thinks the Board is setting itself up for more and more cases like this one. 

 

Zoning Manager Rick Enos stated under the abatement, the previous Board directed staff to prepare a Conditional Use Permit that would allow some of the outdoor uses; in the photographs staff gave the Board, the first page is a picture of what BU-2 would look like under the current Code; the Board directed staff to prepare the CUP with outdoor uses; and the other pictures show some of the things that would be allowed under the proposal.  He stated staff would like to know if the Board wants to continue on the path and start spending the funds to advertise the ordinance to allow the outdoor uses; it may decide it wants to proceed with the abatement; and the abatement was foreseeing the possibility of proceeding with the ordinance that would allow those uses.

 

Chairperson Colon stated there is no such thing as a perfect ordinance; the Board should be clear  it  is  not  opening  a  Pandora’s  box;  by the  same token,  the only  reason why it was an

abatement, was so the Board did not make Code Enforcement’s life chaotic; and it was not that the Board did it to have a mess out there.  She stated right now, the Board is trying to figure what is the best approach and if it needs to be categorized; the Board is asking staff to help it with some kind of direction to determine which ones would qualify and which ones would not; and inquired before the Board allows it to go into the full public hearing, what would staff recommend to make sure it does not open it up.

 

Ms. Sobrino stated the ordinance would cover all BU-2 uses, if it is crafted as it has been at this point,  to  permit  outdoor  business  activities; and one of the things staff has been grappling with in coming up with some standards for the CUP is how to minimize impact on adjacent areas, both visually and acoustically.  She stated in the case of Lake Drive, where the zoning is mosaic of business and residential uses, staff sees as challenging because it feels that any outside heavy business, it would be very difficult to come up with something that would protect the residents’ interest and also allow the business to operate as it chooses. 

 

County Manager Peggy Busacca inquired if Chairperson Colon’s question was what to do about the abatement; with Chairperson Colon responding not just the abatement, but in general; this has brought to the attention some things that have happened that the Board does not want to continue to happen; but by the same token, BU-2 is so broad.  She stated there still needs to be certain guidelines because the Board does not want everything to look like junkyards; and at that point, as a Board, it will have to decide what it is comfortable with and what it is not comfortable with.

 

Ms. Sobrino stated staff’s professional opinion would be that it would want to see some sort of distance or separation of such types of activity in residential zoning.  Chairperson Colon stated that is correct, because who would want to live next to something like that, particularly now, with Commissioner Nelson bringing this to the Board’s attention; and inquired how does the Board help the residents. 

 

Commissioner Nelson stated his point of reference is that the Board is trying to make a use fit the zoning, and not the zoning fit the use; his concern is that the Board already has violations out there; and there is not a one-size fits-all solution.  He stated he would be in favor of ceasing the abatement process because the Board has opened a Pandora’s box; the residents have suffered through something the Board may not have been aware could happen under that scenario; and maybe it is time the Board go back and address it.  He noted some of the uses that have been described to the Board are unacceptable; and maybe it should be talking about some other zoning category that addresses those kinds of things that create specific locations where this could occur.  He stated there are already neighborhoods against BU-2 zonings, and if the Board changes that it is going to have a lot more complaints.  He stated he would move that the Board cease the abatement in BU-2 and go back to enforcement.

 

Chairperson Colon stated the Board needs to be careful with that; there is only one scenario in front of Commissioner Nelson; he was not on the Board when the business owners were here who wanted  to  make sure there was a compromise with the Board; and there were some areas the Board did not mind, where there were folks who were working, such as mechanics, who the Board wanted to make sure were indoors, and wanted to make sure it was not an eyesore, and wanted to make sure there were certain things it was looking at.  She inquired how many would be affected by the Board doing away with the abatement.

 

Mr. Bowen stated he does not know, but there are over 11,000 businesses in unincorporated Brevard County; and he would not have an idea how many would be affected in BU-2.  Ms. Busacca  inquired  if  Mr.  Bowen  remembered how many cases were put on hold when abated;

with Mr. Bowen responding he does not know for sure, but there were many of them that are currently on hold. 

 

Chairperson Colon stated she is surprised Mr. Bowen does not know that number; and this item was before the Board and it wants to know how many people are affected when an abatement is taken away.  Mr. Bowen advised he can get the Board a number, but he does not know off the top of his head.

 

Chairperson Colon inquired if staff invited the businesses being affected to the meeting today; with Ms. Sobrino responding the item was a Citizens Request.  Chairperson Colon stated staff was aware, and inquired if staff notified the business owners; and stated when something comes before the Board, under Citizens Request, it gives enough time not only for staff, but everyone who is being affected to be present before the Board. 

 

Ms. Busacca stated the property belongs to the gentleman who asked for the abatement; she believes he has now vacated the premises and has leased it to this new business; and for guidance next time, who would the Board recommend staff notify; with Chairperson Colon stating whoever is the property owner, or whoever is causing the problem.

 

Commissioner Nelson stated that is a double-edged sword; the County works on a complaint basis, not on a pro-active basis; what the Board will have done is taken out of the hands of the average citizen the ability to call in a complaint as they have identified; and should the Board be contacting all of the citizens who could be impacted by BU-2 changes and tell them it is getting ready to be opened up.  Chairperson Colon stated that is not what she is referring to; one thing that has been hard for Directors, is that there is a citizen before the  Board who never had a heads-up of what the issue is about; one of the Directions the Board has been clear about is when there is a Citizen Request item, the Director affected by the particular item would be present; to be fair, when someone is speaking about someone else to the Board, the Board wants to make sure that both parties are present; and then the Board can have a fair discussion. 

 

Commissioner Nelson stated he remembers Mr. Brindle; if the Board wants to continue abatement on his property then that is fine; ATM Recycling was not on the radar at its current location when the issue was last discussed; and the Board has created a scenario where businesses  opened  up  and do not have to meet any of the BU-2 criteria, because the Board is

working on the change and even if there could be relief to the Barans, because the Board never envisioned they would be subjected to this. 

 

Chairperson Colon inquired how it could work legally; stated the Board is very clear that this is not acceptable; and obviously folks have come who have taken advantage of the situation by going full force.

 

County Attorney Scott Knox stated the Board abated enforcement; it did not change the rules and  regulations;  so  the  rules  and regulations  still  exist to the extent that if someone came in

after the fact and opened up a business that does not comply with the rules and regulations, they do so at their own risk; and if the Board decides it needs to enforce against people who came in after the fact, then that is something it can probably do.

 

Commissioner Nelson stated he was not part of the original discussion; but what he recalls is that it was an automotive use that triggered the original discussion; and inquired if ATM Recycling was part of the discussion at that point.  Mr. Bowen responded ATM Recycling was present during that discussion.  Commissioner Nelson inquired if that was at their other location; with Mr. Bowen responding affirmatively.  Commissioner Nelson noted ATM Recycling moved the violation to a new location. 

 

Chairperson Colon inquired how the Board stops this from happening to anyone else.

 

Assistant County Attorney Terri Jones stated the Board can either keep the abatement in place as it is; it can get rid of the entire abatement, and enforce the Codes; or it can remove the recycling, which is the heaviest use in BU-2, and state that use itself should be inside a structure.  Ms. Busacca inquired if there is another option since the issue came up about people working on vehicles that the Board would extend the abatement to only those situations, and that way, the next time someone has a business as noisy as recycling, the Board does not have to go through this again; with Ms. Jones responding affirmatively.

 

Chairperson Colon stated removing recycling from BU-2 today would be a good start, so that it can be taken care of immediately. She inquired if the Board would be comfortable bringing this item back to the Board so it can have a full discussion with those who are affected; and stated she thinks the best way to handle it is to have more of a discussion.

 

Commissioner Scarborough stated he thinks this is horrific; a lot of people have beautiful BU-2 businesses with the public frequenting it; it is not just residentially zoned people who have a legitimate complaint; legitimate businesses have a right to not have this type of a mess next to them as well; and the problem touches the business community as well.  He stated the Board can respond to this particular issue, but it cannot allow this type of activity in normal situations.  He stated he does not think any Commissioner thought this is what was being opened up; and the Board needs to come back for that purpose as well, just to clarify.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to remove recycling abatement immediately from the previous Board action; and direct staff to place the issue on the agenda for further discussion by the Board, and to not proceed with the ordinance at this time.  Motion carried and ordered unanimously.  

Chairperson Colon noted the issue will be advertised to advise all interested parties when the item will be scheduled on the Board’s agenda for discussion.  

 

 

Commissioner Scarborough stated his problem in notifying is that there is a zoning hearing in which only the applicants will be present and not the adjoining properties; and the whole reason for  this  is to  protect  the  adjoining  properties.   He  stated  the  Board  should  also  notify  the properties that are in proximity because of some complications of putting that list together; and it is not fair to only have the applicants present.

 

Chairperson Colon stated the hearing will be advertised, and those parties who want to come are welcome to come.

 

Commissioner Nelson stated what the Board is looking for is a new zoning category with new criteria, because a lot of commitments have been made in BU-2 zoning already; and his thought is that this may be acceptable in some other category, as opposed to trying to deal with it in a BU-2.

 

 

Commissioner Nelson stated previously the Board had asked, as part of the expansion of MIRA boundaries, that there be some restrictions placed on some of the powers it has as part of a redevelopment agency; it focuses around the height issue, because there are some things that are more stringent under a redevelopment agency than if it is done away with; and there are elements of that that need to stay in place. 

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to direct staff to deal with the height issue on Merritt Island; work with the Merritt Island Redevelopment Agency; and bring something back to the Board just dealing with height, as opposed to doing away with all of the different categories.  Motion carried and ordered unanimously.

 

 

Commissioner Bolin stated it is Brevard County’s responsibility to collect the garbage; and she feels it should be done no matter what the circumstances are. 

 

Commissioner Nelson noted citizens of private roads are paying the assessments, so they are not getting something for free.

 

Motion by Commissioner Bolin, seconded by Commissioner Scarborough, to approve Option 1, to continue to collect all debris from streets that receive normal collection services during non-emergency situations.  Motion carried and ordered unanimously.

 

 

 

Commissioner Scarborough stated the best thing is to remove the Loan to Educational Impact Fee Program from the Charter; the Board has resolved that it is a public purpose in the Attorney General’s opinion; but the advancing of impact fees is an issue the Board did not discuss.  He noted there were improvements in Titusville and the developer was going to put forth about $550,000 and get credits for $300,000 and some change.  He stated normally, the developer goes out putting the money forth and then gets the credits back when it comes back in; with that in mind, it would be approximately 12 years before the Board would be repaid; and that is a long time to take general revenue monies and put it into something else.  He stated to remove the issue completely from developers from charter schools, the Board would also be inclined to take a million dollars and give it to the School Board and then expect repayment.  He advised the Board does not have any policy dealing with external loans to school boards or to external entities; but internally there is a Board policy that says it should charge interest. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to table approval of a zero interest advance to the Educational Impact Fee Program for payment to Odyssey Charter School to an unspecified date in order to get further questions answered.  Motion carried and ordered unanimously.

 

 

Chairperson Colon noted since November the Board’s meetings have been ending at a reasonable time; because of that, also, when anyone requests a time certain, it is difficult to do that; and she has been trying to discourage it, because if there was a time certain for 1:00 p.m., the Board would be finished right now, and then have to come back at 1:00 p.m. for one item.  She stated when there is public comment with the consent agenda, those will have to be taken care of first before the Board starts the business; and inquired if the Board is comfortable with how the meetings have been going.  The Commissioners responded they are comfortable with how the meetings have been going.

 

 

Upon motion and vote, the meeting adjourned at 11:31 a.m.

  

 

 

ATTEST:                                                                     ___________________________________

                                                                                    JACKIE COLON, CHAIRPERSON

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)