MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

December 12, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on December 12, 2006 at 9:04 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 Deputy County Attorney Shannon Wilson.

 

 

The Invocation was given by Rob Medina, District 5. 

 

 

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Minutes of September 18, 2006 Special, September 19, 2006 Regular, September 26, 2006 Special, September 26, 2006 Final Budget, and October 5, 2006 Zoning meetings.  Motion carried and ordered unanimously. 

 

 

Bob Abbott, member of Shekinah Voices, introduced other members, Melissa Burgos-Abbott and Elizabeth Schwarz.  The group sang “Emmanuel.”

 

Chairperson Colon commented on soldiers who are away from their families at Christmas. 

 

 

 

Santa Claus stated there have been some changes on the Board in the past year; and stated he has faith in the Board’s judgment, and hope, love, and concern will be the words in 2007.  He read aloud a Christmas poem by Roger Hancock; and presented a gift to each Commissioner, the County Attorney, and the County Manager.  Santa Claus wished everyone a Merry Christmas.

 

 

 

Jack Masson introduced Mike Shapiro, Senior Vice President of the Washington Nationals Baseball Club. 

 

Mike Shapiro, on behalf of the Washington Nationals, the Lerner family, and their partners, thanked the Board and staff for all the support they have given to help get the stadium fixed up and ready for Spring training; and stated they hope for a long partnership.  He stated they are aware that over the past years, there have been some changes with ownership; and the ownership groups in the past may not have given enough attention or thanks to the community for the support the teams have been given.  He stated they want to start something new; his first direction was to concentrate on the community and create a partnership; and they expect to do that in many ways.  He stated they kicked it off last night; they appreciate everyone coming out; and introduced Manager Manny Acta. 

 

Manager Manny Acta stated he was previously with the Expos; he spent a couple of Spring trainings in Brevard County; and it is a great community for baseball.  He stated he lives in St. Cloud and used to manage in Kissimmee, so he is familiar with the area; and it is a great time to be affiliated with the Nationals.  He stated he felt bad for the community at times because it did not have the ties that it is going to be able to have now; he remembers when the Marlins were here and then moved on; then the Expos came; and now it is the Nationals.  He stated the kids of the community for a time did not feel that they had any ties with a team; it is a great time to do it now; and that is why he took this job.  He commented on the team having a plan in place, long-term commitment, and wearing red, which is the Washington Nationals color.  He stated they are very happy to be here; they are in for a long run; and it is a very exciting time for them. 

 

Chairperson Colon stated that goes for everyone on the Board; they are blessed to have the team in the County; and commented on Senator Martinez and the Mayor of Washington, D.C. visiting the County.  She stated it is a partnership; the children in the community need role models; and she is happy that Mr. Acta mentioned the children. 

 

Commissioner Voltz apologized for not attending last night; and welcomed the team to the community.  She stated it is important to interact with the community; and advised of situations in the past where players would not sign children’s baseballs.  She stated she hopes everything is going to change; it seems like the team is willing to work with the community; and she appreciates that. 

 

Mr. Shapiro stated last night they had an action; Mr. Acta was kind enough to sign for all the kids; they also had autographed shirts, bats, and everything; and they raised some money that will be coming back into the community.  He stated they intend to do that on an ongoing basis; and presented the Commissioners with Washington National baseball hats and baseballs.

 

Commissioner Nelson stated last night he was impressed with the turnout; and commented on optimism for the upcoming season.  He stated he is looking forward to having the team in the community; and he and his fantasy football team will be attending a Spring training game. 

 

Commissioner Bolin stated this morning when her staff came in they were carrying a bat, which put her off guard for a moment until it was explained that the bat was to be put in the office so they could become avid fans.  She stated her staff’s goal is to teach her about baseball. 

 

Commissioner Scarborough wished the team a winning season.   

 

 

 

Commissioner Bolin read aloud a resolution congratulating Nancy Smith upon her retirement as Senior Emergency Management Coordinator. 

 

Motion by Commissioner Bolin, seconded by Commissioner Scarborough, to adopt Resolution congratulating Nancy Smith upon her retirement as Senior Emergency Management Coordinator.  Motion carried and ordered unanimously. 

 

 

Commissioner Bolin presented the Resolution to Ms. Smith who expressed appreciation to the Board; and advised she is proud to have served the community. 

 

 

 

Natural Resources Management Director Ernie Brown advised none of the members of the Landscaping, Land Clearing, and Tree Protection Task Force could be present today.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution recognizing the Landscaping, Land Clearing, and Tree Protection Task Force.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson presented the Resolution to Mr. Brown, who accepted on behalf of the Task Force. 

 

 

 

Commissioner Nelson read aloud the resolution recognizing National Homeless Persons’ Memorial Day.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution recognizing December 21, 2006 as National Homeless Persons’ Memorial Day.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson presented the Resolution to Rosa Reich, who expressed appreciation to the Board.  Ms. Reich commented on the number homeless persons who have died during the year; and members of the group with Ms. Reich introduced themselves and identified the agencies they represent. 

 

Chairperson Colon inquired if there is a number that people can call if they wish to help the homeless; with Ms. Reich responding they can call the 211 help line.    

 

 

 

Commissioner Scarborough stated Lloyd Morris of the Warbird Museum and Charlie Mars of the U.S. Space Walk of Fame Museum are present today; they will be making presentations to the Delegation on behalf of themselves; and it is appropriate that they should get resolutions of support. 

 

Commissioner Scarborough read aloud a resolution supporting funding from the State for an expanded Warbird Museum and U.S. Space Walk of Fame Museum at the Space Coast Executive Airport. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution supporting funding from the State for an expanded Warbird Museum and U.S. Space Walk of Fame Museum at the Space Coast Executive Airport.  Motion carried and ordered unanimously. 

 

 

Mr. Morris expressed appreciation to the Board for its support.  Mr. Mars expressed appreciation to Commissioner Scarborough for his support over the past five to six years. 

 

Commissioner Scarborough presented the Resolution to representatives of the Museums.  

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution supporting a National Sculling Trailing and Competition Site on the south side of the C54 Canal.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough requested Chairperson Colon explain what this would mean for the community.  Chairperson Colon read aloud the Resolution supporting a National Sculling Trailing and Competition Site on the south side of the C54 Canal; and stated it will be a partnership with FIT and Indian River County.   

 

 

 

Commissioner Scarborough stated Jacob Hudek is sick and unable to attend today, so he will present it to Mr. Hudek at a later time.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution congratulating Jacob Paul Hudek on his achievement of the rank of Eagle Scout.  Motion carried and ordered unanimously.   

 

 

 

County Manager Peggy Busacca requested Items VIII.A.2, Real Estate Option Agreement with Champion and Nellie Waring, Re:  Chain of Lakes Park Project, and VIII.B.1, Contract Renewal with Community Housing Initiative, Inc., Re:  Administration of Brevard County’s First Time Homebuyer Program be deleted.  She stated Item IV.A.15 is erroneously shown as being in District 5, but is in District 3.  She requested Item IV.A.16, Final Engineering and Preliminary Plat Approvals, Re:  Hamlin Grove Subdivision be removed from the Consent Agenda; and advised it will be rescheduled at a future meeting. 

 

 

 

County Manager Peggy Busacca stated today is Assistant County Manager Ed Washburn’s last meeting before he retires; he made her promise not do anything special; but she wants him to know how much everyone has appreciated working with him and how sad, lonely, and quiet the office will be without him.  She stated she hopes Mr. Washburn will enjoy his retirement.

 

Commissioner Scarborough expressed appreciation to Mr. Washburn for his ability to communicate some of the more complex rules and how they apply to individual cases, which has allowed continuing communication with the community in difficult moments. 

 

Commissioner Voltz commented on Mr. Washburn’s level head and his ability to solve problems without having people upset.  She stated the County has been proud to have Mr. Washburn as an employee, and he will be missed.  She expressed appreciation for everything Mr. Washburn has done to help her over the years. 

 

Commissioner Bolin stated she has only worked with Mr. Washburn a short time in her present capacity; but when they worked together previously, she always thought of him as the “get her done guy.”  She expressed appreciation to Mr. Washburn, and wished him well in his new adventures. 

 

Commissioner Nelson stated Mr. Washburn brought a rare commodity to government, common sense; sometimes the rules can be complex; and he always appreciated Mr. Washburn’s wisdom in walking them through the difficult times.  He stated he will miss Mr. Washburn.

 

Chairperson Colon stated she is hoping this is a just a bad rumor and that Mr. Washburn will change his mind before January 1; he will be truly missed; and he set the bar by bringing a different way of dealing with people, with common sense, compassion, and respect, which she hopes will continue.

 

 

 

Chairperson Colon stated at 11:30 a.m. there will be an Executive Session upstairs. 

 

 

Chairperson Colon called for the public hearing to consider an ordinance for economic development ad valorem exemption for Harris Corporation.

 

Commissioner Voltz stated Steve Sheffield, Senior Tax Manager for Harris Corporation, is in the audience. 

 

Steve Sheffield, representing Harris Corporation, stated in the past two years annual sales for Harris Corporation were $2 billion; last fiscal year the annual sales were $3.5 billion, which is a lot of growth; and CEO Howard Lance reported that expectations for the current year are for an increase of 13% to 15%.  He stated he works at the Palm Bay facility, which is headquarters for most of the construction in Brevard County; there has not been a lot of growth in terms of the facility there, although there has been a lot of head count growth; and they are now at the point that if they are going to continue all this growth, they have to decide where they are going to do it.  He stated most of their growth has been in the Washington D.C. area and in the New York area; they are doing an analysis of where the company is going to continue to grow; there are some opportunities in the commercial satellite business at the Palm Bay facility; and if they choose to pursue that, they will need a new building.  He stated the building they are planning, if they go forward, will be a 65,000 square-foot building; it will be a $15 million cost to the company plus $2 million in capital; and they expect it would create and maintain at least 150 new well paid jobs in the Palm Bay area.  He stated he has been assigned the task of doing the cost/benefit analysis; and it is his job to find out what the taxes will be and what abatements are available.        

 

There being no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance granting an economic development ad valorem exemption to Harris Corporation, Palm Bay, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Harris Corporation; and providing an effective date.  Motion carried and ordered unanimously.   

 

 

Chairperson Colon called for the public hearing to consider an ordinance for economic development ad valorem exemption for Coastal Mechanical Services, LLC. 

 

Kimberly Brown, CFO for Coastal Mechanical Services, LLC, stated the company was founded in 1986; it took over a small sheet metal shop that was manufacturing ductwork for Cape Kennedy; and they have exploded this business to a 400-employee company, of which 194 are in Brevard County.  She stated this year they will do $60 million; they need to expand their manufacturing operation; their sheet metal and pipe pre-fab operations have given them the competitive edge; and the business has now become the number one recognized HVAC contractor in the State and is widely known throughout the industry.  She stated the company services all of Florida; they have offices in Brevard County, Jacksonville, Orlando, Tampa, and West Palm Beach; and their delivery system is such that the access to I-95 makes it feasible; but if they cannot get the economic benefits they need locally, they would look to the I-4 corridor to expand the operation.  Ms. Brown stated there would be approximately 40 new jobs relative to the 12,000 square-foot expansion; it is a metal building; and the property has already been acquired by an affiliated company.  She stated they are still working through all the logistics, but given the barriers they have already encountered, it is not out the realm of possibility that they will have to look somewhere else where it is more economically feasible.  She commented on involvement with the community, the Economic Development Commission, the Chamber of Commerce, and educational programs; and stated they feel this is where they belong, but they want to make the right business decision.  She requested the Board  consider the request for abatement. 

 

Chairperson Colon inquired what the number of jobs is; with Ms. Brown responding 40 local jobs; indirect benefit will be approximately $1.9 million; and average salary will be $42,000. 

 

There being no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance granting an economic development ad valorem exemption to Coastal Mechanical Services, LLC, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Coastal Mechanical Services, LLC; providing an effective date.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Voltz advised she will be having an open house in her office on Monday, December 18, 2006, from 3:00 p.m. to 6:00 p.m.; and invited everyone to attend.

 

 

 

Commissioner Bolin wished everyone a Merry Christmas, Happy Holidays, and blessings to everyone and the troops.

 

 

 

Reverend Norman Gleason, Mt. Moriah Missionary Baptist Church, stated Kathleen Drane will provide an overview. 

 

Kathleen Drane, representing Congregations for Community Action (CCA), stated the group is an organization of nine churches of various denominations that are working to improve quality of life in the community through faith-based action; they have been in the County for six years; and the leaders have worked on summer programs for kids, beach park safety, the working homeless, transportation, road safety, neighborhood improvement, and crime, as well as identifying and working to resolve disparities in the 911 phone system.  She stated they are
currently beginning research into the children’s health care crisis; and working with city and County officials, they have begun to have a positive impact on the community.  Ms. Drane stated Reverend Gleason will tell the Board more about the community.

 

Reverend Gleason stated the organization is concerned with unlocking the power of the community; his group has worked in the Powell Subdivision on two major projects involving the Liberia Street road drainage improvement; and they have fostered other projects as well that have come from the community.  He stated this has united the community with the public officials; and the group has been instrumental in bringing the police from Melbourne and Palm Bay together with the citizenry in that area.  He stated it is also addressing the issue of drug dealing in the area; the DEA has been involved; and it all started with the CCA group by bringing the community, city officials, and the churches together.  He stated they will be addressing other issues, such as health care and family housing.  He wished everyone a Merry Christmas. 

 

Chairperson Colon inquired if there is a number that people can get in touch with the group; with Ms. Drane responding Janice Everson has an office at Ascension Catholic Church and can be reached through that office.  Chairperson Colon stated the telephone number is 321-254-1595, extension 3067.

 

 

*County Attorney Scott Knox’s presence and Deputy County Attorney Shannon Wilson’s absence were noted at this time.

 

 

 

County Attorney Scott Knox stated he received an opinion from Attorney General Charles Crist; the County had asked for an opinion whether the County could settle its dispute with the School Board by advancing a million dollars in payment to Odyssey Charter School, repayable from Educational Impact Fees; and the AGO says the County has the authority to do that, should the Board choose to settle the matter that way. 

 

Commissioner Voltz stated that is very good news; and inquired if that means the Board can only give the school a million dollars.  Mr. Knox advised that is an issue that will have to be resolved in the dispute resolution process, but Mr. Crist is saying if the Board decides to settle it by advancing money from County funds to Odyssey, it can do that.  Commissioner Voltz stated there has really been no effort on the part of the School Board to help resolve the issue.  Mr. Knox advised there is a scheduled joint meeting on December 19, 2006.  Commissioner Voltz inquired what will happen if that meeting is not held; with Mr. Knox responding they will have to reconnoiter and decide what to do next.  Commissioner Voltz inquired if the School Board chooses not to meet, can the Commission meet anyway to make a decision.  Chairperson Colon advised the County Manager was supposed to let the School Board know that the Commission still wanted to meet; and inquired what was the feedback.  County Manager Peggy Busacca stated Dr. DiPatri is very disappointed that a date could not be worked out where all five School Board members could be in attendance; and he thought that courtesy should be extended to the School Board.  Chairperson Colon inquired if Dr. DiPatri is aware that
there is a meeting on December 19, 2006; with Ms. Busacca responding yes.  Mr. Knox advised the meeting is scheduled for December 19, 2006 at 3:15 p.m.

 

Commissioner Nelson inquired if there is a technical reason the meeting has to be held on December 19, 2006; he knows there is some frustration; it is the Christmas season; and he does not know that the School Board members are avoiding the meeting as much as someone may be out of town for the holidays.  Commissioner Voltz advised four School Board members will be present. 

 

Chairperson Colon stated Commissioner Bolin was present when the Board discussed Odyssey previously and was able to witness the frustration; it is important that the new Commissioners get copies of several of the meetings so they can see the long discussions that happened; and because of those, the Board is not willing to change the time or date of the meeting.  She commented on meetings that were supposed to take place between County staff and School Board staff but have not, need for both bodies to meet, unwillingness to change the date, and frustration.  She requested Mr. Knox provide a little more feedback regarding the timing.  Mr. Knox advised he and Ms. Busacca have been trying to set up meetings with School Board staff for a couple of months but were unsuccessful; they reported that to the Board, which decided to move forward with a joint meeting with the School Board; staff had met before this to come up with a proposed resolution for the matter; and the Board sent them back to renegotiate, which is when they could not get together.  Chairperson Colon stated when that mediation took place, there were several people at the meeting including Odyssey staff and County staff; there were things that were agreed upon; and a letter came back from the School Board; but at that point different parties felt that was not what was agreed upon at the meeting.  She stated it has gone back and forth; that is why it is best for the Board to hear what the School Board has to say; and commented on inability to pick a perfect date for the meeting.  She stated they need to move forward; and recommended Commissioners Bolin and Nelson be given copies of the meetings so they can hear the testimonies of both sides.  She stated at a previous meeting Chairman Jordan came to speak to the Board; the Board told him it wanted to work very closely with the School Board and have a positive dialogue. 

 

Ms. Busacca advised if the Board meets without the School Board, the Legislative Delegation meeting will not be able to be telecast live.  Chairperson Colon stated the meeting does not have to be televised; but she wants minutes of the meeting.  Commissioner Voltz stated the Board does not know if the rest of the School Board members will attend; and she assumes that four members will attend.  Ms. Busacca stated she assumes that as well.  Chairperson Voltz stated she does not want the same thing that happened with Tico Airport Authority; and requested a letter be sent to each School Board member advising the meeting is taking place so there is no lack of communication. 

 

Commissioner Bolin stated she is up to speed on the issue; and would like to move forward.

 

Chairperson Colon inquired if Commissioner Nelson needs anything else; with Commissioner Nelson responding he was able to observe much of the discussion when he was not on the board, but he would be more comfortable if all the School Board members were at the meeting.  He stated they are rushing into this at a time when there are legitimate reasons for people not to be present; but if the Board wants to go forward, that is fine.  Chairperson Colon inquired if

 

Commissioner Nelson had an opportunity to speak to the folks from Odyssey School and from the School Board yet; with Commissioner Nelson responding they are scheduled to come to talk with him about the issue.  Chairperson Colon recommended Commissioner Nelson get feedback from the School Board members and Dr. DiPatri so he will have both sides of the story. 

 

 

 

Chairperson Colon commented on concerns regarding the Palm Bay Road widening; advised it went from January 2007 to possibly 2012; and the Delegation was receptive to the Board’s seriousness and how much of a priority it is for the Board.  She stated one of the things that was discussed with Bob Kamm was that there could be a partnership between the different municipalities and the County; they could start the project by putting out the money first and getting reimbursed by the State; and that is something they will look at to see if it is possible.  She stated the City of Palm Bay has been in close touch with her office; the City is very concerned over this issue; she wanted to bring it to everyone’s attention that this was brought up yesterday at the Delegation meeting; and she is sure the City of Palm Bay will bring it up again.  She stated there is concern on the part of the Cities of Melbourne, West Melbourne, and Palm Bay; it is a joint effort to make sure it comes forward for next year; and 2012 is not acceptable.    

 

 

 

Dean Higley stated he is the plant manager for LRM Industries, which is a company that is relatively new; it is a joint venture between a large company, Nova Chemicals and a small company, Envirocare Technical; and they currently have the plant in Rockledge.  He advised of an open house held in August; and extended an open invitation to anyone who wishes to see the plant.  He commented on putting in $3 million in new equipment, unique process to form large items out of thermoplastics, and invention of a new technology by Dr. Dale Polk.  He stated Dr. Polk’s technology allows them to make very large parts with low forming pressures, so the capital and equipment which was the limitation on other process is now no longer the limit, so they are able to make bigger things than other plastic forming technologies.  He stated two of the products would be of direct interest potentially to the County and the State; and distributed brochures showing the company’s capabilities and some pictures showing the products, including docks and mooring concepts.  He advised of a dock built in the County that in 2004 withstood three hurricanes; and stated they are investigating and developing emergency relief shelters. 

 

Chairperson Colon thanked Mr. Higley for bringing this information forward. 

 

 

 

Walter Pine stated there was a meeting recently with the Scottsmoor Community Association, of which he is a member; Commissioner Scarborough attended the meeting; and he was disappointed in the way the meeting went.  He stated when things did not go well, Commissioner Scarborough dismissed the County employees, which is a violation of the Charter; the County Commissioners are not supposed to be directing staff; and advised the meeting was videotaped.  He commended staff that stayed at the meeting, and gave useful information to the public, including Keith Fountain of The Nature Conservancy (TNC), and Mike Knight and David Drake of the EEL’s Program.  He commented on being negative in the past and requiring accountability from EEL’s and TNC, staff providing information at the meeting, contentious nature of the meeting, and fairness in commending staff. 

 

Commissioner Scarborough thanked staff; stated staff did an excellent job with a very complex issue dealing with buying part of a PUD and appraisals; and commended Robin Sobrino, Mike Knight, David Drake, and Keith Fountain.

 

Commissioner Voltz stated it was mentioned that some of staff had done something wrong in the past; but the Board has never found staff to do anything wrong or illegal, or anything of which the Board would be ashamed. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to add Paden Woodruff and Wyatt Werneth or their designees to the previously approved Selection/Negotiations Committee to evaluate and award the best-ranked proposal received for the Multipurpose Artificial Surfing Reef Feasibility Study.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the wetland enhancement plan as submitted to the Natural Resources Management Office, which will provide the appropriate documentation and direction necessary for wetland impacts at the proposed Isle of Merritt Estates Development.  Motion carried and ordered unanimously.     

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution authorizing staff to take action against the cash sidewalk performance bond issued to guarantee the construction of sidewalks for River Oaks Estates Subdivision.  Motion carried and ordered unanimously.     

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve waiver to the height of subdivision wall entrance features at Hacienda Del Sol in Merritt Island, as requested by R. J. Kennedy Construction, Inc.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing the Contract dated May 16, 2006 with The Viera Company for Stadium Parkway, Phase 3.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing Contract dated January 10, 2006 with The Viera Company for Eason Landing Subdivision, Phase 1.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing the Contract dated April 11, 2006 with The Viera Company for Breslay Drive.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant a six-month extension for the Galzerano Townhomes, SP #05-11-005 in order to allow the applicant to complete the final plat process on the project.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Extension Agreement with Indian River No. 1 Developers, LLC, guaranteeing infrastructure improvements for Aquarina Boulevard.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Site Plan Infrastructure Contract with Wendell Corey for Northern Tool, SP #05-07-011.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Roadway Repair Contract with Harbor Homes, LLC for Marina Village Condos, SP #02-10-012.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Church at Viera Landing, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive the maximum two-lot requirement to allow a third lot to utilize the same easement for an additional building permit, as requested by Thomas Alan Curry.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing the Contract dated January 27, 2004 with The Viera Company for Viera Drainage Basin 5.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve waiver to the buffer wall requirement, Section 62-3204(g), along the north and west property line of the proposed development, Florida Power and Light Barefoot Substation, SP #05-10-001.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Levanto Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing Contract dated April 25, 2006 with The Viera Company for Fairway Lakes Subdivision, Phase 2.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution releasing the Contract dated January 10, 2006 with Lennar Homes for Heritage Isle Subdivision, Phase 5.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant final plat approval for Daintree Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

CONTRACT WITH DENNIS CHAMBERS, RE:  IMPROVEMENTS FOR COUNTRY OAKS
     SUBDIVISION                                                                                                                                                      

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Subdivision Infrastructure Contract with Country Oaks LLC for Country Oaks Subdivision guaranteeing infrastructure improvements.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize purchase of a Van-Con sewer cleaner (VacTruck) at $179,787, which includes a trade-in of $17,200, based on the Florida Department of Transportation Contract No. PO384.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Real Estate Leases with Florida East Coast Railway, LLC for lease of a borrow ditch at Mile Post 147+1072’ and Lease of space for road purposes at Mile Post 167+3444’ in District 1.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to authorize staff to utilize written quotations to acquire construction materials or services on a job-by-job basis for Road and Bridge construction projects; and authorize the County Manager or designee to award to the lowest responsive quotation through September 30, 2007 for materials and services on annual bid that contracted vendors are not able to provide during this time.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Interlocal Agreement with the City of West Melbourne for transfer of funding for the Florida Avenue Extension Project.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with the Brevard County Sheriff’s Office and Deer Lake Homeowner’s Association for traffic control enforcement.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Interlocal Agreement and County Deeds with the City of Cocoa Beach for the transfer of ownership and maintenance of Ocean Beach Boulevard from East Cocoa Beach Causeway to Young Street and for the East Cocoa Beach Causeway from S.R. A1A to Ocean Beach Boulevard.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to bid the construction for listed projects and award the bids to the lowest responsible bidder; and authorize the Chair to execute the contracts.  Motion carried and ordered unanimously.      

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve and accept the Temporary Construction Easement between Brevard County and Marion and Bonnie Ranzino; waive the Phase 1 Environmental Assessments; waive the deed and plat restrictions on the project; waive the Florida Power and Light, BellSouth, and public utility easements which will be subordinated or relocated on a project-wide basis at a later date; and authorize the Land Acquisition Office to order payment in the amount of $3,900 for the easement and conduct the closing for the property, which is needed for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, approve and accept the Temporary Construction Easement with Naveen Venkatachalam; waive the Phase I Environmental Assessments; waive the deed and plat restrictions on the project; waive the Florida Power and Light, BellSouth, and public utility easements which will be subordinated or relocated on a project-wide basis at a later date; and authorize the Land Acquisition Office to order payment in the amount of $2,300 for the easement and conduct the closing for the property, which is needed for the Wickham Road Widening Project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute the Release of Temporary Easement with Walter A. and Mary R. Cerrato for The South Forty Subdivision in Titusville, as the Temporary Easement currently clouds the title of the property to be developed.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute County Deed conveying interest in right-of-way to the Florida Department of Transportation for the State Road 513 (South Patrick Drive) roadway improvement project, between Desoto Parkway and State Road 404 (Pineda Causeway).  Motion carried and ordered unanimously. 

 

 

           

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive the Phase I Environmental Assessments, the deed and plat restrictions on the project and the Florida power and Light, BellSouth, and public utility easements, which will be subordinated or relocated on a project-wide basis at a later date; and execute the Contract for Sale and Purchase with Tusharbhai and Amisha Patel for property needed for the Wickham Road Widening project, between Nasa Boulevard and U.S. 192.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Lease Agreement with Barefoot Bay Recreation District for office space for utility customer service personnel for three years with an option to extend the least for an additional year.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the recommendation of the Protest Committee and award Bid No. B-4-06-04, Rehabilitation of Lift Stations W-2 and W-5, to Construction Management Associations; and authorize the Chairperson to execute the construction Contract for project at a total price of $832,600.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with A. Duda and Sons, Inc.; and accept donation from The Viera Company for an additional seven acres of land adjacent to Viera Regional Park.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Utility Agreement with the City of Palm Bay for water and sewer treatment facilities at Palm Bay Regional Park.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute easement to Florida Power and Light for construction, operation, and maintenance of electric utilities required for Mitchell Ellington Park.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Agreement with the City of Titusville; and approve Budget Change Request establishing a project budget for an $82,796 CDBG grant from the City to purchase and install softball field lighting poles and fixtures at Isaac Campbell, Sr. Park.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to terminate the Owner-Contractor Agreement with BRPH Construction Services, Inc.; authorize advertisement of formal bids and award to the lowest bidder for construction of a community center and cricket playing building; authorize utilization of State, School Board, Governmental Entities, and
Cooperative Agreements for the construction; and authorize the Chairperson to execute the associated contracts.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Interlocal Agreement with the City of Cocoa to participate in the funding for the acquisition, development, and construction of the Cocoa Conservation Area at Mud Lake.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute the Medicaid Waiver Service Agreement with the Florida Agency for Persons with Disabilities for Med-Waiver Community-Based Services Transportation Program.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation (FDOT) to receive $273,000 in FDOT Service Development Funds for weekend bus service on Saturday; and authorize the Chairperson to sign any follow-up documents, contingent upon the approval of Risk Management and the County Attorney and any budget changes.  Motion carried and ordered unanimously.   

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution and execute Joint Participation Agreement with Florida Department of Transportation (FDOT) to
receive $507,822 in FDOT Service Development Funds for expanded evening bus service; and authorize the Chairperson to sign any follow-up documents, contingent upon the approval of Risk Management and the County Attorney and any budget changes.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to reappoint Philip Nohrr, Roberta Bechtal, Pamela Gatto, Joy Gilliland, and William Potter to the Brevard County Educational Facilities Authority, with terms expiring December 31, 2007.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution approving a commercial paper loan for the Tiburon II Computer Aided Dispatch Software System; and authorize the Chairperson and County Attorney to sign the necessary loan documents and staff to make necessary budget changes.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve an Open Purchase Order with the Brevard Cultural Alliance in the amount of $125,000 plus an estimated $23,000 cash forward from unspent funds in FY 2005-2006, for a total of $148,000.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to waive zoning application, variance request application, design review including site plan, and building permit fees for the modernization of the Four Communities Volunteer Fire Department Fire Station, on U.S. 1, north of Cocoa.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution allowing Brevard County Housing Finance Authority to apply for an allocation with the Florida Division of Bond Finance and to allow the issuance by the Authority of Multi-family Housing Revenue Bonds to finance the acquisition, construction, and development of Oak Meadows Apartments Project.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint Assistant County Manager Stockton Whitten to the Brevard Workforce Development Board.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to grant permission to apply for, accept, and authorize the Sheriff to execute the necessary documents for the
FY 2007 U.S. Department of Justice, Justice and Mental Health Collaboration Program Grant; and authorize any necessary budget changes associated with the acceptance of the Grant.  Motion carried and ordered unanimously.   

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to appoint/reappoint:

 

Sue Baiocco to the Affordable Housing Council, with term expiring December 31, 2007; Amy Faulkner and Joseph Steckler to the Brevard Commission on Aging, with terms expiring December 31, 2007; Carleen Cairns, Cindy Flachmeier, Janie Holman, Cynthia Mitchell, and Evelyn Morrison to the Brevard County Commission on Status of Women, with terms expiring December 31, 2007; Mike Myjak and Fran Wales to the Building and Construction Advisory Committee, with terms expiring December 31, 2007; Dale Young to the Citizen Budget Review Committee, with term expiring December 31, 2007; Juanita Barton, Fannye Faye Johnson, and David Paterno to the Community Action Board, with terms expiring December 31, 2007; Grayling “Shawn” Harris and Ivan Rolle to the Community Development Block Grant Advisory Board, with terms expiring December 31, 2007; Clifford Barber, William Keyser, Leon Tucker, and Nick Witek to the Contractors Licensing Board, with terms expiring December 31, 2007; Liz Lackovich and Cheryl Lawson-Young to the Country Acres Advisory Board, with terms expiring December 31, 2007; David Matte to the Economic Development Commission of Space Coast, with term expiring December 31, 2007; Bob Champaigne, Murray Hann, Karen Hill, and Dorn Whitmore to the Environmentally Endangered Lands
Program Recreation and Education Advisory Committee, with terms expiring December 31, 2007; Kathleen England and Evelyn Guadalupe to the Employee Benefits Advisory Committee, with terms expiring December 31, 2007; Wayne Mozo, Leesa Souto, and Diane Stees to the Environmentally Endangered Lands Procedure Committee, with terms expiring December 31, 2007; Mary Beth Hinshaw and Brooks Humphreys to the Extension Advisory Council, with terms expiring December 31, 2007; Ed Bradford, Benjamin Brotemarkle, Jim Culberson, Roz Foster, David Paterno, and Yvonne Shingler to the Historical Commission, with terms expiring December 31, 2007; Brent Dalrymple and Peter Rochester to the Investment Committee, with terms expiring December 31, 2007; Pat Freeman and Fritz Kawohl to the Library Board, with terms expiring December 31, 2007; John Mongioi and Wayne Mozo to the Marine Advisory Council, with terms expiring December 31, 2007; Barbara Borman and William Pezzillo to the Medical Services Review Committee, with terms expiring December 31, 2007; Eddie Carr, Bonnie Decaro, and Sharon Savastio to the Metropolitan Planning Organization Citizens Advisory Board, with terms expiring December 31, 2007; Susan Ellison and Donald Messenger to the Mims/Scottsmoor Public Library Advisory Board, with terms expiring December 31, 2007; Gigi Henkel, George Newman, and  Gail Ratliff to the North Brevard Library District Board, with terms expiring December 31, 2007; Lorene Shafer to the North Brevard Library District Board with term expiring December 31, 2008; Dudley Anderson and Clifford Barber to the Palm Bay Regional Park Advisory Committee, with terms expiring December 31, 2007; J. Keith Farguharson, Mary Geoltz, and Ted Whitlock to the Parks and Recreation South Service Sector Advisory Board, with terms expiring December 31, 2007; Johnny Albert Diggs, Cleve Frink, Jack Houts, and Sheila Hutcheson to the Personnel Council, with terms expiring December 31, 2007; Bill Cannon, Cleve Frink, Evelyn Morrison, Laurilee Thompson, and Laura Ward to the Planning and Zoning Board, with terms expiring December 31, 2007; Carmella Chinaris, Pamela Ferraro, and Maureen Rupe to the Port St. John Public Library Advisory Board, with terms expiring December 31, 2007; Kevin Kaylor to the Public Golf Advisory Board, with term expiring December 31, 2007; Roger Boatman and Lily Renzetti to the Spaceport Commerce Park Authority, with terms expiring December 31, 2007; Charles Nash and Tom Redmond to the Valkaria Airport Advisory Board, with terms expiring December 31, 2007; Carlos Colon to the Veterans Memorial Park Advisory Board with term expiring December 31, 2007; Nelle Ayres, Julia Derrick, and Stephany Eley to the West Melbourne Public Library Board, with terms expiring December 31, 2007; and Sondra Ball, Ayn Samuelson, and Dale Young to the Zoning Board of Adjustment, with terms expiring December 31, 2007.  Motion carried and ordered unanimously. 

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

Chairperson Colon called for the public hearing to consider a resolution vacating a portion of drainage and utility easement in Oakwood Subdivision, Barton Street, as petitioned by Adam and Karen Arden. 

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating portion of drainage and utility easement in Oakwood Subdivision, Barton Street, as petitioned by Adam and Karen Arden.  Motion carried and ordered unanimously. 

   

 

Chairperson Colon called for the public hearing to consider a resolution vacating public utility easements in Clear Lake Terrace, La Marche Drive, as petitioned by Charles Smart and Christine Smart Osgood.

 

Transportation Engineering Director John Denninghoff advised an aerial easement will be necessary for Florida Power and Light Company, and the vacating will not be recorded until the easement has been provided, and reviewed and approved by FP&L. 

 

Chairperson Colon inquired if this is all right with Commissioner Nelson; with Commissioner Nelson responding yes, with Mr. Denninghoff’s comments. 

 

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in Clear Lake Terrace, La Marche Drive, as petitioned by Charles Smart and Christine Smart Osgood, subject to provision of an easement for FP&L.  Motion carried and ordered unanimously. 

 

 

 PUBLIC HEARING, RE:  RESOLUTION VACATING PORTION OF RIGHT-OF-WAY IN
     FLORIDA INDIAN RIVER LAND COMPANY, BOBBIE LANE  -  MICHAEL LORNITIS,
     FRANK BROWN, AND JAMES MCGEE                                                                                    

Chairperson Colon called for the public hearing to consider a resolution vacating a portion of right-of-way in Florida Indian River Land Company, Bobbie Lane, as petitioned by Michael Lornitis, Frank Brown, and James McGee.

 

Transportation Engineering Director John Denninghoff stated there is a question concerning jurisdictional authority, whether it is Grant-Valkaria or the County; and it will be resolved by January 9, 2006.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to continue the public hearing to consider a resolution vacating a portion of right-of-way in Florida Indian River Land Company, Bobbie Lane, as petitioned by Michael Lornitis, Frank Brown, and James McGee to January 9, 2007.  Motion carried and ordered unanimously.       

 

Chairperson Colon called for the public hearing to consider a resolution vacating right-of-way in Merritt City Subdivision, as petitioned by Merritt Island Land Trust.

 

Transportation Engineering Director John Denninghoff stated staff has determined that BellSouth has resolved its conflict, but not that FP&L has resolved its potential conflict.   He noted there are no actual objections at this time.  Commissioner Nelson stated there is equipment sitting in that area, so until the Board gets an answer it would be better to continue the public hearing. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution vacating right-of-way in Merritt City Subdivision, as petitioned by Merritt Island Land Trust to January 9, 2007.  Motion carried and ordered unanimously. 

 

Chairperson Colon called for the public hearing to consider a resolution vacating public utility and drainage easement on Crane Creek Boulevard, as petitioned by David and Sandra Holmes.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating public utility and drainage easement on Crane Creek Boulevard, as petitioned by David and Sandra Holmes.  Motion carried and ordered unanimously. 

 

Chairperson Colon called for the public hearing to consider a resolution vacating a portion of public utility easement in Suntree PUD, Stage One, as petitioned by Suntree Country Club, Inc.

 

Commissioner Nelson inquired if the primary equipment is in the ground already; with Transportation Engineering Director John Denninghoff responding many of the facilities are underground, but it is the size of the easement that is creating the problem; and the vacating will resolve that conflict.  Mr. Denninghoff advised there has been no objection on the part of the utilities.   

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution vacating a portion of public utility easement in Suntree PUD, Stage One, as petitioned by Suntree Country Club, Inc.  Motion carried and ordered unanimously. 

 

Chairperson Colon called for the public hearing to consider an ordinance adopting Twenty-eighth Small Scale Plan Amendment of 2006, 06S.28, changing the Future Land Use from Residential 2 to Community Commercial on U.S. 1 and Chamberlan Terrace.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the Twenty-Eighth Small Scale Plan Amendment of 2006, 06S.28, to the Future Land Use Map of the Comprehensive Plan; Amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI(E), entitled the Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

   

Chairperson Colon called for the public hearing to consider transmittal of the 2006B Comprehensive Plan Amendment Package.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to approve transmittal of the 2006B Comprehensive Plan Amendment Package to the Department of Community Affairs.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon called for the public hearing to consider an ordinance adopting the 2006A Comprehensive Plan Amendment Package.

 

Walter Pine stated page 34, section 5.2 talks about how some of the language changes would apply; it says specifically “the activities that are conducted on public conservation lands that enhance, protect, or manage those lands for nature-based recreation”; and he would like to see that language changed.  Mr. Pine stated if there is no positive benefit to hiking on the property under this language it could be argued that there is no positive benefit so the activity should be prohibited.  He stated he would like to see something to the effect that if the activity does not damage the purpose of the property, the activity will be allowed to continue; many of the properties are being purchased and evaluated under a current level of activity; and if it is not harming the environmental nature of the property, it should continue.  He requested the Board do the opposite, and instead of saying the activity has to enhance the property, say it should not negatively impact so that current activities can continue.  He stated there have been problems with the Future Land Use Map being brought up to date; and in fact, the current map is not up to date.  He stated Section D says “if privately owned lands are acquired by State and regional or local agencies for conservation purposes, the agency should provide some information”; and requested the Board  change the language to “shall provide the information to the appropriate office within 90 days” and for all agreements the County enters into with the State or local agencies reflect this requirement so the records can be kept up to date.  He stated that has been a thorn in the side of many people for many years; and since the Board is making a language change where it would have authority to do so, that would be an appropriate change.  He recommended all contracts, interlocal agreements and such have that reference to reflect that requirement. 

 

Commissioner Nelson stated one of his concerns is that they are including conservation lands that the County does not control; he knows this was a contentious issue; and he does not support including those lands that are in municipalities or are federal lands in the Future Land Use Plan.  He stated they are trying to create a map that shows where conservation lands are; and while that is a good purpose, it is a different process; and the Future Land Use Map should only deal with those areas for which the County is responsible.  He stated the County cannot tell Patrick Air Force Base or Kennedy Space Center what to do with its lands; it clouds the issue of what the County does actually manage and have control over; and he will not support that part of it.  He stated it would be his preference to have that withdrawn and go back to only managing those properties where the County actually has some say; the cities are required to do comprehensive planning as well; and commented on duplication and inconsistency with responsibilities.

 

Commissioner Voltz stated the cities objected to this; the federal government said the County should not be doing these kinds of things; and inquired why the Board is moving forward.  Planning and Zoning Director Robin Sobrino advised staff had Board direction to not only have those within the County unincorporated area but also municipal conservation lands and federal lands; and that was addressed through the transmittal document.  She stated the municipalities have expressed concern about the County meddling, so that has been withdrawn.  County Manager Peggy Busacca confirmed that both Kennedy Space Center and the Air Force have done the same.  Commissioner Voltz inquired if it is not included or has it been included anyway.  Ms. Sobrino responded the federal lands are still included; but staff will welcome Board direction.  Commissioner Voltz stated she does not think they should be included; the federal government has requested the County not to include those lands; and she would like to see the cities and federal lands not be included.  She stated they are talking about
unincorporated Brevard County; if someone wants to get a map from the cities, they can do so; but for the Board to go forward in a manner that it should not be going, and which it has been asked not to go, is wrong.  Ms. Sobrino advised staff will take care of that. 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to direct staff to remove federal and municipal conservation lands from the amendment package.  Motion carried and ordered; with Commissioner Colon voting nay. 

 

 

Ms. Sobrino advised staff will also withdraw any policies relating to those designations.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled “The Comprehensive Plan”, setting forth Plan Amendment 2006-A; amending Section 62-501, entitled Contents of the Plan; specifically amending Section 62-501, Part XI, entitled the Future Land Use Element; and provisions which require amendment to maintain internal consistency with these Amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously.    

 

Chairperson Colon called for the public hearing to consider an ordinance amendment to require disclosure of blasting activity.

 

Tammie Rutkowski stated this is an important issue; and encouraged the Board to adopt the ordinance.  She stated a situation arose earlier this year where landowners adjacent south of Deer Run Equestrian Subdivision applied for a Conditional Use Permit; and the neighborhood would have never known that blasting was a possibility if it had not been for an independent inspection company coming to their homes asking to conduct pre-blast inspections.  She stated that is the only way they knew that a coquina mine was about to come in adjacent to their subdivision; nothing from the CUP notice advised that mining or blasting was about to occur just feet away from the residential community, horse arena, and riding trails; and she hates to think what would have happened if one of the children had been riding or handling their horse when a blast went off.  She commented on the detrimental effects of a 1,200 pound animal and a concussive blast out of nowhere on both rider and animal, not to mention cars on the road if an animal got loose.  She stated it is not too much to ask that blasting be disclosed at the time the CUP is applied for; they are not saying they cannot blast; but they are requesting they be informed so they can make an educated decision and come to speak to the Board.  She commented on the CUP notice; and urged the Board to adopt the ordinance.

 

Keith McGregor stated he has been a resident of Deer Run Subdivision for almost eight years; and commented on living near Blackhawk Quarry and having no disclosure from his realtor.  He submitted a letter from State Treasurer Tom Gallagher; and stated he supports the proposed
ordinance requiring full disclosure prior to any blasting activity.  He stated the letter from Tom Gallagher provides guidelines that the State Fire Marshal is going to use to adapt regulations for mining; and the County is given the opportunity take over enforcement and monitoring.  Mr. McGregor stated a new elementary school is being built adjacent to Blackhawk Quarry, as well as the new Waterstone Subdivision, which will have over 1,600 homes; and requested the Board adopt the proposed ordinance. 

 

Walter Pine stated he supports all the comments that were already made by the public; but there are some issues that need to be considered.  He stated blasting is a very hazardous activity, but if the Board is considering an ordinance for the protection of the public, it should also consider language to include any other hazardous activity that may be a similar threat to the public.  He stated the public has the right to know when something of that nature is going to occur in their area, such as use of hazardous or dangerous chemicals, equipment that may pose a threat to children, or things of that nature.  He encouraged the Board to include not only blasting but other dangers; and stated individuals, corporations, and other entities have a right to reasonable activities; but parents and the community have a right to know what is going on so they can take appropriate actions to insure that they are safe.  He stated people may choose not to drive through a particular area; they may choose to make sure their children are home at a particular time; and in the case of equestrians, they may choose to make sure their horses are properly penned so they are in a situation where the blast will not frighten the horse or cause it to injure itself.  He commented on terrorism, confidentiality of notices, and not providing public notice where explosives are being stored.

 

Commissioner Voltz stated she does not have an objection; this was formerly her District, so she understands what is going on there; but the Board needs to be careful that it does not cut off its supply of road base or that there is another method for the County to access road base.  Chairperson Colon stated the proposed ordinance has nothing to do with that; with Commissioner Voltz advising it is about blasting.  Chairperson Colon stated it has to do specifically with having some kind of red flag when anyone comes before the Board; the existing operations are grandfathered so it will not affect them; and this will allow all departments to know what is going on, but will not affect existing operations such as the ones that were mentioned. 

 

Commissioner Voltz stated she has been told by people in the business that there is another way of doing things so they do not have to blast or use dynamite; and inquired if the Board can look into that and include in the ordinance to provide for using another method rather than dynamite.  She stated notice is always appreciated, but another method would be much more beneficial to the community than dynamite blasting. 

 

County Attorney Scott Knox stated the County is preempted from dealing with the issue of blasting; he is not sure if that extends to requiring a different method for removing materials; but he will look into it. 

 

Commissioner Voltz requested Mr. Knox look into it because she understands there are different methods where they would not be using dynamite; and they would be more beneficial to the community. 

 

Commissioner Nelson stated he is aware there are mining Ordinances that are more comprehensive than what the County currently has; and as they look at the issue of using another method, they need to look at more comprehensive ordinances because they talk about reclamation issues, public benefit, and restoration.  He stated some of the facilities actually become public amenities; and the Board needs to expand the issue to look at that.  He stated as the County continues to urbanize, it is going to need the material, but it is also going to become more complex; and there is a need to look at some options. 

 

Commissioner Colon encouraged Mr. Knox to work closely with the residents from Deer Run because the Board’s action today is just a Band-Aid to provide a red flag; and this is not the end.  She stated time is of the essence; anyone could go to any of the departments and ask for some kind of approval; and that is what this is about.  She reiterated Mr. Knox needs to work closely with the residents about what has been heard this morning; and the Board has the authority locally to put those restrictions. 

 

There being no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article VI, Division 5, Subdivision III, Conditional Uses and Article XIII, Division 4, Land Alteration; specifically amending Section 62-1936 Land Alterations; Section 62-4391 Definitions; Section 62-4423(d) Financial Security; required information; certification of compliance; inspections; providing for resolution of conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in the Code and an effective date.  Motion carried and ordered unanimously.   

 

 

Commissioner Bolin inquired if there is any problem; with Transportation Engineering Director John Denninghoff responding no, it will allow an opportunity to resolve some issues that have come up in the process of transferring the ownership to the City of Melbourne.  Commissioner Bolin stated that is fine. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Addendum to Contract for Sale and Purchase with the City of Melbourne for a parcel of land which is the remainder portion of a parcel acquired in conjunction with the Pineda Causeway Extension and Realignment Project.  Motion carried and ordered unanimously.    

 

 

Commissioner Scarborough stated this will help with the entrance to the Chain of Lakes project; the Contract amount will be 31% above appraised value or approximately $70,000; however, the convenience and benefits to the public will be commensurate.

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to accept the amount of Contract for Sale and Purchase with Donald R. and Marjorie R. Feguer for the Chain of Lakes Park Project; and authorize staff to proceed to closing.  Motion carried and ordered unanimously.   

 

 

 

EEL Program Manager Mike Knight stated the letter from the City of Cocoa Beach requests 2% title in the property; but the City provided a letter to change that, so the City is not requesting a percent of title.  He stated there was a problem with any entity other than the County having a percent of title, if Florida Communities Trust (FCT) funding was being used; but that has been cleared up. 

 

Commissioner Nelson stated Mr. Knight mentioned that the St. Johns River Water Management District is also looking to participate, but the Agenda item says something different.  Mr. Knight stated the St. Johns River Water Management District initially requested a percent of title, but it caused a problem with the FCT funds so they have gone back to the drawing board; St. Johns River Water Management District is willing to work toward an easement over the property; and staff is supportive of that.  He stated it will take more time to assemble that; staff will bring it back to the Board at a later date; and it will be an additional $150,000 towards the purchase.  Commissioner Nelson stated he does not have a problem with the item.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve funding partnerships relating to the purchase of the Crawford property through the Environmentally Endangered Lands Program.  Motion carried and ordered unanimously.  

 

 

Commissioner Bolin stated this is to extend the closing date; and inquired if there are any objections. Transportation Engineering Director John Denninghoff stated there are not; the addendum will allow them to resolve a few more title issues, extend the closing date, and acknowledge there are a couple of encumbrances on the property, which staff is aware of and understands; and staff believes it will be able to resolve those better after closing. 

 

County Attorney Scott Knox stated there are some billboard leases on the property; if he was in private practice, he would not recommend closing; but because the County has domain powers, if worse comes to worse, it can use those powers to get out the leases.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute First and Second Amendments to Addendums to Contracts for Sale and Purchase for two (2) parcels of land owned by Azan Temple Holding Corporation, Inc. for time extensions for the closing date; waive title exceptions; and advise the County Attorney to proceed with closing.  Motion carried and ordered unanimously. 

 

 

County Manager Peggy Busacca stated this item includes the use of Contingency funds; and there is currently a balance of $400,000 in Contingency.

 

Commissioner Voltz inquired why is Viera not paying for this; with Ms. Busacca responding Viera did put an application fee in, which was then given to the General Fund; and the General Fund disburses all of the money that goes into Planning and Zoning.  Commissioner Voltz inquired if the money that was given to the County was identified for this purpose; with Ms. Busacca responding no, it was not.  Ms. Busacca advised there is a fee that is based on DRI review; this is the first time staff has asked the Board for the consultant fee; but it is not specifically part of the fee schedule for the DRI’s.  Commissioner Voltz stated hopefully there will not be too many DRI’s in the future; and this is $70,000 that could have been used for something else.  Ms. Busacca stated if the Board would like, staff can bring back a fee resolution that would specifically include this in future DRI’s; with Commissioner Voltz requesting staff do so. 

 

Commissioner Nelson stated based on what they have seen with traffic in the Viera area, having an independent look at it makes sense. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the County Manager to engage a qualified traffic consultant currently under Contract to Brevard County on a continuing services basis to review, evaluate, and prepare recommendations regarding the Transportation Planning and Engineering data submitted on behalf of The Viera Company as part of the Application for Development Approval for Substantial Deviation #2, which is not under review; and approve funding of up to $75,900 from Contingency for these services.  Motion carried and ordered unanimously.      

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Option 1, provide Board interpretation relative to incidental impacts to anthropogenic (manmade) wetlands during abandoned mined lands reclamation, allowing impacts under referenced conditions; and direct staff to draft necessary Code amendments to meet this intent.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant final engineering and preliminary plat approvals for Dun Huntin Groves Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining al necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

Commissioner Scarborough stated the Vice President of the Sherwood Homeowners Association informed him that the homeowners do not believe that the traffic will affect them, but would like to have assurance that there is no increase in density; and there is none. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to waive the five-acre minimum requirement for an easement within a flag stem lot under Section 62-102(B)(b)(8) of the Code for Jonathan’s Landing.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Wetland Restoration Plan as submitted by Doug Kitz, Acacia Environmental, Inc. on behalf of Suzanna and Shannon Norris, property owners at 6360 Arborwood Avenue, Cocoa, Florida.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Letter Agreement with Mills, Paskert, Divers for legal services to be rendered on behalf of the County with regard to a  possible claim against RKT Constructors and its surety company arising out of the installation of sewers in Indialantic and Melbourne Beach, including authority for the law firm to retain experts at County expense as necessary and reasonable to prosecute the claim against RKT.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve legislative intent and authorize advertisement of two public hearings and a Local Planning Agency hearing to consider the proposed St. Johns River Heritage Parkway ordinance.  Motion carried and ordered unanimously. 

 

 

The meeting recessed at 10:59 a.m. and reconvened at 11:16 a.m.

 

 

 

Motion by Commissioner Voltz, to waive all fees for the Space Coast State Fair; and authorize refund of $3,315 for Special Event Permit fees. 

 

 

Commissioner Bolin inquired if the Board can waive fire inspection fees; with County Attorney Scott Knox advising the policy is if the County is providing EMS service, that is not one of the fees the Board would normally waive.  Mr. Knox stated the Board can change or waive the policy. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to waive Board policy and waive all fees for the Space Coast State Fair; and authorize refund of $3,315 for Special Event Permit fees.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson inquired if any kind of annual reporting is required.  Commissioner Voltz inquired if this is the first year it is being done under the not-for-profit group.  County Manager Peggy Busacca advised the fees have been paid in the past; and this is the first year the group requested the waiver.  Commissioner Voltz stated this is the first year they are under the new guidelines.  Commissioner Nelson stated this may be the first year they are charitable.  Commissioner Voltz stated it is something because it was always called the Brevard County Fair; and requested clarification.  Chairperson Colon stated the Board just wants some kind of accountability.  Ms. Busacca inquired if the Board is asking for the fair or for all organizations where waivers are given.  Chairperson Colon stated if they say they are going to be donating to the community, then the Board would expect accountability.  Commissioner Nelson stated that would be for any group asking for a waiver; and there should be some documentation so there is a record. 

Walter Pine stated the issue is the catwalk for the new bridge in Titusville, which has been discussed at length for years; the State had agreed to pay for it; but now it seems the County is taking the responsibility and the payments.  He stated he does not know what is going on; he and other members of the community have spoken to Mr. Denninghoff a number of times and expressed concerns; they are in the process of formulating some issues that will be put in a formal manner; and he wants to be sure one of the things is the interest and concern of the public in regard to design characteristics and requirements, and that they not be foreclosed by the agreement being made to pay for that.  He stated if the County takes on the agreement to pay for it when before there were State funds to do so, he is beginning to wonder what is going on.  He stated the funding limits what can be done; there is now a written document regarding what is going on; and it is different than what was discussed several weeks ago.  He stated approximately six weeks ago, it was all going to be paid for by the State; now the County is involved in a document that says it will be at least partially be paid for by the County; and something does not seem right.  He stated it is limiting the characteristics and facilities that could be made available to the public; and he would oppose this at this time.  He stated the new

Commissioners may not know the history of the various representations; he would prefer to wait until they are fully informed; and it is appropriate to go into this significant because it can impact the final project.  Mr. Pine stated if there are only a few dollars to do it or if they have to come up with tax dollars from the County to do it and get less from the State, they will get less of a project.  He stated supposedly this was part of the bridge project; while he understands there are changes, he does not want to see the changes affect the services that would be available to the public; and that is clearly going to happen with this.  He stated he does not want to see this agreement foreclose on those interests that are currently in the works and that they are working to get included formally, such as disability access, the size of the facility, the foul weather shelters, parking issues, and things of that nature.  He stated all of those things can be impacted by the way it is funded; it had been a portion of the bridge project; but now it looks like it is being separated out; and he disagrees with that.  He stated if the State has the money and it was set aside, which they have been told it was, then the agreement should include that dollar amount that the State is going to put into the project; the catwalks should be part of the bridge project; and there is nothing in the agreement that says any real commitment from the State.  He inquired if the County is giving up the money that was there; and stated he believes it is inherent in the document that the County is giving up that money and replacing it with money from the County.

 

Commissioner Voltz stated this is a project in District 1 for up to $1.5 million; and she talked to Representative Ralph Poppell who said they were potentially going to get $500,000 from the State.  She stated she told him she had no problem with the catwalk in general, but the Palm Bay Road widening has been moved back, and there are a number of other road projects that are way over budget, so it seems ironic to spend money on a catwalk.  She noted Representative Poppell mentioned that it is for recreation; and she wonders why Parks and Recreation does not fund the majority of the catwalk because it has nothing to do with transportation.  She stated Representative Poppell said all bridges have catwalks; but when they look at spending $1.5 million on a catwalk instead of roads, she does not know that they are spending taxpayers’ dollars wisely.  She stated she understands there has been a lot of discussion about the catwalk; but the bottom line is when the County taxpayer dollars are paying for it and the County is not doing the roads it needs, the County has to be accountable for that. 

 

Chairperson Colon stated she is supporting it. 

 

Commissioner Scarborough stated he would like to give a history; in 1978 the State Department of Transportation decided it would be a County bridge, and without asking the County, the State gave the bridge to the County; and inquired what was the functional classification of the bridge.  Transportation Engineering Director John Denninghoff responded it was 4.6 on a scale of 100.  Commissioner Scarborough inquired when the bridge on S.R. 528 was done, what was its functionality; with Mr. Denninghoff responding 48.  Commissioner Scarborough stated there is risk to people in boats under the bridge; there is risk of the bridge collapsing with a heavy truck on it; and commented on efforts on the part of the MPO and the Legislative Delegation regarding the bridge.  He stated the first step is to have the State take the bridge back; in May 2004 the State said it would take the bridge back, but the maintenance responsibility would
remain with the County; and advised of $1.1 million in Road and Bridge funds that were spent in 2005, $400,000 in September 2005, and $950,000 in 2006.  Commissioner Scarborough stated the sooner the County gets the State to take the bridge back, the sooner the County will stop bleeding and eliminate the potential of being on CNN as having the bridge to the Kennedy Space Center collapsing into the lagoon, which is a potential with a bridge that only has a 4% functionality.  He stated the State has agreed to pick up the cost; it is now up to $52 million; and that is money the County will not have to pay.  He stated if this had not occurred, the County would have had the bridge impacting local money; and thanked staff, the MPO, and the Legislative Delegation for bringing the County to this point.  He stated the catwalk came about because of Richard Leandro who found there were catwalks in other places; and that was brought into the mix, with the State saying it would take it on; but in April 2005, the County received a letter from the State advising it would not be responsible financially for the catwalk.  He advised of the involvement of Representatives Allen and Poppell in getting the State to contribute to the payment for the catwalk.  He stated the catwalk is being designed as part of the bridge; and that design is worth approximately $100,000 for the catwalk alone.  He stated if the County decides to go unilaterally and not get the State’s work product, it will have to pay for the $100,000; and it would also not have the potential $500,000 coming from the State.  He stated there is the possibility of getting FIND money; if there is a shortfall, he has no intention of asking anything but North Brevard Parks and Recreation budget to pick it up; it is a park function; but he will be getting a $100,000 design and Representative Poppell has worked with the FDOT Secretary to get $500,000.  He stated if the County does not like the design, it can say so, not take the money, and go out on its own; and the Board does not have to do anything today except go on to see how it works out.  He stated many people are interested in the project; and commented on redoing the fishing pier, the referendums, hurricanes, and coordination of efforts.  He stated there are opportunities; the County does not know if it will like the design; it does not know if the State will do it; but while the County has people trying to make things work for it, it should stop the hemorrhaging of millions of dollars to keep a dead bridge alive and work with the community to get a design.  He reiterated if the County does not like the design, it can walk away later.

 

Commissioner Voltz thanked Commissioner Scarborough; and stated the general public has the right to know what the County is spending money on, how it is spending it, and if it is appropriate to spend money on this versus paving a road.  She stated without those words from Commissioner Scarborough, she probably would have voted against this item; but Commissioner Scarborough knows this issue better than she does, so she appreciates all the information that has been put forth, and will support the item. 

 

Chairperson Colon stated it was obvious at the meeting yesterday of the support from the Delegation and how hard they worked, so the Board is very appreciative.

 

Commissioner Nelson stated he hopes Palm Bay Road has moved up from 2012 and does not compete with the bridge, which is a 2010 project.  Mr. Denninghoff advised it is also a completely separate funding source, bridge-specific money for State bridges.  Commissioner Nelson stated the amount of money the State has offered is approximately 1% of the total project budget; so it is not a huge amount or a major issue; and the County has the ability to pull
out if it does not believe the bridge design is appropriate for the community.  Commissioner Nelson stated is comfortable that FDOT understands what the County is looking for; he will continue to monitor and reinforce what the community is looking for in terms of design; and ultimately it will come down to what can be permitted.  He stated it is a great amenity for North Brevard, and he appreciates Commissioner Scarborough’s leadership. 

 

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

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to apply for a Florida Inland Navigation District grant.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon requested the County Manager inform the Cities of Palm Bay, West Melbourne, and Melbourne that the Board discussed with the Delegation the widening of Palm Bay Road, and the Delegation was receptive.  County Manager Peggy Busacca advised a meeting is being put together to talk about that issue.  Chairperson Colon requested a letter to those cities go out today with a copy to the Delegation. 

 

 

 

Chairperson Colon stated the Commission Chamber is freshly painted; a lot of work has taken place behind the scenes; and expressed appreciation to the employees involved.

 

 

The meeting recessed at 11:36 a.m. and reconvened at 1:31 p.m.       

 

 

Chairperson Colon called for the public hearing to consider an appeal of administrative determination for Dr. Brian Ziegler and Cynthia Halcin.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to approve the appeal of Dr. Brian Ziegler and his wife, Cynthia Halcin; and grant a reduction to the Surface Water Protection Buffer based on insufficient lot depth.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson stated Ernie Brown and his staff did a great job of identifying what was unique about this item; in the Comprehensive Plan, there are some very broad goals that need to be further refined; and staff did a very fine job of doing that.  He advised this only represented an impact of 3% to the 50-foot setback. 

 

 

The meeting recessed at 1:34 p.m. and reconvened at 1:53 p.m.

 

 

*County Manager Peggy Busacca and County Attorney Scott Knox’s absence were noted at this time. 

 

 

Commissioner Scarborough clarified the intention of his previous motion concerning the A. Max Brewer Bridge was that the amount would be up to $1.5 million, as Representative Ralph Poppell requested.

 

Chairperson Colon and Commissioner Voltz advised that was their understanding.  Transportation Engineering Director John Denninghoff stated he will work with FDOT to revise the language in the Agreement.    

 

 

Commissioner Scarborough stated he and Ms. Weatherman talked last week; and he has comments from about ten different individuals who are involved in aerospace and business that he is going to share with everyone.  He distributed paperwork to the Board. 

 

*County Manager Peggy Busacca and County Attorney Scott Knox’s presence were noted at this time.

 

Lynda Weatherman, Executive Director of the Economic Development Commission, stated she will turn the presentation over the Marshall Heard and Lee Solid who developed the strategic plan, and then to EDC Chairman Mason Blake.  She stated the EDC and the County have always had a strong partnership in economic development; the role and responsibility of economic development has always been taken very seriously by the Commission; and over the next few years, they will have a lot of challenges.  She commented on facing and meeting the challenge of BRAC together; and stated there are a number of challenges facing them over the next three to four years. She stated they are closely watching the construction industry; over the past five months, 400 jobs have been lost; the construction industry has ups and downs; and they are watching it closely.  She stated the construction industry has a six-month ramification on the unemployment of the County, so it has quite a profound impact.  Ms. Weatherman stated the second things they are looking at are the impacts, challenges, and opportunities of the space industry; yesterday Commissioner Scarborough was referencing some job loss numbers; and she has seen numbers between 5,000 and 8,000 jobs.  She stated the average job in that industry pays $79,750 according to the Department of Labor Statistics; the direct job loss in wages that would be halted would be approximately a half billion dollars; and those who are not working do not buy things, so that ramifies on the economy.  She stated that is what is referred to as the indirect effect, which is as real as anything else; and the direct and indirect effect of just 5,000 jobs lost in the space industry is $866 million.  She stated the first challenge was in 2004; and thanked the Board, especially Commissioner Scarborough who identified a specific amount of money that could be attached and have a surcharge to hire the talent needed to address the challenges.  She stated the first action the EDC identified was bringing in the CEV assembly and final checkout as it is the first opportunity as a result of this new vision; it is non-traditional work; and for 50 years rockets have been launched in Brevard County, but rockets have never been assembled here.  She stated it is the thin edge of the wedge; once they bring in assembly work for CEV, there are other opportunities; and Mr. Solid and Mr. Heard are going to talk briefly about the other opportunities.  She stated they have to start priming the pump; they would not be able to make the argument that they can do assembly work for the crude launch vehicle if they could not get the CEV here; and that is why it was so competitive.  She stated every state that is having an impact on space and wants to get the new generation jobs knew this was the thin edge of the wedge, and for the one who got the prize, more could follow.  She advised right now Lockheed Martin is talking about 350 jobs, although that number may get higher; and commented on wages and return on wages.  She stated just as there could be a negative impact of $866 million, if they work together, they can try to mitigate some of that and have a positive effect.  She introduced Space Consultants Lee Solid and Marshall Heard; and advised EDC Chairman Mason Blake will close up. 

 

Lee Solid stated they started this a little over a year and a half ago; and those who have been here know what Ms. Weatherman already shared in terms of having some success in what NASA calls the exploration program.  He stated it is referred to as the Vision for Space, the President’s Vision, or Constellation; and their first pursuit was the first component, the crew exploration vehicle.  He stated with that behind them, they are now pursuing the rest of them in step; the crew launch vehicle has several elements; and they are pursuing the final assembly, checkout, and integration of the instrument unit.  He stated a decision has already been made to assemble the upper stage in Louisiana, so they are not pursuing that; however, the engine on the upper stage is still open, and they are pursuing the final assembly and checkout of that.  He stated as the program progresses to the point where they start servicing the station and going on to the moon, there are elements associated with the cargo vehicle; and commented on the vehicles, Aries 1 and Aries 5.  He stated the acquisition cycle for those vehicles will be starting; they will start pursuing those contractors once they identify who they are; and their primary thrust will be NASA’s Constellation Program and capturing as much of that business as they can.  He stated it is non-traditional work; ultimately all the hardware will come to the County to be prepared for launch and launched; but they are looking for upstream work like the assembly and checkout.  He stated the other element that is high on their priority list is called Commercial Orbital Transportation Services or COTS, which is NASA’s attempt to get private industry involved in servicing lower earth orbit, specifically taking cargo and crew to the space station.  He stated they see the day when all of the service to lower earth orbit will be from private industry as opposed to being a NASA-funded program; and if that is achieved, then NASA can get on with its primary role of going back to the moon and on to Mars.  Mr. Solid stated two contractors have been selected; both are basing their initial launches from outside the United States; and the Board heard a little about that yesterday from Space Florida.  He advised one contractor is going to launch from Woomera, Australia and the other from Quadulan Island; and they are trying to convince them to come to Brevard County to prepare their vehicles, build their hardware, and launch. 

 

Marshall Heard stated NASA has decided it wants to have set asides for small business as part of the exploration contracts; when there are set asides of 5% and 6%, he begins to worry; when he sees 10% set aside, he throws up his hands; and NASA has mandated 22% for small business to be participants in all the exploration programs, which is unheard of.  He commented on Boeing’s intent to put three airplanes into production simultaneously, the 787, the reengineered 747, and the reengineered 737; and stated they are going to build 700 airplanes a year using the same supply base as is needed for the space industry.  He stated the question is where they are going to find the workforce to do this and the small businesses; and that presents an opportunity.  He commented on the EDC looking at a pilot program using the County’s small businesses, which they hope to expand Statewide, so eventually Florida will get a disproportionate share of the small business work.  He stated he has been in conversations with Boeing, which is desperate for the airplane side of the house; and those who are pursuing the crew launch vehicle and crew exploration vehicle have the same problem.  He stated the second point is space tourism; space tourism is real; there are three or four major companies that have gone into space tourism in a big way and are committed to starting commercial operations in 2008; so there is a maximum of two or three years to get ready for space tourism.  He commented on space tourism, 10,000 people who have paid $200,000 for tickets to participate in space tourism and 100,000 more that have made deposits for tickets, and different forms of space tourism.  He stated the first concept involves having an airplane take a spaceship aloft to 40,000 to 50,000 feet and drop it; the spaceship will ignite its engine, go up to 62.5 miles, then circle back and land; the second concept involves putting a rocket motor on a small airplane, taking off like a normal airplane, and going straight up; and the third concept involves putting a spacecraft on a vertical launcher, launching straight up, and then flying down and landing horizontally.  He stated what all the concepts have in common in horizontal operations; at Kennedy Space Center they have one of the world’s premiere runways for the shuttle landing facility; and the State paid to build a huge hangar adjacent to the runway for reusable launch vehicles, so there is marvelous infrastructure.  He stated they have already had an environmental impact statement for operations at KSC; they have a unique capability; and it needs to be developed in concert with NASA.  He stated when someone pays $200,000 for a ride, they expect to be treated well; they want four-star hotels, good food, and ability to fly directly into the area without resorting to puddle jumpers; and as they will have a job on the mission, they will have to go through training, including safety training and a physical.  He commented on concentrating on the launch industry, moving to final assembly and checkout, recruiting a satellite company to the area, and looking at a spectrum that runs all the way from research and development to services companies.  He stated they know that NASA wants to go to the planets; in 2025, they want to go to Mars; and described a Mars mission, including the size of the spacecraft, travel time, radiation, and need to carry everything necessary for a three-year mission.  He stated they are going back to the moon before going to Mars; they have to develop the technology to sustain life in a terrible environment; and if they mess up on the moon, they can be home in two or three days, while if they mess up on the way to Mars, they will not come home.  Mr. Heard emphasized if they get to Mars, and cannot raise the food, find water, and make their own propellant, they will not come home, so all that technology needs to be developed.  He stated Brevard County is as good a choice to do a lot of that as any county he can think of; and commented on weightlessness leading to bone loss, being bombarded with radiation, and lack of atmosphere to shield them.  He stated they need to go after that aspect; there will be a new medical school at the University of Central Florida; and he will be going to UCF this week to have a conversation about having an aerospace medical branch as well as an aerospace medical clinic in Brevard County.  He stated they should bid on doing the contracted work at KSC for all industrial medicine with a local hospital in concert; that will provide a business base; and they can then pursue research and development contracts to work on things like bone mass loss, radiation shielding, and that sort of thing.  He stated this is a rich opportunity. 

 

Chairperson Colon stated it is visionary; if a person taped today’s meeting and watched the tape in ten or fifteen years, he or she would be amazed; and a lot of people did not believe the technology they have now in 2006, so it is incredible.  Mr. Heard stated his goal is to live long enough to see them go; and he will be 90 when that happens.  Chairperson Colon inquired where Mr. Heard sees the Board of County Commissioners playing a role in all of this.  Mr. Heard responded if it had not been for the Board’s initial funding, the County would not have the CEV; money primes the pump; and the Board’s help will be needed in Tallahassee eventually.  He stated they are probably going to have to go to Tallahassee with some things that are beyond the coffers of the County; and they may need the Board to talk to the County and federal delegations to get political and resource support.  Chairperson Colon stated the support is there from both; and commented on a workshop held earlier in the week and plans for a reception in Brevard County for the new Governor.  Mr. Heard stated he is delighted that the Board has the kind of vision that it does; the Board has led the way; and recommended the Board keep up the moral support and supplement with funding and an environment that makes it possible to bring business to the community. 

 

Commissioner Voltz stated her head is spinning with all the information that was given today; the future is incredible; and Mr. Heard, Mr. Solid, Ms. Weatherman, and the EDC have done a marvelous job forging forward for the County.  She stated the jobs and economic development are going to be there for the community; it makes her head spin thinking where they are going to be in the future; and how it is all going to play out is amazing.  She stated the Board is going to be a part of that; some people think they should not be spending money this way; but it is a very wise use of funds.  She stated they are talking about the future; and she is very privileged to be a part of that in support of what they are doing. 

 

Mason Blake, Chairman of the EDC, stated the EDC appreciates the opportunity to be of service to the County in a public/private partnership; and the item before the Board is to approve the EDC contract.  He stated they are asking for a change from a one-year to a three-year contract because they are dealing with scarce resources; a lot of staff and volunteer time every year is devoted to coming back to the budget, getting approval, and getting the contract approved; and if they have a three-year contract, it will be more manageable in terms of freeing up the scarce resources to do other economic development things.  He stated that is the only change they are requesting; they are not asking for an increase in the budget that the Board approved; and there is a provision that says the Board can change its mind at any time, so there is complete flexibility. 

 

Chairperson Colon stated the return on investment has been incredible to watch; and she is happy with that. 

 

Commissioner Scarborough stated the entire Board supports the EDC; the idea of funding is not in question because the Board already voted for the funding; but the issue is the contract.  He stated the three-year contract raises the specter of walking into potential layoffs; and he asked ten different people, some involved at KSC, for comments and tried to consolidate some concepts.  He stated he would like to go over the basis for this; some is from memos he got from Ms. Weatherman and comments from other persons; and they are talking about a 68% increase in the budget from last year.  He commented on the economic impact, worst case scenario, direct and indirect losses, and a $1.4 billion impact.  He stated comment two goes to the idea of the specificity; Mr. Heard and Mr. Solid have put something together; but Space Florida is not mentioned in the contract.  He stated the concern of some people was the allocation to operating expenses; and commented on percentage of budget spent on consultants, decrease in budget for consultants, Brevard County contribution, and vagueness.  He stated one comment was that the role of the EDC, which is already funded, is the one the EDC is proposing to support in the agreement, and that additional funding cannot be justified without some reasonable significant reason to do so.  He stated the level of description is too vague to permit evaluation and emphasis of any work; priorities are not shown; budgets are not listed; and there are no objective measures of outcome tied to measurable goals anywhere in the document.  He stated there is confusion between activities and achievements; activities are things that are done to implement or execute a process; and achievements are successful accomplishments of stated objectives.  He stated activities are relatively easy to describe and count, but they do not show impacts or outcomes in the classical sense of measurable advances and progress toward a stated goal; measurements and outcomes in the proposal are activity driven; and they measure expenditures of energy and resources, but do not provide an indication of progress or achievement.  He advised of comments about mislabeling of measurement and activity columns, objectives providing specific measurements of changes, and quantity, quality, time, or cost of goals; and stated without this level of detail no real analysis can be done on the value of the work, its timeliness, or overall cost.  He stated no one can provide priorities of the work or any assessment of the comparable value of any part of the 17 elements of the agreement; and they need to focus less on quantity of activities and more on providing one or two real outcomes with cost objectives.  He stated another individual wrote that he could not endorse the proposal but made some suggestions concerning developing a basic business contract format.  He stated the problem that concerns everybody is that it is a three-year contract; the Board is walking into the economic collapse; and it a responsibility with the 68% increase to understand fully the guidelines of where it wants the EDC to go.  He stated there is a question why, if great things are occurring with Mr. Heard and Mr. Solid, they only represent 7% of the budget; and some of these things he previously covered with Ms. Weatherman last week.  He commented on a suggestion to have money set aside rather than allocating so they could move rapidly to hire key personnel to work on key projects. 

 

Chairperson Colon inquired who were the comments sent to; with Commissioner Scarborough responding it is from some folks with NASA, and they cannot be identified.  Chairperson Colon stated she always has a problem with anyone who does not want to identify himself or herself.  Commissioner Scarborough stated if Chairperson Colon wants him to, he could get some people in trouble; with Chairperson Colon requesting the people call her if they prefer not to be identified publicly.  Commissioner Scarborough stated he will ask them to call.  Chairperson Colon stated she does not have a problem with that; she was in City Council in Palm Bay for five years, and worked closely with the EDC; since coming to the County, she had an even closer working relationship; and in the last six years, she has been very fortunate to be able to get updated on a regular basis on the budget, projects, who is getting hired, how much they are getting paid, and very specific details.  She stated every time something tremendous has come to the community, the EDC has been backing it; and she has every intention of supporting a three-year contract because the EDC has gone above and beyond.  She stated she will match anyone who is challenging these things; the people should have called the other Commissioners if they had those kinds of issues; and she would have been very comfortable explaining the stands she has taken in her last six years as County Commissioner.  She stated sometimes you cannot please everybody no matter what you do; and commented on people who will not be pleased, the BRAC issue, the CEV, and the EDC staying on top of things.  She stated in the last two and one half years, the EDC has come to the Board repeatedly cautioning the Board to start thinking about the future and training workforce in the County.  She stated she is pleased with the job the EDC is doing; in regard to someone’s pay and that kind of micromanaging, that should be brought to Ms. Weatherman’s attention; and she is sure there are reasons why salaries are the way they are.  She stated people are always welcome to question; but the EDC has done excellent work; and advised of support of former Commissioners Carlson and Pritchard.

 

Commissioner Scarborough stated he wants to defend the people; the people are for the program; they would like to see the Board put $3 million into the EDC; but they want to make sure that the EDC accomplishes certain particular purposes.  He stated the people are not opposed to the EDC; but it is a three-year contract that is geared to accomplishing things; and he does not need to defend the people.     

 

Chairperson Colon stated the people want to know what the EDC has done to date; they want to know what is planned for the future; and there are answers for that.  She stated the people want to know what the increase in value is that the EDC can provide to the County; and they can provide that information.  She commented on showing resumes and goals including a minimum increase of deliverable growth; and stated she is very comfortable with the questions the people have; but she wants to make sure they are not insulting to the EDC.  She commented on people supporting the EDC; and stated she is almost offended by what she is reading.  She stated she has voted on this time and again; therefore, she is being questioned on how she is spending the taxpayers’ money; and the questions could be answered very easily to show where every penny has been spent and the kinds of projects.  She stated if it had not been for the EDC going to Washington and New Orleans to fight for them, she cannot imagine what would have happened to Patrick Air Force Base; and commented on the figures given earlier.  She stated at the next Board meeting she will be happy to provide a list of all the companies the EDC has brought to Brevard County and how many jobs that involves. 

 

Commissioner Voltz stated she agrees; the Board has been on top of the EDC spending; and if the EDC has not done something right, then the Board has not done something right.  She inquired if the EDC did not look out for the future of the County, who would be looking out for it; and stated there would be nobody but the EDC.  She commented on the EDC starting years ago; and stated it was an unprofessional organization with nothing to support the community.  She stated Ms. Weatherman has done a tremendous job; and for one organization to be micromanaging another organization’s budget is not right.  She stated there are always people who will disagree and think no money should be spent on the EDC; but she supports the three-year contract.  She stated the EDC has done a great job; she has never seen any indication that the EDC has done something wrong or mismanaged money; and she cannot imagine that the Board would suggest such things.  She stated she agrees with Commissioner Colon concerning the paper Commissioner Scarborough distributed; she did not get a phone call; she does not know why Commissioner Scarborough is the only one who got a phone call; and inquired if there was an issue, why were the other Commissioners not called.  She stated all of the Commissioners should be offended; and if the Board has not spent money correctly, it is the Board’s fault, and not Ms. Weatherman’s. 

 

Commissioner Scarborough apologized; and stated no one meant to offend the Commissioners or the EDC.  He stated the concern was the critical time the County is facing and the fact that there is a mammoth potential layoff; the EDC knows there has not been a stronger fighter for the EDC budget than himself; and it is not a matter of money, but that there are additional people that need to be involved when talking about the mammoth disaster that is going to occur in the county.  He stated the Board can approve it; he cannot approve it; and the Board has more responsibility than to just vote for monies, so he will leave because he is not happy at this moment. 

 

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

 

Commissioner Nelson stated because he does not have the background that other Commissioners have, he is looking forward; and it is a squishy area in terms of outcomes.  He stated he took the information that Commissioner Scarborough presented as being questions; some are legitimate; but it also points to the difficulty of coming up with a level of detail that others may want in this area.  He stated it is a three-year contract; that makes sense; and because it has a 30-day out and there is no guarantee of future funding it lends itself to additional discussion.  He stated the Board needs to put effort into addressing the questions as part of the process as opposed to trying to go back and say they have done all these things in the past, and that justifies what they are going to do in the future.  He stated he would prefer the Board to look at the three-year contract and move forward with the understanding that as they get into negotiations and future budgets, they are going to be asking questions again; they will know then what they can and cannot put in the contract; and they can deal with it as a future issue as opposed to trying to create the wheel.  He stated the Board will be here six months from now going over this if it does not move forward. 

 

Chairperson Colon stated it is a team effort; there must be accountability; and that is the track record that the EDC has, so she is looking forward. 

 

Commissioner Bolin stated being involved with the budget as a staff person, she can attest to the hours that it takes to prepare it; a three-year contract will free up the EDC staff to do other jobs such as getting new industry into the County; and that is her stand on it.  She noted there is the ability to change the contract within 30 days.

 

Chairperson Colon stated the Board is appreciative of the work that the EDC does; and she cannot thank the EDC enough on behalf of the community.  She commented on the work of the EDC, inability to put a dollar amount on the passion of the workers, and professionalism and commitment; and reiterated her thanks to the EDC.  She stated what is exciting is the entire community is part of the EDC; and that is why it is exciting for the Board to support the EDC.  She stated the Board is behind the EDC 100%; and she will entertain a motion. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute a three-year Agreement with the Economic development Commission of Florida’s space Coast.  Motion carried and ordered unanimously. 

 

 

Ms. Weatherman thanked the Commissioners for their kind comments; and stated she sincerely wants to address the issues.  She stated Commissioner Scarborough said he had given this to NASA personnel; she is more than happy to meet with them and go through every line; economic development is complex and dynamic; and it can bring back many questions.  She stated she is more than happy to address all the issues outlined, meet with the people, and do whatever she can.

 

Chairperson Colon requested Ms. Weatherman let her personnel know of the Board’s appreciation; and noted she will be the next appointee to the EDC.

 

Mr. Blake stated the EDC was the first outside entity to have a contract with the County that included measurables; he understands Commissioner Scarborough is not happy with the measurables; they have messed with them and will do so more; but they are the best the EDC can do, and they have always met or exceeded them.  He stated they understand there are outcomes; in terms of jobs created and sustained, the County was number 1 in the Miliken Institute Study; and that is an outcome.  He stated they have a report from the East Central Florida Regional Planning Council measuring the EDC’s effectiveness; the return is $75 to $1; and that is an outcome.  He stated they are not afraid of outcomes; they create outcomes; that is the job of the EDC; and they are glad to work with the County toward affecting the measurables.  He reiterated they are not afraid of outcomes; and they are more than happy to address them.

 

Chairperson Colon stated there is not a bigger champion for the Space Coast and the community than Commissioner Scarborough.  Mr. Blake stated they appreciate Commissioner Scarborough and have the greatest respect for him and his concerns as they have the same concerns.  Chairperson Colon stated she is glad to hear that; she wants to make sure that everyone is clear that Commissioner Scarborough is a great supporter of what is going on in the County; he is the one that champions to make sure the Board is fully abreast of news; and she is thankful he is on the Board. 

 

Commissioner Voltz stated someone mentioned something about 400 jobs being lost in the construction industry.  Ms. Weatherman advised she was just looking at the construction numbers for the last five months; they had a researcher on board; and pointed out the decrease in numbers from 18,500 to 18,100 people.  She stated it is volatile; and she would be happy to have that data charted out for the last two years if that would be helpful.  Commissioner Voltz stated impact fees take effect January 1; if construction jobs are being lost, she is not sure the County is going to be collecting the money anyway; and she would like to get information from staff about impact fees.  She noted she is the one who suggested the impact fees, so she is not against them; but she would like to get something from staff indicating the numbers, what permits are doing, and whether impact fee monies are going down.  She stated she would like to get all that information because if the County begins losing construction jobs, it will snowball tremendously from there; and that is something the Board needs to look at.  She stated if the County is collecting very little money anyway and the number of jobs is being reduced, it would be beneficial for the Board to look at that; and requested Ms. Busacca get that information to the Board at the first meeting in January 2007.

 

 

Upon motion and vote, the meeting was adjourned at 2:45 p.m.

 

 

 

                                                                        _____________________________________

JACKIE COLON, CHAIRPERSON

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

   

          (S E A L)