MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

January 24, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on January 24, 2006, at 9:04 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Pastor Johnnie Gilbert, Northwest Baptist Church, Cocoa, Florida.

 

 

The children from the Child Care Association led the assembly in the Pledge of Allegiance.

 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Minutes of December 5, 2005 Special/ Workshop Meeting, and December 5, 2005 Joint Meeting with the Brevard County Housing Authority.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Buck Run Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all required jurisdictional permits.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Sheriff Plaza Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all required jurisdictional permits.  Motion carried and ordered unanimously.

 

 

 

 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with Country Oaks, LLC guaranteeing improvements in Country Oaks Subdivision.  Motion carried and ordered unanimously.  (See page                         for Contract.)

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant a fourth six-month site plan extension for Site Plan SP#01-02-002, West Point Plaza, to allow the applicant to continue mitigation with St. Johns River Water Management District and the Army Corps of Engineers.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with Matt Werle for improvements to Louisiana Street for a distance of 40 feet.  Motion carried and ordered unanimously.  (See page                            for Contract.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to re-adopt Ordinance No. 05-42, setting forth Small Scale Plan Amendment 05S.10; and Ordinance No. 05-44, establishing resort dwelling as conditional use permit, adopted by the Board on September 1, 2005, as the Ordinances were not received by the State until September 12, 2005, and Florida Statute 125.66(2)(b) requires ordinances be filed within ten days of adoption.  Motion carried and ordered unanimously.  (See pages                                    for Ordinances Nos. 06-05 and 06-06.)

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with John Armstrong/PPL/CRG-Melbourne, LLC, providing conditions for development of property located at the southeast corner of U.S. 192 and Commodore Boulevard.  Motion carried and ordered unanimously.  (See page                  for Agreement.)

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Michael S. and Mary L. Williams, providing conditions for development of property on the west side of U.S. 1, south of Valkaria Road.  Motion carried and ordered unanimously.  (See page                      for Agreement.)

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for February 7, 2006 to consider an ordinance creating Morningside Drive Road Paving Municipal Service Benefit Unit (MSBU).  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve expending additional funding for structural repairs to Max Brewer Memorial Causeway Bridge from the Constitutional Gas Tax Bonds.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Supplemental Amendment No. 3 to Agreement, Locally Funded Agreement for Construction, and Memorandum of Agreement with Florida Department of Transportation for funding of Palm Bay Road Widening Project.  Motion carried and ordered unanimously.  (See pages

for Amendment No. 3 and Agreements.)

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the recommendation of the Negotiating Committee to select Post, Buckley, Schuh & Jernigan, Inc. to providing engineering services for the Utility Services Department; and execute Amendment No. 1 to the Master Utility Engineering Agreement with the firm to provide such services.  Motion carried and ordered unanimously.  (See page                        for Amendment No. 1.)

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve reclassification of a part-time permanent recreation program specialist position to full-time permanent position.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing for April 11, 2006 to consider the Space Coast Area Transit (SCAT) fixed route and paratransit fare structure.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution commending Nancy Bennett, SCAT’s Vehicle Operator III, upon her retirement for her 31 years of dedication and hard work to SCAT, its customers, and the citizens of Brevard County.  Motion carried and ordered unanimously.  (See page                           for Resolution No. 06-018.)

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve a Purchase Order with Renaissance Planning Group in the amount of $77,340 to write the 2006 version of SCAT’s Transit Development Plan.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment to Extend Existing Contract with Space Coast Advertising, Inc. to provide marketing and advertising services for Space Coast Area Transit (SCAT) for an additional three months, retroactive to January 1, 2006 until June 30, 2006 in order to complete the new request for proposal process.  Motion carried and ordered unanimously.  (See page                          for Amendment.)

 

 

 

 

 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise and solicit bids for procurement of logging recorder equipment for Public Safety Answering Points by leasing said equipment; authorize the County Manager or her designee to determine bid responsiveness, recommend award to the Board, and negotiate the terms of the lease subsequent to award; authorize the County Manager to sign the lease upon completion of negotiation; and authorize any budget changes necessary to effect same.  Motion carried and ordered unanimously.  (See page                          for Lease Agreement.)

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the 2006 TDC Marketing Assistance/Cooperative Advertising Program Handbook, which includes the applicant eligibility requirements, eligible use of funds, evaluation criteria, and evaluation procedures.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the FY 2006 Community Cultural Grants Panel’s recommendations to fund Brevard Museum of Art and Science at $19,244; Native Heritage Gathering at $961; VSA Arts of Florida-Brevard at $27,492; Honor America at $3,207; Cocoa Village Playhouse at $27,492; Melbourne Chamber Music Society at $1,100; Surfside Players at $16,495; Melbourne Art Festival at $24,743; Henegar Center for the Arts at $19,244; WFIT 89.5 FM at $24,743; Brevard Symphony Youth Orchestra at $24,743; Melbourne Municipal Band at $16,495; Brevard Library Foundation at $824; Space Coast Art Festival at $24,743; Brevard Symphony Orchestra at $21,994; Brevard Museum of History and Science at $21,994; Space Coast Pops at $24,743; and Titusville Playhouse at $24,743.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the Sheriff’s Office to apply for and accept a grant for $80,000 from the U.S. Department of Justice for the FY 2006 Gang Resistance Education and Training Program.  Motion carried and ordered unanimously.

 

 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution authorizing issuance and sale of up to $6,000,000 of Variable Rate Demand Industrial Development Revenue Bonds in one or more taxable or tax-exempt subseries, the proceeds of which will be loan to Designer’s Choice Cabinetry, Inc. to finance and refinance the acquisition and construction of a manufacturing facility in Rockledge.  Motion carried and ordered unanimously.  (See page                           for Resolution No. 06-019.)

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint/reappoint Charles Nash to Valkaria Airport Advisory Board with term expiring December 31, 2006; Barbara Borman to the Medical Services Review Committee with term expiring December 31, 2006; Ken Carlson to the North Brevard Commission on Parks and Recreation with term expiring December 31, 2007; Dr. Marion Soileau to the Economic Development Commission of the Space Coast, with term expiring December 31, 2008; Denise Meneghelli to the Brevard Commission on Aging with term expiring December 31, 2006; Barbara Bradley-Benn to the Community Action Agency replacing Kathleen Karmazin-Calin with term expiring December 31, 2006; John A. Colaiacovo to the EELS Program Recreation and Education Advisory Committee replacing Chuck Frazier with term expiring December 31, 2006; and Ayn Samuelson to the Zoning Board of Adjustment replacing Ed Dean with term expiring December 31, 2006.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the bills and Budget Change Requests as submitted.  Motion carried and ordered unanimously.  (See pages                                    for List of Bills and Budget Change Requests.)

 

 

 

Commissioner Scarborough stated he had a conversation with the Clerk and County Attorney; his intention was that the motion be inclusive and not just have a web policy; however, in reading the minutes, it refers to a portion of the Policy, and the motion did not precisely state the Board was doing anything but the web policy.   He stated it was his intention that it be all inclusive and to adopt the whole thing; so the Board probably needs to have Mr. Knox put it back on the agenda for re-discussion.  He stated there is confusion between the Clerk and the staff; but it was his intention in his motion to have it as it was implied to be all inclusive. 

 

Commissioner Pritchard stated he does not have a problem with it and it was his assumption when Commissioner Scarborough made the motion that it would be all inclusive so he seconded it.  Commissioner Scarborough inquired if that is satisfactory just to clarify the motion; with County Attorney Scott Knox responding that is fine.

 

Commissioner Scarborough stated they are having some problems that are twofold; the methodology the Board empowered them to do with wetland clearing, and secondly, the Board did grant them another position, but there are some personnel needs.  He requested Natural Resources Management Director Ernie Brown give a written report to the Commissioners unless the Commissioners have other thoughts.

 

 

Commissioner Pritchard stated Assistant Parks and Recreation Director Jack Masson is leaving and will be missed; he has been with the County a long time and has done a lot for the County; and the Board is still going to rely on him to help carry the ball.  He stated there are projects that need to be completed and others to move on their way besides miscellaneous things.  He read the resolution commending Mr. Masson on his retirement after 35 years as a public servant.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution commending Jack Masson for 35 years of exemplary service to Brevard County, and wishing him and his wife Joy a happy and fulfilling retirement.  Motion carried and ordered unanimously.  (See page                        for Resolution No. 06-020.)

 

 

Mr. Masson introduced his wife Joy and son Mark; advised of his career with the County; recognized his co-workers and friends; and stated he will always be a public servant.

 

Commissioner Colon stated it was a pleasure working with Mr. Masson; he has helped her office and citizens; he has always been a gentleman with a sense of humor; and he gives credit where due.  She expressed appreciation to Mr. Masson and extended God’s blessings to him and his family.

 

 

 

Commissioner Pritchard stated there are a lot of organizations that are continuously asking Commissioners to become part of them; there is a bit of a problem with the Clerk of Courts accepting what he considers to be appropriate memberships; so the intent of paying for certain memberships for Commissioners to attend a variety of functions needs to be addressed.  He stated he believes that any function a Commissioner attends qualifies as a job-related function; it is always Board duties and Brevard affairs; and he happens to believe that the Clerk’s belief is his and if that is how he chooses to operate, that is fine, but he disagrees.   He stated if a Commissioner attends a variety of functions, they have a broader outlook on current events and constituent needs; and the more they get out into the community and find out what is going on, the better they will be at making decisions based on fact and not emotion.  He encouraged Commissioners to have as many memberships they feel they are able to attend and that they should be reimbursed for those memberships, i.e. Civilian Military, Navy League, Tiger Bay, etc.  He stated if they attend the functions, they become better Commissioners; he wanted to bring it

REPORT, RE:  ORGANIZATION MEMBERSHIPS (CONTINUED)

 

to the Board’s attention to see how it feels, and to determine whether it needs to come back at some other type of hearing; and inquired if the County Manager had any thoughts about it.

 

County Manager Peggy Busacca advised the Board passed a policy, which was rather general; the Clerk did not feel it was specific enough; and he expressed to her his specific concerns about private clubs, and considers Tiger Bay a private club.  She stated the Board can simply make its wishes known and perhaps put it inside the policy so it will be formal; and staff could bring the policy back if that is what the Board wants to do.

 

Commissioner Scarborough stated there is a point where it would be inappropriate, for instance, if he wanted to belong to a country club to play golf; and suggested the County Attorney look not only at the legal issues but what other counties are doing.  He stated Commissioner Carlson belongs to MyRegion; her going over there and finding out what the region is doing and planning is within that purview; but if she was sent with a gift to a country club to have dinner, it would not be right for the taxpayers to pay for it.  He stated the Clerk is going to ask the Board some questions; so maybe it would be good to get some information first. 

 

Chair Voltz stated anything that involves the community leaders, because the Commissioners are community leaders, is important; they are not there because they want to socialize, but are there because they are community leaders; and that is the important issue.

 

Commissioner Colon stated that is a good example; and suggested anyone who wants to join an organization bring it before the Board; and if it is okay with the Board to go under that kind of scrutiny, that might be something that might be good.  She stated Civilian Military is extremely expensive to join, but the Board is supposed to be part of those meetings; however, for it to come out of their pockets to represent the County is not right; so the County should pay for that kind of membership.  She stated there are some organizations that are just clubs that meet and socialize; that is where there is a gray area; the policy could include that if a Commissioner wants to join an organization, he or she put it on the agenda to see if he or she gets the support from the Board; and inquired if that is something the Board wants to do or just let the Clerk decide, which she does not think is appropriate, although she is glad he brought it to the Board’s attention.  She stated it should be put on the agenda for discussion if that is okay with Commissioner Pritchard.  

 

Commissioner Pritchard stated that is fine with him; and he would suggest that they have a list of the various organizations; and what some people might consider a private club is not a private club but an organization.  He stated Tiger Bay is a good example of that; it is made up of nonpolitical types, political types, and everybody; it is made up of people; and the problem is it costs to belong to those organizations.  He stated they get to listen to speakers and interact; there is a lot of bantering that goes on; and one of the things about Tiger Bay is it offers a discounted membership.  He stated it may be $125 or $250 a year for each person, but it will give the County six memberships for about $300.  Ms. Busacca stated she does not remember the exact fee, but the concept is it would be a group membership and significantly less expensive.  Commissioner Pritchard stated they might be able to do the same with other organizations; and there are a lot of viable organizations that operate in the County that he does

REPORT, RE:  ORGANIZATION MEMBERSHIPS (CONTINUED)

 

not consider private in view of what a country club would be or some other type of private organization like that.  Commissioner Pritchard stated when they go to those things, it is not all pleasure; there is a lot of work that is involved; he walks away with a lot of to-do lists; and it is always County-related issues.

 

Commissioner Colon stated that is where the difference of opinion will come in; she would not consider Tiger Bay an organization that is appropriate for them to join even though it would be wonderful and she would love to be a member; but it does not go in line with so many other very worthwhile organizations that are out there.  She stated the Civilian Military is important because the Base would have an economic impact on Brevard County if something should happen to it; and to know what the military families’ needs are is important.  She stated Commissioner Carlson is part of that organization; the entire Board should be part of something like that; and that is probably the gray area where the majority of the Board would feel comfortable or not.  She stated it is not a matter of being right or wrong; it is a different way of looking at things; and it is going to be tough to have that kind of discussion because she could not tell Commissioner Pritchard it is not important for him to go there if he thinks it is important.

 

Commissioner Carlson stated she does not have a problem looking at particular types of memberships, but the Board has to be cautious; organizations have fundraisers; those are not things the taxpayers should pay for and it should be personal; and if Commissioners are asked to contribute to an organization that are always having fundraisers at $100 a pop, and if they really believe in the organization, then it comes out of their own pocket.  She stated she has always paid the memberships and contributions herself, but she agrees it is getting real old and it is very expensive; it is expensive to be a public servant because they want to be in all the places where all the leadership is to make sure they are networking and understanding issues and things; and it is good to build relationships because that is how they get to a collaborative way on a lot of issues that concern the public.  She stated she does not have a problem bringing it back for discussion. 

 

Chair Voltz suggested looking at the mission statements of the organizations and what it is they are out there to do.

 

Commissioner Pritchard stated it could be placed on the agenda with a list of organizations contributed by Commissioners to the County Manager those they consider to be appropriate to be a part of, as well as the mission statements of each organization, what the dues are, and perhaps even expectations.  He stated as Commissioner Carlson mentioned, some organizations will have fundraisers during the year, but that is not appropriate use of taxpayer money; however, the admission to get in to be a member is another thought altogether.  He inquired when the County Manager could put it on the agenda.  Ms. Busacca stated the next meeting is February 7.  Commissioner Pritchard commented that would give the Commissioners time to prepare their information.

 

 

 

 

 

 

Commissioner Pritchard advised there is an interesting situation that deals with hurricanes, FEMA, and housing accommodations; Barbara Barker lives off Range Road in West Cocoa, the neighborhood that has been flooded and has a problem with getting contractors to provide estimates, and taking the estimates to get reimbursements from FEMA; there has been a lot of problems dealing with bureaucracy; and because of that Ms. Barker is in a limbo situation where now she is getting letters from Code Enforcement saying she has ten days to move out of the FEMA trailer because it is violating County Code.  He stated she has been told she needs to have an active building permit to remain in the trailer on the property; she has contractor estimates and is awaiting insurance payments so she can hire a contractor to get a permit; and during the 2004 hurricanes, the Board did abate enforcement of FEMA trailers.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to abate Code Enforcement against Barbara Barker and allow her to reside in her FEMA trailer on her property until she can get her home repaired.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon stated the Board needs to be sensitive to that for everybody.

 

 

 

Commissioner Pritchard stated former Commissioner Sue Schmitt is a member of the Florida Communities Trust Committee, which is a State Committee; it is going to open up its sixth Florida Forever application cycle on February 24, 2006; and approximately $66 million will be available in that funding cycle for grants to local governments and nonprofit environmental organizations to acquire land for conservation, open space, and other recreational purposes.  He stated the deadline for submitting applications to the Florida Communities Trust is May 10, 2006; staff needs to make sure it has applications for the Committee because last year it was a frantic last minute wheeling to get an application, and a couple of years before that the County had no applications, which is ridiculous.  He stated it has a former County Commissioner sitting on that panel and it is not taking advantage of her influence and ability to obtain money; they need to do that; and he has a couple of items that he will bring to the Board’s attention that will be in the millions of dollars range.  Chair Voltz stated she has a piece of property to consider for purchase.  Commissioner Pritchard stated the whole point is the money is there and shame on the County for not going after it.

 

Commissioner Carlson stated it seems like this whole discussion would have set them up for submittal on an ongoing basis because they said the same thing the last time; the debacle with the grant writer and stuff like that shed some light on what opportunities were out there; and they only had the one submitted in District 5.  She stated she assumes staff has gone through all that and has a list of things they are going to submit or have already submitted; and inquired if that is a wrong assumption.

 

County Manager Peggy Busacca advised the cycle does not open until February; the County is not a member of the grant tracking software and has staff that looks at it once a week to see

REPORT, RE:  FLORIDA COMMUNITIES TRUST GRANTS (CONTINUED)

 

what is available; so they have increased their awareness of grants.  She stated there is $100,000 set aside this year although not necessarily for the FCA grant; so staff will be prepared to put an application together.  She stated they are very conscious of it and constantly monitor the usage of the website to make sure staff goes out there and see what is available.  She noted there are things in place they did not have last year.

 

Commissioner Carlson inquired if staff has properties in mind; with Ms. Busacca responding she cannot tell the Board that at this time.

 

Chair Voltz stated there is the Deratany property at the entrance to Brevard County on U.S. 1; they need to pursue that property because they are going to be replacing the bridge coming into Brevard County; and it would be an excellent opportunity to beautify the whole area with a boat ramp or whatever; so staff needs to pursue that as soon as possible.  Ms. Busacca stated it seems last year they talked about property they had already acquired and they were reimbursing the County for them; so they will also look at that kind of property as well.  Chair Voltz stated they did not have time last year to do anything. 

 

Commissioner Scarborough inquired if the Commissioners could get the parameters and contact point with staff from Ms. Busacca; with Ms. Busacca responding absolutely.  Commissioner Pritchard stated the County made it by one point last year over another area; and he does not want to give it false pats on the back because it almost did not make it.  Chair Voltz stated that is because Sue Schmitt was up there promoting it.

 

 

 

Commissioner Carlson advised she has two appointments.

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to appoint Homer Long and Sally Busker to the Zoning Board of Adjustment with terms expiring December 31, 2006.  Motion carried and ordered unanimously.

 

 

 

Commissioner Carlson stated Natural Resources Management Director Ernie Brown did a survey on sunken vessels in the river, but there are still a lot of boats in the navigational channels; and she would like to get a report on the number of sunken vessels and how much it would cost to have them identified and some sort of marker put on them because they can be hazardous.  She requested a report back on that issue.

 

 

 

 

 

 

Commissioner Carlson stated at the December 1, 2005 zoning meeting, the Board had an applicant who wanted to build housing suitable for people in the workforce such as teachers, firefighters, and law enforcement officers who have been priced out of the housing market; and there is a big problem with workforce housing right now because of the lack of information about what the Cities of Rockledge and Cocoa have planned in the vicinity of Pluckebaum Road.  She stated there were going to be townhomes; the problem was a compatibility issue; there was nothing that proved some of the points he made in terms of how the area is transitioning into a little higher density that would be compatible with what he wanted to do; so the Board denied it and she suggested getting together and having some discussions with the principals of the Workforce Housing Task Force, which is working on workforce housing solutions.  She stated they have since had a meeting and talked to the City of Rockledge and will be talking to the City of Cocoa about Mr. Rubbo’s proposal.  She requested the Board waive the six-month waiting period for rezoning so they can look at the proposal sooner now that they are talking to some of the folks to see if it truly would be a compatible use and after they talk to the Cities involved and get their intentions as well as workforce issues, the need for workforce housing, and how it applies.   She noted the applicant will pay the fee.  Commissioner Scarborough stated if there were other issues that came up at the public hearing, it would be advantageous to review them as well.  Commissioner Carlson stated there are no guarantees.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to waive the six-month waiting period for Carl W. Loggins’ rezoning application as represented by Theodore Rubbo.  Motion carried and ordered unanimously.

 

 

Commissioner Carlson stated Sandy Hall with WFIT Radio will talk about what is going on and has something set up in the foyer.

 

Sandy Hall thanked the Board for the funding it gives to nonprofits; stated they are thrilled to have it and have done well; the BCA grants are one of the few that nonprofit organizations can apply for to fund general operation expenses; and that is very important and a real necessity, so they appreciate it.  She stated WFIT 89.5 is the only public radio station in Brevard County; as of September they are the only digital station in Brevard County; and the digital has made clarity of the sound extremely wonderful.  She advised of upcoming events and format changes to what goes well across the nation.

 

Commissioner Pritchard stated he likes Buddy Holley; and inquired if there is an event that would fit in Cocoa Village at the pavilion on Brevard Avenue.  Ms. Hall stated they are realigning their leisure services in Cocoa and declined to have the twilight jazz event this year.

 

Commissioner Carlson inquired if they have a website; with Ms. Hall responding www.wfit.org.  Commissioner Pritchard inquired what is the number on the dial; with Ms. Hall responding 89.5FM.

 

 

 

Commissioner Pritchard advised of the activities that took place at the Central Florida Regional Leadership Academy; the membership being primarily private organizations; discussions on partnerships, regional thinking, exploration and discovery, inclusion, how to dispel fog that masks the initiatives to move forward toward responsible conclusions, light rail system, mass transit, growth, various facilities, and a task assigned to place people in quadrants depicting a 20-year growth; and indicated less discussion about Brevard County’s facilities and more about Orange County’s facilities.  He stated they will meet again in March 2006, and he will bring back more information.

 

The Board discussed strategic regional planning, smart growth, visioning, growth management, urban services boundaries, intergovernmental coordination element, conservation areas, roads and housing, and annexations.

 

 

 

Chair Voltz advised last Tuesday the School Board discussed the possibility of moving towards a conflict resolution process due to the Board’s decision to award Odyssey Charter School educational impact fee funding; it is the first of its kind in the State; therefore, some wrinkles may need to be ironed out to preempt any formal legal action by the School Board.  She stated it would be prudent to exhaust all efforts to find a resolution to any misunderstanding or differences of opinion; Florida law and County Ordinances give exclusive authority to the Board to authorize impact fee credits; however, in keeping with the spirit of joint planning a meeting with representatives of the School Board would be appropriate.  She stated there have been previous discussions with the School Board representatives leading up to the award of funding to Odyssey Charter School; and prior to the January 10, 2006 meeting, she, her staff member, County staff, County Attorney, County Manager, and the State Legislator who proposed the law authorizing the program of charter school impact fee credits met with members of the School Board staff and chairman on more than one occasion.  She stated School Board Attorney Howard Bistline could not attend the original meeting when the issue was to be addressed by the Board in December, so her office delayed the agenda item to January 10, 2006 to accommodate Mr. Bistline.  She stated the State legislators who proposed and authorized the State law that provided the funding mechanism for charter schools believe that Odyssey Charter School qualified under the State law; County Attorney Scott Knox believes it also; and the majority of the Board concurs; so the final question may be to what extent or how the award should be granted.  She stated children’s future and educational experiences are too important to be held hostage by legal challenges; the Board has been and will continue to be respectful of its friends across Fran Jamieson Way; and requested the Board ask staff to meet with the School Board staff, a representative from Odyssey, and the State Legislator familiar with the law to work out any misunderstandings or differences of opinion.

 

 

Chair Voltz passed the gavel to Vice Chairman Carlson.

 

 

 

REPORT, RE:  ODYSSEY CHARTER SCHOOL (CONTINUED)

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to request staff to meet with the School Board staff and Odyssey Charter School representative to work out the details of awarding Odyssey Charter School educational impact fee funding and credits.  Motion carried and ordered unanimously.

 

 

Commissioner Pritchard stated he believes what the Board did is appropriate because the charter school meets the requirements of the law; it helped alleviate overcrowding in Palm Bay schools at a time when the School Board had nothing on the drawing board; so he does not see where the Board did anything inappropriate.   He stated what the Board did is a validation of what Odyssey did in providing classrooms for students from K through 8 grades at a time when the School Board had nothing on the drawing board.

 

Vice Chairman Carlson stated she supports the motion and if there are issues to iron out they need to do that; there are many eyes on the issue and how the Board will move forward; and called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

Vice Chairman Carlson returned the gavel to Chair Voltz.

 

 

 

Commissioner Carlson read aloud a resolution proclaiming January 23 through 27, 2006 as the Week of the Working Parent. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming January 23, through 27, 2006, as the Week of the Working Parent in recognition of the dual roles and responsibilities of working parents, the child providers, and family friendly corporations and businesses.  Motion carried and ordered unanimously.  (See page

for Resolution No. 06-021.)

 

 

Commissioner Carlson presented the Resolution to Barbara Moore with Child Care Association of Brevard County, who thanked the Board for the support of parents in the community, especially those with young children and who have a difficult time trying to balance both work and providing care for children.  She stated they assist parents with providing quality child care services; thanked the Board for its special help for nonprofits who provide a tremendous service for children and working parents; introduced Mary Beth Benson, Volunteer Coordinator; and Marcus Davis, Community Relations Representative, as well as a parent who were present at the meeting.

 

 

 

 

 

 

Attorney Mason Williams, representing Crescent Beach Ventures, LLC, stated the Binding Development Plan was approved by the County; the last requirement is that the subordination was to be executed by the purchasing mortgage holder, who even though it increases the value of the security would not sign; so his client got an acquisition development loan to take out the first mortgage; and the institutional mortgagee SunTrust has agreed to sign the subordination.  He stated that was supposed to close last week but had to be rescheduled for Thursday; under the County’s regulations, they have until February 3, 2006 to record the Binding Development Plan  with subordination attached within the 120-day period; and requested the Board approve the subordination to be attached to the Binding Development Plan.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the Mortgage Joinder from Crescent Beach Ventures, LLC required to be attached to the Binding Development Plan executed on November 22, 2005 for property located in South Cocoa Beach.  Motion carried and ordered unanimously. 

 

 

 

Walter Pine advised of undefined issues, commented on public funds, selling stock, impact on other community activities, membership, and protected class status, and requested the Board assure protection of the public is in place.

 

Agriculture and Extension Services Director Jim Fletcher advised they are following Florida Statutes; the guidelines come from the Department of Agriculture; the application was submitted to the Department; and it approved the charter as written which will allow them to move forward with the next step.

 

Chair Voltz inquired if there is no cost to the County; with Mr. Fletcher responding at this time no, it establishes the charter and allows the organization to move forward to look at alternative partnerships with agencies to develop the complex. 

 

Commissioner Scarborough inquired if something may occur in the future that could create a liability; with Mr. Fletcher responding being established through Chapter 616 makes it a quasi-public entity and allows it to apply for public dollars and receive legislative funding, but there is no binding of the Board.

 

Commissioner Carlson inquired if the Board will get a report on what they perceive to be a County fair complex; with Mr. Fletcher responding that is being planned now to bring back and look at an economic impact study.  Commissioner Carlson inquired if anyone on the board represents the equestrian folks; with Mr. Fletcher responding yes, as well as 4-H, horticulture, and family consumer science.  Commissioner Scarborough requested Mr. Pine’s questions be answered.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the final Charter application for the Brevard County Fair, Inc.   Motion carried and ordered unanimously.

 

Walter Pine questioned the apparent authority of the County Attorney as the requested action on the Agenda Report states, “contingent upon approval by the County Attorney and Risk Management”.  He advised of the doctrine of apparent authority, decisions being made by the County Attorney, which are not appropriate and causes a loss of independence, and the County Attorney making comments to which the public is not allowed to respond. 

 

County Attorney Scott Knox stated Mr. Pine does not understand that the County Attorney has to review every agreement that goes to the Board to make sure it does not have legal problems; that is what his office does; and they sign off on agreements as to form and content.

 

Commissioner Scarborough suggested approval by the County Attorney as to form and content and Risk Management as to elements within its jurisdiction.  Mr. Pine stated the issue is not form and content.

 

The meeting recessed at 10:23 a.m., and reconvened at 10:32 a.m.

 

Commissioner Scarborough recommended deleting “approved” and including “review by the County Attorney as to form and content, as the word approved means the County Attorney is actually approving something when he is actually reviewing it to make sure it conforms.  Chair Voltz stated the County Attorney has to approve the agreements and amendments.  Commissioner Scarborough stated the approval belongs to the Board; and the County Attorney is reviewing it to make sure it conforms with the laws; and there is a subtle difference between approving and reviewing.  Mr. Knox stated they review as to form and content rather than approve.  Commissioner Scarborough stated the Board cannot delegate certain authorities.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve awards totaling $4,244,135 from the Hurricane Housing Recovery Program for the Magnolia Point, Royal Palms, Providence Commons, Tropic Hammock, Silver Sands, and Angel Haven affordable rental housing projects to construct and manage 168 units of affordable rental housing for low and extremely low income persons; and authorize the Chair to execute Agreements and future amendments contingent upon review of form and content by the County Attorney and  Risk Management as to elements under its jurisdiction.  Motion carried and ordered unanimously.  (See pages                                          for Agreements.)

 

 

 

Walter Pine stated there are major flaws in the Parks and Recreation tracking software system; and advised of a lack of protection of HIPAA rights, accessibility for persons with disabilities, internet access, cover fees, incompatible groups, equal access issues, no budgetary or management controls, and potential to create liability for the County.

 

Interim Parks and Recreation Director Don Lusk advised it is a customer service to rent facilities on the internet and check status of park elements; it is customer friendly, was on the back burner for a long time, and will keep statistics on park usage; and software is available that can be customized to include HIPAA and ADA County Policies, and relate to incompatible groups.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise request for proposals for a Parks and Recreation Tracking Software system; appoint Interim Parks and Recreation Director, North, Central, and South Areas Operations Managers, EEL Program Manager, Department Finance Manager, Transit Services Director, and Information Technology Director to the Selection Committee; appoint County Attorney, Interim Parks and Recreation Director, and Central Area Operations Manager to the Negotiating Committee; and authorize negotiations, award to the best qualified proposer, and the Chair to execute the Contract contingent upon review of form and content and jurisdictional elements by the County Attorney and Risk Management.   

 

Commissioner Carlson inquired what is the purpose of committees if the software has been selected; with Mr. Lusk responding they have not selected the software.  Commissioner Carlson inquired if $75,000 is a ballpark cost; with Mr. Lusk responding they budgeted what they thought it would cost.  Commissioner Carlson inquired if the Sterling process for organizational efficiencies helped bring it to the forefront; with Mr. Lusk responding it is one of the reasons they are doing the statistical and customer service thing.

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously.  (See page                         for Contract.)

 

 

 

Walter Pine commented that upper management should have those skills; the County should not have hired them if they did not have the skills; and inquired why should the County pay them if they do not have the skills.

 

Thelma Roper commented that it disturbs her that the County is not going to look anywhere but who it has employed for new positions or to fill vacant positions and not consider people from outside of the County.

 

Bea Polk commented it is money, money, money, and somewhere the Board has to cut something; and inquired if the leadership institute is needed.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve allocation of funds and proposed consultants/instructors to establish an Executive Leadership Institute to be initiated during the spring of 2006. 

 

 

Commissioner Pritchard stated training and education is important; one never stops learning; it is professional development; and named the subjects that would be provided at the institute.  Commissioner Colon stated it is important for growing, and improving skills is a direction that needs to be encouraged.  Commissioner Carlson agreed and stated it is a forward approach to leadership of staff.  Commissioner Scarborough stated management training makes the County run better.  Chair Voltz stated she asked directors who would take their places, and they all had someone who could take over; and the institute is marvelous and says something to the employees that the Board cares that they are trained and promoted from within.

 

County Manager Peggy Busacca stated she appreciates staff putting this program together; training from NASA is $75,000 and NASA did it for $5,000 for materials; and Brevard County was invited to be a part of their leadership institute.  Commissioner Scarborough recommended the Chair write a letter to NASA thanking it for its assistance.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Chair to send a letter of appreciation to NASA for its training session.  Motion carried and ordered unanimously.

 

 

 

Walter Pine stated the request to use the County seal has inadequate information of what will be on the tee-shirts; and inquired if it is a de facto endorsement of the activity.  He stated it appears to be a request from a private individual.

 

County Manager Peggy Busacca stated the Board has a policy for use of the County seal that lets the Board decide; and the request came from District 4.

 

Commissioner Carlson stated Dr. Gamble from Brevard Community College wanted a gathering to commemorate the new Mathers Bridge and his thought is that the tee-shirts and County logo would bring it forward.

 

Thelma Roper inquired if the tee-shirts will be given away or sold and if sold where is the money going.  Commissioner Carlson stated they are not being sold and are for a gathering.  She noted many times people go to events that give out tee-shirts with seals of cities and counties.

 

County Attorney Scott Knox stated if the tee-shirts commemorate the event and acknowledge the contractor it is improper if he sells it as an ad.

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize the use of the County seal on tee-shirts commemorating reopening of Mathers Bridge, as requested by Dr. Gamble, with the caveat that the tee-shirts not be sold as advertisement.  Motion carried and ordered unanimously.

 

 

Walter Pine stated that the Reports process violates the law because the Board makes decisions and does not take public comments; and commented on public rights to know all the facts that go into the Board’s decisions, property rights, free speech, conflict between County Attorney’s opinion and the Supreme Court ruling, his request for 30 minutes to speak on free speech, and read part of an email stating he was scheduled on the agenda for the last meeting. 

 

Thelma Roper commented on people coming to meetings all the time to speak on issues, people with the time and ability to speak for other people, and they should not be made to wonder if they should come to the meetings.

 

Bea Polk commented on Commissioner Pritchard’s actions, the 3% cap, the Property Appraiser,

and encouraging people to come to Board meetings.

 

Commissioner Pritchard stated Capit was an attempt to limit taxes; the Constitution does not allow the people to set limits, but says the Board has that right; and it does not say the Board cannot abide by the will of the people.  He stated if the public comes and makes comments that are wrong, he will hold them accountable; if the comments are not challenged, then they become facts and obfuscate issues; and that is when the fog comes in.  He stated truth is what the Board needs and data and responsible comments.

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating a public utility easement in Barony Estates, Unit 1, as petitioned by Robert A. Kennedy.

 

There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution vacating a public utility easement in Barony Estates, Unit 1, as petitioned by Robert A. Kennedy.  Motion carried and ordered unanimously.  (See page                            for Resolution No. 06-022.)

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating public utility and drainage easements in Rambling Acres West Subdivision, as petitioned by Falcon Realty and Development Corporation.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating public utility and drainage easements in Rambling Acres West Subdivision, as petitioned by Falcon Realty and Development Corporation.  Motion carried and ordered unanimously.  (See page                  for Resolution No. 06-023.)

 

Chair Voltz called for the public hearing to consider a resolution vacating an unimproved right-of-way north of Grant Road, as petitioned by Ronald E. Jacobs, Jr. and Francis W. Fletcher.

 

Transportation Engineering Director John Denninghoff advised staff received objections to the vacating over concerns of creating a worse access condition for properties that are privately owned and located to the north of the petitioners’ property.  He stated in order for them to gain access to their properties without utilizing the area that is subject to the vacating request, they would have to travel farther through an undeveloped right-of-way; therefore, they objected to the vacating.  He stated he does not believe it is an insurmountable issue; and they may be able to work it out if they could work with the petitioners.

 

Ronald Jacobs stated he is trying to vacate a right-of-way that actually splits his property; he uses the adjacent property to get to where his house is; and he wants to combine the two parcels so that the right-of-way would go away and nobody can come in and develop it.  He stated there are a lot of scrub jays out there; he prefers to keep development in that area down; and he would appreciate it if the Board could send him home with approval of his request today. 

 

Chair Voltz stated at this time the Board should table or deny it.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider vacating an unimproved right-of-way north of Grant Road, as petitioned by Ronald E. Jacobs, Jr. and Francis W. Fletcher, until February 21, 2006, to allow the petitioners to work with staff so property owners to the north can get to their properties.  Motion carried and ordered unanimously.

 

 

Commissioner Pritchard stated a lot of neighborhoods are going toward speed humps because they are trying to control the speed of traffic in the neighborhood; it creates quite a problem for emergency response, as well as being costly; right now the County has $25,000 per Commission District set aside for speed humps; and he wonders if the Board should consider requiring residents directly benefiting to provide the funding in advance of placement of speed humps  or establish an MSBU the same as is being done for paving of unpaved roads.

 

Commissioner Scarborough stated it is very difficult to go through the process of getting consent, etc. for speed humps; traffic going through those streets are sometimes created by people traversing through the neighborhood; and those who live there will have the burden of paying to protect their children.  He stated if the Board goes in that direction, he would like to have the ability to create different methodologies; and suggested each District proceed with Option 1,  which does not impact the rest of the County, or try other options as the Commissioner of the District desires.  He stated that will be his motion.  Chair Voltz requested Commissioner Scarborough repeat the motion. 

 

 

Commissioner Scarborough stated he finds it extremely difficult to make people pay for a problem created by people who do not live in the area; it is a minimal amount to put in speed humps, but an MSBU is an expensive process and takes a lot of staff time; so it should be within the purview of the particular Commissioner as to whether to use the current way, which is complex enough, or make it further complex by having people vote on an MSBU to fund the speed humps.  He stated he cannot see the benefit but can see additional costs in going through the MSBU creation; and inquired how long does an MSBU take to create; with Transportation Engineering Director John Denninghoff responding he does not administer the program, but it is probably about six months or more.  Commissioner Scarborough stated that would be six months to the first determination and could be almost a year before a speed hump is installed; it is a lot of staff time to put in for something that is clear cut; the Board can always say it is not going to put a speed hump in where not warranted; so his motion would be if there is a need for the MSBU, the MSBU becomes an option, but only if the Commissioner of that District sees that is the methodology to use.

 

Motion by Commissioner Scarborough, to direct staff to provide an option for creating MSBU’s to fund speed humps only if the Commissioner of the District sees it as the methodology to use.

 

 

Commissioner Carlson stated she does not have a problem going that way, but questions whether or not there are legal issues with different methodologies for providing speed humps in terms of liability or setting precedence in one area and not doing the same in another area.  County Attorney Scott Knox stated if the Board has a reasonable basis for doing it, it can do it.  Commissioner Carlson inquired what is considered a reasonable basis; with Mr. Knox responding staff will have to figure that out; he understands what the concept is; but they would have to look at the question of whether or not the Board can have different methodologies.  Commissioner Carlson stated it can be brought back for discussion to work it out; and she wants to understand the legalities before approving any methodology.  Mr. Knox stated that may be another alternative that everyone have the same options and each District implements a different way.  Commissioner Scarborough stated that would be fine.  Mr. Knox stated he thinks it is okay to come up with the same methodology for each District, and depending on the circumstances, Commissioners can apply different methodologies.

 

Commissioner Scarborough stated if an MSBU is prudent, they can proceed with it; and his motion would be what Mr. Knox said.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to come up with the same methodology for funding speed humps in each Commission District, and depending on the circumstances, Commissioners can apply different methodologies.

 

 

County Manager Peggy Busacca stated the motion is directing staff to put the regular speed hump report together as they have always done, and for funding, provide the Board options whether to create an MSBU, fund it using the current mechanism, or use other mechanisms

 

Commissioners may choose; and inquired if that is correct.

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct staff to put together the regular speed hump report as they have always done, and for funding, provide options to the Board whether to create an MSBU, fund it using the current mechanism, or use other mechanisms.

 

 

Chair Voltz inquired if it will be individuals; with Ms. Busacca responding it would be done on a case-by-case basis.

 

Commissioner Colon inquired if the options are for Commissioners to determine whether one neighborhood is going to pay for the speed humps and another neighborhood is going to get it from the government; with Commissioner Scarborough responding if staff does not recommend it, and the traffic is created by the residents, and they want to look at an MSBU, he would be inclined to go there.  Commissioner Colon stated that may be dangerous territory if staff says no it does not meet the criteria on the point system to encourage it even if they pay for it; it is not about the money, it is the fact that staff said no speed humps should go there; and it would open Pandora’s box, which she is uncomfortable supporting.  She stated make it everybody pays or nobody pays because it puts staff in an awkward position to go against the constituency; and everybody who wants speed humps will come in and say they will pay for it.

 

Commissioner Carlson stated the Board could clarify it in terms of warrants; if they do not meet the criteria, the Board will not pay for it; and the Board can go that route and still use the options of how to pay for it.  She stated if the problem is generated within and they meet the warrant, then they should pay for it; but if it is generated from outside and the residents have no control over it, then the County may need to pay for it. 

 

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

 

 

Commissioner Scarborough inquired if Commissioner Pritchard wanted to address striping.  Commissioner Pritchard stated there are signs saying speed humps ahead, then signs saying speed hump, then markings on the street or hump; and he would like to eliminate some of the visual pollution and have less signage.  He stated they could have one sign saying speed humps ahead instead of a sign 50 feet before each speed hump then one at the speed hump; hatch marks on the speed humps while noticeable  are a bit loud; and inquired if they can be toned down and have less striping to reduce the visual pollution that many streets suffer.  Chair Voltz stated that would be fine as long as Department of Transportation approves it.  Mr. Denninghoff stated Exhibit B, Figure 1 is the striping staff formally used; a couple of years ago the standards were altered; Figure 2 is one of those available options; and Figure 3 is the second option that requires less striping on the hump but more striping on the street.  He stated Figure 2 is the one they are currently utilizing; and those are the options that meet all the standards that are available for staff to utilize.  Commissioner Pritchard stated he does not like

 

having more stripes on the streets.  Mr. Denninghoff stated staff felt in like manner and that is why they chose Figure 2, which is what they are using.  He stated the speed humps meet all the ADA standards also. 

 

Commissioner Carlson stated she agrees with Commissioner Pritchard on the visual pollution; one sign is sufficient if they have to have that; but a lot of communities have it written on the road and hatch marks as well.  Mr. Denninghoff stated for quite a few years there were no standards in the Manual of Uniform Traffic Control Devices (MUTCD) on speed humps; they were not recognized as a decide; and now they are a standard.  Commissioner Pritchard inquired what is wrong with Figure 1; with Mr. Denninghoff responding it is not available as a standard and Housing Authority has been deleted from the MUTCD.  Commissioner Pritchard inquired what would happen if they did not abide by the standard; with Mr. Denninghoff responding that is a legal question, but as professional engineers, they would not recommend the Board do that.  Commissioner Pritchard inquired what is the legal answer; with Mr. Knox responding it would create problems for the County; and if it violates the standards, someone could come back some day and blame the County for something that happened because it did not follow the proper standards. 

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to approve Figure 2, approve striping per  MUTCD currently in use. 

 

 

Commissioner Pritchard stated there is a proliferation of signs; and inquired if that is the standard; with Mr. Denninghoff responding what staff has suggested is what the standard indicates; they have a speed hump ahead sign located in advance of where they have a series of speed humps or a single speed hump then typically one at the speed hump location; the advantage of having one at the speed hump location is people tend to drive around speed humps and endanger themselves as well as others; and the sign serves to shepherd them on the corridor they are supposed to stay on.  Commissioner Pritchard inquired if the advanced sign is required; with Mr. Denninghoff responding they have one advance sign at the beginning of the street or at a side street to warn people they are coming up on speed humps.  Commissioner Pritchard inquired if there is a size requirement; with Mr. Denninghoff responding the minimum is 24”x14” and it can go larger, but staff does not typically do that.  Commissioner Pritchard inquired if they have to have the advanced warning sign; with Mr. Denninghoff responding that is his understanding and interpretation of the MUTCD.  Commissioner Pritchard stated his concern is visual pollution of neighborhoods with signs saying school bus stop ahead, then stop sign ahead, signs telling what is coming up, etc.  Mr. Denninghoff stated they recognize that problem and try to reduce the number and there are studies that show once they get above a certain number of signs the traveling public tends to ignore them; and that is an unfortunate reality.  He stated he does not know what they can do about it, but it is a consistent problem they try to deal with wherever they can.  He stated he does not know what meets the standard other than what staff is doing. 

 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Carlson, to grant permission to conduct a pilot program for automating collection of solid waste and yard waste by Waste Management, Inc.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to execute Contract for Sale and Purchase with Drew A. Huy and Glenda A. Huy, waive environmental assessment, deed, plat restrictions, and Florida Power & Light Company, BellSouth, and Public Utility Easements for Wickham Road Widening project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.  (See page                            for Contract.)

 

 

The meeting recessed at 11:42 a.m., and reconvened at 1:01 p.m.

 

 

 

Human Resources Director Frank Abbate advised the Board discussed emergency pay and the issue of sleep time in December 2005 and its interest in seeing organization-wide consistency in terms of how sleep time is handled; and staff has provided the Board four options.  He stated Option (1) provides that hourly and salaried employees, excluding directors and assistant directors, that are required to be on duty during declared emergency conditions, sleep time would be included as hours worked; and Option (2) provides a different standard, which is what is required under the Fair Labor Standards Act for hourly employees, specifically requiring adequate sleeping facilities and that the employee has an opportunity to enjoy at least five hours of uninterrupted sleep.  He stated if those conditions are met, then the Fair Labor Standards Act says for hourly employees the Board can exclude those hours of sleep time from pay; and all other hours for sleep time would have to be paid.  Mr. Abbate stated when he spoke to the directors about it, most of them indicated that in their operations they were not in the position to provide adequate sleep facilities for staff that were called out in emergency situations.  He stated Option (3) applies the same standard for hourly employees to salaried employees in order to maintain consistency, which the Board indicated was something it might be interested in; and Option (4) is similar to Option (1) and provides sleep time would be paid for hourly employees, but instead of pay for salaried employees, they would receive straight time compensatory time, so it would not be as costly an option as Option (1).  He noted Option (4) excludes directors from any kind of compensation or compensatory time for sleep time.

 

Chair Voltz inquired if it would be difficult to determine if somebody had five hours sleep; with Mr. Abbate responding from a factual standpoint it will be difficult to determine five hours of sleep and also to define adequate facilities when dealing with emergency conditions.

 

 

Mr. Abbate stated those are things they have to deal with; it is a difficult standard to apply; but it is the minimum standard that the Fair Labor Standards Act says the Board could put in place if it so chooses.  Chair Voltz asked for suggestions; with Commissioner Carlson responding Option (1).  Chair Voltz stated Option (1) is probably fair; and Commissioner Pritchard agreed.

 

Commissioner Carlson stated they cannot calibrate sleep time unless they have a place where they can actually go and it is a lockdown situation, but in emergencies they cannot guarantee anything, and certainly not sleeping opportunities.  She stated it does not seem like it would be fair, so she will move Option (1).

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Option (1), when non-exempt and exempt employees, excluding directors and assistant directors, are required to be on duty during declared emergency conditions, sleep time shall be included as hours worked; and grant permission to advertise a public hearing for February 21, 2006, to consider amendments to the Merit System Policy II, Pay Plan.

 

 

Chair Voltz stated she will support the motion; and requested the County Manager come back with what it will cost the County.  County Manager Peggy Busacca stated staff can give the Board a “guesstimate” under certain circumstances; what they found out during the hurricanes is that most of the money spent were for fire rescue, and fire rescue typically has sleep time included, so it may not be a big difference between what the rest of the staff brings.  She stated staff will return with an option because this item is only for permission to hold a public hearing.

 

Commissioner Carlson inquired if paying for sleep time is at regular or time and a half; with Mr. Abbate responding during emergency times, the hours are time and one half, but for salaried employees it is straight time and half time compensatory time.  Commissioner Carlson inquired if Mr. Abbate would apply it; with Mr. Abbate responding that would be sleep time as well.

 

Commissioner Scarborough stated Clerk of Courts Scott Ellis made some criticisms of why certain people were called to be there; it is relevant; they are leaving their families and homes, and there are dynamics there; so there is more than just compensation.  He stated they were having family crises because families had to evacuate or they were concerned about being in the structure if there was a worse hurricane event; so there is a lot of dynamics to it.  He stated beyond policy, sensitivity as to who is called even though they may get some money; and money is not the only thing in life when they are concerned about the welfare of their families.

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

 

 

Utility Services Director Richard Martens advised of the situation regarding water capacity outside of the Barefoot Bay service area.

 

Chair Voltz recommended Option 1.b. to expand the water service area  requiring new and/or additional water supply, which could include expanding the existing Barefoot Bay Water Treatment Plant; and Option 1b, financing supported by the Brevard County Utility Services Department Countywide customer base.

 

The Board discussed expansion of the existing water treatment plant, strategic planning for future development in the area, preference of water and sewer service over wells and septic systems, growth management, costs, Crystal Bay, expansion in other areas of the County, impact and connection fees, planning for future development, financial study, engineering, and impact on the entire area.

 

Chair Voltz passed the gavel to Vice Chairman Carlson.

 

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to approve Option 1b, to expand the existing water service area in South Brevard Mainland, which will require new and/or additional water supply, and could include expanding the existing Barefoot Bay Water Treatment Plant, building a new water plant, or buying water from Palm Bay and constructing a water supply pipeline from the City’s water plant; and direct staff to provide a funding analysis for the service area expansion.  Motion carried and ordered; Commissioner Scarborough voted nay.

 

 

Vice Chairman Carlson returned the gavel to Chair Voltz.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the special magistrate’s recommended order granting vested rights to AG Ventures, LLC to be exempt from Chapter 62, Article X, Division 4, Section 62-3691, upon obtaining a wetlands permit from St. Johns River Water Management District showing no net loss of wetlands through mitigation approved by the District.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to accept a temporary construction Easement from Joel S. Burrill and Christine A. Burrill, and waive environmental site assessment requirement, title search, and mortgage joinder for storing and transporting of soil from Timuquana Channel Dredging.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz advised there were rumors and scare tactics; and she received concerns from the public about FIT moving its flight school to Valkaria Airport, large jets, moving holes on the golf course, safety, touch and go, what happened to Melbourne Airport Master Plan, small area study, etc.

 

Airport Manager Stephen Borowski advised the Valkaria Airport Master Plan was approved in 1990; it is an old document and needs to be updated; it is a procedure on how to run the airport but it has not been used; and on September 13, 2005, the Board directed staff to look at planning options.  He described the Master Plan, Airport Layout Plan, FIT’s statement of service and costs, advised of unsafe conditions at the airport with trees, fuel tanks in the wrong place, and rundown hangars, golf course access, FDOT grant, and a plan to involve public, staff, and consultant.

 

The Board discussed acceptance of money from FAA, keeping the area rural, a master plan versus a small area plan, FAA and FDOT requirements, grant for study, and letter from FIT that it has no plans to move its flight school.

 

Dr. Mike Barker with FIT gave his credentials in land use, aviation, airport work, and airport consulting service, and on the faculty of FIT in charge of the master program in airport development activity and airport management and consulting.  He described the FIT master planning procedures and scope of services in detail.

 

The Board and staff discussed large jets not being able to land at Valkaria, lighted runways, potholes on runways, no night flights, conditional operating license, dangerous conditions, touch and go restricted by Ordinance, FAA restrictions, taxiways, heliport pad for Mosquito Control, electronic files, environmental studies, funding, and safety issues.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to direct Valkaria Airport Manager to return to the Board on February 7, 2006, with an action plan to address the safety issues at Valkaria Airport.  Motion carried and ordered unanimously.

 

 

John Mason, Linda Mason, Kurt Stafflinger, Pat Poole, Aldie Therriault, Francis Herr, Ronald Nelson, Joy Hotton, Lattimore Cauness, June Borowski, Gordon Sonney, Walter Koehler, Sherry Ruohomaki, Audry Sonney, Jack Bartholf, and Judith Nash expressed their concerns about Valkaria Airport.

 

 

The meeting recessed at 3:30 p.m., and reconvened at 3:41 p.m.

 

 

Chair Voltz advised the public if someone cannot stay for the remainder of the meeting, they could go to the back of the room and fill out a card to let their thoughts be known and indicate whether or not they are in support of a master plan.

 

 

BOARD DIRECTION, RE:  VALKARIA AIRPORT MASTER PLAN (CONTINUED)

 

Barbara Haley, Ken Joseph, Sandy Mottice, Betty Hewett, Walter Hewett, Jon Radencic, Reine LeBohec, Barbara Bland, Mel Cook, Glenn Baumgarner, Maureen Rupe, Gail D’Amato, David Koshinksi, Joe Curtin, Bonnie Salee, Charles Czegledi, Tom Buterbaugh, Connie Buterbaugh, Wally Bowles, Mary White, David Folts, Ken Hitte, Barbara Ray, Barbara Lasher, Dan Kaloski, Linda Kaloski, Linn Walters, Al Malerk, Michael Hoffman, Jim Tonti, Charles Duerbeck, Clyde Geist, Walter Eisenmann, Jill Liles, Mike Whaley, Lisette Kolar, Del Yonts, Gerry Armstrong, Andy Peterson, Janis Walters, Curt Lorenc, A. Don Danby, Fay Picardi, Dan Faden, Frank Gallagher, Dr. Russell Minton, Ken Rivard, Norman Allen, Art Irvine, Judy Irvine, Milo Zonka, Frances Putnam, LeRoy Rotgers, and Bobby Putnam addressed their concerns to the Board regarding Valkaria Airport.

 

Wayne Lanza, Jack Repass, Sandra Malerk, Thomas Angotto, E. Neal Chancellor, Albert Schmidt, James Ratte, Wayne Dickerson, Jim Daron, Peter Mikos, and Don Fritsman left written comments in support of a master plan or update of the master plan; Amy Tidd left comment in favor of small area plan and against master plan; Jeffrey Lake and Glenn Baumgarner left comments in support of an airport layout plan and safety, but not a master plan;  Reine LeBohec and Linda Landrum left comments to reject the master plan; Lori and Tom Allenbaugh commented against FIT flight school coming to Valkaria Airport; and Thelma Roper, Karen Anderson, Colleen Hribal, Gayle Smith, Chris Novak, David and Linda Ginsburg, John McCarthy, Gerald Lomak, Patty Dial, Suzanne Valencia, Diane Bowles, David Hudson, Jim Blackerter, Don White, Chris Tomkins, Albert Malerk, Sharon Ragno, Allen Dye, Beverly Tonti, Jennifer Sartori, Daniel McKenzie, Pam Winegar, Robert Griffin, Kevin and Margaret Rauscher, and Joseph Ferrara filled out speaker cards but did not speak and did not leave comments for or against a master plan.  

 

 

The meeting recessed at 6:19 p.m., and reconvened at 6:30 p.m.

 

 

Chair Voltz requested staff address a small area study in relation to a master plan; with Assistant County Manager Ed Washburn advising there was a small area study done for Valkaria in 1995 planning the land use outside of the airport; and a master plan would have to take into consideration the environs surrounding the airport. 

 

Chair Voltz requested Mr. Borowski address the conflict of interest issue with FIT; with Mr. Borowski responding it is a private school of aeronautics; they worked on many airports and never had conflicts before; they are well qualified; and its flight school cannot go to Valkaria as the letter from the Dean stated.  Chair Voltz inquired if it requires competitive bids; with County Attorney Scott Knox responding he does not think it falls under the Competitive Negotiation Act, which applies to certain things.  Assistant County Attorney Morris Richardson stated it enjoys exemption under Florida Statutes 287.087, paragraph 22.  Chair Voltz inquired if the current master plan is in effect; with Mr. Borowski responding yes.  Chair Voltz stated FIT put $4.5 million into Melbourne Airport and will not be going anywhere soon; there is an ordinance that makes touch and go illegal according to FAA; and it restricts access and is unsafe, but it could

 

BOARD DIRECTION, RE:  VALKARIA AIRPORT MASTER PLAN (CONTINUED)

 

be legal with studies showing why it is unsafe.  Mr. Borowski stated the Board could keep touch and go but put in a taxiway.

 

Discussion continued at length on community involvement, pilots, and legal responsibilities.

 

Chair Voltz passed the gavel to Vice Chairman Carlson.

 

Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to address the heliport and number of issues brought up that will be brought up again in the community process; and authorize using Florida Institute of Technology to update the Master Plan as outlined in the scope of service. 

 

 

The Board continued discussion on focusing on what they have in common, need for a plan,  the safety factor, taking advantage of the grants, an airport layout plan to go after grants, the tropical gardens, golf course, keeping it a small recreational airport, starting with a small area plan, updating the Master Plan, assuring public input, including a preamble, aimlessness, no vision with no plan, fixing the problems, and land use. 

 

Vice Chairman Carlson called for a vote on the motion.  Motion carried and ordered; Commissioners Scarborough and Colon voted nay.

 

 

Vice Chairman Carlson returned the gavel to Chair Voltz.

 

 

 

City Manager of Palm Bay Lee Feldman advised he would like to discuss the two interlocal agreements relating to EMS and library impact fees collection in Brevard County.  He stated when the County adopted its impact fee Ordinances in 2001, the EMS and library impact fees were applicable to new growth within municipalities; however, the County did not apply the impact fee Ordinances to municipal growth; in November 2004, the City of Palm Bay pointed that out to the County; and shortly thereafter, the County Attorney concurred.  He stated several months after that, it was finally brought to the Board’s attention in April 2005, six months after the issue was raised; and the Board directed its staff to commence collection effective July 1, 2005.  He stated key to the impact fee Ordinance is the execution of an interlocal agreement between the County and the cities; a draft of the interlocal agreement was sent to the municipalities on June 6, only 24 days prior to its new effective date when the impact fees would be collected within municipalities; and the City of Palm Bay, within two weeks of receipt, forwarded its comments to County staff for consideration, and indicated changes could be made before July 1 and the matter presented to Palm Bay City Council at its July 7th meeting, otherwise it would be July 21 before the Council could consider the item.  He stated the City did not receive a response from the County until September 7 despite inquiries on August 9 and

 

August 23; and the City responded to the County’s comments on September 11 and received a reply after inquiries October 3 and October 12 on October 28.  Mr. Feldman stated the City replied back the same day; no further drafts were then furnished by the County to the City after additional emails back and forth; and finally the City Council considered the matter at its December 2, 2005 meeting and executed the interlocal agreement that satisfied the City’s concerns.   He stated his point in providing the Board the timetable was to demonstrate that the City of Palm Bay has always been responsive to the County on this matter; there was no time that the City did not respond to the County within two weeks of receipt of the county’s draft documents; and the City has acted in good faith on the issue.  He stated it pointed out the problem then attempted to work with the County to resolve it; and now he would like to address the specific points raised in the Agenda memoranda.  He stated (1) is the level of service; County Ordinances Sections 62-883(b) for libraries and 62-843(b) for EMS adopted true findings level of service upon which its impact fees were based; he does not believe anyone would dispute those figures were derived directly from the EMS and library impact fees studies completed by Tindale-Oliver upon which the County Ordinances were based; however, he believes, because the City might raise the level of service issue in the pending EMS litigation with the County, the County has replaced its findings as delineated in the adopted Ordinances with more nebulous terms of level of service contained in its Capital Improvement Element of its Comprehensive Plan.  He stated that is not proper for two reasons:  (1) the Board cannot ignore its own Ordinances in the specific findings of fact within them in order to avoid an argument and a lawsuit on another matter; in fact, it should not ignore its own Ordinances for any reason; and (2) its Comprehensive Plan is applicable to the unincorporated area of the County only.  He stated that is evidenced in the Preface of the document and in the County’s enabling Ordinance on Land Development Regulations.  Mr. Feldman stated Florida law limits the applicability of levels of service to those areas to which the County controls future development and have the responsibility of issuing development orders or development permits; and specifically, Florida Administrative Code, Rule 9J5.005(3) provides that the level of service standards shall be established for insuring that adequate facility capacity will be provided for future development and for purposes of issuing development orders or development permits.  He stated pursuant to Section 163.32022(g)(o) Florida Statutes, each local government shall establish a level of service standard for each public facility located within the boundary for which the local government has the authority to issue development orders or development permits; the level of service standards shall be set for each individual facility or facility type and not on a system-wide basis; and simply put, the County’s level of service in its Comprehensive Plan is not applicable to municipalities and the Board cannot just will them to be.  He stated with regard to the forgiveness of impact fees collected after July 1 until the effective date of the Ordinance, there is confusion on the issue; and they are not asking the Board not to collect impact fees within municipalities during that time, but rather that the liability the Ordinances purport to impose upon the cities for failure to enforce its ordinance be limited until after interlocal agreements are effective.  He noted they think that is only fair since they have been negotiating in good faith from the beginning; and requested the Board remember the litany of dates he recited earlier as evidence of the City’s intention to do the right thing.  Mr. Feldman stated the last issue of contention involves the return of unencumbered EMS impact fees should the City assume the role of ambulance provider; they are working diligently to provide ambulance

 

service; there is no argument that can be made by the County that would permit it to collect an EMS impact fee upon the City’s assumption of that service; however, it would also be improper to expend any dollars collected within the City of Palm Bay and outside service once ambulance service is assumed by the City.  Mr. Feldman stated the County Ordinance is silent on that issue; and all the City is asking the Board to do is do the fair and equitable thing and allow the City to use the collected impact fees for the needs of the City’s system.  He thanked the Board for allowing him to share his comments, and stated he hopes it will execute the interlocal agreements as promulgated by the City of Palm Bay.

 

County Attorney Scott Knox advised he just got an answer to a question posed by the City of Palm Bay in the litigation where he seemed to indicate that the level of service according to the Tindale-Oliver study is equivalent; and inquired if that is accurate; with Planner III Stephen Swanke responding that is his understanding.  Mr. Knox stated if that is the case, he has no problem with the proposal to put in the level of services for EMS as staff stated.  Mr. Feldman stated the Capital Improvement Element level of service and the impact fee level of service for libraries are identical.  Mr. Knox stated he is talking about EMS.  Mr. Swanke stated the level of service for EMS is intended to be measured on a County-wide basis and not on a jurisdictional basis, so the fact that the County may not meet that exact level of service in the City of Palm Bay does not mean that it cannot meet it Countywide. 

 

Commissioner Carlson inquired what does that mean; with Mr. Knox responding it means they will withdraw their objection on the EMS level of service. 

 

Commissioner Scarborough stated he was briefed by staff; they had some concerns; he asked Ms. Busacca if the concerns were still outstanding; and she said yes.  He stated maybe the problem has gone away by now, but he needs to talk to staff again before he votes on anything.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to table the interlocal agreements with the City of Palm Bay for library and EMS impact fees until February 21, 2006.

 

 

Mr. Feldman requested if the item could be brought up at the same time as the Board considers the fire assessment fee as he will be at the meeting for both items.  Chair Voltz advised she has not done the time certains for the meeting yet, but will take that into consideration.

 

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

 

 

 

Commissioner Carlson requested the item be tabled so she can meet with the City of Melbourne and Holy Trinity Episcopal Academy.

 

Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to table request by the City of Melbourne to purchase the remainder parcel purchased for Pineda Causeway extension and realignment of Wickham Road and Pineda Causeway intersection at appraised value of $720,000 for a ground water storage tank with intent to partner with Holy Trinity Episcopal Academy, Inc. to allow discussions with the City and Academy.  Motion carried and ordered unanimously.

 

 

 

Planner Ryan Rusnak advised the Board directed staff to meet with the City of Melbourne and come back with suggestions for improvements to the Ordinance; and the changes will resolve the conflict staff has with the City regarding traffic on Wickham Road.

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to accept staff’s report highlighting the differences between Brevard County and the City of Melbourne’s Concurrency Ordinances, including traffic counts, roadway segments, measuring a proposed development’s impact on roadway segments, committing a proposed development’s impact on roadway segments, the current volume of Wickham Road, and proportionate fair share contributions pursuant to Senate Bill 360; and direct staff to implement suggested Code amendments and procedures. 

 

 

Commissioner Scarborough commented on concurrency and road capacity.

 

Chair Voltz advised the City of Melbourne was involved in the process and agreed.  She called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Change Order No. 4 to Contract with The Collage Companies, Inc. for Viera Regional Park, increasing contract price by $291,950 for installation of conduit for telephone service, relocation of transformers, sports lighting pole replacements, and additional grout to seal water well.  Motion carried and ordered unanimously.  (See page                       for Change Order No. 4.)

 

 

 

 

 

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to approve Change Order No. 3 with BRPH Construction Services, Inc. for Palm Bay Regional Park, increasing contract price by $68,136.55 for septic systems changes, standardization of most efficient sports lighting and pole replacements, site lighting and electrical service changes to maintenance building, and extension of time by 60 days due to rain delays.  Motion carried and ordered unanimously.  (See page                          for Change Order No. 3.)

 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize establishing a revolving fund to be based in the General Fund for financing demolition of structures on the Unsafe Structure List when there is no apparent action being taken by the owners; and authorize the County Manager to establish procedures for demolition actions.  Motion carried and ordered unanimously.

 

 

 

Loys Ward, representing Rolando Cabezas, advised his client purchased the property; the application for rezoning was filed by the previous owner; and notice was not given to the new owner that it was denied.  He requested waiver of time and fee so his client can apply for rezoning.

 

Zoning Manager Rick Enos advised there are two parts to the application, waiver of the six- month waiting period and the application fee; they are under two different policies; the waiver of time is in Section 62-1151; and the Board has to find that it constitutes a hardship to the applicant resulting from mistakes, inadvertence, or newly discovered matters or considerations.  He noted it seems they meet that criteria; but the waiver of fee is based on Policy BCC–50.

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to waive the six-month waiting period for reapplication for rezoning and deny reinstatement of the application fee of the previous owner.  Motion carried and ordered unanimously.

 

 

Carol Hayes of Merritt Island requested the Board schedule an advertised public hearing on February 21, 2006 to discuss truth in taxation as it relates to one-fifth or $5.2 million of the County’s recent property tax increase.  She stated prior to the budget hearing, Property Appraiser Jim Ford advised the Board that four of the five reasons in its truth in taxation notice for one-fifth of the $25.2 million increase it asked for were not valid; the taxation notice stated that four publicly approved referendums and one unfunded State mandate were all new budget

 

items, so $7 million of new tax dollars would be needed to fund them; but in fact, according to Mr. Ford, there had only been one new referendum item and only $2 million of new money was needed for it, and there were no unfunded State mandates, so four out of the five tax districts were not new and were funded in previous years.  Ms. Hayes stated the truth in taxation notice corroborates part of what Mr. Ford said; it very plainly identifies one of the supposedly new voter tax districts as environmentally endangered lands (1991); and that means that they have been paying for that supposedly new tax district for almost 15 years, yet County Attorney Scott Knox’s counsel to the Board is that he finds no basis for holding a public hearing or for a pro-rata return of $25 million.  She stated she has never asked for $25 million return and never challenged the legitimacy of almost $20 million of the tax increase and has no doubt the Board needs it to govern effectively; but what she wants to know is what every Brevard County taxpayer and every Commissioner on the Board should want to know, is were the needs advertised to justify $5.2 million of the $25.1 million tax increase factual or false.  She stated Mr. Knox in effect told the Board Florida Statutes such as truth in millage do not require truth or even accuracy in public tax notices; Brevard County Charter on the other hand does require truth in taxation notices, but the Charter contains no enforcement provisions; and the State Attorney’s Office confirmed that for her today.  She stated Mr. Knox is entirely correct; and inquired if that means the Board does not have to comply with the provisions of its Home Rule Charter.  She inquired if Commissioners swear to uphold the Charter as well as the Florida Constitution when they take their oaths of office; and noted if not, it should be part of that oath.  She stated she hopes ethics, honesty, and accountability are still a hallmark of public service and of the Board; and inquired about the bit about avoiding even the appearance of impropriety.  She stated the County Attorney also told the Board that Mr. Ford’s areas of concern would have to be addressed in the next budget cycle; but the County has failed to show any legitimate need for $5.2 million of this year’s tax increase; and it expects the taxpayers to ante up the money in November without giving them any idea what it would be spent for.  She inquired if those concerns must be addressed next year, why is it okay to do nothing this year.  She stated it is not a matter of law, it is a matter of right and wrong; it is an election year; and she does not think people will forget it.  She stated she realizes the Board is not bound by the County Attorney’s advice and one attorney’s opinion is just that, an opinion; there are legal opinions on both sides of any public issue; and her concern is that the Board might see Mr. Knox's opinion as an easy out to vote against the public hearing ostensibly to save the taxpayers the cost of the hearing that Mr. Knox believes it does not have to hold.  She stated it should not talk about saving taxpayers nickels and dimes and should talk about possibly saving them real money like $5.2 million of the $25.1 million property tax increase approved in September 2005 and talk about real truth in taxation.  She suggested the Board pursue truth in taxation with regard to one-fifth of the recent tax increase at a public hearing and let the County’s financial experts and Attorney have at it in the sunshine.  She stated it will cut through the bureaucratic jargon and memos and letters on the subject that only blur the issues for both Commissioners and the public; and at a public hearing they can all judge for themselves where truth lies and deal with it appropriately.  She stated the public was ill served by the County’s truth in taxation notice; and taxpayers were deprived of information they were entitled to and they needed in order to participate intelligently in the budget hearings.  She stated they deserve to learn how and why it happened and what remediation they can hope for; and requested the Board please set a specific time on February

 

21 for the hearing and advertise it.  She stated a yes vote for the hearing can only increase the public’s confidence in the Board’s commitment to fair and open public hearings now and in years to come.

 

County Attorney Scott Knox advised what he said in his email to the Board is that there is no legal basis to hold a public hearing on the issue; if the Board wants to do that for some other reason, that is its decision; but there is no legal basis to do it; and the time for challenging that budget on the basis of failure to comply with the truth in millage Charter provision is already past.  He stated he does not know what staff’s position would be on how much they think they complied with the truth in millage requirement.

 

Commissioner Scarborough suggested staff put together a memorandum on the subject for each Commissioner; and stated issues come up that the Board should at least have information on that would be helpful.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the County Attorney and Assistant County Manager for Management Services to put together a memorandum on the subject of property tax increase so Commissioners would have the information before deciding on whether or not to hold a public hearing.

 

 

Commissioner Pritchard inquired if the motion is requesting just a memorandum; with Commissioner Scarborough responding there have been a number of statements made; Jim Ford also raised some of those issues; and it has not come before the Board.  He stated a public hearing is not found in the Charter; it is something Ms. Hayes is asking for; and the reason to proceed to a hearing is so the Board can address the issues.  Ms. Hayes stated the reason for the hearing is to restore public confidence in the Board.

 

Commissioner Pritchard stated he will support the motion with a caveat that if there are any questions that are raised that he feels would be better answered in public hearing, then he would like to bring them back to the Board; with Commissioner Scarborough responding certainly, any Commissioner can put it on the Agenda, but at least they would have some information. 

 

Chair Voltz stated the issue with Jim Ford is the truth in millage.  Commissioner Scarborough stated there are some emails back and forth between Mr. Whitten and Jim Ford.  Ms. Hayes stated this has nothing to do with truth in millage; with Chair Voltz responding no, but Mr. Ford’s issue was truth in millage.

 

Commissioner Colon stated Ms. Hayes wants a public hearing to get things out in the open; and whether she agrees with it or not, she wants to make sure that there is an opportunity.  Ms. Hayes inquired if the Commissioners do not want to know; with Commissioner Scarborough responding yes, and that is why they are asking for information.  Ms. Hayes stated she read memos that have been exchanged already; that is why she would like to see this aired at a

 

public hearing so that the discussion is out there because memos and bureaucratic jargon are not working.

 

Commissioner Pritchard inquired if Ms. Hayes is asking for a hearing on the 21st; with Ms. Hayes responding yes.  Commissioner Pritchard stated the Board has a meeting on February 7 and will have ample time to schedule it for the 21st.  Chair Voltz stated if they feel it is needed after getting the information.  Ms. Hayes stated necessity is not the criteria, desirability is; and legally the Board does not have to do it.  Commissioner Colon stated it is the perception and principal of it.  Ms. Hayes stated it is the appearance of impropriety in the way the budget hearings occurred.  Chair Voltz thanked Ms. Hayes and stated she appreciates all her hard work.

 

Commissioner Scarborough stated before he goes into a public hearing he would like to make sure his questions are answered so the public hearing is not continued because there are still outstanding questions; Commissioners need to do their homework beforehand; and if Ms. Hayes is provided copies of the memos she can contact each Commissioner and they can do additional inquiries.  He noted it would be a much more enlightened dialogue if they do their homework.

 

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

 

 

 

Laura Malekian stated after they built a skateboard ramp for their son, it was brought to their attention that it was not legal; there is a skate park in Satellite Beach about three or four miles away, but they cannot stay and supervise their children; and they cannot let them travel that distance alone and be potential victims.  She stated the skateboard ramp in the yard lets them know where their children are; they speak to their children more often; it keeps them off the streets; and it develops skills.  She requested a change in the Code on the lot size from .5 acre to .2 acre; stated a CUP is a long process, plans sealed by an engineer are required; there are “how to” books, which they used to build the ramp; they can be sound-proofed with carpeting; and the person complained because a neighbor built a ramp in the middle of a mobile home yard.  She stated she had ramps in the past; it was not an issue; the current Code makes it impossible to build a decent ramp; it is not permanent and can be moved; and the noise is no more than a basketball hoop off a driveway.  She stated the standard use time would be 9:00 a.m. to dusk; and she hopes the Board can make changes to the Code so they do not have boards on blocks.

 

Commissioner Colon inquired why the ramp is not in the backyard; with Ms. Malekian responding because of the Code setback requirements.  Commissioner Colon stated if they start that it will apply to everyone else.  Chair Voltz stated others may not address the noise.

 

CITIZEN REQUEST  -  LAURA MALEKIAN, RE:  SKATEBOARD RAMPS (CONTINUED)

 

Commissioner Carlson inquired if Ms. Malekian has a citation; with Ms. Malekian responding affirmatively.  Commissioner Carlson inquired if the Board wants to abate enforcement at this time.

 

Motion by Commissioner Colon, seconded by Commissioner Carlson, to abate enforcement of the Code Enforcement citation until a decision is made by the Board; and direct staff to look into the issues of compatibility, not consider allowing skateboard ramps in front yards, and return with a report to the Board.  Motion carried and ordered unanimously.

 

 

Commissioner Carlson advised Ms. Malekian she does not have to worry about the citation until staff goes out there and brings a report back to the Board.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve compliance documents and adopt Resolution providing for the adoption of Forms for the implementation of Brevard County Ordinance No. 05-60, Countywide Fireworks Ordinance.

 

 

County Attorney Scott Knox advised the Fire Chief has not been in town for a couple of weeks; and requested enforcement be abated.

 

Commissioner Pritchard stated he would make that a part of the motion.

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered; Commissioner Voltz voted nay.  (See page                           for Resolution No. 06-024.)

 

 

 

Assistant County Manager Ed Washburn stated Option 2 is for a consultant to be selected from the eight responding vendors to the expired RFP for a fixed price, one-time service not to exceed $15,000; and it could be approved by the Department Director per existing purchasing procedures based on low-quote out of minimum of three quotes received. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Option 2, select a tower consultant from the eight responding vendors to the expired RFP for a fixed price of not to exceed $15,000, which could be approved by the Department Director per existing Purchasing Procedures based on low quote out of minimum three quotes received.

 

 

Planning and Zoning Director Robin Sobrino stated staff would like to go out for an RFP for a tower consultant.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize staff to go out for an RFP for a tower consultant.  Motion carried and ordered unanimously.

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote the meeting adjourned at 7:54 p.m.

 

 

 

 

ATTEST:                                                                     _________________________________

                                                                                    HELEN VOLTZ, CHAIR

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

___________________

SCOTT ELLIS, CLERK

 

 

            (S E A L)