MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 9, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 9, 2007, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Vice Chairperson Truman Scarborough, Commissioners Chuck Nelson and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.  Absent were:  Chairperson Colon and Commissioner Voltz.

 

 

The Invocation was given by Rob Medina, Commissioner’s Aide to Chairperson Colon.

 

 

Vice Chairperson Truman Scarborough led the assembly in the Pledge of Allegiance.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Minutes of the July 10, 2007 Regular Meeting, the August 7, 2007 Regular Meeting, and the August 21, 2007 Regular Meeting.  Motion carried and ordered unanimously. 

 

 

 

A representative of the Commission on the Status of Women stated the group is walking on behalf of domestic violence, survivors and victims, and also those who have been killed as a result of domestic violence.  She stated they want to let people know this is a big problem all over the world; many people like to pretend it is not there; but they want to expose it for what it is so there are more survivors and fewer victims and deaths. 

 

Vice Chairperson Scarborough stated he saw some t-shirts out front; and inquired what they symbolize.  The representative responded the t-shirts are done by the Clothesline Project; they are done by survivors and families; and they represent victims of sexual abuse, victims of domestic violence, and childhood abuse.  She stated they are powerful because each one is done as art from an individual’s experience.  Vice Chairperson Scarborough stated he understands the small t-shirts indicate a child who was the victim; and it touches many people in many ways.  The representative advised each color represents a different type of abuse. 

 

Vice Chairperson Scarborough read aloud the resolution recognizing October as Domestic Violence Awareness Month. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution recognizing October as Domestic Violence Awareness Month.  Motion carried and ordered unanimously. 

 

 

Christina Martin, Chairperson for the Domestic Violence Task Force, stated the march was started last year; and they appreciate the Board receiving them today.  She stated they hope to make the event bigger every year. 

 

Vice Chairperson Scarborough presented the Resolution to the group.

 

 

 

A representative of Silent Witness stated she is present on behalf of all domestic violence victims; there are a lot of resources available with Serene Harbor, Salvation Army, and the Woman’s Center; and although society has woken up a little bit, it needs to wake up a little bit more.  She stated she is honored to be accepting the resolution on behalf of everyone with domestic violence.

 

Vice Chairperson Scarborough inquired about the term “silent witness.”  The representative advised the silent witnesses are those who have lost their lives to domestic violence; each year there is a memorial service for the silent witnesses; and there have been 13 silent witnesses from the last two years.

 

Vice Chairperson Scarborough read aloud a resolution recognizing October as Silent Witness Month. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution recognizing October as Silent Witness Month.  Motion carried and ordered unanimously. 

 

 

Vice Chairperson Scarborough presented the Resolution to the group.  He stated the great danger in these types of crimes is that they are in the home; many times no one knows what is going on; and citizens of the community should reach out to all of their fellow citizens and be aware of potential violence to those who are least able to look after themselves. 

 

 

RESOLUTION, RE:  RECOGNIZING OCTOBER AS NATIONAL DISABILITIES
     EMPLOYMENT AWARENESS MONTH                                                                                                            

Commissioner Nelson stated they know the importance of employment, particularly for those who have disabilities; and the resolution highlights the importance of that. 

 

Commissioner Nelson read aloud a resolution recognizing October as National Disabilities Employment Awareness Month. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution recognizing October as National Disabilities Employment Awareness Month.  Motion carried and ordered unanimously. 

 

 

Bill Ellis of Health First stated Health First is one of only six employers in the State of Florida that has been designated to receive the Exceptional Employer Award, which is being awarded in Tallahassee today.  He stated Mike Means, who is the Chairman and CEO, said people with special abilities turn out to be some of the strongest personnel; they are timely, excited about their work, and they do a terrific job; and they have been and will continue to be an important part of the Health First organization. 

 

Arthur Barndt, Vice Chairman for the Persons with Disabilities Assessment Project, stated the project was formed in 2004 under County Resolution; and expressed appreciation to the Board for recognizing October as People with Disabilities Month.  He stated in workshops in the past they have mentioned that Brevard County has over 93,000 people who have disabilities; and Brevard County is becoming a State leader in not only awareness, but in having employers recognizing the benefits of a diverse workplace. 

 

Thomas Hargrave expressed appreciation for the Resolution.  He stated being an individual with a disability he realizes there are many challenges they are facing; and they hope the Resolution will shine a better light on the cause. 

 

Commissioner Bolin advised next week a student volunteer who has a disability will be starting in the District 4 office; and from what she is hearing, that will put her other staff on cue. 

 

Commissioner Nelson presented the Resolution to the group. 

   

 

 

Commissioner Bolin read aloud a resolution recognizing Brevard County Triad’s Senior Fest. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt a Resolution recognizing Brevard County Triad’s Senior Fest on October 12, 2007.  Motion carried and ordered unanimously. 

 

 

Ron Morgan stated he would like to personally invite the Commissioners to attend the Eighth Annual Senior Fest at the Melbourne Auditorium on October 12, 2007, from 8:30 a.m. to 2:00 p.m.; and advised of the things that will be offered at the event, including free flu shots, blood pressure checks, and drawings for various prizes.  He noted there will also be a free lunch and free parking; and anyone getting there at 8:30 a.m. will be able to see the Warbirds from the Valiant Air Command doing a flyover.  He introduced Lt. Andrew Walters, representing Sheriff Jack Parker; Chief Brian Locke, representing the Police Chiefs Association; Chief Bryan Holmes of Cocoa Beach; Chief Ron Krueger of Melbourne Beach; Chris Vogle, representing State Attorney Norm Wolfinger; Terry Goodwin with the State Attorney’s Office; and Norm and Marilyn Hayes, who are featured on the Senior Fest billboards.  He stated there are only a few days left to check out the billboards that are around the County.  He advised of the elder abuse video project; and stated they just signed Colonel Danny McKnight who will be the narrator. 

 

Lt. Walters stated this is a great opportunity at Senior Fest; over 2,000 seniors will attend this event; but in addition, it will be a kickoff for Triad’s Senior Santa Program.  He stated an integral part of Triad is the intergenerational program; and there is always a group from Melbourne High School that helps. 

 

Commissioner Bolin presented the Resolution to Mr. Morgan. 

 

Vice Chairperson Scarborough stated seniors grew up in a generation when people did not reach out if they had a problem; many of the people who are seniors have moved to the area and their support group and family are still up north; and it is incumbent upon seniors to look after fellow seniors.  He stated there can be instances when someone is taking advantage of seniors; and commented on help from bank tellers, church contacts, and others.  He stated everybody needs to be a part of this; and everyone is needed to be a part of Triad. 

 

A representative of the Brevard Police Chiefs Association stated Triad serves the community; they are proud to be a part of Triad; and expressed appreciation to Mr. Morgan and the Triad Organization and to the Board for its recognition.

 

Vice Chairperson Scarborough stated many times he is asked what this has to do with the County; but this is the County; and the County is more than just rules, laws, and budgets.  He stated the County is a community of individuals who care and want to make things work for the fellow citizens, so it is very important to say thanks to these very good people.    

 

 

 

Commissioner Nelson read aloud a resolution proclaiming October 19 through November 19, 2007 as Puerto Rican Heritage Month. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution proclaiming October 19 through November 19, 2007 as Puerto Rican Heritage Month.  Motion carried and ordered unanimously. 

 

 

Joe Alba, Director of the Florida Puerto Rican Hispanic Chamber of Commerce, expressed appreciation to the Board; stated it is the eleventh parade; there will be representatives of governments at the parade and festival event; and invited all to attend and participate.  He stated they will not only have the Puerto Rican population represented, but also the Hispanic population; and there will also be military representatives.

 

Commissioner Nelson presented the Resolution to Mr. Alba.  

 

 

 

Commissioner Bolin read aloud the resolution recognizing Brevard Community College and the Moore Multicultural Center and proclaiming September 15 through October 15, 2007 as National Hispanic Heritage Month. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution recognizing Brevard Community College and the Multicultural Center and proclaiming September 15 through October 15, 2007 as National Hispanic Heritage Month.  Motion carried and ordered unanimously. 

 

 

Dr. Joe Lee Smith, representing Brevard Community College and the Moore Multicultural Center, expressed appreciation to the Board for the Resolution.  He stated at BCC diversity plays an important part in the operation of the college; and the Resolution puts emphasis on that.  

 

Wendy Perez expressed appreciation to the Board; stated Brevard Community College is here to serve the community; and advised of classes that are available.  She stated part of Brevard Community College is the Moore Multicultural Center, where world cultures are celebrated; and by doing so, they bring unity to the community.  She advised of the Fourth Annual Festival Latino on Saturday, October 20, 2007 from 12:00 noon to 8:00 p.m. on the Cocoa Brevard Community College campus. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution recognizing achievements of Hispanic Americans.  Motion carried and ordered unanimously. 

 

 

 

Paul Tucker stated he is eleven years old and the President of the Sharp Eye Shooters 4-H Archery Club; and thanked the University of Florida Extension staff for the opportunities they have provided.  He stated on behalf of his fellow 4-H members, he would like to thank the Board for its support of the Brevard County 4-H Program and for making this 4-H Week; last year over 8,000 youth participated in 4-H clubs, camps, and other programs; and it means a lot to all of them because they learn valuable life skills while having fun.  He stated he likes 4-H because he learns responsibility while also learning about nature and the outdoors; as a 4-H member he hopes to develop new skills and adventures that will last a lifetime; and in closing, he would like to present the Board with a small token of appreciation.  Mr. Tucker presented the Board with a 4-H cake. 

 

Vice Chairperson Scarborough read aloud the resolution proclaiming October 7 through 14, 2007 as 4-H Week. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution proclaiming October 7 through 14, 2007 as 4-H Week.  Motion carried and ordered unanimously. 

 

 

Vice Chairperson Scarborough presented the Resolution to Mr. Tucker. 

 

Commissioner Nelson advised of being told during the budget process that he could cut anywhere he wanted, but when he suggested 4-H, he was told he could not cut that.

 

Gus and Cynthia Koerner, Brevard County 4-H Agents, were introduced.  Cynthia Koerner stated they know it has been a tough year for the budget; and they appreciate the Board’s support.  

 

Vice Chairperson Scarborough stated when the Board does cuts it seems like the programs get hurt before the projects; but the programs are critical to the community; and the County will be facing more cuts. 

 

Commissioner Bolin stated she is very supportive of the 4-H because she was a 4-H gal; and look at what happened to her based on the leadership the 4-H taught her. 

 

 

 

Commissioner Nelson stated the staff recognition is for the Central Road and Bridge Maintenance Team; one of the first things he ran into when he was elected was a bridge that was not open; they went through a process of trying to determine the problem; and a contractor gave an estimate of almost $80,000 to fix it.  He stated Road and Bridge Assistant Director Ed Gardulski looked at it and he said his team could do the job; they accomplished the project for $45,000; and they did a great job.  He displayed pictures of the project.   

 

Audrey Cottrell stated the residents appreciate the response they received.  She stated she, Jim Cottrell, and Ed Jackson are the Riverside representatives; and they appreciate everything that was done. 

 

Commissioner Nelson stated he wants to assure Commissioner Scarborough that one of the pictures shows a Gradall, not a Menzi Muck; but the crew did a great job.  He presented certificates to the team members.  He stated the employees are the ones who get the job done; many times they do not get the credit for what they do; they took on something that was unusual and did a great job; and they deserve a big round of applause.  He noted the project was done in the heat of summer; it was a miserable project to do at that time; at times they were in holes eight feet deep with no wind; and reiterated they did a great job.   

 

 

 

County Manager Peggy Busacca requested Item VII.E, Vested Rights, Re:  Recommended Order for Rawland O. Mellin, be tabled to the October 23, 2007 Agenda. 

 

Vice Chairperson Scarborough advised as it is not a public hearing, it can be put on the October 23, 2007 Agenda without tabling it.

 

 

 

County Manager Peggy Busacca stated yesterday there was a series of meetings in Tallahassee; Congressman Feeney met with Representatives Altman and Rubio, and Senator Pruitt yesterday to coordinate some of the State and federal issues; and at the request of Dean Cannon, who was part of the Speaker’s Forum, several representatives from the Brevard County community, Space Florida, House staff from the Economic Development Council,  and Senate staff and the Governor’s staff from OTED met together to talk about several initiatives that Brevard County is interested in moving forward at the legislative level.  She stated they are moving forward even though the Board has not had the opportunity to formally look at these legislative acts; but now is the time to talk to the staff while they are in bill preparation.  She stated the two specific legislative pieces include a Qualified Space Contractor Tax Refund, which would be similar to the other qualified contractor refunds; and the other is the Space Flight Liability Act, which was passed in the State of Virginia, and which the County is very interested in having move forward in Brevard County.  She stated as they move forward, they will continue to keep the Board updated; but she wanted the Board to know that the Speaker’s Forum has been a kick-off for a variety of activities. 

 

 

 

Vice Chairperson Scarborough requested Item III.A.3, Waiver to Section 62-2883(D), Re:  Meadow Lake Estates, be removed from the Agenda for discussion at the end of the meeting.

 

 

Commissioner Nelson read aloud a resolution proclaiming October as Community Planning Month. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution designating October as National Community Planning Month, with the theme this year of “Great Streets, Great Neighborhoods.”  Motion carried and ordered unanimously.   

 

 

Planning and Zoning Director Robin Sobrino expressed appreciation to the Board on behalf of the Planning and Zoning Office.  She stated public sector planners are dedicated to making communities appealing places to live, work, and play; this is their passion; and expressed appreciation to the volunteers who serve on Local Planning Agency, Board of Adjustment, and Citizen Resource Groups.  She thanked the Board for its commitment to community planning.   

 

 

 

Commissioner Bolin stated the weekends seem to be buzzing with activities, and she wants to mention a couple that she was able to attend.  She stated one was the Open House at Fire Station #47 on Murrell Road; it was quite an event; and the children had a ball climbing around and looking at the trucks.  She stated they had the fire trucks and the Sheriff with his bomb squad; there were rooms filled with thank-you notes from different people in the community; and it was heartwarming to see all of the people who came out to honor the firefighters. 

 

Commissioner Bolin stated there was also a grand opening of the Viera Regional Community Center and Regional Park; and there were quite a few events there.  She advised of the winners of the basketball competition, by age classification.  She stated they also had drawings on the sidewalks; her Assistant Dave Dingley served as the judge for that; and advised of the winners of that competition.  She stated the other thing that was exciting was that she got to meet Elvis and have her picture taken with him; and Elvis was played by Brevard County employee Ken Wentz.  She thanked everyone in Parks and Recreation who helped to make the event a success. 

 

 

 

Commissioner Bolin stated she does not want to remove Item III.A.8 but after the vote she would like to make some comments on it. 

 

Vice Chairperson Scarborough stated someone from LRM Industries is present to respond to questions. 

 

Jim Callough, Sr. Vice President for LRM Industries, stated LRM is a young company, which is growing very rapidly; it makes large reinforced thermoplastic parts; it has a unique technology; and they built the plant in Rockledge to commercialize that technology.  He stated they started operation in summer of 2007; as they have large customer orders, it has forced them to three shifts; and now they are looking to expand the plan.  Vice Chairperson Scarborough stated the Board is pleased; and congratulated Mr. Callough and his employees. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute an Interlocal Agreement with the Town of Grant-Valkaria to establish a system for the regulation of registered contractors and unlicensed contractors, pursuant to Part I and Part II, Chapter 489, Florida Statutes and Brevard County Code of Ordinances, for a period of three years.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant preliminary plat and final plat approvals for Watersong at Viera; and grant a waiver of Section 62-1446 (d)(3)(b) of the required separation distance between structures from 15 feet to 10 feet for single-family detached structures.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Right-of-way Use Agreement with the Merritt Towers Condominium Association, Inc. for landscape/fencing improvements within the public right-of-way of Sykes Creek Parkway in Merritt Island.  Motion carried and ordered unanimously.   

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to waive competitive bid requirements for the milling portion of the Wickham Road Resurfacing Project and allow the Road and Bridge Department to utilize the quote from Mill-It, Inc., the milling subcontractor for the primary asphalt contracts, V.  A. Paving.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve expenditure of funds for title searches, surveys, environmental assessments, and appraisals in conjunction with the acquisition of property for use as a fire station on the west side of I-95 in the vicinity of the Port St. John/Golfview Parkway; and authorize staff to negotiate with the property owners or their representatives.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Meadow Lake Homeowners Association’s request for the Sheriff’s Office to provide traffic control enforcement for the community known as Meadow Lake.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute the Joint Participation Agreement and adopt Resolution with the Florida Department of Transportation; approve permission to bid and award bid; execute the Interlocal Agreement with the City of Melbourne for the Pineda Causeway Realignment Program from U.S. 1 to Wickham Road; and authorize the Chairperson to execute all agreements and necessary budget changes.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize staff to seek direct federal grant funding for the Barefoot Bay Water Plant Project; authorize Commissioner Helen Voltz to represent the Board of County Commissioners in this effort; and authorize Commissioner Voltz and Utility Services Director Richard Martens to travel to Washington, D.C. twice during FY 2008.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize the Chairperson to execute the annual Agreement with the State of Florida, Department of Health for operation of the Brevard County Health Department for FY 2007-2008; and authorize the Chairperson to execute any future amendments to the contract, and/or budget, contingent upon the approval of the County Attorney and/or Risk Management.  Motion carried and ordered unanimously. 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution and execute a Florida Power & Light Transmission Line Easement on Micco Scrub Sanctuary.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Memorandum of Understanding with Oceanic Applied Sciences and Environmental Solutions, Inc. (OASES) to establish programs to promote education, communication and application of natural resources management and conservation, and to develop opportunities in education, communication, restoration, and technology transfer programs between the EEL Program and OASES.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Memorandum of Understanding with Florida Institute of Technology (Florida Tech) to establish programs to promote education and communication in natural resource management and conservation and to develop opportunities in education, communication, and technology transfer programs between the EEL Program and Florida Tech.  Motion carried and ordered unanimously.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Agreement with the Community Services Council of Brevard, Inc. in the amount of $5,388 for the purpose of providing transportation services to the Seniors at Lunch program participants for a period of 12 months retroactive from July 1, 2007 through June 30, 2008, with an option for one year renewal.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the private sale of a surplus parcel of property pursuant to Florida Statutes 125.32(2); accept the $11,010.00 offer from Castle Properties, LLC; and authorize the Chairperson to execute all necessary documents.  Motion carried and ordered unanimously.  

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve award of bid #B-4-07-122 for Lift Station Control Panels for South Central Sewerage System to ECS Control Systems, Inc. as the lowest, responsive, responsible bidder at the total price of $150,002.61.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to direct the Financial Advisor, Bond Counsel, and staff to proceed with the preparation of bond documents for issuance of up to $20.0 million in Sales Tax Revenue Bonds, Series 2008; authorize the Financial Advisor, Bond Counsel, and Disclosure Counsel to prepare the Bond Authorization Resolution, POS, and related bond documents for the Moore Justice Center Expansion Sales Tax Revenue Bonds, Series 2008, including approval of selecting Bond Insurers, Registrar, and Paying Agents; and final Bond Resolution, POS, and related bond documents to be submitted to the Board  for approval prior to the Notice of Sale being advertised.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution qualifying Mainstream Engineering Corporation as an eligible business under the County’s Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution qualifying Mainstream Engineering Corporation as a Qualified Targeted Industry.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution qualifying LRM Industries, LLC as an eligible business under the County’s Tax Abatement Program; and authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution approving a commercial paper loan for the acquisition of a building and land for the Sheriff’s Department and Tangle Run Boulevard MSBU project; authorize the Chairperson and the County Attorney to sign the necessary loan documents; and authorize staff to make necessary budget changes.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution qualifying LRM Industries, LLC as a Qualified Targeted Industry.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution for the Brevard County Health Department, updating selected fees to cover the costs of providing services.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve requisitioning one-twelfth of FY 2008 budgeted funds for the Sheriff’s Office at the first Board of County Commissioners meeting in October 2007, one-sixth of the budgeted funds in January 2008, and equipment (capital) budget.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to reappoint Greg Cronk to the Medical Services Review Committee, with term expiring December 31, 2007; and appoint Liz Alward to the Employee Benefits Advisory Committee, with term expiring December 31, 2007.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Bills, as submitted.  Motion carried and ordered unanimously. 

 

 

Commissioner Bolin stated there will be a groundbreaking ceremony for the Pineda Causeway Realignment from U.S. 1 to Wickham Road on December 14, 2007 at 4:00 p.m.  She stated they are going to be starting work on the realignment portion, Wickham East; they anticipate construction will start in January or February 2008; and it will take approximately 18 months to do it.  She stated the project has been on the books for 20 years; and she is honored to be able to say it is getting done.  She stated the other half of the Pineda Extension will be on the west side of Wickham Road; that is still in the works as there are a couple of permits that need to be finalized; but they anticipate it will be started in 2008.  She stated the third segment of the project will be the I-95 interchange; it will be starting in 2008; and the Florida Department of Transportation is going to be doing that project.  She stated it is anticipated it will be two to three years before that is completed; they are still in the negotiation stage for construction of the overpass over the railroad; but that will not stop them from getting the project done.  She advised the groundbreaking ceremony will be at the old carwash on Wickham Road, across from Grand Haven Subdivision; and invited everyone to attend.  

 

 

 

Joe McManus stated he is an elected official of the United States Lifesaving Association, Southeast Region, which is a non-profit national organization with approximately 2,000 members; and the primary goals are the prevention of drowning deaths and the promotion of professional lifeguard standards throughout the country.  He stated it is the only agency that has expertise in open water lifesaving; the American Red Cross trains pool and lakefront lifeguards; but the U.S.L.A. is the recognized authority for open water lifesaving, including oceans, bays, or other waters where there are tidal changes.  He stated the U.S.L.A. occasionally does independent reviews and issues reports when it finds concerns about public safety issues; he attended a meeting of the Tourism Development Council and the opening comment by Chief Bill Farmer was that this has been a horrendous year in Brevard County for drowning-related deaths; and his purpose today is to extend the help of the U.S.L.A. in solving this problem.  He stated the U.S.L.A. intends to do an independent review of the ocean rescue service provided by Brevard County and issue a report; and submitted a sample of a report done for Destin in 2003 that resulted in a cooperative effort from all of the stakeholders involved to help Destin put together an ocean rescue service that is recognized nationally.  He stated they are an all
volunteer service; they do not charge for this; they are not a political organization or a labor union; and they are concerned professionals.  He stated he has been an ocean lifeguard since 1974; the members in the Southeast region bring decades of service to the discussion; and they want to help Brevard County deal with its recent problem. 

 

 

 

Tuck Ferrell stated he is concerned about the space program and the gap it will be facing; he is concerned about national security; he knows Commissioner Scarborough is concerned because it is his District; however, it is not just about a district or jobs in Brevard County, but it is about national security.  He stated it is about the country not doing much in space from 2010 to 2015; the country is going to drop the ball; very little is going to happen; and he is trying to learn more about it, but it appears the launch of the new vehicle, which will be the Constellation series, will not be until 2018.  He stated they will start working on the new vehicle in 2015; 13 years from now they will consider going to the moon; but the Japanese are circling the moon now; and this concerns him.  He stated the United States is going to pay the Russians to run the space program; and everyone needs to write and do something about this for national security.  He stated the United States needs some eyes in the sky in this vital time when it is at war and there are all these situations around the world; and not to have better control of space is unconscionable.  He stated everyone needs to write; he is going to Washington on his own ticket; there are a lot of political things going on; and it is time to move and for everyone to write to his or her Congressman.  He stated he knows the Congressmen are already working on this, but the more letters they can get to the President or the Congressmen, the more ammunition they will have; they need to hear about the Space Coast; they need to hear from the people; and they need to educate other people around the country about this national security problem because letting Russia service the Space Station and letting it have the most vehicles in space is not a good thing.  He stated with the gap, this country could lose all the workers and not be able to replace them; and that is the scary thing.  He commented on cost to start up the program, harm to the community and the entire country, and workers moving overseas to work on other space programs.  He stated if the space program is scuttled for five to ten years, it will be a shame what can happen; and the start-up will be a nightmare, trying to get people back and get them re-housed.  He stated our voices need to be heard; people need to contact the Governor; he is writing letters; and urged everyone to write letters and contact family members around the country to help.  He stated a grass roots effort is needed to get this off the ground; it is a shame the United States is not planning to go to the moon until 2020; everybody else is planning to go there now; and this really concerns him.  He stated he does not think this gap should occur; he hopes and prays for the area; and he hopes they can get a grassroots effort going on with more letters and information to help save the program.

 

Vice Chairperson Scarborough thanked Mr. Ferrell for speaking; stated the Commissioners have had two workshops, one on the jobs and the other on the workforce; and the area’s Congressmen have a lot to share with the community.  He stated Mr. Ferrell is telling the Board what he is hearing from the Congressmen; there was a time when Britain controlled the planet because it controlled the seas; in the Second World War, the battleships were out and it turned to air power; and today it is inconceivable that a power can exist without being in space.  He commented on people in Nevada controlling drones in Iraq, people having GPS, and the Chinese taking out a satellite; and advised the issue is a country does not have to directly attack
the United States.  He stated from Beijing, they were able to hack into the Pentagon; the United States is vulnerable, not because it does not have technology but because the technology has created a new vulnerability that needs to be protected.  Commissioner Scarborough stated the country is going to find if it is not willing to protect the technology that it could be the country’s downfall; he is hearing that 90% of the engineers could move to Asia; and that means economically, patents would be generated from there.  He stated when he was in Washington, D.C., he heard that out of the entire United States, Brevard County is number two for the percentage of engineers; to talk about Brevard County is to talk about the image of what America is; and to abandon the space program is not about having engineers without jobs in Brevard County, but about abandoning the vision of this country. 

 

Mr. Ferrell stated he is going back to Washington, D.C.; he has two more meetings up there; and he is concerned about national security.  He stated this is critical to the nation and is not just about Brevard County.

 

PUBLIC COMMENT, RE:  JEFF KUHN, SUSAN VALENTINE, AND GIEDRE SNIPAS  -
     BEACH RENOURISHMENT                                                                                                                                                                  

Jeff Kuhn stated he represents property at 3435 South A1A; with him is Jill Hamilton who is the assistant to the landowner; and recently they made the news concerning the storm damage on the beach.  He stated he is present with three goals; one is as a landowner, to come with blinders on; and he wants to know what his rights are as a property owner and how the Board can help with those rights.  He stated the second is as a citizen of the community, he wants to know about the continuity of the law and the jurisdiction of that beach line; there are a lot of people involved with it; and they want to protect their property.  He stated as a creature of the earth, he wants to protect the environment, the shoreline, and all the animals that are currently protected by it.  He stated with those goals in mind, they sought and received an emergency permit to place sand in front of the shoreline; that has been done twice in the last two years; but it does not seem to be a viable fix, so they are seeking alternatives.  He stated his understanding is seawalls and other erosion control measures require additional hearings with the Board; and he is unsure of those rules and regulations and the potential of options they have, both using other product lines and other erosion control measures.  He stated although they have the sand permit, they have access problems; and submitted photos of the property.  He described the pictures of his house, the dune erosion, and neighbors’ properties.  He stated it is hard to see the easements on both sides of their property or crossovers for subdivisions from across A1A that include 40-plus homeowners that are involved in this erosion; and they have crossovers that probably no longer meet building or safety criteria for a crossover on the beach.  He commented on the community working together to put back what is needed and share in the cost; and inquired if there is any cost sharing from the County or are funds available from the County, State, or federal government.  He stated most of the sand work that was done in the past was done for the sake of the turtles and erosion control from the 2004 storm events; and inquired if County funds for storm repair kick in.  He inquired if storm funds are available as an individual landowner and how do they apply for them; and how would he set up a special hearing with the Board to resolve other erosion control measures. 

 

Vice Chairperson Scarborough stated the Board will hear all the speakers and then have discussion.     

 

Jill Hamilton stated the newspaper said it is not enough of an economic impact for the federal government to come in; she is not sure where the Board stands on that; but it is an economic impact.  She stated if there are ten houses, those are property taxes and tourism dollars for the hotels; and it has a trickle down effect. 

 

Susan Valentine thanked the Board for its help in the past during the hurricane season; and read aloud from an excerpt from an article that appeared in the newspaper advising about 400 parcels and their owners south of Spessard Holland Park, also get left out of the federally authorized beach replenishment project because a study found insufficient public infrastructure or economic benefit to merit a large scale sand pumping project.  She stated it says the County expects to have results back soon from a new study that reevaluates those economics; and inquired when it will come back. 

 

Vice Chairperson Scarborough stated questions will be answered at the end.

 

Ms. Valentine stated she assumes from that statement that no taxpayer monies should ever be used in areas of the County that do not provide economic benefit; but she does not think that is true.  She stated the insufficient public infrastructure or economic benefit is largely because of all the State, County, and Mellon Foundation property that was purchased during the 1970’s, 1980’s, and 1990’s in the South Beaches; all that property is off the tax rolls; and by doing this, the County has handcuffed the residents and homeowners in the South Beaches.  She stated they cannot have sufficient public infrastructure or provide economic benefit because they have nowhere to expand; that 16-mile stretch of the County is provided with a minimum requirement of police and fire protection; that is a well known fact; the South Beaches are 99% residential property unlike adjoining beaches that have oceanfront property; and every 75 feet, which is the approximate width of a lot, is valued at over $1 million.  She stated if there are 500 parcels, that equates to somewhere between $8 and $10 million in taxpayer money that the County receives; and inquired if $8 to $10 million is not sufficient economic benefit to the County.  She stated she expects to have the same privileges and representations as the rest of the homeowners owning property on the oceanfront in Brevard County; and her home means as much to her as theirs do to any of the people who live and pay taxes on oceanfront property in Indialantic, Cocoa Beach, or Satellite Beach.  She stated the Florida TODAY article quoted Ernie Brown, Director of the County’s Natural Resources Management Office as saying, “We’re trying to balance the ecological and the economic and the recreation here.  I don’t think we, the County, should be in the business of protecting personal property.”  She stated if the County cannot get the money from the federal and State coffers, it should sell the property in the South Beaches that it owns and turn it into sand for them; and inquired if this is an economic problem or a political problem.  She inquired if it is because the South Beaches do not provide as many votes as the mainland inhabitants; and stated they know the small population in the South Beaches produces the revenue, so it must be the votes.  She suggested perhaps the barrier islands should be a separate tax district and the funds be set aside for natural occurrences that affect that area; and requested the Board encourage staff to get the South Beaches on a federally funded engineered beach program as trucking sands into the dunes does not work.  She stated they go to Indialantic and see that engineered beaches do work; and there is a free lunch at her house for anyone who would like to come and survey the beaches. 

 

Giedre Snipas stated she owns the Sea View Resort Motel; after the hurricanes, the County put a large amount of sand down from FEMA; but that sand washed away in two days, so that is not a solution.  She stated if the County cannot find a solution, it should let the people pay to protect themselves  and find their own solution.  She stated she does not know how many have walked the miles of beaches in the South Beaches or measured the amount of land between the foundations and the escarpment of the dunes that have washed out; but many properties are 15 feet away from their foundations, including the three or four feet of FEMA sand that has been added to make the 15 feet; and inquired what will happen with the next event, which may still happen this year.  She inquired what will happen to the County’s receipt of property taxes if such an event happens again; and stated all of the properties will lose land, more than they have already lost, for which they are being taxed and for which they are paying mortgages.  She inquired what will happen when the County has to resurvey all those properties and reassess all those taxes; and where will the County’s tax money come from then.  She stated there will be another event; and it will take not only single houses or motels, but also numerous townhouses and condos and probably three-quarters of what is on the beach now.  She inquired if the Board realizes the amount of property taxes it will be losing; and advised the people are willing to pay to protect their properties but their hands are being tied.

 

Natural Resources Management Director Ernie Brown stated he would like to clarify the quote and the discussion that was in the newspaper; the discussion revolved around what triggers activation of beach projects and how the projects in the past have operated; and the beach projects, in accordance with the Comprehensive Plan, the Ordinances, and efforts through beach management and renourishment, have been focused on public benefit projects, which include the personal property protection, loss of life, and protection of property of individual property owners.  He stated what they struggle with and what this particular discussion revolved around is that the renourishment/replenishment work normally does not get triggered unless there is a state of emergency declared, as was in the past when Hurricane Wilma came through.  He advised in that case, a state of emergency was declared, which triggered FEMA, the State, and the County to move forward and replace, replenish, and shore up the shoreline protection projects that were done the previous year; in that context there was no mechanism to address those personal properties without the state of emergency; and it is important to understand the process and the context in which that discussion was held.  He stated it by no means indicates that the County was not interested in personal properties; staff was working with the property owners to try to assist them to get the emergency permits to allow them to put sand back on their properties; and that is an important caveat to understand.  He stated one was issued on Friday for Sandy Shoes, which is one of the issues for sand; and the dilemma there is the County has not been historically involved unless the declaration of emergency has been enacted.  He stated he wanted to clarify that and put it in the context of how it was delivered.  He inquired if the Board wants an overview. 

 

Vice Chairperson Scarborough stated there are two new Commissioners; the issue with sand on the beaches did not happen just yesterday; there are different programs at different places; and they have funded different sand projects through different County methodologies.  He stated Mr. Brown could give a good report now, but it may be better if he provided a written report; there are two Commissioners missing who are involved in these issues; and that would allow them to hear the report.  He stated this is not something the Board is going to solve today; but he will commit that the Board is not going to put its head in the sand and will get a report.  He stated if
need be, the Board can move to some type of workshop where it can discuss the issues; technology has been brought up over the past, which is a separate issue; and then there are funding sources and where they can be applied.  Vice Chairperson Scarborough stated the Board has gotten into issues; it talked about worm rock in certain areas; there are different problems in different areas; as they go closer to the Port, there are other dynamics up there with the jetty; and he would like staff to put together a full report, which can be shared with the community.  He stated this is not just the South Beaches, but the entire beach community; the problem is the budget is getting harder and harder; and commented on the 4-H budget taking a hit.  He stated if there had not been certain events happening with the budget, there would have been more money in sand; and reiterated his request for Mr. Brown to put a report together.  He stated that would be better than just taking it in pieces; if the Board gets a report, it can critique the report to say what other questions need to be addressed; and the Board will have everyone come back, if that is acceptable to everyone. 

 

Mr. Kuhn inquired when it will come back; with Mr. Brown responding a report can be prepared in two weeks.  Vice Chairperson Scarborough stated in three weeks, the Board will be receiving a report; and he would like for the interested parties to be able to review the report.  He stated he does not like to come into a meeting and have the report just be there.  Mr. Kuhn stated the landowners are looking for alternative options and the costs of the different projects.  Vice Chairperson Scarborough requested Virginia Barker meet with the people and get a scope of their questions; and stated it sounds simple, but different technologies cost different amounts and different places can get different funds, and it is not just the South Beaches.  He advised after the hurricanes he did go to the South Beaches and saw the sheer drop-off that was very near to some people’s homes, so he is aware of how it can happen very rapidly.

 

 

 

Daniel Baumann stated he wants to discuss a procedural issue with regard to coordination of wetland development or permitting with regard to the State and federal government; there is a petition before Commissioner Bolin and he has talked extensively with Assistant County Manager Mel Scott; and expressed appreciation to both for their personal attention to his concerns.  He stated he does not want to talk too much about this at this point because there is a Special Master hearing for the particular project; but he would like to bring up one of the things that came out with regard to the project, which was permitted by the County.  He stated after eight months of construction, he contacted the Army Corps of Engineers and St. Johns River Water Management District and found there were no valid permits for the project at the State or federal level; he found that for the Army Corps of Engineers there was a permit that lasts in perpetuity; however, there is a period of construction that is limited to approximately five years.  He stated with regard to the State, there was no permit; and the engineer of record told the investigating officer that he did not know that he needed a permit from St. Johns River Water Management District to do this work. 

 

Vice Chairperson Scarborough inquired what Mr. Baumann is asking the Board to do; with Mr. Baumann responding he is asking the Board to change the Ordinance to require the County to insure there are State and federal permits in place, specifically with regard to wetlands, before
the County approves permits to develop those wetlands.  Vice Chairperson Scarborough requested Assistant County Manager Mel Scott meet with Mr. Baumann; and advised of the procedure to bring forward an Ordinance change.  Mr. Baumann stated that sounds fine. 

 

 

The meeting recessed at 10:45 a.m. and reconvened at 10:57 a.m.

 

 

 

Vice Chairperson Scarborough stated there are items concerning speed humps under Unfinished Business as well as New Business; and there are some diagrams and charts.  He stated he would like to talk about them all at once. 

 

 

 

Vice Chairperson Scarborough called for the public hearing to consider a request to continue the public hearing to consider a petition to vacate and accept drainage easement on Hidden Hills Drive, in Hidden Hills Subdivision as petitioned by R. K. Engineering. 

 

Transportation Engineering Director John Denninghoff stated four times previously this item has been continued at the request of the petitioner; each time the reason for the request to continue has been that the applicant needed more time to put together engineering and permitting drawings that would demonstrate that they were satisfying the concerns of staff that was objecting to the vacating request; but they have yet to do that.  He stated the applicant has requested that the item be continued to December 11, 2007; staff does not object to that; but staff is requesting the Board to indicate this is the last time the item will be continued.  He stated subsequent to that, if it is not approved or heard at that point, the applicant will need to re-petition as a new item.   

 

County Manager Peggy Busacca stated in the past there has been a concern about items being tabled for more than six months without re-advertisement; and this originally was considered in January 2007, so the fact it has gone eleven months may be an issue for the County Attorney.  County Attorney Scott Knox stated as long as it has been continued to time certains, it is not an issue; but the advice to make this the last continuance is good advice. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to continue the public hearing to consider resolution to vacate and accept drainage easement on Hidden Hills Drive in Hidden Hills Subdivision as petitioned by R. K. Engineering to December 11, 2007.  Motion carried and ordered unanimously. 

 

 

 

Vice Chairperson Scarborough called for the public hearing to consider a resolution vacating any public interest in a portion of Dike Road right-of-way as petitioned by Melbourne 95 New Haven LLC and Kettle Construction LLC. 

 

Keith Nielsen stated he is against the project where they want to get rid of the right-of-way and part of the property to the south that was zoned agricultural residential when it was in unincorporated Brevard County; the City of West Melbourne started annexing the property into the City; his wife emailed Commissioner Colon but got no response; but she did get an answer from Assistant County Manager Mel Scott who said he could not help because the property was being annexed into the City.  He stated he lives in the County; he is directly across the street from the property; and it seems like when he and his neighbors go to the West Melbourne City Council meetings, no one listens to them because they do not live in the City.  He stated he does not want commercial across the street from him; and his neighbors would probably be present but they have to work and this is a morning meeting.  He stated this is his last hope that someone will listen to his concerns to keep commercial up by U.S. 192; when he bought his land on Keystone, he expected homes would be built across the street; and if he had known that a commercial building would be across the street, he would not have bought the property.  He stated the value of his house is going to go down significantly because he is going to be looking at a big building, which he believes will be Gander Mountain; and if the Board has any power to help the community, now is the time.  He inquired if the Board cannot stop this, can it force the developers to make the buffer along the east side of the property wider, such as 100 feet instead of 20 feet and to make it a natural buffer so they will not see the buildings.  He stated he feels he has no say; and if there is anything the Board can do to help him and his neighbors, they would appreciate it. 

 

Transportation Engineering Director John Denninghoff stated this is the first he has heard of an objection; Mr. Nielsen is correct that the property is the subject of a proposed development of some magnitude, slightly below a DRI in terms of magnitude; however, at the same time, there are no plans to improve the road, so it basically meets the criteria for a vacating.

 

Assistant County Manager Mel Scott stated in his email he emphasized that staff recognized it is very appropriate that this is an issue that backdrops the Resolution recognizing National Planning Month; there are shortcomings in the public participation process at jurisdictional boundaries; but there is very little jurisdictionally they are able to do to incorporate Mr. Nielsen’s thought process because this is in the City.  Mr. Nielsen advised he understands that; and that is why he wanted to say how disappointing it is that he lives in the County and has no say.  He stated when he goes to West Melbourne, he is looked at like he is dumb; they are there for the money; and that is all they want to do. 

 

Commissioner Nelson inquired where on Keystone Mr. Nielsen lives; with Mr. Nielsen responding he is fourth from the end on the south.  Commissioner Nelson stated it does not appear that it is being vacated all the way down.  Mr. Nielsen pointed out his property on the map.  Mr. Denninghoff stated the portion of the project that is the subject of this vacating request is the northerly half of the road right-of-way; and the southerly portion is probably going to be in for vacating as well, but it is under separate ownership. 

 

Milton Barreto stated he bought his property at 2160 Ohio Street in West Melbourne last year; but when he bought it, nobody told him that a road was going to be built in his backyard.  Vice Chairperson Scarborough requested Mr. Barreto point out the property on the map; with Mr. Barreto doing so.  Mr. Barreto stated when he bought the property last year he did not have concerns that there was a right-of-way in the back of his backyard; but he received a letter from people saying they needed a part of his land; and he does not know what is going on.  He stated one day he went to work and came home to see a backhoe and people making a street behind his yard; and he wants to know what this is coming from and what the decision is going to be. 

 

Vice Chairperson Scarborough stated if this item was in his District and he was not here, he would not want the Board to continue until he could be involved; and the Board owes it to the Commissioner of the District to let her know the complications that are coming forward.  He stated the Board will not make any decision today, but will table the item.  

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to continue the public hearing to consider vacating any public interest in a portion of Dike Road right-of-way as petitioned by Melbourne 95 New Haven LLC and Kettle Construction LLC to November 13, 2007.  Motion carried and ordered unanimously.

 

 

Vice Chairperson Scarborough stated it would be good if Mr. Nielsen and Mr. Barreto started working with staff and the Commissioner as to their particular concerns.  Mr. Nielsen inquired if the meeting on November 13, 2007 is a morning or evening meeting; with Vice Chairperson Scarborough responding the Board only has morning meetings.  Mr. Nielsen advised that is rough for people who work; with Vice Chairperson Scarborough advising he is sorry. 

 

 

 

Vice Chairperson Scarborough called for the public hearing to consider an ordinance amending Code of Ordinances by replacing additional references to “occupational license” with terminology “business tax receipt” and replacing the terminology “occupational license tax” with the terminology “business tax.” 

 

There being no objections or comments heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, amending the Code of Ordinances by replacing the terminology “occupational license” with the terminology “business tax receipt” and replacing the terminology “occupational license tax” with the terminology “business tax”; specifically amending Chapter 10, Amusements and Entertainments; amending Chapter 10, Article II, Division 2, Section 10-52, Business Tax Receipt Required; amending Chapter 62, Article VI, Division 2, Subdivision 1, amending Chapter 62, Article VI, Division 5, Section 62-1841.5.5e, Resort Dwellings, amending Chapter 62, Article XV, Division 1, Section 62-4901.5(12), Findings of Fact; amending Chapter 62, Article XV, Division 1, Section 62-4910(1), Presumption of Fact; amending Chapter 102, Article II, Division 2, Section 102-52(a), Display of License; amending Chapter 102, Article II, Division 3, Section 103-85(d), Classification 46: Individual Professionals, Professional Offices; providing for conflicting provisions; providing for severability; providing for effective date and providing for inclusion in Code.  Motion carried and ordered unanimously. 

 

 

 

Vice Chairperson Scarborough called for the public hearing to consider a request to table the public hearing for transmittal of 2007-C Comprehensive Plan Amendments to the Florida Department of Community Affairs.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to continue the public hearing to consider transmittal of 2007-C Comprehensive Plan Amendments to Florida Department of Community Affairs to December 4, 2007.  Motion carried and ordered unanimously. 

 

 

 

Vice Chairperson Scarborough called for the public hearing to consider a request to table the public hearing for application for modification of Rosehaven Subdivision Plat, Lot 10.  He stated he understands this is still in litigation; with Attorney Cliff Repperger responding that is correct.  Vice Chairperson Scarborough inquired how the litigation will proceed if the Board does not have this hearing and have the administrative remedies been exhausted.  Mr. Repperger advised at this point there are two separate cases going; one is the declaratory judgment action; and the other is the statutory way of necessity case.  He stated as far as the declaratory judgment action is concerned, their position is that they cannot proceed forward at this time because they do not know which correct Code sections should be applied to their application, so they are trying to get the court to clarify that so they can move forward as they are not in agreement with the way the County wants to bring this forward as far as the Code sections that apply.  He stated as far as the statutory way case, there is a hearing for the County to have a motion to intervene on November 26, 2007; so it is kind of sitting there until that hearing; and then it will depend on how it plays out.  He stated if the County is allowed to intervene, then the County will get into the case and start to litigate; and if not, then a statutory way of necessity will most likely be granted over the property, which may affect the way it moves forward from there.  He stated they are not sure yet as far as the analysis of how that will play out, but certainly it will

have some effect; at this point, they think it is appropriate for the Board to continue this matter administratively so that they can evaluate all those claims in litigation.  Mr. Repperger stated they are working with their planners to try to meet with the neighbors as they have not done that yet, but they would like to have that opportunity before this comes back to see if there is any way to meet their concerns when and if it does come back administratively.  He stated if they meet with the neighbors and reach some resolution regarding their concerns, the applicant would be willing to abate the litigation at that time and possibly bring it back to the Board, assuming everyone is in agreement with the way it should play out.    

 

County Attorney Scott Knox stated obviously there is a disagreement about what the position on the law is, but there is probably some merit in talking with the neighborhood; and he would advise the Board to continue the public hearing to a time certain in December and see how things go.  Vice Chairperson Scarborough inquired how that would impact the litigation; with Mr. Knox responding it is not going to affect the statutory way of necessity case; that will go forward; and it may or may not affect the other case depending on what happens.  He stated ultimately it is the County’s position that before they can proceed with a declaratory judgment action, they have to come back to the Board and get a vested rights determination or some other administrative remedy before they can go to court; and the judge will have to decide that issue.  He stated if the judge decides they have to go through their administrative remedies, it will be back before the Board, so if the public hearing is continued, it does not hurt it. 

 

County Manager Peggy Busacca advised the meetings in December are on December 4 and December 11, 2007. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to continue the public hearing to consider application for modification of Rosehaven Subdivision Plat, Lot 10 to December 4, 2007.  Motion carried and ordered unanimously. 

 

 

 

County Attorney Scott Knox stated this is a request to waive the statutory timeframes; the staffs have met and are making progress toward a resolution, but need more time; and in order to accomplish that, it is necessary to waive the 50-day deadline for holding the joint meeting. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to agree to extend statutory timeframe to schedule a joint meeting of the County Commission and the Melbourne City Council.  Motion carried and ordered unanimously. 

     

 

 

Vice Chairperson Scarborough commented on the impacts to the different Districts for speed humps. 

 

Tracy Wilburn advised he is present with his mother, Belinda Berry, and their neighbors; and they are having a problem with the speed issue on Ollie Road.  He stated he has been set back a little better than $4,500 because he was dragged 20 feet out of his own yard by someone speeding down the road; the speed limit is only 20 mph, but there are people flying through there at 40 mph and higher; and they have been in contact with the Brevard County Sheriff’s Office, which referred them to Commissioner Nelson’s office.  He thanked Commissioner Nelson and his staff for their help. 

 

Commissioner Nelson stated Mr. Wilburn is in support of the speed humps; with Mr. Wilburn responding he is in support of the speed humps, and has photos of the accident. 

 

Vice Chairperson Scarborough stated Mr. Wilburn is referring to Ollie Street which is the subject of Item VIII.A.3 in District 2. 

 

Mr. Wilburn displayed photos of the accident, which took place as he was backing out of his yard; and advised his neighbor witnessed the accident.  He noted he was at fault for improper backing; at the time the officer was investigating the accident, people were flying by the officer, so he was writing down tag numbers; the street leads back to a cul-de-sac; and there is a little bit of a drug issue going on back there so people are running in and out very fast.  He stated speed bumps would be the resolution to the problem.

 

Dottie Pridgen stated she also lives on Ollie Street and agrees with everything Mr. Wilburn said; but her concern also is that there are no sidewalks on the street.  She stated there are a lot of children who play in their front yards; and also there are elderly people who walk on the street for exercise.  She stated the speeders are a big concern.

 

Belinda Berry stated she heard the Board would be talking about abolishing speed humps; and requested the Board not do that as it may be the citizens’ only salvation.  She stated she owns cats; she bought her house in 2003 with the intention of living and dying in it; and she did not know there was a drug problem in back.  She stated four people from her street are present; and complimented Commissioner Nelson and his staff for their help.  She stated the Brevard County Sheriff’s Department has also done an excellent job; but by the time she calls them, people have gone in, gotten their stuff, and are gone; and the cars act like when they get to the curve going to the back they are at Daytona at the very last lap.  She stated the cars come in on her street; she can hear them turning off of Clearlake Road; she is the sixth house from Clearlake Road; the cars have booming music and dark tinted windows; and by the time they reach her house, they are flying.  She stated the Florida Highway Patrol Officer almost got run over trying to look at her son’s truck; she was nearly run over trying to take pictures of the truck at 9:00 a.m.; and the other party in the accident was one of the residents, a man who was in a hurry and did not pay attention.  She stated by the time law enforcement got there, the man was holding his chest and her son was concerned about him having a heart attack because he had his oxygen on; she was taking photos of the damages; and at 20 mph it is not possible to break someone’s tire, puncture it to the point it is flat, and drag the car out of the yard.  She stated it is well known there is a drug problem in the back; the cars come through the area flying; they get their stuff and they are back out; and the Sheriff’s hands are tied.  She stated they cannot do anything because they do not have enough officers; and she applauds the law enforcement
officers who have been responding in her area but by the time they get there, the cars are going so fast that they cannot even get a tag number, and can barely get a description other than it was a black streak going down the road.  Ms. Berry stated if there are speed humps, that might help; and even if they come in flying, they will be stopped so the police can get them.  She stated she is concerned; she has breathing problems; her family comes to her house to check on her; and she never knows when she is going to be taken to the hospital.  She stated she is on oxygen; even her suppliers cannot come in and get off the road enough without worrying whether the van is going to get hit; and it will explode if it is hit because it is carrying oxygen.  She stated she and her son initiated this request; and thanked staff for its help.  She stated this has been tabled for a while because they did not know what was going to happen with the tax thing; she pays taxes and has homeowners insurance; and commented on drug deals, drunks hitting mailboxes with baseball bats, and danger to small children who run into the road to get a ball.  She suggested putting a Sheriff’s Department safe house in the back; and commented on windows being jarred from loud booming music. 

 

Vice Chairperson Scarborough advised the Board is not talking about boom boxes this morning. 

 

Claire Zuhlke stated she lives on Griffin Drive; she has pets including peacocks and ducks; the neighbors have chickens and puppies; at the July 25, 2007 Budget Workshop she asked for speed humps on Griffin Drive; and after that a spirited discussion followed, but nothing was decided.  She stated she sent information on the problems she has been having for the past year.  Vice Chairperson Scarborough stated Griffin Drive is the subject of Item VIII.A.1, and is in District 2.  Ms. Zuhlke stated the cars are still speeding; the speed limit signs do no good; the commercial and personal vehicles are constantly using Griffin Drive as a bypass between Lake Drive and SR 520; they build up a high rate of speed, even with the poor condition of the south portion of the road; and it is dangerous.  She stated there are children on the corner; people have dogs and grandchildren; she has a 14-year old dog that is a licensed therapy dog and is deaf; and she does not want to see her dog run over.  She stated they need the speed humps. 

 

Jim Zuhlke stated he realizes budget cuts have to come from somewhere, even with the increased taxes over the past several years and that the Board has been working hard on the budget cuts; but the people have been working on trying to get a speed hump on his street for close to two years.  Ms. Zuhlke advised there are ten of them on the other road.  Mr. Zuhlke stated this is not an area where tax cuts should be taken; at the Budget Hearing the Board said it wanted to work on redoing it; and one of the things the Board was talking about was taking all the speed humps and trying to decide which ones are in the County instead of in the District or which are most necessary. 

 

Vice Chairperson Scarborough stated he does not know if that is the direction he sees it going; since the monies come from MSTU’s, they can only be spent within the District where they are collected; Mr. and Mrs. Zuhlke’s area is within District 2; and he could not take District 2 money and put it in District 1.  He stated where Commissioner Nelson’s District may have money, District 1 may be stressed further looking at what is coming in the process with 82,000 in District 1 while there is 28,000 in District 2; and that does not necessarily mean that he will not spend the same amount of money, but it may mean they cannot do as many roads of those that have been requested.  He stated that is where the conversation may go; it is up to District 2 how the monies are applied; and that is where the conversation will be proceeding very quickly. 

 

Ms. Zuhlke stated she has volunteered to put her own speed bumps out on the road with a couple of dozen bags of concrete; and the poor speeders could hurt their cars. 

 

Dorothy Davis stated she does not know who represents the people in Port St. John, but they need speed humps on Brandon Street and Pluto; one of the homeowners is terribly concerned about Pluto; but she lives on Brandon Street.  She stated they also need to learn how to get their street repaved. 

 

Vice Chairperson Scarborough stated neither Pluto nor Brandon is on the list today; with Mr. Denninghoff advising they are not.  Commissioner Scarborough stated there are streets that are in the process, but do not appear on the Agenda today; and that adds to his point that he has other streets that need to be considered at the same time.  He stated he did not mean to interrupt but Ms. Davis is helping to describe the dynamic situation the Board has.

 

Ms. Davis stated she appreciates the Board’s courtesy because she now realizes that she did call on two occasions a week ago; staff advised her they were going to discuss whether speed humps would be continued as a County project; and that is her purpose as she did not know if she would be on the program. 

 

Commissioner Bolin inquired if Ms. Davis is saying she would be in favor of keeping speed humps; with Ms. Davis responding yes.   

 

Vice Chairperson Scarborough stated it is unusual at this point to see people in the audience who have not spoken; and inquired if there is anyone who wishes to speak; with no response being heard.  He requested Mr. Denninghoff describe the dollar amounts. 

 

Transportation Engineering Director John Denninghoff stated the memorandum that was dated October 3 went to each of the Commissioners, and the purpose was to give a snapshot to the Board of where it stands with speed humps currently.  He stated there are four categories of speed humps; there are the items that are under Unfinished Business today, which were held at the May 22, 2007 Board meeting; there are items that since that point in time have been completed through the study process and are before the Board under New Business; there is another group of speed hump items that could come before the Board towards the latter part of November; and finally there is a category that is unknown in a sense.  He stated constituents will call, like Ms. Davis, and get a speed hump package and start working on trying to get all the signatures that are needed; they may or may not ever come back; and so staff does not know what is going on with those.  He stated sometimes staff will call and find the people have lost interest or changed their minds, or they could be working very hard on it and will soon be submitting it to the Board.  He stated when staff looked at all of those, they knew approximately how much each of those items would cost; they categorized those by District; and what is seen on the second page of the memorandum is the amount of money per District that would be required to take care of all the speed humps that are currently aware of.  He stated the ones that Ms. Davis was referring to are not on the list and there are others that have called in during the last few weeks that are also not on the list.  He stated the totals, by District, are what Commissioner Scarborough was referring to at about $82,000 and $29,000 for District 2; and the last row on the spreadsheet on the second page is the amount of money that remains
unspent at the end of FY 2006-2007 and out of the earmarked funds that were set aside as was previously the practice.  He stated as a part of the tax reform and the budget cuts that were subsequently a part of that, the earmarks were eliminated from the budget; that does not mean that there are not the MSTU dollars there to do it; but it does mean that the money would come out of the programs or possible expenditures that the MSTU dollars could have been spent on other than speed humps, which would  primarily be associated with culvert replacement or resurfacing of roadways through the Road and Bridge Department. 

 

Commissioner Nelson stated there is going to be good news and bad news; the good news is that in his District he is committed to finishing the ones on the project list; he is going to recommend approval of those and adjusting the budget accordingly; but he is also going to be asking that the County not pass out any additional packages. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve requests for the installation of one speed hump on Griffin Drive in unincorporated Cocoa; installation of two speed humps on Ollie Street in unincorporated Cocoa; and installation of two speed humps on Jacaranda Street in Merritt Island.  Motion carried and ordered unanimously.

 

 

Vice Chairperson Scarborough stated his dilemma is that it is not going to be possible to reallocate enough just to continue to do all of them; however, it is not fair just to do none of them because there are situations the Board heard about today where there could be a loss of life, so it is not fair to say it is not basic health and safety that they can walk away from.  He stated his conversation with Mr. Denninghoff yesterday was there is still $26,000 in survey mode; that is actually more than Commissioner Bolin has as a total; and he would like staff to finish up and see where all of them lie.  He stated he was talking to Mr. Denninghoff about doing a technical analysis; it may not be ranking one, two, three, four, five; but it may be a safety type analysis.  He stated they can hand that categorized chart to everyone who is interested and have one hearing where all of them could come in and say what class they should be in; and he would be able to draw a line and say they would do class one and two safety issues, but three, four, and five would not be funded.  He stated he is very concerned with the further budget constraints; and he would hate to do one that is not needed with the limited funds and leave one that is more important without speed humps. 

 

Vice Chairperson Scarborough passed the gavel to Commissioner Bolin.        

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to direct staff to finish up the analysis of the $82,000, do a characterization of priorities not getting into the subjective but to the extent it can be technical; and report in sufficient time to provide it to all interested streets so the residents can come back as one total discussion.

 

 

Vice Chairperson Scarborough stated it is going to be a big issue; he does not know if there is any other fair way to spend limited resources without allowing everybody an equal opportunity; and otherwise, he may take one that is in first, use up the limited funds, and not have funding for one that may come along that is much more dangerous.

 

Commissioner Nelson stated he wants to make sure he understands what Commissioner Scarborough is asking; and inquired if he is taking his area and creating criteria.  Commissioner Scarborough stated he would like to get all the information in; staff already obtained certain information such as how many cars are over the speed limit and different issues; there are other little nuances so staff can characterize them as to the bigger safety issues versus the lesser; and from that he can allocate.  He stated it is going to be a reallocation that will impact other things such as culvert replacements, resurfacing, and things of that nature, so it is not without cost to other programs, but it is about safety.  Commissioner Nelson inquired if the $82,000 that Commissioner Scarborough is referring to is for all the programs currently under survey; with Commissioner Scarborough responding under District 1, the total is $82,000, but he is not talking about everybody under survey, only his.  Commissioner Nelson stated he was going to suggest having the same kind of process; he is in a better position because he does not have the huge numbers that Commissioner Scarborough has; but he would still like to go through that process because this is one of the impacts they will have to deal with.  Commissioner Scarborough stated the motion is amended to read accordingly. 

 

Mr. Denninghoff requested clarification; and stated they want it for the ones that are currently out for survey; but since they rely on the citizens to respond, they may not respond in a timely manner; and inquired how long should they wait for the surveys to come in.  Commissioner Scarborough inquired how long does staff normally wait; with Mr. Denninghoff responding six months and they cannot reapply for another year.  Commissioner Scarborough stated if there are any outstanding surveys, staff needs to contact the people and tell them the surveys need to be back in a month; and if they are not back in a month, then the Board will proceed with the allocations at that time.  Mr. Denninghoff stated it would be in January.  Commissioner Scarborough stated he would prefer to give everyone enough time and do it right. 

 

Commissioner Bolin inquired if District 4 or all Districts can be included.  Commissioner Nelson stated he has no concern with doing it for all Districts.  Commissioner Scarborough stated that is fine as part of the motion. 

 

Commissioner Bolin called for a vote on the motion.  Motion carried and ordered unanimously.             

 

 

Commissioner Nelson stated the speed humps in District 2 were already approved. 

 

Commissioner Bolin passed the gavel to Vice Chairperson Scarborough. 

 

Vice Chairperson Scarborough stated they were doing more because they had more money; and commented on monies that were removed from different programs. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Contract for Sale and Purchase with Barnes Plaza, LLC for the Barnes Boulevard West Widening Project.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Interlocal Agreement with the Town of Malabar to allow the County to continue to administer and manage the Stormwater Program for the Town of Malabar.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Certificate Regarding Matching Funds, which is required in order to receive a $60,548.51 grant for activities involving federal elections.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission to advertise a public hearing to consider an ordinance amending Section 62-507 of Brevard County Code of Ordinances to add new Subsection 62-507(a)(8) to provide for consent vested rights determined by a Special Master and establishing criteria for consent vested rights.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize the Chairperson to execute Agreement with Atlantic Environmental Solutions, Inc. for expert witness testimony on wetlands in the case of Stack v. Brevard County.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Permission to Enter Property; approve the Stipulation between the parties cited with violation of the County’s Land Clearing Codes, Frank and Lisa Pisciotta; and staff to resolve Code Enforcement Case #06-0065.  Motion carried and ordered unanimously. 

 

 

 

Vice Chairperson Scarborough stated the Agenda Report says the conservation easement will be maintained by the homeowners association; and commented on homeowners associations that cease to be able to function.  He stated if at any time the homeowners’ association defaults and cannot do the maintenance, the County should be capable of going in and maintaining and should be able to assess from those persons who benefited, the property owners who are members of the homeowners association, to pay for the maintenance.  He stated this is not big, but they have run into large problems with water retention areas that are not maintained; and he would like to have this language as boilerplate. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to waive the requirement of Section 62-2883(d) for a 15-foot vegetative buffer tract around the perimeter of the Meadow Lake Estates Subdivision, which will be replaced by a conservation easement for Meadow Lake Estates; and direct staff to put a mechanism in place such that in the event the easement is not maintained by the Homeowners Association, the County will take over and assess from those property owners who are members of the Homeowners Association and who have benefited, to pay for the maintenance. 

 

Commissioner Nelson stated in effect what the Board is doing is put a mechanism in place to be able to maintain an area with the homeowners paying.  Vice Chairperson Scarborough stated Fawn Lake is a perfect example; it failed and the only way the County could get in was to have them turn over all the amenities to the County; and it became a split thing.  He stated the threat of having the County come in and take over the roads allowed certain persons to ask whether the residents wanted the County to come in or whether they wanted to pay money to make it work.  He stated it is a way to get people’s attention when life becomes dysfunctional; and he does not assume that every homeowners association meets as it should, does what it should, or elects officers who can deal with the diversity of interests to handle some of those issues. 

 

Vice Chairperson Scarborough called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson inquired if the Board needs to consider putting such language in the subdivision regulations as a component part so it is automatic.  Ed Lyon, Permitting and Enforcement Director, stated the Board has given legislative intent to review many areas of the Subdivision Code; and he will need to talk to the County Attorney’s Office on how to get that language in there.  Vice Chairperson Scarborough stated he has put it in previously, although maybe before Mr. Lyon’s involvement.  Commissioner Nelson stated he has past experience where it was part of the subdivision regulations. 

 

 

 

Transportation Engineering Director John Denninghoff inquired if staff is not to send out any further surveys on the speed humps until after the Board deals with this. 

 

Commissioner Bolin stated staff should hold off on any more.  Vice Chairperson Scarborough stated he does not know how they will bring it to conclusion otherwise.  Mr. Denninghoff stated

they will give the folks an opportunity to respond for the surveys that are out and will wait on any further surveys.  Vice Chairperson Scarborough inquired if someone is watching the television and came in within a week to ask for a speed hump, would that do a great deal of harm.  Commissioner Nelson stated the only problem is if historically staff has allowed up to six months, there is a timeframe that is tight.  Vice Chairperson Scarborough stated they will have to get it in and out within a month.  Mr. Denninghoff stated that is fine; Ms. Davis was just speaking but does not have a survey package; and staff will give people a month to get in and get a survey.  County Manager Peggy Busacca inquired if the people will have a month or a week.  Vice Chairperson Scarborough stated the people will have one week to come in and request a package; and everybody has a month to finish it up. 

 

 

 

County Manager Peggy Busacca announced there was a meeting with Governor Crist, Congressman Feeney, and Representative Altman today in Tallahassee, specifically to talk about the space initiative; and Congressman Feeney did recognize the Board of County Commissioners for stepping up to the plate, and said the Board was assembling an outstanding local, State, and federal team.  She stated the room was packed with press, and so there should be positive coverage. 

 

 

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 11:52 a.m.

 

 

                                                                        _____________________________________

JACKIE COLON, CHAIRPERSON

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

   

          (S E A L)