MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

April 9, 2009

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 9, 2009 at 5:02 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Chuck Nelson, Commissioners Robin Fisher, Trudie Infantini, and Mary Bolin, Assistant County Manager Mel Scott, and County Attorney Scott Knox.   Absent was Commissioner Anderson.

 

 

 

The Board of County Commissioners acts as a Quasi Judicial body when it hears requests for rezonings and Conditional Use Permits.  Applicants must provide competent substantial evidence establishing facts, or expert witness testimony showing that the request meets the Zoning Code and the Comprehensive Plan criteria.  Opponents must also testify as to facts, or provide expert testimony; whether they like, or dislike, a request is not competent evidence.  The Board must then decide whether the evidence demonstrates consistency and compatibility with the Comprehensive Plan and the existing rules in the Zoning Ordinance, property adjacent to the property to be rezoned, and the actual development of the surrounding area.  The Board cannot consider speculation, non-expert opinion testimony, or poll the audience by asking those in favor or opposed to stand up or raise their hands.  If a Commissioner has had communications regarding a rezoning or Conditional Use Permit request before the Board, the Commissioner must disclose the subject of the communication and the identity of the person, group, or entity, with whom the communication took place before the Board takes action on the request.  Likewise, if a Commissioner has made a site visit, inspection, or investigation, the Commissioner must disclose that fact before the Board takes action on the request.  Each applicant is allowed a total of 15 minutes to present their request unless the time is extended by a majority vote of the Board.  The applicant may reserve any portion of the 15 minutes for rebuttal.  Other speakers are allowed five minutes to speak.  Speakers may not pass their time to someone else in order to give that person more time to speak. 

 

The Invocation was given by Dr. Matt Collins, Aide to Commissioner Andy Anderson.

 

Commissioner Robin Fisher led the assembly in the Pledge of Allegiance. 

 

 

Commissioner Fisher read aloud a resolution congratulating the Astronaut High School Girls’ Basketball Team.

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to adopt Resolution congratulating the Astronaut High School Girls’ Basketball Team and coaches on winning the Class 4A State Girls’ Basketball Title.   Motion  carried  and  ordered  unanimously.  

 

Lauren Jenkins expressed appreciation to the Board for the Resolution on behalf of the team; and stated the team worked hard all season to meet their goal, which was winning the State Championship. 

 

Gregg Hostetler, Head Coach, stated the team has had a great group of girls to work with; they work well as a team together; and he expressed appreciation to the coaching staff consisting of Randy Mennihan, Tony Bennett, and Sara Murano.  He stated he looks forward to next year; his expectations are not to win the final four, his expectations are for the girls to come back and work hard and continue to improve and make themselves better individually and as a team; and if they do that, everything will take care of itself. 

 

Commissioner Fisher stated the Class 4A Championship was the 600^th win for the team; and that is quite a record, including the three previous State Championships with three different teams. 

 

 

Ed Lyon, Permitting and Enforcement Director, stated at the last Board meeting the Board requested staff to come back with a report; and he is happy to inform the Board that the engineering revision that was submitted at that time has now been approved.  He advised a letter of approval was issued and the developers have been given 120 days per Board direction at the last meeting for completion of the project.  He stated a driveway permit was issued and has been completed and inspected; based on conversations with the City of Cocoa, the City is to set the meter within the next two business days; and the Contractor will be on site Monday.

 

Judith Donaldson stated she would like to update the Board concerning the issues that were brought up at the County Commissioners meeting on March 24, 2009, concerning Waters Mark Subdivision.  She advised the entrance to her driveway has been completed with the surrounding area sodded; she appreciates the effort put in by Gator Environmental to have the work completed; she also appreciates the time spent by Danny Bates in Permitting and Enforcement in ensuring the task was complete; she would also like to thank Scott Tillman for his efforts on site during the driveway installation to ensure proper water drainage; and expressed appreciation to Chairman Nelson and his Aide, Liz Alward.  She advised the water line has been run from North Tropical Trail, but it is not hooked up to her residential line yet; when the water meter is installed there is more work that needs to be done to connect the water line to her home; and it is currently just basically sticking up out of the ground.  She stated the silt fence/security fence is still on site; and she would appreciate it if that could be removed.  She noted the driveway is beautiful.

 

Chairman Nelson stated he is happy about the improvements that have been made so far; and he would like to thank County staff for staying on top of things.

 

Rick Waelti, Gator Environmental, stated he needs from staff a reasonable evaluation of the bonding  that  is  in  place;  he  wants to  get a  schedule  together  for the Board so he can start Monday morning; the only loose end is that he needs timely, consistent, streamlined payment; he is asking that the Board quickly work with staff; and he has submitted a plan for draw downs, payments, execution, and to finish this project on time, but he needs help.

Mr. Lyon stated staff had some concerns on the cost of the project based on bid prices if the County were to go out to bid; staff believes the bond is sufficient to handle those; but he is not 100 percent confident there is 125 percent above that requirement; so if the Board would like staff to release funds that go below that 125 percent he may need some direction from the Board; but at this time staff is not inclined to release based on the 125 percent in the Code.

 

Chairman Nelson stated staff is not releasing the full amount that would reach the 125 percent, but there is a conflict between what staff believes 125 percent represents and the work to be accomplished.

 

Mr. Lyon stated staffs estimate may be high, but it is the best available data at this time.  He advised Gator Environmental has assured staff they can do it for a price of approximately $496,000; staff feels as though if the project is put to bid, it would be much closer to $600,000; and that is off by a factor of $100,000.  He noted there is $100,000 in bond money; 125 percent of what staffs estimate would be puts it at $740,000, but that is not bonded, and there is only the $600,000.  He stated Gator Environmental has said they can do it at that price and his understanding from Board actions in the past was to let them bond it because the County has assurance and money in there; and If the Board would like staff to do any releases at this time, he believes it would be below what the figures show as the 125 percent.

 

Assistant County Manager Mel Scott advised as an alternative, there is the representation that Gator Environmental will be mobilizing on Monday; and as an alternative the County can do one-third, one-third, and one-third, and then have the assurance that they are mobilized; then when they get one-third of the product finished, that would be the first release of $125,000 or $150,000; and inquired if Mr. Waelti needs money up front in order to get started.

 

Mr. Waelti stated the only difference right now is that he believes that the project, according to his costs, the County is bonded at about 130 percent of the cost; and all he is asking for is the 5 percent over bonding to be returned to the bonding party, which is Rick Woodsen, who will probably in turn remit that to him because of some back bills he owes him.  He stated that is all he is asking for; and then he wants to submit draws just like a professional contract.

 

Chairman Nelson inquired what the five percent represents; with Mr. Waelti responding it represents $27,000, which he is asking to be released immediately.  Mr. Waelti stated he would submit on the 25^th of the month and give staff 15 days to review and approve a draw.  Chairman Nelson stated that is reasonable.

 

Motion by Commissioner Infantini, seconded by Commissioner Fisher, to authorize staff to approve a five percent draw request from the total bond amount for the Waters Mark Subdivision.  Motion carried and ordered unanimously.

 

 

Commissioner Infantini advised she visited the animal shelter; she was frustrated by what she saw; there was particular room, which she will not describe in detail the conditions; but when she was presented with the Florida Statutes on cruelty to animals, it seemed to fall within those guidelines; there is certain criteria dealing with the availability of water, and wholesome exercise; and it is her belief the shelter is not currently being run as it should be.  She stated she would like to have the manager of the shelter removed, based on the findings.  She noted there were other people in attendance with her at the shelter; she has information from the County Attorney, who agrees that the animals should have water; and she thinks there should be some improvements made.  She stated she does not know what the Board’s authority is; she knows the Board does not hire and fire staff, but when it appears the Board is in violation of the law, and when the animal shelter operator does not have the compassion level to understand that what is being done is not right, then the Statutes have to be relied upon; and when she has to review the Florida Statutes herself to determine if things are in compliance, it has gone too far. 

 

Commissioner Bolin stated she would like to make a visit to the shelter verify the claims and to see if she witnesses the same thing Commissioner Infantini witnessed.  She stated for staff to do any firing of a staff person would be outside the Board’s boundaries; but she appreciates the information from Commissioner Infantini; and she will follow up on the issue.  

 

Commissioner Fisher stated the Board has to be careful about firing people; he hopes the Board has given the Interim County Manager and his Assistant County Managers the opportunity to fix the problem and address it; and that is where the Board should start.

 

Commissioner Infantini stated fixing a problem is terrific, but to have had it occur in the first place and not know there was a violation by not having water available in a dog’s pen is unacceptable; stated on the morning she visited it was an extremely cold morning and there was no means of warmth whatsoever for the animals that were penned up; the animals are not entitled to any exercise at all; and she finds that unacceptable that they are never to leave their cages during their stay.  She stated the fact that the animals did not have water is not acceptable to her at all. 

 

Chairman Nelson stated the animals Commissioner Infantini is referring to are in the dangerous dog compound; they are the dogs that are confined there because they have bitten someone or have been involved in some type of altercation.  He stated the Board can look at the report; he would like to get more information before the Board responds; the water problem is an easy one to take care of; and he is sure the Interim County Manager will take care of that; but there may be a question as to whether or not it really is a violation of State law.  Commissioner Infantini stated the lack of water is a violation of State law.  Chairman Nelson stated it is easy enough to take care of.  Commissioner Bolin inquired if there were water bowls in the cages; with Commissioner Infantini responding no, there was no water and no water bowls.  

 

Chairman Nelson stated he would like a report on the issues Commissioner Infantini raised regarding the South Area Animal Shelter, including lack of water, animals kept in a closed area for as long as it takes for them to be released, animals not permitted to be taken out of cages, animals having no blankets or means to maintain any heat, area completely closed off from any circulation of fresh air, and the animals standing in their own feces.

Commissioner Bolin stated there was a good groundbreaking ceremony for the Pineda Causeway Extension to I-95; and it is a thrill to be able to say the project has begun.

 

 

Commissioner Bolin advised she will wait until the next Board meeting to discuss the Space Symposium because Commissioner Anderson was also there; and she would like him to be able to comment.

 

Chairman Nelson stated he would like Lisa Rice, Workforce Development Board, to give an update on the efforts in regard to the NASA transition and the various grants.

 

Lisa Rice stated she is thrilled to report to the Board some of the progress of the Workforce Transition Program; and she would like to inform the Board of a few things that have happened and what might happen in the future.  She stated there are six different components of funding coming in for the Aerospace Workforce Transition Program; first is State funding at $1.75 million, which is general revenue dollars from the State and it is the first time Brevard has ever received any general revenue dollars; and it is also some federal dollars from the Workforce Florida State Board.  She stated there is also the Economic Development Administration Grant, which the County was a part of the match for about $50,000; and that is a total of $300,000 with the Board’s portion.  She noted there is the Regional Innovation Grant that just came in late December or early January; and that is approximately $250,000.  She stated the Workforce Development Board has also been put into the U.S. Omnibus Bill this year by Senators Martinez and Nelson, which is $238,000; and there is a request in to the Senators and Congressmen for $10 million.  She stated there is another request going back to the Workforce Florida Board for the American Recovery and Reinvestment Act funds, which is also known as Stimulus Funds, at $3.182 million.   She advised the components that went into State funding were developed out of the Aerospace Career Development Council, which is a group of stakeholders who actually had a County Commissioner representative at the time that was with the Council; and she would love to have someone from the current Board back on the Council.  She stated the components of communications and outreach, assessment, training or re-training, and supportive services all came about because of the stakeholder group identifying the components as things that absolutely need to be done when dealing with the aerospace workers and transitioning them.  She stated some accomplishments include having the communication message developed; it is in the form of a newsletter right now; it was noticed that most of the technicians working do not look at their computer throughout the day because they are hands-on workers and their compute time is very limited; that is the reason for the newsletter; and there is also a cable ad in production.  She stated everything around the communications message is trying to make the aerospace workers know they need to be doing something today in order to be ready for that next career, whether it is in aerospace or a whole new emerging career.  She advised the assessment has served over 1,100 people; and from the assessment, information is being gathered  from people to find out  where the skill  levels are and then  what does, is crosswalk to into other businesses.  She stated there are 347 people currently in training; there will be 522 people who have completed training by the time the grant period runs out, which is June 30, 2009; and training ranges from HVAC certification to specialized engineering types of courses, which will help them be competitive in working on the Constellation.  She stated to her, Supportive Services is one of the most heart-warming areas because it is intensive counseling and transition workshops; and many people have written letters to the Workforce Development Board thanking them for helping them.  She stated with the Economic Development Administration Grant, the components are business outreach, entrepreneurial training, establishing a process for asset transfer, and advocacy; the pieces match everything being done with the State funding as far as communications and outreach except it has more of a business focus; the business message is currently in development; and that is expected to go out within the next two to three months.  She noted the reason for that is because it is timing-up with what is happening on the Regional Innovation Grant; it has been an interested undertaking because it has been like weaving all the funds together to get to the final outcome; and that is why there is a lot of overlap and tying in together.  She stated there is also an entrepreneurial training component that has just been awarded to FIT through a competitive process; the program is very exciting; training should begin in a couple of weeks; and there are some exciting ideas for people who want to come out of the space industry and start their own business.  She stated the Workforce Development Board has also worked with an organization called Space Transportation Research and Development Institution (STURDI), which is out of Embry Riddle University; and it is an initiative that came out of the Aerospace Career Development Council as a way to start to move the shift from Brevard County being all about launch, to hopefully having a piece of the pie around research and development.  She noted there is also an advocacy piece that goes along with the STURDI; the Board will start seeing emails from her that talk about what things need to be thought about in space and why it is important to the workforce.  She advised the Regional Innovation Grant is one of the newest grants; the components are outreach to businesses, a Strength, Weakness, Opportunities and Threat (SWAT) analysis of the region; there is a regional strategic approach that is to come out of it; and there is a core regional leadership group.  She noted also, former Commissioner Sue Carlson, is the Project Director for the Regional Innovation Grant; and Tyler Sirois, former Aide to Chairman Nelson, is the Business Liaison.  She stated the responsibility of Ms. Carlson and Mr. Sirois is to make sure the Program goes across the East Central Florida corridor; they are working closely with the Florida High Tech Corridor; and the first step is to set up the core regional leadership group, which will help open doors to businesses throughout Orange, Osceola, Seminole, Lake, and Volusia Counties in particular.  She stated with the Omnibus Bill for 2009, the $238,000 is intended for the Workforce Development Board to continue the work of the Aerospace Workforce Transition; there are additional training funds in the bill, which is a good thing because out of the $1.75 million, there is only $20,000 left that is unobligated; and it was asked of the Florida Legislature to put the Workforce Development Board in at $3.182 million, but that was not done on either the Senate or House Bill, which is why the Workforce Development Board is going forward with the American Recovery and Reinvestment Act allocation.  She noted the Workforce Development Board is asking for the federal allocation in Fiscal Year 2010; Congressman Posey has put the Workforce Development Board in for $1 million; and Congresswoman Kosmas has put in for $3 million.  She stated with $10 million, the Workforce Development Board  would be  able  to train at least 2,000 people; the numbers so far look like 5,000 to 7,000 people will need to be trained; and that is a larger number than first expected.  She advised projects that were thought to be coming in have been either pushed back or are not coming to Florida at all; that is going to impact the prime contractors as to how many people they are actually going to keep; and that has a multiplier affect with NASA, which could mean approximately 20,000 people who will be looking for a job.  She stated the Workforce Development Board is asking Workforce Florida to spend some of the stimulus funds on the statewide effort; this would help train approximately 700 people, most of which are located in Brevard County.

 

Commissioner Bolin inquired what kind of support Ms. Rice and the Workforce Development Board is seeking from the County Commissioners.  Ms. Rice replied she is not looking for any money; but she would like to have a letter of support from the County Commission to Chris Hart, who is the President of Workforce Florida, letting him know how important it is for Brevard County to receive those stimulus dollars to continue the aerospace work.

 

Motion by Commissioner Bolin, seconded by Chairman Nelson, to authorize the Chairman to send a letter of support on behalf of the Board to Chris Hart, President of Workforce Florida, letting him know the importance for Brevard County to receive stimulus dollars in order to continue the aerospace work in Brevard County.  Motion carried and ordered unanimously.

 

 

Sue Carlson stated she is delighted to be part of the team workforce; it has been eye opening as she has never had the opportunity to work so closely with Lisa Rice and the Workforce team; and it is an amazing job Ms. Rice does.  She stated she hopes the strategy can get underway for the Regional Innovation Grant; and she looks forward to the Board’s support as well. 

 

Commissioner Bolin commented on people leaving the Kennedy Space Center to go to Huntsville Alabama to work in the space industry because there are more jobs available in Huntsville.  Ms. Rice stated there are going to be some people to relocate, but the Workforce Development Board is working to keep people in Brevard County.

 

Chairman Nelson inquired what is the group Ms. Rice needs a Commissioner to serve on; with Ms. Rice responding it is the Aerospace Career Development Council.  Chairman Nelson inquired if there is a volunteer on the Board; and inquired how often the Council meets. 

 

Commissioner Bolin noted Commissioner Anderson’s staff has indicated that he would be happy to serve on the Council.  Ms. Rice noted the Council meets approximately once per quarter.  Ms. Rice stated she would also like to request a support letter for the Regional Innovation Grant; and the reason for that letter is because as the WDB goes to other counties, they want to be able to say Brevard County supports it.

 

Motion by Commissioner Bolin, seconded by Commissioner Fisher, to appoint District 5 Commissioner Andy Anderson, to serve on the Aerospace Career Development Council.  Motion carried and ordered unanimously; and authorized the Chairman to write a letter to the Workforce Development Board supporting the Regional Innovation Grant.  Motion carried and ordered unanimously.

 

Item V.B.6. (NMI90301) Merritt Island Development, LLC’s request for a CUP for a Recreational/Residential Marina with 30 slips, retaining the existing BDP, in an EU-2 classification on 99.70 acres, located on the northwest corner of Treasure Lagoon Lane, and North Tropical Trail, which was tabled to the April 16, 2009 North Merritt Island Board meeting. 

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to table Item V.B.6. to the May 7, 2009 Board meeting, as recommended by the North Merritt Island Special District Board. Motion carried and ordered unanimously.

 

 

Chairman Nelson called for the public hearing to consider the recommendations of the Planning and Zoning Board of March 9, 2009; and the North Merritt Island Special District Board of March 12, 2009 as follows:

 

 

Item V.B.1. (Z0903401) Wuesthoff Memorial Hospital, Inc. requests a change from PIP to BU-2 on 9.32 acres, located on the north side of Spyglass Hill Road, east of Murrell Road, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to approve Item V.B.1., as recommended by the Planning and Zoning Board. Motion carried and ordered unanimously.

 

 

Item V.B.2. (Z0903501) Allan and Josephine Thorn’s request for a CUP for a Private Boat Dock Accessory to an Adjacent Single-Family Residential Lot, with a waiver from the requirement that the residential lot of record be within 1,000 feet of the dock parcel, on 0.88 acre, located west of Riverside Drive, south of Sand Dollar Road, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve Item V.B.2., as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item V.B.3. (Z0903101) Sarah Elizabeth Balogh, Matthew Philip Balogh, Andrew Bryant Balogh, and Carrie Elizabeth Balogh requests a Small Scale Plan Amendment (09S.01) to change the Future Land Use designation from Residential 4 and Community Commercial to all Community Commercial; and a change of classification from BU-1 and AU to all BU-1 on 5.28 acres, located east of U.S. 1, opposite the eastern terminus of Minnie Lane, which was recommended for approval by the Local Planning Agency and the Planning and Zoning Board. 

 

Motion by Commissioner Fisher, seconded by Commissioner Infantini, to approve Item V.B.3., as recommended by the Local Planning Agency and the Planning and Zoning Board; and adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the First Small Scale Plan Amendment of 2009, 09S.01, 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.

 

 

Item V.B.4. (Z0903201) Siriporn Peskowitz’s request for a change from RR-1 to AU on 5.0 acres, located south of Lake Drive, east of Seldon Lane, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Fisher, seconded by Commissioner Bolin, to approve Item V.B.4. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

Item V.B.5. (Z0902401) Sawgrass Land Development Company’s requests a CUP for Land Alteration and an amendment to an existing Binding Development Plan in an RU-1-13 zoning classification on 101.74 acres, located north of Pineda Causeway, west of Wickham Road, which was recommended for approval by the Planning and Zoning Board. 

 

Motion by Commissioner Bolin, seconded by Commissioner Infantini, to approve Item V.B.5 as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

 

Upon motion and vote, the meeting adjourned at 6:00 p.m.

 

 

 

ATTEST:                                                                     _________________________________

                                                                                    CHUCK NELSON, CHAIRMAN                                                                                                           BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

____________________

SCOTT ELLIS, CLERK

         

          (S E A L)