MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

March 20, 2007

 

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 20, 2007 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Mary Bolin, and Helen Voltz, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

The Invocation was given by Helen Voltz, District 3 Commissioner.

 

Commissioner Nelson led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the October 31, 2006 Regular Meeting Minutes, December 7, 2006 Workshop Minutes, January 18, 2007 Workshop Minutes, and February 8, 2007 Workshop Minutes.  Motion carried and ordered unanimously.  

 

 

Commissioner Voltz read aloud a Resolution recognizing National Surveyors’ Week.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming March 18 – 24, 2007, as National Surveyors’ Week in Brevard County, and recognizing the groundwork laid by our forefathers, and the ongoing dedication of our present day surveyors to the citizens of Brevard County.  Motion carried and ordered unanimously. 

 

 

John Gargis expressed appreciation for the recognition of the surveyors of Brevard County.

 

Kay Gargis stated as Secretary of the Space Coast Chapter of Florida Society of Surveying and Mapping, she would like to thank the Board for recognizing the surveyors and their undying task of helping to map Brevard County and to map the development and history as well.

 

 

Commissioner Bolin read aloud a Resolution recognizing “Generations of Women Moving History Forward.”

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing Patricia Manning Ed.D,  as Brevard County Commission on the Status of Women’s, Woman of the Year.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Courtney Culver, as Brevard County Commission on the Status of Women’s Woman of the Year.  Motion carried and ordered unanimously. 

 

 

Courtney Culver expressed appreciation to the Board for supporting the Brevard County Commission on the Status of Women’s endeavors in the community; and thanked her mentor and teacher, Ms. Erica McClaren, who nominated her for the award.  She also thanked her family, especially her mother, who is present and has been a big support.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Marcia Mario, as Brevard County Commission on the Status of Women’s Woman of the year.   Motion carried and ordered unanimously. 

 

 

Marcia Mario stated the idea to care for one’s own usually comes sitting around the kitchen table, as many women sit at the kitchen table wondering how they are going to care for their sick child, their sick husband, or their elderly parents; and when that happened to her, she realized she was not alone.  She noted there are millions sitting around the kitchen table trying to figure it out; and what she did with Sunflower House is just move the kitchen tables into a broader place.  She expressed appreciation to the Board for the recognition and Resolution.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Elmo’s Beauty Shop as Brevard County Commission on the Status of Women’s Business of the Year.  Motion carried and ordered unanimously. 

 

 

Cathy Bucklin expressed appreciation to the Board.  She stated she has worked two or three jobs, and one as a caregiver; and she believes that if you stick to it, anyone can do it.

 

Commissioner Bolin read aloud a resolution recognizing the achievements of the 2006-2007 Space Coast Hurricanes Mite Travel Ice Hockey Team on their State Championship Title.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing the achievements of the 2006-2007 Space Coast Hurricanes Mite Travel Ice Hockey Team on their State Championship Title.  Motion carried and ordered unanimously. 

 

  

 

Misty Campbell, Vice President of Community Relations for Crosswinds Youth Services, stated on behalf of President Jan Lokay, she would like to thank the County Commissioners for the support it has given to Crosswinds and the youth in the community.  She expressed appreciation to Chairperson Colon for inviting her to share with the Board information on the Great Brevard Duck Race.  She stated there are many community partners that are sponsoring the event and donating great prizes; this year there is a prize of a 7-day cruise on Royal Caribbean, a 3-day cruise on the Disney Wonder, and a $3,000 shopping spree from Indian River Furniture; and those are just a few of the prizes this year.  She advised one can adopt a duck at various bank locations throughout Brevard County for $5.00 or one can adopt a duck online; and all of the proceeds will benefit Crosswinds Youth Services.  She noted Crosswinds has been in Brevard County for 33 years serving youths and families and creating opportunities for young people to succeed.  She advised the race will be held April 22, 2007, at 1:30 p.m. at Sandpoint Park, Titusville, at the Indian River Festival.  She thanked the Board for its support, and encouraged everyone to adopt a duck.

 

Chairperson Colon inquired of the testimonies of Crosswinds.

 

Ms. Campbell stated a recent story in Brevard Business News focused on a young man who started in the Crosswinds Program in the Transitional Living Program; he is a true testimony; he came from a long-term commitment program; he ended up at the Transitional Living Program where he was able to learn life skills such as learning how to get an apartment and how to apply to go school; and he attended BCC while he was at Crosswinds.  She noted while he was in the program he decided he wanted to go into the service; and he is currently serving proudly in the Navy.  She stated his relationship with his family was mended, which he did not have prior to coming to Crosswinds; and he is very passionate about Crosswinds, and he is doing very well. 

 

Chairperson Colon stated these are young boys and girls who have a detour and believe they cannot get back on track; they have role models at Crosswinds who let them know they believe in them, which is critical because these are young people who are headed straight to jail or prison, if they continue that kind of lifestyle; and Crosswinds allows a second chance. 

 

Commissioner Voltz stated when the Board has its mid-year budget she would like to look at the $23,000 that Crosswinds Youth Services needs to resurface the road out to its new facility; and she would like for that to be put on the agenda.

Commissioner Scarborough noted Patricia Manning just entered the meeting, and invited Dr. Manning to approach the Board.  He stated Dr. Manning is a unique individual and is an inspiration within the community.  He commented on trying to get money through the Legislature for an Alzheimer’s Center; advised it did not pass on a referendum; and Dr. Manning vowed to keep trying, and succeeded. 

 

Dr. Patricia Manning expressed appreciation to the Board and for all it does to help the citizens of Brevard County. 

Chairperson Colon read aloud a Resolution recognizing William H. Paine’s outstanding achievements.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing the accomplishments of William H. Paine, commending him for his outstanding achievements, and offering him  congratulations  and best wishes for a successful future.  Motion carried and ordered unanimously.  

 

 

William H. Paine expressed appreciation to the Board.  He introduced his wife, his son Billy, his daughter Mary Ann, and her husband Dan. 

 

Chairperson Colon stated there is a card Mr. Paine gives people that belonged to the Cape Canaveral Clown Club; and it is has wonderful saying of what the organization is about.  

 

Mr. Paine shared a story from his employment with the Palm Bay Police Department.

 

 

Chairperson Colon read aloud a Resolution recognizing the Masters Workshop for its dedication to the children in the community.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing The Masters Workshop for its dedication to the children in the community, commending it for its outstanding achievements, and offering congratulations and best wishes for a successful future.  Motion carried and ordered unanimously. 

 

 

Janet Marks stated she is humbled by the recognition as she is humbled each time she is recognized;   and   she would  like  to pass  on the  recognition  to so many volunteers, and the Board of Directors, who have such a great heart for the neediness of children.  Ms. Marks stated

the work the group does is not easy; the children need so much help and care as they are robbed of their childhood by the disastrous dirty drugs, which are in their environment; and thanked the Board for recognizing what The Masters Workshop is doing, because what it is doing needs to be done. 

 

Chairperson Colon thanked Ms. Marks for not giving up; stated it has been a difficult journey; and she would like to thank the Board of Directors which has stood beside her. 

 

 

Commissioner Scarborough read aloud a Resolution proclaiming Children’s Day and Children’s Week.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution proclaiming March 25 – April 1, 2007 as “Children’s Week in Brevard County” and March 23, 2007 as “Children’s Day.”  Motion carried and ordered unanimously. 

 

 

Linda Graham stated Children’s Day will be held on March 23, 2007, at Riverfront Park in Cocoa, and there will be a lot of activities for children, centered around the issues mentioned in the Resolution.  She advised there will be a magician, games for the kids, activities such as jumping rope, a puppet show, face painting, child safety activities, hot dogs, drinks, chips; and everything is free. 

 

Commissioner Voltz read aloud a Resolution recognizing the life of Carmen Contreras Shrum.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution expressing appreciation and honoring the life of Carmen Contreras Shrum.  Motion carried and ordered unanimously. 

 

 

John Shrum expressed appreciation to the Board and to Commissioner Voltz for putting the Resolution together.  He stated Carmen was a special person to him; she was a life partner, mother of two children; she loved to interact with people; she loved to learn and to lead; and she loved going to college.  He noted Ms. Contreras Shrum was the first member of her family to graduate from college, and she was a strong advocate for women’s causes.  He commented after he retired in 2002, Ms. Contreras Shrum slowed down a little bit, but not much.  He commented on the dreams Ms. Contreras had, including going to Europe, being married in a church,  and  watching  her  youngest  daughter  graduate.    He stated  in  2003 Carmen visited Europe; in 2006 their vows were renewed in a church; and in 2007, her daughter will graduate High School, for which Carmen will be there in spirit.

 

Chairperson Colon read a prayer for Carmen Contreras Shrum; and stated her legacy continues.

 

Commissioner Voltz expressed appreciation to John Shrum, and to Carmen Contreras Shrum, as she was her first appointee to the Commission on the Status of Women.

 

Commissioner Voltz read aloud a Resolution supporting the National Wildlife Refuge System.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution requesting an augmentation in operations and maintenance funding for the National Wildlife Refuge System for Fiscal Year 2008, and that every effort be made to restore funding to Merritt Island, Pelican Island, and Archie Carr Refuges and other units of the Refuge System; and authorize Chairperson Colon to send a cover letter with the Resolution to the Florida Delegation.   Motion carried and ordered unanimously. 

 

 

Walt Stiegletz stated the National Wildlife Refuge System is probably the world’s greatest collection of wild lands and water set aside for wildlife; there are over 547 units and about 96 million acres in the system; and that is bigger than the National Park System in acreage and in units.  He noted the situation being faced today is dire; he has been associated with refuges for about 45 years; and he has never seen the funding situation as serious as it is today.  He stated there have been major personnel cuts and the refuges have very little funding available for operations and maintenance; the support of the Commission is very important to him; and he is glad to hear Commissioner Scarborough mention where the Resolution needs to go.  He stated they are working very hard to convince Congress and the Administration to increase funding; the federal government is responsible for the funding of the refuges; and they have done a deplorable job.  He stated the hope is that if the decision makers hear the message loud and clear from local governments and the American public, the federal government will do something in a positive fashion to help refuges.

 

 

Chairperson Colon stated on behalf of the Board of County Commissioners, she would like to recognize Gay Williams, Housing and Human Services Director, for the outstanding service she gives to the community; she is impressed by Ms. Williams’ heart and how much she cares about people; and it is reflected in her staff and the way she leads. 

 

Gay Williams, Housing and Human Services Director, stated she is shocked by the recognition because the persons who really deserve the recognition are not all here, and they are her team.  Ms. Williams expressed appreciation for having the opportunity to work in the best place in the U.S.A; stated she appreciates working for a Board of County Commissioners which supports its teams and staff to do what they do; she appreciates the opportunity to work with team members such as County Manager Peggy Busacca, Assistant County Manager Don Lusk, and the team of the Housing and Human Services Department; and she accepts the recognition on behalf of them because they love what they do and they love working amongst the residents. 

 

 

 

County Manager Peggy Busacca stated there is a constituent requesting to table Item III.A.13.; and she gave the Board the letter she received this morning.  She stated the item is related to the Micco Road Maintenance Map; and the representative, Mr. Douglas, is asking that the item be tabled. 

 

Commissioner Voltz stated it will put off the project on Micco Road, which the Board has been waiting years to do; and requested John Denninghoff address the issue.

 

John Denninghoff, Transportation Engineering Director, stated he has read the letter and it seems to imply that the County has failed to give the property owners proper notice; in fact, Statute does not require a notice, but the County gave notice; and the letter implies that the County has not been in contact with the property owners, and it has on several occasions.  He noted the letter also implies the County failed to provide the maintenance that is necessary to file a maintenance map; he checked with Keith Alward this morning and verified the County is claiming the area that it has maintained; and a significant portion of the property being claimed is under the pavement of Micco Road, because there is no right-of-way deed of record at that point.  He advised the property owner has a fence along his property; the County is not claiming anything past that fence; and there are drainage pipes that are parallel to the roadway and a roadside swale that Road and Bridge maintains outside of the fence and inside the area being claimed by maintenance.  He note it is his opinion that the County has complied with all of the statutory requirements to file a maintenance map and in fact, has exceeded them; and he does not believe there is a problem with what has been done.  He stated the County attempted to get the property owners to donate the necessary right-of-way, but they refused; and they were advised that would leave little recourse but to file a maintenance map for it.  He stated this is part of the Micco Road Intersection Improvement and Sidewalk Project; and if action is not taken today, staff would either not construct that portion of the project or modify the plans in some other way to eliminate the improvements to the intersection with Ron Beatty. 

 

Commissioner Voltz stated the people in Barefoot Bay have been waiting years to have this done, and that portion of Micco Road is very dangerous.  She stated she does not feel it needs to be discussed, and the Board should move forward.  Commissioner Scarborough stated he may have some further questions.

 

Chairperson Colon stated the Board will pull the item for discussion. 

 

County Manager Peggy Busacca stated staff had hoped by having a budget workshop on Thursday there would be some direction from the Legislature as far as what would be happening with property taxes; she does not think staff currently has that direction; Mr. Thrasher is scheduled to speak to staff at 1:30 p.m., and there is a meeting at 10:00 a.m. on disabilities; and inquired would the Board like to continue to move forward with the Budget Workshop on Thursday, or reschedule it until there is more information.

 

Chairperson Colon stated the Board needs more information. 

 

Ms. Busacca stated staff will reschedule the Budget Workshop and reschedule Mr. Thrasher contacting the Board the next time. 

 

Chairperson Colon stated the only workshop on Thursday, March 22, 2007 will be the Disabilities Workshop.

 

Bill Parsons, Director of Kennedy Space Center, stated he would like to point out the economic impact the Kennedy Space Center has on Brevard County and the State of Florida; there is a $2.8 billion impact on Brevard County alone, with 28,000 jobs; a $3.6 billion impact for the State of Florida, with over 34,000 jobs mostly in the Central Florida area; and a $177 million impact in federal taxes; and $83 million in state and local taxes.  He noted the biggest job Kennedy Space Center has been given by the President and Administrator is to safely fly out the Space Shuttle Program through 2010, complete the International Space Station, and then transition the Space Shuttle to the new program called Constellation.  He stated Kennedy Space Center plays a huge part in all of this; recently STS117 was going to be launched on March 15^th; a hail storm damaged the STS117 stack; at this time, the external tank has sustained over 2,700 dings; and that has been mapped out and most of it is on top of the tank, where it is most critical.  He advised approximately 1,000 repairs have to be done; and the repairs are the type where foam is poured into a hole, spread around, and sanded off.  He stated the other damages may be able to fly as-is, or may need some minor repairs; they are trying to figure out how to repair the damages; the stack is put together; the repairs are being made in the Vertical Assembly Building; and access is built up around it and it is being worked on.  He stated tomorrow he will meet with the senior leadership of the agency to discuss the path forward; they will lay out the repair and the possibility of making the tank certified and ready to fly; and if they are ready to do that, it can probably fly in mid to late May, or maybe early June.  He noted if it is decided the tank is not able to reach that certification, then the tank will be traded out with another tank that will arrive from Michaud on April 10^th; one thing in the critical path for flying shuttles right now are external tanks; with Hurricane Katrina and the impact that occurred at the Michaud Plant, they are getting the external tanks just in time to fly the next missions; and it is important to fly this tank for the  number  of flights  expected  to fly between now and 2010, but if it is not certified to fly, it may be taken offline to do more repairs and fly at a later time.  He noted the decision will be made in the next two weeks.  He stated in addition to this launch, there are other launches including STS118, STS120, and STS122 by the end of the year; so there are four shuttle launches planned;  and  there  are  also  five  expendable  launches planned through the year on the east coast, and a couple on the west coast that Kennedy Space Center is responsible for.  Mr. Parsons stated the most important thing about flying the shuttle through 2010 is flying every mission safely; and concentration is needed on the next mission first, and then the others afterward.  He noted the next biggest thing on Kennedy Space Center’s plate is the transition, the flying-out of the shuttle and then transitioning the Constellation; Congress did not pass the Authorization Bill for FY 2007, but did a continuing Resolution; the continuing Resolution kept Kennedy Space Center at the 2006 budget levels; the President had put forth an increase in 2007; that increase did not occur; and Kennedy Space Center lost approximately $545 million to the Constellation Program.  He advised that is a fairly significant impact to the agency and to Kennedy Space Center; that will slow work down and not allow Kennedy Space Center to get to the point where it can launch the Constellation Program as planned in the 2014 timeframe; that would have created a gap of only less than four years; and with the $545 million impact, that gap is turning into retiring the Shuttle in 2010 and the Constellation may not fly with humans on board until 2015.  He noted the most important thing about all of this is if they use the FY 2007 CR baseline for the increases they will give Kennedy Space Center in 2008, then that is a further impact and a further stretching out of the gap between the Shuttle retiring and the Constellation; and Kennedy Space Center needs Congress to support the President’s budget in FY 2008, to least keep the gap where it is today.  He noted even though it is Federal and decisions are made by Congress and the President, the County Commission needs to understand how important it is to Brevard County; and if the gap increases, Kennedy Space Center loses the skills and there are more opportunities to not reach the stage it should be at for Constellation to go forth with human space flight.  He encouraged the Board to, at any chance it gets, talk to Congress and people who can support the space endeavor to ensure they know Kennedy Space Center needs FY 2008 President’s budget at the mark that he has given it; and stated it would be great to have more, but Kennedy Space Center will take what was put forward by the President at this time.  

 

Chairperson Colon stated last week in Washington, some of the Commission met with Congressman Weldon, Congressman Feeney, Senator Mel Martinez, and Senator Bill Nelson; those folks are extremely supportive; a few weeks ago, the Commission sent a letter to all the Congressmen, Senators, and Governor Crist letting them know their support is needed; the letter was also sent to the entire Delegation; and the Board feels it is crucial for everyone to come together.  She stated Senators Martinez and Nelson made it perfectly clear how much they support the space program; this is not just about Brevard County, it is about the entire State of Florida and how it will affect the State of Florida; and it is a message that was delivered very well by the Economic Development Commission.  She read aloud the letter that was sent to the Senators, Congressmen, and the Governor requesting assistance in supporting restoration of the FY 2007 NASA funding request. 

 

Mr. Parsons stated he has been to many other centers throughout NASA, and he has never seen such great support at the County, State, and Federal level; the Kennedy Space Center has

tremendous support from the community and all of the people around it; and he cannot thank them enough.

 

Commissioner Scarborough stated one of the things that can be easily missed is that the Kennedy Space Center is going to be there,  and the land is going to be there; the trouble is, the

land without the operations is not enough for the nation’s Space Center and not just for this County; it is important that the Country understand it is the human resources, and the capacity of Mr. Parsons’ staff to carry forth this Nation’s pride as the primary explorer of space; and it will be lost if there are these hiatuses and the talented people who will find jobs in other sections of the industry.  Commissioner Scarborough stated it is incumbent upon the Commission because it can do and say things outside of the spectrum of where Mr. Parsons and his staff are limited; the message needs to be brought forth that it is not in the nation’s best interest, if it wants to be in the forefront of science and space, to let this happen; and any help Mr. Parsons and his staff can give the Board and the EDC would be most helpful.

 

Chairperson Colon stated there will be a meeting in her office with the EDC to make sure there is a strategy to continue to make sure it is given the data that is crucial to have.  Commissioner Scarborough stated the Board needs to perhaps look to specialized lobbying in Washington; and the current lobbyist may not have the technical expertise.  He noted the Board needs to find out if there are persons who can bring this message, not just to Brevard County, but to the Nation; and Kennedy Space Center raised the pride of the Nation to what it is today, and it should not be forgotten. 

 

Commissioner Nelson stated he supports his fellow Commissioners and looks forward to meeting with Mr. Parsons and continuing his education.  He noted many of Brevard’s residents are employees at Kennedy Space Center, and he does not want to lose that character of the community.

 

 

Chairperson Colon stated the Commission was in Washington over the weekend, and due to the weather it had to stay a few extra days.  She advised the Commission met with Senator Bill Nelson, Senator Mel Martinez, and Congressman Weldon, as well as the Secretary of the Air Force, Assistant Secretary of the Air Force for Installations, and Director of the Air Force Real Estate Property Agencies.  She noted one thing that stood out was that it is appreciated in Washington that the community’s delegation was there during a time that was not for BRACK; and that was key, because the reason the EDC goes every year is to make sure Patrick Air Force Base stays off of the radar and does not get closed.  She stated the Commission brought back a lot of information to the community. 

 

Commissioner Voltz stated Congressman Feeney indicated the importance of Lee Solid and Marshall Heard of the EDC; if it was not for Mr. Solid and Mr. Heard, Brevard County would not have gotten the contracts it has gotten; and she is sure the rest of the delegation feels the same way.  She stated it would be nice if Mr. Solid and Mr. Heard could proceed to Washington, or if they know someone in Washington who can do what they do for Brevard County. 

 

Commissioner Scarborough stated the task is getting greater; what Mr. Solid and Mr. Heard did was tremendous; without money, and with just getting into the mindset of CEO’s, the Crew Exploration  Vehicle  should be  assembled in Brevard County.   He commented on  getting into the whole funding of the NASA budget and how that comes to be significant to the nation’s resources; stated all of the centers are being negatively impacted; there is a loss of what is important to the Country; it has not yet been looked at in a holistic sense, and unless it is, it is going to get worse.  Commissioner Scarborough stated a lot more is needed if the Space Program is to be preserved for the Country. 

 

Commissioner Voltz stated that is why she suggested maybe Mr. Solid and Mr. Heard know someone in Washington D.C. who can help the Board do what it needs to do to make sure there are not thousands of layoffs in Brevard County.  She stated members of the Commission go to Washington as a delegation, along with the EDC and the Chamber of Commerce, and it is appreciated in Washington that they go there not just when something is wanted; everyone comes together as a community, including the Chambers, the EDC, the Board of County Commissioners, and the business community; and the business community is looking to make sure their businesses continue growing, because when the Space Shuttle goes away and several thousand people are laid off, it will affect everybody from Publix to Wal-Mart to Lowes to Home Depot and small businesses all over the community.  She stated it was a blessing that she and Commissioners Colon and Bolin were able to go to Washington and request those issues for the community and let Washington leaders know how important Brevard County is; and it was a great time of unity for Brevard County in Washington D.C.

 

Commissioner Bolin stated she agrees with everything that has been said so far; she found it was enlightening to see people eye to eye, see the concern they have, and for them to see the concern the Commission has; and the lawmakers were impressed the Commissioners were there, and that it continues to be strong to discuss things not just when in crisis mode.  She stated she was educated on the trip on how huge the problem is; it is not that Brevard County is working in a vacuum anymore; it is a national issue; and she agrees with Commissioner Scarborough 100 percent that the Commission has responsibility in its hands that affects more than just Brevard County.  She noted the Commission spoke with the Coast Guard about the Homeland Security issues; she would concur that this should be continuous; and the Commission gained a lot, it made its point, and it was a tremendous trip for everyone.

 

Chairperson Colon stated when the Commission met with the Space Commercial Transportation folks, it was very clear the competition throughout the nation is huge; the Commission did a lot of hard work in trying to get the kind of legislation to make sure it focuses on Space Commercial Transportation; and it was critical to realize the competition is enormous.  She stated it was kind of hard to swallow the fact that the Board was lobbying and pushing for it, but Texas, Alabama, and so many states and also lobbying for it; and inquired what can Brevard County to do be able entice the businesses to look at Brevard County. She stated the infrastructure and workforce are already in Brevard County; and one of the things the Commission was told in Washington was to stay involved, and to have a champion in Washington to keep an eye on the issue.  She commented on the private sector being a key component and how it partners with NASA and other entities.  She stated it was clear to the Coast Guard that after September 11^th, it has completely changed; the Coast Guard was not under Homeland Security and now it is; and it is critical for Florida to protect its borders when it comes to Cape Canaveral.  She commented on the vulnerability of Cape Canaveral and Brevard   County   law   enforcement    working   with  the   Coast   Guard.    She  stated another component touched on was in regard to the community rallying behind the citizens in the Reserves; and it affects Brevard County with those that are going so proudly to serve the nation.  Chairperson Colon commented on what a community’s citizens do for each other when suddenly a businessman or businesswoman gets called to active duty in the Reserves; and how they are being protected.  She stated the local lawmakers in Washington inquired what Brevard County is doing as a community to support the men and women’s families who are left behind and who need support.  

 

 

Commissioner Nelson passed out information to the Board that was given to the Legislative Delegation.  He noted the issue in Tallahassee is that the Legislature is struggling with the issue of how to deal with property taxes, in particular the circumstances of the inequities in the taxing system; and the point he made to the Budget and Policy Committee of the House is that the system is broken, and everybody agrees that it is not working.  He noted the concern is that it is moving so rapidly, they are not looking at all of the potential impacts to the local governments; there were many local governments represented in Tallahassee that also spoke; and it was suggested that the process needs to slow down; and become more deliberate in how it deals with the issue.  He stated it was also that the Cities and the Counties participate in the process, because right now there is no shortage of ideas on how to fix it, but there is no consensus.  He stated one thing that was troubling was that there does not seem to be an effort to bring the Counties and Cities to the discussion on how to fix it; and as a result, it has almost turned to the point that they are critical of the Counties and Cities on how they have spent the money as property values were going up.  He advised apparently there are Counties that have not rolled back or reduced their budgets; they just kept collecting at the higher rates and generated a lot of extra dollars; and now they are being criticized for it.  He stated Brevard County, over the last five years, has actually rolled its millage back 1.5 mils at the time when the property values were going up; in addition, most Counties are not faced with a 10 percent revenue cap the way Brevard County is; and as a result, Brevard County has been fiscally conservative, although it is being thrown into the same grouping as those who abused the system.  He stated it was helpful that he was able to meet with each of the Legislators individually; and a lot of them did not understand Brevard County had been fiscally conservative.  He noted one other point he was able to make was that Brevard County has voted millages which impact the calculations that are being made in Tallahassee; right now, it is projected that House Bill 7001 would roll back taxes by $73 million out of $250 million; and the representative from Hillsborough County stated that was only 6 percent of the total billion dollar budget; but it is an actual 30 percent cut of the revenue.  He commented the Sheriff’s budget has gone up almost $30 million since 9/11; that represents a 40 percent increase; the previous Commission has been wise in where the dollars have been spent, because law enforcement and the jails are in need; and he pointed out that prisoners are being housed in tents.  He stated another point he attempted to make was that the 3 percent cap that has been discussed may not be appropriate for governments because they are using CPI which is bread and milk instead of concrete and steel; and at least with the Delegation there seemed to be some movement forward to understand that 3 percent may be more appropriate.  He noted the Senate is not supportive of where the Legislation is going, but the one  consistent  theme  is that something is  going to happen, and there is going to be some reduction of some amount.  He stated the problem is no one knows how much it is going to be; and there has been some discussion of not rolling back all the way to 2000,  but  to some other year.   Commissioner Nelson noted  the  Legislature is struggling; it is a tough issue, but penalizing Counties and Cities does not seem to be the right approach to take; and many of the cuts would do just that.  He expressed appreciation to Assistant County Manager Stockton Whitten and Budget Director Dennis Rogero for putting the information together for him to present to the Legislature.  He also thanked his aide, Liz Alward, Legislative Coordinator Leigh Holt, and Lobbyist John Thrasher, who got him into doors that he could not have gotten into by being a County Commissioner. 

 

Commissioner Scarborough stated in looking at the handout, the Aggregate Operating Millage was reduced from 7.4 mills to 5.9 mills and Commissioner Nelson mentioned it would be about 1.5 mills; and it looks like a 20 percent reduction in millage rate.  He stated at the Budget Workshop the Board talked about what it may need to do if it sees some things coming down that would negatively impact the budget this year; and that is why the Board was going to meet on Thursday, so it will have some kind of way to respond; and the cancelling of that meeting implies to him that the Board still does not know enough to respond.  He inquired of Mr. Whitten if he has any feeling where the Board might be with next year’s budget.

 

Assistant County Manager Stockton Whitten stated in response to the Board’s direction, staff surveyed the Counties it normally compares itself to, and they were just as Brevard is, waiting for things to happen; and by delaying the Workshop it gives the Board more time to see if there are going to be some actions.  He stated staff does not know what the valuations are going to look like; it certainly does not know what is going to happen in Tallahassee; and now more than ever, staff has less of a feel for what is going to happen next year than it has in at least 13 years, so there is an uncertainty in the air. 

 

Commissioner Scarborough stated it is always uncertain until the Board gets information after it comes back in July.  He stated he knows Mr. Whitten has taken an initial stab at putting together things the Board can do to respond, such as a hiring freeze or delaying purchases; he thinks it would be wise for the Board to prepare and call other Counties and put together programs on how the Board can respond to these dynamics; the Board will have April and May to work with staff before going away in June; and it sounds like it is going to be fairly tight in what the Board finds out from Tallahassee.

 

Commissioner Nelson there are six weeks left; Mr. Thrasher suggested after their break, which is just after Easter, that it would be a good time to come back; and that is when they are going to have to get down to the nitty gritty.  Commissioner Scarborough stated one option was hiring freezes, unless the County Manager or the Board authorizes it, and wage freezes among other things; if the  Board does not respond in a timely manner, it will get locked into certain

things that can be dangerous later on; and the Board needs additional information so it is as fully prepared as possible.

 

Commissioner Nelson stated it is difficult right now because the Senate is not supportive of the two and a half-cent sales tax; but if they came up with another number to replace some of the revenue, then that number could swing wildly; and it could literally replace $30 million of the $74

million loss.  He stated it is impossible at this point in time to have any idea; and he thinks the Board can be fiscally conservative, but the numbers they are talking about go well beyond hiring freezes.   Commissioner Nelson noted  Jacksonville  did  an  advertisement  in  the  newspaper; it took the number that the House was going to cut and advertised exactly what those cuts would entail; and they were talking about closure of libraries, reduction of hours in parks, and other things, to let their citizens know what will happen if there is that level of cut.  He stated 30 Counties got a free pass because they are considered hardship counties because it will trigger the 10-mill cap.

 

Chairperson Colon stated before the Board had its last workshop, it was under the impression there was going to be a decision made within the last two weeks; the only reason the Board was going to reschedule Thursday’s workshop was because it thought there would be information that would be coming back within the last two weeks; and inquired if it is now going to be six weeks before anything is heard from the State.  Commissioner Nelson responded the window the State is looking at is just after Easter, although it could change; there is no guidance anyone can give the Board on where to go at this point; and the State is even considering changing the way property is valued.  He advised he would feel comfortable waiting a little longer because there may be some indication as to the direction; and some ideas are starting to drop out, and others are starting to take hold. 

 

Commissioner Scarborough stated he does not understand the implication of what a hiring freeze means; and Frank Abbate could report to the Board on what the impact of a hiring freeze would be.  He stated the most frustrating thing with budgets is that the Board starts talking about things and in the final hour it talks about things so minute that they would result in one-tenth of a penny impact to the average citizen with their tax bills; and maybe staff could pursue some options.  Commissioner Nelson stated he thinks the Board will be talking about program cuts and not hiring freezes.

 

Chairperson Colon stated she would rather know what the Board is dealing with versus taking up staff’s time; the Legislators not appreciate the increase of the property taxes that went on in the last couple of years; and the Board did not appreciate that kind of a jump.  She stated one of the things the State was going to look at was to make sure there was a cap to that kind of increase, so that someone who was paying $800 in taxes, would not be paying $1,800 in taxes; and there needs to be some kind of break or a cap, because that is not right.  She stated if felt like the attention that was on the high insurance costs, for which the State was being held accountable, went directly to the local governments, and took attention away from the critical problem of insurance, which is still not fixed. 

 

Commissioner Voltz stated the general public needs to know the Board is not against lowering taxes; what it equates to is like the Board saying it is going to cut out 50 percent of the budget people have at home; and that is what the State is doing to the Board, saying it is going to cut out 30 to 40 percent of the County’s budget.  She noted the Board is not saying it does not want to reduce taxes or it does not want something to happen; it is just asking for the State to work with it; the State has the power to do what it can do, but at the same time, it needs to understand the impacts that it is going to have on the County, the same as the County  has to understand the impacts of what it does to its citizens.  Commissioner Voltz stated she wants to make sure the general population understands the Board wants to lower taxes; it is something it has always tried to do; it is the whole Commission that is looking at lowering the taxes; and it tries to do that every year. 

 

Chairperson Colon stated increasing the sales tax is not an answer either; there is even talk of a State tax; and that is also not the answer.  She stated doing away with one, and increasing the taxes on another is not the answer.  She noted unfunded mandates are incredible; the County, not the State, pays for Medicaid; the County’s portion is $4.4 million that the State has demanded from it; for pretrial detention of juveniles, $3 million is asked of Brevard County; for the Courts, $2.8 million is demanded from the County; those things are incomprehensible; and increasing the sales tax is not going to cut it.  She stated the issue has become partisan, Democrats against Republicans, but the taxpayer wants everyone to get their act together.

 

Commissioner Nelson stated he has gotten some emails about not supporting reducing taxes, and that is incorrect, because everyone wants to see the system made fair.  He stated he uses himself as a poster child because over the last five years his taxes have gone down on his home; he is protected by Save Our Homes; in the last ten years, his taxes have only gone up $400; and that piece of the tax law worked for him.  He noted there are many who have not been impacted, but there are so many others who have been hammered by it; and the problem is inequity and that is what needs to be dealt with.  He stated there is a group the Board has not heard from yet, and that is the group that will be impacted by a loss of services for a minimal reduction in taxes because they have been protected; and people are not going to understand what happened.  He noted he is worried about the Legislature’s rush to fix this and creating a fix that is not going to be acceptable to the majority of the citizens.  He stated the school system accounts for 40 percent of the tax bill that people get; the irony is that there is a required local effort component to that; and the School Board has to levy a millage at its maximum or it does not get State dollars. 

 

 

Commissioner Voltz stated she would like to discuss the Florida Avenue extension and the impact fees that have been paid on it. 

 

Mel Scott, Assistant County Manager, stated staff would like to request the Board allow staff to come back for consideration of a glitch amendment to the portion of the Transportation Impact Fee Program that addresses credits due to developers when they finish a construction project the Board has directed.  He noted an unintended circumstance has arisen wherein a developer completed work on a segment of Florida Avenue at the Board’s direction in 2003; staff has not yet been able to reimburse the developer for those improvements because the Impact Fee Credit Program allows reimbursements to occur once the work is done and accepted by the State or County government; but it does not address a circumstance where there might be a City involved in accepting the right-of-way, which is the case for Florida Avenue.  He noted secondly, it allows staff to release the credit to a project once it has been accepted by the County or State and does not allow for the consideration of the County or State or City issuing a Certificate of Completion.  Mr. Scott stated there is a circumstance that a project was directed to be done, has been done, and staff has not been able to reimburse it for years because the City of West Melbourne, which will ultimately be receiving the segment of Florida Avenue is now involved in what will become a protracted effort to secure a small piece of it through eminent domain.  He requested the Board look at the issue at a future date, and stated this is just to receive the direction to move forward.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to direct staff to report to the Board on April 10, 2007 with possible solutions to the glitch in the Impact Fee Program, which is preventing a developer who completed work on the Florida Avenue Extension in West Melbourne in 2003 from getting reimbursed.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated she attended the Town of Malabar’s meeting last Saturday night; many people voiced concern about going along with the MSTU; the Malabar Town Council met last night; as the Board knows, there is a workshop with the Town of Malabar scheduled for Friday night; and unfortunately all of the members work so they are unable to meet at 1:00 p.m. and would like to meet at 7:00 p.m. on Friday, if possible.  She stated the Board also needs to check on the Sheriff’s deadline and when it needs to do his budget. 

 

County Manager Peggy Busacca stated they have missed this year and will be discussing 2008/2009.  Commissioner Voltz stated something has to be done for this year’s budget.  Ms. Busacca stated it is too late for the Town of Malabar to establish an MSTU for 2007/2008; with Commissioner Voltz inquiring when was the deadline.  Ms. Busacca stated the Board is in budget year 2006/2007; it is too late for 2007/2008; and the Board is talking to the Town of Malabar about 2008/2009.  Commissioner Voltz noted that is a long time, and inquired when was the deadline; with Assistant County Manager Stockton Whitten responding it was in November; it has to be on the books prior to January 1^st.  Commissioner Voltz inquired why the Board did not know about this; stated she was unaware that is was November that the Board had to look at the MSTU issue; this has been going on for almost two years; and now it will go on for another two years.  She noted the citizens in the Town of Malabar are now going to be back-taxed four years, and that is not fair to them.  She stated she does not know what the Board can do, but she would like to know why it did not know.

 

Ms. Busacca stated the Sheriff went to the Town Council and told them there were going to be back assessments because of this; each year the Board approves the Town’s tax roll in the November timeframe; that establishes what taxes are going to be on the books for the next budget year; and they have until this year to discuss 2008/2009.  Commissioner Voltz inquired if the Board is giving the Town of Malabar another year to determine if it wants to come into compliance with the MSTU, and stated she does not think that is right; the decision needs to be made; and the Town of Malabar has gotten away with it long enough. 

Mr. Whitten stated the participation in the MSTU is voluntary on the part of the Town; regardless if the Board knows something has to be on the tax roll by January 1^st, there is nothing that can be done  about  the fact that  they may  or  may not participate;  and the issue  lies  with the Town and  its

voluntary participation via an amended ordinance, or an ordinance participating in the MSTU.  Commissioner Voltz stated she understands that, but the Town of Malabar stated it had up until April to decide whether or not it wants to be on this tax roll; and the Town knows they have to make some sort of decision. 

 

Ms. Busacca stated when the Board discussed this in August, the Mayor of the Town of Malabar said there would be a straw ballot in November; had the Town Council moved forward after that. it would have had time to put that into place in November after the election; when it did not, that opportunity was missed; and the April 4^th deadline is for the Conflict Resolution, which was 50 days from the date that the Board wrote the letter.  She noted when the Town of Malabar did not make the decision after the November 2007 deadline, then that year was gone.

 

Commissioner Voltz inquired if the Town of Malabar knew that was the timeframe; and that it was right after the election when it absolutely had to make a decision on this issue; with Ms. Busacca responding it is State law, and she can only assume the Town Council knows that.  Commissioner Voltz stated there is no other time to meet other than Friday.  Ms. Busacca stated the Board could choose to extend the 50-day deadline, now that it is clear the Town is not going to make this tax year anyway; and inquired if all the Board has to do is extend the deadline.  County Attorney Scott Knox stated both parties would have to agree to that.  Commissioner Voltz stated the issue is not so much extending the deadline as it is giving the Town more and more time to make a decision; it needs to make a decision and the more time the Board gives it, the longer it is going to take for the Town to make a decision.

 

Ms. Busacca stated if Friday evening does not work for the Commission, she needs Board direction as to what to do next.  Chairperson Colon stated with today being Tuesday, it is not enough notice; and inquired if an evening meeting would work in the second week of April.  Commissioner Voltz stated she will be back in town on April 5^th for the Zoning meeting; and it would be the week after the 5^th.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to extend the 50-day deadline another 30-days for the Town of Malabar concerning the Law Enforcement MSTU.  Motion carried and ordered unanimously.

Chairperson Colon stated the Board is looking at an evening workshop the second week of April to make sure that it is able to be attended by the Town of Malabar City Council.  Commissioner Voltz stated she understood from the Town’s meeting the other night that the only other two dates available were this Friday night and April 16^th, but on April 16^th, she is having a community leaders’ meeting in South Melbourne, so she is unable to attend a meeting on that date; and if it is at all possible to hold the meeting Friday night, it would be better. 

 

Discussion ensued on which Commissioners could attend a meeting on Friday evening with the Town of Malabar.  A consensus was reached that the Board of County Commissioners could meet with the Town of Malabar on Friday at 7:00 p.m. in the Florida Room.  Chairperson Colon stated before the end of the meeting, the Commission needs to confirm that the majority of the Town of Malabar City Council will be able to attend the meeting. 

 

Commissioner Nelson stated it is his understanding that the Town of Malabar can contract with the Sheriff’s Office; it does not have to have the MSTU; it is a convenience, and for the actual payment of the service the residents can tax themselves, and it will show on their tax bill to pay for that service.  Commissioner Voltz stated that is what needs to be worked out.  Chairperson Colon inquired if the Sheriff will be notified of Friday’s meeting; and stated he is a key player in the issue, and if he cannot be there, the meeting will not be very productive.

 

Commissioner Voltz requested to table Item III.A.5., Authorize Chairperson to Sign Letter to DCA, Re:  Palm Bay Comprehensive Plan Amendments, to the April 10, 2007 meeting.  County Manager Peggy Busacca stated Mr. Scott and Mr. Feldman have talked and Mr. Feldman misunderstood the letter.  Commissioner Voltz stated she has not had an opportunity to talk to the community about it and she has not had an opportunity to look at the item.  Chairperson Colon inquired if there is a deadline to meet this week; with Mr. Scott responding there is not a deadline.

 

 

Commissioner Bolin advised she attended the Suntree Homeowners Association meeting and many things were discussed; one thing that came up was the Wickham Road Intelligent Transportation System; and she found out the Homeowners Association did not understand what that was.  She noted it is the ability, through cameras, to view intersections to view the flow of traffic and it would probably provide an efficiency from 5 percent to 15 percent in traffic flow on that road from implementing the system; and it is an important item on the Agenda. 

 

Chairperson Colon advised Items III.A.5., III.A.9., III.A.13. will be pulled for discussion from the Consent Agenda.

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to adopt Resolution releasing the Contract dated December 12, 2006 with Country Oaks LLC for the Country Oaks Subdivision.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to adopt Resolution setting forth a schedule establishing maximum fees which may be charged on non-consensual towing of vehicles.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to grant final engineering and preliminary plat approvals for Lake Andrew Drive extension.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to execute Right-of-Way Use Agreement with the Rambling Acres West Homeowners Association, Inc., for installation and maintenance of landscaping and entrance sign improvements within the Rambling Acres Drive right-of-way on the west side of South Carpenter Road in Titusville.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to adopt Resolution terminating the Indian River Isles Maintenance Dredging Municipal Service Benefit Unit which was created by Ordinance 05-07; releasing and terminating any liens created by Resolution 05-070, an Initial Assessment Resolution; and providing an effective date.  Motion carried and ordered unanimously.  

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to execute Consent Agreement with Florida Department of Environmental Protection (FDEP) to  resolve  compliance disputes regarding  the operation of the Sarno Road Landfill and the County’s Central Disposal Facility (CDF).  Motion carried and ordered unanimously. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to execute Interlocal Agreement and County Deeds with the City of Cape Canaveral for the transfer of ownership and maintenance of North Atlantic Avenue between SR A1A and Port Canaveral, Central Boulevard from SR A1A to Ridgewood Avenue, and Ridgewood Avenue from Central Boulevard to Grant Avenue.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to grant permission to advertise public hearing to take place on April 10, 2007, to consider whether it is in the County’s best interest to allow Road and Bridge to perform the construction services for the North Atlantic Avenue and Central Boulevard Intersection Improvement Project.  Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to execute the Locally Funded Agreement and Memorandum of Agreement, and adopt Resolution with the Florida Department of Transportation (FDOT), for the design/build of catwalks in conjunction with the A. Max Brewer Memorial Causeway Bridge Project.  Motion carried and ordered; Commissioner Voltz voted nay. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, approve and designate Census Tract 623 Block Group 4 as a Brevard County Strategy Area for the purpose of affordable housing construction; and authorize the County Manager to sign “Local Government Verification of Qualification as Urban In-Fill Development” certification.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to approve corrected legal description of Munich Property, located on the south side of the east end of Pennsylvania Avenue, in the town of Mims, Brevard County.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to adopt Resolution requesting financial assistance under the Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program for Boating Improvements at the South County Boat Launch Facility; and authorize Interim Parks and Recreation Director to execute FWC’s Standard Grant Agreement and establish grant project budget, if Grant it approved.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to adopt Resolution requesting financial assistance under the FIND Waterways Assistance Program for South County Boat Launch; and authorize Interim Parks and Recreation Director to execute FIND’s Standard Grant Agreement and establish grant project budget, if Grant is approved. 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to adopt Resolution requesting financial assistance under the FIND Waterways Assistance Program for Bair’s Dock Extension Architectural and Engineering Services; authorize the Interim Parks and Recreation Director to execute FIND’s Standard Grant Agreement; execute Project Agreement with the USFWS subject to review and approval of County Attorney and Risk Management; establish a Grant Project Budget; and approve a $5,500 Temporary Loan to the USFWS, if the Grant is approved.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to execute an Addendum to Agreement with County Attorney Scott Knox to provide monthly automobile allowance in the amount of Four Hundred Dollars and No Cents ($400.00) in lieu of providing a County-owned vehicle.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to execute Renewal Agreement with Pauley Management, Inc. for Federal lobbying services.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to appoint Nena Galligan to the Central Brevard Library & Reference Center Advisory Board, with term expiring December 31, 2007; Larry Weber to the Economic Development Commission of the Space Coast, with term expiring December 31, 2007; and Don Darby to the Valkaria Airport Advisory Board, with term expiring December 31, 2007.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to approve the bills and budget changes, as submitted.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to approve using Florida TODAY as the newspaper for legal advertising of the Real and Tangible Property with Delinquent Taxes as provided in Chapter 50, Florida Statutes.  Motion carried and ordered unanimously.

 

 

Chairperson Colon called for the public hearing to consider Ordinance creating Tangle Run Boulevard Purchase and Improvements Municipal Service Benefit Unit. 

 

There being no objection heard, motion was made by Commissioner Scarborough, seconded by Commissioner Bolin, to adopt Ordinance creating the Tangle Run Boulevard Purchase and Improvements Municipal Service Benefit Unit; incorporating the terms and provisions of Chapter 98, Article II, Code of Ordinances of Brevard County, Florida, entitled “Municipal Service Benefit Unit”, to authorize the acquisition and construction of certain Capital Improvements within such improvement area and the imposition of non ad valorem assessments within such improvement area; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon called for the public hearing to consider ordinance for Economic Development Ad Valorem Exemption for Southco Marine, Inc.

 

There being no objection heard, motion was made by Commissioner Scarborough, seconded by Commissioner Bolin, to adopt Ordinance granting an Economic Development Ad Valorem Exemption to Southco Marine, Inc., 501 Haverty Court, Suite E, Rockledge, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Southco Marine, Inc.; providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon called for the public hearing to consider Ordinance amending Chapter 62, Article VI, Section 62-1937, Marinas; Article X, Division 3, Section 62-3661, Definitions; and Section 62-3666, General Provisions, Surface Water Protection.

 

There being no objection heard, motion was made by Commissioner Scarborough, seconded by Commissioner Bolin, to consider ordinance for adoption at the second public hearing to be held on April 5, 2007.  Motion carried and ordered unanimously.

 

 

Chairperson Colon called for the public hearing to consider ordinance amending Chapter 62, Article X, Division 3, Surface Water Protection.

There being no objection heard, motion was made by Commissioner Scarborough, seconded by Commissioner Bolin, to consider ordinance for adoption at the second public hearing to be held on April 5, 2007.  Motion carried and ordered unanimously.

 

  

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to approve President of United Way of Brevard County Robert R. Rains, Community Volunteer Marilyn J. Finney, and Retired Major General Titus Hall as applicants for the Governor to make one appointment to the Children’s Services Council of Brevard County.  Motion carried and ordered unanimously.

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to execute Florida Power and Light Easement for construction, operation, and maintenance of electric utility facilities to Sharpes Community Center.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to authorize the Financial Advisor, Bond Counsel, and Disclosure Counsel to prepare the Bond Authorization Resolution, POS, and related bond documents for the Local Option Fuel Tax Revenue Bonds, Series 2007, for up to $52 million; authorize staff to take necessary steps to extend the expiration date of the Local Option Fuel Tax Ordinance providing for the distribution of revenues

to 2037; and adopt Resolutions authorizing the eligibility of select expenditures related to the acquisition, construction, and reconstruction of certain transportation improvement projects within the County for the Constitutional Fuel Tax Revenue Bonds, Series 2000 and Local Option Fuel Tax Revenue Bonds, Series 2005.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to reject the bid submitted by Community Asphalt Corporation as non-responsive to the submittal requirements of  the  Invitation  to  Bid;  and   award  Bid-3-06-98,   Micco   Road   Sidewalk    and   Intersection Improvements Project to APAC Southeast at $4,651,976.61.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to approve acceptance of State Homeland Security Grant of $69,010; execute Grant Agreement; and authorize the County Manager or her designee to execute the grant and any additional documents or reports required for the grant.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to accept proposed settlement offer from Florida Gas Transmission Company for the acquisition of a utility easement; and authorize the Chairperson to execute the Easement.  Motion carried and ordered unanimously.  

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to authorize Risk Management to pay appellate attorney’s fees awarded to the plaintiffs by order of the Florida Supreme Court in Case SC06-1616.  Motion carried and ordered unanimously.

 

Commissioner Voltz stated the taxes on the parcel are low, and the parcel needs to be revitalized; however, she does not know if creating a redevelopment area for the parcel is a good idea at this budget time when the County is standing to lose millions of dollars through redevelopment with this particular piece of property.  She stated with everything so uncertain with the County right now, another redevelopment agency could potentially cause Brevard County to lose millions of dollars to improve the parcel.  She advised the project is great, but she does  not know if  it should  be  on the  backs  of the taxpayers in  Titusville;  and  she is not going to vote in favor of the redevelopment agency for the Miracle City Mall Community Redevelopment Area. 

 

Chairperson Colon stated she thinks the project is exciting for the community; a lot of hard work has gone into looking at the issue; and the return investment is going to be incredible when looking at the longer picture.  She advised she hopes this is the beginning of a great future for the City of Titusville.

 

Commissioner Nelson stated he likes the fact that the project is small; it is basically a small parcel; it will create public open space by the water; it is going to treat water that is currently untreated going into the Indian River; and he thinks there are some benefits.  He stated for right now, it is money the County does not get anyway; the incremental improvement is going to occur; and in the future it will be good for Titusville, as the area has needed some help, and he likes the size and scope of the project.

 

Commissioner Bolin stated it is exactly what Titusville needs right now; in looking into the future, Titusville needs to be attractive, user-friendly, and a community people want to move to so that diversified businesses will move into the City; and this is one step to achieve that, and she applauds it.

 

Commissioner Scarborough commented on the environmental benefits that reach beyond the property.  He stated the Board needs to address redevelopment agencies as a larger picture; he agrees revenue has been lost; and Merritt Island has a big redevelopment agency, and the question is if that is really a blighted area.  He stated he thinks these are more generic larger questions that Commissioner Voltz raises that the Board needs to address; and it wants to address it with the community’s participation. 

 

Commissioner Voltz stated she can see where the vote is going to go and that is fine; she has seen the project and she has no qualms with the project; it is going to be beneficial to the community; but she is concerned the Board could potentially lose money, and that is what she has a problem with right now.

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to adopt Resolution conferring power to the City of Titusville to create the Miracle City Mall Community Redevelopment Area.  Motion carried and ordered; Commissioner Voltz voted nay. 

 

 

County Manager Peggy Busacca noted a Redevelopment Workshop is scheduled for April 12, 2007 at 1:00 p.m.

 

Susan Canada introduced Cutie to the Board; stated she is from the South Animal Care and Adoption Center; and she knows the Board would rather the Center be an adoption center and not a County Shelter.  She stated she found out about Cutie, but she guesses she was not supposed to find out about her; when she went to the shelter to rescue her she was told by the assistant that a 501(c)(3) would not be good enough because it covered wildlife and not domestic animals.  She noted the group she is with has rescued domestic animals for years and the shelters themselves have called them for exotics and domestic animals.  She stated when she asked to see the dog, to see if she was interested in rescuing her, she was told no, that she was not allowed to; she was told the dog was an owner-turn-in; and finally when she argued why the 501(c)(3) was not good enough, she was told the shelter was being audited and they would not accept a 501(c)(3) for wildlife.  She stated she contacted Clerk of Courts Scott Ellis; he spoke to the shelter and informed them that a 501(c)(3) is good enough; and he told her to write a letter saying she would be responsible for the dog and make sure she was spayed and would send back a copy of the spay certificate.  She noted all of this took approximately a half-hour; it was two and a half hours before she was handed the dog; and when she saw some of the other dogs there she was very concerned.  She noted there was a Pit-bull mix on the adoption side that had been there for a long time; the dog was so depressed it would not even lift its head to look at someone; the dog should have been either humanely euthanized or gone to rescue; and there were other little dogs in the area where Cutie was, and none of them altered at all.  She stated supposedly some were going to rescue, but only one had a sign about rescue; when she asked about another one she was told they were going to rescue or adopted and they were trying to keep them healthier, but yet some of the cards were folded and none of them said adopt or rescue.  She noted later, while waiting there, she saw a Doberman approximately 10-months old; the dog looked like a pure Doberman; a couple had been there for an hour and a half to see it; and they were finally able to see it, but it was not one that the general public would have known was there.  She stated she is very concerned as to what is going on at the shelter; she has found out since then there have been some of the small and altered breeds that are missing; and she wishes the Board would look into it.  She stated she feels there are major concerns with what is happening at the shelter.

 

 

Mark Soliman stated since last year he has been working on a security concept that can tie into the ITS system; he met with Transportation Engineering Director John Denninghoff in December; since then, he has been through databases of license holders and license usages; and he met with Chris Hall, who has believed in the concept from the beginning.  He noted he has also spoken to a radar expert about which frequency would best serve with less noise; he has applied for a patent; he has an attorney looking into the usage of the frequencies, which is now getting into the procurement process; and he also met with Brevard County, Volusia County, and Orange County.  Mr. Soliman stated he is actively working and spending a lot of money on putting this concept together; it starts with the application of wireless antennas on the traffic posts; and the antennas would save on this example of a seven mile stretch with 14 lights.  He advised at $20 per-foot, they are looking at approximately $750,000 to dig and install fiber lines;  he is  asking the  Board  to  ask  its  staff  to  consider the  application of the wireless antennas; and his initial estimates come out to approximately $150,000 for 14 lights.  He stated he is not asking the Board to stop the project or the grant, but to consider taking the extra $600,000 that the Board can save and applying it to other areas in the County.  He advised he is working on identifying sensors that could work with the system to detect ocean-going containers that have high density levels; and he is also going to meet with a company that specializes  in the tracking of ocean-going containers.  He noted another benefit the system can offer the ITS System is to make it a fully integrated system with emergency vehicles; and an ambulance could go down the road and never see a red light.  He stated he is bringing the issue to the attention to FDOT and the Department of Homeland Security; he could create a large public project to cover regions of the U.S. and have different companies handle different regions; and his goal is to get it up and running as soon as possible.  He commented on the business model he is working on which, after maturity, shows a $10 million revenue stream to the government as well as a capital investment and private entity connection.

 

Christopher Hall stated Mr. Soliman came to him with a system he is in the process of putting together for his project.  He commented on the cost of $20 per-foot to trench fiber in seven miles and 14 traffic lights, which would amount to approximately $739,000.  He stated with the current 4.9-GHz span, there is 50-MHz of spectrum available for government and public service use, and it is free for the asking to County governments; and that is more than the local cellular companies get.  He stated transceivers could be put on every one of those traffic lights in the seven mile stretch at a cost of approximately $150,000; and if the Board chose to put in a network of this type, it would have the option of being able to expand it to a Countywide network for other purposes, such as communication between patrol cars, fire engines, and ambulances.  He advised it could be a good use of funds, and perhaps the Wickham Road Project would be a good test.

 

Chairperson Colon inquired if Mr. Soliman and Mr. Hall have met with staff.  Mr. Hall stated he has not met with staff, but Mr. Soliman has met with staff.

 

Commissioner Bolin stated she would like to applaud thinking out of the box.  She noted what concerns her is that the technology is in the infancy state; Mr. Soliman has not gotten the patent yet and there are a lot of what-ifs; and on Wickham Road, the Board needs help now.  She stated she would defer to staff for information on the conversation with Mr. Soliman.

 

John Denninghoff, Transportation Engineering Director, stated he has met with Mr. Soliman; stated Mr. Soliman’s project is something that has a lot of potential, and he thinks it has capabilities of doing many of the things which have been represented to the Board.  He noted the biggest issue  he  has is the  time associated with moving it forward would have the effect of

delaying the ITS on Wickham Road; staff is at the 90-plus percent design stage for the ITS System with the fiber cable; and he agrees that it is expensive.  Mr. Denninghoff stated if it becomes apparent that the County can easily, and without delay to the project, move forward in a different direction, then they can go that way if it makes sufficient sense to go there. 

John Sellers, Information Technology Director, stated Mr. Soliman’s overall concept is great; right now, the timing is a little off because there is a significant learning curve with the technology Mr. Soliman is talking about; and he is not certain the frequencies Mr. Hall has mentioned have been done.  He stated stopping this particular project right now, re-engineering, and using Wickham Road as a learning curve has a significant level of risk associated with it; and the ideas for the future are certainly worth considering. 

 

Mr. Denninghoff stated moving forward with the Wickham Road Project does not preclude the County from moving forward with newer types of technology for other projects as the ITS System grows; and it can grow in a way that would utilize the facilities that would be installed at this point.

 

Chairperson Colon stated she would like to encourage Mr. Soliman and Mr. Hall to stay in touch with the Board on future projects.

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant permission to bid for the implementation of the Wickham Road Intelligent Transportation System (ITS) and award the lowest responsible bidder; authorize the Chairperson to execute the contracts; and approve staff applying for a Transportation, Community, and System Preservation (TCSP) Program grant through the Federal Highway Administration (FHWA) for the ITS project.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough commented on school impact fee discussions between the School Board and the Board of County Commissioners and how the discretion worked between the two entities.

 

Steve Swanke, Planning Manger, stated Brevard is the first County that has made an award of school impact fees to a charter school.

 

Commissioner Scarborough stated several months ago the Board took action to approve the educational impact for only educational impact fees collected from non-residential developments in Bayside Lakes and that they may be paid over to Odyssey Charter School under the terms of the Agreement.  He stated that action tracks essentially where the Board is with impact fee credits; he had previously talked about how impact fees are dealt with and used an example in Titusville in which the developer was spending $2.5 million in improvements and was going to get up to $500,000 in impact fee credits.  He advised with this particular issue, the Board was outside of the school issue; he is moving beyond the school issue to impact fees generally; with impact fees generally, the money was spent and credits were received; and this is what the Board has historically done.  Commissioner Scarborough noted with this particular transaction the Board needs to move beyond Odyssey; it needs to move past the concept of Charter Schools; and it needs to move past the concept of impact fee credits to what it is talking about.  He noted the Board is talking about taking money from the General Fund and lending it to the Impact Fee Fund, and then it is going back out.   He  stated the other issue the Board needs to address is that the Board has an internal policy of internal interests.  He noted the Board does not know how fast it would be paid back; but as a matter of interest he took the last six months and that came out to average about $7,500; and it would take approximately 14 years to pay back a million dollars, at a short-term interest rate of 5.35 percent. He stated if things picked up, it could be different, but there could be as much as the forgiveness of $400,000 to $500,000 that would be contrary to Board policy, and not to the outside entity but between the General Fund and Impact Fee Fund.  He inquired if the Board wants to get in the process of lending money to external entities interest free; and what the Board knows about the capacity to have the loan repaid.  He noted General Funds are leaving the County and questions are being raised.  He stated he felt good about moving the Agreement with the County and the School Board; and inquired if impact fee credits are allowed in anything else, then why not in education.  He advised the best thing for the Board to do is to keep the current Agreement intact, as money is collected, it is theirs, but they should not take any monies from General Revenue Reserves until the Board has a better handle on the budget and fully understands the impact. 

 

Chairperson Colon stated the Board had concerns that this was all new to everyone, as it is uncharted territories; and when Representative Thad Altman put this legislation together it was specifically to make sure there were mechanisms to be able to make this happen.  She stated questions are going to come up, especially now that the Board is hearing about budgets; and one issue touched upon at the School Board meeting was the concern of what it does to the School Board with anyone coming behind them and opening a Pandora’s box with this particular issue.  She noted it was a key issue with the School Board when it said it was not going to do it for anybody else; this was difficult because it is uncharted territory; and therefore all the questions being raised must be asked.

 

Mr. Swanke stated the impact fee was adopted in October 2004; in the first two years of the program, the County collected approximately one-half million dollars; during that time a large part of the development that occurred in the County was exempt from the impact fee payments due to outstanding sales contracts that were entered into prior to the effective date of the Impact Fee Ordinance; and there is also a period of time where residential construction throughout the County, and within Bayside Lakes as well, has declined.  He stated it is difficult for him to predict how long it will take to recover a million dollars within the Bayside Lakes development.

 

Chairperson Colon inquired how much has been given to the School Board since the impact fee was implemented; with Mr. Swanke responding approximately $20 million so far; and the County is about to make a payment of $11 million that the Board authorized on February 20, 2007.  Chairperson Colon inquired if that is on top of the $20 million or if it is part of it; with Mr. Swanke responding that is part of the $20 million; there have been two prior payments made to the School Board and the total is approximately $20 million; only $8.5 million was collected in the  first  fiscal  year  of  the  program  due to the exemptions that were granted; and the second

year, $22 million or more was collected, so approximately $30 million has been collected so far and there is still money in the bank. 

 

Commissioner Voltz stated she is concerned about the budget as well; when the Board voted a few   weeks   ago,   it was  not aware  of what was going  on with  the State; however, the Board

promised the kids at Odyssey it would build a cafeteria and library; and she does not think, at this point, taking away the money is something she would choose to do.  She advised she will support going forward with the money.

 

County Manager Peggy Busacca stated Douglas Marks sent a letter to her and it has to do with liens; there is an explanation of the liens in the letter; and Mr. Marks asked that the letter be distributed to the Board.

 

Commissioner Scarborough stated the issue is unique, as it is new ground; he has never taken money and lent it out related to impact fees in advance; and Mr. Scott has asked if it is fair for someone to have spent money a couple of years ago and not to be able to recapture it because the City had not sealed the project.  He stated that money had been spent; it is General Revenue money; it is not anything comparable to what Titusville was doing because Titusville was freezing the millage; and it was only the increased revenue after the development which could have gone back in and been bonded to put the infrastructure to help even the Lagoon environmental.  He stated there was no loss of money; it was just not potentially getting money that could have been developed; and this is money that has been collected that is available for the Commission to spend on many things.  He noted the Board passed something he thinks was perfectly in line with the Board’s prior policies; and that action stated, “only Educational Impact Fees collected from new construction.” 

 

Commissioner Voltz inquired when that action was taken; with Commissioner Scarborough responding it was during the February 6^th meeting.

 

Mr. Swanke stated it was the Duke Realty Credit Agreement.  Commissioner Scarborough stated it was the Bayside Lakes Agreement the Board entered into previously; he understood the Clerk was approached to issue a check for $1.5 million; and when the Clerk reviewed the Board’s action, it was that it was only as collected.

 

Commissioner Voltz stated she does not think that was what the Board decided at that meeting.  Commissioner Scarborough stated he did not ever vote on any loans of a million dollars. 

 

County Attorney Scott Knox stated the Agreement the County has with Bayside Lakes provides for payment upon presentation of invoices.  He stated the Board is going to advance money to that account so they can be paid as they continue to build out; it is not a loan, they are going to be reimbursed for what they actually do; and it is a loan from the General Fund to the Impact Fee Account.

 

Commissioner Scarborough stated he has something called an Interdepartmental Fund Loan Educational Impact Fee Program and it refers to the million dollars.  He stated there are two transactions, one from the General Fund to the Impact Fee and one from the Impact Fee out. Mr. Knox stated it is not a loan to Odyssey; it is a payment to Odyssey for something they have come in and actually proven they built; and that is the difference.

 

Commissioner Scarborough stated his point is the money goes to them now; and the money is not paid back until impact fees are collected.  Mr. Knox stated that is correct.  Commissioner Scarborough stated the Board has never done that before; the Board is walking on new ground; and in his checking around the State, no other County has ever done this.

 

Commissioner Voltz stated this is the first time any County has given impact fee money to a Charter School; with Commissioner Scarborough responding he is not talking about charter schools, he is talking about any money going out rather than a credit after the fact.  He stated what the Board did with the School Board was good, but this is moving toward a different issue which would allow a developer to come in and pay impact fees later, but he is putting in a road for a public purpose, and that is what the Attorney General’s opinion says. 

 

Mr. Knox stated this is a discretionary program for the Board; the Charter School Impact Fees are given at the Board’s discretion; and it is not precedent setting in the sense that the Board does not have to do this again if it does not want to.

 

Commissioner Voltz stated she understands Bayside Lakes is going to be built out within the next few years, so the Board is not looking at 14 years.  Chairperson Colon stated the numbers are not based on the growth in that area; with Commissioner Voltz responding affirmatively.

 

Commissioner Nelson inquired if other impact fees can be used to pay this, as opposed to General Fund; with Mr. Knox responding the County presented the program to the Attorney General, where there is a loan from the General Fund into the Impact Fee Account in order to reimburse Odyssey; and that is what the Attorney General said was okay.  Mr. Knox advised Florida Statute states the Board can fund schools through the School Board, but the Attorney General blessed this particular approach, and he would not want to stray too much from the approach being discussed.

 

Motion by Commissioner Voltz, seconded by Commissioner Colon, to approve a transfer not to exceed $1,000,000 from the General Fund Operating Reserves to the Impact Fee Program; approve Inter-Departmental/Fund Loan Agreement in accordance with Policy BCC-56; and approve execution of all necessary budget actions.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, Seconded by Commissioner Nelson, to direct that the interest not be forgiven, but that the County policy be followed, and if it is longer than two years, then the interest needs to be recuperated because it is not coming back into the County coffers, but is a loss of revenue.  Motion did no carry; Commissioners Scarborough and Nelson voted aye; Commissioners Voltz, Bolin and Colon voted nay. 

  

John Denninghoff, Transportation Engineering Director, stated his staff has been in contact with the property owners in question; the property owner’s letter states staff has not provided written communication  with  him, and  that  was  true until  recently;  and  the  property owner knew the

County needed the right-of-way.  He stated this is an occasion where the property owners’ Deed goes out into the middle of the road; and the edge of their property is on the crown of the road where the centerline stripe is.  He stated Transportation Engineering needs to add a right turn lane as part of the project; what staff is asking for is necessary to be able to build the project; and under the terms of the Maintenance Statute, the County can go further, but it did not.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution and certify the road, shoulders, swales, and associated drainage appurtances thereto as a County road on the maintenance map for Micco Road to be recorded in a Road Plat Book in the Public Records of Brevard County, Florida.  Motion carried and ordered unanimously. 

 

 

*Commissioner Voltz’s absence was noted at this time.

P. Anne McDaniel stated she is the owner/applicant and she also resides in the Rosehaven Subdivision.  She stated she needs an ingress/egress easement across Lot 10 of the Rosehaven Subdivision in order to access her 15-acre SEU landlocked parcel in Titusville.  She advised if approved, her 15-acre parcel will be divided into two lots, and she plans to build one house on each lot for a total of two houses on the entire 15-acre parcel.  She noted Lot 10 of Rosehaven will continue to be developed in the manner and for the purpose shown on the Rosehaven plat; it will be developed as a single-family residential lot; and there is nothing on the plat that prohibits an ingress/egress easement.  She stated her easement request is similar to easement requests that have been administratively approved for years up until last month.  She noted her 10-page Agenda attachment lists some of the very similar easement requests that were administratively approved during 2006; some of the approved easements on the list are similar in that the easements were located in a subdivision; and her easement request complies with the County criteria of Section 62-102, the chapter addressing the issuance of building permits for lots accessing public roads through ingress/egress easement.  She noted the parcel is of unique dimension and character, such that direct access by abutting on a public street is not feasible; the parcel cannot be established as a flag lot; the access is at least 25 feet wide; the parent parcel provides at least 40 feet of unencumbered building envelope width; the access will be cleared, graded and maintained; the access is for the exclusive use of the two proposed parcels; and the sum of the parcels served by the easement is greater than five acres in size.  She advised Land Development approved her easement application from its perspective on September 26, 2006, and Zoning approved the easement on October 20, 2006.  She stated the only other thing that was to be done in order for her easement application to be approved was the verification of wetland delineation; it is complete; and Natural Resources has signed off on the application. 

 

Ms. McDaniel stated while she has applied to divide the 15-acre parcel into two lots for the purpose of building a home on each lot, she understands her neighbors remain concerned that she will build a subdivision; she does not want to build a subdivision; however, to allay the neighbors’ fears, she will agree to a condition that she will build no more than two homes on the 15-acre parcel.  She stated she realizes there may be some Board discussion regarding whether this type of easement request should be administratively approved or Board approved in the future; and if that is the case, then she would ask that the Board finish with her item before getting into that particular discussion.  She noted she has met the Code criteria for establishing an easement; Lot 10, Rosehaven will be developed with one house; its principal use will remain unchanged; the ingress/egress easement across Lot 10 will look like a driveway; and the driveway easement on Lot 10 will be shared by Lot 10 and the two houses on the 15-acre parcel.

 

Chairperson Colon inquired if Ms. McDaniel has met with any of her neighbors.  Ms. McDaniel stated she has tried; in the beginning when she decided on putting the two houses on the 15 acres, she talked with a few of the neighbors; there were a lot of concerns that she was going to build a subdivision on the 15-acre parcel; and she told them she was not going to do that.  She stated one of the residents was the original developer and she is very protective and does not want the lot to have an easement across it; and she does not want her to be able to access her land at all.  She advised during a meeting with four or five residents they all said that two houses would be fine with them; soon after, she received a letter from the neighbors with accusations and allegations; and it was as though the previous conversation had not taken place.  She noted her husband responded to the letter and it was hand delivered to every house on the street; rumors continued to persist; and she has tried to talk to them, but things right now are unpleasant.

 

Chairperson Colon inquired how Ms. McDaniel proposes to divide the 15 acres.  Ms. McDaniel stated she is proposing to divide the 15-acre tract into two parcels of approximately seven and one-half acres each per home.  She advised she needs an ingress/egress easement across Lot 10 of Rosehaven in order to access the 15 acres; every house on the street has a driveway, and some have two driveways; and this easement will not look any different from any other driveway. 

 

Chairperson Colon inquired if Commissioner Scarborough has met with the residents of Rosehaven Subdivision; with Commissioner Scarborough responding there were some initial meetings, but as this meeting approached Ms. McDaniel contacted the Count Attorney’s Office and the County Attorney advised that since this is proceeding in a quasi judicial setting, there should be no other meetings. 

 

Mike Granatosky stated he lives on Lot 12 in the Rosehaven Subdivision,  which is one lot away from Lot 10.  He stated it was one year ago in March that he learned the intentions of the Spanglers; the Spanglers informed him they purchased the woods behind his house, which is 30 acres, and at a very low cost; and the Spanglers also stated they intended to develop the land at a gain, and that they had already received an offer for over $1 million.  He noted the Spanglers also told him they bought Lot 10 and planned to access the 30 acres through Lot 10. 

He stated when he heard the news his heart dropped; one of the reasons he decided to live in Rosehaven is the view from his backyard of the beautiful woods; he bought his house with the understanding that the 30 acres was preserved wetlands and that it was a reserve reservoir for the waterfall of the nearby neighborhoods; and more importantly, he bought in Rosehaven for the subdivision itself.  He stated on one end of the street is a cul-de-sac and on the other end is a sign that says dead end.  He commented that he and his family used to live on a through street, and his family witnessed the tragic death of a family pet that was hit by a speeding car; and hearing the news of an access way through the cul-de-sac brought back bad memories.  He advised Mr. Spangler bulldozed from the cul-de-sac through Lot 10, through the protected wetlands, and through the reserve; and that also brought on bad memories.  He commented on hearing many different plans for the 30-acre property.  He asked the Board to protect the residents of Rosehaven Subdivision from the powerful land developers who will develop the woods, and to protect the children who play in the street from the increased traffic as the result of an access-way at the end of a cul de sac. 

 

The Board recessed at 12:52p.m. and reconvened at 1:29 p.m.

 

Rose Arnold submitted a petition signed by the residents of Rosehaven Subdivision.  She advised she and C.J.  Arnold are  the original developers  of  the  subdivision;  it  is  a  deed restricted community; and she and the other neighbors wish to remain with the restrictions in place.  She stated she understands the Board cannot enforce deed restrictions since it is a civil matter; however, she would like to request the Board take it into consideration when it rules on the matter.  She noted Rosehaven and Beacon Hills both have drainage easements to drain into Silver Lake; if Mr. Spangler and Ms. McDaniel, who are both attorneys, are allowed to do what they wish to do, there will be no drainage; and there are supposed to be 40-foot swales, but they are gone.  She stated Silver Lake is not supposed to function as a drainage lake due to Mr. Spangler’s repeated use of land clearing with heavy equipment; and requested the Board to not allow Mr. Spangler and his wife the requested easements.

 

Commissioner Nelson inquired if Ms. Arnold stated the swale has disappeared behind Lot 11; with Ms. Arnold responding affirmatively.  Commissioner Nelson inquired how that happened; with Ms. Arnold responding it is all flat land now; during the last 11 months Mr. Spangler has had heavy duty equipment on the property; and he has done land clearing without permits on the wetlands. 

 

Chairperson Colon inquired who the 30-acre property belonged to when Ms. Arnold developed the subdivision; with Ms. Arnold responding the parcels belonged to two women.  Chairperson Colon inquired how the property was sold to the two women; with Ms. Arnold responding she does not know because she did not have anything to do with that parcel.

 

Michael Myjak stated he is representing the homeowners of the Rambling Acres Subdivision, which is on the south side of Silver Lake.  He stated he has a deed restriction that indicates residents in  Rambling  Acres  are guaranteed the rights of ingress and egress for boating, bathing, and fishing in Silver Lake; and he bought his land understanding the access was permanent  and  would  stay  that way.   He noted  Lot 9 is where Ms. McDaniel wants to cut the

roadway through into their 50-foot easement that they are asking for, into what is Silver Lake.  Mr. Myjak stated when Rosehaven Subdivision was first being developed in 1978, they needed to verify that the owner of Silver Lake would give permission to use the lake as outfall; there was no other place for stormwater management at that time; in May 1978, the developers had to acquire right-of-way across their land from the City of Titusville because the City developed Beacon Hills, and Beacon Hills drained entirely into Silver Lake.  He advised in May 1995, they had to ask the Board for a special waiver for water control for drainage and right-of-way easements; it was approved provided the special drainage easements added proper restrictions which would be placed in the record for the maintenance of those easements, and that apparently has not happened.  He stated he has a memorandum from 1982 from the City of Titusville indicating that with the exception of two lots in the Beacon Hills Subdivision, the entire drainage of the whole subdivision goes into Silver Lake.  He commented on a meeting in 1982 between the County and concerned parties because there was a difficulty with the development because there was no outfall; they wanted to make sure Silver Lake did not cause the homes to flood; and they added that protection should be shown on Lot 8 so that the person who bought it would know what to expect.  He noted on the topographical map it is clear the 100-year floodplain in that area is right at the 25-foot elevation mark, and half of Lot 8 is below that already.  He stated a special waiver was going to be required, bypassing subdivision Ordinance 78-09 dealing with the outfall requirements that Silver Lake be recognized as an impoundment reservoir.  He stated the Board approved the Rosehaven development subject to the condition that Silver Lake be recognized as an impoundment reservoir; in the meeting prior to that, there was discussion raised that the people who owned it would need to sign off on it because the land would now be completely landlocked; it indicates from the original owner that they were to have access rights to the lake, and the lake went right up behind Lots 10 and 11.  He noted he does not have the original document that said the owner agreed to the property being landlocked, but he does have indications from some of the blueprints that it was designated as a fishing and boating area and was to remain as such.  He stated on the original drawing the surveyor indicated they did not do a title search or determine if any easements or right-of-way pre-existed on the parcel; the surveyor identified the legal description directly from the plat book; they did not identify any underground utilities or improvements that had already been located; and yet those are clearly marked on the plat book.  He stated it was his understanding and the understanding of others that the land in question was not going to be developed; it was purchased by two ladies as mitigation for wetlands that were being developed elsewhere; and now the heirs have sold it and information did not come forward from the sale of the land.  He stated per Section 62-2897, he would request the Board deny the request for an easement.

 

Jack Bergquist stated there was a neighborhood meeting, the neighbors shared their concern with Mr. Spangler and Ms. McDaniel, and they responded by letter.  He stated one concern is that approximately one year ago there was a neighborhood party and Jerry Spangler proudly announced to several people that he had bought Lot 10 and the approximately 36 acres behind it; the announcement caused great concern for those living in the area; and the neighbors responded by letter to Mr. Spangler.  He stated when Mr. Spangler realized the neighbors  were  not thrilled  with  the concept  of  developing the subject property, Mr. Spangler told them he turned down the $1 million deal and that he only wanted to build an 8,000 square-foot home for himself and another house for his daughter.  Mr. Bergquist noted two or three months after that conversation an advertisement was found on the Internet that appeared to be Mr. Spangler’s property; and Mr. Spangler’s response letter to the neighbors was a threat to annex his property to the City if the neighbors hassled him.  He stated Mr. Spangler listed several items which he perceived as Code violations; subsequently most of the items were addressed anonymously; Code inspectors came to the neighborhood and cited several neighbors; and he personally had a Code inspector look at his boats in the back of his house, but there was no violation.  He noted he also had a Property Appraiser knock on his door who wanted to measure his back screen porch that was destroyed in the hurricane and has since been rebuilt.  He stated the neighbors have a hard time believing Mr. Spangler is going to only develop two parcels for him and his family; and requested the Board deny the access. 

 

Anne Bergquist stated she is against any road going through Lot 10; it is a small lot at .66 acre; it only has 60 feet of frontage; there are three existing easements on the property; the east easement is 20 feet for the outflow drainage from a culvert; on the south side of Lot 10 is a 40-foot swale for drainage; and there is a 7.5 foot Public Utility and Drainage easement on the west side of Lot 10.  She stated her lot is bordered on the east by Lot 10 and the south by Parcel 752, which is in the Silver Lake basin; her survey shows Silver Lake coming within a few feet of her lot and Lots 11 and 12; and the requested easements are for unauthorized roads that are existing now, which Mr. Spangler and Ms. McDaniel established one year ago.  She stated the changes have already altered the drainage flow; and Lots 11 and 12 are in greater danger of flooding.  She stated the neighbors are also concerned that the survey Mr. Spangler submitted is not accurate; it shows the unauthorized road that separates the wetlands; this was a violation and it was restored as per the St. John’s River Water Management District; and the survey should show the correction.  She showed the Board a picture she took over her back fence that shows dirt, water, and sod that was planted; and stated any elevation to the property puts the other residents at risk.  She stated she does not want her home and her neighbors’ homes to be flooded; the majority of homes in the community are 4,000 square feet and above; the most important thing to remember is that the property is a drainage basin; the drainage comes from Beacon Hills and it goes through the culvert into Lot 10; all of the water from two communities drains into Silver Lake basin; and the residents do not want it destroyed.

 

Susan Walden stated the McDaniel-Spangler party has never tried to meet with all of the neighbors in Rosehaven; the only thing she has received is a letter from the Spanglers that she thought was very threatening; and that is why she feels there are residents who are afraid to come forward because they have had Code Enforcement called on them.  She noted she had part of a chimney fall off; she called someone to have it fixed; and twice the County was called because she was in violation because she was building a chimney.  She noted she was not building a chimney, and everything was okay, and it was scare tactics by Mr. Spangler.  She stated today is the first time she has ever seen Ms. McDaniel or her husband, Mr. Spangler.  She noted she objects to any changes being made to the platted subdivision of Rosehaven, or any changes made that would affect the drainage from Rosehaven and Beacon Hills.

 

Ms. McDaniel stated Mr. Spangler is not with her today.  She stated the first speaker accused Mr. Spangler of bulldozing the wetlands and that is not true; he did not bulldoze any wetlands; the County has aerials that show the only wetland impacts that have ever taken place were committed between 2003 and February, 2005; and she did not buy the property until May 2005.  She stated the impacts have been resolved; the party who did commit them has resolved those impacts with St. Johns River Water Management District; the land is not all wetlands, but is approximately eight acres of uplands; and somehow the neighbors think it is all wetlands, but it is not.  She stated she is dealing with one 15-acre parcel and not with the parcel that is immediately south that touches Thal Road.  She advised Lot 12 is not going lose its view; the view will be saved because it is all wetlands there; the neighbor who owns Lot 12 is the same neighbor who is concerned about traffic on the road; two weeks ago he had a party on the street and there were 40 cars parked across from each other on the road; and she does not think traffic is a valid concern.  She noted several speakers stated she or her husband created a drive on Lot 10; that is untrue; and aerials prior to when she purchased the land show the path was already there.  She stated she does not know of any drainage problem; there is a drain from Beacon Hills that goes between Lots 11 and 12; she is not going to be affecting the drainage; and she believes when a house is built many County departments are involved and the drainage issues are taken into consideration.  She noted she and her husband are accused of land clearing without permits; that is not true and they did not do that; and the entity who did the land clearing admitted the violation and it is being resolved.  She stated Rosehaven Subdivision was part of Parcel 752 in the beginning; from the original request to rezone the property from SEU to EU, it shows at one time it was all one big parcel; and the Arnolds bought a portion that became Rosehaven.  She stated Silver Lake is south of the subject parcel; she has no plans for developing that; her idea is to build a house for her and her husband and to use Tract B for family fun; she does not know where all of the rumors came from; and there are so many rumors that it is hard to address them all.  She advised no one’s access is going to be changed from Rambling Acres; she is applying for a 25-foot easement, which only allows for the development of two houses; and that is all she is asking for on the entire 15-acre parcel.  She stated the advertisement that was shown to the Board she had not seen until she got a public records request from the County; and she did not write the ad and it is no longer on the Internet.  She stated the survey was corrected several days ago and now shows the area restored is all wetlands.  She stated she has met the criteria stated in the Code; and requested the Board grant the easement.

 

Chairperson Colon inquired how long Ms. McDaniel and Mr. Spangler have owned the property; with Ms. McDaniel responding she bought the property in May 2005.  Chairperson Colon inquired if Ms. McDaniel knew it was landlocked at that point; with Ms. McDaniel responding she knew it was landlocked, but she also knew the Code has a mechanism in Section 62-102 for a lot such as hers to attain access to public roads by means of an easement; she reviewed the criteria for administratively approving the easement and saw that she could meet the criteria; and in her Agenda attachment she listed 12 easements similar to the one she is requesting that were administratively approved in 2006, going through a subdivision to a land that did not have any access. 

 

Commissioner Nelson inquired when Ms. McDaniel bought Lot 10; with Ms. McDaniel responding she purchased Lot 10 in April 2005. 

 

Commissioner Scarborough advised some things have evolved that may help the conversation.  He stated County Manager Peggy Busacca brought to his attention a memorandum from County Attorney Scott Knox to Assistant County Manager Mel Scott, that says the creation of an easement on an existing platted lot may occur by a change in the plat that is treated as a replat under Section 177.0512, the Florida Statute requiring approval by the Board of County Commissioners; and he would like Ed Lyon, Permitting and Enforcement Director, to address that procedure. 

 

Ed Lyon, Permitting and Enforcement Director, stated a replat would go through a normal platting process of the same principal as taking vacant land and platting the first time; the replat process would go through the same public hearings and be reviewed by staff; and then it would go to the Board for consideration.  Commissioner Scarborough inquired if parties who were part of the original plat have a part in the process; with County Attorney Scott Knox responding affirmatively.  Commissioner Scarborough stated he does not think the Board can take any action today; this issue comes back to the impact within the original plat; and inquired if the Board wants to have that type of configuration in an existing neighborhood. 

 

Mr. Knox stated there are a lot of issues tangential to the issue before the Board, which is whether or not it wants to approve a change in the plat that would allow an ingress/egress easement over a particular lot in the subdivision; and that is the only issue the Board really has to consider.  He advised the only issue before the Board is whether the ingress/egress easement is appropriate over the lot. 

 

Commissioner Scarborough stated it appears the request needs to go through the replat process, and that is not this process.  He noted it would be inappropriate for people to assume it is a matter of process because the Board knows from the conversation that it is going to be difficult.  Commissioner Scarborough stated a replat is recorded in the public records and the plat would show the easement over Lot 10 and the parties who have properties within the original plat will have standing as it is discussed.

 

Mr. Knox stated theoretically the Spangler’s could come in with a plat of Lot 10 showing an easement over it, and that would be all they need to do; and the neighbors would be able to protest as they have today.

 

Chairperson Colon stated the Board would have to approve or deny the request today.  Mr. Knox stated if the Board wants to think about whether it is a good idea to have an ingress/egress easement over the portion of the lot because it wants to go back and investigate it, then that is a legitimate reason to postpone the item.  Commissioner Scarborough stated according to Mr. Lyon this is not a replat process.  Mr. Knox stated the Spanglers would probably be well-served to come back with a specific drawing of Lot 10 and ask for a formal replat of that lot if that is what they want to do, but that is not what the Board has done in the past. 

 

Commissioner Scarborough inquired if he moves to deny the request because it is not the place to put an easement, would it preclude the Spanglers from coming back to the Board under the replat process, since this is not a replat process according to Mr. Lyon.  Mr. Knox stated if the Board denies the request today, then it is denied.  Commissioner Scarborough stated he is in support of denial based on Lot 10 not being adequate to support the easement.

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon to deny request of owner of Parcel 752 for an easement to be placed on Lot 10 of Rosehaven Subdivision for driveway access to a 15-acre landlocked property for the purpose of applying for two building permits.  Motion carried and ordered unanimously.  

 

 

Commissioner Bolin inquired who owns Lot 8; with Mr. Granatosky responding the Spanglers and their family own Lots 7, 8, 9, and 10. 

 

Ms. McDaniel stated Lots 8 and 9 are owned by Doris Marlowe; and Ms. Marlowe has no objection to her plan.

 

Commissioner Nelson inquired what is the recourse for a property owner of a landlocked parcel; with Mr. Knox responding there is a Statutory Waiver Necessity which allows a landlocked property owner to come across someone else’s property; but this is not that situation, because Lot 10 is owned by the same party who owns the property behind it.  He advised the issue becomes whether or not there is another way to come across someone else’s property, so they may have to get a Statutory Waiver Necessity through another piece of property. 

 

Commissioner Nelson inquired who violated the wetlands; with Ms. McDaniel responding it was CBS Outdoor, Inc., which is a billboard company.  Commissioner Nelson inquired if CBS Outdoor, Inc. also built the road that goes through Lot 10; with Ms. McDaniel responding it is not a road, it is a drive, and yes, it did, before she purchased it.

 

Commissioner Nelson stated he heard concerns from neighbors about development of more lots; and inquired if two additional lots are the issue, or if 40 additional lots are the issue.  Mr. Granatosky stated the issue for him is the access through Rosehaven Road; and he does not want access through his dead end cul-de-sac. 

 

 

 

Commissioner Bolin stated she received information that the gentlemen who wanted the item discussed have since come to an agreement with the parties involved and withdrew their concerns.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Binding Development Plan with Sun Harbor Investment Group, LLC for property located on the south side of Freeman Lane, approximately 500 feet east of Waelti Drive.  Motion carried and ordered unanimously.  

 

 

Tino Gonzalez, Attorney for Charles Green, stated Mr. Green owns a house on Melbourne Beach; he has owned the house for six years; in the house there is a conforming exterior staircase that goes to the second floor; and when Mr. Green purchased the house there was an existing nonconforming interior staircase in the form of a ship ladder.  He noted in 2004 Mr. Green had some hurricane damage to the house; damage was done to the ship’s ladder, and Mr. Green replaced it with another similarly designed staircase; and somehow it came to the attention of the Code Enforcement Office.  He noted Code Enforcement came to Mr. Green in 2006 and told him he could not have a nonconforming interior staircase in his house because he had some roommates there; and he was told by Code Enforcement to fix the staircase.  He stated Mr. Green sought the advice of engineers in February 2006; he stated because of problems many people were having at the time engineers were very busy; and it is was difficult to meet with them on a timely schedule.  He noted Mr. Green was finally able to meet with an engineer in May, 2006; the engineer told Mr. Green he should buy a pre-manufactured interior staircase; and that is what Mr. Green did.  Mr. Green hired a company called The Iron Shop to build a spiral interior staircase; The Iron Shop wrote a letter stating Mr. Green contacted them on June 16, 2006; the factory was shut down in July, but they first sent Mr. Green a staircase in November 2006; and it was installed in December 2006.  He stated the Code Enforcement fine accrues for Mr. Green from February 20, 2006 until December 2006; and the fine is approximately $6,000.  He noted Mr. Green obtained a building permit for a staircase in April 2006.  He stated Mr. Green did everything he could to reasonably proceed to replace the ladder that existed inside his house from the time that this came to the attention of Code Enforcement; and inquired what is equitable for Mr. Green.  He stated Mr. Green is a law abiding citizen in Brevard County whom he believes has been picked upon by Code Enforcement; no one who lived on the property complained about the ladder; it was not unsightly and no one got hurt; and if the roommates upstairs wanted to use the exterior ladder they could.  He stated it was very difficult to seek professional advice on such a small project when all of the engineers were busy redesigning all of the other houses that were damaged in the hurricanes. 

 

Chairperson Colon inquired when Mr. Green was cited by Code Enforcement the first time.  Charles Green stated he is not sure; he had some issues when he first moved in; he had a dog that got loose and the neighbor who turned him in for the stairwell had issues with the dog; he got those issues resolved; and then the neighbor moved to more complaints with Code Enforcement.

 

Bobby Bowen, Code Enforcement Manager, stated Mr. Green has been before the County Commission in the past regarding the same Code violation.  He stated a year ago Mr. Green appeared before the Board requesting it abate his Code Enforcement fines at that time; and the Board took no action.  Mr. Brown showed the Board the photographic evidence that was used to prove that Mr. Green converted his single-family home into a multi-family use and was in violation of the Code; stated the first floor originally had a spiral staircase which Mr. Green removed; Code Enforcement proved Mr. Green separated the bottom floor from the top floor and his roommates are actually tenants; the people told him they were paying rent to Mr. Green; there was a hole in the floor; and to try to come into compliance, Mr. Green put a ship’s ladder up, which was swinging freely in front of a plate glass window.  He noted if the tenants were roommates they would have to have complete access to all of the common areas of the house, and they did not; the tenant upstairs had moved their bed over the hole to keep from falling through; and in an effort to try to come into compliance, Mr. Green put up a ladder.   He stated Mr. Green is asking the Board to reduce his fine of $6,625.00; the Special Master has already denied Mr. Green’s request for a reduction; and attached to the agenda report is Mr. Green’s Code violation history dating back to 1997.  He commented on tactics by Mr. Green to delay bringing his property into compliance; and advised in the meantime Mr. Green illegally used his property as a multi-family dwelling for as long as he could.  He stated any hardship Mr. Green may have encountered was self-created and self-imposed; and his violation history with the County is further evidence against him. 

 

Teri Jones, Assistant County Attorney, stated Stuart Capps, the Special Magistrate, was keeping a close eye on Mr. Green because of his history with Code Enforcement; Mr. Green was before the Special Magistrate on April 20, 2006 to ask for an extension; the Special Magistrate did not see any diligence on Mr. Green’s part; and the reason Mr. Green gave the Special Magistrate for wanting an extension was to wait until his tenant’s lease was up in May 2006.  She stated Mr. Green did not state in the Special Magistrate hearings that he had appointments with engineers; when the leases expired in May 2006, Mr. Green started action in June 2006; and it was her contention to the Special Magistrate that Mr. Green was waiting to use the property for as long as he could, and as soon his tenants were out, he would go for compliance. 

 

Chairperson Colon stated there would be no action by the Board as this is a citizen’s request.

 

 

Upon motion and vote, the meeting adjourned at 2:24 p.m.

  

 

 

ATTEST:                                                                     ___________________________________

                                                                                    JACKIE COLON, CHAIRPERSON

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)