May 13, 1997
May 13 1997
The Board of County Commissioners of Brevard County, Florida, met in regular session on May 13, 1997, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Randy O'Brien, Commissioners Truman Scarborough, Nancy Higgs, Mark Cook, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.
The Invocation was given by Rabbi Richard J. Margolis, Temple Beth Sholom, Melbourne, Florida.
Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.
ANNOUNCEMENT
County Manager Tom Jenkins stated the May 22, 1997 zoning meeting will be a full agenda; the County received approval from the Department of Community Affairs (DCA) on the Evaluation Report of the Comprehensive Plan; and it will be necessary to hear the landscaping issue at a later meeting in July, 1997.
ITEMS REMOVED FROM CONSENT AGENDA
Commissioner Higgs pulled Items III.B. 7 and III.E.6 and Commissioner Voltz pulled Item III.B.6 from the Consent Agenda.
RESOLUTION, RE: PROCLAIMING ELDER LAW WEEK
Commissioner Voltz read aloud a resolution proclaiming May 18 through 24, 1997, as Elder Law Week in Brevard County; and presented the resolution to Stacie Benoit, Marvin Myers, and Attorney Jon C. Murphy.
Motion by Commissioner Voltz, seconded by Commissioner Cook, to adopt Resolution proclaiming the week of May 18 through 24, 1997, as Elder Law Week in Brevard County in recognition of this important public service offered to the senior citizens of Brevard County by the National Academy of Elder Law Attorneys. Motion carried and ordered unanimously.
Stacie Benoit expressed appreciation to the Board for the Resolution; stated in honor of Elder Law Week, The Embers Alzheimers Day Care and Family Center, along with Murphy, Murphy and Weiss, Attorneys, P.A., are co-sponsoring an important public service to older Americans; and a free seminar will be provided to older Americans on information such as power of attorney, health care surrogate, living wills, and other topics vital to seniors.
Attorney Murphy stated they hope all citizens will take the time to review their legal documents, advance directives, and estate plans.
CONTRACT NEGOTIATION, RE: COUNTY MANAGER
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Chairman to negotiate contract with County Manager Tom Jenkins, and bring to the Board for approval. Motion carried and ordered unanimously.
DISCUSSION, RE: PROPERTY ANNEXATION
Chairman O'Brien stated he received a message from County Attorney Scott Knox concerning annexed property by the City of Satellite Beach; it has annexed property on either side of a road; however, the roadway has been excluded from annexation. He requested Attorney Knox explain the issue.
County Attorney Scott Knox stated in this particular case, the criteria for the annexation were met; that was stating the fact they left out the streets; the County would have standing to sue if the criteria of the Statute are not met when the annexation takes place; and what the criteria includes is that the property has to abut the City limits, which it did, even though it left out the streets. He noted it cannot create enclaves of unincorporated territory which did not occur in this case either; and what his Office concluded after reviewing this is even though the County might have standing to sue in the event the Statute is not complied with, in this case it was complied with.
Commissioner Cook inquired does the County need to address the State law. Attorney Knox responded there is a gaping loophole in the State law which allows the cities to do what happened in this case which is to take responsibility for the property abutting the roadways, but not pave the roadways themselves and leave that with the counties; so the counties foot the bill for the roadways; but the taxed road goes to the cities that pick up the land next to it; and that could be addressed by legislation.
Commissioner Scarborough stated the County has the ability to object; with Attorney Knox responding it has 30 days to challenge the annexation. Commissioner Scarborough stated if the city changes the zoning after annexation, the County has an ability to object to it; and the zoning would not become effective for a period of three years. Attorney Knox responded he will check into it; it was the law; but he believes it was changed.
Commissioner Cook stated this needs to be addressed in the County's package to the Legislative Delegation.
RESOLUTION, RE: PROCLAIMING EMERGENCY MEDICAL SERVICES WEEK
Commissioner Cook read aloud a resolution proclaiming the week of May 18 through 24, 1997 as Emergency Medical Services Week, and presented it to Public Safety Director Jack Parker and Chief William Farmer.
Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution proclaiming the week of May 18 through 24, 1997 as Emergency Medical Services (EMS) Week, and expressing sincere appreciation to the emergency medical teams who have provided such a service to the residents and visitors of Brevard County. Motion carried and ordered unanimously.
Chief Farmer expressed appreciation to the Board for the Resolution; and stated the Board's recognition of the EMS career which is a very intense career and sometimes dangerous, will be appreciated not only by the County EMS providers, but also the rest of the EMS community. He advised of various events taking place during the EMS weekend.
Public Safety Director Jack Parker stated he very impressed with the professionalism and dedication he has seen with the people he has worked with; Friday was a great example when a life was saved; the agencies work together hand in hand; and he is very fortunate to be associated with this group of people.
UNPAVED ROAD AGREEMENT WITH JOSEPH AND SYBIL KESSLER, RE: PONDEROSA ROAD NORTH
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Unpaved Road Agreement with Joseph and Sybil Kessler for a building permit off Ponderosa Road North, an existing County right-of-way constructed to the standards of the Unpaved Road Ordinance No. 97-02. Motion carried and ordered unanimously.
RELEASE OF RETAINAGE AND FINAL PAYMENT TO GENCO BUILDING SYSTEMS, INC., RE: RENOVATIONS TO BREVARD COUNTY GOVERNMENT CENTER BUILDING E
Motion by Commissioner Higgs, seconded by Commissioner Cook, to authorize release of retainage and approve final payment to GENCO Building Systems, Inc. in the amount of $32,755 for office renovations to Brevard County Government Center Building "E". Motion carried and ordered unanimously.
AMENDMENT TO AGREEMENT WITH TOMASINE AND ASSOCIATES, INC., RE: CONTINUING ROOF CONSULTANT SERVICES
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Amendment No. 1 to Agreement with Tomasino and Associates, Inc. for continuing roof consultant services for the Facilities Construction Division. Motion carried and ordered unanimously.
ACCEPT PLAN AND INITIATE FINAL DESIGN AND PERMITTING, RE: UPPER EAU GALLIE STORMWATER MASTER PLAN
Motion by Commissioner Higgs, seconded by Commissioner Cook, to accept the Upper Eau Gallie Stormwater Master Plan and the recommendations contained within; and authorize initiation of final design and permitting for the first phase consisting of all the Parkway Drive/Horse Creek improvements estimated not to exceed $150,000. Motion carried and ordered unanimously.
AUTHORIZE BID, AWARD TO LOWEST RESPONSIBLE AND RESPONSIVE BIDDER, AND CONTRACT, RE: MERRITT RIDGE BASIN 3 SURFACE WATER PROJECT, ALUM TREATMENT POND AND SYSTEM
Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant permission to bid Merritt Ridge Basin 3 Surface Water Project-Alum Treatment Pond and System Phases; authorize award of bid to the lowest qualified bidder; and authorize the Chairman to execute the Contract with the successful bidder. Motion carried and ordered unanimously.
RESOLUTION, RE: COMMENDING ARTHUR SWANSON
Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution recognizing and commending Arthur Russell Swanson and expressing appreciation for his dedicated service to Brevard County and its citizens, and extending best wishes for good health and happiness during his retirement. Motion carried and ordered unanimously.
APPROVE CONTRIBUTIONS TO CITY OF MELBOURNE, CITY OF PALM BAY, PORT ST. JOHN JUNIOR CHAMBER OF COMMERCE AND TITUSVILLE JUNIOR CHAMBER OF COMMERCE, RE: FOURTH OF JULY FIREWORKS DISPLAY
Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve contributions of $1,000 each for the Fourth of July Fireworks Displays sponsored by the City of Melbourne, City of Palm Bay, Port St. John Junior Chamber of Commerce, and the Titusville Junior Chamber of Commerce. Motion carried and ordered unanimously.
AMENDMENT TO AGREEMENT WITH YMCA OF BREVARD COUNTY, RE: USE OF POOLS AT TITUSVILLE HIGH SCHOOL AND MADISON MIDDLE SCHOOL
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Amendment to Use Agreement with YMCA of Brevard County for use of pools at the Titusville High School and Madison Middle School for their aquatic program. Motion carried and ordered unanimously.
APPROVAL, RE: REMOVAL OF LAWN MOWER FROM COUNTY INVENTORY
Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve removal from the County's Inventory of a Kee EZ Roll lawn mower reported missing from the Parks and Recreation, Central Area Parks Operation - Mainland Service Sector. Motion carried and ordered unanimously.
APPROVAL, RE: REDUCTION IN POOL ADMISSION FEES FOR ROCKLEDGE ANNUAL FOURTH OF JULY FESTIVITIES
Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve reduction of swimming pool admission fees to 25 cents for all participants for the City of Rockledge Annual Fourth of July festivities at McLarty Park. Motion carried and ordered unanimously.
AMENDED CHANGE ORDER NO. 2 WITH HEARNDON CONSTRUCTION, RE: PALM BAY REGIONAL PARK
Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve amended Change Order No. 2 with Hearndon Construction for Palm Bay Regional Park increasing contract price by $13,599.79 instead of $14,725. Motion carried and ordered unanimously.
AGREEMENT WITH CITY OF PALM BAY, RE: SPACE COAST AREA TRANSIT "BEACH PLUS BUS" SERVICE
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Agreement with City of Palm Bay for Space Coast Area Transit "Beach Plus Bus" service for 1997. Motion carried and ordered unanimously.
APPROVE ISSUANCE OF REQUEST FOR PROPOSAL, AND APPOINT SELECTION COMMITTEE, RE: VANPOOL MANAGEMENT SERVICE FOR SPACE COAST AREA TRANSIT
Motion by Commissioner Higgs, seconded by Commissioner Cook, to grant permission to advertise, accept and negotiate Request for Proposal for vanpool fleet management service for SCAT; and appoint a Selection Committee of County Manager or designee, SCAT Maintenance Superintendent, SCAT Operations Supervisor, Purchasing Manager or designee as a non-voting member, and Transit Services Department Interim Director to select and negotiate proposals with qualified firms. Motion carried and ordered unanimously.
AMENDMENT NO. 2 TO AGREEMENT WITH GERAGHTY AND MILLER, INC., RE: CONSULTANT SERVICES FOR REMEDIATION OF OLD MOSQUITO CONTROL COMPLEXES
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Amendment No. 2 to Agreement with Geraghty and Miller, Inc. extending time to June 4, 1998 for remediation of old Mosquito Control complexes. Motion carried and ordered unanimously.
CONSENT AGREEMENT WITH JAMES T. AND BONNIE B. BUTTS, RE: ENCROACHMENT OF PRIVATE LAKE INTO SETBACK
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Consent Agreement with James T. and Bonnie B. Butts for a private lake encroachment into the seventy-five foot setback from a side property line. Motion carried and ordered unanimously.
TASK ORDER 97-01 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC., RE: MODIFICATION OF GROUNDWATER MONITORING SYSTEM AT SARNO ROAD LANDFILL
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Task Order No. 97-01 to Agreement with Post, Buckley, Schuh & Jernigan, Inc. to modify the groundwater monitoring system at the Sarno Road Landfill to meet FDEP landfill operating permit requirements. Motion carried and ordered unanimously.
TASK ORDER 97-01 WITH GLACE & RADCLIFFE, INC., RE: CONSTRUCTION DOCUMENTS AND SPECIFICATIONS, AND OBSERVATION SERVICES FOR WETLAND MITIGATION FOR CENTRAL DISPOSAL FACILITY LANDFILL
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Task Order 97-01 to Agreement with Glace & Radcliffe, Inc. for construction documents and specifications, and observation services for wetland mitigation for the expansion of the Central Disposal Facility Landfill. Motion carried and ordered unanimously.
APPROVAL OF DISSOLUTION, RE: LIVE-ABOARD TASK FORCE
Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve the dissolution of the Live-Aboard Task Force as the Task Force has provided the Board with its final report. Motion carried and ordered unanimously.
RESOLUTION, RE: CONSIDERATION OF TAX ABATEMENT APPLICATION OF MSI OF CENTRAL FLORIDA, INC.
Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution stating that MSI of Central Florida, Inc. is a qualified business expanding in Brevard County; requesting the Property Appraiser provide the Board with the necessary report; requesting the Economic Development Commission conduct an economic analysis and provide the Board with a recommendation of MSI of Central Florida, Inc. tax abatement application; and authorizing publication of a public hearing notice to consider adopting an exemption ordinance. Motion carried and ordered unanimously.
RESOLUTION, RE: CONSIDERATION OF TAX ABATEMENT APPLICATION OF SMART CHOICE AUTOMOTIVE GROUP, INC.
Motion by Commissioner Higgs, seconded by Commissioner Cook, to adopt Resolution stating that Smart Choice Automotive Group, Inc. is a qualified new business in Brevard County; requesting the Property Appraiser provide the Board with the necessary report; requesting the Economic Development Commission conduct an economic analysis and provide the Board with a recommendation of Smart Choice Automotive Group, Inc.'s tax abatement application; and authorizing publication of a public hearing notice to consider adopting an exemption ordinance. Motion carried and ordered unanimously.
NEGOTIATED SETTLEMENT OF WORKERS COMPENSATION CLAIM, RE: THEODORE MALOTA
Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Negotiated Settlement of the Workers' Compensation claim of Ted Malota for $70,000 plus claimant's attorney's fees of $11,250, and up to $352 in costs in lieu of all further benefits or obligations from the County. Motion carried and ordered unanimously.
CONTRACT AGREEMENT WITH COMMERCIAL COMMUNICATIONS SYSTEMS, INC., RE: TELECOMMUNICATIONS PREMISE DISTRIBUTION SERVICES
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Contract Agreement with Commercial Communications Systems, Inc. for obtaining competitive telecommunications premise distribution services. Motion carried and ordered unanimously. (See page for Contract Agreement.)
CONTRACT WITH FLORIDA DEPARTMENT OF REVENUE, RE: CHILD SUPPORT ENFORCEMENT
Motion by Commissioner Higgs, seconded by Commissioner Cook, to execute Contract with Florida Department of Revenue for child support enforcement at $70,010 from July 1, 1997 through June 30, 1998. Motion carried and ordered unanimously.
ACKNOWLEDGE, RE: NONFINANCIAL OPERATING DATA CERTIFICATION OF SPACE COAST AREA TRANSIT'S 1994 SECTION 15 REPORT AND 1995 NATIONAL TRANSIT DATABASE REPORT
Motion by Commissioner Higgs, seconded by Commissioner Cook, to acknowledge receipt of the Nonfinancial Operating Data Certification of Space Coast Area Transit's 1994 Section 15 Report and 1995 National Transit Database Report. Motion carried and ordered unanimously.
ACKNOWLEDGE, RE: FLORIDA CONTRABAND FORFEITURE SEMI-ANNUAL REPORT
Motion by Commissioner Higgs, seconded by Commissioner Cook, to acknowledge receipt of the Florida Contraband Forfeiture Semi-Annual Report for the period of October 1, 1996 through March 31, 1997. Motion carried and ordered unanimously.
APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS
Motion by Commissioner Higgs, seconded by Commissioner Cook, to appoint and/or reappoint the following:
Meadowlane Community Library Board
Appoint Amy Fannin replacing Denise Thornquist, with term expiring December 31, 1997.
Planning and Zoning Board
Appoint Kathryn Kowalski replacing Barbara Ray, with term expiring December 31, 1997.
Veterans Memorial Park Advisory Board
Appoint Hank Bollinger replacing Raymond Blaquiere, with term expiring December 31, 1997.
Access to Government Information Committee
Appoint Chuck Waryk replacing David Anderson, and Maureen Simmons replacing Hans
Saurenmann, with terms expiring May 12, 1998.
Country Acres Advisory Board
Reappoint Marilyn S. Hooper, with term expiring May 12, 1998.
Motion carried and ordered unanimously.
DISCUSSION, RE: COMMUNICATIONS TOWERS
Attorney Donna McIntosh, representing BellSouth Mobility, stated BellSouth Mobility has reviewed the tower ordinance being considered by the Board; the Company is concerned about page 3, Section 62-1953, paragraph 4 (b); the County is proposing to require a 3,500-foot distance separation between all towers; and it creates a problem with BellSouth Mobility and its system. She noted each one of the towers is engineered depending upon a lot of factors that the radio frequency engineers have to take into account; the towers come in all different shapes and sizes; they have from 280-foot lattice towers to 100-foot monopole towers; and depending upon the location of the different structures and the structures they will be sending signals to, they need different distance separations. She noted Orange County has a 2,000-foot separation requirement for monopoles that are at least 120 feet; that distance separation is creating problems for the system; BellSouth would like to propose that the County consider a gradual scale schedule in its Code that would go all the way down to 750 feet for monopoles that are 120 feet or smaller; and if going above 120 feet, to consider 1,500-foot separation, and leave the 3,500-foot separation for lattice towers that are taller than 200 feet. Attorney McIntosh stated that would give BellSouth an opportunity to make the system work; the 3,500-foot distance separation the County is proposing will create higher towers; she is not sure that is what the community wants to see; the second concern of BellSouth is in paragraph 3 (a); the County is requiring for towers located on any site that exceed 35 feet and are 200 feet or less in height to be in excess of five times the height of the tower from all property lines; and BellSouth would like to see the five times reduced to 200% or twice the tower height for both lattice and monopoles. She stated BellSouth Mobility has only pre-fabricated unmanned equipment buildings; in paragraph 6 (f) of the Code, the County is requiring block or masonry construction; and requested such requirement be deleted as the equipment buildings are unmanned. She noted they are very aesthetic in their appearance; the County is requiring opaque landscaped buffering around them; and Bell South does not understand the desperate need for the block or masonry as it conflicts with the way Bell South is doing business throughout the country.
Mary Doty, representing APT Tampa/Orlando, Inc., stated APT concurs with Attorney McIntosh's comments; five times the tower height setback is way more than is needed in the case of tower collapse; these towers are designed to collapse upon themselves and they do not fall straight over; and suggested the County tie tower setback requirements from existing uses rather than parcel lines. She noted the way the ordinance is drafted now, the tower needs to be set back a certain distance from the property line; and if there is residential across the street, it has not addressed that concern in any meaningful way. She expressed concern about the requirement in 6 (f) that equipment buildings shall be of block or masonry construction and shall have a pitched roof; APT does not use buildings for its equipment at the base of the structure; they are more like cabinets and very small; and requiring that they be built in masonry and with a pitched roof creates more of an impact than the equipment cabinets themselves. Ms. Doty stated 15-foot depth for opaque landscaping buffers is excessive for the nature of the equipment that is at the base of the towers; another concern is that bonds are very expensive; there is nothing in the ordinance about how long the bond shall be effective and the amount of it; and the tower companies object to the bonding requirements.
Discussion ensued on maximum height for non-commercial towers and antennas, Conditional Use Permits (CUP), residential zoning, maximum number of towers in the County, BU-1, BU-2, and GU zoning classifications, setback requirements, distance separation, property values, co-location, water towers, waivers, quality of life issues, existing towers, proliferation of towers, off-site towers, substations, multiple towers on single parcels, tower farms, commercial and industrial areas, IU and GML zoning classifications, protecting adjoining property owners, aesthetics, notification to property owners, camouflaged towers, monopoles, lattice, and guy towers, and bonding issues.
Chairman O'Brien passed the gavel to Vice Chairman Voltz.
Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to direct the Growth Management Director to make changes to the proposed ordinance on communication towers, including in Section 1(a) decreasing 100 feet to 80 feet. Motion carried and ordered unanimously.
Vice Chairman Voltz passed the gavel to Chairman O'Brien.
Motion by Commissioner Higgs, seconded for discussion by Commissioner Voltz, to change in Section 2, existing towers may be reconstructed or removed and rebuilt one time, not to exceed 200 feet, if the reconstruction is for the purpose of adding additional antennas which would otherwise require construction of a new tower, and the tower does not require a light. Motion carried and ordered unanimously.
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to direct staff to look at language to address tower farms and report by memorandum. Motion carried and ordered unanimously.
Motion by Commissioner Cook, seconded by Commissioner Voltz, to delete BU-1 and BU-2 from Section 3 on page 3. Motion carried and ordered unanimously.
Motion by Commissioner Cook, seconded by Commissioner Voltz, to delete GU, AU, and GML from Section 4 on page 3. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.
DISCUSSION WITH SHERIFF WILLIAMS, RE: BUDGET REFERENDUM
Chairman O'Brien stated the Board looked at the Sheriff's request for an increase in his budget; such increase is approximately $4.6 million for non-mandated items within the budget; the citizens of Brevard County voted for the cap and MSBU's have a cap as well; and the Board may consider putting the request on a referendum which could be done this Fall. He noted the answer from the public would come back before the final budget hearings are done
Sheriff Phil Williams stated there are increases built into the budget which the Board was prepared to fund, including the step plan and grant programs; what he sees here is approximately a $4 million increase; he is very willing to take a stand because the public has made it very clear that the status quo as far as law enforcement is concerned, they are not satisfied with; and people want to see additional deputies on the road. He noted he has requested in his budget that the County increase the MSTU millage from .89 to 1 mill; he has looked at the County's budget; it appears that without doing anything, the MSTU will increase by $135,000; general ad valorem will increase by $1.1 million; he will certainly support and take the lead on increasing the revenues in Brevard County up to the cap; and it will generate approximately $1 million less than what he is requesting in his budget. Sheriff Williams stated to put on a referendum will cost the taxpayers over $250,000; he believes they can work through the budget process and hold workshops, including prioritizing the issues to come up with a solution; he is not requesting the Board step out front and him to hide in the shadows; and the Board has the authority to raise the tax millage and dedicate it to law enforcement. He noted he does not believe the referendum is an option; and there are other alternatives that need to be exhausted first.
Commissioner Cook stated this is a very large increase; the Board has committed to almost $1 million increase already in the Sheriff's budget; currently it spends approximately $40 million a year on the Sheriff's budget; there is always a cost to go to referendum; but when raising taxes, he feels letting the people have an opportunity to address a specific issue is a good way to go. He noted the Board wants to be supportive and has been by the actions it has taken; and referendums are good and a viable option.
Sheriff Williams stated he is not trying to ask for more money for his deputies; he is asking for four more deputies; it is a very clear request; it is an operational and capital request; the capital, for whatever reason, was reduced last year about a half a million dollars; and the capital request in there is to recoup what was not received last year.
Commissioner Voltz stated she does not see any way out other than referendum because if the Board only funds part of the Sheriff's request, it would not be able to fund anyone elses budget request; it is not fair to everybody else in the community; and the County should go to referendum for the Sheriff's budget request.
Commissioner Cook stated the Board has other constitutional officers it has to fund; the Sheriff's Office is a priority in his mind; there is no way the Board can meet the needs of the other constitutional officers plus County operations under the current circumstances, unless it goes to referendum to see how the public feels; and it is public money.
Commissioner Higgs stated in the last three years, the Board has averaged almost 6% increase to the Sheriff's budget; it has been very supportive of the Sheriff; the Board needs to take a multi-year look at the needs being presented, not only for the Sheriff, but for the other County offices; it has a significant job to do in the budget; and it can work with the Sheriff, not only addressing the needs he has presented, but perhaps being able to do it in a multi-year fashion. She noted that should be done before discussing going to the voters with a referendum that will cost $250,000; and the Board needs to work with the Sheriff and attempt to come up with a multi-year plan that takes care of the long-term law enforcement needs of the County.
Sheriff Williams stated he is willing to sit down with the Board; that is an opportunity he has yet to have to work through some of this; and he believes there is some flexibility within the structure to fund these.
Commissioner Voltz inquired about the time line for a workshop and referendum.
Supervisor of Elections Fred Galey stated September 2, 1997 was the word he had received; his Office will have the books open and closed all summer; it cost money to do it; but September 2, 1997 is a good date; and going beyond that goes into the next fiscal year which delays implementation of the taxes.
Commissioner Voltz inquired when does the County need to let the Supervisor of Elections know; with Mr. Galey responding he needs 90 days notification, but he can do it in less than that if needed. Commissioner Voltz noted Labor Day is on September 1, 1997 and inquired if the referendum could be held on September 9, 1997; with Mr. Galey responding affirmatively.
Chairman O'Brien stated it is very important that the Sheriff work with the County on the wording for the referendum.
Commissioner Higgs reiterated that the County needs to look at law enforcement needs in a multi-year approach, not just one year; it is the responsibility of the Board and the Charter's designation to the Board that it is responsible for the budget; it has done nothing to scrutinize this budget and to say whether it is a good budget or an inadequate one; and yet the County is ready to go to a referendum without having done that. She noted it is not consistent with the responsibility that the Board has and what it is being asked to do; it needs to go into the budget sessions, look at this budget and the total needs of the County, including law enforcement, and find ways to do it; but to throw it out for a referendum without having done its job first is not very responsible.
Chairman O'Brien stated Commissioner Higgs is probably right and he has a tendency to agree with her; however, because of time constraints, if the County is going to go to referendum, it has to have the wording ready and available by July 9, 1997; and the Board does not hear the rest of the budget until the middle of July, 1997 through August, 1997. He noted if the Board delays until then, this cannot go to referendum; and it is only fair to the people of Brevard County that they have the authority to say yes or no.
Sheriff Williams stated the Sheriff's Office is paying for the sins of not keeping up from years back; he is willing to try and phase it in; and requested his Office and the Board work on this for a couple of weeks.
Commissioner Scarborough stated if the referendum idea does not go forward, the Board can put in the TRIM notice information regarding what it decides to do with the increase; included therein could be commitments to subsequent years not to reduce the Sheriff's budget by the amount of that increase; and that is an option out there that exists a little bit longer than making the referendum decision.
Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve placing the Sheriff's budget increase request on referendum for September 9, 1997; and direct the County Attorney to consult with the Sheriff on the referendum language. Motion carried and ordered; Commissioner Higgs voted nay.
Motion by Commissioner Cook, seconded by Commissioner Scarborough, to approve including the Certificates of Participation (COP) question on the referendum. Motion carried and ordered unanimously.
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to direct the County Manager to schedule a workshop with the Sheriff prior to June 5, 1997 to discuss all the issues regarding the budget increase request and referendum. Motion carried and ordered unanimously.
The meeting recessed at 11:18 a.m.
The meeting reconvened at 11:35 a.m.
RESOLUTION, RE: ENVIRONMENTALLY ENDANGERED LANDS PROGRAM (EEL) SANCTUARY MANAGEMENT MANUAL
Dr. Duane DeFreese, Office of Natural Resources Management, stated the Sanctuary Management Manual is intended to be a conceptual document for the future management of EEL sanctuary properties; each site would have its own Comprehensive Management Plan, so this is not intended to be a Management Plan on a sanctuary by sanctuary basis, but more of a vision for the future, both for management, public access, environmental education and for the funding of those projects and components of the program that were part of the voter-approved referendum in 1990.
Barbara Jagrowski, representing League of Women Voters, stated the League of Women Voters of the Space Coast strongly urges the Board to adopt, by Resolution, the Environmentally Endangered Lands Sanctuary Management Manual as developed by the EEL Selection Committee.
David White, representing City of Palm Bay, stated the City is one of the County's partners in the EELS Program at the Turkey Creek Sanctuary; it has been a happy arrangement and has worked well; the proposed Manual is an impressive document and has been very carefully prepared; and it is an important document with implications that are very important for the future of Brevard County. He noted the opportunity to review the document has been minimal as far as the City and public are concerned; and recommended the opportunity be provided for public and municipalities' review, including the City of Palm Bay, to fully digest this document and consider the implications of the management of these properties.
Martin Lamb expressed various concerns with the EEL Sanctuary Management Manual, including changes and revisions must be reviewed and approved by the EEL Selection and Management Committee, nature-based tourism, long-term financial impact, partnerships, and leased properties.
Ross Hinkle, representing the EEL Selection Committee, stated the Committee worked hard and openly over the last year discussing the Sanctuary Management Manual; and it has struggled coming up with the framework it believes meets the objectives and goals of the referendum and long-term maintenance of the sanctuaries being purchased under the Program. He explained the vision of the Committee in developing the Manual and carrying out the objectives of the Program; and advised the EEL Program will acquire, protect and maintain environmentally-endangered lands guided by scientific principles for conservation and the best available practices for resource stewardship in ecosystem management.
Jim French stated he sees the EELS people as modern day adventurers, wading through the swamps of Florida, and in this case Brevard County; they wave a Ph.D. and say they are experts, believe in them; these people are simply building an empire; they came for empire and gold; and the Board would be very improper to allow this to happen.
Janis Walters requested the Board support adoption of the Sanctuary Management Manual; stated it is not often that it gets the chance to do the right thing in a timely manner and at very little cost; and she hopes the Board will look favorably upon this.
Curt Lorenc stated the EELS Program is a good one; it has a large holding of land in the Valkaria area; it has done an excellent job; and he supports the EEL Sanctuary Management Manual.
Lillian Banks, representing Citizens for Constitutional Property Rights, stated the Sanctuary Management proposal sounds like another scheme concocted to insure the retention of jobs for a bunch of high salaried individuals and create another bureaucratic monstrosity; and it is time to end the empire building.
Harry Fuller stated he sees a bureaucracy in the making; all bureaucracy starts from little seeds; and he is opposed to the EEL Sanctuary Management Manual.
Dewey Leidal requested the Board approve the Manual; and stated Brevard County has so much to offer.
Margaret Broussard requested the Board adopt the Manual; and she is sure it recognizes the quality of this Program which has given Brevard County both National and State recognition, and would want it continued at the same level of quality as it enters its next phase, the management, passive recreation and educational efforts as approved by the voters in the referendum of 1990.
Chairman O'Brien stated he received a letter from the City of Palm Bay; it said the Manual leaves unanswered the true stance which will be taken toward members of the public who wish to hike, bike and ride their horses on the 12,000 plus acres which their self-imposed taxes helped purchase; and its recommendation to the Board is to defer a vote on the document, as it warrants a public hearing.
Commissioner Cook stated his concerns are similar to the City of Palm Bay; there are some questions with regard to public access; his impression is there is an attempt to overregulate public access to EELS properties; he is a supporter of the EELS Program and always has been; and it is one of the premier EELS Program in the country. He noted it has done an excellent job in the acquisition phase; now it is moving to another phase; the important thing in the second phase is to insure the type of public access which is necessary; when he sees some of the terms used in the Manual, he has some concerns; and he would like to see those areas reworked. Commissioner Cook suggested various revisions be made in the Manual, including page 2 which states any changes or revisions must be reviewed and approved by the EEL Selection Committee; page 3 which says the EELS Program will strive to provide a range of public use opportunities that are consistent with conservation; and recommended it be changed to say "the EELS Program shall provide." He noted page 7, number 6 refers to stake holders, and recommended the citizens or the taxpayer be used instead of stake holders; expressed concerns with various language on pages 9, 12, 13, 16, 19, and 20; recommended the word "consensus" be deleted on page 26 and adding an additional category of recreational interests to the committee structure on page 26; and staff work on language regarding public access throughout the manual, including pages A.20. and A.6.
Motion by Commissioner Cook, seconded by Commissioner Higgs, to approve proposed amendments and recommendations by Commissioner Cook on pages 2, 3, 7, 9, 12, 13, 16, 19, 20, 26, A.20, and A.6 to the Environmentally Endangered Lands Program Sanctuary Management Manual. Motion carried and ordered unanimously.
The meeting recessed at 12:47 p.m.
The meeting reconvened at 1:35 p.m. in the Florida Room.
DISCUSSION WITH TOM HOLLEY, RE: COUNTY FINANCIAL MATTERS
Financial Advisor Tom Holley explained various options regarding the Local Option Gas Tax Bonds. He advised Option A includes providing between now and August 1, 1997 $4.35 million in cash for new projects; the County would still see annual cash flow savings of $2.6 million; Option B includes taking no money out for new construction and buy down the debt service instead; and the annual cash flow savings would be $3 million.
Discussion ensued on construction funds, drainage, discussion of priorities at the transportation workshop, debt service, principal and interest, annual payment, refinancing bonds, sinking fund, bond proceeds, savings, cash flow, present value basis, financial planning, road projects, extension of the gas tax, and financial constraints.
Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to approve Option B to take no money out for new construction and buy down the debt service instead. Motion did not carry; Commissioners Scarborough and Higgs voted aye, Commissioners O'Brien, Cook and Voltz voted nay.
Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Option C, to take no action regarding the 1994 Local Option Gas Tax Bonds. Motion carried and ordered; Commissioners Scarborough and Higgs voted nay.
The meeting recessed at 1:55 p.m.
The meeting reconvened at 2:07 p.m. in the Commission Room.
Motion by Commissioner Higgs, seconded by Commissioner Cook, to continue Resolution adopting the EEL Sanctuary Management Manual to the July 8, 1997 meeting; and direct staff to send the Manual with amendments to the municipalities for review prior to July 8, 1997. Motion carried and ordered unanimously.
RESOLUTION, RE: REVISIONS TO LAND ACQUISITION MANUAL OF THE ENVIRONMENTALLY ENDANGERED LANDS PROGRAM (EEL)
Motion by Commissioner Cook, seconded by Commissioner Higgs, to adopt Resolution adopting the revised Land Acquisition Manual for the EEL Program. Motion carried and ordered unanimously.
CONTRACT WITH GEORGIA-PACIFIC CORPORATION, RE: SALE OF TIMBER ON EEL PROGRAM VALKARIA SCRUB PROPERTIES
Motion by Commissioner Cook, seconded by Commissioner Voltz, to table consideration of the Valkaria Scrub Restoration Timber Contract with Georgia Pacific Corporation to May 27, 1997. Motion carried and ordered unanimously.
DISCUSSION, RE: OPM-USA, INC. LAWSUIT/CERRATO CUP APPLICATION FOR TOWERS AND ANTENNAE
County Attorney Scott Knox stated additional language needs to be included in the Resolution on page 3, number 6 stating this proposed commercial use is inconsistent with the Comprehensive Plan's Wetland Policies.
Commissioner Scarborough stated he will move the item with the additional language.
Chairman O'Brien inquired if the correction is included in the motion for 340-foot tower; with Commissioner Scarborough responding the motion includes both the corrected language and additional language. Chairman O'Brien advised the motion consists of the additional language and other corrections pertaining to height of the tower.
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to adopt corrected Resolution denying Conditional Use Permit Application filed by Robert E. Smith, Walter A. Cerrato, Jr. and Walter A. and Mary R. Cerrato. Motion carried and ordered unanimously.
DETERMINATION OF PUBLIC INTEREST, RE: WALGREENS AT POST AND WICKHAM ROADS
Attorney Phillip Nohrr, representing the applicant, explained the proposed project to the Board; advised it is a site on the corner of Post and Wickham Roads; the total wetland is 1.8 acres; the part that is on their site is .66 acre; if they are allowed to build the Walgreens as they propose, there will be approximately 1.1-acre functional wetland left; and County staff concurs with that in its finding. He stated they have done the minimum they can do as far as trying to develop that property and not impact on the remaining wetlands; it leaves them with very little Wickham Road frontage depth to work from; what they are proposing to do is to mitigate at the rate of 15:1 which would come out to 10.23 acres; and the land is down in Valkaria right by the EELS site property. Attorney Nohrr stated if the facility is built, it will have 20 full-time jobs, 20 part-time jobs, and it should create an additional 14 jobs indirectly; when the project is finished, the County will have a tax base of approximately $1.9 million; there is a public purpose that would also be served by doing this; and they will still have a functioning wetland.
Commissioner Cook stated this is in compliance with the County's policy and agreement with Department of Community Affairs (DCA), so he will move approval of the item.
Motion by Commissioner Cook, seconded by Commissioner Voltz, to make a determination that the proposed Walgreens on the northwest corner of Post and Wickham Roads meets the overriding public interest criteria as required by the Comprehensive Land Use Plan's Conservation Element, Wetland Policy 5.2.F.2.
Commissioner Higgs stated she believes it would be consistent with the agreement and proposed Comprehensive Plan amendment, but as of today, the law still reads in Policy 5.2.F.2 that commercial and industrial land uses shall be prohibited unless the project has a special reason or need to locate within wetlands and there is an overriding public interest, the activity has no feasible alternative location, the activity will result in the minimum feasible alteration, and the activity does not impair of the functionality of the wetlands. She noted she does not believe this project meets the criteria set forth in the law and she cannot support the motion.
Chairman O'Brien called for a vote on the motion. Motion carried and ordered; Commissioner Higgs voted nay.
RESOLUTION, RE: APPOINTMENT OF CHARTER REVIEW COMMISSION
Motion by Commissioner Cook, seconded by Commissioner Voltz, to adopt Resolution defining and describing the appointment of a 15-member Charter Review Commission. Motion carried and ordered unanimously.
DISCUSSION, RE: ADULT ENTERTAINMENT ORDINANCE
Motion by Commissioner Cook, seconded by Commissioner Scarborough, to grant permission to advertise public hearing for May 27, 1997 to consider amendments to the Adult Entertainment Ordinance to update certain provisions in conformance with current law. Motion carried and ordered unanimously.
SPEED HUMP REQUEST, RE: ROSEWOOD AVENUE AND GREYTWIG PLACE
Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to accept the Bear Creek Property Owner's Association, Inc. check in the amount of $1,145.70 for installation of a third speed hump at Rosewood Avenue and Greytwig Place, with such speed hump being installed within 45 days.
Commissioner Voltz stated she cannot support the motion as the Board turned it down originally; and now the homeowners are coming back and buying the Board's vote.
Chairman O'Brien called for a vote on the motion. Motion carried and ordered; Commissioner Voltz voted nay.
CHANGE ORDER NO. 2 WITH SATURN BUILDERS OF BREVARD, INC., RE: FOX LAKE PAVILION COLUMN AND ROOF REPLACEMENT
Motion by Commissioner Voltz, seconded by Commissioner Cook, to approve Change Order No. 2 with Saturn Builders of Brevard, Inc. for renovation of the Fox Lake Pavilion, increasing the amount by $8,580.49 with no change in time. Motion carried and ordered unanimously.
CONTRACT FOR SALE AND PURCHASE WITH MARK REALTY, INC., RE: PROPERTY LOCATED ADJACENT TO PELICAN BEACH PARK
Commissioner Higgs stated the County should explore the two parcels of land that are available south of Pelican Beach Park; there is one acre with 139 feet of oceanfront property as opposed to the 50 feet being considered here; and it is for $185,000. She noted this may be a better deal for the County and she would like it to inquire about the property.
Parks and Recreation Director Chuck Nelson stated there is an encroachment the County is dealing with and other issues; at the time, it was not looking to buy additional land; it was trying to resolve a problem; and those properties that are available to the south would be very attractive from that perspective.
Motion by Commissioner Cook, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase with Mark Realty, Inc. for .34-acre parcel with 1,824 square-foot building, adjacent to Pelican Park, at $195,000. Motion carried and ordered; Commissioner Higgs voted nay.
The Board directed County Surveyor Beverly Sutphin to investigate purchase of the properties to the south of Pelican Park.
APPROVAL OF SPONSORSHIP FUNDS, RE: USA BASEBALL TRAINING AND PROMOTION
Commissioner Higgs stated there are no performance requirements in this item and no expectation, other than they will play baseball; one of the things she has been consistent on is that all of the County's contracts would have some type of performance criteria; and she believes it is an inappropriate use of capital facilities monies.
Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to table approval of sponsorship funds for USA Baseball Training and Promotion. Motion did not carry; Commissioners Scarborough and Higgs voted aye, Commissioners O'Brien, Cook and Voltz voted nay.
Motion by Commissioner Cook, seconded by Commissioner Voltz, to approve sponsorship funds in the amount of $25,000 to USA Baseball to assist in training the USA Baseball National Team at Space Coast Stadium and to promote the Space Coast as its permanent training site; and direct staff to prepare an agreement with USA Baseball to come back to the Board for approval and execution by the Chairman. Motion carried and ordered unanimously.
APPROVAL OF MATCHING FUNDS, RE: EARTH STATION ONE
Commissioner Higgs stated this is not a project in the sense of expansion or renovation of existing facilities; the Board is being asked to approve $50,000 for consultant services and $25,000 for a feasibility study; she does not believe those are qualified expenditures under the TDC Program; and these are not capital projects.
Bud Gardner, representing International Space Station Foundation, stated he did not make application to the TDC for this grant; he had been trying to pursue this activity with private resources as much as possible; he was approached by members of the TDC who asked how they could help to make this a reality; and in discussions with the TDC, they came up with this basic concept. He explained the proposed project to the Board.
Commissioner Scarborough stated if the TDC is going to be operating some unique consulting contract to go out and get money, the Board should be looking at the contract and asking particular questions.
Commissioner Higgs stated there needs to be clarification on the ability to use these funds for non-public facilities.
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to table approval of matching funds support to the International Space Station Foundation for Earth Station One in the amount of $50,000 until the May 20, 1997 meeting. Motion carried and ordered unanimously.
APPROVAL, RE: INCREASE OF AMBULANCE USER FEE MILEAGE RATE FOR HARBOR CITY VOLUNTEER AMBULANCE SQUAD
Commissioner Higgs inquired why Harbor City Volunteer Ambulance Squad needs to increase the ambulance user fee mileage rate from $4.00 a mile to $5.00 a mile, and how is it moving forward in its recovery plan.
Alan Escoffery, CEO, stated Harbor City conducted a study of its vehicle expenses for FY 95-96; it spent a total of approximately $541,000 on vehicle expenses at that time; comparing that to what it billed and collected, it found it was not compensatory; and it calculated that in order to recover its costs, it would have had to charge about $6.00 a mile. He noted after discussions with the Public Safety Department, Harbor City felt it would be best to ask for a $5.00 a mile rate which is a $1.00 increase, in view of the fact that was the approved mileage that Coastal Health Systems of Brevard is currently charging; and that was the rationale for coming up with the request for the $1.00 increase. He noted in terms of Harbor City's financial recovery plan, he is pleased to report that such plan is definitely making progress; it was implemented in October, 1996; after six months of that fiscal year, Harbor City is basically breaking even; and its financial statements reflect that it actually made $69,000 after the first six months of the fiscal year. Mr. Escoffery stated with Harbor City's continued success in implementing its financial recovery plan, the prognosis is for Harbor City to regain full financial health.
Motion by Commissioner Voltz, seconded by Commissioner Higgs, to approve increase to Harbor City Volunteer Ambulance Squad's Rate Resolution to increase the ambulance user fee mileage rate from $4.00 a mile to $5.00 a mile; and direct Alan Escoffery, CEO, to provide the Board with monthly financial updates. Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET TRANSFERS
Commissioner Higgs requested clarification on whether or not the TDC should be reimbursing the Cocoa Area Chamber of Commerce on pages 41, 43 and 47 of the Bills and Budget Transfers.
Commissioner Cook requested clarification on whether the travel from Orlando to Melbourne and travel from the Brevard County line to Orlando are the same trip on pages 99 and 105.
Motion by Commissioner Higgs, seconded by Commissioner Cook, to approve Bills and Budget Transfers as submitted, except pages 41, 43, and 47 for clarification on whether or not the TDC should be reimbursing the Cocoa Area Chamber of Commerce, and pages 99 and 105 for clarification on whether the travel from Orlando to Melbourne and travel from the Brevard County line to Orlando are the same trip. Motion carried and ordered unanimously.
WARRANT LIST
Upon motion and vote, the meeting adjourned at 3:41 p.m.
RANDY O'BRIEN, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)