MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

September 25, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 25, 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, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Pastor John Secret, Community Chapel of Melbourne Beach.

 

 

Commissioner Mary Bolin led the assembly in the Pledge of Allegiance.

 

 

 

Chairperson Colon requested everyone remember the POW’s and MIA’s and keep them and their families in their prayers; and advised of attending a Navy League ceremony.  She commented on the wisdom of seniors. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Minutes the September 4, 2007 Special Meeting.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Voltz stated Melbourne Beach Library Director Frank Harris will not be present; and read aloud a resolution recognizing Mr. Harris upon his retirement for his many years of dedicated service to the County.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt a Resolution recognizing Frank Harris upon his retirement for his many years of loyal and dedicated service to the County.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Nelson stated Easter Buckner of the Traffic Engineering Department will not be present; and read aloud a resolution recognizing Easter Buckner, who will be retiring, for her 28 years of service to the County. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution commending Easter Buckner for 28 years of dedicated service to the County.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson stated he will present the Resolution to Ms. Buckner.

 

 

 

Commissioner Scarborough stated Kevin Kemmerling of the Traffic Engineering Department will not be present; and read aloud a resolution recognizing Mr. Kemmerling, upon his retirement, for his 35 years of service to the County. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to adopt Resolution recognizing Kevin K. Kemmerling for his 35 years of dedicated service to the County.  Motion carried and ordered unanimously. 

 

 

 

Len Beckett and Jerry Wall introduced themselves.  Mr. Beckett stated he and Mr. Wall are present to recognize Assistant County Manager Mel Scott; Mr. Scott has done something for the residents of Canaveral Groves that Ms. Busacca did a couple of years ago; and they appreciate Mr. Scott taking the bull by the horns, helping the community, and being dedicated to further an important, but difficult and complex cause.  He stated they appreciate everything Mr. Scott has done for them.  Mr. Wall stated West Canaveral Groves is a conundrum in anyone’s vocabulary; and what Mr. Beckett has been referring to is West Canaveral Groves Neighborhood Action Plan.  He stated two years ago they applied for grants and were recognized by the Community Development Block Grant Program as a strategic target area; therefore, it was necessary to come up with a Neighborhood Action Plan; and several months later, with the help of County staff, they did develop such a plan, which was accepted or recognized on January 11, 2005.   He stated then except for one major project, the plan languished; but now Mr. Scott is on board, and he has taken the bull by the horns as Mr. Beckett said.  He stated the residents appreciate everything that was done in the past by the Board, Ms. Busacca, and Commissioner Scarborough; and commented on the masterful job Mr. Scott did in chairing the last meeting. 

 

Commissioner Scarborough presented a plaque to Mr. Scott. 

 

Chairperson Colon thanked the citizens for recognizing Mr. Scott; and expressed appreciation to Mr. Beckett and Mr. Wall for being so active in Canaveral Groves. 

 

 

 

Commissioner Voltz stated she would like to recognize Glenn Siler from the Barefoot Bay Water Treatment facility who was recently award the Joseph V. Towery Award by the Florida Water and Pollution Control Operators Association.  She stated Mr. Siler was given this award in recognition of his dedicated interest in service for the preservation of State of Florida waters for 2007; in 2004, under Mr. Siler’s supervision, the Barefoot Bay Reclamation Facility was awarded the National Small Project of the Year Award from the Water Reuse Association; and they traveled to Phoenix, Arizona to receive that award.  She advised also in 2004, the Brevard County and the Barefoot Bay Water Reclamation Facility received the Dr. David W. York Water Reuse Award from the Water Environmental Association in recognition of the development and operation of an exemplary water reuse program; and Mr. Siler has done a great job. 

 

Glenn Siler stated he has a dedicated staff, not only the water and wastewater staff, but also the field crew and the office staff; and through them, they were able to do things.  He stated knowing how busy the Board is, he made a list of things they have done. 

 

Commissioner Voltz stated a great leader gives credit to his employees for making him look good; and Mr. Siler and his employees have done a great job. 

 

Commissioner Voltz presented a plaque to Mr. Siler.    

 

 

 

County Manager Peggy Busacca stated the rank IAFF Rank and File negotiations have proceeded; and requested an executive session be scheduled on October 10, prior to the Zoning meeting at 4:00 or 4:30 p.m.  She stated it is expected after that meeting the Union will conduct a straw poll to determine if the negotiations have been successful from their perspective. 

 

Chairperson Colon inquired if Ms. Busacca has checked with the Commissioners’ calendars to see if the time is okay; with Ms. Busacca responding no, but that can be done before the end of the meeting. 

 

 

 

County Manager Peggy Busacca requested Item III.B.1 be moved to New Business so the Board can designate the amount of funding and where it should come from, if the Board approves the Contract. 

 

Chairperson Colon inquired if Ms. Busacca knows where the money will be allocated from; with Ms. Busacca responding there is money in Contingency, and if the Board chooses to allocate that, it would be for FY 2007-2008.  Chairperson Colon inquired if anyone wishes to discuss it further; and hearing no comments, directed the item remain on the Consent Agenda.

 

 

 

County Attorney Scott Knox advised the Legislature enacted tax relief legislation in the past session including House Bill 5B, which was the Constitutional amendment dealing with the
super homestead exemption; and yesterday the Circuit Court in Leon County struck the ballot language from the Constitutional amendment, so at this point it will not go forward on the January ballot unless the Legislature does something in Special Session.  Mr. Knox noted the Court also upheld House Bill 1B, which was the requirement that the counties and cities cut their budgets, but it did not rule on whether the Constitutional amendment violated the amendment provision of the Constitution or whether or not the holding of the referendum in January was constitutional, so those issues are still out there should it resurrect itself in the form of a new bill.

 

Chairperson Colon stated there is still plenty of time to put something on the referendum; with Mr. Knox agreeing. 

 

 

 

Chairperson Colon stated she went to the Navy League event in Titusville; it was an incredible experience being amongst the men and women who have given so much to the country; and her prayers are with the men and women who are serving overseas. 

 

 

 

Chairperson Colon advised of the loss of Yalian Nieves who was a Branch Manager of Riverside Bank; and stated Ms. Nieves husband and children are in her prayers.  She stated Ms. Nieves was an incredible role model; the Riverside family is grieving; and commented on the funeral and the celebration of Ms. Nieves’ life.  She stated Ms. Nieves will be missed. 

 

 

 

Chairperson Colon stated if there is something under a Commissioner’s report that a member of the public would like to speak to, that is not appropriate because no one knows what the Commissioners will be speaking to; and suggested such comments be done under Public Comments. 

 

 

 

Commissioner Scarborough stated the flrunners.com Invitational will be one of the most prestigious cross country meets in the State of Florida; and Mr. Kramer and Mr. Byrne have brought it to Brevard County. 

 

Jeff Kramer stated he works for Boeing and coaches cross country at Astronaut High School; he approached Mr. Byrne a couple of years ago when the Chain of Lakes Recreational Complex was being built; Commissioner Scarborough is a cross country fan; and he thought Chain of Lakes would be an excellent place to host a large first-class cross country meet.  He stated cross country does not always get attention; but Jason Byrne has brought one of the largest and most prestigious meets in the country to Brevard County; and on October 5 and 6, 2007, 4,000
to 5,000 athletes and possibly 7,000 to 10,000 fans will come to Brevard County.  Mr. Kramer stated a lot of them will stay overnight; and there is a beautiful facility for them to run on, which is very spectator and athlete friendly.  He advised at cross country events a lot of bottled water is consumed and a lot of recyclables are trashed; but they will be making sure that all the recyclables are sent to the right location; and advised of a test run a few weeks ago where a truckload of recyclable containers were taken to the Mockingbird Way facility.  He thanked everyone, especially the Parks and Recreation staff for support; stated he has been doing cross country in Brevard County for 25 years; setting up a cross country meet is a challenge; and the Parks and Recreation staff has made his life much easier. 

 

Jason Byrne stated he is founder of flrunner.com; this is the eighth year of the meet; and it has been on the west coast all these years.  He stated a few years ago Mr. Kramer sent him maps, pictures, and updates of the progress at the Chain of Lakes; and this year he advised it was ready.  He stated he stated the community as a whole has been wonderful; and expressed appreciation to Parks and Recreation, BCC, Mr. Kramer, and Astronaut High School.  He stated in the past he had to micromanage every aspect of the meet; but in Brevard County he has been able to turn things over to committees, which has made his life easier; and he looks forward to keeping the meet in Brevard County for a long time. 

 

Commissioner Scarborough read aloud a resolution congratulating Jeff Kramer, Jason Byrne, the volunteers who have worked behind the scenes, and all of the participants in the flrunners.com Invitational. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution congratulating Jeff Kramer, Jason Byrne, the volunteers who have worked behind the scenes, and all of the participants in the flrunners.com Invitational.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough presented the Resolution to Mr. Kramer and Mr. Byrne.  Mr. Kramer advised Cindy Thompson has served as the community liaison and has done a tremendous job getting local businesses to support the event.  Mr. Byrne expressed appreciation to Rusty Buchanan and Space Coast Sports. 

 

 

 

Commissioner Scarborough stated S.R. 528 is being sold; and if the State can do that, his neighbor can take the furniture from his house and sell it.  He stated the Board fought hard to get the tolls off S.R. 528 because people were paying after the fact; beyond that, there is no idea that it is going to be locked in this community if it is sold; and it would be one thing if they were paying tolls and it was going to maintain a better community or if the Expressway Authority was activated, but there is something fundamentally wrong.  He stated he was insulted; and he would like staff to put together a report on what has happened.  He inquired why the County should have its assets sold and the funds not come to the County; and stated the County could get nothing from the whole transaction, but will be paying for something.    

 

Commissioner Scarborough distributed a map; and stated a cement plant will be built around the Space Coast Executive Airport; some years ago, the property around there was annexed; and there was extensive discussion with the City of Titusville about the road systems, which remain the County’s.  He stated a cement plant will certainly have some tax value that will accrue to the City; the County has already lost the MSTU fund; and in some cases the County accepts that is the way it is; but with cement trucks there is a totally new environment.  He stated the roads will not sustain it; and he would like to have staff put together a report and a letter to the City of Titusville for the Chairperson’s signature, indicating if the City proceeds with this, it should assume all the roads that could possibly be impacted.  He noted it is unfair to the County and to those persons in North Brevard who pay into an MSTU to subsidize this. 

 

Commissioner Bolin inquired where is the cement plant going; with Commissioner Scarborough pointing out the area on the map. 

 

Motion by Commissioner Scarborough, to direct staff to put together a report on the cement plant that is proposed to be built near Space Coast Executive Airport; and authorize sending a letter to the City of Titusville indicating if the cement plant is built, the City should assume responsibility for all roads that will be impacted.

 

 

Chairperson Colon stated she is very concerned about S.R. 528; she knows it is in the preliminary planning stage; but the Board needs to be as vocal as possible; and inquired if the Commissioners agree.  Commissioner Bolin indicated agreement.  Chairperson Colon stated the Board needs to send a very strong letter to the Delegation advising the Board needs support in regard to the concerns; one letter should go to the Governor; and the Lobbyist should be kept abreast of the situation. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to direct staff to put together a report on the cement plant that is proposed to be built near Space Coast Executive Airport, and authorize sending a letter to the City of Titusville indicating if the cement plant is built, the City should assume responsibility for all roads that will be impacted; and direct staff to put together a report on the proposal by the State to sell long-term leases on State assets such as toll roads, including S.R. 528, and authorize sending letters to the Governor, Delegation, and the County’s Lobbyist expressing strong concerns.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson stated the State is looking at roads like Alligator Alley and some of those kinds of roads that go through the middle of nowhere; but S.R. 528 is a segment needed to go from one part of Merritt Island to another part of Merritt Island; the people have no choice; and it is just inherently fair.  He stated if the State would like to do it on some of the major roads, that is fine, but not on ones that serve the basic community.

 

 

 

Commissioner Nelson stated he and Commissioner Bolin attended the East Central Florida Regional Planning Council meeting last week; part of the agenda was the Comprehensive Economic Development Strategy, which identifies the needs throughout the seven-county
region; and one of the things that was interesting was that there was no major mention of the space program and the coming impacts.  Commissioner Nelson stated it was on its way through the process and had gotten a vote to approve the plan before he could ask to stop, but they did stop; and he advised that the amount of discussion and projects associated with the space program and what is about to occur were insufficient.  He stated the Regional Planning Council is allowing them to put in what is needed in the plan; he will give the Board a brief copy; and recognized staff for putting verbiage together.  He stated they took the plan that had minimal mention of the space program; and now it has projects that will lead to the ability to get some funding that was discussed in the Board’s workshops.  He stated it was a close call, but was a save; and thanked the Regional Planning Council for its cooperation.  He stated they are facing a dramatic change in the next five years in what the area is going to look like; to offset that, they can play a part at the regional level; and that is now in the plan, so hopefully they will be able to get some of the federal dollars that are associated with it and help with the effort the Board has started. 

 

Commissioner Bolin offered kudos to Commissioner Nelson for his work to get the changes made to accommodate the County. 

 

Chairperson Colon stated Commissioners Nelson and Bolin do a wonderful job; and she would encourage the next Chairperson to make sure they stay on the East Central Florida Regional Planning Council. 

 

Commissioner Scarborough stated he is amazed at how little recognition there was of the problem; and they do not grasp the significance.

 

Commissioner Voltz stated this is a region; and inquired why someone at the East Central Florida Regional Planning Council did not look at the things going on in Brevard County, and why did it take somebody from Brevard County to point out that there is a big space complex.  Commissioner Nelson stated there were members from Brevard County who sat on the original committee, but this has evolved; and through the Board’s leadership and Commissioner Scarborough’s leadership in particular, this discussion has happened.  He stated it had passed a tipping point; and the East Central Florida Regional Planning Council did not see the urgency and the issues, but it is now aware of it.

 

 

 

Commissioner Voltz distributed flyers; and stated the South Melbourne Crime Conference will be held on Saturday, October 27, 2007; and there will be speakers, local as well as from out of town.  She advised of support from Harris Corporation, Melbourne Police, Brevard County Sheriff’s Office, Florida Tech, Dixie Crossroads, Yellow Dog Café, Doug Beam, Buggs Funeral Home, the Hilton, Waste Management, and others; and stated the Committee and her staff have done a great job in pulling all of this together.  She stated there is a meeting tomorrow evening at Dixie Crossroads with Dr. Kimmons; Dean Renfrow from the Amer-I-Can Program is going to be coming free of charge although normally he charges up to $25,000 for a one-day seminar; commented on additional speakers; and advised invitations will be sent. 

 

Chairperson Colon expressed appreciation to Commissioner Voltz for being instrumental in the event; and commented on a shooting that took place in Cocoa last weekend that resulted in loss
of lives.  She stated that is not acceptable; and she is thankful that Commissioner Voltz is putting this together.  She inquired how big the facility is; with Commissioner Voltz responding it is going to be at Stone Middle School; and they will be able to fit approximately 300 people in the Media Center.  Commissioner Voltz stated there will be a Pastors’ Breakfast in the morning; it will be an all-day event; and lunch will be served.  Chairperson Colon stated she will put it on her calendar. 

 

 

 

Commissioner Bolin stated this weekend there was a sidewalk dedication to the memorial of Fred Union; and it was at the South Patrick Residents’ Association Park on A1A.  She stated it was a wonderful event; and thanked everyone who was involved.  She stated she never got to meet Mr. Union; but it was through Mr. Union’s perseverance that the sidewalk on the east side of A1A was completed.  She expressed appreciation to the Union family for its participation in the event. 

 

 

 

Commissioner Bolin stated she, along with a lot of other Commissioners and elected officials, attended the Farm Bureau Annual Meeting; they are trying to keep agriculture strong in Brevard County; and she applauds them for that.

 

 

 

Commissioner Voltz stated a UCF student was killed in an automobile accident approximately two months ago; and her parents want to put a bench at Kiwanis Park on U.S. 1 as memorial to people who have lost family members.  She requested permission to ask Parks and Recreation Director Don Lusk if that can be done; and stated it will be done at the parents’ expense. 

 

Commissioner Bolin requested Commissioner Voltz have Mr. Lusk look into it and provide a report to the Board.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant final plat approval for Viera Health Complex, subject to minor changes if necessary, receipt of all necessary documents required for recording, and developer responsible for obtaining all necessarily jurisdictional permits; and authorize the Chairperson to sign the final plat.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contract with The Viera Company guaranteeing the performance for infrastructure improvements for the Viera Boulevard Overpass and Extension.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the use of the Tax-Exempt Commercial Paper Loan Program to finance the Tangle Run Boulevard MSBU project; and authorize staff to make the necessary budget changes.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution and execute Deed and Interlocal Agreement for the transfer of Dike Road and canal rights-of-way to the City of West Melbourne.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept a Special Warranty Deed from Harbor City Scouters, Inc., a no-longer-active, non-profit Florida corporation; and waive the environmental site assessment and survey requirements.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute an Interlocal Agreement with the Cities of Cape Canaveral, Cocoa, Cocoa Beach, Melbourne, Palm Bay, Rockledge, Titusville, and West Melbourne for continued investigation into the feasibility of a regional biosolids processing facility.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to convert the current position of the Brevard County Medical Examiner from a contract for services position to an ungraded appointive service position under the County’s classification and pay plan system; approve the job description to be included in the County classification and pay plan; execute Employment Agreement with Dr. Sajid S. Qaiser appointing him to this position upon his appointment by the Governor as the 18^th District Medical Examiner pursuant to Florida Statute 406.06; authorize the Chairperson to approve future three-year renewals; authorize Dr. Qaiser to begin earning annual and sick leave at a rate and amount equivalent to an employee who has maintained County employment for seven years; authorize Dr. Qaiser to begin County employment with 96 hours each of annual and sick leave credit; authorize the Board to make an exemption to Policy BCC-11 allowing the County to fund Dr. Qaiser’s memberships to American Academy of Forensic Sciences, College of American Pathologists, National Association of Medical Examiners, and United States and Canadian Academy of Pathology; authorize an extension of the existing Agreement with Dr. Qaiser as the Interim Medical Examiner pending the Governor’s appointment; and authorize the Chairperson to sign any changes or amendments to the budget or Agreement upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt resolution amending Resolution No. 2005-265 and extending the sunset date of The Brevard Commission on Aging until September 30, 2010.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution amending Resolution 92-213 and extending the sunset date of the Commission on the Status of Women until September 30, 2010.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution amending Resolution No. 05-266 and extending the sunset date of the Commission on Mental Health and Community Solutions until September 30, 2010.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution amending Resolution No. 05-267, extending the sunset date for Together in Partnership until September 30, 2010, and revising Sections 1, 2, 3, and 6.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Joe Steckler and Anselmo Baldonado as the two persons from which the Governor will make one appointment to the Children’s Services Council of Brevard County.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt a Resolution supporting the continued funding for the Florida Forever Program and creation of a successor program; and authorize staff to deliver the Resolution to all appropriate State agencies and staff.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution amending rules and a schedule of fees for The Savannahs Golf Course, The Habitat Golf Course, and Spessard Holland Golf Course.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Amendment No. 15 with Post, Buckley, Schuh & Jernigan, Inc. (PBS&J) for professional services required to relocate gopher tortoises fro Max K. Rodes Park to an offsite location.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to waive the normal procurement policies and authorize the Chairperson to execute an Agreement with Creative Education, Inc. for the fabrication and installation of the environmental education exhibits at the Barrier Island Center.  Motion carried and ordered unanimously. 

   

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution and execute Joint Participation Agreement with the Florida Department of Transportation for $352,251 to provide Commuter Assistance service from the date of execution through September 30, 2008; and authorize the Chairperson to execute any Amendments or Addendums contingent upon approval of the County Attorney and Risk Manager.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement to Extend Existing Contract with VPSI Inc. to provide vanpool fleet management services for Space Coast Area Transit for an additional 152 days, in order to complete the new Request for Proposal process, until February 29, 2008.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the private sale of a surplus parcel of property pursuant to Florida Statutes 125.32(2); authorize acceptance of $768 offer from Sands Point LLC; and authorize the Chairperson to execute all necessary documents.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Revised Policy BCC-22 establishing the County Attorney as the Records Management Liaison Officer with the State of Florida, Department of State.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the Chairperson to initiate the changes in the Letter Agreement with Joan H. Bickerstaff. P.A. for legal services to be rendered on behalf of Brevard County with regard to an administrative hearing on a vested rights application filed by Newfound Land and Property Management Company (Alan Zajdel), including the authority for Ms. Bickerstaff to retain such experts, at County expense, as are reasonable and necessary to defend the County.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to advertise notice of public hearing for proposed ordinance amending the Code of Ordinances by replacing references to “occupational license” with the terminology “business tax receipt” and “occupational license tax” with “business tax.”  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the renewal of the Medicare HMO Health Plan for the 2008 plan year with Health First Health Plans; authorize the Office of Human Resources/Employee benefits to negotiate and execute all agreements necessary to place this coverage effective January 1, 2008; and approve restructuring or premiums for group health plan members electing to participate in these health plan options.  Motion carried and ordered unanimously. 

                                                           

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve continued placement of the County’s Property/Casualty and Workers Compensation insurance coverage with the Florida Association of Counties Trust and the Preferred Governmental Insurance Trust; and authorize the purchase of an Additional Covered Member endorsement  to the Florida Sheriff’s Association professional liability coverage provided to the Brevard County Sheriff’s Office.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize implementation of the cost of living and merit increases negotiated with LIUNA, Local 678 for bargaining unit members and that similar increases be approved for non-bargaining unit career and appointive service employees effective October 2, 2007.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve distribution of $17,295 of State Forfeiture Funds to the City of Cape Canaveral in accordance with Section 932.7055(5), Florida Statutes, and approve any necessary budget amendments that may be required.  Motion carried and ordered unanimously.   

 

 

 

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

 

 

 

Kathryn Bird stated she waived her right to speak on this issue; she is not objecting, but she is concerned about the debts of myregion.org and who is behind it.  She stated she is concerned about televising and furthering the myregion project process. 

 

Mary Hillberg stated she is present to express her extreme concern over airing the myregion video on the taxpayer public television channel; the airing would indicate the Board is supporting the efforts of myregion; and she cannot believe that.  She stated myregion is pressing the County to support the plans for unsustainable overpopulation and the increased crime, decreased schools, and increased taxes that come with it; and she has sent emails to the Commissioners about that.  She stated there have been many members of the community and voters who have voted against those issues.  She stated in January, she researched myregion’s website to search for the origin of the group and found only reference to the initiative, the desire by the Orlando Chamber of Commerce to participate in global economy, which is the reason myregion was born.  She stated in March, she asked again and got the same answer; no one has explained what Orlando wants to do or how it wants to do it and why it is pressuring to Brevard County to contribute; on May 19, Chairperson Colon announced that no one Commissioner speaks for the entire Board; and the Board refused to affirm, support, or deny the poorly conceived plan to overpopulate and economically distress Brevard County.  She stated the Board knows it is coming; it knows the issues that are going to be happening; and to pound a higher population in when the infrastructure will not support it is irresponsible.  She stated in the last four months the Board and staff have climbed through complex, tedious, and embarrassing fact finding meetings and workshops to craft a budget that accommodates the reduction demands of the State; and the end result has been job losses, reduced services, and unfortunate changes, although some of the changes have been good.  Ms. Hillberg stated myregion has no plan to protect conservation or agricultural lands; there are no plans to protect property rights; the electors voted to pay for sensitive environmental areas, but there is no plan for that; and there is no plan for the threatened wildlife habitat corridors.  She stated funding and problem solving is up to the Board; and she is speaking for those who cannot speak for themselves, the hardworking moderate income families and the elderly who want their environment kept clean, safe, and economically stable, who believe in the values of democracy, and who unite against selling the County to the highest bidder.  She stated the people have said they are against higher taxes of any kind; they are against more traffic; they are against the loss of their conservation and agricultural lands; they do not want the critical habitat to be lost; they do not want higher crime rates or loss of quality of life; and to air a film by myregion on the public television channel would be a slap in the face to the voters of Brevard County.  She stated if the Board is supporting this expensive and poorly conceived development plan, she would like to see a vote on it on live television, at a Commissioners’ meeting so everyone can see where each Commissioner stands, so the people will know who and who not to support in the future. 

 

Maureen Rupe stated she has followed the process and has very little confidence in it; she attended the meeting in Osceola County because she was told by Commissioner Voltz that her questions would be answered; but they were not answered; and this is the event they are planning to show.  She stated she thought it was a staged watered down Disney production; and there was no public comment.  She stated she was told they would  be in tables of eight with a facilitator; the facilitator told them what they said around the table would be written down and the comments would go to myregion; so they started around the table.  She stated she started off with her concerns, which were that she thought this could not be accomplished without a regional comprehensive plan and probably a change in the Growth Management Act of the State and that there would be some home rule taken away from the counties and cities in the process; at the end Mary Hillberg asked the facilitator to read back what was written; and what he had written was that a regional comprehensive plan was needed.  She stated there are plenty of PBS or other stations that could air the video; and she does not see with the amount of contention there is over this issue that the Board needs to put it on the Space Coast Government Television Channel. 

 

Commissioner Scarborough stated the Board and the MPO have talked at length; they do need to think as a region; and by Commissioner Nelson and Commissioner Bolin being involved, the Board has input at a regional level.  He stated he is concerned with government about oversimplification of an issue; Commissioner Nelson has just gone through some small area plans; and they are beautiful in comparison to the myregion plan.  He stated problems are difficult; there are conflicts; and Mr. Scott did not get an award this morning because it was neat and pretty.  He stated there is no body that can get together with a table of eight and move little blocks; it is extremely difficult; and what concerns him is there are a lot of people from the public that hope for simple answers from government.  He stated if the answers were simple, there would have been a lot of solutions; but the problems are extremely difficult.  He stated it is a disservice to the public to oversimplify the issue.  He stated people need to understand the issues; and commented on the Bert Harris Act, comprehensive planning, small area plans, and incorporating multiple ideas.  He stated the trouble is it is not a workable plan, and it bounces
into issues that cannot be handled; and it raises more concern than answers because of its simplistic approach.  Commissioner Scarborough stated the Board would be doing a disservice to the community to air the video.   

 

Commissioner Voltz stated that is absurd; she spent a year and a half on the Board; and all they talked about was preservation and the community’s need for accommodating future growth.  She stated if the Board is going to say future growth is not going to happen, it is not going to accommodate for it, and it will let it happen someplace else, it is burying its head in the sand.  She stated How Shall We Grow? is not a plan for Brevard County; it is suggestions on how to potentially do things; and she has talked to Planning and Zoning Director Robin Sobrino about some of the items that the County could potentially look at putting in its Comprehensive Plan to insure that some things happen to preserve green space.  She stated she is glad that President John Kennedy had the foresight to say they were going to the moon and did not think about how much money it was going to cost or whether they had the money.  She stated this is a great project; the video needs to be aired on television; the Board needs to let the people look at it and see what they think; and then the Board can begin to get feedback.  She stated if the people have not watched the workshops on television, this may give them another opportunity to come up with alternatives to what they hear; she stated the middle class can speak for themselves; they just have not done so; and nobody needs to be speaking for the middle class.  She stated this is not going to be an issue of taking away anybody’s property rights; it is a good program with a lot of information; it gives somewhere to go to the future in terms of growth; and there is going to be growth whether the Board wants it or not.  She stated 50% of the numbers that have been thrown out are internal growth from their own families; and inquired if the Board is going to plan on growth or plan on overcrowding the highways and putting in house on top of house rather than doing centers and corridors and providing for more open and green space.  She stated if the Board does not put it on television, it is buying its head in the sand and saying growth is not going to happen. 

 

Commissioner Nelson stated last week the Board was at the MPO, which asked them to look at how to plan for roads, whether the more traditional way based on projections for growth or using the How Shall We Grow? map; and the cities and County chose unanimously to proceed with the way it has been done because there was concern that no one has accepted the map at this point.  He stated this is a work in progress; and his concern, like Commissioner Scarborough’s, is that the Board has not taken a vote to accept the map that has been created and say that is the vision for Brevard County.  He stated without having the ability to have the other side expressed and discussed in a more open forum, it would only be giving one side of the story; and that is his concern.  He noted he supports the planning process; he has hammered the Board for two months trying to get a planner back; and it is not a question of whether he supports planning, but it is the detail of that planning.  He stated there may be a point when he is the lead guy saying this is what the County should look like; but he is not there yet.  He stated by airing the video, the Board would be showing one side of the story, but not the whole story; and there is a danger in doing that because people will assume that is what the Board believes, yet the Board has never taken a vote.  He stated that is a real concern; and he does not want to give someone the impression that the Board is in step with everyone in the other seven counties at this point in time because it is just not there.  

 

Commissioner Bolin stated her question is not whether this is a good or bad plan; it could be aired surrounded by narrative of the County saying it is something that is out there and asking for input; it could be used as an educational piece to get input from the citizens; and the Board would not say it was approving or disapproving.  She inquired if that is a possibility. 

 

Commissioner Scarborough stated the problem is there is a fundamental flaw in the idea that the area is not going to grow; people have previously approved zoning; and if there was never another single rezoning, Ms. Busacca has advised the population of the County would double or something like that.  He stated every time there is a zoning meeting, the Board is not taking away zoning; it is adding zoning; and the reason is that Florida recognizes they cannot take away people’s property rights.  He stated people may not understand that complexity; if the Board does not give zoning to certain people based on good cause, it could be sued and the courts would give the people the rezoning; some people want to move the density out of this area to Orlando; but it does not work that way under Florida law.  He stated every discussion about density and growth ends up with one net result, additional ability to get more density; and if the Board wants to stop growth, it can prohibit any rezonings because everything that is discussed ends up with a more dense community, one way or the other.  He stated it has the appearance of moving density off people’s property; and inquired how they would accomplish that unless the County wanted to tax itself millions more than it ever has to purchase more land.  He advised that is not going to happen, so there is a fundamental flaw in the concept of How Shall We Grow? that is not addressed.  He stated there needs to be a contrary statement that would appear either before or after the video, if it is aired.

 

Commissioner Voltz stated she was at the same MPO meeting, and there was not a vote to go along with what is current; what they did was turn it back to staff to look at how to do this; and it was not a vote to just do the status quo.  She stated Commissioner Scarborough asks how to get people to move off their property with the issue of private property rights; but she has been involved in the process; and it is all about incentives to keep green space.  She stated even if the video is aired on television, the Board has not taken a vote; she has nothing to gain or lose on this; but if there is no plan for the future growth, in 20 years the sitting Commission will wish the current Commission had done something.

            

Motion by Commissioner Voltz, to approve the televising of the video of the myregion.org How Shall We Grow” Summit on Space Coast Government Television.  Motion died for lack of a second.

 

Chairperson Colon thanked SCGTV and BCC for airing the Space Coast Initiative workshop.

 

 

 

Janis Walters stated this week a few people are asking for Charlie Nash to be removed from the Valkaria Airport Advisory Board; she went to the Valkaria Airport Advisory Board meeting last Tuesday and also listened to an audio recording of the meeting several times; and she assumes the Commissioners have heard it.  She stated nothing Mr. Nash said could be interpreted as a threat of violence against aircraft except by someone with a guilty mind, a person with animus against Mr. Nash, or someone with a personal agenda that Mr. Nash opposes; an email sent to the Board alleges that the word used by Mr. Nash, “defend” actually means attack; but that is not the case in her world.  Ms. Walters stated in the meeting Mr. Nash said nothing about helicopter noise being a justification for violence or about taking helicopters out the sky  as some have alleged or written; and those are the perceptions of a person or persons with a guilty mind.  She stated Mr. Nash is accused of being argumentative, threatening, and disrespectful; and this is ironic since it was made by someone who deliberately provoked and antagonized Mr. Nash in the meeting.  She noted there is a video of this behavior if any of the Commissioners care to see it; and at the meeting Mr. Nash’s demeanor and tone were neither more nor less forceful than the demeanor and tone directed toward him.  She stated more worthy of scrutiny are the comments that were made to the Board on August 29 by a representative of Silver State to the effect that if the people of Valkaria do not stop complaining, Silver State will show them what harassment really is; but no one turned a hair when that comment was made.  She stated to remove someone from an advisory board for strongly voicing a minority opinion is a step she hopes the Board will not take; no one can be held responsible for what other people’s personal impressions of our remarks may be; individuals can only be held responsible for what they actually said; and the unpopular position has as much right to a voice as the popular one.  She inquired if the Board would have all of its advisory boards made up of people who are afraid to voice a dissenting opinion, stand up for what is right, or refuse to be a victim of bullying.  She stated with that kind of moral cowardice, the people would still be paying taxes to England and singing God Save the Queen instead of the Star Spangled Banner.  She stated she would remind those who have complained about disrespect that the finger points both ways; and in this instance there is video to prove it.  She stated to have a more decorous meeting, they will need a chairman who will maintain a decorous, if vigorous exchange of ideas and not lead the charge into a verbal brawl.  She stated she has her own thoughts about who should be removed to fix the problem, and it is not Mr. Nash.          

 

Curt Lorenc stated he also attended the meeting of the Valkaria Advisory Board; he thought the Chairman was out of control; and he filmed it so there would be a record of it.  He stated he was disappointed in the way the meeting was conducted; one of the problems with the Advisory Board is that when there is any dissenting opinion from the pilots, those people are attacked verbally; and even the public that speaks out against the pilots are treated rudely.  He stated a new member, Don Darby was appointed to the Board; video was presented to the Town of Malabar; and Dr. McClure was removed as the Town’s member.  He stated whenever they have members that speak out for the public, they have this problem; and some of the aviators reported a former Commissioner and some citizens to the FBI.  He stated this is the type of behavior they are seeing; it is not appropriate for a County Advisory Board; right now the Valkaria Airport Advisory Board is made up of mostly pilots; and suggested balancing the Advisory Board.  He stated the County’s Charter does not allow having a board that may be discriminatory; Mr. Nash has done some fine work as an Advisory Board member; he has represented the community; and he supports him.

 

Chairperson Colon stated the FBI is involved; and it is not up to the Board to make a judgment at this point because it does not know the facts.

 

 

 

Chairperson Colon called for the public hearing to consider a resolution vacating a portion of public utility easement on Lot 14 in Pam-Lem Industrial Park as petitioned by Pam-Lem LLC (Better Built, Inc.) 

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution vacating a portion of a public utility easement on Lot 14 in Pam-Lem Industrial Park as petitioned by Pam-Lem LLC (Better Build, Inc.)  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the public hearing to consider a resolution vacating portion of public utility and drainage easement on Lot 40 in Waterway Estates, Fifth Addition as petitioned by William and Imelda Rowe.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution vacating portion of public utility and drainage easement on Lot 40 in Waterway Estates, Fifth Addition as petitioned by William and Imelda Rowe.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon called for the public hearing to consider an ordinance amending Ordinance No. 2007-27, Additional Homestead Exemption for Certain Eligible Senior Citizens Age 64 and Over.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt an Ordinance amending Ordinance 2007-27 of Brevard County, Florida; clarifying the imposition of the additional homestead exemption for certain eligible senior citizens age 65 and over to be applied to millage rates levied by the County; providing for severability; providing for an effective date, and inclusion in the Code.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the public hearing to consider revisions to the Merit System Policy IX, Leave, Domestic Violence Leave.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve revisions to Merit System Policy IX, Section II.O, to provide leave to employees dealing with domestic violence-related issues.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the public hearing to consider a public interest determination for wetlands impacts for Rodes Park.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve a Public Interest Determination request to allow wetland impacts for the construction of Rodes Park.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon stated cards have been submitted to speak to the North-North Tropical Trail Small Area Study.  Commissioner Scarborough inquired if the people are in opposition; with Commissioner Nelson responding they are supporters.  Chairperson Colon suggested the Board approve the item as no one present is in opposition. 

 

Commissioner Nelson thanked those who served on the Committees for the plans; and stated they are looking forward to moving on to East Merritt Island. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to accept the findings of the North-North Tropical Trail Small Area Study; and direct Planning and Zoning staff to include its land use recommendations in the 2008A Comprehensive Plan amendment cycle.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to accept the findings of the South-North Tropical Trail Small Area Study; and direct Planning and Zoning staff to include its land use recommendations in the 2008A Comprehensive Plan amendment cycle.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Interlocal Agreement with the Town of Grant-Valkaria, regarding Building Code application, process, and inspection and local regulation of registered contractors.  Motion carried and ordered unanimously. 

 

 

County Manager Peggy Busacca requested clarification of the Interlocal Agreement.  Assistant County Manager Mel Scott stated the Agenda item has the Building Official; there is a set form for contractor licensing; and the County has Interlocal Agreements with Satellite Beach, Indialantic, and several small communities; and the Agreement will be brought back to the Board on October 9, 2007.  He advised by virtue of approving Item VIII.A.4, the Board will be approving the Building Official Duties for the Town of Grant Valkaria. 

 

           

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, sitting as the Governing Board of the Brevard Mosquito Control District, to execute the Agreement made and entered into by and between the Department of Agriculture and Consumer Services, State of Florida, and the Brevard Mosquito Control District.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Assignment and Modification Agreement with Viera Complex Food Services, Inc. for operation of snack bars at the Government Center at Viera and the Harry T. and Harriette V. Moore Justice Center.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize the Emergency Management Director or his designee to execute and submit a preliminary non-binding electronic application to the Florida Division of Emergency Management for allocation of federal Public Safety Interoperable Communication grant money to Brevard County in support of Public Safety 800 MHz radio system enhancements; and further authorize the Emergency Management Director or his designee to process, sign, and execute such documents on behalf of the Board as required to submit the final grant application with any required supplements; and to process, sign, and execute such further administrative actions and documents on behalf of the Board as may be required during the lifespan of the grant, if awarded.  Motion carried and ordered unanimously.   

 

 

 

Scott Ellis stated he knows Mr. Denninghoff worked very hard on this item, but what it shows is the fact that mitigation property in the County with the St. Johns River Water Management District is not simply wetland for wetland because the County has used EEL’s to buy wetlands in

Titusville, Canaveral Groves, Merritt Island, and Cocoa Beach, but none of them are suitable as mitigation for this project.  Mr. Ellis stated when they get into the permitting phase, if the County is buying wetlands as future mitigation for a project, it is highly unlikely that it will be able to use it for the project; the County has bought a lot of wetlands in the last year; but none of them seem suitable for this project, which makes it difficult to project out.  He stated there was another parcel on East Merritt Island that had been discussed as being future mitigation for projects; but unless there is an exact match in area, wetlands, ferns, and who knows what else, the County is not going to be allowed to use it for that.  He requested the Board not plan on future purchases of wetlands being future mitigation because unless they are pre-approved, they probably are not going to happen.  He stated they worked with Ron Jones years ago to widen pipes under I-95 at Windover, Aurora, and Lamplighter Village after the flooding of Hurricane Erin, but nothing could be done; they cannot open-cut I-95; and the time to do that is as the I-95 widening moves south or else there will be more wetlands on the wrong side of I-95.  He stated this item shows how complex the mitigation process is; the tract on Merritt Island was approximately 90 acres of wetlands that the County bought on Hall Road; and apparently none of it is suitable as mitigation for this project.

 

Commissioner Scarborough stated he talked to Mr. Denninghoff yesterday about $2.1 million in EEL’s property; the County is continually spending money; and inquired if there is a way to regenerate it for the County’s purposes under its control rather than having outside agencies determining how the County’s money is spent.  He stated the Board is supposed to be the fiduciary of the people’s trust not just for roads but for environmental lands; but the Board does not have a say in the process. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize staff to work with the TM-Econ Mitigation Bank, Mary-A Mitigation Bank, and Cape Atlantic Mitigation Area for wetland impact mitigation credits needed for the Pineda Causeway Extension Project; and authorize the Chairperson to execute Agreements upon approval by the County Manager and County Attorney.  Motion carried and ordered unanimously.    

 

 

 

Bernadette Knudson stated she is from Malabar; and the majority of the residents from Grant-Valkaria and Malabar are feeling anger and frustration over two issues; and the first is the noise pollution from helicopters, the majority of which comes from Silver State Helicopter School.  She stated the second issue is being force-fed an airport master expansion plan that does not fit the new Town’s plan.  She stated the residents of Grant-Valkaria and Malabar strongly voiced their anger and frustration at the Valkaria Airport Advisory Board (VAAB) meeting on the September 18^th; the family was present from whom the original land acquisition was made for the original airport; and advised of the family watching eagles’ nests for close to a generation and the eagles moving out since the helicopters moving in.  She stated at the VAAB meeting, the residents strongly opposed the Silver State Helicopter Program flying over their lands and constantly harassing the residents; an article in the Space Coast section of the Florida TODAY concerning the issue of Silver State Helicopters and the Melbourne Airport captured the whole sentiment of what is happening; and it is coming to a boiling point.  She recommended urging the Melbourne Airport Authority to take control of Silver State Helicopters to rein them in as they are destroying the quality of life for the residents.  Ms. Knudson stated there was information in the newspaper concerning the Grant-Valkaria new town plan, which would maintain large lot sizes for homes, exclude high-rises, limit low impact commercial enterprises, and maintaining wetlands and conservation areas.  She noted there has been input to keep the area the way it is, rural and quiet with a village atmosphere; but Silver State Helicopters is ruining that.  She stated Charlie Nash was not out of line at the VAAB meeting; he spoke with passion; and if passion is taken as a threat, that is up to the Board or whoever is governing the VAAB.  She urged all the Commissioners to go to the Melbourne Airport Advisory Board and demand the contract between Silver State Helicopters and the Melbourne Airport be nullified as Silver State is not a good neighbor.

 

Chairperson Colon inquired if Ms. Knudson knows what the item was for; and requested she provide feedback on the number of members on the Advisory Board.  Ms. Knudson recommended the Advisory Board be 13 members to insure there are no ties, and for all the members not to be pilots.  Chairperson Colon inquired if Ms. Knudson would have a problem with seven members; with Ms. Knudson responding just as long as there are no ties, and they are not all pilots.  Chairperson Colon stated the Board will be keeping an eye on the noise of the helicopters. 

 

Janis Walters stated they are facing the same problem that the Board was asked to bear in mind when it authorized the Airport Master Plan; the airport sits in the middle of a community and has an effect on that community; and everyone seems to have forgotten that.  She stated there seems to be a misconception among the current membership of the VAAB as to its function, with too many members believing it is an aviation advocacy group and airport development board, and that local issues are trivial, if not irrelevant.  She stated the airport is in a rural residential setting and a balance must be struck between the airport development and utilization and compatibility with the local setting; the County’s proposed resolution offers one seat to Grant-Valkaria and one seat to an airport tenant to be chosen by the VAAB; this does nothing to address the current problem, which is lack of local and non-aviation oriented representation; and it will accomplish nothing but to make the VAAB bigger.  She stated the two towns abutting the airport property, Malabar and Grant-Valkaria suffer all of the impacts from airport operations and govern all surrounding land use; in addition, Grant-Valkaria has significant governing authority over airport rules in the form of its local ordinances; and the ability of the towns to appoint representatives should be equal to that of the Board.  She suggested each Commissioner have one appointment, the Town of Malabar have one or two appointments, and the Town of Grant-Valkaria have three or four appointments; and stated any Commissioner who thinks the airport tenants should have representation can appoint one as can either of the Town Councils; nobody has been shy about appointing aviation advocates; but having the VAAB choose a member from the tenants is not a good idea.  She stated if the Board wants to avoid tie votes, it can have an odd number.  She stated the level of helicopter activity they are seeing now is likely to have a detrimental effect on golf course revenues, impairing the Habitat Golf Course’s ability to pay its lease obligation to the airport; and other aspects of airport development in the Master Plan may also affect the golf course, most notably the proposal to remove the trees buffering the east side of Runway 14/32.  She suggested since the Habitat Golf course provides as much revenue to the airport as the T-hangar tenants, a representative from the County’s golf course administration group or Parks and Recreation be appointed, or since EEL property or conservation lands surround the airport, a representative of Natural
Resources or the Sierra Club be appointed by majority vote of the Board.  Ms. Walters advised there are also some language issues that should be dealt with, such as the number of missed meetings that will constitute resignation and whether the County will have approval power over the appointments from the Towns.  She stated since the Towns have not had an opportunity to meet and comment on this item, she is requesting the item be tabled to a later meeting and for the Board to give some thought to what would be best for all concerned while it waits for the Towns to offer their opinions. 

 

Curt Lorenc advised the Valkaria Airport has been a contentious issue for at least ten years; and it is important for the Board to look at a way to minimize and solve the problem.  He stated this is a local issue; appointing members from all over the County to come down and push their own interests does not solve the local problem; and recommended appointing members from the local area.  He stated there have been too many pilots on the VAAB; only one in 300 people is a pilot; and when the VAAB is mostly aviation, the members get out of control and are rude and contentious with the public.  He stated it is important to have input from the Towns; there is no input from the Towns; the Board needs to realize it no longer has control over the airport property, zoning, land use, comprehensive planning, or permitting, which are all now the responsibility of the Town of Grant-Valkaria; and the Board needs to be respectful of that.  He stated the County Charter advises when appointing to advisory boards, it is necessary to appoint people of the same ethnic background and makeup of the area; he does not see 80 to 90% of the area being pilots; and there needs to be language in the resolution reconstituting the VAAB to limit the number of pilots to what is in the population.  He requested the Board table consideration of the resolution; recommended it be sent to the Towns; and stated there needs to be more local representation.  He stated many of the members on the VAAB are in question as far as being impartial; one appointee is the former head of the FIT Flight School; another is a campaign manager for a former Commissioner who sits on two airport boards; and commented on sitting on two airport boards being perceived as a conflict of interest.  He stated there are other members who have conflicts of interest; one member’s wife works in a Commission office; and while it may not be a conflict of interest, it appears to be a conflict.  He stated this needs careful thought to solve the problem; and requested the item be tabled and sent to the Towns for comment. 

 

Chairperson Colon inquired if there is any truth of disrespect at the meetings; with Mr. Lorenc responding yes.  Chairperson Colon inquired if there is any truth that someone spit at people at the meetings.  Mr. Lorenc inquired if Chairperson Colon is asking about the advisory board meeting.  Chairperson Colon stated it was after the meeting; that is how hostile the situation has gotten; and she is asking if there is any truth to that; with Mr. Lorenc responding no, not at a VAAB meeting.  Commissioner Voltz advised that happened after a Town of Malabar meeting.  Chairperson Colon stated that is what she is talking about as far as disrespect and how bad it has gotten.  Mr. Lorenc stated he agrees with Chairperson Colon.

 

Maureen Rupe stated she assumed the Board was going to be discussing Mr. Nash’s removal; with Chairperson Colon advising it will not.  

 

Chairperson Colon stated what is before the Board are recommendations for the VAAB to go from 11 members to 12 members; but the Board should make sure the number is not such that there will be a deadlock with an even number.  She suggested each Commissioner appoint one person to the VAAB; and stated both of her appointees are citizens who have no connections to aviation.  Chairperson Colon stated having an appointment from the Towns of Malabar and Grant-Valkaria would be the kind of suggestion she would have; and there is no reason the Board should not be able to take action if it is comfortable with it.  She stated on page 2, it says “member of the Airport Advisory Board shall serve at the pleasure of the Board of County Commissioners and may be removed by the Board”; Malabar and Grant-Valkaria would do their own appointments; but each Commissioner should be able to remove his or her appointee if that person is not representing the Commissioner in a fashion the Commissioner would like.  She stated the appointee is a reflection on the Commissioner’s District; and she would want to make sure that each Commissioner who appoints an individual has the right to remove that individual.  She stated she likes that it is a yearly appointment; every year each Commissioner will be able to either reappoint their particular individual or give someone else an opportunity to vote and be part of that discussion; but it is the Commissioner’s choice.  She stated she has a problem with having 12 members as it should be an odd number. 

 

Commissioner Voltz stated the issue with the helicopters is one that needs to be addressed; Mr. Borowski is working on that; it is a horrible situation; and it needs everybody’s attention immediately.  She stated the VAAB is a mess; it is out of control; one of her staff members attended the VAAB meeting; and he reported that it was a horrible meeting.  She stated a 12 or 13-member committee is way too big; the Board needs to address the issues of the VAAB and what its responsibilities are; and it is more than a question of number.  She stated she and Assistant County Attorney Morris Richardson discussed where to go from here, what the possibilities are for revamping the VAAB, and how to move forward; and she agrees that the Board needs to table the issue today.  She stated it is way out of line and there are a lot of things that need to be discussed. 

 

Chairperson Colon stated the Board does not need to let one meeting be a reflection of the rest of the meetings; if folks in the community are outspoken, that is a reflection on them; but they do not represent the community.  She stated she does not want a general statement like that; the meetings, according to what she heard, have been carried very well; people who have represented those folks were people who were being honored during the Master Plan; and she does not want to throw that out with the bathwater just because one meeting got out of hand.  She stated there are some people who are very respected; the Board is proud of those who have carried themselves like gentlemen; and she is proud of her appointees.  She stated the Chairman has done an incredible job under the circumstances of how controversial the master plan has been; and she is very pleased with the way the meetings have been carried under those kinds of stress.  She stated she does not think there is anything to change but the number of people on the advisory board; folks know what the task was; and they did a magnificent job in the last year in focusing on the task regardless of how people were carrying themselves or intimidation from one or two individuals who do not speak for the community.  She stated even elected officials should not say they speak for everyone; that is arrogance; and she wants it to be on the record that she thinks the folks did an incredible job.  She recommended sticking to seven members and insuring that Grant-Valkaria and Malabar are voting members at the table.  She stated when she hears things about people being spit on at the meetings, that is horrible; and spoke about personal attacks and defamation of character saddening the Board.  She stated the advisory board members who sat through those meetings and continued to give the support that the community needed should be getting a medal; they are an advisory board; and the ultimate decisions are made by the Board.  Chairperson Colon stated Mr. Nash is not here to defend himself, so she would appreciate everyone not making any comments regarding him; there is an investigation; the FBI will make the decision; and everyone needs to be respectful of the fact.  She stated the Board is present to discuss the numbers of the folks that are going to be sitting on the VAAB. 

 

Commissioner Bolin stated she would like to propose two options for discussion; and the first is seven members.  She stated she strongly believes the number should never go up; it should go down; and with seven, there would be one from each Commissioner and one each from Grant-Valkaria and Malabar.  She stated the second option would be more sensitive to Districts 3 and 5; there would be nine members; and that would be one appointee each from Districts 1, 2, and 4, two each from Districts 3 and 5, and one each from Grant-Valkaria and Malabar. 

 

Commissioner Scarborough stated he could support either of Commissioner Bolin’s suggestions; he has sat in bodies where there were five members and in a long discussion, one can find the conversation shifting substantially; and with 13 members, it is possible that certain people’s thoughts would never be incorporated.  He stated there is a point where there are too many people; and nine would be the outer limits of where they could go and have a person feel they are participating. 

 

Commissioner Voltz stated she agrees; there is not going to be a VAAB meeting until December, so there is no rush to try to figure out which way to do things; and this should go back to the Towns of Grant-Valkaria and Malabar for input on how to structure the board.  She stated they need to advise the Towns that there are the two options and get their input; there is no rush to get this done; she likes the concept of the seven members; but she would like to send that information to the two Towns to ask what they think. 

 

Commissioner Scarborough stated sometimes it is difficult for someone at one end of the County to understand what is going on at the other end; and if it becomes more practical to take away appointments from the northern Commissioners and keep a reasonable number, he could support that proposal as well. 

 

Commissioner Nelson inquired if the Board is talking about a nine-member committee; with Commissioner Scarborough responding if the Board did that, it may be looking at some methodology where he and Commissioner Nelson would want to give up their seats.  He commented on receiving public input and it being more problematic to be fully involved in something at the other end of the County.  He stated his staff has been listening to the tape; Mr. Nash is his appointee; he met with him yesterday and asked questions; he has put in a lot of time; and this is more difficult for him than for somebody who is sitting on the Town Council.  He stated the shift is to put it where the issues lie. 

 

Chairperson Colon inquired if Commissioner Nelson is comfortable with nine or seven members; with Commissioner Nelson responding seven with a quorum of five.  He stated a quorum of four would be more problematic; and he agrees with Commissioner Scarborough that it needs to be controlled more locally. 

 

Chairperson Colon stated the Board needs to make a decision today; Grant-Valkaria definitely should have a seat at the table; the second choice would be to have extra members, but the Board overruled; and seven is a comfortable number. 

 

Commissioner Voltz stated the Board needs to look at how the seven is made up; with Chairperson Colon responding it would be appointments from the five Commissioners, one from the Town of Malabar, and one from the Town of Grant-Valkaria.  Commissioner Voltz stated Commissioner Scarborough and Commissioner Nelson said they were not going to put someone on the VAAB.  Commissioner Scarborough stated Commissioner Bolin gave some suggestions; there were some suggestions from the audience; and he indicated he would be amenable to relinquishing his appointment if the Board felt there should be a greater balance between the Commission appointments and appointments from the communities without exceeding a large number.  He stated it is just another thought the Board could consider; and he thinks this will be tabled; with Chairperson Colon responding no.  Commissioner Bolin stated the Board is going to go ahead with it; and she will make a motion.

 

Motion by Commissioner Bolin, to adopt Resolution changing the membership of the Valkaria Airport Advisory Board to seven members, one appointment by each Commissioner, one appointment by the Town of Malabar, and one appointment by the Town of Grant-Valkaria. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to table consideration of a resolution revising the composition of the Valkaria Airport Advisory Board. 

 

 

Commissioner Scarborough stated Commissioner Bolin’s motion is not a bad motion, but he would like to see the Towns weigh in on this issue. 

 

Chairperson Colon inquired what the Board is telling the Towns about the two options, one of which would be seven members, one from each of the five Commissioners, and one each from the Towns of Malabar and Grant-Valkaria. 

 

Commissioner Scarborough stated he would prefer to ask the Towns what they think.  He stated he is amenable to making it work as long as it does not exceed seven or nine members.    

 

Chairperson Colon stated that is why the Board is sending choices because if not, it could go everywhere.  She inquired what would be the composition if it was nine members; and advised she likes a seven-member board.  She stated the majority of the Board prefers seven.  Commissioner Voltz inquired how the seven would be made up.  Chairperson Colon stated it would be one appointment from each Commissioner, Grant-Valkaria will appoint one; and Malabar will appoint one.  Commissioner Voltz advised there is a motion on the floor to table; and there should be no discussion after a motion to table.  Chairperson Colon stated the problem is the Board is tabling it to let the Towns know what the Board is going to do; and it should be able to tell what the options are.  She recommended Commissioner Voltz bring to the Towns that the seven member board is the only option the majority of the Board wants.  Commissioner Voltz stated in that case, it is not an option; and the Board is saying this is what it is.  She stated she would like to see if Commissioner Scarborough and Commissioner Nelson
will be making appointments, if there is a possibility of redoing that, and have she, Commissioner Colon, and Commissioner Bolin have a say in how the majority of the board goes.  Commissioner Voltz stated this is in her District; District 5 borders it; and that is the only one that does border it, so she thinks there is another way this can be done; and she would like another way to structure how things are done.  Chairperson Colon stated the Board has been very clear in saying that it wants seven members; it is not an option that Commissioner Voltz wants; but the majority of the Board wants seven members.  Commissioner Voltz stated she agrees with seven members.  Chairperson Colon stated the Board would like to have Commissioner Nelson’s appointment at the table; and Commissioner Scarborough should also have someone at the table.  She stated the majority of the Board would like to be clear, since Commissioner Voltz wants to send this to Grant-Valkaria, that is what the majority of the Board wants.  She stated it might not be what Commissioner Voltz wants; but it is what the majority of the Board wants.  Commissioner Voltz stated seven is a great number.  Chairperson Colon stated the seven members have to be very specific, one from each District; and the majority of the Board wants representation from District 1 and 2.  Commissioner Voltz stated she does not know that the Board decided that. 

 

Commissioner Bolin stated since it is an airport owned by the County, there should be representation from each of the Commission Districts; and who each Commissioner appoints should be up to the individual Commissioners.  She stated all of the Commissioners should be sensitive to the makeup of where the airport is; but they have a right to have a representative.  Commissioner Voltz stated they need to appoint somebody from South Brevard.  Chairperson Colon stated that is up to each Commissioner.  Commissioner Voltz advised she understands that, but she is asking that South Brevard be more represented.  Commissioner Scarborough stated he wants representatives from South Brevard; he is not there; and it would be a disservice to appoint someone from Titusville who would just go to the area for a meeting.  He stated he understands the problems are most complex; and the more complex the problems, the more necessary it is to have someone who understands the community and will work to try to reach solutions.  Commissioner Voltz stated that is up to each Commissioner. 

 

Commissioner Nelson stated he does not support the motion to table as this needs to move on.

 

Chairperson Colon called for a vote on the motion.  Motion did not carry; Commissioners Nelson, Bolin, and Colon voted nay.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution revising the membership of the Valkaria Airport Advisory Board to seven members, with each Commissioner appointing one member, one member to be appointed by the Town of Malabar and one member to be appointed by the Town of Grant-Valkaria.  Motion carried and ordered unanimously.   

 

 

Commissioner Nelson stated he will try to honor Commissioner Voltz’s request  to have a South Brevard representative.    

 

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

 

County Manager Peggy Busacca stated a number of changes will be required; and inquired if the Board would like to say that the Resolution has been amended and the quorum remains at six members, or should be changed to five, or would the Board like this to come back.  Chairperson Colon stated it is not coming back. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to direct that the quorum for the Valkaria Airport Advisory Board be five.  Motion carried and ordered unanimously. 

 

 

Assistant County Manager Mel Scott stated they clarified that the appointees made by both Town Councils can be removed at the pleasure of those Town Councils, and not by the Board. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct that appointees of the Town of Grant-Valkaria and the Town of Malabar can be removed at the pleasure of those Town Councils, and not the Board of County Commissioners.  Motion carried and ordered unanimously. 

 

 

Ms. Busacca stated staff will notify all current members that the Board will be reorganizing and they can expect new appointments to occur between now and December.  The Commissioners indicated that would be acceptable. 

 

Commissioner Nelson stated an issue was raised about the Commissioners’ ability to remove their own appointments rather than requiring Board action.  Chairperson Colon stated each Commissioner would be responsible for his or her own appointment. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to direct that members will serve at the pleasure of the appointing Commissioner or Town Council and may be removed by that appointing Commissioner or Town Council.  Motion carried and ordered unanimously. 

 

 

*Commissioner Bolin’s presence was noted at this time. 

 

Darleen Hunt stated she submitted a card and thought her name would be called, but the Board approved the change, which was good.  She stated the CRG process is a good process; this is the fourth one she has been involved in; and thanked Commissioner Scarborough for saying it was a beautiful process.  She stated the CRG process should be given a higher priority with the Commissioners and staff in approval and implementation; three of the four CRG’s she has been on have had an exorbitant amount of time spent after the process was finished; and a moratorium was put on any zoning in an area under consideration for a study group.  She stated that will also speed up the implementation if there is a total moratorium on zoning.      

 

 

The meeting recessed at 11:08 a.m. and reconvened at 11:18 a.m.

 

       

 

Gary Johnson stated today the Board is deciding to purchase the Thousand Islands property in Cocoa Beach; and requested the property be purchased for no more than the appraised value of $1 million.  He stated the property is 60% submerged, 22% wetlands, or 82% unbuildable property; 18% or 51 acres is considered uplands; and eventually the courts can decide if any of that is buildable.  He stated new development is currently a losing proposition in the County, and will be for the foreseeable future; and inquired if the property will be insurable, and if so, at what cost.  He inquired about the mosquitoes; and stated this would not be desirable development property.  He stated this is a bluff and the County is falling for it; over time wetlands will become submerged and uplands will become wetlands; and he wonders what the current owners paid for the property and what kind of profit they will be making.  He inquired why is it necessary to spend three times the property’s value; and why is it necessary to buy this property at any cost.  He stated it is not necessary or justified; and to try and justify it to save potential court costs is ludicrous.  He stated this demonstrates the Board’s attitude for irresponsible spending; and inquired when it will stop and is there no limit.  He inquired when the Board will begin to demonstrate some fiscal responsibility as this is not free money.  He stated he realizes half of the money will come from the State, but he is also a State taxpayer; and he does not appreciate the waste of taxpayers’ money at every level.  He stated every penny the Board spends over 3% increase is on his back as a non-homesteaded property owner; and he is tired of carrying the load.  He stated spending needs to come down; the Board needs a more responsible attitude as the custodian of the taxpayers’’ money; and this purchase does not demonstrate the fiscal restraint that is required today and for the foreseeable future.  He stated if the Board cannot buy the property for the appraised value of $1 million, it should not buy it as it is not justified. 

 

Athena Sasso stated she is a resident of Cocoa Beach, and is here today to speak for her husband who is out of town and could not be present.  She read aloud, “Six years ago I attended a meeting of the small group calling itself the Green Space Preservation Alliance.  Its worthy goals were self described and included the Thousand Islands.  That group evolved into a larger group made up of Brevard County residents called the Friends of the Thousand Islands.  In 2002 the Cocoa Beach Commission unanimously decided to purchase the south Thousand Islands to preserve them from any future development.  I was initially involved in this process as a Commission appointed representative to the negotiations and more recently involved as one of the Cocoa Beach City Commissioners.  This has been an uphill, ongoing ordeal, with everything from unwilling sellers, the best and worst that the world of politics could throw at it, and very real citizen concerns.  During this process the County and its EEL Program stepped up to help.  We are now at the last chance point in this process.  I’m happy to advise you that most people strongly support this purchase.  Cocoa Beach City Commission, Cocoa Beach and Brevard County citizens, the Cocoa Beach Land Management Committee, EEL’s as a top priority purchase, and State environmental scientists all recognize the historical and ecological significance of these tidal islands.  Over the next five to seven years, once the management plan comes to fruition, the positive impact to our lagoon system will be overwhelming, not to mention the quality of life issues that affect all of us in this estuarial community.  Some will justifiably question the cost.  Others and I justifiably question the cost of failing to do this.  Historically every natural park and every forward thinking environmental purchase has been applauded and respected by future generations.  We have a golden green opportunity in our hands.  Your decision today to approve the purchase of these islands will be the courageous and right thing to do.  For the sake of Brevardians for generations to come I ask that you approve the purchase of what will be the emerald jewels of our lagoon river system.  Thirty or fifty years from now, long after we have survived the instant fiscal crisis your courage and foresight is what the citizens of the County will remember.”   

 

Scott Ellis stated some of this seems to revolve around the possibility of a lawsuit with Cocoa Beach; but just because Cocoa Beach can allow a zoning on the property does not mean the property can be built.  He stated clearly there can be zoning on the property and it can go nowhere in the building process.  He stated the County is paying more than $2 million over the appraised price for the property because of fear of development; but sometimes people need to step back and look at why a property has not been developed so far.  He inquired what is it about this property that makes the Board think it is going to be developed; and recommended the Board look at the physical engineering required to actually build the property.  He inquired what will it cost to do the permitting; if the property is covered with mangroves, how is the County going to mitigate that or mitigate the wetlands; and stated there are submerged lands which may be sovereign lands that are not even owned by the owner of the property.  He stated the only way to access the property is by boat, which means all the property on the south side of Fourth Street would end up being parking and a dock, if it can be built and mitigated for people to get to their property.  He stated there is a cost alternative that is often ignored, and that is whether someone would spend multimillions of dollars to develop this property versus buying an existing property on the Indian River, knocking the house down, and building the house they want.  He stated that is seen particularly in Cocoa Beach and other areas of prime property; older homes have been leveled and new homes built on the site because there are not the same permitting issues; and permitting property in the Thousand Islands will cost a fortune, far more than buying existing permitted property.  He stated the County is paying triple or more what the property is appraised; and there is no need to go into the quality of the appraisals as they are irrelevant at this price.  He noted there is nothing that is truly priceless; everything has a market value; and as stewards of the public purse, the Board is supposed to pay market value.  He stated this is not an emotional item for the Board; it is an item where the Board represents the entire County; and it has a job as trustees of public money to spend that money wisely and take the emotion from the expenditure.     

 

Maureen Rupe, President of the Partnership for a Sustainable Future, urged the Board to make the purchase.  She stated in time if the Board does not make this purchase, it will regret it.  She stated Jim Egan will be speaking later; and the Partnership supports whatever he says. 

 

Amy Tidd stated this is an exciting day; a few years ago the citizens looked around and saw what was happening to Brevard County; and they decided to fund the Environmentally Endangered Lands Referendum, so the County could buy such lands as are being discussed today.  She stated the Thousand Islands was one of the pieces that was talked about during the referendum because it is a jewel in the crown; and as Past Chair of Preserve Brevard, she recommends purchasing this property.  She stated this is a wonderful opportunity; and in the years to come, with the preservation of the Indian River Lagoon by the filtering of the mangroves and the stormwater, it will be seen as a wise decision. 

 

Jim Egan, Executive Director of the Marine Resources Council, stated this is not a situation in which the government is being asked to spend General Funds that will otherwise cost the
taxpayers more money; the taxpayers have said they want to be taxed to purchase lands for their own benefit and for the future; and this is a situation where they should be thankful that the citizens had the forethought to put this money aside for these reasons.  Mr. Egan stated when the Board looks at something like an evaluation and appraisal number, it has to understand that it is just a set of assumptions that produces a number as a result; and this set of assumptions assumes that the lands are virtually undevelopable.  He stated they are saying that the 51 upland acres are worth less than $20,000 an acre for waterfront acreage on the Indian River Lagoon in Cocoa Beach; and if anyone can get him an acre of land for $20,000 in Cocoa Beach that is on the waterfront, he will take it.  He stated how someone develops something like this is by mitigating by giving up the wetlands and submerged lands; they can build a very upscale community; and if they have to have access by boat, they will have access by boat, which is not difficult.  He stated they have seen the same thing happen in Indian River County with Lost Tree Islands; the County Commission pushed it off thinking it would never get developed; but they got so close to development that the County Commission ended up having to pay four or five times what it originally could have gotten the property for.  He stated if they tell the property owner he cannot do anything with a large piece of property with lots of uplands, the property owner is given no choice but to seek his legal protections and rights; and sooner or later the County is going to have to face having to purchase the property.  He stated the Thousand Islands, because they are islands have a tremendous amount of shorefront; and either shorefront is something that is good for the lagoon or something that is bad for the lagoon.  He stated if it is restored, it will be habitat for fish and birds; but if it is developed, there will be lawn chemicals and other things that are going to create an impact, so this will have four to ten times the impact of a similar development on the mainland.  He stated even if the County purchased the uplands at $100,000 an acre that would be a $5 million purchase, so the County is getting the uplands at less than $100,000 an acre.  He stated the Marine Resources Council believes that this is a tremendously valuable investment; the community was sold on the referendum partially as a result of these types of activities; the SMC has put this at its highest levels; they are the land acquisition experts; and they are not looking to purchase these lands just because they are a little community favorite; but the community loves the islands.  

 

Mary Hillberg urged the Board to purchase the Thousand Islands to protect them; stated this is what everyone wants to see happen; and as far as saying it would be expensive to develop the lands, Barbara Meyer of the MPO says, “if you have the money, you can do anything.”  She stated there is enough money somewhere to do what the people are afraid could be done; so the smart thing to do is to purchase this property.   

 

Commissioner Nelson stated Matt Sexton is with The Conservation Fund; and he has been instrumental in the Crawford acquisition and now the Reynolds acquisition.  He stated this is not the typical purchase for a variety of reasons; and requested Mr. Sexton give a synopsis. 

 

Matt Sexton, representing The Conservation Fund, thanked the Board and staff for having The Conservation Fund work with the County on this project; and stated they think it is a very important project and feature it in a number of their materials and on their website.  He stated this project is different than most of the projects in the County due to the nature of the land; this is a series of islands that are privately owned; they have done some preliminary title work that shows the submerged lands are privately held, so they are not property of the State; and what can be done with those types of lands is not clear.  Mr. Sexton stated Mr. Egan referenced the Lost Tree Islands; and that is probably the most relevant example.  He stated the Lost Tree Islands was a series of spoil islands in the Indian River Lagoon in Vero Beach; in the early 1990’s the County tried to purchase those islands along with the State; and they had an opportunity to buy those islands for between $4 million and $5 million.  He stated Indian River County decided the islands could not be developed, so they passed on them; about three or four lawsuits later, they decided to pursue them again and had an opportunity to buy the islands at $13 million; but the County did not want to pay more than $11 million, so it continued to fight the lawsuits.  He stated a few more years passed and few more lawsuits were filed; and finally the Indian River County Commission decided it could not afford to continue fighting the lawsuits and was willing to proceed with purchasing.  He stated Indian River County ended up paying $15 million; and they were happy to buy them at that point.  He stated they realized it was important to buy these lands; there was definitely a risk of development; and from the standpoint of comparable projects around the State, that is the most relevant and summarizes a lot of the issues the Board is facing.  He stated the owners would be faced within only one alternative, which would be some sort of litigation to deal with what they could do with the islands; the owners have the means to do that, although they have not threatened to do so; but they would have no alternative. 

 

Commissioner Nelson stated this has been in the works as long as he has been in Brevard County; the County first started talking about the acquisition in the 1990’s; in 2004, the EEL Program referendum passed by 70% in Cocoa Beach; and he checked to see the level of support because these are some of the priciest properties and potentially they would be the least beneficiaries of the program because there was not a lot in that area at that time that could be acquired.  He stated since the contracts have been negotiated, there have been ongoing discussions; there has been all sort of fighting over the Australian pines, which is an irony; but the one thing that was agreed upon was the need to own the Thousand Islands.  He stated the City of Cocoa Beach has been nice enough to support the acquisition; the residents support the acquisition; and given the fact that there is going to be some State money as well and the complexity, he thinks Mr. Sexton has done a great job of negotiating the price. 

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to approve the Assignment of Option for Sale and Purchase of the Reynolds Property; authorize the Chairperson to sign the Assignment of option for Sale and Purchase; and authorize staff to exercise the Option for Sale and Purchase on or before January 23, 2008.  Motion did not carry; Commissioners Scarborough, Nelson, and Bolin voted aye; Commissioners Voltz and Colon voted nay. 

 

 

Chairperson Colon advised the motion passed.  Commissioner Nelson noted two Commissioners voted against it, and inquired if it takes a super-majority for approval.  Commissioner Scarborough stated if the Board exceeds the appraisal by a certain amount, it requires a super-majority.  County Attorney Scott Knox advised it does if the Board exceeds the average of the appraised values.

 

Commissioner Voltz stated she talked to Mr. Sexton earlier; and the reason she voted against this is because there are a lot of submerged lands that is never going to be developed, so all the Board is doing is giving someone money for their land that has been there forever.  She stated they need to go back and negotiate further for a price; she might be able to support it then; but she cannot support it at the current price. 

 

Commissioner Nelson stated he saw a project in South Brevard that is a connection of properties that is going to be a similar discussion.  He stated from time to time the Board is faced with some unique problems that it is going to have to deal with; and it is a slap in the face to the citizens of Cocoa Beach who have put a lot of time and effort into this issue.  He stated this is the kind of property the program was originally intended for; Mr. Sexton did a tremendous job in getting some difficult owners to come to agreement because the original asking price was $6 million; and this sends a terrible message.  He stated if this is the standard the Board is going to create, that is what it is, but the Board should beware of what it is asking for because at some point each Commissioner within his or her District is going to be faced with these kinds of considerations.  He stated Cocoa Beach supported the program by 70%; and it is a mistake not to put this property in public ownership.  He stated people are talking about the amount of wetlands, but not the amount of uplands; there are fifty acres of uplands; a big chunk of that is immediately across from the property that could be accessible; people could literally swim to it; and it is also immediately across from a City park.  He stated this could be a circumstance where there could be houses overlooking a City park because the property can and will be developed; and he is not sure what happened in South Brevard, but on Merritt Island, properties that he never imagined could be developed have been developed within the last three years.  He stated with enough money, people were able to push into the wetlands and create lots; so he is disappointed with the Board because this would have been a good acquisition. 

 

Commissioner Bolin stated she wanted this property to be purchased for a couple of reasons; it is exactly what the EEL Program was made up for; and this project was pushed as one of the things that would be done with the EEL money when it went to referendum.  She stated there is also the involvement and the agreement with a municipality; and it is a good and necessary thing.  She stated if someone has enough money, the development can be done; and she does not want that to happen to these islands. 

 

Commissioner Voltz stated when Commissioner Nelson talks about what is going on in South Brevard, currently there are contracts that are going to come before the Selection and Management Committee (SMC) on Friday with $53 million, which is all the money in the EEL Program; and none of that is being spent in South Brevard.  She stated it is all being spent in the north part of the County even though the majority of the population is in South Brevard, and the South Brevard residents are the ones paying taxes and not getting any benefit.  She stated the SMC is going to come forward, make recommendations for property that is in North Brevard; the population in South Brevard is not going to get any benefit; and that is unfair for the wildlife corridor that Commissioner Nelson was talking about.  She stated the majority of the developers and builders are looking to do a wildlife corridor if the EEL Program comes on board with them; and a lot of people wanted for the properties to be purchased so they are not developed.  She stated the developers in South Brevard are more than willing to give up millions of dollars in development property so there can be this wildlife corridor; the State has approved it and thinks it is a good idea; but those in South Brevard, which is Districts 3, 4, and 5 need to know that all the money is going up north potentially. 

 

Chairperson Colon stated the Board is one body; and she is not voting against this because of that.  She stated it is very important to realize that when the Commissioners vote, it is not just looking out for their own Districts.  Commissioner Voltz stated she has to look out for South Brevard.  Chairperson Colon stated that is fine; but she wants to make sure the people know Commissioner Voltz is speaking for herself.  Commissioner Voltz stated she is speaking for herself and for a lot of people in South Brevard. 

 

Commissioner Nelson stated the 1990 referendum for the most part went to South Brevard; and this is a balancing of that.  He stated if they look at the amount of lands and the expense paid in South County for EEL’s, the rest of the County has been treated unfairly.  He stated fortunately it is done based on where the properties warrant acquisition because of the criteria; it is a science-based program; and after the first round, most of that land was in South Brevard.  He noted they got the State involved, and they are continuing to expend money down there; and to say it is unfair that the north is getting something is unfortunate because that is not the reality.  He stated the reality is that the bulk of it has been spend in South Brevard, and rightfully so; and it was supported by the Board.  He stated the issue of the wildlife corridor is an interesting concept; he talked to those representatives; but it was clear that it was going to take the support and help of the EEL Program to create the opportunity for development, so they are asking the Board to partner to facilitate development.  He stated he is not saying that is necessarily a bad idea given the right set of circumstances; but that is the deal.  He stated in this case there is a circumstance where development that could be detrimental to the lagoon will occur if the County does not act; and that is a huge difference, so they are not comparable.  He stated South Brevard has done very well; other parts of the County, which also pay that tax have not benefited dramatically from it; the Board should look at it from a balance; and it is not all going to the north. 

 

Commissioner Voltz stated she is not sure where Commissioner Nelson is coming from when he talks about development because the developers are giving up a lot of development rights in order to put the wildlife corridor in; there is going to be a lot fewer homes and development if they do the wildlife corridor; and it is not encouraging development, but not putting it in with encourage a lot of development. 

 

Commissioner Scarborough stated if the Board looks at who has been treated unfairly, it is Commissioner Bolin’s District.  Chairperson Colon noted District 4 got all the money for the Pineda.  Commissioner Scarborough stated one of the things that came up in some of the discussions was about equitable distribution; since the Board is not voting on a North Brevard purchase at this time, those discussions would be best left until that particular moment; and inquired about reconsidering the previous motion.  He stated it is his understanding when someone votes in the majority, they can make the motion to reconsider; and if he made the motion to reconsider and the three Commissioners who voted for this joined him, it would be possible to reconsider.  He stated they could then make a motion to have it tabled and bring it back on the next Agenda because a majority would carry both of those cases, even though the Board needed a super-majority to acquire.  He inquired if the Board has the capacity to first move to reconsider and then table the reconsidered item; with Mr. Knox responding that is correct. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to reconsider the previous motion, which did not carry, to approve the Assignment of Option for Sale and Purchase of the Reynolds Property; authorize the Chairperson to sign the Assignment of option for Sale and Purchase; and authorize staff to exercise the Option for Sale and Purchase on or before January 23, 2008.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough stated he will make a motion to table; and inquired when would Commissioner Nelson like the item to come back; with Commissioner Nelson inquiring if October 23 would be problematic.  EEL Program Manager Mike Knight stated the only concerns would be the length available in the Contract to complete the due diligence; they will not start the survey process on the islands, which will be lengthy, until the Board approves the acquisition; and there are some concerns about completing that within the timeframe.  Commissioner Nelson stated that is as good as it gets.  Chairperson Colon stated they do not have anything now; and inquired what surveys Mr. Knight is referring to.  Commissioner Nelson stated Mr. Knight was just answering the question asked.  Commissioner Scarborough stated it makes it problematic; but October 23, 2007 will be it. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to table consideration of Option Agreement for Sale and Purchase with Universal Sales Corporation, Nancy M. Roberts, JWY Martin III, and Trustees of the J. Louis Reynolds Trust for the Reynolds Parcel of Thousand Islands to October 23, 2007. 

 

 

Chairperson Colon inquired what will be accomplished; with Commissioner Scarborough responding time will accomplish what time accomplishes. 

 

Chairperson Colon stated staff knows what it has to do; and called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

REVISED POLICY BCC-22, RE:  RECORDS MANAGEMENT PROGRAM  (CONTINUED)

County Attorney Scott Knox stated in the Policy BCC-22, which the Board previously approved, there is a word change that needs to be made on page two, paragraph 3.b, from “archived” to “inactive.” 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Policy BCC-22, amended to change “archived” to “inactive” on page two, paragraph 3.b.  Motion carried and ordered unanimously. 

 

 

 

County Manager Peggy Busacca stated staff checked with all the Commission offices with the exception of District 5; and every Commissioner, except Chairperson Colon who will be out of town, will be available before the zoning meeting on October 4, 2007 and three Commissioners would be available on October 9, 2007.

 

The Board reached consensus to authorize scheduling an executive session to discussion IAFF Rank and File negotiations. 

 

 

 

Chairperson Colon stated the Board will be going into Executive Session; those who will be present are Commissioners Scarborough, Nelson, Voltz, Bolin, and Colon, County Manager Peggy Busacca, Deputy County Attorney Shannon Wilson, and Angel Hampton of the Brevard Associated Court Services, Inc.  She advised the executive session will be less than an hour. 

 

 

 

Upon motion and vote, the meeting was adjourned at 11:53 a.m.

 

 

                                                                        _____________________________________

JACKIE COLON, CHAIRPERSON

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

   

          (S E A L)