May 22, 2007 Regular
May 22 2007
MINUTES OF THE MEETING OF THE BOARD OF
May 22, 2007
The Board of County Commissioners of
The Invocation was given by Associate Pastor Mark Harpold,
Commissioner Helen Voltz led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the March 8, 2007 Regular Meeting Minutes and April 25, 2007 Special Meeting Minutes. Motion carried and ordered unanimously.
RESOLUTION, RE: SUPPORTING MEMBERS OF THE UNITED STATES ARMED
FORCES AND THEIR FAMILIES
Chairperson Colon read aloud a resolution supporting the members of the United States Armed Forces serving in Operation Iraqi Freedom and abroad and their families.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution supporting the members of the United States Armed Forces serving in Operation Iraqi Freedom and abroad who are carrying out their missions with excellence, patriotism and bravery; and to the families of the military personnel serving in Operation Iraqi Freedom, who are providing support and prayer for their loved ones currently engaged in military operations. Motion carried and ordered unanimously.
Chairperson Colon presented the Resolution to Commissioner Aide Rob Medina; and expressed her appreciation to all of the troops and their families.
PRESENTATION, RE:
BREVARD
INVOLVEMENT AWARDS
Special Projects Coordinator Paulette Davidson stated there are some special awards to present to those County volunteers who exemplified outstanding public service; and presented the Jefferson Award to five individuals as follows: Terry Mayhew, LeRoy Rotgers, Paul Schleub, and Jeanne Nadle; and BRIDGES Volunteer Team, Search and Rescue Team, Victor Churchward, Brooke Morton, and Zoe Underill for the Civic Involvement Award. She advised the local Jefferson Award winners will be submitted to the National Jefferson Awards; and the National Jefferson Award winners will be honored in front of Congress.
PRESENTATION, RE: EMPLOYEE LONGEVITY RECOGNITION
County Manager Peggy Busacca stated there are three employees present today to receive Employee Longevity Recognition plaques who have achieved twenty-five, thirty and thirty-five years of service, as follows: Ricardo R. Ware, thirty-five years of service; William D. Austin, thirty years of service; and Douglas G. Calhoun, twenty-five years of service; and employees who were not present to receive their award was Gregory C. Lugar, thirty years of service; Stephen D. Johnson, thirty years of service; and Steven J. Kehoe, twenty-five years of service.
RESOLUTION, RE: PROCLAIMING HURRICANE AWARENESS AND
PREPARATION MONTH
Commissioner Voltz read aloud a resolution proclaiming May 2007 as Hurricane Awareness and Preparation Month.
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing May 2007, as Hurricane Awareness and Preparation Month; and May 20 through May 26, 2007 as Hurricane Awareness Week, to encourage civic organizations, businesses, municipalities, and all other agencies to help inform residents and visitors of Brevard County on awareness, appropriate preparedness, and safety measures that should be taken for hurricane season. Motion carried and ordered unanimously.
RESOLUTION, RE: PROCLAIMING EMERGENCY SERVICES WEEK
Commissioner Bolin read aloud a resolution proclaiming May 20 through May 26, 2007 as Emergency Medical Services Week.
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution proclaiming May 20 through May 26, 2007 as Emergency Medical Services Week. Motion carried and ordered unanimously.
Fire Rescue Representative Orlando Dominguez stated the Fire Rescue Department distributed Vials of Life that helps save lives in case the first responders respond and the victim is unresponsive, unconscious, and unable to provide information to the paramedics; it will be offered to all of the citizens within Brevard County at no charge; there is a firefighter/paramedic in the lobby distributing those; and it is a little something extra that can be done.
STAFF RECOGNITION
Commissioner Scarborough suggested the Board do something different; the Budget Office and all of those who are working on the budget will have an extraordinary task in 2007; and in anticipation of a long, hard summer he wants to give appreciation to staff for the future hard work.
REPORT, RE: ITEMS TO BE REMOVED FROM THE AGENDA
County Manager Peggy Busacca stated there is an item she would like to remove from the current Agenda; it is Item VIII.A.7, Waiver of Section 62-3204(g)(4)(g), Fence for Wilder Trailer Sales; and that will be moved to July 2007.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to remove Item VIII.A.7, Waiver of Section 62-3204(g)(4)(g), Fence for Wilder Trailer Sales from the Agenda; and to bring the item back to the Board in July 2007. Motion carried and ordered unanimously.
REPORT, RE: UNTIMELY PASSING OF RICHARD GRISSOM
to help repair a last-minute issue so the family could have the services; and the Benefits staff, Risk Management staff, Frank Abbate, Carol Sheffield, Cindy Coleman in County Finance had the check written within hours, Kimberly Prosser, many offers of assistance from Commission offices and other County offices, County Attorney’s Office, and Mel Scott were all instrumental in assisting the family. She stated she wants to read something that Utility Services Director Dick Martens wrote titled Remembering a Friend. “This is a very sad day for our Utilities family. We lost one of our own in a tragic accident. In the blink of an eye the world can change so drastically. Rich Grissom was one of our family and we will all miss him. Keep his memory and his family in your prayers.” Ms. Busacca stated Mr. Martens has a fitting ending. “Life is so fragile and fleeting. Embrace it every day.”
Commissioner Voltz stated Community Educators Credit Union is accepting donations for the family.
Chairperson Colon stated the Board is grateful of how the County employees have handled the situation; and the compassion that was shown by all of the employees was tremendous. She advised County Manager Peggy Busacca’s leadership was truly appreciated during this time; and prayers go out to all of the families that was affected by the accident that happened on I-95.
REPORT, RE: COUNCILMAN DICK BLAKE
Chairperson Colon requested the Board keep City of
REPORT, RE: PASSING OF ODYSSEY CHARTER SCHOOL STUDENT
Chairperson Colon stated a lot of people have heard about the young boy from
REPORT, RE: CONTINUANCE OF BUDGET WORKSHOP
Commissioner Voltz stated since Chairperson Colon is going to leave early from the Regular meeting, and since Judge Tonya Rainwater is the only planned speaker who will
be attending the Budget Workshop, if the Budget Workshop can be continued to Thursday before the Zoning meeting; stated Senator Mike Harodopolis can be present on that day; and that way all the Board Members can be present to hear his comments.
Chairperson Colon inquired if Judge Rainwater is coming to the meeting; with County Manager Peggy Busacca responding Judge Rainwater is available as early as 11:30 a.m. today to make comments; stated the Judge will be out-of-town for the rest of the week; and if the Board wants the Judge to come over to the meeting before it adjourns the meeting today, it can be arranged.
Chairperson Colon stated the meeting can be moved to Thursday if it is fine with the Board; and at 11:30 a.m. today Judge Rainwater can give the Board some feedback.
Ms. Busacca inquired what time does the Board want to have the Budget Meeting on Thursday; with Chairperson Colon inquiring what is on the current Agenda. Ms. Busacca responded Senator Mike Harodopolis had offered to come before the Board and speak about what happened at the Committee meeting yesterday; Legislation Delegation Coordinator Leigh Holt can provide the Board the PowerPoint presentation that was distributed; stated the Board was going to have a telephone call from a gentleman who deals with bond ratings to understand how the bond market is looking at those issues; and those can be rescheduled to Thursday. She advised that staff has additional information to provide to the Board, but that information can be provided to the Board today. She advised the Board can meet at 3:30 p.m. and probably get all of the presentations completed before the Zoning Meeting.
Chairperson Colon inquired if the Board wants to schedule the Budget Workshop for 3:00 p.m.; with Commissioner Voltz responding that is fine as it will give the Board a little time between meetings.
Ms. Busacca inquired if Agenda Specialist Sally Lewis will have time to advertise the Budget Workshop; with Ms. Lewis responding she will not have enough time. Ms. Busacca stated the Board may want to convene the Budget Workshop and then continue it to Thursday.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to continue the Budget Workshop to May 24, 2007 at 3:00 p.m. Motion carried and ordered unanimously.
PRESENTATION, RE: LARRY WEBER, KEEP BREVARD BEAUTIFUL
Executive Director of Keep Brevard Beautiful Larry Weber introduced Deputy Executive Director of Keep Brevard Beautiful Pat Brown; and he thanked all of the County, volunteers, staff, and the municipalities for participation in the event. He stated there is a tie between the City of
population the most trash and number of volunteers; the City of Palm Bay did win the overall most volunteers and cleaned up 72,500 pounds of trash; the winner of Category B is Cocoa Beach; the winner of Category C is Satellite Beach; and the Town of Malabar won, based on population, the most number of volunteers and trash collected.
Deputy Executive Director Pat Brown stated there were 1,336 volunteers and 225,480 pounds of trash collected at this year’s Trash Bash. She advised the winner of the most improved from the previous year is District 2; stated Commissioner Nelson has requested the $500 prize to go to the Sunflower House; and the winner of the District Competition for the most volunteers and the most litter collected is District 5. Ms. Brown awarded Chairperson Colon with the stained glass pelican to display in the District 5 Office for one year.
PRESENTATION –
SAFETY AND MOTOR VEHICLES, DIVISION OF DRIVER LICENSES,
RE:
Florida Department of Highway Safety Representative Selma Sauls stated she wants to give a small presentation on the Florida Grand Driver Program; it is a new program for seniors; its main purpose is to extend the years of safe driving by older motorists; stated it encourages positive education to influence driver self-regulation; and suitable alternatives to driving will be generated. She stated the program is an educational awareness campaign; the Department does public relations, advertising, there is a website, and it can be found in the brochure that was distributed to the Board; and it connects people to the information. She stated it is a growing issue; there are an increasing number of older drivers; and there are higher crash rates among the older drivers. She noted seniors have the least number of crashes of any age group, but when looking at miles driven according to those crashes that is where seniors exceeded teens for the past two years, and that is why there are some programs out there to see if the seniors can be helped. She advised there is a lot of information out there but the seniors do not know where to go to get it; the DMV is going to try to get the information out there; most seniors are good drivers; and most conditions that are related to age do effect driving, so that is what the program is about. She advised it is to compensate for those changes that happen as a person ages and how to stay safe. She stated most people depend on good vision, hearing, and sound cognitive abilities for good driving, and those are the abilities that are affected. She stated the total amount of drivers in Florida are over 15,000,000; there are almost 5,000,000 drivers that are 55 plus; that means one-third of Florida drivers right now are over 55; one of the fastest growing demographics is the 85 plus group; and those are the ones that are in need of alternative transit. She advised by the year 2020, one in four drivers will be over the age of 65; some of the counties are past that; stated Sumter County had a housing development come into it called the Villages, and it went from 2,000 drivers over the age of 55 in 2004 to 43,000 drivers in 2007 over the age of 55; and the total driving
population is 65,000. She stated a lot of times a person is not a bad driver but he or she does not fit the car right; part of the program is a car fit item; and the main driver being observed are the ones with cognitive problems. She stated that is the vulnerable population and who needs to be looked out for. She advised the Alzheimer’s Association says that 50% of the people over 85 years old have some form of Alzheimer’s or Dementia; at any given time in Florida there are 96,000 drivers on the road with some sort of Alzheimer’s or Dementia; and at 65 years plus there are almost 3,000,000 drivers and about 8% of those have some sort of Alzheimer’s or Dementia. She advised the DMV are coming into the County with programs next year sponsored by the American Medical Association (AMA) for Physicians; it is a physician’s guide for counseling and assessing older drivers; a team from the AMA will be speaking to physicians in the Brevard area; and that is who people depend on to talk to loved ones is family physicians. She stated she gives and takes away driver’s licenses every day; that is where her statutory authority ends; in the past those driver’s have been without hookup to the resources needed to meet those peoples needs. She advised the Florida Department of Highway Safety and Motor Vehicles have created a new database of all alternative transit in the State of Florida that anyone can access; it is trying to do this at the driver’s license offices and to the public; and then a person can pull up information about the available local transit. She noted at the point a person has to stop driving, he or she has lost some of the faculties to do that type of connectivity; that is why the DMV is promoting with local county governments a position that is called a Mobility Counselor; and it is a new position that should be in a local community to help people connect to the programs that he or she needs. She advised in the packets that she distributed to the Board there should be a booklet called When You’re Concerned; it is an awesome booklet that is free; and there are some available for the public in the FLOW
Commissioner Voltz inquired if there are really 691 drivers over the age of 100 in
APPROVAL TO
PARK, RE:
Commissioner Scarborough stated under the Consent portion of the Agenda the Board is going to be asked to approve the new name of the community center at Sharpes Community Park as Walter Butler Community Center; Walter Butler is in the audience; stated he has not seen anyone who had as much community spirit and persistence; and Mr. Butler has been an inspiration to many in the community.
Walter Butler stated he said several years ago that people would like to have a community center in Sharpes; he told Commissioner Scarborough he would like to see it before he passed away; he hopes he is not ready to pass away; he appreciates the County naming the community center after him; and stated his appreciation to the Board.
Chairperson Colon stated Mr. Butler is right up there with Martin Luther King, Jr.; the community center in
REPORT, RE:
Commissioner Bolin stated she attended the graduation ceremony at
REPORT, RE: BREVARD ALZHEIMER’S FOUNDATION FUND RAISING BAR-B-Q
Commissioner Bolin stated the Brevard Alzheimer’s Foundation had its fund raising bar-b-q on Sunday; the Foundation served 1,200 plates; when she came over to talk with everyone she did not know she would be given an apron and put in front of the scalloped potatoes; stated her portions were given with her stomach in mind instead of her heart; and stated she apologizes for those people who did not get scalloped potatoes. She
stated Alzheimer’s Foundation Executive Director Chris Stagman told her that the Foundation raised $200,000 from the bar-b-q; it is a good example of the support of the local people, cities, and the County; and it was a grand affair.
REPORT, RE: GRADUATION OF JAN CONRAD
Commissioner Voltz stated her secretary Jan Conrad graduated with her Associates Degree from
REPORT, RE: NEWSPAPER ARTICLE ON NEWEST
Chairperson Colon stated there was a newspaper article on the two newest
Commissioner Bolin expressed her appreciation to James Dean of the
REPORT, RE: ITEMS PULLED BY THE PUBLIC
Chairperson Colon stated the public wants to discuss Item III.A.8, Staff direction for Implementation of the Mims Small Area Study; Item III.B.1, Approval of sale of pet products at animal care centers; Item III.B.3, Authorize advertising for and acceptance of proposals; appoint selection and negotiating committees; and authorize negotiations, award, and execution of Agreement for operation of the Titusville Veterans’ Memorial Fishing Pier Concession; Item III.C.1, Award of Bid No. B-5-07-74, waste tire shredding or removal and disposal services for Wheelabrator Ridge Energy, Inc.; and Item III.D.3, Approve Findings of Fact for denial of P. Anne McDaniel/Jerry Spangler request for easement; and the items will be pulled for discussion.
AMENDMENT #5 TO CONTRACT WITH FLORIDA DEPARTMENT OF
ENVIRONMENTAL PROTECTION, RE: 2007-2017 STORAGE TANK
SYSTEM COMPLIANCE VERIFICATION PROGRAM
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Amendment #5 to Contract with FDEP, extending the current Contract to June 30, 2007; and execute Contract with FDEP for the 2007-2017 Storage Tank System Compliance Verification Program. Motion carried and ordered unanimously.
CONTRACT WITH
IMPROVEMENTS FOR
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contract with Meridian of Brevard, LLC extending the time frame for infrastructure improvements at Meridian Condominium to May 10, 2008. Motion carried and ordered unanimously.
FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: MAYAN
WOODS SUBDIVISION
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant final engineering and preliminary plat approvals for Mayan Woods Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.
RESOLUTION, RE: RELEASING CONTRACT WITH LENNAR HOMES FOR
HERITAGE
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution releasing the Contract dated August 8, 2006 with Lennar Homes for Heritage Isle Subdivision, Phase 6. Motion carried and ordered unanimously.
FINAL PLAT APPROVAL, RE:
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant final plat approval for Mandalay Grove Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.
CONTRACT WITH BROOKWOOD RESIDENTIAL PROPERTIES, LLC, RE:
INFRASTRUCTURE IMPROVEMENTS IN
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contract with Brookwood Residential Properties, Inc. extending time for completion of improvements in Highlands Viera West, Phase 2 for an additional year. Motion carried and ordered unanimously.
CONTRACT WITH ST. JOHNS RIVER WATER MANAGEMENT DISTRICT, RE:
GRANT FUNDING FOR LOW IMPACT DEVELOPMENT LOCAL
GOVERNMENT WORKSHOP
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Grant Contract with St. Johns River Water Management District allowing the County to receive grant funding for provision of a Low Impact Development Workshop within the County for local governments, by the
ADDENDUM TO TASK ORDER 97-32 WITH HDR ENGINEERING, INC., RE:
CONSTRUCTION AND QUALITY ASSURANCE SERVICES FOR THE
SARNO HOUSEHOLD HAZARDOUS WASTE FACILITY
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Addendum to Task Order 97-32 with HDR Engineering, Inc. for construction and quality assurance services for the Sarno Road Household Hazardous Waste Facility, at not to exceed $23,740. Motion carried and ordered unanimously.
PRE-EVENT EMERGENCY AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION, RE: COLLECTION OF DEBRIS DURING NATURAL
DISASTERS
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contract with the Florida Department of Transportation (FDOT) for collection of debris during natural disasters, as authorized by FDOT. Motion carried and ordered unanimously.
ADMINISTRATIVE ORDER, RE: VACATING COUNTY ROADS, RIGHTS-OF-WAY,
AND EASEMENTS
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Administrative Order for vacating County roads, rights-of-way, and easements. Motion carried and ordered unanimously.
TERMINATION AND RELEASE OF CONTRACTUAL RIGHTS, RE: PINEDA
RIDGE SUBDIVISION
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge that all conditions have been met as set forth in Resolution 04-261; and adopt Resolution and execute Termination and Release of Contractual Rights for Pineda Ridge Subdivision. Motion carried and ordered unanimously.
INTERLOCAL AGREEMENT WITH CITY OF
BOULEVARD WIDENING PROJECT
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Interlocal Agreement with the City of
RESOLUTION AND MAINTENANCE MAP, RE:
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution certifying
CONTRACT WITH HAZEN & SAWYER, P.C. AND TASK ORDER NO. 1, RE:
ENGINEERING CONSULTING SERVICES FOR CONSTRUCTION OF WATER
TREATMENT PLANT FOR
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the recommendation of the South Brevard Mainland Water Treatment Plant Negotiating Committee to award Contract to Hazen & Sawyer, P.C. for engineering consulting services related to the construction of a new water treatment plant for the South Brevard Mainland Service Area; execute Contract for the services; and approve Task Order No. 1 under the Contract to begin steps necessary to identify and permit the water supply and brine disposal system. Motion carried and ordered unanimously.
CONTRACT AND TASK ORDERS 1 AND 2 WITH MALCOLM PIRNIE, INC., RE:
WATER SUPPLY IMPROVEMENTS IN
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with Malcolm Pirnie, Inc. for professional consulting services necessary to expand the
raw water supply and water treatment capability in the North Brevard Water Service Area; and approve Task Orders Nos. 1 and 2 to initiate actions required to meet the pending regulatory requirements, and improve water supply capability. Motion carried and ordered unanimously.
APPOINTMENT, RE: BOARD OF DIRECTORS OF COMMUNITY BASED CARE OF
BREVARD
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to allow Housing and Human Services Director Gay Williams to resign from the Board of Community Based Care of Brevard; and appoint Legislative Delegation Coordinator Leigh Holt to the vacant seat. Motion carried and ordered unanimously.
APPROVAL TO
PARK, RE:
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve naming the community center at
ACCEPT PROTEST COMMITTEE’S DECISION, RE: AWARD OF RFP
#P-4-07-03 TO TUSA CONSULTING SERVICES FOR RADIO
SYSTEM STUDY
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept the Protest Committee’s decision to accept a protest of the intended award filed by Tusa Consulting Services; and authorize award of RFP #P-4-07-03 to Tusa Consulting Services to perform a radio system study in accordance with the scope of services indicated in the RFP for the amount of $77,710. Motion carried and ordered unanimously.
AGREEMENTS WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES AND
BREVARD COUNTY HEALTH DEPARTMENT, RE: IMPLEMENTATION
OF LOCAL CHILD CARE LICENSING AND ENFORCEMENT PROGRAM
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contracts with the Florida Department of Children and Families (FDCF) and the
Health Department (BCHD) for the implementation of a local child care licensing and enforcement program. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
ADULT ENTERTAINMENT LICENSING SUSPENSION AND REVOCATION
HEARING PROCEDURE
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the advertising of an ordinance for public hearing to amend Section 62-4964 of the Adult Entertainment Code to clarify the proceedings for the suspension and revocation of adult entertainment licenses. Motion carried and ordered unanimously.
APPROVAL, RE: JOINT MEETING WITH
AUTHORITY
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve a joint meeting with the Titusville-Cocoa Airport Authority scheduled for July 12, 2007 at 1:00 p.m. after the MPO meeting. Motion carried and ordered unanimously.
AUTHORIZE EXECUTION OF DOCUMENTS, RE: BASIC AND SUPPLEMENTAL
LIFE INSURANCE RENEWAL
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize Human Resources Director Frank Abbate to execute any and all contracts, documents, and/or application necessary to secure employer funded basic life insurance available to all full time, permanent employees, as well as retiree funded retiree life insurance and employee funded supplemental life insurance coverage currently available on a voluntary basis to all retirees and full time, permanent employees. Motion carried and ordered unanimously.
APPROVAL, RE: PROPERTY INSURANCE PROGRAM
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve placement of the County’s Property insurance coverage as recommended by Risk Management and proposed by Brown & Brown, the County’s authorized insurance broker. Motion carried and ordered unanimously.
RESOLUTION, RE: ACKNOWLEDGING NATIONAL CLEAN BEACHES WEEK
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming the seven-day period ending on July 5, 2007 shall be observed as National Clean Beaches Week; and encouraging all Brevard County citizens to visit, enjoy, and protect our greatest natural resource. Motion carried and ordered unanimously.
ACCEPTANCE, RE: STATE EDWARD C. BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve distribution for the State Edward C. Byrne Grant Award for FY 2007-2008; authorize the Chairperson to execute the necessary documents; and authorize all necessary budget changes associated with acceptance of the Grant. Motion carried and ordered unanimously.
ACCEPTANCE, RE: FEDERAL EDWARD C. BYRNE MEMORIAL JUSTICE
ASSISTANCE GRANT
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to apply for and accept the Federal Edward C. Byrne Justice Assistance Grant Award for FY 2007-2008; authorize the Chairperson to execute the necessary documents; and authorize all necessary budget changes associated with acceptance of the grant. Motion carried and ordered unanimously.
APPROVAL, RE: REVISED PRECINCT LEGAL DESCRIPTIONS
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Revised Precinct Legal Descriptions for changes to existing precincts due to annexations by the Cities of Cocoa, Melbourne, Palm Bay, Rockledge, and Titusville, including the creation of new Precinct 224 in the City Palm Bay to alleviate overcrowding at the polling place and reorganization of several precincts, as well as the creation of new Precinct 225 due to dissolution of the Viera Central Community Development District. Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.
STAFF DIRECTION, RE: IMPLEMENTATION OF THE MIMS SMALL AREA
STUDY
Walter Pine stated the Agenda came out last Friday; stated he made a simple request for the documents; he has not received those documents; since the Agenda came out Friday it should be in the abilities to provide all public records necessary for the public to make comments on those issues; and by putting the Agenda out two days before the meeting it makes it difficult for the public servants to make those records available. He advised he cannot make comment at this time because he has not received the document; it violates the Public Records Act and the Government in the Sunshine; by not giving the public the records, he or she cannot make cogent comments to effect the political process; and suggested, in fact argued, that the notice of the Agenda three days prior to the meeting is insufficient to meet the requirements for Public Records Law and Government in the Sunshine, and there must be a minimum amount of time necessary to obtain the documents so the individuals can not only simply obtain them, but digest them. He advised some items may require three or four weeks when there are 500 pages to go through in order to understand the action of the County. He noted at this point he has no direct comments on that other than what he already said.
Chairperson Colon inquired when the Agenda is posted for the pubic to view; with Assistant County Manager Mel Scott responding the item is part of the Advanced Agenda. Mr. Scott stated the subject matter of the Agenda item is the Small Area Plan that has been in the process for about one year; the Small Area Plan is on the website; and the materials are not new at all. He advised it is only to inform the Board that staff is about to notify the public to actually start the public process regarding the Small Area Plan; the material can be gotten to Mr. Pine in a matter of minutes; and to everyone who is watching, the information is available to he or she on the website.
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to direct staff to prepare documents needed to amend the Comprehensive Plan, including the Future Land Use Map, in accordance with the Mims Small Area Study’s recommendations, as listed on the Agenda Report. Motion carried and ordered unanimously.
APPROVAL, RE:
Susan Canada stated she has several problems with this issue. She advised she called the South Animal Care and Adoption Center yesterday to check on the scanning for microchips in the animals; she was told with almost 200 animals there is not time enough to scan; on occasion after seven days a stray may be scanned to see if its owned or adoptable; later when she called back and a different employee was there she was told there just was not time for scanning; and inquired how would there be time to sell animal products at the shelter if the employees cannot do what he or she is already told to do. She stated she has been at the shelter where an animal cage may be dirty, a person can say something about that, and a person is told it has been cleaned once that is good enough. She noted if there is not enough time to take care of the main problems then there is not time to add extra to this. She stated she has been told the employees
cannot keep track of all of the animals; a friend called on a Pomeranian that two other shelters had seen at that shelter; when she called yesterday one person had been on vacation and did not know anything; the second person stated that the dog had been there but the paperwork could not be found; and the dog could not be found. She stated the Shelter is under an audit as it is; there is some confusion on the audit and the figures sent in; and inquired since when did the County shelters start competing with the private sector. She stated there are enough pet shops that sell animal products; if the Shelter wants to send home samples of products with an animal she has no problem; but to start in the sales business, the Shelter is competing with the private sector.
Animal Services and Enforcement Director Craig Engelson stated he is not sure who Ms. spoke with at the Shelter but the animals are scanned; and stated staff would be happy to work with her to show her how it is done. He stated the two Pomeranians were transferred from the
issue; he does not feel it is a competition with the private sector; it is a service that is being provided to the citizens who are adopting animals from the Animal Care Center to get them started in good pet care; fleas and ticks are a huge problem in Florida; and if it is available at the adoption process, the citizen will most likely purchase it then and leave with his or her animal flea and tick preventative as well as Heart Guard for the dog.
Commissioner Voltz inquired if the pet products are only for those animals being adopted and it is not for the general public to purchase things; with Mr. Engelson responding only adopted animals.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution pursuant to the provisions of Chapter 14, Article III, Code of Ordinances of Brevard County, Florida, providing for the Brevard County Animal Care Centers to promote animal health and safety by the sale of animal heath care products at said facilities; establish a schedule of charges for optional products; and provide an effective date. Motion carried and ordered unanimously.
AUTHORIZE ADVERTISEMENT FOR AND ACCEPTANCE OF PROPOSALS;
APPOINT SELECTION AND NEGOTIATING COMMITTEES; AND AUTHORIZE
NEGOTIATIONS, AWARD, AND EXECUTION OF AGREEMENT, RE:
OPERATION OF THE
CONCESSION
Walter Pine stated it would be nice to call it by the item by number and to announce the subject matter being discussed for the public. He advised in this particular case it is the Veterans’ Memorial Pier and the request so it can go forward with the Contract. He
stated he came before the Board before when this was a situation; a number of issues were discussed and the Board said it would correct; this is a Veterans Memorial Pier; and the Contract does not contain a Veterans preference. He stated without a Veterans preference a disabled person from the Iraq War will not be given a similar consideration as someone who has three years experience; this is why he raised the three-year experience problem the first time; there are numerous federal programs that will help an individual who is disabled or a Veteran to begin a business a person has never been in; and it would provide the expertise necessary for the individual to be successful. He advised requiring three years experience eliminates an individual who might be returning from serving this country from making use of those programs that provide him the experience to actually perform it and to participate in the Contract; the three years experience should have some sort of an exception because that is what the Small Business Administration does; and it will provide the experience for sole proprietors in small startup business so he or she can be successful. He stated in Section 1 under Special Conditions, it says “The intent of this solicitation is to receive proposals to procure the services of a qualified organization.” He inquired what
happened to sole proprietors and individuals; there is no provision in the Contract to take a proposal from an individual; and that is an oversight. He stated those are changes that people have put in that significantly effect the impact of the proposal; and there are a number of wording issues that are a problem. He advised by looking at paragraph 7 it says, “Florida Public Records Law.” He stated both parties understand that the County is subject to the Florida Public Records Law; he inquired who both parties are; and it should be any or all parties. He stated in the same paragraph it says if someone makes a public records request for the records of the concession and the concessionaire feels those are not public that he or she has to provide legal representation for himself or herself but for the County as well. He stated if the concessionaire wishes to object he or she can already do so; there is a specific legal process already setup for that through the courts; by putting that in the proposal it confuses the process that already exists; it seems to be an attempt to transfer the costs to the concessionaire; and he thinks that is inappropriate. He stated on the issue of net sales, for anyone who has held a business net income is income minus costs; here there are net sales, and it has been discussed before, because it can have a significant impact on what is happening; it is gross sales minus sales tax minus returns; the percentage the individual is paying is based on the cost of the supplies he or she purchases; and the individual is paying a percentage of what he or she purchases as well. He stated the problem is that it tends to create a chilling effect on keeping stock; if a person has to pay a percentage on the stock, one of the ways to decrease the amount he or she will pay the County is decrease the stock; and the whole point is to create rules that encourage sales not discourage them. He stated the proposal needs to be looked at again before it goes out; and he would certainly oppose it on the issue of Veterans preference.
Commissioner Scarborough suggested a member of staff meet with Mr. Pine briefly if there are some wordsmithing and could come back to the Board; and the item can be brought back later in the meeting in case there are some points that could be incorporated.
Commissioner Voltz inquired if he already met with Mr. Pine; with Parks and Recreation Director Don Lusk responding staff has already met with Mr. Pine; and stated a lot of Mr. Pine’s suggestions are word crafting. Mr. Lusk stated a year ago when it was discussed the Veterans preference issue will be taken care of as the County normally takes care of it in how staff sends out the requests for proposals to other people.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize advertisement for the acceptance of proposals from qualified concessionaires for operation of the Titusville Veterans’ Memorial Fishing Pier Concession; establish Selection and Negotiating Committees; authorize negotiations by the Negotiating Committee; award Contract to the best qualified proposal; and authorize the Chairperson
to execute the subsequent agreement and delegate to the County Manager or designee the authority to execute renewal options and amendments as will be outlined in the agreement, contingent upon County Attorney and Risk Management approval. Motion carried and ordered unanimously.
AWARD OF BID NO. B-5-07-74, WASTE TIRE SHREDDING OR REMOVAL AND
DISPOSAL SERVICES, RE: WHEELABRATOR RIDGE ENERGY, INC.
Cliff Repperger, Attorney representing Nico Industries USA, LLC, stated there was an invitation of bid that was issued by the County on March 1, 2007 for Waste Tire Shredding or Removal and Disposal Services; Nico Industries USA, LLC is a waste hauler company that submitted a bid on March 21, 2007; and Nico was the apparent low bid at that time. He advised Nico was in compliance with all of the requirements of the bid documents at that time of the submission; and after initially determining that Nico was the low bidder, staff then revised the bid tabulation sheet on April 3, 2007 deeming that Nico was non responsive because there was not an FDEP Waste Tire Collector Registration at the time of submission. He stated once Nico was deemed non responsive, the company went out and obtained the registration; the bid documents stated that a company should have all required permitting prior to beginning work; Nico had that prior to the award being official; a bid protest was filed at that time; and after the bid protest on April 25, 2007 the Bid Protest Committee determined that Nico would not receive the award. He stated there is a difference of $36,000 between Nico’s bid and the awarded bid; that is important to consider given the light of the current situation regarding property taxes and budget issues; a $36,000 difference in a bid award for tire
disposal is significant; it is something that the Board should consider. He stated part of the concern that was raised at the Bid Protest Committee is the fact that Nico is not a waste disposal facility but rather a hauler; Nico has contacts with appropriate approval disposal sites that can be made a part of the Contract as far as disposal services to the County; all of the disposal sites are appropriately licensed; and there is no prohibition to the award by the County to Nico Industries for this bid. He stated the Protest Committee should have reversed the decision of staff to award to Wheelabrator Ridge Energy, Inc. and to award to Nico; and requested the Board reverse that bid and to award to Nico Industries USA, LLC.
Central Services Director Steve Stultz stated all of the bid documents have certain general conditions that are included in the bidding documents; included in the bidding documents is a general condition regarding licensing and certifications; included in that statement is “proof of license and or certification may be required prior to bid/bid award. Bidder shall fully comply with all federal and State laws, County and municipal ordinances, and regulations in any manor affecting the performance of the work”. He
advised this was provided to the Protest Committee as information during the hearing; attached to the Agenda Report is the related sections of Florida Administrative Code concerning the hauling license requirement; it indicates no one can contract with anyone prior to obtaining those licenses; and it also includes that the application should be filed with Florida Department Environmental Protection at least 30 days prior to contracting. He stated based upon the information provided in related sections in Florida Administrative Code, the Protest Committee determined that Nico Industries USA, LLC did not comply with the intent of the Bid.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Purchasing staff’s and a subsequent Protest Committee’s determination that a bid submitted by Nico Industries USA, LLC was non-responsive to the submittal requirements of the Invitation to Bid; and authorize award to the lowest responsive and responsible bid submitted by Wheelabrator Ridge Energy, Inc. for an estimated annual amount of $341,088. Motion carried and ordered unanimously.
APPROVE FINDINGS OF FACT, RE: DENIAL OF P. ANNE MCDANIEL/JERRY
SPANGLER REQUEST FOR EASEMENT
Cliff Repperger, Attorney representing P. Anne McDaniel and Jerry Spangler, stated although he understands that the Board at this time feels it is obligated to adopt the Resolution in front of it and that it has been prepared because the County Attorney has advised it that it is appropriate to enter that Resolution, he respectfully disagrees with the entry of the Resolution today because the Application was originally considered by the Board on March 20, 2007; a petition for Writ of Certiorari was filed in Circuit Court to appeal that decision within 30 days after the Board decision was rendered; pursuant to
the Board Memorandum of action filed on March 21, 2007, which he believes to be the date of official action of the Board on this action; the County is attempting to adopt Findings of Fact that are not truly representative of the nature of the proceedings and mistakes and misapplies the law at issue at the time of the hearing; and it is an attempt to frame the issues in an after-the-fact way to frame it in the light most favorable to the County. He advised although the Resolution gives what it terms official notice of the applicable law and ordinance provisions, many of those that are cited in the Resolution do not apply to the applicants original request and were not considered at that hearing; he specifically states that the request was not development and the applicant was not seeking to modify a plat as is stated in the Resolution; he objects to all of those references in the Resolution that characterize the applicants original request as either development or a modification of a plat; and many of those sections were not discussed or considered in any way at the public hearing on March 20, 2007. He stated Section 62-102, which allows administrative approval of the access by easement as requested and applied for, has been applied in numerous similarly situated approvals where other legal authorities that are referenced in the Resolution were not referenced at that time; it
was cited to the Board at the original hearing on the matter; and factually he disagrees with a number of Findings that are not consistent with the record in the case. He stated with regard to 6.A it states that P. Anne McDaniel is the owner of Lot 10; that is not the case, Jerry Spangler is the owner of that lot; 6.B states that the easement will serve Lot 10; it will not serve Lot 10, it will serve Parcel 52, although it will be consistent with the access driveway for Lot 10; and the applicant never stated how large a house on Lot 10 would be. He advised the applicant showed a 40x40’ building envelope as it is required under Section 62-102; the applicants believe a 4,000 square foot house can be located on
own merit and/or to reopen the public hearing to the applicant so a further opportunity to address the items that are found in the Resolution, or to rescind and vacate the Board’s original decision and to reconsider the item anew.
County Attorney Scott Knox stated given those objections it would be nice for the Board to rehear the case. Chairperson Colon inquired what should the Board do; with Mr. Knox responding it should be reheard at a public hearing and readvertise it.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, not to approve the Findings of Fact denying the request to allow an easement to be placed on Lot 10 of the Rosehaven Subdivision for a driveway access to a fifteen-acre landlocked property for the propose of applying for two building permits; and direct staff to advertise for a public hearing to rehear the case. Motion carried and ordered unanimously.
PUBLIC COMMENTS
Evelyn Morrison stated she is present to honor those who lived and died so people could enjoy the freedom of being American; she is present to honor those who struggled, fought, and died in the name of civil rights, known and unknown, so that people in America could be the beneficiaries; May 17, 2007 marked the 53rd anniversary of the Supreme Court Case decision Brown v. Board of Education in Topeka, Kansas; the case examined the question of separate but equal only to discover by the scholars that there was a great psychological impact on unequal treatment; and the scholars also learned that the remedies to the question would need to be held up by every American. She advised she stands there today, as well as anyone under the age of 53, and would recognize the benefits of this particular pre-civil rights legislation and education that everyone received; today there is a great need to explore a more holistic multicultural approach to education for the children; the children represent the entire world of different cultures; and being taught with some background pressure of passing the FCAT. She stated it is a burden for some teachers in some school districts faced every day; it is time that the educators are encouraged to have an opportunity to discover his or her multicultural selves and how he or she relates to the whole world of cultures; and self awareness is good for everyone. She stated remember those who had the same struggles in the 1960’s, all of the bright lights to show the world and knew America was not yet there in the human relations dream; to some the American dream of freedom became a nightmare; stated she is hopeful to see a small light in the pitch black tunnel; and that is what hope does. She stated she stands today to open a dialog with the County leaders, both male and female, who personally know what the power of high self-esteem means to themselves and others; the confidence to walk on the straight and narrow without flinching when a person chooses to do the right thing for the right reason at the right time. She stated today she speaks to the Board on the civil rights esteem of Brevard County; the County currently has no civil rights legislation; and it is about to experience an economic shift that will mean an alteration in the way things are done
economically. She noted everyone knows that it is time to tighten his or her belts and do more with less; anyone still present who experienced the Great Depression knows how it is to survive the challenging times; and Brevard will survive economically. She stated at the these times when frustrations run high and the fear of losing a job broadens and sometimes people treat each other in ways he or she would not have in other circumstances; many County residents believe that now is the time that a dialog is needed about the need for civil rights legislation; he or she believes that Brevard County has to come into the 21st Century regarding adopting the Florida State Statutes Chapter 760; and the purpose of that is to secure all individuals within the State freedom from discrimination because of race, color, religion, sex, national origin, age, and handicap, which should be changed for persons with disabilities, or marital status’ and thereby to protect peoples interest and personal dignity to make available to the State his or her full productive capacities to secure the State against domestic strike and unrest; to preserve the public safety, health and general welfare; and to promote the interest, rights, and privileges of individuals within the State. She stated she truly believes the Florida Statute speaks for all people; and it reflects the Civil Rights Act of 1964, the amendment of 1991, and is still one of the most powerful pieces of basic legislation in the history of the . She advised the County would be amiss to
continue in the past stride of no civil rights due process for its citizens. She encouraged the Board to bring its federal and State legislation to bear witness in the County; the act of adoption would be a minimal expense; and she compares it to the $30,000,000 that is being and has been spent for the Harry T. and Harriette V. Moore Justice Center that is named in honor of America’s first civil rights martyrs. She stated the Justice Center is bricks and mortar, which are important, but the letter in the spirit of the law exceeds all brick and all mortar in the hearts and actions of Americans; and suggested the Board review the Florida Civil Rights Act of 1992 and understand it is what is needed to protect the dignity of the seniors, those with mental and physical disabilities, and all those protected classes, and with honor decide to make it a legislative reality in Brevard County.
Walter Pine stated he has heard numerous comments of a religious basis and people who support the Creator, but it seems that people have forgotten things; and people have forgotten what a Veterans preference is; those men and women go out and protect everyone’s rights. He advised the Declaration of Independence says it best, “To hold these truths to be self-evident that all men are created equal and endowed by their Creator with certain unalienable rights, that among these are life, liberty, and the pursuit of happiness-that to secure these rights, governments are instituted among men deriving their just powers from the consent of the governed”. He stated it means those rights are given to the people by the Creator, and how people exercise those rights and what he or she does with them is a lot to do with people’s relationship with the Creator. He stated those rights are important; rights are necessary to the continued existence of man in the perfection of personal being of a human condition; time and time again those rights are being violated by the Board; and if anyone in Brevard County violates a persons rights and the Board does not stand up against that evil, it has by its silence tacitly approved that evil. He stated the Board has tied the resident’s arms, legs, and denied the peoples
civil rights; it has refused to recognize the Veterans; the so called Veterans preference with the Veterans Memorial Pier is simply that staff notifies the Veterans; and that is not a preference. He stated he hopes the public remembers this; stated he tried to give the Board very direct and specific comments; he spoke to Parks and Recreation Director Don Lusk the highlights earlier today; and many of the notes he gave Mr. Lusk are the same notes he gave him the last time.
Bea Polk inquired why the monies are being transferred out of the 2000 Referendum; in Marina Park there was $1,480,000; the first transfer of money was $150,000; all of it keeps going to the lakes; then $1,206,000 was transferred out; and inquired how much money is in the Marina Park Referendum. She stated staff says the money is there; and inquired if the money is constantly coming out how it can be there. She stated she asked how much interest was earned on the money; those projects in 2000 named exactly what each project was to go for; the County bought land that was not mentioned; and the Board told the public that the money would go towards Marina Park. She stated the Board has lied to the public about what the Referendum was for; and inquired where is the money, and what is the Board going to do about it. She stated somewhere along the line something has to be changed; this needs to be investigated and find out where
the money went; and inquired if three County Commissioners approve to take $1,206,000 at one time out of one project. She stated one person does not have the right to move money out of a direct project that was voted on by the public and change it to another project. She inquired exactly how much money is still in this one project of Marina Park.
Joan Wheeler stated she read the article in the newspaper yesterday about the two new Commissioners; some people may like what was said and some may not; it seemed that some people were concerned that Commissioner Nelson had hired two Democrats and he is a Republican; and Governor Crist gave great congratulations to the man that helped him get a paper trail voting system named Robert Wexler, a Democrat. She inquired if people cannot work together how can he or she work apart. She stated it is silly to go by what party someone is in rather than the person. She stated Commissioner Nelson was applauded for telling legislators that games were being played; having spent 15 years with Parks and Recreation he well knows about playing games; and now he is in a position he does not have to play games at all. She stated she is tired of game playing with Marina Park and the public’s money; it is not ever getting done; and inquired when does it end. She stated she does not care how it is done, the public wants it done and do not want the money thrown away so it cannot be used for Marina Park.
Mark Soliman stated he will challenge the Wickham Road Intelligent Traffic System bid results; he wants to state his intentions on public record why he is doing so; he has been promoting the use of wireless connectivity in lieu of proposed Fibercon connectivity; and not only to save a lot of money but to establish a foundation of a fully integratable emergency response communications and security network in Brevard County. He advised he met with staff and Commissioners over the past six months; he is not challenging what has been done as it was planned with proven technologies and
accordingly at the time; but to introduce technology and concept that has reached maturity over the past two years while the Board and staff was doing its work. He stated time is of the essence, and he has committed to serving this. He stated he wanted to state this on public record, and requested the Board not take offense by it.
Commissioner Scarborough stated Parks and Recreation Director Don Lusk was in the process of writing a letter to Joan Wheeler indicating that on June 14, 2007 there will be a full discussion on all of the different projects; he does not know all of the numbers; there is about eleven million dollars in Bond money; and there is money that is due the County from some resale’s to St. Johns River Water Management District and some stormwater monies, to total approximately fourteen million dollars in funds. He stated as those projects come forward the County will try to meet them; the Board has tried to push the fishing pier forward; it was hit by two hurricanes and a boat ran into it; it was originally under the referendum just to be refurbished; and there is no sense in only refurbishing it. He advised there is probably FEMA money and with the additional bonding it can happen. He stated between two and one half and three million dollars would be uncommitted; a lot of the projects have been essentially completed; and then there is augmenting. He stated the Parks and Recreation Board is the appropriate place
because there are subcommittees; there is a lot of wonderful discussion with consultants and how to make things work at a minimal cost; it will be a good product; and he hopes at the end of the day everyone will feel like he or she has the opportunity to find out everything.
Commissioner Voltz stated almost every meeting someone speaks about Marina Park; it has been one thing after the other; being from the opposite end of the County she does not know exactly what is happening in Titusville; and requested an outline to show what has been going on and what is going to happen so she can better understand the situation. She stated it sounds like the County is hiding money or doing something wrong; and inquired exactly what is happening in the north end of the County.
Chairperson Colon stated every time the issue has come up at a meeting Commissioner Scarborough has explained perfectly what has been going on time and time again; he has been clear in giving the Board what has happened and transpired; and inquired if Commissioner Voltz is requesting a little bit of the history. Commissioner Voltz advised she appreciates all the information Commissioner Scarborough has given the Board; and requested the pieces of the puzzle put together.
Commissioner Scarborough stated Parks and Recreation Director Don Lusk and his staff are going to take the whole matrix of different programs; a lot of it is going to be proposed and requested; it is not that the Board has requested it; and stated after the June 14, 2007 meeting the Board will have sort of a matrix of the options. He stated when there is fourteen million dollars in the bank there are a tremendous number of options; and some of them are more important than others. He advised the County is trying to get the FEMA money for the fishing pier, which is one million dollars plus; and he will get the Board the big picture after the Parks and Recreation Board meets in June.
Commissioner Voltz requested the history of what has gone on, the matrix of where it is going, so that she can see the big picture.
Chairperson Colon inquired if the Florida Civic Rights Act pertains to everyone; with County Attorney Scott Knox responding it applies throughout the State. Chairperson Colon inquired if the Board has to pass something for
of a due process. He stated it will prevent a large budget being established to fight those cases if it is directly against the County; and through education and training it prevents those types of situations as well.
Chairperson Colon suggested County Attorney Scott Knox talk with Ms. Morrison; he can give the Board a better idea of where Ms. Morrison is coming from; and at that point the Board will determine if it is something it wants to go forward.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND
DRAINAGE EASEMENT IN KERRY DOWNS CIRCLE SUNTREE PUD –
STEPHEN P. PASCOE
Chairperson Colon called for the public hearing to consider a resolution vacating public utility and drainage easement in Kerry Downs Circle Suntree PUD, as petitioned by Stephen P. Pascoe.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution vacating a public utility and drainage easement in Kerry Downs Circle Suntree PUD, as petitioned by Stephen P. Pascoe. Motion carried and ordered unanimously.
PUBLIC HEARING TO WITHDRAWAL REQUEST, RE: RESOLUTION VACATING
PUBLIC UTILITY AND
VICTOR M. RODRIGUEZ (DUKE PROPERTIES)
Chairperson Colon called for the public hearing to consider a withdrawal request of resolution vacating public utility and drainage easement in Port St. John, Unit 5, as petitioned by Victor M. Rodriguez (Duke Properties).
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to withdrawal the request to vacate public utility and drainage easement in Port St. John, Unit 5 as requested by Victor M. Rodriguez (Duke Properties); and authorize refunding the previously paid fee of $640 for processing, advertising, and recording costs associated with the vacating. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: ORDINANCE AMENDING ARTICLE II, SECTION 2-73,
BREVARD
STORMWATER UTILITY DEPARTMENT AND NATURAL RESOURCES
MANAGEMENT OFFICE
Chairperson Colon called for the public hearing to consider an ordinance amending Article II, Section 2-73, Brevard County Code of Ordinances, merging the Stormwater Utility Department and Natural Resources Management Office.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Ordinance amending Article II, Code of Ordinances of Brevard County, Florida, amending Section 2-73 providing for the departmental structure of County Government; providing for conflicting provisions, severability and an effective date. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION CONFIRMING PRELIMINARY
ASSESSMENT
AND IMPROVEMENTS MUNICIPAL SERVICE BENEFIT UNIT
Chairperson Colon called for the public hearing to consider a resolution confirming the preliminary assessment roll for Tangle Run Boulevard Purchase and Improvements Municipal Service Benefit Unit.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution confirming the preliminary assessment roll for The Tangle Run Boulevard Purchase and Improvements Municipal Service Benefit Unit and recording of the assessments in the Brevard County Clerk of Courts Official Records Book; and providing an effective date. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: ORDINANCE FOR ADOPTION OF THE 2006B
COMPREHENSIVE PLAN AMENDMENT PACKAGE
Chairperson Colon called for the public hearing to consider an ordinance for adoption of the 2006B Comprehensive Plan Amendment Package.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled “The Comprehensive Plan”, setting forth Plan Amendment 2006B; amending Section 62-501, entitled Contents of the Plan; specifically amending Section 62-501, Part XI, entitled The Future Land Use Element; and provisions which require Amendment to maintain internal consistency with these
Amendments; providing legal status; providing a severability clause; and providing an effective date. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: ORDINANCE FOR ECONOMIC DEVELOPMENT TAX
EXEMPTION FOR MATRIX COMPOSITES, INC.
Chairperson Colon called for a public hearing to consider an ordinance for Economic Development Tax Exemption for Matrix Composites, Inc.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Ordinance granting an Economic Development Ad Valorem Exemption to Matrix Composites, Inc., 275 Barnes Boulevard, Rockledge, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Matrix Composites, Inc.; and providing an effective date. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: ORDINANCE PROVIDING FOR LEVY OF AD VALOREM
TAXES WITHIN THE TOWN OF
TOWN OF
MSTU
Chairperson Colon called for a public hearing to consider an ordinance providing for Levy of Ad Valorem Taxes within the Town of
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Ordinance amending Brevard County Ordinance No. 87-06, pertaining to the Law Enforcement Municipal Services Taxing Unit; authorizing inclusion of the incorporated limits of the Town of Malabar, Florida within the boundaries
of
UTILITY EASEMENT SUBORDINATIONS TO DEVELOPERS AGREEMENT WITH
TOWNE REALTY, INC., RE: WINSLOW RESERVE SUBDIVISION
Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Utility Easement Subordinations to Developer’s Agreement as requested by Meridian of Brevard LLC by Towne Realty, Inc. for Winslow Reserve Subdivision; accept the indemnification language in the easements; and release the security and performance bond that was provided to cover the estimated cost of relocating the subject utilities. Motion carried and ordered unanimously.
ASSIGNMENT OF OPTION TO PURCHASE WITH THE NATURE CONSERVANCY,
RE: VERO-PITTSBURGH PARTNERS, LLC PROPERTY
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Assignment of Option to Purchase with The Nature Conservancy for the Vero-Pittsburgh Partners, LLC property; and authorize staff to exercise the Option for
ASSIGNMENT OF OPTION TO PURCHASE WITH THE NATURE CONSERVANCY,
RE: MYRON TAYLOR PROPERTY
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Assignment of Option to Purchase with The Nature Conservancy for the Myron Taylor property; and authorize staff to exercise the Option for
ASSIGNMENT OF OPTION TO PURCHASE WITH THE NATURE CONSERVANCY,
RE: JOHN AND GLORIA WHITE PROPERTY
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Assignment of Option to Purchase with The Nature Conservancy for the John and Gloria
White property; and authorize staff to exercise the Option for
RESOLUTION AND APPROVE EXECUTION OF GRANT AGREEMENT, AND
BUDGET CHANGE REQUESTS, RE: MAX K. RODES PARK DEVELOPMENT
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution authorizing the submission of a Land and Water Conservation Fund (LWCF) Program
Grant Application to the Florida Department of Environmental Protection for funding for the Max K.
AUTHORIZE GRANT APPLICATION, RE: OLIVER’S CAMP
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize staff to work with
The meeting recessed at 11:11 a.m., and reconvened at 11:29 a.m.
DISCUSSION, RE: JUDICIAL COURT FACILITIES
Chairperson Colon stated the budget workshop was moved to Thursday, May 24, 2007; but the Board would like to get some feedback from Judge Tonya Rainwater.
Judge Tonya Rainwater stated as Chief Judge she is aware of the following: there are overcrowded court dockets; the growth in the number of Brevard County Judges from 22 to 27 in the past two years; the Florida Supreme Court’s recent certification of the immediate need for two additional judges for Brevard County; and the hopeful likelihood that the Legislature will fund those judges to begin work by January 2009. She stated this is all the things that have been gone over before in coming to the Board for approval of expansion for the
have that started. She advised during the lengthy process of planning and constructing the Courthouse the Stakeholders Group was convened in 2006; there was 16 members
in the Group, a diverse membership, that determined that the provision of additional space should begin immediately; and that was determined in February 2007 in order to have it occupied by January 2009. She stated the Board wanted her to list the consequences of not constructing the expansion. She stated the impact of the judiciary would be significant; two judges and two judicial assistants would not have offices; three associated employees who manage cases and perform legal research would not have
offices; the judiciary would have two fewer courtrooms that are needed to be productive; and the judiciary would need leased or
severely overtaxed; public restrooms would be insufficient to accommodate additional visitors to the court facilities; lengthy delays would occur at the front door security area; the courthouse hallways would become dangerously crowded; and space for jurors would become a critical problem. She noted trials may be delayed due to waiting time for available courtrooms; and jail population would likely increase because of the delays. She stated only 25% of the proposed expansion space is allotted to the judiciary; and the rest of the space is for the State Attorney’s Office, which would accommodate their space for the Public Defender’s Office. She stated if the proposed expansion is not constructed the State Attorney and Public Defender Offices would continue to have a critical space need. She stated 2007 Legislation assigns to the Board the facility-related responsibility for the newly created alternate Public Defender’s Office; this is a conflict council proposal; and it will take effect October 1, 2007, which requires an alternate Public Defender rather than the Conflict Council appointments that have been done for the last several years. She further stated it would be a significant impact if the Board changed course and decided to try to accommodate the needs in another way. She advised the Committee made a further recommendation that the Board needs to move immediately towards construction or planning for a
Commissioner Nelson stated the Board is aware of what would happen if the facility is not built; and inquired how will the courts accommodate if the money was not there to build it. He stated the $2.1 million is part of the ill-gotten gain that the Board has been accused of; it was part of the General Fund; and it equates to almost 40 positions. He stated the decision the Board is being asked to make is to fund the facility now and it may have to cut other programs to build it.
Judge Rainwater stated what has been done in the past is for the first three months of the year the personnel was doubled up in offices; the only reason a judge doubled up in
an office was a judge was lost; and a senior judge was roaming from place-to-place. She stated the judicial assistant was in the hearing room so the hearing room was not
available for court proceedings; currently there is a staff attorney in a deposition room because there is no space for her until the first floor is finished; the courthouse is bursting at the seams; in the past there have been civil trials move to Building C of the Government Center and try civil cases there; and this procedure is dangerous. She
advised there are security issues; normally criminal and family cases as being the ones that are more security conscious; but civil proceedings there are hot tempers and people
have major concerns with money. She stated with any kind of court proceedings there should be security, not only for the people directly involved, but for people in the building; if the court proceedings are in Building C of the
security would have to be addressed for the entrances. She stated there is a space available for a judicial judge at the Titusville Courthouse; it is not well designed; security is an issue; and a month ago someone ran away before taken into custody. She stated it is an issue the judicial has to deal with. She urged the Board not to make any final decisions until the Legislature says what it has to do.
Commissioner Nelson inquired if the County is still moving forward with the RFP and it is not stopping at this point in time; with Assistant County Attorney Stockton Whitten responding the Board directed staff to issue the RFP and bring it back to the Board. Commissioner Nelson inquired if there is any opportunity to expand hours, which is a nice way of saying night court; with Judge Rainwater responding it has been talked about. She inquired if a judge who does night court will use another judge’s office; she further inquired if someone will be able to choose to come to night court versus day court; and inquired how to notify people regarding that as there are child care issues for some people.
Commissioner Scarborough stated on the Agenda there is the purchase for the Sheriff, there is the issue of $700,000 for the State Attorney, and there are the facility questions. He stated the facility questions are impacting operational budgets; and suggested the Board meet a little bit earlier on Thursday and review the whole concept of how the facility issues with the judicial, Sheriff, State Attorney, and Public Defender could impact the budget. Chairperson Colon inquired if Commissioner Scarborough wanted the Board to meet at 2:00 p.m. on Thursday; with Commissioner Scarborough responding yes. Chairperson Colon requested that Judge Rainwater spread the word that the Board is going to meet on those issues at 2:00 on Thursday.
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY ON SYKES
CREEK PARKWAY MERRITT TOWERS CONDO ASSOCIATION, INC.
Chairperson Colon called for a public hearing to consider a resolution vacating right-of-way on Sykes Creek Parkway Merritt Towers Condo Association, Inc.
Transportation Engineering Director John Denninghoff stated the applicant had to leave today with the understanding that the item would be continued until July 10, 2007.
Commissioner Nelson stated just for the Board he had some questions regarding the giving up of a right-of-way in that intersection, there may be future improvements that have not been contemplated yet, and there are other users that have eyed some of that right-of-way that should be part of the discussions; and he appreciates the applicant wanting to continue the item.
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to continue the public hearing to consider a resolution vacating right-of-way on Sykes Creek Parkway, as petitioned by Merritt Towers Condo Association, Inc. to July 10, 2007. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: ORDINANCE FOR ADOPTION OF FIRST SMALL SCALE
COMPREHENSIVE PLAN AMENDMENT FOR 2007, 07S.01
Chairperson Colon called for a public hearing to consider an ordinance for First Small Scale Comprehensive Plan Amendment for 2007, 07S.01.
Commissioner Nelson inquired if Planning and Zoning Director Robin Sobrino was able to get any information on the item regarding the way the LPA Board voted; with Ms. Sobrino responding she spoke to Laurilee Thompson who had made the motion at the LPA meeting. Ms. Sobrino advised it was Ms. Thompson’s position that she felt it was a isolated piece of property in private ownership surrounded by publicly held conservation lands to the east, west, and south; and on that basis Ms. Thompson felt that the request for the density would be reasonable. Commissioner Nelson inquired if it is expanded by one with possibility for further expansion; with Ms. Sobrino responded by looking at Residential 1:2.5, given the size of the property, which is just under 10 acres in size, the zoning on the property would allow for 2 ½-acre sites and there is a potential for three units on the property with that Comprehensive Plan designation that is being requested. Commissioner Nelson advised he will not be supporting the item.
Commissioner Scarborough stated the item will be a difficult one for the Board; it could possibly go either way; and there were several conversations with the Planning and Zoning staff, applicants, Fred Kusterer, who is sort of the unelected mayor up there, as well as Laurilee Thompson. He stated there is a map that staff put before the Board and a split could be done. He advised the Citizens Resource Group recommended denial of the item; the reason the Board may find a problem in approving it is when taking page 8 in the Agenda, it shows the nature of the beast; and there is a conservation area and around it there is agricultural land; and the County is being asked to change it to residential not agriculture. He stated he asked Planning and Zoning Office Planner Randy Hunt where is the closest residential land use, and it is one and one half miles; it would be a zoning-type environment with a land use map type component; because all of the people who were involved in the Small Area Plan seemed to be agreeable to it, he
is going to support what staff is bringing forward; but any time a land use map begins to look like a zoning map the Board is not doing right by the overall concept of land use maps.
Commissioner Voltz stated by looking at the map on page 9 the amount of agricultural property in that area is quite a bit; if the Board looks at future growth and growth happening around all of that agricultural land, if it zones it residential now there will potential for all of that agricultural land surrounding the property to be rezoned; and she will not be supporting the item.
Commissioner Scarborough stated the item may not get the support of the majority of the Board, but since he has worked with the community and the community feels okay with it, he is going to move it; and he wants to have it stated in the record how it would apply in accordance to that particular map Parcel A and Parcel B.
Ms. Sobrino stated the applicant submitted a survey to staff; copies have been distributed to the Board; the applicant is proposing to split the property if a Comprehensive Plan Amendment is approved into two parcels; the applicant is willing to accept that Parcel A as depicted on the survey be designed a change from Private Conservation to Agricultural; and for Parcel B, which is the southerly portion of the survey, that it be designed Residential 1:2.5.
Motion by Commissioner Scarborough, seconded by Chairperson Colon, to adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the First Small Scale Plan Amendment of 2007, 07S.01, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI(E), entitled The Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing and effective date. Motion carried and ordered. Commissioner Nelson and Commissioner Voltz voted nay.
PUBLIC HEARING, RE: RESOLUTION FOR SECOND QUARTER SUPPLEMENTAL
BUDGET FOR FY 2006-2007
Chairperson Colon called for a public hearing to consider a resolution for Second Quarter Supplemental Budget for FY 2006-2007.
Commissioner Bolin stated she wanted to put into the record that the Board will be able to do the Phase Two of the mental health facility and $500,000 will go to that, and Phase Three of the Jail expansion in the amount of $2.6 million.
Commissioner Voltz stated the travel expense for the Legislative Coordinator makes it look like the County is paying extra for the County to go up and fight tax relief, so she will not support that; the design and permitting for Veteran’s Memorial Garden at Veteran’s Park is a good project, but while trying to cut a budget it is not something the Board
should approve; and the annual debt service for River Shores dredging project for $34,000 for ten years should not go forward. She stated those items should be put off at this time.
Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution approving a Budget Supplement and Amendment for the Fiscal Year ending September 30, 2007, pursuant to Chapter 129, Florida Statutes, authorizing the Board of County Commissioners to approve a Budget Supplement and Amendment for the fiscal Year ending September 30, 2007, and providing an effective date. Motion carried and ordered. Commissioner Voltz voted nay.
PUBLIC HEARING, RE: ORDINANCE FOR ADDITIONAL
FOR SENIOR CITIZENS
Chairperson Colon called for a public hearing to consider an ordinance for additional homestead exemption for senior citizens.
Commissioner Bolin stated she wants to have the item held off until the County knows what happens at the Legislative level. Commissioner Scarborough stated he was advised that the Board has to act immediately on the item.
Commissioner Voltz stated it does not seem like that much money, but the Board is looking at cutting budget. Chairperson Colon inquired if Commissioner Voltz does not want to support the item; with Commissioner Voltz responding the Board should not do it at this time.
Commissioner Nelson stated he believes the ordinance is something that the citizens of the State of
Commissioner Scarborough stated it is tax relief, not by the Legislature but by the people of
Commissioner Bolin stated she wants to make sure it is for low income; with Mr. Whitten responding it is an exemption for senior citizens 65 and over meeting a certain income requirement of $24,214.
Commissioner Voltz stated the additional homestead exemption that the Governor has passed will give everyone an additional $25,000 exemption for everyone; and inquired if it will affect this item. Mr. Whitten responded the seniors currently have the traditional homestead exemption and a $25,000 low income exemption, and this is up to another $25,000 homestead exemption; he is not sure if the Governors proposal for an additional homestead exemption is still on the table. Commissioner Voltz advised she will support the item.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance relating to Ad Valorem Taxation; providing for an additional homestead exemption for certain eligible senior citizens age 65 and over to be applied to millage rates levied by the County; providing requirement of annual application and submission of support documentation; providing for waiver of exemption; providing for an annual adjustment in the income limitation; providing for severability; providing an effective date; and inclusion in the Code. Motion carried and ordered unanimously.
LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE, RE: PROPOSED
REGULATIONS FOR DOCKS ON UNIMPROVED PARCELS
Attorney Philip Fougerousse stated this has gone back over a year; he came before the Board at that time; his clients got some bad advice from people; his clients ended up with a boat dock that did not comply with the local zoning; and there were problems with Code Enforcement. He stated his clients went through the vested rights process to no avail; he came before the Board appealing for mercy; and the Board wanted to honor the integrity of the vested rights system as far as the Special Magistrate, but it wanted to give some relief to his clients as well as others who were in a similar situation. He stated at that time staff was directed to begin the process of an ordinance change; the process has gone on for some time; but it appears for the information he has received there is a product that will give relief to not only his clients but other as well. He thanked the Board for getting it to this point.
Patrick Keefe stated he wants to bring the Board’s attention back to 2004 when it directed staff to review the dock ordinance and to put together a Dock Ordinance Review Committee; after the hurricanes staff did not have time to review the ordinance; the capable leadership of Mel Scott was lost; and now that Mr. Scott is back it looks like there may be possibility of putting the Dock Ordinance Review Committee back together. He stated he went on the Property Appraiser’s website today and all of the lots being discussed today and those people are getting taxed for waterfront dock sites. He stated in the neighborhood previous permits and variances have been issued for the docks. He advised that back in the 1970’s when the neighborhood was created the dock lots were for sale to anyone; anyone in the neighborhood could have bought the lots; and anyone who did not want people to have docks at the lots could have bought them.
Commissioner Nelson stated there are a series of violations where docks were not permitted, they have now been put in place, it went through the Special Magistrate, and the docks were found to be not in compliance, and now an ordinance is being created to make those docks legal; and inquired if that is what the Board is doing. Planning and Zoning Director Robin Sobrino stated she would not tar all of those parcels with the brush, but there are number of them that are in that circumstance. Commissioner Nelson inquired if under the ordinance as proposed has a habitable structure but no dock it can now get a dock; with Ms. Sobrino responding yes, under the current ordinance that is in place. Commissioner Nelson responded if a person meets the criteria prior to the date if a person has a habitable structure; and inquired if it is tied to habitable structure plus a dock. Ms. Sobrino inquired if Commissioner Nelson wants clarification on the current Code; with Commissioner Nelson responding the change that would be proposed. Ms. Sobrino stated it would allow for the slivers of properties that are along waterfronts that are not associated with a piece of property improved with a single family home on the other side of the street; now the Code requires that staff only recognize those slivers when associated with the residents on the other side of the street; it is viewed as a lot divided by a roadway; and this would allow someone with a piece of property in one location who purchases another sliver of land in another location to place a dock on it as long as the standards are met.
Commissioner Bolin inquired what is the date that was determined as the starting date; with Ms. Sobrino responding the draft that was proposed would be any parcels of land that are in existence on the effective date of the ordinance; but if the Board wishes not to allow from this point forward for things to change it may want to establish that date as being today and in existence as of today’s date. Commissioner Bolin advised she would feel comfortable with that.
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve legislative intent and grant permission to advertise a public hearing to consider an ordinance permitting boat dock construction on existing identified lots, but to prohibit the creation of new dock lots after the adoption of the ordinance; and direct staff to include in the ordinance that only existing parcels recorded as of May 22, 2007 would be permitted to have docks. Motion carried and ordered. Commissioner Nelson voted nay.
SETTLEMENT OF CLAIM, RE: COURTNEY AND CAROL ROBERTS
Commissioner Nelson stated he asked for an opportunity to look at the settlement and catch up on the background since he was not on the Board when the case initially began; he was concerned when it had pretty significant dollars that have already been paid and additional dollars that are to be paid; and the most troubling piece was the $100,000 additional money. He advised County Attorney Scott Knox explained to him the rationale for that; and requested Mr. Knox relay the information to the Board.
County Attorney Scott Knox stated fundamentally it came out of a lawsuit that was filed sometime ago at which time the Board initiated a vested rights determination that determined that Mr. Roberts was entitled to vested rights as a consequence of a delay caused by an issue to the Stop Work Order the Board agreed to pay some money to bring him back to where he was in the construction of his home; the initial payment was $100,000 in attorneys fees and about $94,000 in estimated costs to bring the house back to that position; subsequent to that time the Board also agreed to enter into a stipulation that allowed him to recover differences in costs caused by the delay; and the County has paid a total at this point of approximately $255,000. He stated it was estimated originally that the whole cost would be $166,000 when Mr. Roberts’ attorney came before the Board; the County is now at the point that a mechanism to figure out what the balance is going to be to bring the County into compliance with the Agreement it made with him; Mr. Roberts has not presented any bills to substantiate the costs; and staff went out with the Board’s authority to hire an expert to come up with a valuation of what the differentiated costs would be between the time he got stopped from building and the time he finished; and that estimate is $82,000. He stated the Board is being asked to authorize payment of the $82,000; in addition to that staff has suggested the Board offer $100,000 as an offer of judgment to bring the matter to conclusion; and his claim is for $961,000. He stated it is hard to believe that $100,000 will probably not be accepted by Mr. Roberts, but that is what is being recommended.
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize payment of $82,242.29 to Courtney and Carol Roberts pursuant to a construction industry expert’s evaluation of the Roberts’ claim for increased material and labor costs associated with a Stop Work Order issued by the County in March 2003; and authorize issuance of an Offer of Judgment to Courtney and Carol Roberts for an additional amount of $100,000. Motion carried and ordered unanimously.
BOARD DIRECTION, RE: CONTRACT WITH DEBORAH ELLINGSWORTH-PYLES
Commissioner Scarborough stated the Board may want to handle Item VII.C and VII.D at the same time; and those are contiguous pieces of property with similar problems.
Clerk of Courts Scott Ellis stated both parcels have contamination; it is his recommendation the purchase not be done until the full cleanup cost have been assessed; his concern when the Board buys first and cleans up later and it does not know exactly what it is on the hook for. He advised both parcels have the same problem.
Susan Canada stated both parcels are contaminated; and she has a list of the contaminants but she does not think she can pronounce any of them. She advised the County has deposits on the Feguer property; there is a $10,000 non-refundable deposit; on the Holloway property the referendum money went for environmental cleanup; and
the City of Titusville once told her that the State’s claims that the previous owner must clean those up. She stated it appears that referendum money is going to cleanup different parcels. She recommended the Board wait to buy those parcels.
Commissioner Scarborough stated he and Transportation Engineering Director John Denninghoff spoke and the problem is staff does not know how much it will cost to do the cleanup until there is more testing done; there are contracts and the parties have not volunteered; and inquired if Mr. Denninghoff has some language that the Board can consider. Transportation Engineering Director John Denninghoff responded the Contracts will expire during the break in June; one option the Board could avail itself to would to be to offer to the sellers an opportunity to extend the date of closing by 60 days; it will give staff the opportunity to go to the next level of testing; and it will give staff much closer to understanding what will be the extent of the cleanup. He stated there is a possibility the cleanup may not have to be done under certain scenarios, although he does not find that likely, but it is a possibility. Commissioner Scarborough inquired if 60 days will be enough to do all of the testing necessary; with Mr. Denninghoff responding 60 days from the already scheduled date of closing. Commissioner Scarborough stated the Board has the ability to walk away from the Contracts, but rather than just walking away from them contamination has been found, there is good cause to go further; and to just say it is a part of the Contract and the Board does not have to purchase. He stated if the people are concerned about the County purchasing, he or she will have to give staff time to do testing. Mr. Denninghoff stated the sellers need a relatively short time to
accept the offer to extend it, or otherwise staff will need more time. Commissioner
Scarborough inquired if Mr. Denninghoff would sort of phrase the motion for the Board; with Mr. Denninghoff responding to extend the date of closing for an additional 60 days, both for the Ellingsworth-Pyles parcel and the Feguer parcel and to allow until May 31, 2007 for the sellers to accept the offer to amend the Contract; and it will leave staff enough time to be able to do the testing.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to extend the date of closing on a Contract with Deborah Ellingsworth-Pyles on a 1.25-acre parcel needed for the Chain of Lakes Project in Titusville for an additional 60 days, giving staff the opportunity to complete testing to determine the extent of the cleanup of the contaminated property; and approve allowing until May 31, 2007 for Ms. Ellingsworth-Pyles to accept the offer to amend the Contract. Motion carried and ordered unanimously.
BOARD DIRECTION, RE: CONTRACTS WITH RONALD R. AND MARJORIE R.
FEGUER
Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to extend the date of closing on two Contracts with Ronald R. and Marjorie R. Feguer on property needed for the Chain of Lakes Park Project in Titusville for an additional 60 days, giving
staff the opportunity to complete testing to determine the extent of the cleanup of the contaminated property; and approve allowing until May 31, 2007 for the Feguers’ to accept the offer to amend the Contracts. Motion carried and ordered. Commissioner Colon voted nay.
CONTRACT FOR
Clerk of Courts Scott Ellis stated there are three items on the Agenda item; the first comment is more financial in nature, which is the use of Commercial Paper to make the purchase; there is case forward that the County can use to pay cash; the Board has had extensive use of the Commercial Paper with money in the bank; and when worrying about future budgets, the Commercial Paper represents a recurring expense for debt versus if it uses the capital and make a one-time expenditure and purchase the building rather than continue that obligation further out. He advised there has been a lot of Commercial Paper use and it is beginning to get shorter terms for bigger projects. He stated the second comment is that the County needs no cost to remodel on the building; if the Board is going to buy the building it needs to know before the building is purchased if it needs to be remodeled; he does not know if that is the case or not; he knows some buildings the County has bought has worked out well and some have not; and it is something it would need to know to make the purchase. He noted the third issue is more of an overall space plan; if the building is purchased for the Sheriff what other
space in
Assistant County Manager Stockton Whitten stated he missed the first question, but the second concern the Sheriff’s Office will have to address; he is not aware of what the costs are going to be to remodel if there are any costs; and the third item is a space plan, and the Board talked earlier about addressing that issue on Thursday; but he does not think the Sheriff is going to be able to vacate any other space by moving into the building.
Sheriff Jack Parker stated he will be happy to address items two and three; and he cannot address item one he cannot speak to. He advised as far as the renovation it is a building in excellent shape; it lays out almost perfectly as is for the Sheriff’s Office; one concern is the upstairs portion of the building is relatively unfinished; that is the part that the lab would go in; he still sees that cost at less than $100,000; and he sees the ability
of using drug forfeiture money for that. He stated he does not foresee asking the Board for those renovation costs; and he would not expect to ask the Board for a single dollar for renovation cost on the facility. He stated right now he has all of the investigative and lab personnel crammed into about 9,000 square feet of usable space; the County did a space lead study and came up with the fact that it needed 23,000 feet of space immediately; in addition to that he has pushed the North Precinct and Special Operations into about 15,000 square foot less space than is required; and as that 9,000 feet is vacated in Merritt Island, it would be used to give North Precinct and Special Operations the space needed to spread out. He further stated it gives a building to the Special Investigations Unit that gives them about 19,000 square feet of usable space, which is less than what the County sees addition of 23,000, but at least it is a lot better than where it is today. He stated with all that the Board is dealing with it is a difficult decision to make; this is an issue of importance when he left the Sheriff’s Office a decade ago; he could not believe going back to the Sheriff’s Office that it had not yet been resolved; the Board has had intent to try to fix the problem since he has been Sheriff; and he came to it 18 months ago with the same situation and got approval to purchase a facility to meet the needs and it did not work out because of negotiations. He stated he is before the Board in a strong act of desperation to try to get it done; he tries not to be too dramatic about it but the reality of it is the investigators need the space to do the job well because when investigating people who are accused of crimes and the people have to wait four or five hours in a lobby to be able to go into an interrogation room that is being shared, something he or she has more time to invent information. He stated it is important from a crime perspective that the investigative personnel in the
County has the space to do the job well; it is of critical nature; and the Sheriff’s Office will
be able to be able to fund that out of the inmate telephone revenues. He stated he does not want it to be a burden on the Board. He stated the building is nearly new; he will be able to cover the maintenance itself and the electricity by cancelling out one of the leases that is supporting the investigative staff; and he will not come to the Board to ask it for a single dime to make it happen.
Chairperson
Commissioner Voltz stated the Sheriff has more than enough money to pay the debt payment on that; and inquired how much does the Sheriff’s Office receive from the phone revenues. Sheriff Parker responded approximately $270,000 a year; and there is also some Reserve unspent money that would be used for the down payment, and any renovation costs that would not be covered by the Forfeiture Fund. Commissioner Voltz inquired if the Sheriff’s Office is going to pay the money back, is there another source of
funding where cash could be paid for that building; with Mr. Whitten responding there is the General Revenue Reserves of approximately $17 million; and that would be a loan from the Reserves and a payback of that amount to the Reserve accounts. Commissioner Voltz inquired if there is a timeframe on how long it takes to pay money back; with Mr. Whitten responding the Board would not have one on that particular account. Commissioner Voltz stated she would rather see the Board do that; the more it gets into debt the worse off it will get; and it does not know what the State is going to do. She stated it is an opportunity to move forward with reducing the debts the County has.
Commissioner Nelson inquired if the phone revenue will cover the full payment for debt; with Sheriff Parker responding yes. Commissioner Nelson inquired what the price is for the additional lot; with Sheriff Parker responding it is approximately a 1.4-acre parcel, and the final negotiated price was $309,000. Sheriff Parker stated the Sheriff’s Office can do without it, but it seems to be a prudent purchase at this time because it may not be available in the future; the grand idea is to move evidence, which is in a tight location in the North Precinct area; he would like to centrally locate evidence so people will not have to drive all the way to Titusville to drop off evidence 30 to 40 times a day; and that that is what he sees that lot being used as a self-contained evidence facility next to the Criminal Investigations Unit on a very secure compound. Commissioner Nelson stated he is concerned about the Revenue source funding the payment; the Commercial Paper is a floating loan rate and on top of that the source is one that he does not know to what consent the Sheriff can control that. Sheriff Parker stated he controls it through negotiating of the Phone Contract; he sees it coming in at a higher amount for years after and being able to pledge even more money to get that debt paid off sooner.
Chairperson Colon stated she wants the Contract to have a safety factor of making sure the debt will be paid, and not just worrying about where the funds are coming from; and inquired if it ties the hands for the Sheriff to get a little creative with his budget if he sees he needs to go somewhere else to make sure that debt is paid so there can be a comfort level. County Attorney Scott Knox responded in other cases there is an internal loan document, and that is probably what would be used in this case if the Sheriff is agreeable to that. Sheriff Parker stated he would not come to the Board and ask for additional money.
County Manager Peggy Busacca stated should the Board decide to consider paying for the item with County Reserves that there is a 7% Reserve now and the Board’s policy in the past has been 10%; so if the Board decides to do that it may be worth readdressing the policy as to what kind of Reserves is needed.
Commissioner Scarborough inquired if Sheriff Parker is planning on coming to the Board with a reduced budget this year in the 10% range like other departments are being requested to do; with Sheriff Parker responding he is working on that now; stated his budget is due June 1, 2006; he has received a letter from the County Manager; and he is not going to say that. Commissioner Scarborough stated the quarter of a million dollars
could be used to help effect reductions in the Sheriff’s budget; of the Constitutional Officers he has gotten more than the others; he has increases more than the others; and he would like to have a picture of where the Sheriff is in his budget and where the Board is with the whole thing. He inquired if the Board waited a decade to move on this item the Board should wait until it has a better understanding of the full dynamics that are happening within the community. He advised the Sheriff’s budget is basically revenues that have to be applied to a lot of different sources. He stated he cannot support the item today; it is not that he does not support it, but it is not timely with so many issues out there; and until the Board has the ability to understand how the facilities work, how the budget works, and the need for those funds within the bigger budget.
Chairperson Colon stated a few months ago the Board was comfortable and ready to go; the item should be brought back in July; and it is not that it is being denied completely. Sheriff Parker stated it is denying it; there are several other people interested in the building; he does not think it will available; he appreciates the fact there will be open minds down-the-road; but the facility may not be available. He stated he understands the County may be losing some positions and it may have additional space, but it is essential that this building be in an isolated area that is free from adjoining walls from other things that are happening; this is critical; he hears Commissioner Scarborough’s concerns; and that is why his office came up with a plan to save the County money. He stated he is doing everything possible to save money; his office has been good partners; and it is an essential service. He advised he would not be present today with all of the issues facing the County if it was not essential; and he is requesting the Board to support the project because it is needed for the safety of the citizens. He stated if he could continue to wait like the Sheriff’s Office has for the past several years he would do it; but it would be irresponsible of him.
Commissioner Nelson inquired what the timeline is for the Contract; with Sheriff Parker responding today, otherwise he most likely will lose it.
Commissioner Bolin inquired if the Board were to move the Public Defender out of the building completely could he fit his group on the top floor; with Sheriff Parker responding yes. Commissioner Bolin inquired if that is an option that could exist; with Sheriff Parker responding it could. Sheriff Parker advised it is not the most favorable option because it is an interesting option with investigation, but it may work.
Chairperson Colon stated the Board has some hard decisions to make; it would behoove the Board to wait until July; it may be lost but by there would be a better picture in July. He stated major decisions like that will have to wait; she suggested the Board consider bringing the item back in July if the option is still available; it is of great importance; and this is just the beginning of those really hard decisions the Board will have to make.
Commissioner Voltz stated spending cash is far better than debt service, but it would not be prudent on the Board’s part if it did not support the item; it has said that public safety
is the number one priority for it; the Sheriff’s job is public safety; the Board needs to ensure that the evidence the Sheriff collects is secured; and for the Board at this point to decide it will find another building such as this one in a location like this; and she is going to support the item.
Motion by Commissioner Voltz to move forward with the Contract for
Chairperson Colon stated when the State is telling the County it will have to cut $76 million, public safety at that point does not become a brick or a building; and it is about the men and women who need to be out there protecting the citizens of
Commissioner Bolin stated the building would be wonderful to have but being in the situation the County is it is prudent to look at it at a later date; and she would like to have time to look at other options that have been presented as far as the funding of it. She stated she is not up on all of the pros and cons and she would like to have the time to look into that.
Commissioner Voltz stated bricks are important; if there was not a courthouse the bailiff’s job would not be important; it would be a mistake on the Board’s part not to move forward; and it will look back on this if the building is gone and say it should have done it.
Commissioner Scarborough stated this will be indicative of all of the problems the Board is going to have to go to; there was an assumption by people that it would be able to
eliminate those things not necessary; the problem is eliminating things that are needed; there are some choices that are not pleasant; but there may be other things in the Sheriff’s budget that are more compelling.
Chairperson Colon stated the item is supported by the Board but it will have to be looked at in July.
LETTER OF UNDERSTANDING WITH CITY OF
RETENTION POND
Commissioner Scarborough stated Clerk of Courts Scott Ellis had some concerns regarding this item. Clerk of Courts Scott Ellis stated this is not truly a loan, although it is written as a loan; the City of
Susan Canada stated she has been going through the budget for the Referendums; if you borrow money from someone and pay it back it is a loan; Referendum money is supposed to be drawing interest; and inquired if the City of
Bea Polk stated here it goes again taking from the Referendum money; it keeps going out and nothing is built; and inquired if the City does not have the money now where will it get the money to pay it back. She stated she disagrees with giving the City this kind of money at the time when things are as bad as they are.
George Van Staden stated seven years ago $500,000 was provided specifically for the
the capabilities the City was short of; and from preserving the Indian River Lagoon to runoffs and drainage in the area immediately adjoining behind the Alzheimer’s facility. He stated the small lake is for the benefit of the seniors but it could be used dually to meet stormwater needs of the citizens; it is an opportunity that cannot be passed up; and a plan has been come up with and it gives the whole area one more chance to build and meet the stormwater capability. He stated he is appreciative of what has been done for the
the ability over time to pay in smaller increments its costs; normally if the County wanted it could dig a hole and fill it up with water and call it a lake; to meet the requirement of the St. Johns River Basin it has to go farther than that; and it has to be structured to meet the specific and technical requirements to really take care of stormwater. He advised the Plan is ready for implementation; the Plan has been submitted to his board and welcome the opportunity to share the resource; and suggested the Board approve this item.
Commissioner Scarborough inquired if Mr. Van Staden believes that having the City of
Joan Wheeler stated she did not know this was going on until she looked at the Letter of Understanding; she does not know how it will help the seniors by having another stormwater pond; she thought the money was for Parks and Recreation; and she did not know it would be for building stormwater ponds. She advised she does not know when it was decided, but it was news to all of the rest of the people; she does not think the Parks and Recreation Board knew about it; the Parks and Recreation Board did not know anything about the money; and it approves what someone wants and go back and look to see if there is a way to spend more money. She stated the City of Titusville had a special meeting last night to talk about how to cut funds and make out with the new budgeting and so is the County; she does not know why the people do not know how the Parks and Recreation money will be spent; and the money is being drained off so there will not be any money for Marina Park. She advised a lot of the money has been wasted; it is not for Parks and Recreation; and it is being used for stormwater money. She advised City of
Commissioner Scarborough inquired if the
with Mr. Van Staden responding 20 people are on the Board. Commissioner Scarborough inquired if this item was brought up to the Board; with Mr. Van Staden responding he did. Commissioner Scarborough inquired if the Board understood that it would change the nature of the facility; with Mr. Van Staden responding it is not really it will be of better quality. Mr. Van Staden stated it is the
Commissioner Scarborough stated there was a lot of basic decision; the County bought it for the seniors; and it is their property and facility. He advised at the last meeting it was tabled because Clerk of Courts Scott Ellis met with the seniors; it was brought back
before the Board; it is a request to ask staff initiate negotiations; that will come back before the Board; after that there will be designs; and before there is a contract it has to come back before the Board. He stated it has to being someplace; the conversation began with Chuck Demon talking to the seniors; and it is only conversations on the senior’s behalf to improve the property.
Commissioner Nelson stated there will be plenty of opportunities getting answers to questions that have been raised; it still has to come back before the Board and the City of
Commissioner Bolin stated she is happy with the partnership with the City of Titusville; to do a dual purpose on an item is tremendous; and suggested the Board move forward with the item.
Commissioner Voltz stated on number 9 on the Memorandum of Understanding it says the City of Titusville shall reimburse the County in full the total amount of monies contributed by the County within 36 months from the date of completion; and inquired with all of the cuts that everyone is making how does the Board know the City of Titusville will have the money to pay the County back. Commissioner Scarborough responded if the City in its budgetary concerns thinks it can enter into this Agreement then it is up to the City to decide that; and once it is done it is an obligation. Commissioner Voltz advised that is the only concern is that everyone’s budgets being cut. Commissioner Scarborough stated staff has not been asked to enter into serious negotiations until the Board hears the item; and at the end if the Board is not comfortable with the situation, it does not have to vote for the item.
County Attorney Scott Knox advised it is an Agreement to enter into negotiations; and it is not a binding Agreement being discussed.
Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to authorize the Chairperson to initiate negotiations for an interlocal agreement consistent with the Letter of Understanding from the City of
to enter into an interlocal agreement for the installation of stormwater retention pond on
County property adjacent to the
CITIZEN REQUEST – KATHRYN AND KURT BECKMAN, RE: MORATORIUM FOR
FINES AND CITATIONS BEING ISSUED WHILE UNDER INVESTIGATION
Chairperson Colon stated Kurt Beckman sat through the entire last meeting; and she wanted to make sure that Mr. Beckman could speak before the Board went on break.
Kurt Beckman stated he represents Tradesman, Agencies, and Consumers (TAC); there are 2,500 handymen in
stated in 1993
or she can or cannot do; the Board has some information; and if it looks at the criteria when it gets a chance it will see that it is a catch 22. He stated he was fined $250 for painting a door; he did not know that; when he received his occupational license he received a pamphlet; and inquired what could he do with a painting competency. He stated he went to Permitting and Enforcement Director Ed Lyon asking what he can do; and inquired how the County can fine someone if there is no ordinance defining everything. He stated there is no place a person can go to find out what he or she can or cannot do; there are people turning in licenses because he or she cannot make a living; his income has been cut 400%; and he is scared to do work. He stated he has been trying to implement a building maintenance license that
Chairperson Colon inquired if Mr. Beckman wants the Board to get the information he has given it and try to identify if there is a potential ordinance that can come out of the information; with Mr. Beckman responding yes and to start a building maintenance license like
Commissioner Nelson stated he has had an opportunity to talk with Mr. Beckman and several of the handymen; the handymen have to know what to do almost by default; it almost has to know what everyone else does so he or she will know what to do; and there is a great need for some additional help in this area. He noted the County can definitely do better than it has in this area; and it is tough on the inspectors and the handymen.
Commissioner Voltz advised the requested action today was to request a moratorium for fines and citations. Mr. Beckman advised the handymen would like some leniency so he or she can work.
Assistant County Manager Mel Scott stated the good news is staff is already moving forward to address Mr. Beckman’s concerns; the Contractor Licensing Board is reviewing it and has a meeting in June scheduled to discuss this very thing; and the wheels are turning regarding the handyman issue and how the County might move into having some kind of license for this type of profession. He stated the concern staff has in interim abating the fines is that there may end up being a short-term free-for-all regarding the various trades that have licenses that may be losing work to someone without a license.
Commissioner Nelson stated staff needs to continue the process; Code Compliance is more sensitive about the issue; and it will continue to work on this item.
The meeting recessed at 1:14 p.m., and reconvened at 2:24 p.m
Chairperson Colon’s absence was noted at this time.
REPORT, RE:
Commissioner Bolin stated she attended the Viera Regional Park Community Center ribbon cutting; it was a wonderful day; she tried the basketball game; and she thanked the people involved in making it happen, the South Area Advisory Board, Suntree/Viera Referendum Committee, the Parks and Recreation Department, The Viera Company, and the contractors who worked on it.
PUBLIC HEARING, RE: ORDINANCE FOR ADDITIONAL
EXEMPTION FOR SENIOR CITIZENS (CONTINUED)
STAFF REPORT, RE: COSTS FOR APPLICATION FOR PUBLIC HEARING FOR
AFFORDABLE HOUSING
Commissioner Voltz stated she pulled the item; and she is against a fee for filing an application for a public hearing for affordable housing.
Commissioner Nelson stated he favors waiving the filing fee; the expenses are not that much; and by the time it gets to the Board the people are serious about it.
Vice Chairperson Scarborough inquired if the consensus of the Board is forgoing any costs to the applicant; with Commissioner Voltz responding yes.
Commissioner Bolin advised she wants to at least cover staff’s cost on it.
Commissioner Nelson inquired if there are any funds that can pay those costs from a grant federal source or some other source; with Planning and Zoning Director Robin Sobrino responding she spoke with Housing and Human Services Director Gay Williams and Ms. Williams indicated there would be consideration for reimbursing the expenses to the applicant providing that he or she gets approved for the density bonus and that the project qualifies under one of the programs for affordable housing relief; and it would be reimbursable rather than cutting the check to pay for the application.
Vice Chairperson Scarborough stated the total is $849, the hard costs are $135, and it appears there is an interest in reducing it by some measure; and he inquired how the rest of the Board would like to handle it. Commissioner Voltz stated it is not that much money; government needs to give up something in order to get something; and if the Board looks at providing affordable housing, it need to look at giving something up in the process.
Commissioner Bolin stated if the Board should at least cover its costs on the application. She advised she will make a motion for $135. Vice Chairperson Scarborough inquired if that is total or $135 less; with Commissioner Bolin responding total.
Motion by Commissioner Bolin to approve hard costs of $135 to file an application. Motion died for lack of a second.
Commissioner Nelson stated the Board has created a process that brings the application back before the public, to give the public the opportunity to speak; if the Board supports affordable housing it is not inappropriate to have that cost borne by the County; and the Board wants people to come back as opposed to just going out and automatically doing it. He stated the costs for affordable housing requests and to track those applications so the Board will have an up-to-date amount that is actually being impacted because he does not think it will be that much.
Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve waiving the fee of $849, plus $135 hard costs, for filing an application for a public hearing for affordable housing; and direct staff to track the process so the Board will know the actual cost impact. Motion carried and ordered unanimously.
SPEED HUMP REQUEST, RE:
Commissioner Voltz stated there are $34,000 that the County will spend on five different speed humps; it has been talked about at the Board level for a couple of years; if someone wants a speed hump the person may need to pay for it; the County should not pay for speed humps; and those amounts add up.
Vice Chairperson Scarborough stated the ones in District 1 comes from the District 1 MSTU; it does not impact everyone; his desire is to hold District 1 MSTU’s until after he knows where he is with the budget; staff understands his concern; and he does not want to ignore the safety issue. He advised he would like to hold those items for District 1; that is the first four speed hump requests; and the final speed hump request is for District 2.
Commissioner Nelson stated he agrees with Vice Chairperson Scarborough and the Board should hang on to those until it gets a better idea of where the budget is going; and suggested withdrawing those until a later date. Commissioner Voltz stated she wants to readdress the issue of whether the County should pay for speed humps.
Transportation Engineering Director John Denninghoff stated staff could bring them back at the end of July. Vice Chairperson Scarborough suggested bringing the speed hump requests after September 18, 2007 after the budget.
SPEED HUMP REQUEST, RE:
The Board came to a consensus to bring back all speed hump requests after September 18, 2007 when the budget process is complete.
SPEED HUMP REQUEST, RE:
The Board came to a consensus to bring back all speed hump requests after September 18, 2007 when the budget process is complete.
SPEED HUMP REQUEST, RE: BAKER CIRCLE
WEST IN PORT ST. JOHN
The Board came to a consensus to bring back all speed hump requests after September 18, 2007 when the budget process is complete.
SPEED HUMP REQUEST, RE:
The Board came to a consensus to bring back all speed hump requests after September 18, 2007 when the budget process is complete.
RESOLUTION, RE: REVIEW FEES FOR TRAFFIC ENGINEERING
Commissioner Nelson stated he supports user fees for services the County provides, particularly when they are very specific; given the backdrop of what the Board is going through with the budget and the fact that it is already going to raise rates as soon as the State of Florida does whatever it does; he does not think the Board should deal with it at this time; and it should get through the budget process and consider the item at a later date. He advised he will not be supporting the fee.
Commissioner Voltz stated she agrees with Commissioner Nelson; the Board should have done the fee resolution a long time ago; but at this point it is a bad time to approve the item.
Transportation Engineering Director John Denninghoff stated what staff usually does with the item, it has come up in the past during the budget process, and staff can go ahead and carry it through.
Commissioner Voltz inquired if the Board should move forward with the possibility of seeing what can be done through this budget year, but if the State comes back and says the County cannot raise fees it will not, but if the State says it is fine the County can be prepared for it and it can move on.
The Board came to a consensus to direct staff to schedule resolution for review fees for Traffic Engineering on the agenda at a later date.
OPTION AGREEMENT FOR
CONSERVANCY, RE: JOYCE JOHNSON PROPERTY
Clerk of Courts Scott Ellis stated the
Environmentally Endangered Lands Manager Michael Knight stated what the map does not accurately represent is the other lands that are under conservation under County ownership; the Kabboord Sanctuary at the bottom of the map is the green portion; all of the Sykes Creek Basin up to Chase Hammock Road is under conservation that is currently being managed by Parks and Recreation Department; and staff is working to take over the management of those parcels. He advised there is a private parcel bordering the west border of the Johnson property that staff has characterized as being largely a wetland parcel; the Johnson property was looked at because there was 25% upland community on that; so the Selection and Management Committee did review that and determine that it was of significance. He noted there has been determination that there could very well be development of at least that portion of the property; and he believes that development could extend further into the site with mitigation that could be handled on site by the developer. He stated the hope is the County will also get the privately-held parcel that is to the west so there would be direct east-west connection between those two parcels; currently there is some sort of a connection at the very southwest corner with the parcels that are in conservation south of Paul Road; but it is not a long border at all.
Mr. Ellis stated according to the appraisals highest and best uses develop about seven acres of the parcel; it is not as if the County has a largely developable parcel; it began at Thousand Islands and now the County is moving down through Merritt Island; it is buying properties that really cannot be developed; and the excuse will always be, if a fortune is spent anything can be developed. He inquired if the County spends a fortune can it sell it and recoup the money.
Doug Sphar stated he wants the Board to approve the purchase of the property; he and his family are recreational users of the property indicated on the aerial photograph; there are a series of canoe trails that threads its way through the head waters at Sykes Creek; he enjoys paddling there as do other people of the local paddling community; and it continues down to the Barge Canal. He stated the County should maintain the continuity and functionality by striving to purchase the property. He suggested the County take the first step of preserving the integrity of the natural system by authorizing the purchase.
Commissioner Nelson stated there are properties on
Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Assignment of Option to Purchase with The Nature Conservancy for the Joyce Johnson property; and authorize staff to exercise the Option for
Commissioner Voltz inquired what about the maintenance; with Mr. Knight responding the way the policies are set up now there is a year from the time of acquisition to develop the management plan and get it approved by the Board; and that is typically the process staff follows currently. He advised to move forward with the management plan in advance to the purchase would take a lot of time, energy, and resources; there is a limited amount of time to get on the property and survey the resources on the property prior to acquisition; and some land owners are uncomfortable with extensive analysis of the resources on the property from an environmental prospective prior to the purchase. He noted one of the things staff looks at in the process is what is being inherited; on this site there will be a fairly significant amount of Australian Pines and Brazilian Pepper Trees that have to be dealt with; part of the site process is to get a handle what kinds of work and expense the County has to deal with; and staff does not go into a cost analysis at that point but staff tries to compare that with what it deals with on other sites and if it is something out of the ordinary or unique the County may not pursue to due to the excessive cost. He stated staff did not see anything that seemed out of the ordinary from a management perspective. Commissioner Voltz inquired if staff does a cursory look at what it may cost or what the scope of the project may be in order for staff to manage the property as needed; with Mr. Knight responding correct. Commissioner Voltz requested staff turn that information to the Board when one of those purchases are done; the Board needs to look at potential costs; and if staff can determine on just the information provided on the initial appraisal as to what it would take to manage the
property, it would help. Mr. Knight stated staff can do that; it can expand on the information that has been provided; and try to extrapolate out what staff thinks the initial priorities might be for the property.
Commissioner Nelson inquired if the County gets dollars from the State of
Vice Chairperson Scarborough inquired if on April 25, 2007 this item went to the Selection and Management Committee and it discussed what the Board has before it including the cost of purchase; with Mr. Knight responding yes. Vice Chairperson Scarborough inquired if that was a unanimous decision or was there discussion and a divided vote; with Mr. Knight responding it was unanimous.
Vice Chairperson Scarborough called for a vote on the motion. Motion carried and ordered unanimously. (See page for Assignment.)
BOND RESOLUTION AND RELATED DOCUMENTS, RE: LOCAL OPTION
FUEL TAX REVENUE BONDS, SERIES 2007
Clerk of Courts Scott Ellis stated he has the same concerns as the last time this item came before the Board; the County is taking a revenue stream that starts ten years out and goes for twenty years; fundamentally the money from 2026 to 2037 is ten years; out of the $60 million the County will net about $17 million; the County is taking a huge discount on borrowing money that begins in twenty years; and that is gas tax to be paid by people not even born yet. He further stated it is a policy that the County seems to be getting into about borrowing further and further down the road; the most he can recall is previously there was a fifteen-year gas tax bond in approximately 1986, 1987, or 1988 and it began in that year; the bulk of what the County is getting now is a revenue stream that does not even start for another twenty years; and anyone with a finance background will tell the Board what a deep discount it has when borrowing a revenue stream that starts well out into the future.
Vice Chairperson Scarborough inquired how much more revenue does the County capture by going to 2037 rather than 2027 by borrowing for twenty and thirty years; with Assistant County Manager Stockton Whitten responding if the County went to twenty years it was approximately $31 million. Mr. Ellis advised it is about a $17 million difference. Vice Chairperson Scarborough stated that is a few dollars. Mr. Ellis noted it
is a $60 million revenue stream that is being used to gain that $17 million. Vice
Chairperson Scarborough stated the argument on the other side is acquisition costs; and he does not have a crystal ball. Mr. Ellis stated none of us do have a crystal ball; and the County may very well be building roads in 2010 and in 2030 there may be road needs, and a future Board will be trying to solve those road needs and it will still be paying back a gas tax bond that build roads from 2010. He stated it cuts both ways; it is imperative for the Board to be proactive and look ahead on infrastructure, but at this point it is trying to take a thirty-year window; if a person rolls the clock back from 1977 who would have expected that there would be Stadium Parkway, Viera Boulevard, and Murrell Road when it used to literally be one giant cow pasture on both sides of I-95; and of all who have been on the Board none have had his or her hands tied to this extent by a prior Board. Vice Chairperson Scarborough inquired if the County has ever gone a thirty years for roads before; with Transportation Engineering Director John Denninghoff responding not to his knowledge.
Commissioner Nelson stated to make it happen and get money into LOGT the Board took General Funds, which was part of the money that was generated this year, replaced those dollars in the budgets of Road Construction, SCATS, Survey, and MPO; his concern is the Board will be looking at cuts; it needs cuts of those kinds; but he knows
what the count on the vote of the Board will be. He stated it is one of the projects the Board can look at after it has a better understanding about what the State is going to require.
Commissioner Bolin stated if there ever was a priority that is needed in
Commissioner Voltz stated she has been in Brevard County almost 29 years and someone paid for the roads before she got here; many of the roads done today were done before she got here; roads have been widened here and there; and the Board does not know what will happen within thirty years. She stated there are road projects that are in dire need of being done. She stated it is a tough decision for the Board to make; it has a $400 million dollar deficit in road projects; it is because the Board has not done anything; it has not put the money from the General Fund back into the LOGT; and she will support moving forward with it.
Commissioner Nelson stated the roads on the program needs to be done; he supported going there when the Board thought it was not going to have the kinds of issues it is faced with; and inquired what services will be cut to fund those roads.
Vice Chairperson Scarborough stated he does not have big road projects but he does have a lot of County roads in District 1; percentage wise one-half of the County roads are in District 1; he fully sympathizes with the maintenance; however, regardless of
where the County is the two things the Board needs to realize is that it can only act on the information it has today; tomorrows information is only going to be as good as that moments information; and if it does not act today when does it act. He further stated he heard Mr. Ellis’ argument and he is not convinced that $17 million in roads today may be cheaper than waiting twenty years to get that money, because it may be more expensive at that moment; and it is prudent that the Board move because it does not know what will happen.
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Bond Resolution; authorize the Financial Advisor, Bond Counsel, and Disclosure Counsel to finalize bond documents and take necessary action as to the funding of the Local Option Tax Revenue Bonds, Series 2007; authorize the County Manager or designee to finalize the Official Notice of Sale, Preliminary Official Statement, the final Official Statement, and the authority to select registrar and prying agents; and authorize the Chairperson to award the sale of the Bonds based on the criteria ser forth in the Bond Resolutions, sign all bond documents, and make necessary budget amendments. Motion carried and ordered. Commissioner Nelson voted nay. (See page for
Resolution No. 07-144.)
AUTHORIZE ACQUISITION AND CONTRACT WITH BUSINESS OBJECTS, INC.,
RE:
Commissioner Bolin inquired if she can have more clarification of how it will be a benefit for the County to do Crystal Reports Software; with Information Technology Director Jon Sellers responding it benefits the County through efficiency. Mr. Sellers advised there are efficiencies in a number of areas; from a management point of view one of the problems the County has now is staff does a great job of putting a lot of data into the computers but not a great job of getting it out; and it will help managers get the information out in the formats he or she needs far quicker than now so he or she can make better decisions. He noted from an Information Technology point of view staff can do with this product today what it would now take it two weeks to do; there are enormous efficiency gains for internal staff; and for the rest of the users in the County he or she does not have to rely on IT to print reports.
Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize Information Technology Director Jon Sellers to acquire Crystal Reports software with funding originally designated for the SAP Business Warehouse Module; and authorize the
AUTHORIZE USE OF TLC FOR MECHANICAL DESIGN, GRANT PERMISSION TO
BID CONSTRUCTION, AND AUTHORIZE CHAIRPERSON TO EXECUTE
CONTRACTS, RE: RENOVATION TO BUILDING E FOR PUBLIC DEFENDER
County Manager Peggy Busacca stated the Sheriff has notified staff that he has to withdrawal his agreement to participate in providing space to the Public Defender; the Sheriff said that the space was being provided at a time in which he believed there would be additional space for him from the property at Gus Hipp; and he feels he needs additional time to reconsider his space needs.
Commissioner Bolin inquired if the space that will be remodeled will affect the space that the Sheriff was talking about Hydro Plant building; with Ms. Busacca responding apparently that is the case, and the Sheriff will be providing staff with something in writing.
Commissioner Voltz advised the Sheriff was giving the space up because he was going to get other space. Commissioner Nelson stated he does not recall that there was ever a space issue related to what the Sheriff was giving up here; and there are renovations being done and adding some additional space. Commissioner Voltz stated in one of the workshops the Board discussed whether it should go forward with a new building for the Sheriff. Commissioner Nelson stated the Sheriff’s new building was for relocating the precinct here as opposed to tightening up and getting some additional space; and he was not losing everything in its entirety. He stated their discussion with the Public Defender and the Sheriff it was not said if the Sheriff did not get Gus Hipp then he cannot do it. Commissioner Voltz stated there were basic assumptions; and the Sheriff
was going to give up the space that he had so he was not overcrowded. Commissioner Nelson stated the Sheriff was not moving anyone out of Viera even with the plan that was decided; no one was going from Viera to Gus Hipp as a result of the tightening; and he wants to see what the Sheriff has to say about this.
Commissioner Scarborough stated the Board will be discussing budgets with the Constitutional Officers; and inquired if there has been any information come back from the Constitutional Officers.
CITIZEN REQUEST – FRANK ROJAS, RE: PERMISSION TO BUILD DRIVEWAY
Frank Rojas stated he is requesting a permanent or temporary 320-foot driveway to access a lot located east of
working with the engineer as to how to go about putting a dirt road in there; and requested the Board to see if it is really practical to put in a 320-foot dirt road that leads no where.
Vice Chairperson Scarborough stated the memorandum from Permitting and Enforcement Director Ed Lyon talks about what the County does when a road is constructed and inspected by the County for maintenance, which means County standards; Mr. Rojas is requesting that he put something in that would not be accepted by the County; and Mr. Rojas is asking that the County accepts something that it normally does not accept. Permitting and Enforcement Director Ed Lyon stated he has had conversations with the engineer and explained the Section 62-102, which allows a homeowner to build an unpaved road to a County standard; it would be first approved, inspected, and then actually accepted for maintenance by the County; and the Board to his knowledge, since the Ordinance has been in place, has never allowed someone to build a substandard roadway within a publicly owned right-of-way.
Vice Chairperson Scarborough stated when he came into office the County had people who had entered into non-maintenance agreements and the County had given him or her Certificates of Occupancy; the roads were going past people’s property; the roads were marginally maintained; and the County could not get in there to fight a fire or an emergency. He stated the
Vice Chairperson Scarborough passed the gavel to Commissioner Bolin.
Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to deny request of Frank Rojas for waiver of Code Section 62-102 allowing a building permit to be issued to build a driveway to access Flag Lots 10 and 11 on
LETTER TO
Assistant County Manager Mel Scott stated the item is intending to accomplish two things; the Amendment package that was transmitted to the City of Palm Bay to the Department of Community Affairs (DCA) did not request that the Amendment package receive the full review from DCA; it would have translated into a Objections, Recommendations, and Comments (ORC) Report being prepared by the DCA; the first thing the letter requests is that the DCA review the Amendment package and provide an ORC back to the City of Palm Bay and to other interested parties in local governments;
and the second thing it seeks to accomplish is to highlight from the County’s perspective those points that it does expect the DCA to also identify but it is a matter of the County putting them on the record regarding things that would interest it. He stated some of the Amendments are located in the 25-year flood plain in close proximity or abutting the
Commissioner Voltz inquired what part of the letter is asking for an ORC Report; with Mr. Scott responding first paragraph, second page.
Rochelle Lawandales stated the letter outlines issues that are considered Planning 101; and there are things that are valid questions and there are things that she is taking into consideration and working closely with the City. She stated the items she is speaking of are all west of I-95. She thanked Commissioner Voltz, Commissioner Colon, and staff for the many meetings that were held regarding regional planning; she continues to have meetings with the City of
to continue the acquisition of lands in the area; her clients lands unlike some of the other lands are former orange groves, disturbed lands, and there are no wetlands issues at all; and what is being attempted will past muster with the County, City of Palm Bay, State of Florida, and with the neighbors in terms of being truly sustainable development. She stated the letter is asking for good planning; she is for good planning; and she and her clients are committed to good planning.
Cole Goatley stated Ms. Lawandales has presented a side of the whole issue that he think is extremely important. He stated the letter presents a number of issues that are not peculiar; DCA understands those things and looks for those things; the City of
Jan Black thanked the staff for preparing a letter that is comprehensive. She advised being a resident of Micco her concerns are the lands east of I-95. She advised she would like to see in the letter under number 33 it says “this area is characterized by agricultural activities and rural residential development”. She stated she would like it to say “agricultural activities, rural residential development, and adjacent publicly acquired conservation lands”. She stated there will probably be a reference there leading to the map; she feels it is important to reference the verbiage to the map. She suggested the Board approve the letter.
Lisette Kolar stated Palm Bay has asked DCA to not review those Amendments; she believes the County should ask DCA to do the full review; it is such a large development at such densities; the County should clearly state it needs to be reviewed and why; and to identify the concerns. She urged the Board to send the letter and analysis done by staff to DCA regarding Palm Bay Comprehensive Plan Amendment Package 071-1. She advised there are a few minor changes she would like to see, which are simply clarifications; and she has spoken with Mr. Scott about them. She stated citizens groups have initiated discussions with neighboring local governments and know that they are sending letters expressing concerns; the County residents have the most standing and the most to lose if the Amendments are not thoroughly reviewed; it is the Board’s responsibility to protect the investment in the environment as well as quality of life and not to add to the tax burden; and to make DCA aware of the concerns identified by staff will be the first step in doing that. She stated the densities and magnitude of the development potentially resulting from those proposed Amendments warrants much scrutiny; those Amendments will adversely affect road capacity, road availability, and flood plain protection in a significant way; land use compatibility, coupled with urban
sprawl, have the potential to not only negatively change the character of the area forever, but will harm adjoining environmentally sensitive areas,
Mary Sphar stated she is going to distribute some information to the Board. She advised what the Board has on the handout is some suggested changes to the letter; and she has been involved with the study of the Amendments, which are east of I-95 along
adjacent to the EEL’s land on the west Micco Scrub Sanctuary and on the North Grant Flatwood Sanctuary. She stated since City of Palm Bay did not say a word of what was bordering those properties, she suggested on the Board’s attached comments that as the first sentence for the one on CP-33-2006, “This land is adjacent to the St. Sebastian River Preserve State Park and public conservation land managed by Brevard County’s EEL’s Program”; and that same comment would fit for CP-33-2006. She state CP-35-2006 and CP-36-2006 are bordered only by the EEL’s land, so it may want to insert on those “This land is adjacent to public conservation land managed by
Suzanne Valencia stated Ms. Sphar has said everything she needed to say; she is especially interested in the word “interest” on the first page of the County’s letter; and it should be concerned more than just interested. She advised the City of
Doug Sphar expressed his concern about the possible affects of the proposed Amendments on various special public properties; it is the St. Sebastian River Reserve State Park; the Preserve forms most of the southern boundary of the parcels in question; when purchased by the State, the Preserve was named the St. Sebastian River Buffer Preserve; and the purpose of the Preserve was to buffer the Sebastian River from affects of rapidly evolving development. He advised the Preserve covers 1/3 of the watershed of the
understands the importance of prescribed burns for habitat management; sprawling
growth has made it increasingly difficult for the fire managers; he is on an Advisory Committee for the Expressway Authority looking to expand its corridors; at its last meeting noted fire experts expressed concern that it is getting harder to burn; and Florida has a natural system. He stated there needs to be periodic large burns at the north end of the Park; a situation cannot be created with the intensive development as the Park north boundary compromises the ability of the Park Manager to execute his burn plan; in the community if it develops residential will have newcomers that will squawk about fire and smoke; and suggested the Board make more robust comments about the natural properties that abut those proposed Amendments.
David Watkins, Growth Management Director of City of
improvements before any permits are granted; and those are conditions in the Amendments. He stated the sector plan actually pulls all of that together as one big project without all of the individuals having to get together to do that to plan all of the improvements needed; there is no question significant improvements will be needed if it is developed to the intensities possible; there are changes as compared to the County; the City requires water and sewer; and the City has limited Center Lane the southwestern most Amendment to 1.5 units per acre; and it is not going in and just blowing out those areas and not being sympathetic to surrounding areas. He noted the City feels water and sewer are important in that area; the Indian River Lagoon has problems with runoff of septic tanks; and controlling runoff and septic tanks are very important for that area. He stated the City feels the water and sewer is the wave of the future; it did a Master Water Plan; it is dealing with St. Johns River Water Management District on consumptive use permits going out 30 years; a new plant has been built in the Bayside Lakes area that is capable of going to 30 million gallons a day; and the City is planning. He advised the City is working constantly with County staff; and a lot of
planning has been done in the overall area. He stated if the intent in the grouping of those is that each one gets reviewed anyway, he does not think it is critical that the County focus on any particular ones, particularly the internal Amendments. He advised Assistant County Manager Mel Scott has been helpful in keeping the City up-to-date; and the only surprise was that the internal Amendments were included.
Commissioner Voltz inquired if there was a reason staff questioned the internal Amendments; with Mr. Scott responding staff did not understand the stormwater implications as those were the issues highlighted for further review at the State level. Commissioner Voltz inquired if City of
changed a Sector Plan will work better. He stated the first step is to do an overall master plan; then require every developer to come in and provide all of that detailed information once the overall plan is set up; and the City has to work with the Regional Planning Council and DCA to get permission to do a Sector Plan.
Commissioner Voltz inquired if the City of
Commissioner Voltz inquired when the County gets an ORC Report does staff follow every single one of those all of the time; with Assistant County Manager Mel Scott responding there is always a written response. Planning and Zoning Director Sobrino advised staff responds to every point that is raised. Mr. Scott stated local governments
have the greatest success in having an amendment ultimately found in compliance; even if an entity does not follow a recommendation or a comment from DCA it could be like throwing the dice as its failure to respond to those may translate to a finding not in compliance; and when DCA identifies an issue in the form of an objection it is something by Florida Statute that has to satisfy to DCA’s standards. Commissioner Voltz advised she wanted to see the difference between the County and the City’s process. Mr. Scott stated staff has definitely ignored things in the past that have been a comment.
Commissioner Voltz inquired the Board continues to interest in several of the Amendments if it would be a concern if the Board wrote concern in its letter; with Mr. Watkins responding it is the County’s letter.
Commissioner Nelson inquired if Mr. Watkins has seen what Mary Sphar gave the Board in terms of comments about additions to the letter; with Mr. Watkins responding he has not seen it.
Commissioner Voltz inquired if the map identifies those particular areas on the map; and it says on the map that those are the areas surrounding this property. Mr. Scott responded it says EEL’s property and State owned conservation properties but the names are not on the map; and it can be added very easily. Commissioner Voltz stated she wants it to show the names of the property on the map. Mr. Scott advised it can be cross-referenced in the letter and on the map.
Commissioner Nelson stated the ones along the river are not necessarily contiguous in a classical sense; it is a body of water the County and City shares; and across the river there are County properties that are potentially impacted. He advised he is happy staff caught that.
Commissioner Voltz advised she wants concern replacing the word interest, with the maps identifying specifically all of the areas that are in here, she would like to move forward with the letter to DCA.
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize the Chairperson to sing a letter to Florida Department of Community Affairs (DCA) requesting that the City of
WARRANT LIST
Upon motion and vote, the meeting adjourned at 4:04 p.m.
ATTEST:
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JACKIE
BOARD OF
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SCOTT ELLIS, CLERK
(S E A L)