MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

November 22, 2005

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on November 22, 2005, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Chairman Pritchard.

 

 

Commissioner Carlson led the assembly in the Pledge of Allegiance.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of the March 24, 2005 Special meeting, May 10, 2005 Regular meeting, and May 19, 2005 Regular meeting. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to select Commissioner Susan Carlson as the Vice Chair of the Board of County Commissioners. Motion carried and ordered unanimously.

 

 

Chairman Pritchard passed the gavel to Vice Chair Carlson.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to select Commissioner Helen Voltz as the Chair of the Board of County Commissioners. Motion carried and ordered unanimously.

 

 

Chair Voltz presented a plaque to former Chairman Pritchard recognizing his service to the citizens of the County as Chairman of the Board of County Commissioners from November 2004 to November 2005.

 

Chair Voltz advised she brought her own gavel; and distributed Board appointments to the Commissioners. She summarized key platform points and recommendations for the next year including transportation, impact fees, regressive taxes, discrimination, disparities between Commission Districts for impact fee collections, proposal to make transportation a primary
factor, expressing opinions through democratic process, 2006 referendum for restricted road construction with termination date, the budget, accountability, agenda and meeting procedures, economic development, and smart growth. Chair Voltz read a quote of First Lady Laura Bush concerning the benefits of arts and preservation to improve quality of life and enhance economic development. She advised the County has much to look forward to in the next year; transportation, the budget, government accountability, economic development, and smart growth are the key issues; and expressed appreciation for the opportunity to serve as the Chair.

 

Commissioner Colon congratulated Chair Voltz; and advised procedures have to be approved by the entire Board. She stated the Commissioners should have an opportunity to have a report at the beginning of the meeting; inquired about public comment; and requested the Board discuss the issues.

 

Discussion ensued on order of the Agenda, Commissioner reports, public comments, time limits, current Agenda, time certains, and substantive issues.

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to keep the Agenda as it is currently. Motion carried and ordered; Commissioner Voltz voted nay.

 

 

 

Commissioner Carlson stated earlier in the year Commissioner Scarborough relinquished his assignment to Myregion.org; and inquired if he still wants it. Commissioner Scarborough stated Commissioner Carlson is doing that now. Commissioner Carlson stated she and Commissioner Pritchard both sit on the Central MPO Alliance, which is not shown on the list; and she was appointed to the St. Johns River Alliance, which is the regional group. She requested those assignments be added. Commissioner Pritchard stated he would like to have the Indian River Lagoon National Estuary Program, and Commissioner Carlson agrees with that. Chair Voltz requested those Commissioners having problems with the list email her to inform her, and she will rearrange the list.

 

 

 

County Manager Peggy Busacca requested Item IV.A.11, Binding Development Plan Agreement with Country Oaks, Phase II, Re: Property on the South Side of Fenner Road, West of North Burnett Road be deleted, as the document has not been received.

 

 

 

Commissioner Scarborough advised of a letter to the Delegation that resulted in the County getting $350,000 for the Pritchard House; and requested Chair Voltz write a letter of appreciation to the Delegation.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct Chair Voltz to send a letter thanking the Brevard Delegation for its efforts toward obtaining funding of $350,000 for the Pritchard House. Motion carried and ordered unanimously.

 

 

Dr. Dan Holsenbeck, Vice President, Governmental Relations, University of Central Florida, provided an overview of the proposal to bring a medical school to UCF; advised of a pledge by Orange County Chairman Richard Crotty to match participation by other counties; and requested the Board join in the effort.

 

Discussion ensued on the size of UCF, pledges of Seminole and Osceola Counties, meetings with Volusia and Lake Counties, no funds to be spent until school is approved, business incubator, proximity to Brevard County, presentation before Board of Governors, vote in March 2006, medical village at Lake Nona, allocation in next budget year, teamwork, Florida Solar Energy Center, regionwide seminars and studies, and management of the University properties.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct Chair Voltz to work with Dr. Dan Holsenbeck to put together a letter for the Board’s approval expressing the Board’s intent to take Mayor Richard Crotty’s challenge in support of a medical school at the University of Central Florida, but not specifying an amount. Motion carried and ordered unanimously.

 

 

 

Commissioner Pritchard advised of attending the performance of the Space Coast Pops on November 12, 2005; and commented on the performers.

 

 

 

Commissioner Pritchard presented a proposed ordinance from the Brevard County Chiefs of Police relating to sexual offenders and sexual predators; and requested it be placed on a future agenda.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize the County Manager to place consideration of a proposed ordinance relating to sexual offenders and predators on the Agenda. Motion carried and ordered unanimously.

 

 

 

Commissioner Pritchard congratulated Georgia Phillips of Information Technology who is also a Rockledge City Council Member for being selected as Florida League of Cities Council Member of the Year. He stated in addition Pat Chambers of the Rockledge City Police Department was selected as City Employee of the Year.

 

 

 

Commissioner Pritchard stated Supervisor of Elections Fred Galey requested the County proceed to secure space for the Supervisor of Elections office by entering into a lease on property in Viera; and requested staff advise of the status of the request.

 

 

 

Commissioner Pritchard stated he requested the County Manager put an item on the December 13, 2005 Agenda regarding the unintended consequence with not allowing impact of wetlands on commercial property. He advised of a proposal to build a Lowe’s on Merritt Island, desire of the community for the commercial establishment, impact to wetlands, and unintended consequence of public not getting a service it desires. He stated Ms. Busacca will report to the Board on December 13, 2005.

 

 

 

Commissioner Pritchard advised of a letter from the County Manager to Tom McGill thanking him for his time and experience in reviewing the one-stop permitting process; stated the recommendations of Mr. McGill fall in line with Bob Seemers report under the Sterling process; so there is a lot of room for improvement. He read aloud a portion of the letter to Mr. McGill advising staff will be reviewing the report.

 

 

 

Commissioner Pritchard advised of his year in review; and commented on hurricanes, election, support of staff, taxes, budget, private property rights, transportation issues, growth management initiatives, access to waterways, future land use map, First Amendment rights, guardrails on I-95, exceeding Capit, density, review of Comprehensive Plans, and Sterling process.

 

 

 

Commissioner Carlson advised of the failure of the culvert on Stadium Parkway, closure of the roadway, and construction of a temporary by-pass road.

 

Commissioner Carlson recognized and expressed appreciation to the 52 County employees who worked to correct the Stadium Parkway culvert failure. She stated putting infrastructure in place prior to development is a key issue; and right now there is only one way in and one way out.

 

 

 

Joe Gassman, Habitat for Humanity, advised of the work of the group in the County; and presented a check to the Board for $106,549 representing property taxes for Habitat for Humanity Homes in 2005.

 

 

 

Commissioner Carlson presented a book from Florida Institute of Technology regarding the environmental studies implications for sustainability.

 

 

 

Commissioner Colon wished everyone a happy thanksgiving.

 

 

 

Commissioner Colon advised of performances of the Melbourne Municipal Band on November 22 and 23, 2005.

 

 

 

Commissioner Colon stated she and Chair Voltz attended the Life Choices event for young people; and advised of topics that were discussed. She commented on a DVD of the event and presenting it on Space Coast Government Television.

 

Commissioner Pritchard advised of the positive nature of the event. Commissioner Colon requested anyone having ideas on how to help young people to contact her.

 

 

 

Commissioner Colon commented on the Growth Management Task Force, upcoming Growth Management workshop on January 26, 2006, and request of municipalities affected by the Viera DRI for a workshop.

 

 

 

Chair Voltz stated some groups are criticizing the Life Choices event, but have never seen it.

 

 

 

Chair Voltz commented on a memorandum from Highlands County concerning host counties and hurricanes; and requested a resolution be prepared concerning hurricane preparedness.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to direct staff to prepare a resolution for the Board’s consideration at its next meeting in response to the letter from Highlands County concerning hurricane preparedness. Motion carried and ordered unanimously.

 

 

 

Commissioner Pritchard read aloud the resolution recognizing National Farm-City Week.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming November 18 through 24, 2005 as National Farm-City Week. Motion carried and ordered unanimously.

 

 

Commissioner Pritchard presented the Resolution to members of the Brevard agricultural community and Farm Bureau, who advised of the importance of the agriculture industry, number of employees involved in the industry, and number of acres in the County used for agriculture.

 

Commissioner Scarborough commented on farms and citrus in the County.

 

The representatives of the agricultural community thanked the Board for its support.

 

 

 

Chair Voltz read aloud a resolution proclaiming November as National Epilepsy Awareness Month.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming November 2005 as National Epilepsy Awareness Month. Motion carried and ordered unanimously.

 

Chair Voltz presented the Resolution to Jackie Hayliger of the Epilepsy Association of Central Florida, who expressed thanks to the Board.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant final plat approval, which includes three flag lots, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate jurisdictional permits. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to waive the five-acre minimum requirement provision of Section 62-102 for Tax Parcel 23-35-36-00-7 owned by Regina Schwantz to allow an easement over a flag stem for two parcels. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant final plat approval for Still Point Subdivision, IIB, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate jurisdictional permits. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant final plat approval for Palm Breeze Townhomes, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining appropriate jurisdictional permits. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Mark Valladares for a building permit off an existing right-of-way known as Treadwell Lane, which has been constructed to the standards of the Unpaved Road Code of Ordinances Section 62-102. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution releasing Contract dated February 8, 2005 with Lennar Homes, Inc. for improvements in Heritage Isle, Phase III, as the infrastructure work has been completed. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute a Binding Development Plan with Nicholas S. and Laura J. Stipanovich for property located on the
southeast corner of Tangerine Avenue and North Tropical Trail. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Binding Development Plan with EKS, Inc. and The Great Outdoors Premier RV/Golf Resort, Inc. for property located at The Great Outdoors. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Binding Development Plan with Crescent Beach Ventures for property located west of South Atlantic Avenue and South Orlando Avenue. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Binding Development Plan with Frank Priest, Jr., and Jay Humphreys for property on the north side of Tennessee Avenue, east of North Courtenay Parkway. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Amendment No. 1 to Agreement with Florida Department of Environmental Protection extending the time for completion of the Sarno Lakes Phase I drainage improvement project. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Change Order No. 1 to Contract with Shaw Environmental, Inc. for the Central Disposal Facility, Phase IIIA Project, reducing the Contract amount by $772 and adding a time extension at no cost. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Task Order No. 97-42 with Neel-Schaffer, Inc. to prepare an assessment of the onsite listed species, wetland determination maps, and coordinate with the U.S. Army Corps of Engineers and Florida Department of Environmental Protection. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution authorizing the Chair to execute an Airspace Agreement to facilitate the completion of the Viera Boulevard Extension over I-95 from Murrell Road to Stadium Parkway; and execute Airspace Agreement and Addendum with Florida Department of Transportation for the project. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Budget Change Request for cash forward in the Constitutional Gas Tax Bond Funds so project budgets can be adjusted to complete the ongoing approved projects. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution authorizing execution of Amendment No. 2 with Florida Department of Transportation for reimbursement of funds pursuant to Emergency Relief Program; and execute Amendment No. 2. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize staff to relocate and provide assistance to low-income families as part of the Houston Lane Improvement and Infill Project, pursuant to Section 104(d) of the Housing and Community Development Act of 1974, as amended. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the recommendation of the Affordable Housing Council to award the operation of the County’s First Time Homebuyers Program to Community Housing Initiatives, Inc.; and authorize the Chair to execute Agreement and all future Amendments, contingent upon approval of the County Attorney and Risk Management. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase and Addendum with T. A. Vani for 10.81 acres for the Brevard Zoo Trail Referendum Project at $7,000; and authorize the Chair to execute required amendments to the Contract and acceptance of an Easement for access to the property. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Lease Agreements with Club Car, Inc. to provide replacement golf carts at Spessard Holland and Savannahs Golf Courses. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize termination of the Owner-Contractor Agreement with Speegle Construction II, Inc.; authorize staff to advertise bids for construction of the Barrier Island Ecosystem Center and award bid to
the lowest qualified bidder; and authorize the Chair to execute the associated contract.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to award Proposal #P-3-05-29, Lawn Maintenance Services for Central and South Areas, to Florida Outdoor Impressions at annual cost of $89,054.55 for the Central Area and $80,876.25 for the South Area; and reject proposals received for the North and Merritt Island /Beach Areas, Parks and Recreation. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution approving Rockwell Collins, Inc. as a qualified targeted industry business and requesting the State waive the QTI local match requirement in lieu of the County’s tax exemption local match. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution approving FYI Corporation as a qualified targeted industry business and requesting the State waive the QTI local match requirement in lieu of the County’s tax exemption local match. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolutions authorizing renewal of the Tax Exemption Commercial Paper Loans of $500,000 for Roadways and Landscaping District 2 Canal Dredging MSBU, and $22,000 for Lakemont Road Waterline MSBU. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute an Interlocal Agreement with the Cities of Titusville, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge, and Satellite Beach, Town of Indialantic, and Brevard County Sheriff for the E 9-1-1 Public Safety Answering Points. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize TRDA to use the County Seal for a sign at the Incubation Center. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to confirm the appointment of Jon Sellers as the Information Technology Director, pursuant to Section 2-75 of the Brevard County Code. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Sheriff’s office to utilize $15,000 of State Forfeiture funds in FY 2006 for Youth Services. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to appoint George Mikitarian, President/CEO of Parrish Medical Center, to the Brevard Workforce Development Board, with term expiring June 30, 2008. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize use of former Chairman Pritchard’s signature plates for signing payroll and accounts payable
checks until new signature plates can be obtained with Chair Voltz’s signature on them. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to appoint/reappoint George Mikitarian to the Health Facilities Authority with term expiring December 11, 2009; Benjamin Brotemarkle to the Historical Commission with term expiring December 31, 2006; Stan Allen to the Merritt Island Redevelopment Agency with term expiring November 13, 2008; and Roger Dobson to the Tourist Development Council with term expiring November 21, 2009. Motion carried and ordered unanimously.

 

 

 

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

 

 

The meeting recessed at 10:27 a.m. and reconvened at 10:37 a.m.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Lease Agreement with Harmony Farms for use of 110 acres adjacent to the South Central Water Reclamation Facility. Motion carried and ordered unanimously.

 

 

 

Assistant County Attorney Morris Richardson stated the Sheriff’s office requested the County Attorney’s office file a nuisance abatement suit to eliminate public nuisance at Showboat Adult World. He advised of Special Magistrate’s Order of October 7, 2005 that upheld the County’s suspension of Showboat’s adult entertainment license for a period of 30 days, appeal of the Order, business remaining in operation during appeal, 48 arrests since February 2005, and eight more arrests since October 2005.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize the County Attorney’s office to file a nuisance abatement suit to eliminate a public nuisance at Showboat Adult World. Motion carried and ordered unanimously.

 

 

 

Robert Watts, ERA, submitted paperwork to the Board, but not the Clerk.

 

Euripides Rodriguez, Solid Waste Management Director, advised of the history of the Contract with ERA for use of landfill gas, hurdles with Florida Gas Transmission, and subsidiary of Enron. He requested permission to terminate the Contract and go out for an RFP to build and operate a landfill gas utilization facility at the Central Disposal Facility.

 

Discussion ensued on when the Contract was entered into, amendment to the Contract, payment of $5,700, past due amount of $340,000, concern with time delays, and benefits of gas utilization facility.

 

Commissioner Pritchard stated the recommendation is to solicit proposals.

 

Mr. Watts advised of the position of his company concerning the Contract with the County, willingness to make a payment to the County and offset royalties not received, and reasons the County should not go out for RFP.

 

Discussion resumed on rebidding the contract, default of the Contract, assurance that project will be completed, past due amounts, tax credits, piggybacking on Seminole County RFP, converting to clean gas, electrical generation, and Title V project requiring rezoning for CUP.

 

Commissioner Pritchard inquired if Mr. Rodriguez still has confidence in ERA; with Mr. Rodriguez responding no, up to now the company has not met any of its deadlines.

 

Commissioner Scarborough inquired if the County can piggyback on another community’s RFP; with County Attorney Scott Knox responding he has never heard of piggybacking on an RFP. Commissioner Scarborough requested Mr. Knox look into it and report later in the meeting. Commissioner Scarborough commented on the various options including landfill gas and electrical power; and stated he would like additional information.

 

Commissioner Carlson advised permits will be an issue; and commented on terminating the Contract, going out for RFP, or piggybacking.

 

The Board reached consensus to consider the item later in the meeting.

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of a right-of-way and easement in Section 17, Township 25 South, Range 36 East, request for fee waiver as requested by Lester S. Howard, and acceptance of Easement.

 

There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating portion of a right-of-way as petitioned by Lester S. Howard; accept easement in Section 17, Township 25 South, Range 36 East; and waive the vacating fee. Motion carried and ordered unanimously.

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of Crescent Beach Drive in Plat of Cocoa Beach, as requested by Garden Isles, LLC.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating portion of Crescent Beach Drive in Plat of Cocoa Beach, as requested by Garden Isles, LLC.

 

 

Transportation Engineering Director John Denninghoff advised of a proposal from the petitioner to make improvements to the vacated area to provide for access; stated staff has not seen the improvements; and outlined the two options.

 

Motion restated by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating portion of Crescent Beach Drive in Plat of Cocoa Beach, as requested by Garden Isles, LLC, conditioned on an agreement with the applicant requiring provision of an easement for access, sidewalk, parking space, and landscape buffer.

 

 

Assistant County Manager Ed Washburn advised the applicant will be getting six additional units based on vacating the right-of-way.

 

Commissioner Scarborough commented on the agreement, maintenance responsibility, reverter in the easement, and wording of the agreement.

 

Mr. Denninghoff inquired if the applicant will be providing an easement over the 30 feet that is being vacated and improvements; and will it be in a form that is acceptable and will be recorded; with Commissioner Voltz responding affirmatively.

 

Commissioner Scarborough commented on the vacating, easement, and improvements; and inquired how will it be structured legally. He requested the County Attorney’s office be involved to make sure there is some sort of methodology to make this happen.

 

Commissioner Pritchard advised it is an overall decrease in density.

 

Chair Voltz called for a vote on the motion as restated. Motion carried and ordered unanimously.

 

 

 

Donna Keppen commented on boats moored in the river off of her property, illegal buoys, purpose of the Aquatic Preserve, need for Code to define length of stay and setbacks, need for pumping facilities and signage, Sheriff’s budget, increasing fees for boaters, and policy concerning use of sovereign lands.

 

Shauny Kronfield advised of a buoy behind her house that is tied to a truck engine and a boat that has been behind her house for a year.

 

Mark Leslie, representing the City of Titusville and the Marine Industry of Brevard, advised the City supports efforts to curtail the derelict vessel problem; and commented on damage to the Max Brewer bridge and the Titusville Veterans Memorial Pier from breakaway vessels. He commented on boating access, planning effort, interim ordinance, priority for infrastructure, two-year cycle to get mooring fields and pump-out facilities permitted and built, and need for group meetings. He advised the acronym for boating, economical, ecological, and recreational is BEER; and the City supports the initiative.

 

Jerry Sansom, Commissioner on Florida Inland Navigation District, commented on increasing facilities for boaters, support of maritime master plan, getting stakeholders together, available funds for programs, FIND projects, mooring fields, and transient facilities.

 

Commissioner Carlson inquired if Mr. Sansom would be willing to assist if the County creates a steering committee; with Mr. Sansom responding yes, if he is in town.

 

Mike Cunningham, vice chairman of the Brevard Marine Advisory Council, encouraged the Board to go on with the marine management program; commented on transient boaters Countywide; and advised of the need to address zoning, liveaboard criteria, anchoring, public access, marina siting, water-dependent facilities, working waterfronts, fisheries, and biological management. He stated a citizen task force is the only effective way to do it; and he echoes the previous speakers.

 

Walter Pine commented on the County not having authority to regulate anchorages in the navigable waterways contiguous with the ocean and waiver of requirements for boats of people with disabilities.

 

Commissioner Voltz requested Mr. Knox address the County’s authority relating to regulation of anchorages. County Attorney Scott Knox stated there are certain circumstances under which the County does not have authority; but there are also some where the County does have authority, which he outlined in the memoranda.

 

Discussion ensued on living with someone anchored in your backyard, lack of mooring fields, privatization of marinas, Banana River, creating a workable solution, creation of mooring fields off commercial properties, dockage and pump-outs, costs to be paid by boat owners, grants to City of Titusville, and support of municipalities.

 

Chair Voltz inquired about the timeline; with Mr. Leslie advising of Representative Mayfield’s bill to streamline mooring field permitting, and language concerning triggering DRI. Mr. Sansom clarified the language concerning square footage; and commented on DEP moving forward on the blanket permit and marina rules.

 

Discussion ensued on public slips at Whitley Bay, access to downtown area, reduction of public slips, authority of County to make boats move from behind houses, and illegal buoys.

 

Mr. Knox advised it is going to be a fact intensive discussion in terms of whether there is a violation or not because there are certain things the County can do and certain things it cannot do; and a lot depends on the circumstances. Commissioner Pritchard inquired what can the County do regarding the boats that have been behind houses for the past year. Mr. Knox advised if they are there without authority under the County’s Ordinance, there will be a time period to make other arrangements. Commissioner Pritchard inquired if the Board can create an ordinance that would say they can be moored no less than 1,000 feet from residential properties unless it is a proper mooring field; with Mr. Knox responding as long as it is an area the County has jurisdiction over.

 

Discussion ensued on the County’s jurisdiction in the Indian River, illegal buoys and moorings in the Banana River Aquatic Preserve, removal of illegal buoys, removal of liveaboards from illegal buoys, enacting ordinance dealing with liveaboards, legal buoys, master plan, and limiting anchorage of unoccupied vessels.

 

Commissioner Scarborough stated the ordinance would only apply if a vessel is unoccupied; and inquired what about the lady who has a resident behind her property. Natural Resources Management Director Ernie Brown responded that speaks to the issue of rights of navigation.

 

Discussion ensued on unoccupied vessels, dealing with occupied vessels, enforceability, rights of navigation, liveaboard attached to illegal buoy, DEP authority to direct departure from buoy, right to snip illegal buoy to insure no additional mooring, compliance with State law, and lengthy process.

 

Mr. Brown advised of a letter from DEP dated November 18, 2005 directing a particular inhabitant on a vessel attached to an illegal mooring to depart that mooring within 20 days. Commissioner Pritchard inquired if DEP would take this to federal or State court; with Mr. Brown responding he does not know.

 

Discussion resumed on the process, creation of maritime management master plan, creating places for vessels to go, timeline, providing law and solution, lack of marina facilities, getting liveaboards out of backyards, list of illegal buoys, expediting serving notice, and long-term issue of mooring facilities.

 

Chair Voltz inquired what would Mr. Brown suggest the Board do. Mr. Brown advised there are three options to be addressed; one is moving forward with the maritime master plan; the second is providing direction on moving forward on an anchoring and mooring ordinance for the County; and the third option is the immediacy of requesting the Ag/Marine Division of the Sheriff’s Department to begin the process of removing illegal buoys in accordance with DEP.

 

Commissioner Scarborough stated the Board is frustrated; it is asking to explore as many options as possible; and there may be legislative action. He stated the County has done extraordinary things with stormwater to prevent pollutants; and commented about discharge from boats into smaller water bodies. He stated rather than a three-year study, he would like to see a lot of ideas coming back rapidly to the Board. Mr. Brown stated he concurs and would like to see an expeditious resolution come back; but the process is extensive including many stakeholders. Commissioner Carlson stated the SWIM Program needs to be included.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to direct the County Attorney to consider all issues brought up by the Board including the maritime master plan and removal of illegal buoys; direct development of an ordinance that will be enforceable to regulate mooring of vessels in aquatic preserves and other associated maritime issues, with an exclusion so as not to prohibit anchoring for less than 72 hours; and encourage the development of mooring fields and required pumpouts.

 

 

Commissioner Carlson commented on the City of Titusville’s mobile pumpout facility; and suggested piggybacking on what the City has done.

 

Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously.

 

 

 

Walter Pine commented on public records being incorrect, lack of investigation of incorrect records, free speech, and structure of the meeting.

 

Thelma Roper commented on epilepsy, Habitat for Humanity, free speech, and bringing issues forward to elected officials.

 

Bette Danse commented on conflicts with Commissioner Pritchard, County website, the Sunshine Law, request for retraction on the website, petitions, committees, and demeanor of elected officials.

 

Commissioner Pritchard commented on Sunshine Law affecting elected officials, security guards, outbursts of people, meeting with property owners, and doing things in the best interest of District 2.

 

Bea Polk commented on apologies, two opportunities for public comment, and elected officials’ duty to serve the people.

 

Commissioner Colon advised of an attack by one constituent on another and allowing attacks reflecting on the Board.

 

Discussion ensued on public comment, participatory democracy, opportunity for the minority to be involved, dynamic discussions, and not inhibiting speech.

 

The meeting recessed at 12:07 p.m. and reconvened at 1:34 p.m.

 

Al Hernandez commented on driveway permits and installing items in County rights-of-way; and inquired if a permit is needed to install a mailbox. Ed Lyon, Permitting and Enforcement Director, commented on large structural mailboxes sometimes requiring permits; but advised a standard mailbox does not require a permit.

 

Discussion ensued on Postal Service requirements, permits for mailboxes, large mailboxes in rights-of-way being hazardous to motoring public, DOT standards, and need for document outlining requirements.

 

Assistant County Manager Ed Washburn advised he will meet with Mr. Hernandez to find out what took place. Commissioner Pritchard inquired about driveway repair; with Mr. Washburn responding a person can throw a shovel of sand in the driveway without a problem, but if someone wants to put brick pavers in the rights-of-way, he must have a permit.

 

Discussion ensued on when a permit is needed, flatwork, and work on driveway between house and the sidewalk not needing permit.

 

Mr. Hernandez requested clarification; stated he has lived on the dirt road, which the County has now paved; he had a driveway there for 12 years made from sand and marl; all he is doing is removing a layer of sand and marl and replacing it with 5000 psi concrete bricks; and now he has to meet base criteria from Florida DOT requiring ten inches of compacted material. He inquired why that is necessary as there are no emergency trucks coming up and down his driveway. Mr. Lyon stated there are standards to insure that emergency vehicles can get to the house; most times there are roadside swales; and they do not want the culverts being crushed by people pulling off as that would affect drainage; so to insure there is access to the house and no damages in the right-of-way, there are standards for all types of construction. Mr. Lyon advised of the need to compact the soil beneath brick pavers to prevent failure.

 

Commissioner Voltz inquired if Mr. Hernandez has a culvert; with Mr. Hernandez responding he has a culvert and head walls; and his driveway has been functional for 12 years. He inquired if he can throw gravel in it without a permit; with Mr. Lyon responding Mr. Hernandez can maintain his driveway system as approved without a permit.

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating public utility and drainage easement in Raintree-by-the-Lake as requested by Stuart L. Andrews.

 

County Manager Peggy Busacca advised the applicant has requested the item be continued to January 10, 2006.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to continue the public hearing to consider resolution vacating public utility and drainage easement in Raintree-by-the-Lake as petitioned by Stuart L. Andrews until January 10, 2006. Motion carried and ordered unanimously.

 

 

 

Chair Voltz called for the public hearing to consider an ordinance amending Article II, Section 2-73, Brevard County Code, Departmental Structure of County Government.

 

Commissioner Carlson stated Mr. Pine believes Audit and ADA are missing on the structure; but Ms. Busacca advises those are not separate departments. She inquired which departments do they belong to; with County Manager Peggy Busacca responding if the Board would like to amend the Ordinance, ADA could be shown under Housing and Human Services Department; and Internal Audit is directly managed by an Assistant County Manager under the Board, so it is not found in an individual department. Chair Voltz inquired if ADA would be under Human Resources; with Ms. Busacca responding no.

 

Discussion ensued on Assistant County Managers, delineating department structure not individuals, renaming Roadways and Landscaping, moving EEL’s from Parks and Recreation Department, and access to EEL property.

 

Assistant County Manager Don Lusk suggested not separating EEL’s from Parks and Recreation Department at this time; and stated staff will bring the issue back later in the year.

 

There being no further comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an Ordinance amending Article II, Code of Ordinances of Brevard County, Florida, amending Section 2-73 providing for departmental structure of County government; providing for conflicting provisions, severability, and an effective date. Motion carried and ordered unanimously.

 

 

 

Chair Voltz called for the public hearing to consider an ordinance approving tax abatement for Rockwell Collins, Inc.

 

There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt an Ordinance granting an economic development ad valorem exemption to Rockwell Collins, Inc., 1100 West Hibiscus Boulevard, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Rockwell Collins, Inc.; providing an effective date. Motion carried and ordered unanimously.

 

 

 

Chair Voltz called for the public hearing to consider approval of the 4th quarter budget adjustments for North Area Parks Operations.

 

Commissioner Scarborough advised the memo combined some projects that have separate funds/accounts, and they should not have been reflected in the same budget adjustment. Chuck Nelson advised the interpretation of the Budget Office was the South Brevard projects had been approved; and they will communicate more closely on the wording. Commissioner Scarborough stated the information provided by the Department was correct; but the Budget Office combined items that were incorrectly reflected.

 

There being no further comments, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to approve budget adjustments for the North Area Parks Operations to transfer $1,320,682 from Stormwater Department and $337,023 from North Area Bond Debt and appropriate $1,658,705 to the Chain of Lakes Regional Park project; transfer of $100,000 from Brevard Boating Improvement Program and appropriate to the Titusville Veterans Pier Project; and reduce projected Balance Forward and Interest Income and adjust various North Area Referendum Park projects accordingly. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution of Necessity for commencement of condemnation proceedings for acquisition of parcel in conjunction with Houston Lane Paving, Drainage, and Infill Project; and direct the County Attorney to proceed with the action immediately. Motion carried and ordered unanimously.

 

 

 

Natural Resources Management Director Ernie Brown explained the request for funding for the FEMA local match cost share for the Mid Reach and South Beaches of $712,500.

 

Discussion ensued on amount already set aside, amortizing over five years, bonding, and using commercial paper.

 

Chair Voltz stated she does not want to use commercial paper for sand; with Budget Director Dennis Rogero agreeing. Mr. Rogero advised the Board has $400,000 in Contingency budgeted this year; it also has normal operating reserves, and they anticipate millions to be recognized at the mid-year or sooner based on what happened at the end of last year. County Manager Peggy Busacca advised there is $829,000 from the Tax Collector. Chair Voltz inquired about funding from the TDC. Mr. Rogero responded that would require some restructuring; and recommended exploring other options first. Chair Voltz stated she does not want to borrow. Commissioner Pritchard inquired if there is a source for the $352,500; with Ms. Busacca responding the Board previously talked about allocating the $829,000 from the Tax Collector for transportation, drainage, overruns on the jail, and additions to the courthouse, so if money is taken from the $829,000 other funds will have to be found for those issues. Commissioner Pritchard stated the County just picked up $1.2 million in the additional LOGT bond; and suggested taking the money from the $829,000.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve the $829,000 from the Tax Collector as the funding source to meet the local match requirement for the potential FY 05-06 FEMA Emergency Berm and State Interim Dune Replacement. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve the following waivers for Dun Huntin Subdivision: (1) waiver of internal subdivision sidewalk requirement for both sides of the private roadway, (2) waiver of 25-foot perimeter buffer, (3) partial waiver of the retention area side slopes so existing condition can remain, (4) waiver of standard curbing requirement at the entrance, and (5) waiver of swale construction requirement along the north and south property lines. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to grant permission to reinsert existing Future Land Use Directives into the Future Land Use Element as part of the 2005B Plan Amendment package. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve a Settlement Agreement with Frederick and Sondra Moore to acquire parcels 103 and 105; and authorize staff to deposit funds into the Court Registry. Motion carried and ordered unanimously.

 

 

 

Commissioner Pritchard stated he has a problem that no paperwork has been submitted; and he wonders how many after-the-fact requests will be coming forward.

 

Permitting and Enforcement Director Ed Lyon stated nothing was submitted by the date; but if it had been submitted, it would have qualified.

 

Steven Welfer advised he is building a home in Sawgrass Key; the builder was supposed to submit the paperwork; and he did not know it was not submitted. He noted his neighbor who signed the same day he did came before the Board and the Board approved the exemption.

 

Commissioner Scarborough inquired if the neighbor was approved; with Mr. Lyon responding he does not know. Mr. Welfer advised his neighbor is Gary Powell.

 

Discussion ensued on the issue.

 

Commissioner Scarborough requested the item be deferred until Mr. Lyon can check on the previous exemption for the neighbor.

 

 

 

Discussion ensued on putting citizen requests in the proper place on the Agenda.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Anthony Hamilton for construction of a road in existing County
right-of-way known as Hamilton Road under the Unpaved Road Code of Ordinances, Section 62-102. Motion carried and ordered unanimously.

 

 

 

Permitting and Enforcement Director Ed Lyon advised the applicant is requesting approval of the preliminary plat and final engineering with conditions for Centerlane Crossing.

 

Commissioner Colon inquired if all paperwork has been submitted and is everything taken care of to insure there is no flooding; with Mr. Lyon responding several drainage models have been submitted and reviewed by staff; the only outstanding comment by Stormwater Utilities was to raise the berm around the pond; and the applicant does not have a problem with that. Mr. Lyon advised the applicant has to submit one more set of engineering plans prior to issuance of a construction permit.

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to grant conditional final engineering and preliminary plat approvals for Centerlane Crossing Subdivision with the condition that all staff comments be addressed prior to issuing a construction permit for both the Centerlane Road and subdivision improvements. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Sharon Underill, Pastor Wuanda Medina, David Dingley, Todd Morley, Paul Halpern, and Janie Holman as applicants for the Governor to make two appointments to the Children’s Services Council of Brevard County. Motion carried and ordered unanimously.

 

 

 

Bette Danse advised of America Recycles Day; and commented on the recycling recommendations.

 

Discussion ensued on cost/benefit of the recycling program, recycling aluminum, need for additional information concerning cost of cubic yard of air space, energy and transportation costs, no monetary savings in short-term, saving landfill space, and saving natural resources.

 

Commissioner Pritchard stated he would like to see some hard numbers to make sure recycling is not only profitable, but also responsible and reasonable; and commented on the Orange County recycling program. Recycling Coordinator Pam Shoemaker inquired if the Board also desires the environmental benefits as well as dollars and sense. Commissioner Pritchard inquired how would environmental benefits be quantified; with Ms. Shoemaker responding based on national standards on how much greenhouse gas is saved. Commissioner Pritchard advised he would like to know the environmental impact. Ms. Shoemaker reminded the Board that the State mandates all counties must have a recycling program in place. Commissioner Pritchard stated the County can comply but he does not want to spend $2 million for $200,000 in return. Solid Waste Management Director Euri Rodriguez inquired if Commissioner Pritchard wants to know only about plastic; with Commissioner Pritchard responding he wants to know about everything that is recycled and what is derived from it.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to table consideration of recommendations of the Recycling Citizens Advisory Committee to December 6, 2005; and direct staff to bring back figures on recycling. Motion carried and ordered unanimously.

 

 

 

Assistant County Manager Ed Washburn advised in April 2005 the Board granted an exemption to Mr. Powell who had the same circumstances as Mr. Welfer.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve request of Steven Welfer for exemption from educational facilities impact fees for a home being constructed at 1413 Vestavia Circle, Melbourne, Florida. Motion carried and ordered unanimously.

 

 

 

Economic and Financial Programs Director Greg Lugar advised of the request by the Merritt Island Redevelopment Agency for amendment to the Redevelopment Plan to allow it to look at the feasibility of acquiring a marina; and the request today is just to advertise a public hearing.

 

Clerk of Courts Scott Ellis advised of opposition to the marina; and commented on losing money on golf courses and lack of plan to close redevelopment districts. He inquired if MIRA would have to come back to the Board if it was paying cash; with Scott Knox, County Attorney responding MIRA cannot acquire anything without Board approval. Mr. Ellis inquired if this would be a publicly titled marina to MIRA or the County; with Mr. Knox responding it would depend on what the Board decided, but the Board has to approve the expenditure of funds for the land. Mr. Ellis inquired who would end up paying the losses; and why would someone sell a business to the County if they could sell it for more to private interests. Mr. Ellis commented on previous instances when the Board lost money, sales of marinas, public marinas, and bad time to buy real estate.

 

Commissioner Pritchard stated the Board had prior discussion on mooring facilities and dockage; whether the property could be sold for more depends on whether there is someone willing to buy it and what they would do with it; and if the private company that bought Whitley Bay Marina were to buy this marina, conceivably it would pay more, but it would also sell slips for $100,000 or $200,000, taking the public out of it. He stated the upland is not an issue; it is the water the Board is discussing; and they are looking at a variety of grants and other funding devices to pay the County’s portion. He commented on various funding sources, other public marinas, demand for slips, County’s investment, damage to Titusville docks, golf courses, and County or MIRA facility. He stated all they are asking for is a public hearing to consider an amendment to the MIRA plan; and whether the Board chooses to have MIRA sunset in five to seven years is a decision that the Board can make at any time. He stated all of the dollars that have been going to fund MIRA less debt service for existing MIRA projects would then come to the County’s General Fund; and he supports the action.

 

Commissioner Scarborough commented on the golf courses; and inquired what type of data should have been obtained that was not obtained and what type of methodology should have been used in terms of the golf courses. Mr. Ellis advised the golf courses were easier to do a net operating income projection; but even on the marina, it is possible to determine what the slips will rent for.

 

Discussion ensued on financial analysis on golf courses, leases for golf carts, depreciation, Titusville Marina, losing money on marina, real estate bubble, sale of marinas, building condos on marina properties, lack of public dockage, Titusville debt, and moving forward to get information.

 

Commissioner Scarborough stated he is uncomfortable with the lack of control over the process of data generation; and he would prefer to see it structured differently than empowering MIRA to come up with the data. Chair Voltz advised she agrees; she would like to see good data from an unbiased party; and she does not want the County to lose money, but does want to keep public marinas out of the private sector. Commissioner Carlson stated the State is doing something in terms of looking at working waterfronts and public marina issues; she is not interested in getting into the business of public marinas; and she would like to get rid of the golf courses, putting them back into the private sector. She stated if there is a way to get around having the private sector deal with marinas and requiring public access to the marinas, that is the best way to go. Commissioner Colon inquired if it is possible to have MIRA board members be present for the discussion. She stated there is no rush; and recommended having the issue come back. Mr. Lugar advised the MIRA board members would say the same things he is saying; he does not take exception to what Mr. Ellis has said; but he does not know enough about marinas to give a recommendation. He advised of the need to collect the information; and requested permission to move forward. He stated they may need to seek a consultant who is an expert in the field to report back to the Board and provide a process to look at this. County Manager Peggy Busacca stated if the Board desires, it can have RFP’s come back rather than going back to MIRA for a final decision on the consultant; and it can be structured so the Board has more control over the review of the process. Chair Voltz stated the requested action is just to move forward to public hearing, and not make any decisions at this point.

 

Motion by Commissioner Pritchard, to authorize a public hearing to consider an amendment to the Merritt Island Redevelopment Agency Redevelopment Plan to permit the Agency to explore the opportunity of acquiring and operating a public marina in the MIRA area.

 

 

Commissioner Scarborough stated he will not support it because it is telling MIRA to take the lead; and before MIRA takes the lead, the Board has to define the methodology of how the information comes in.

 

Discussion continued on moving forward, initial observation, consultant, sale of marinas, selling slips, potential to make revenue, and referring item to MIRA.

 

Commissioner Pritchard suggested adding to the motion, "and bringing results of their inquiry back to the Board." Commissioner Scarborough stated he does not want results; he wants to be at the ground level of determining the methodology used; and this is ill advised. Mr. Lugar stated he can bring the item back on December 13, 2005; he will lay out a process where the consultant is contracted to the Board; and MIRA will take the lead in working administratively with the consultant.

 

Motion amended by Commissioner Pritchard, to follow the recommendation of Mr. Lugar. Motion died for lack of a second.

 

 

Mr. Lugar requested the Board approve advertising the public hearing so the Board can consider the change to the MIRA plan. Commissioner Scarborough stated the plan that Mr. Lugar is suggesting explicitly says that the Board is relinquishing the process to do the financial analysis.

 

Motion by Commissioner Scarborough, to table consideration of advertisement of public hearing for amendment to Merritt Island Redevelopment Agency Redevelopment Plan. Motion died for lack of a second.

 

 

Motion by Commissioner Pritchard, to authorize advertising a public hearing to consider an amendment to the Merritt Island Redevelopment Agency Redevelopment Plan; and bring the item back to the Board on December 13, 2005, as recommended by Mr. Lugar. Motion died for lack of a second.

 

 

Commissioner Pritchard inquired what is wrong with having MIRA take the lead and bring back something on December 13, 2005.

 

Discussion resumed on not giving MIRA the lead, bringing back more information, Board setting out parameters, not taking action at this time, and bringing item back.

 

Commissioner Pritchard stated the Board is going to put together an RFP or the basis for how to determine how to evaluate whether the marina should be purchased as a public marina; Mr. Lugar and others will develop that criteria; and that will be brought back on December 13, 2005. Chair Voltz stated that is not going to happen; Mr. Lugar heard the concerns; and there is not much more to discuss. Commissioner Pritchard inquired what does the Board expect back. Chair Voltz stated the concerns are that MIRA will be doing all the numbers and will be getting all the information together.

 

Discussion ensued on concerns, what will be brought back to the Board, and role of the Board in the decision process.

 

Commissioner Pritchard inquired when will the item come back; with Mr. Lugar responding December 13, 2005.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to execute Agreement with the Department of Community Affairs for disaster relief funding for Hurricane Wilma; and
appoint the County Manager or her designee as primary designated agent and as alternate designated agent to execute request for reimbursement, necessary certifications, and supporting documentation. Motion carried and ordered unanimously.

 

 

 

Commissioner Pritchard inquired if Mr. Seemer followed the Sterling process in evaluating the five County Departments. Bob Seemer, Executive Director of Electronic Training Solutions, Inc., responded he used the Sterling criteria as his assessment tool; and he went into further detail, which is what the County requested. Commissioner Pritchard inquired what does it do toward evaluating the other departments in the County. Mr. Seemer explained the proposal he submitted.

 

Discussion ensued on total cost for Countywide evaluation, return on investment, Sterling process, qualifying for Sterling Award, working to show cost-benefit, costs associated with applying for Sterling Award, pro bono services from Mr. Seemers for application process, length of time for process, linking to the budget and Comprehensive Plan, and measures of success.

 

Commissioner Scarborough stated he talked to staff; there is a feeling that the process can end up with something other than what the Board ultimately wants; and provided an analogy involving a restaurant. He commented on internal sensitivities. Commissioner Carlson stated Commissioner Scarborough is talking about quality versus quantity.

 

Discussion resumed on goals, how Commission offices handle complaints, not stifling creativity, customer satisfaction, time limits on phone calls, working beyond job description, systematic versus ad hoc approaches, having outside consultant evaluate how County is operating, keeping customer-friendly perspective, and commitment of the Board.

 

Commissioner Pritchard commented on implementing the result; and stated if the Board is going to do it, it needs to buy into it. Commissioner Scarborough stated he is not buying into it; and he will be voting against the motion. He stated if the Board wants to deal with strategic planning separately, he can vote in favor. Commissioner Colon stated it is important to go into this as a team; she is concerned about the process; and she thinks the Board can accomplish both if it splits it that way.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve $65,000 for strategic planning. Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the organizational assessment plan. Motion carried and ordered; Commissioners Scarborough and Voltz voted nay.

 

 

Ms. Busacca stated in the budget there is $225,000; and it will have to identify $65,000. She advised there was $829,000; now there is approximately $500,000; and there is $400,000 in Contingency. Commissioner Pritchard stated Ms. Busacca can pick; with Ms. Busacca advising she would prefer the Board make a motion. Commissioner Pritchard recommended the funds be taken from the $829,000. Commissioner Scarborough stated he will be voting against that item because the Board can spend $65,000 and answer what the County needs, and the additional expenditure is excessive and detrimental to the quality of the County. Commissioner Pritchard inquired where is the $65,000 coming from. Commissioner Voltz stated she supports the $65,000, but not the $200,000. Commissioner Colon requested the Board reconsider the issue. Commissioner Pritchard stated the Board needs to look at return on investment, potential for change, and being proactive and more responsible in what it does. Commissioner Colon stated the Board has gotten feedback from staff; and the Board needs to hold off on the organizational assessment, and have discussions with Ms. Busacca because the feedback is not as good as the Board had hoped. She stated she would prefer to go into this with all Commissioners feeling comfortable with spending the money, but she is hearing two Commissioners who are not quite there. She stated there is no rush; recommended the Board do this right; and advised if it comes back in December or January, it will give an opportunity for the two Commissioners to be more comfortable and buy into the process.

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to reconsider the approval of $200,000 for the organizational assessment plan. Motion carried and ordered; Commissioners Pritchard and Carlson voted nay.

 

 

Commissioner Pritchard indicated he is not comfortable.

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to table consideration of the 2005-06 organizational assessment plan to January 13, 2006 to give the Commissioners time to speak to County staff to make sure staff is comfortable.

 

 

Chair Voltz stated she has talked to staff who said once the strategic plan is done, they are comfortable that staff can move forward.

 

Commissioner Pritchard stated the Board had a strategic plan for years; he does not think it has been a good one, and he assumes the new one will be better; but the tail is wagging the dog. He stated the Board should have moved forward; there was no reason to make this into a politicized issue; and the process is what the Board needs to do. He stated the people involved in the process should not be telling the Board whether they want it or not; the Board should say whether it wants it; and it will move forward to bring in someone with the knowledge, skills, and ability to conduct the process.

 

Commissioner Carlson stated her concern is the Board set aside $225,000 previously to go forward with the rest of the process management; the fears come from the fact that if they find too many efficiencies, they might reduce employment; but she does not see that because there is such a backlog of unfunded projects that the Board will be applying anything gained on the efficiency side to areas that it has not been unable to deal with. She stated she sees this as an

opportunity to improve quality in the County, not reduce it. Commissioner Carlson stated she has no problem going with the strategic plan first; but she agrees with Mr. Seemers that the County should do it all because the process will drive the strategy, when it defines what the strategy is. She expressed concern that the Board already set aside money and established the thinking that was the right thing to do, but now it is backing off because of fears that may or may not be founded.

 

Chair Voltz stated the Board identified $220,000, but not $65,000; and expressed concern about additional funding and the possibility of having to raise taxes.

 

Commissioner Colon commented on the Board going into this unanimously, staff having to be part of the process, finding out where to take the County to the next level, opportunities for improvement, and concerns of other Commissioners. She stated it will not hurt to wait another month and a half, get more feedback from staff, and meet with Mr. Seemers again so everyone will be comfortable. She requested Mr. Seemers meet with each of the Commissioners individually.

 

Commissioner Pritchard inquired what happens if in six weeks two Commissioners are still uncomfortable; with Chair Voltz responding the Board will deal with that in six weeks.

 

Discussion ensued on staff buy-in, majority vote, and possible reduction in amount requested.

 

Chair Voltz called for a vote on the motion to table the item until January 13, 2006. Motion carried and ordered unanimously.

 

 

 

Brian Bobb advised of rescuing surfers during Hurricane Tammy resulting in his having a heart attack; recommended having a network of local surfers for shoreline rescues; and expressed support for having a lifeguard tower near Cocoa Pier.

 

Commissioner Colon thanked Mr. Bobb for sharing his story; and inquired about jurisdiction. Fire Rescue Director Bill Farmer advised the pier is within Cocoa Beach; and most beaches are public. Commissioner Colon expressed support for having lifeguards; but recommended it be done cleanly.

 

Giles Malone, representing the Cocoa Pier, commented on the fair.

 

Commissioner Colon expressed appreciation to Mr. Malone for making the fair affordable for families.

 

Mr. Malone commented on growth on the beaches; and provided a PowerPoint presentation on the beaches, lifeguard stations, parks, and lack of lifeguards near the Pier. He commented on dangers from rip currents, number of visitors to the beaches, and number of rescues this year.
Mr. Malone proposed to help pay for lifeguard protection; stated a new lifeguard tower with two lifeguards and a roving supervisor would be added to the public beaches near the Pier from March through October; and the tower and equipment would be $13,000, which the Pier is willing to pay. He stated the lifeguards are approximately $8.56 an hour, equaling approximately $33,500 a year; and proposed the County pay for half the cost and the remaining 50% be paid by the Pier and/or the City of Cocoa Beach. He commented on the need for lifeguards on the public beach.

 

Chair Voltz stated of all the beaches in the County, this is probably the busiest; and she does not know why the County has not put a lifeguard there. Chief Farmer stated they have focused on County parks where there is a responsibility to at least advise whether there are sufficient facilities to warrant lifeguards; this a public beach where a private entity is drawing in a lot of the group; and he does not disagree with anything Mr. Malone said, but it is a new venture for the County. He stated they have not done a study like this anywhere else on the beach; and he cannot tell the Board whether there is another resort complex that draws so many people to what is otherwise a public beach and say lifeguards are needed there. He stated they have not done any kind of review; they are lucky that there is a clear operational need; but if another resort says it needs lifeguards, he wants to be sure there is some staff report to the Board to demonstrate the operational need. He stated this is a good partnership for Cocoa Beach and the Pier; but he does not know if it is a partnership with the Board. He stated if the Board enters into the usual and customary contract with Cocoa Beach, it would be paying approximately $16,735 in accordance with the Board policy; in this situation the City is splitting its 50% with the Pier, but the Board will still be paying its 50% out of the General Fund; and the Board may prefer to divide it by thirds. Chair Voltz stated government exists for public safety and transportation; and those are on top of all issues.

 

Commissioner Colon stated this should get the support of the Board; and this is similar to what the Board is doing with Indialantic. She stated she wants to be sure the legal side is taken care of so they are not opening a Pandora’s box. She suggested the partnership be with the City of Cocoa Beach.

 

Chair Voltz stated the Board needs to deal with the City so every hotel on the beach does not come to it to request a private lifeguard and expect the County to pay half. County Attorney Scott Knox stated that is fine.

 

Commissioner Pritchard indicated his agreement. Commissioner Carlson noted there are hotels on the beach that are in the County; and it may be possible to set up contractual services. Chief Farmer advised that would be fine.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve provision of lifeguard services on the beach near the Cocoa Beach Pier at an annual cost of $33,471.99 with 50% of the cost to be paid by the County and 50% to be paid by the City of Cocoa Beach, and the City to pay a one-time start-up cost of $13,077.50. Motion carried and ordered unanimously.

 

 

 

Ed Lyon, Permitting and Enforcement Director, stated Mr. Hernandez is requesting the violation be withdrawn; staff does not feel that is appropriate; and the agricultural exemption Mr. Hernandez references does not cover fences.

 

Commissioner Pritchard requested an explanation. Mr. Lyon advised the structure is a dog kennel; Mr. Hernandez came before the Board some time ago to request it address how it approves agricultural exemptions; and in order to get such exemption, one has to have a bona fide operation approved by the Property Appraiser. He stated prior to that date, the neighbor applied for the exemption and it was granted.

 

Commissioner Pritchard inquired about the fence; with Mr. Lyon responding the Code requires the good side to be facing out and that it be no more than six feet tall. Mr. Hernandez advised the County granted the individual an agricultural exemption from the permit and inspection process. Mr. Lyon advised prior to change of the policy, Mr. Hernandez was granted an agricultural exemption. Mr. Hernandez explained what was built on his neighbor’s property without permit or inspection; and stated he was told he needed a permit to build his fence, it was inspected, and it did not meet inspection. Mr. Lyon stated the form Mr. Hernandez filled out when he applied for agricultural exemption included an orchid house/pole barn and a fence; technically an exemption can only be issued for a building; so the pole barn was exempted, but the fence could not be exempted. He stated the Board could allow Mr. Hernandez to not have to get an after-the-fact permit as long as he makes the fence compliant with the Code; and suggested Mr. Hernandez turn the fence around and make it less than six feet.

 

Discussion ensued on the fence height, applying the law evenly, compliance with the law, and buffering visual blight.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Al Hernandez’ request to withdraw notice of violation #05009454 and acknowledge the permit exemption applied to the fence. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize advertising and scheduling of an executive session for December 6, 2005 at 11:30 a.m. or as soon thereafter as possible to discuss strategy related to litigation regarding Marcum v. Brevard County. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Colon, to approve Section II.C. of the Brevard County Weatherization Assistance Program Policy as is.

 

 

Commissioner Pritchard stated he does not think the Board should be spending public money to provide a private benefit to people convicted of egregious crimes; and if this means the County is not going to receive federal dollars, he does not care because there is a moral obligation to the community. Commissioner Pritchard seconded the motion.

 

 

Housing and Human Services Director Gay Williams stated this is being brought forward by the County Attorney’s office; and advised of the provisions of the Weatherization Assistance Program, including exclusion of those convicted of felonies who have not had their civil rights restored. She explained the options.

 

Discussion ensued on every county following the same regulations, inability to get the dollars, premise to include ineligibility clause, reason for no previous challenge, State requirements, inability to expand or limit requirements, State more restrictive and HUD more lenient, future ineligibility to receive Weatherization Program dollars, and bringing issue to attention of Delegation.

 

Commissioner Pritchard stated it is a decision the Board needs to make; if the decision it is not going to provide public money to people who have been convicted of terrible crimes, then it is something the Board should do; and this money is a privilege not an entitlement. He stated if that means the Board will not be entitled to $75,000 based on this criteria, that is the way it is; and if there are others requiring weatherization, then the Board can find the money to pay for it.

 

County Attorney Scott Knox inquired if there is a guarantee that the County will be denied the funds, or is it a threat. Ms. Williams responded there is no guarantee the County will be denied the funds. Mr. Knox advised the Board can continue with the policy and see what happens; it could challenge the DCA interpretation of the federal rules; or it could file for declaratory judgment.

 

Chair Voltz stated the applicant is number 48 on a list of 50 applicants; and suggested not doing anything. Commissioner Pritchard agreed to leave it as it is. Commissioner Scarborough stated if they did cut off the funds, then others will be hurt; but if the Board challenges, it will be better off.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve leaving Section II.C of the Brevard County Weatherization Assistance Program Policy as is and challenging the DCA interpretation.

 

 

Chair Voltz advised of previous experience with the Weatherization Program.

 

Mr. Knox inquired if the Board wants to challenge through the declaratory statement, which is the administrative procedure through DCA; with Chair Voltz responding whatever is easier.

 

Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously.

 

 

 

Chair Voltz inquired about a Resolution that was adopted, and the Board was subsequently held hostage. County Manager Peggy Busacca advised it pertained to Resurrection Ranch. Chair Voltz expressed concern about adopting a resolution. Commissioner Carlson stated the Board supported this in the Transportation Workshop; and outlined the details involved. Chair Voltz expressed concern about something coming back to bite the Board. Commissioner Carlson stated the residents just want commitment of the County to support change in the State rules. Ms. Busacca stated it says, "request that a noise barrier be constructed"; and the Board could add the words, "by Florida Department of Transportation."

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution supporting construction of a noise wall at the eastern terminus of the Pineda Causeway, as revised to specify the wall will be constructed by Florida Department of Transportation. Motion carried and ordered unanimously.

 

 

 

Solid Waste Management Director Euri Rodriguez advised he checked with Planning and zoning concerning whether a power plant is an allowable use at the landfill; and it is under accessory use, so it does not need any conditional use permits or changes in zoning to put this type of plant at the landfill. He stated he misspoke earlier in referring to piggybacking on an RFP; he meant to piggyback on a contract when it is signed; and the contract with Seminole County has not been signed although a person or entity has been selected. He stated they have not signed the contract yet; that will take some time; and Mr. Watts requested the Board grant him 30 days to put his team together for the new venture. He stated since the majority of the options will not be resolved in the next couple of days, he would suggest pursuing all options and coming back in 30 days to report to the Board.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table consideration of termination of contract with ERA/Penn Landfill Gas Company LLP and authorization for RFP for landfill gas utilization facility at the Central Disposal Facility to January 10, 2006 Board of County Commissioners meeting, and direct the Solid Waste Management Director to return to the Board with all options.

 

Robert Watts stated a comment was made earlier relative to the qualifications for an electric project versus the qualifications for a gas project; and advised of his background with a large engineering firm as Director of the Energy Division. He advised of a joint partnership with Cambrian Energy and the background of that company; and stated he wants to make a presentation to Mr. Rodriguez so he can come back and make a recommendation to the Board.

 

The Board reached consensus to approve the motion.

 

 

 

Chair Voltz advised of condominiums on the beachside with multiple for sale signs out front; stated it looks junky; and she wonders if there is some way to address that. County Manager Peggy Busacca advised it may take an ordinance change; and she will do a little research.

 

 

 

Chair Voltz stated she would like to move the Consent Agenda before Reports; and if there is anything to be pulled of, it can be done at the end of Reports. She stated the public did not have an opportunity to talk this morning until 11:00 a.m. today; and she would like to leave long discussions at the end of the meeting.

 

Commissioner Colon stated there is nothing wrong with that if the Board is just going to pass the Consent Agenda, then the Board can move to Reports, and then come back and finish what needs to be done.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to change the format of the Agenda to move the Consent Agenda before Reports.

 

 

Commissioner Pritchard stated they will have Consent Agenda, Reports, Resolutions and Presentations, and then discussion on Consent Agenda items pulled by the public. Commissioner Carlson stated it will be necessary to change the Policy.

 

Discussion ensued on reordering the Agenda.

 

Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously.

 

 

 

Commissioner Carlson advised of the David Smith lawsuit, which Mr. Smith won; stated he has put his 720-acre tract of land for sale; and she would like the County to see what the status of the property is. She stated part of the diking system that was considered illegal at the time of the suit has been breached; some of the water has been flowing into the F. Burton Smith Park area; Stormwater Utilities has been looking at some of the issues; and there is impact to the property the Board purchased back then as part of the deal for the whole thing. She stated the area that has been draining from that agricultural area has been impacting the St. Johns River; there are dead zones because of the agricultural runoff; and she does not know all the detail but Leroy Wright has been trying to keep her in the loop. She stated she is looking at the property as something the County might want to purchase or at least look at what the viability of it is or if it is even up for sale. She stated she wants a broader understanding of the circumstances.

 

Commissioner Pritchard advised he can support it as an EEL’s purchase, but not a County purchase.

 

Discussion ensued on whether the property is for sale, position of the St. Johns River Water Management District, and protecting the river.

 

Commissioner Carlson requested a report from Ron Jones on the status of the property.

 

Commissioner Pritchard stated he does not have a problem with that as long as it becomes an EEL’s or St. Johns River Water Management District acquisition because any money the County has needs to be spent on transportation.

 

Chair Voltz commented on the lawsuit and acquisition of the property. Commissioner Carlson stated it was just brought to her attention that the property was for sale; and she does not know the owner’s intent. Chair Voltz stated he can sell it if he wants; and she does not understand what the report is all about. Commissioner Carlson stated she just wants information on the status of the property. Chair Voltz suggested Commissioner Carlson call the owner on the phone. Commissioner Carlson stated she can do that; she already asked Mr. Jones to look into it; and she just wanted to bring it to the Board’s attention. Chair Voltz stated if Mr. Smith wants to sell the property, he can come to the County.

 

 

 

Commissioner Carlson commented on an Executive Order from the Governor indicating that Florida ranks fifth nationally in the amount of energy consumed per capita and third in total energy consumption, and that Florida’s need for electrical generation is expected to grow by approximately 58% between 2002 and 2020; stated there have been studies with MyRegion.org; and advised of conservation efforts by the State. She inquired about the County’s efforts to work four ten-hour days; with County Manager Peggy Busacca advising in selected instances they have gone back to five eight-hour days, but in other cases, it is working wonderfully. Commissioner Carlson suggested using the Governor’s Order as a guide; and commented on hybrid vehicles.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 4:38 p.m.

 

 

 

_____________________________________

BOARD OF COUNTY COMMISSIONERS

ATTEST: BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

(S E A L)