MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 31, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on October 31, 2006 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Sue Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

 

The Invocation was given by Pastor Richard Lord, Park Avenue Baptist Church, Titusville, Florida.

 

 

Commissioner Pritchard led the assembly in the Pledge of Allegiance.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the Minutes of the July 25, 2006 Regular Meeting.  Motion carried and ordered unanimously.

County Manager Peggy Busacca advised she has a correction to make to Item I.A.14; it should say District 4, not District 2; and staff needs to pull Item I.B.7 off of the Consent Agenda because the Agreement has not been received.  Chair Voltz noted she would like to pull Item I.B.2 and place it on the November 14, 2006 Agenda due to unresolved issues.  Commissioner Pritchard stated he would like to pull off Item I.C.4 for discussion; he received notice from Mike Minot’s office that Mr. Minot would not be able to attend the meeting due to insufficient notice; he understands someone has flown in from Tennessee to be here for the Item; but without Mr. Minot being present he is not sure what the outcome will be. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the Chair to execute a letter to the Legislative Delegation supporting intelligent, holistic, and inclusive efforts to manage Florida’s coastal and marine resources.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive the 50-foot wide right-of-way requirement for construction of a public road to access Rodney Milliron’s property on Oak Meadow Lane, pending engineering review and approval by County agencies.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve legislative intent and grant permission to advertise revisions to Section 62-102(B)(2)c., Unpaved Road Agreements.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Cortona 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. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution releasing Contract dated January 11, 2005, for Myrtice Avenue in Merritt Island.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Mission Estates Subdivision (Open Space Subdivision), with a density of 79 individual lots on 221.51 acres, thereby recognizing its compliance with the verbiage of the open space section of the Code, but waiving the open space calculation formula.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Diane Rondeau for property located on the east side of Blounts Ridge Road, approximately 740 feet north of Patty Lane.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Board of County Commissioners Zoning Meeting Schedule for 2007.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Task Order No. 04-004-05 with Jones, Edmunds & Associates, Inc. for the design of thirteen (13) baffle boxes located in Merritt Island; and authorize bidding and award of the project to the lowest responsive and responsible bidder.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive bid requirements and authorize Road and Bridge to obtain quotes from two Central Florida authorized Kobelco dealers; authorize issuance of Purchase Order for low quote for two new Kobelco Excavators; and authorize staff to make necessary budget changes.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve standardization and sole source procurement of Naztec traffic signal controllers and related equipment; appoint a Negotiating Committee consisting of Transportation Engineering Director John Denninghoff, Assistant County Manager Ed Washburn, and Deputy County Attorney Eden Bentley to negotiate the best pricing contract with the vendor; and authorize the Chair to execute the Contract.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution for installation of “No Parking on Streets Between Midnight and 7:00 A.M.” signs, at the entrances into The Windover Farms of Melbourne Subdivision.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive Phase I Environmental Assessments, Deed and Plat Restrictions, and FP&L, BellSouth, and Public Utility Easements, which will be subordinated or relocated on a project-wide basis at a later date; and approve and authorize the Chair to execute the Contract for Sale and Purchase, with Andreanos and Marina Jordanopoulos for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute an Amended Sewer Easement and Relocation Agreement, and Bill of Sale with Space Coast Credit Union and San Marco Center, LLC for a sanitary sewer system, and waive the Phase I Environmental Assessment.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve and accept the Temporary Construction Easement between Brevard County and Julio and Cindy Arnez, waive Phase I Environmental Assessment, Deed and Plat Restrictions, FP&L, BellSouth, and Public Utility Easements, which will be subordinated or relocated on a project-wide basis at a later date; and authorize the Land Acquisition Office to order payment in the amount of $2,600.00 for this easement and conduct the closing for this property for the Wickham Road Widening Project between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Agreements with the City of Melbourne, City of Rockledge, City of Cocoa, Town of Melbourne Beach, Town of Palm Shores, City of Cape Canaveral, City of Palm Bay, City of Indian Harbour Beach, Town of Malabar, Town of Indialantic, City of Satellite Beach, and City of Cocoa Beach for the maintenance of their existing traffic signals and authorize the Chair to execute said Agreements.  Motion carried and ordered unanimously.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to solicit proposals for engineering consulting services for the expansion of the North Brevard County Water Treatment Plant; appoint a Consultant Selection Committee consisting of Utility Services Director Richard Martens, Water and Wastewater Program Manager Ron Vall, Utility Engineer III Paul Partlow, County Manager Peggy Busacca, Stormwater Utility Director Mike Powers, or their designees; appoint a Negotiating Committee consisting of Utility Services Director Richard Martens, Utility Engineer III Paul Partlow, and County Attorney Scott Knox, or his designee to negotiate a contract with the selected firm; and authorize the Chair to execute the contract.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to retain Policy BCC-38 for Delinquent Utility Accounts in North Brevard and Barefoot Bay Service areas.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize Utility Services Director Richard Martens to record and release licenses for the inspection of privately maintained sewer systems.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution establishing Capital Recovery Charges for properties connecting to the Palm Shores Regional Wastewater System.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution establishing the West Myrtice Avenue Wastewater Pump Station System Capital Recovery Charges.  Motion carried and ordered unanimously.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Sajid S. Qaiser, M.D. for  District  18  Medical  Examiner  Services to be the Interim Medical

Examiner, beginning November 1, 2006; and authorize the Chair to sign any changes or amendments to the Agreement with previous approvals of the County Attorney and Risk Management.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Wuesthoff Memorial Hospital, d.b.a. Wuesthoff Reference Laboratory for toxicology and histology services; and authorize the Chair to annually renew the agreement, and to sign any changes or amendments to the Budget or Agreement with previous approvals of the County Attorney and Risk Management.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment to Agreement for extension of additional time for the Contract between Brevard County and Gillespie Services, Inc., from September 30, 2006 to May 30, 2007.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the recommendation of the Community Action Board (CAB) to provide $1,088,722 in funding to eighteen (18) community-based organizations (CBO), and authorize the Chair and/or County Manager to execute future amendments/renewals to the agreements, contingent upon the approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the Chair to execute Water Line Easement, Sewer Line Easement, and Bill of Sale to the City of Titusville for the Chain of Lakes Recreation Complex.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge the Canaveral Port Authority’s Resolution adopting the FY 2006-2007 Budget and Estimate of Revenues and Expenses.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge the Parrish Medical Center’s Resolution establishing the FY 2006-2007 Revenue and Expense Budget and Millage Resolution.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge the Sebastian Inlet Tax District’s Annual Financial Report for the fiscal year ended September 30, 2005.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution which approves the commercial paper loan for the Sharpes Community Center; authorize the Chair 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 Pritchard, seconded by Commissioner Carlson, to authorize Permission to Bid construction of renovations at the Public Safety Ansin Road Facility in Cocoa, Florida, and authorize the Chair to sign the associated contract.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Change Orders 1 and 2 with J. P. Donovan Construction for improvements to Harry T. Moore Avenue in Mims, Florida and authorize the Chair to sign all associated documents, which includes authorization of a $429,445 transfer from Utility Services Department Capital Project funds.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the acquisition of consulting services for configuration of the Personnel Cost Planning and Position Budget Control modules in the SAP Financial Management System, and authorize the Information Technology Department to negotiate a contract for the service, with the approval of the County Attorney’s Office, based on the GSA contract pricing from SAP Corporation at $287.50/hr and not exceeding $300,000.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve $124,175 for the FY 2006-07 Cultural Events cooperative out-of-county advertising program awards from the Cultural Events category of 5% of the first two cents of tourist tax and 10% of the 3^rd cent to the recommended organizations, the Brevard Nature Alliance, Space Coast Art Festival, Valiant Air Command, East Coast Zoological Society, and the Melbourne Art Festival.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Stipulated Final Judgment including all damages, costs, and fees in the amount of $7,700.00 for value and $6,053.00 in costs and fees for Defendant, Metro West, Inc., Parcel 701.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Stipulated Final Judgment including all damages, costs, and fees in the amount of $6,300.00 for value and $561.00 in costs and fees for Defendant, Charlotte J. Eberenz, Parcel 131.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Stipulated Final Judgment including all damages, costs, and fees in the amount of $8,775.00 for value and $5,325.25 in costs and fees for Defendant, West End Shoppes, LLC, Parcels 101 and 703.  Motion carried and ordered unanimously.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Agreement between The Viera Company and the School Board of Brevard County for appraisal services of Lampe, Roy & Associates, Inc.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve payment of award of $647.00 to Tim Broom of Solid Waste who submitted Recommendation EIP #349 under Brevard County’s Employee Innovations Program.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to apply for and accept Florida Fish and Wildlife Conservation Commission Boating and Education Grant for Fiscal Year 2006-2007; and authorize the Chair to execute the necessary documents and any necessary Budget Changes associated with the acceptance of the Grant.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the revised precinct legal descriptions for changes to existing precincts due to annexations by the City of Melbourne and the Town of Palm Shores, and approve the descriptions that were altered due to the incorporation of the Town of Grant-Valkaria, which resulted in the creation of Precinct 223 from the remaining areas of Precinct 8.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution supporting a grant application being made by the Sea Rocket Chapter of the Native Plant Society.  Motion carried and ordered unanimously. 

 

 

 

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

 

County Manager Peggy Busacca advised staff would like to withdraw Item VIII.A.2, Wetland Ordinance Amendment, from the Agenda; and the County Attorney’s Office suggested staff withdraw the Item and resubmit it in the request for a Comprehensive Plan Interpretation.  

 

Electronic Training Solutions, Inc. Executive Director Bob Seemer stated he is present to give a brief update and summary of the County’s Strategic Plan Implementation and the 2006/2007 Strategic Plan Priorities; the Strategic Plan is designed to deliver demonstrated value to Brevard’s citizens; measures and analytical tools are used to enable  staff to efficiently improve service; and the Strategic Plan, including the Comprehensive Plan, ensures service quality and efficiency support the needs of Brevard’s citizens both today and tomorrow.  He presented a power-point presentation listing the Plan’s four goals and ten objectives.

 

Chair Voltz noted she did not hear anything about reductions in spending and how it is going to save each department money.  Mr. Seemer replied each department has its key services measured with standards of performance, including quality, service, timeliness, efficiency, and cost; the targets are part of the service; and as departments negotiate their standards of performance with the County Manager, the cost reductions will be factored into the targets.  Chair Voltz advised sometimes the County cannot perform the level of service (LOS) people want without raising taxes; everyone needs to be careful saying it is going to meet the LOS because it could mean a tax increase; and discussion needs to happen regarding both cutting cost and increasing the LOS. 

 

Commissioner Carlson inquired how is it determined, based on the LOS definitions for each department, how it will impact other departments.  Mr. Seemer replied it is the role of the champion listed beside each goal; the champions have multiple objectives; he has a chart showing how the 26 departments align to each of the objectives; and the champions and selected department managers present the status of the plan or initiative at the County Manager’s meetings.  He noted departments that have a role or have to provide support can be identified then; it is a critical element of the plan; and a department could commit to a standard and fail because it did not communicate with another necessary department.  Commissioner Carlson inquired if any of the departments had some baseline data to start with; with Mr. Seemer replying yes, many departments had excellent data; however, many times the data is used for other purposes rather than using it for managing.  

 

Commissioner Pritchard advised if there is a savings on one side and a cost on another, and the wash is the same, there is no real cost to implement; he hopes Mr. Seemer will address the areas where an increase in service might be a corresponding decrease in a tax or a service fee to show that the wash is equal; and inquired how Mr. Seemer intends to show the implementation process.  Mr. Seemer responded he does not envision doing a lot of process flow charts or relationship diagrams; when a department begins to manage with facts and identify gaps in levels of performance and standards, it will begin to search for ways to close the gaps; it is an analytical approach to get to the root cause of an issue; and it will be a process of self discovery as it progresses.  Commissioner Pritchard inquired if a timeline for implementation will be addressed; with Mr. Seemer replying he has a list and is working, in order of priority, to bring everyone to an acceptable level of standard;  it  will  require  systematic review; he is fulfilling the first couple rounds of review and will begin to indoctrinate the champions into the review process; and he envisions by the end of the first quarter, he will be out and the champions will be assuming full responsibility.  Commissioner Pritchard inquired if there has been any attempt to address what the County’s function may be as cities continue to annex, and whether or not there might be services the County would better provide; with Mr. Seemer advising it has not directly been discussed but it is a strategic issue that the Board should pay great attention to; and it is incumbent upon the cities to have strategic plans and to think ahead like the County has done. 

 

Commissioner Colon noted she has a lot of questions; but since the Item falls under Reports she will refrain from asking them all due to time constraints; the Board has to be very diligent of how it is spending dollars because it adds up; and requested in the future the item be placed as an item on the Agenda or as a workshop in order to discuss it thoroughly.  She also requested at the next meeting with Mr. Seemer, feedback on how the internal staff feels about the new process.  Mr. Seemer replied by identifying the quality and the cost of the service, everyone including those at the service level, can see the impact or consequence of not providing the service; and the value of having the customer satisfaction survey cards is direct feedback from the citizens in terms of their level of satisfaction with service. 

 

Commissioner Carlson inquired to Mr. Seemer if he had any issues or obstacles he would like to share and what he needed from the Board to ensure he achieves his objective.  Mr. Seemer replied no, he has a great working relationship with the County Manager; and she represents the Board’s needs very well.

 

Chair Voltz noted the time and requested the Resolutions move ahead of the rest of the reports. The Board reached consensus to move the Resolutions next and return to reports afterwards. 

 

 

 

Commissioner Pritchard read aloud a resolution congratulating James Kennedy on his retirement as Director of the Kennedy Space Center; and noted Mr. Kennedy was called out of town and will not be present to receive the award.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution congratulating James Kennedy on his retirement as Director of Kennedy Space Center.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Carlson read aloud a resolution commending Colin Lee Hemmenway.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution commending Colin Lee Hemmenway on his achievement of Eagle Scout.  Motion carried and ordered unanimously.

 

 

Commissioner Carlson presented the Resolution to Mr. Hemmenway.  Mr. Hemmenway noted his appreciation to the Board and his family.

 

Commissioner Colon read aloud a resolution proclaiming November 2006 as Hospice Month.

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution proclaiming November 2006 as Hospice Month.  Motion carried and ordered unanimously.

 

 

Commissioner Colon presented the Resolution to two members from Hospice, who noted Brevard County has two National Heart of Hospice Award winners on staff.

 

 

 

Commissioner Carlson read aloud a resolution proclaiming November 2006 as Puerto Rican Heritage Month.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming November 2006 as Puerto Rican Heritage Month.  Motion carried and ordered unanimously. 

 

 

Commissioner Carlson presented the Resolution to Joe Alba; with Mr. Alba expressed his appreciation to the Board; advised the 10^th Annual Parade is November 5, 2006 at 2:00 p.m. on Malabar Road; and invited all to attend. 

 

 

 

County Attorney Scott Knox advised there is a repeat problem of dust in Barefoot Bay from the construction abutting the property; there are a couple of legal remedies available; and requested permission to do whatever necessary to get the dust matter under control. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize staff to do whatever is necessary from a legal point of view to get the dust matter under control concerning the construction project in Barefoot Bay, including a nuisance action to abate the nuisance, which can be done by injunction or by a nuisance ordinance, or possible violation of a Code provision.  Motion carried and ordered unanimously.    

 

 

 

Assistant County Attorney Christine Lapore advised there is a pending sale of a parcel the County put out to bid from the Fortenberry Wastewater Site; the closing deadline is today; but there are still outstanding issues regarding the right-of-way easements the County may need to retain from the property.

 

The Board reached consensus to execute Addendum to Contract for Sale and Purchase with Anthony LaCourt to extend the closing date to occur on or before December 15, 2006 concerning parcel from the Fortenberry Wastewater Site. 

 

 

 

Commissioner Scarborough advised there is an open house Saturday, November 4, 2006 at the Chain of Lakes from 10:00 a.m. to 2:00 p.m.; and there are a number of groups participating including the Parrish Medical Center, Wellness for Seniors, Brevard Community College, Historical Foundation, Moore Memorial Foundation, Valiant Air Command, Brevard Zoo, Park Facilities, Space Coast Runners Club, Marine Resource Council, and Nature Conservancy.  

 

Commissioner Pritchard advised of an article in the Florida Today’s paper written by Jim Ford; he noted commercial properties are not capped; about 65% of taxes are coming from the commercial establishments; and Mr. Ford wrote a letter to the Legislative Delegation requesting a limitation of 3% or the annual change in the Consumer Price Index, whichever is less, be placed on the ballot as an Amendment to the Constitution.  He advised the limitation would be on existing properties which would only increase to the market value when the property is sold; he supports the idea; and something must be done.

 

 

Jerry Jagrowski noted a commemorative pavilion has been constructed at the Viera Regional Park in honor of the 100^th birthday for Rotary; the ribbon cutting ceremony will be on November 11, 2006; it was built with donations from the Viera and Suntree Rotary Clubs, along with individuals and companies from the area; and presented the final reimbursement check to the County.  Commissioner Carlson stated it is a great symbolic gesture from the community; and expressed her appreciation.

 

 

 

Commissioner Carlson stated on November 14, 2006, she will have an open house at her office at 3:00 p.m. to express her thanks to all who have supported her.

 

 

Commissioner Colon advised there will be a fundraiser event called Operation Standup held this weekend at Wickham Park, at the BCC Pavilion, to raise awareness for the Veterans returning from the current war; and invited everyone to attend. 

 

 

Chair Voltz noted if an employee donates eight hours of sick time, the person receiving only gets 20% of the eight hours if he/she has been here for 1-10 years, 30% if he/she has been here 11-30 years, or 50% if he/she has been here for 31 years or over; and she feels if an employee gives up eight hours the other person should receive the full eight hours.  County Manager Peggy Busacca replied the reason for that is because that is the value of the sick leave to the employee should they retire and be paid out; and staff can bring back the fiscal impact of changing the policy.   Human  Resources Director Frank Abbate advised annual leave and compensatory time are paid out on an hour for hour basis when someone leaves County service; sick leave is accumulated for one’s own personal use and paid out on a 20%, 30%, or 50% basis depending on years of service; and to keep it cost neutral to the Board, the policy was put into place as an additional benefit for employees using sick leave on the same rationale or basis as paid out annual leave or compensatory time.  Commissioner Colon suggested bringing the item back as an Agenda item to be discussed further. 

 

 

 

Commissioner Carlson introduced Seminole County Commissioners Randy Morris and Bob Dallari.  Mr. Morris stated over the last 12 years, Seminole and Brevard Counties have worked together on many issues including economic development and transportation; expressed his thanks for the support and leadership; and introduced the newest Commissioner Bob Dallari.  Mr. Dallari advised everything should be looked at from a team aspect; light commuter rails is an important issue to still be discussed; and even though Mr. Morris is stepping down, there are five other Seminole County Commissioners who believe in regionalism. 

 

 

The meeting recessed at 10:47 a.m. and reconvened at 11:01 a.m.

 

 

 

Commissioner Pritchard advised Michael Minot is the attorney representing one of the parties but was unable to attend today; someone traveled from Tennessee to be here; and he would like to give him the opportunity to speak. County Attorney Scott Knox advised the item is a Special Master’s recommendation; it was done on the basis of a vested rights hearing; the Board is limited in what it can do; and it cannot take any new evidence.

 

Mr. Jonathan Bull stated he is representing Mr. Samy Hanna; subsequent to the hearing, Mr. Hanna was issued a corrective deed; it has been recorded in the County records; and he is requesting another opportunity to apply for vested rights.  Mr. Knox replied if there is a new piece of evidence that was not available for the Special Magistrate, the Board is within its purview to send it back for further review.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to remand the proceeding to the Special Magistrate for review and further fact finding of introduced new evidence concerning the Recommended Order for Samy and Faten Hanna, No. 05-09.  Motion carried and ordered unanimously. 

 

 

Mr. Bussey submitted a fax to the Board; stated it is from Ms. Bickerstaff, who was appointed by the County to assist with legal representation before the Special Magistrate; and she was unable to be here.  Mr. Bussey advised Mr. Hanna has not had ownership of two separate pieces of property; he now claims to have a corrective Deed to only one of those pieces of property; and he requests the issue be tabled until the next Board meeting.  Chair Voltz replied the Commissioners’ Meeting is not the place to address this because the Board is limited in what it can do; and the Special Magistrate’s hearing will provide the opportunity to represent the case with his attorney.   

 

Bea Polk advised the County needs honest, equal appraisals for everyone; and something must be done regarding taxes on property for the common person.

 

 

Joan Wheeler cited an article in the newspaper stating the first referendum for Special Districts adds no cost to taxpayers and the second referendum will cost less than $28 a year; that is not the whole story; it will not cost an added millage, but every year the property increases the price will go up and go for longer; and taxpayers deserve to know the full story. 

 

 

Chair Voltz called for the public hearing to withdraw petition to vacate rights-of way in Orange Gardens Subdivision.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to acknowledge request by Ulbricht Residential Construction, Inc., to withdraw petition to vacate rights-of-way in Orange Gardens Subdivision.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the Stipulation for Entry of Permanent Injunction for Brevard County vs. Showboat Adult World Corp.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to appoint Assistant Housing and Human Services Director Chenita Joiner to serve on the Early Learning Coalition Board.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Contract with Communications International for the EDACS Site Upgrades Project; and authorize the County Manager or her designee to sign any future documents associated with this purchase.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the transfer of $150,000 from the Reserve Portion of the $2 Technology Fee, estimated to have a balance of approximately $2.5 million at the fiscal year ending September 30, 2006, to upgrade the Bullet System.  Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the use of Commercial Paper funding to finance the purchase of a Tiburon II Computer Aided Dispatch (CAD) System; and authorize the signing of documents and amending the Sheriff’s Budget as necessary.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Storage Agreement with Brevard Community College for storage of historical houses until needed at the Parrish Historical Village site.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise and schedule an executive session for November 14, 2006, at 11:30 a.m. or as soon thereafter as possible, to discuss strategy related to litigation regarding Joanne Kimbrough, et al vs. City of Cocoa, et al, Case No. 6:05-cv-471-Orl-31KRS.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider an ordinance establishing temporary 180-day moratorium for Mims.

 

Commissioner Scarborough noted there are a number of things going on in the Mims area; last Spring the study that leads to the incorporation started; the issue of whether certain areas would support it or not arose; and as areas dropped out, it became problematic for the University of Central Florida to obtain the information required by the Legislative Delegation in a reasonable time.  He advised simultaneously the Board was receiving multiple rezonings; the Board took two actions; one was to look at the cumulative affect of five rezonings; and two was to look at a small area plan that could be incorporated into the Comprehensive Plan.  He stated this would lead to things such as whether there was adequate water, sewer, and roads; that action took place September 19, 2006; and the issue today is whether there should be a moratorium on the Zoning Board hearing any new zoning requests outside of the six  that  will  be  heard  Thursday night.  Commissioner Colon noted the items coming before the Board on Thursday will be looked at on an individual basis.

 

Blaine Lounsbury advised as a landowner in the area of consideration, she feels under-informed; she never received a letter informing her of the moratorium or an opportunity to voice her opinions about the future land use of her own land; she requested the moratorium be delayed so other property owners have the opportunity to be informed and voice their opinions as well; and noted if it is not feasible, then she requests the boundaries be redefined so her property is not included in the moratorium and Comprehensive Plan amendment.  Planning and Zoning Director Robin Sobrino replied Ms. Lounsbury was referring to the Incorporation Feasibility Study; that is a separate undertaking than the Mims moratorium area; the purpose of the Mims moratorium area is to enable staff to do a small area study on the Mims area; and the Board did not proceed with the feasibility study because there were concerns that certain areas would choose to opt out of being incorporated.  She stated notwithstanding that action, the small area study is to make a comprehensive review of the entire Mims Community; the boundaries that were initially proposed for the incorporation area is the same for the study area; the Board does have the ability to adjust the boundaries; however, it is important to distinguish between the two projects.  She advised one was the incorporation project, which is no longer on the table; the second is the Mims moratorium study to allow a small area study of the Mims area to be done to see if any changes need to be made to the Comp Plan and reconsider zoning actions in the future; and both projects need to be dealt with separately.  Commissioner Scarborough noted East Mims and Sherwood opted out of the incorporation study; but both opted back in for the small area plan, so the study would be all encompassing.  Ms. Lounsbury advised she does have a rezoning application submitted; it was after September 19, 2006; her application along with her money will be held for 180 days; and she requested to be exempt.  Commissioner Pritchard stated he is concerned with an arbitrary boundary.  Commissioner Colon advised it is a small area study; it has been done throughout Brevard County; it is a comprehensive approach to looking at everything in the area; and it needs to move forward.  She stated it needs to stick to the 180 days starting from September 19, 2006; incorporation is no longer an issue; they have spent several months publicly discussing the issue; and the way Mims is growing is a grave concern to the Board.

 

Debbie Day stated she does not know how the Board will do a small area study if it allows people to opt out; the people still impact the water, roads, school, police, and fire; and she supports the moratorium. 

 

Laurilee Thompson noted she supports the moratorium; and the small area plan is the only opportunity the residents have left to determine what the community will be like in the future. 

 

Fred Kusterer and Steve Lay both spoke in support of the moratorium. 

 

There being no further comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt an Ordinance establishing a one hundred eighty (180) day moratorium on the approval of rezonings and Comprehensive Plan Future Land Use Map Amendments in the portion of the unincorporated area commonly known as Mims; describing the area covered by the moratorium; setting forth the purpose of the temporary moratorium; setting forth the extent of the temporary moratorium; providing for exemptions; providing for extensions and expiration of the temporary moratorium; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date.  Motion carried and ordered unanimously.

 

 

The meeting recessed at 11:45 a.m. and reconvened at 1:31 p.m.

 

 

Chair Voltz called for the public hearing to consider an appeal of Administrative Determination. 

 

Cliff Repperger, representing the appellants Dr. Brian Ziegler and Cynthia Halcin, advised this is a unique and complex problem with a piece of property owned by the Zieglers; they are appealing staff’s determination to deny the proposed impacts; it is the culmination of a three-year long process for the appellants regarding the development of a residential piece of property purchased in 2003; and the property is located between the Indian River and Honeymoon Lake.   He stated the parcel is 16.31 acres; most of the land is submerged off of the subject property to the east through Honeymoon Lake to the other shoreline; the upland portion is somewhere between two to three acres; and the issue involves the application of the Shoreline Protection Buffers in the Code due to the double frontage constraints that the site has. He noted it affects the building envelope the appellants can work within; there is a 25-foot setback along the Honeymoon Lake side and a 50-foot shoreline protection buffer on the Indian River side; and it leaves the site with a small building envelope.  He advised the appellants worked with staff and talked about some considerations that were not taken into account in the first analysis in 2003; in 2005, they resubmitted an application for a determination on impacting the Shoreline Protection Buffers; staff analyzed the submission and recommended redesigning the project to minimize or eliminate the impacts; and staff also wanted to see the footprint square footage numbers instead of the taxable square footage numbers for the comparable properties.  He noted the site has been redesigned; there are no longer any impacts proposed to the Honeymoon Lake shoreline protection buffer; there is only what was originally proposed to the Indian River side; and the comparable square footage footprints came to about 8,604 square feet.  He stated staff requested additional information relative to the properties around Stillwater Drive; the numbers are provided today as part of the supplemental submission; the estimated approximate footprint is 7,045 square feet for residence, plus 720 square feet of pool deck area; and based on the location of the property, and the efforts of the appellants, he requests the Board grant the appeal using option 2, granting insufficient lot depth based on the community character and approving the shoreline protection buffer impacts as depicted on the June 1, 2006 site plan.

 

Natural Resources Management Director Ernie Brown advised the dilemma is there is no criteria by which to move further; there is a criteria called insufficient lot depth in the Code but no process or mechanism to make the determination with consistency; historically staff has used a minimum zoning criteria which is the minimum size home that must be built but it does not put a cap on the maximum; and it seems inequitable to maintain or to apply that criteria at this juncture.  Commissioner Pritchard inquired what has been done to mitigate the impacts; with Mr. Ben Elliott of Plata Engineering, Inc. replying we placed the home at the highest point of the property, provided a stormwater system via pipes, gutterings, and sloping of the driveways to the retention area, and the removal of the pepper trees along the shoreline. 

Commissioner Carlson noted the previous denial was based on precedence setting and rewriting of the Comp Plan; and inquired if that was still the case.  Mr. Brown replied setting precedence is still in play; if the Board grants the appeal, staff would need some criteria to be able to clarify and qualify what mitigating factors existed to warrant the approval; and he is concerned about not having a methodology to evaluate insufficient lot depth.  Commissioner Carlson stated a ready-map picture shows obvious erosion and she is concerned about putting people in harms way; and inquired if emergency management is looked at in cases like this.  Mr. Brown replied it is beyond the purview of the Ordinance as to whether or not Coastal High Hazard Area is going to be an overlay; and it may be something to look at. 

 

Commissioner Colon advised she is concerned with how the appeal will affect future cases; she would like the wording to be right; and suggested tabling the Item to work on the proper wording.  Commissioner Pritchard inquired how long it would take to get the proper wording; with Mr. Brown replying if it is an administrative order or a standard operating procedure it would be quick but if it is an ordinance change it will take several months.  Commissioner Pritchard inquired if it could be brought back by November 14, 2006; with Mr. Brown replying yes, if it is an administrative order or a standard operating procedure.  Mr. Knox stated he would help Mr. Brown with the wording. 

 

There being no other comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to continue the public hearing to consider Appeal of Administrative Determination for Dr. Brian Ziegler and Cynthia Halcin, to the November 14, 2006 Meeting with a 1:30 p.m. time certain.  Motion carried and ordered unanimously.

 

Chair Voltz called for the public hearing to consider an ordinance exempting Brevard County from Florida Statutes regarding operation of ATV’s.

 

Lynn Edlund, Carlos Springfield, Janis Walters, Linda Mason, Bill Cannon, and Jerry Wall all spoke in support of the Item.  

County Attorney Scott Knox advised he feels comfortable going forward with this because there is another Statute that provides backup protection; and it can be enforced as a traffic citation.

 

There being no other comments or objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Ordinance exempting Brevard County from Florida Statutes Section 316.2123 regarding operation of all-terrain vehicles (ATV’s) during the daytime on certain unpaved roadways where the speed limit is less than thirty-five miles per hour (35 mph); providing for definitions; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for an effective date; and providing for inclusion in the Code.  Motion carried and ordered unanimously.

 

 

Chair Voltz advised the Committee ensures the art work placed within buildings is appropriate and she feels the Board could say what it does and does not approve of.  Assistant County Manager Don Lusk noted art is usually in the eye of the beholder; if the Board wants to discuss it, he advises bringing it back so it can get the full view; and the word art is far and wide.  He stated he feels it is a good idea to have the Committee; and it is like an insurance policy to make sure what goes up on the wall is acceptable.  Chair Voltz advised she does support art; but she feels the Committee should be looked at further since it has problems making its quorum.  Commissioner Carlson replied she will address that issue at the next Brevard Cultural Alliance (BCA) Meeting.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve the By-Laws/Rules and Regulations for the Brevard County Art in Public Places Advisory Committee.  Motion carried and ordered; Chair Voltz voted nay. 

 

 

John Hearin advised he is a resident of Cocoa Beach, Florida; he is employed by United Space Alliance as an Aerospace Engineer;  he  holds  a  Masters Degree  in  Ocean  Engineering from Florida Institute of Technology; and he is currently pursuing a Doctorate Degree in Ocean Engineering.  He commented on the benefits of a multi-purpose artificial reef; and noted his support of the Item.  Commissioner Pritchard noted this is more than just environmentally responsible; it is fiscally and recreationally responsible; and it will be a real economic boom to Brevard County.  Chair Voltz inquired where will the funds come from to pay for the study; with Mr. Brown replying there is a surplus of $68,000 from funds that were allocated for the 2004/2005 Hurricane Recovery Dune projects.  Chair Voltz inquired after the study is completed, is there money to fund the project.  Mr. Brown replied the feasibility study is the first step to make the determination; these kinds of projects depend on the scope; the complexity of it could run anywhere between a $2 million project to a $10 million project; and the Board will have to decide the size and scope of it based on the benefits it will provide.  He noted a lot of discussion has been held about public/private partnerships to accommodate this; those have not been explored because there has not been a complex objective feasibility study of Brevard County and its associated application; and this information would give the Board and other stakeholders at the table the tools to make those kinds of decisions.  Commissioner Carlson inquired if FIT was interested in doing an impact assessment since it involved ecotourism; with Virginia Barker, Environmental Management, responding about one third of the cost of the feasibility study would be the economic piece of it; the economic cost estimate is $15,500 based on the firm that has done ecotourism evaluations for Cocoa Beach and the Tourist Development Council (TDC); and it was costed out what it would take to answer the questions proposed in the feasibility study.

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to grant permission to solicit for proposals to conduct the Scope of Work to perform a Feasibility Study of Multi-Purpose Artificial Surfing Reefs for Brevard County; approve the establishment of a Selection/Negotiations Committee consisting of Natural Resources Management Director Ernie Brown or designee, Space Coast Office of Tourism Director Rob Varley or designee, Transportation Engineering Director  John  Denninghoff  or  designee,  Economic  Development Commission of Florida’s Space Coast Director Lynda Weatherman or designee, and Cocoa Beach City Council Mayor Skip Beeler or designee to evaluate and award the best ranked proposal received; authorize the County Manager to execute any subsequent contract; approve a budget change request to reallocate up to $50,000; and authorize staff to apply for 50% State grant cost-share.  Motion carried and ordered unanimously.

 

 

 

Assistant County Manager Stockton Whitten advised he is recommending Option 1, which is basically the cash on hand; it will get about $2.6 or $2.7 million in improvements; there are still issues with what staff views as maintenance that he will continue to work on; and noted Andy Dunn, with Nationals, is present if the Board has any questions.  Chair Voltz inquired of the nine identified items, how many will be funded with Option 1; with Mr. Whitten replying it is a guessing game because the list is based off of a visual inspection; staff will know more once it starts doing the work; and it would take approximately two years to replenish the Capital Fund, if the four-cent tourist tax revenue continues to come in as is.  Chair Voltz inquired what are the issues in regards to maintenance; with Mr. Whitten responding the biggest issue is the exterior painting; staff will continue to discuss it with Nationals; but at this time staff does not view it as a capital improvement but instead maintenance.   County  Manager Peggy Busacca inquired if there was a certain definition for Capital Facilities in the Capital Improvements Plan; with Mr. Whitten replying yes; it mirrors more of a State tangible property definition so that if the improvements improve or add to the value of the facility then it is considered more Capital; and there is some criteria to classify projects and that criteria is being extended to the Stadium. 

 

Andy Dunn advised the Lerner Family from Washington, D.C. are the new owners of the ball club; they are developers; a lot of the information provided to staff was from the Lerner’s engineering and capital improvement people; and the biggest issue is the water intrusion at the Stadium. 

 

Mr. Whitten advised staff’s timeframe is to start the nine items as soon as it is approved and try to have all completed by February 1, 2007; each year staff budgets approximately $500,000 in improvements there; and there is a Capital Improvement Program where staff makes routine improvements and repairs to the Stadium.  He stated the original request was to replace the roof; he thinks staff may have found an alternate solution to the roof; but if it requires complete replacement, staff is prepared to do that; one of the requests of the Nationals was to go to County’s Bond Counsel and inquire whether the County could enter into some sort of additional debt; and that opinion was yes, as long as everyone is aware that the debt is secondary to the bonded debt.  Ms. Busacca replied staff would provide the Board with quarterly updates on the progress at the Stadium.    

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve Option 1; authorize staff to proceed with all design and construction for capital improvements at the Space Coast Stadium; and authorize the County Manager or designee to authorize bids and awards for all materials, services, and equipment necessary for the expedited completion of the projects.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz inquired why the list was not prioritized; and stated Brevard County needs to specifically address its needs or nothing will get done.  Commissioner Carlson noted the Legislature needs to know what the County supports and what it does not; but then there should be the items that are specific to Brevard, such as 211 or beach erosion.  Commissioner Pritchard suggested listing the items into two categories; one that would be Statewide and most likely would fall under several jurisdictions; then the ones that are specific to Brevard; and the Board should prioritize the Brevard issues.  He advised he really wants to look at the 3% Save Our Homes cap to include all properties, not just residential properties; and the reason for that is because it is putting people out of business and it will affect the tax roll to a very great degree.  He further advised insurance premiums need to be significantly reduced; he would like to see it added under Property Tax Reform; and that would be a State issue.  Commissioner Colon suggested listing the top five priorities for Brevard.  Commissioner Carlson recommended aligning the top five with the Strategic Plan and the budget process.  Discussion ensued on homestead portability, insurance premiums, property tax, freezing assets, Kennedy Space Center, car rentals, and 311 and 211 Networks.  County Manager Peggy Busacca suggested Ms. Holt do some additional work on the priorities and bring it back before the Board.

 

The Board reached consensus to have staff come back to the Board with two categories, including the State issues and Brevard County issues, for the 2007 State Legislative Package; prioritize Brevard County’s issues; and discuss the Legislative Package on December 7, 2006 at 3:00 p.m.

 

 

The meeting recessed at 3:41 p.m. and reconvened at 3:55 p.m.

 

 

Commissioner Scarborough advised Commissioner Carlson is going to replace him to sit on the Canvassing Board for the Logic and Accuracy Testing at the Supervisor of Elections office, Friday, November 3, 2006, at 10:30 a.m.

 

 

 

Courtney Roberts advised in March 2004, the Board concluded several hearings regarding actions that had been taken and damages he had suffered as a result; the Board found in his favor and declared to make him whole; it issued a directive to staff to “provide compensation for losses” that he incurred as a result of the County actions; and part of that compensation has been received so far.  He noted the 2004 hurricanes and the market boom made materials skyrocket and made tradesman unavailable, delaying the completion of the house; at this point, he has exhausted all of his financial resources; the house is not yet finished; and he went back to the County with a request for premature final settlement in an effort to recoup some of the expenses in exchange for discontinuing any further obligations of the County.  He stated the County Attorney thought there were items in there that were not included in the Board’s intent when it made the promise to make him whole back in 2004; and his understanding of the term make whole is to restore to the financial condition that the parties would have been in had that action not transpired.  He requested the Board evaluate the expenses or losses that he submitted.

 

County Attorney Scott Knox advised the problem with the claim is that there is a stipulated settlement agreement that excludes certain items; and he will draft a memo to the Board and Mr. Roberts in the next two weeks, explaining how he came to the decision. 

 

The Board reached consensus to table the final claim for payment regarding Settlement Stipulation between Courtney Roberts and Carol Roberts Plaintiffs, vs. Board of County Commissioners, to the November 14, 2006 meeting under Unfinished Business. 

 

 

 

Chair Voltz inquired about the citizens finding an error in the advertising.  Assistant County Attorney Morris Richardson responded there was an issue raised about whether the advertising for Palm Bay’s Comprehensive Plan Amendment transmittal hearing was insufficient because there was a question as to whether a map had incorrectly described a parcel; he will get help from staff to figure out if there was an error in the ad; but it would have to be an error to the extent   that  a  reasonable  person  would  be  misled  and  not  understand  what  was   being advertised; and the citizens involved absolutely did understand what was being advertised.   Planning and Zoning Department Director Robin Sobrino advised there appears to be two errors on the maps on the advertisement; one of them flip-flopped the numbers of the applications but the “from land use to land use” were correct; and she feels that it gave notice to any interested parties that there was a request to go from and to these land uses in the specific areas.  She noted the one that was difficult to overcome without readvertising, was the one pointing to geographic location north of Center Lane Road, where in fact, the application was south of it; and that might leave out people who might have interest south of Center Lane.  County Attorney Scott Knox noted under those circumstances, he would have advised the County to readvertise.  Chair Voltz noted there are concerned citizens over the Amendments; but the Board would not know if it is concerned over the Amendments until staff has a chance to go through it with the JPA.  Ms. Sobrino replied it would be a multi-agency review with Transportation, Planning and Zoning, Natural Resources and a number of other agencies in the County looking at the amendments. 

 

Chair Voltz read aloud two letters of objection to the Amendments by Gail Gowdy and Xochi Ross.  Vicki Benoit, the applicant, advised the Citizens Coalition of South Mainland is concerned about the density, water, roads, and the environment, not just for Micco but for the whole County; the Comprehensive Plans the City of Palm Bay has adopted have not been sent to DCA yet; since it affects growth it falls under the JPA; and she is requesting the Board review all aspects of it. 

 

Mr. Knox noted legal staff will be looking at all the issues associated with the Land Use Amendments; but the County has challenged two of these in the past; one in Palm Bay and the other in the City of Cocoa; and the standard is debatable.  He advised basically it has to prove the City is being arbitrary and capricious without basis; and it is almost impossible to prove in the land use context.  He noted staff will also be looking at the DRI issue.  

 

Jim Egan, Trisha Schmalhofer, Maureen Rupe representing Partnership for a Sustainable Future, Paul Barker representing Friends of Saint Sebastian River, Suzanne Valencia, Whitney Blair, David White, Mary Sphar representing Sierra Club Turtle Coast Group,  and  Lisette Kolar all spoke in support of the Citizens Coalition of South Mainland; requested staff review the Comprehensive Plan Amendments that Palm Bay has voted to transmit; requested staff report back to the Board with comments; and provide the comments to Palm Bay per the JPA and the DCA.  Ms. Kolar further requested staff notify Palm Bay of the error in the advertisement.  Mr. Knox replied legal staff could send a letter advising there is a possible error in the advertisement; with Chair Voltz requesting it be done immediately.

 

Chair Voltz advised Palm Bay and the County are in partnership and must work together; both need to be involved in all of the development; and she supports the requests made from the concerned citizens.  Commissioner Colon advised once a City annexes there is not a lot the County can do; she does not want to give the community the wrong idea; the Board can give suggestions and ask for a compromise; but she supports all the requested actions.  Commissioner Scarborough noted with Cocoa, the Board advised the citizens of the area that they had additional rights as adjoining property owners; and he requested Mr. Knox look at the potential for either the County or the State exercising property owners rights which may be in addition to the general rights the County has to object to the annexation.  Mr. Knox replied in the affirmative.  Commissioner Carlson noted it would be nice to present the Central Regional Planning Council’s perspective to all the entities that make up the 11,000 acres that has been annexed into the City; and suggested recommending the City look at each of the developments using the DRI process; and if there are environmental issues, the DRI process crosses all the developments for a unified perspective.  Commissioner Colon requested looking into placing the protected lands on the County Charter so the citizens can vote to protect the land.  Chair Voltz recommended keeping the property in Brevard County’s name and stop turning it over to the State to collect the monies. 

 

Chair Voltz passed the gavel to Vice Chair Carlson.  Motion by Commissioner Voltz, seconded by Commissioner Pritchard, to direct staff to contact the City of Palm Bay and advise it that Brevard County has been requested to look at a possible error in advertising for the City’s Item Number 9 on its Comprehensive Plan; review all Comprehensive Plan changes per the Joint Planning Agreement and report back to the Board prior to submittal to Department of Community Affairs (DCA), if possible; and provide the comments to the City of Palm Bay and DCA.  Motion carried and ordered unanimously. 

 

 

Ms. Sobrino noted it is possible staff’s comments would be done after the City has transmitted; the JPA gives the County ten days to review Amendments; the timeframe is difficult when there are thousands of acres; and it can request the City postpone transmittal until the comments are ready; but the City is not bound to grant the request.  Mr. Knox noted the County does have an opportunity to comment on the Land Use Amendments after they are transmitted. 

 

Vice Chair Carlson passed the gavel back to Chair Voltz.

 

 

 

Sally Garshell advised she is here on behalf of First Maplewood Corporation; and she is requesting an extension on an expiration of a surplus of a tax deed fund for her client, Mr. Thomas  Kirk of  Lakeside Management, Inc.   She stated Mr. Kirk was trying to obtain funds for another case when she noticed that he had an additional tax deed surplus; and he had a family hardship and was delayed in doing the paperwork.

 

Chair Voltz inquired what a tax deed surplus means; with County Attorney Scott Knox replying it means that when the property was sold for a tax deed there was more money paid in that was owed so there is an extra surplus.  Ms. Garshell advised Mr. Kirk is the sole surviving officer of First Maplewood Corporation; the Company owned the land before, but did not pay the taxes; Mr. Kirk had two parcels that he had lost due to a tax deed sale; and both parcels had surpluses on them.  Mr. Knox advised the problem is the Clerk returns the money to the Board ninety days after the surplus is realized from the sale; the Clerk did that in April 2004; it is a two-year Statute that bars any claim after that time and the money becomes the County’s money once it is received; and in order to grant the request it would have to give County money away to a private party.  Chair Voltz inquired how much money is it; with Ms. Garshell responding $8,431.90.  Commissioner Pritchard inquired if there is a two-year limitation then how does it return the money; with Mr. Knox replying he does not believe it can because it is giving public money away to a private party.  Commissioner Pritchard noted the Board always tries to look for ways to make things happen; but he does not see a way to make this happen. 

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 5:18 p.m.

 

 

 

 

                                                                                                                                                           

                                                                                  HELEN VOLTZ, CHAIR

                                                                                  BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                                   BREVARD COUNTY, FLORIDA

 

 

 

SCOTT ELLIS, CLERK

 

 

 

            (S E A L)