MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

July 10, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 10, 2007 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Mary Bolin, and Helen Voltz, County Manager Peggy Busacca, and Deputy County Attorney Eden Bentley.

 

 

 

The Invocation was given by Pastor Ken Babington, Cocoa Beach First Baptist Church, Cocoa Beach, Florida.

 

 

Chairperson Colon led the assembly in the Pledge of Allegiance.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Minutes of the April 10, 2007 Regular Meeting, April 24, 2007 Regular Meeting, April 26, 2007 Workshop Meeting, May 1, 2007 Workshop Meeting, May 3, 2007 Zoning Meeting, and May 24, 2007 Workshop Meeting.  Motion carried and ordered unanimously.

 

Commissioner Nelson read aloud a resolution proclaiming July as Recreation and Parks Month.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt a Resolution proclaiming the month of July 2007 as Recreation and Parks Month in Brevard County and encouraging all Brevard County citizens to take advantage of the quality public recreation and park services provided by the Brevard County Parks and Recreation Department.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson presented the Resolution to members of the Parks and Recreation Summer Day Camp, Teen Camp, and Future Leaders Camp, and to Dave Roberts representing the Palm Bay Senior Center.  Summer Day Camp member Tyler advised he has gone to the camp for the last four years; it is fun; and Viera is the best camp.  Teen Camp member Sydney noted she has gone to the camp for the past three years; and Viera is pretty cool. 

 

Commissioner Nelson noted the County has a great partnership with the Palm Bay Senior Center; and the Board appreciates all the work that has been done there as well as all the senior centers in the County.  Mr. Roberts expressed his appreciation to the Board on behalf of all the seniors; noted Brevard is the best County in the country; and invited the Commissioners to come down and see the Palm Bay Senior Center. 

 

Chairperson Colon stated the Parks and Recreation Department was recognized at the Caribbean Festival; it is awesome when the community recognizes staff; and they are all appreciated.   

 

Polly Cordell advised Rolling Readers was established in 1997 by Joanne Borders, Mary Eason and herself; it started in five of the Title 1 schools with about 20 volunteers; a Title 1 school is where 40% or more of the students are from lower income families in need of school lunches and things; and those students have a need for being inspired to read.  She noted there are now over 500 volunteers; the program has helped to improve the FCAT scores; the same volunteer goes into the same classroom once a week all year long; and at the end of the year each child is given a new hardcover quality book to keep.  She stated it has been a very successful program; they also have a tutor program; the newest program, GRIP (Grade Level Reading Improvement Program) where the children play board games to teach them to read has been quite successful; and many schools are asking for that program again next year.   She advised fund raisers go throughout the year to raise money for all the books they give.  She stated she received the National Point of Light Award in December and also received an award from the Met-Life Foundation. 

 

Commissioner Voltz expressed her appreciation for all the organization does for the children; and noted the children will appreciate it when they are into their adulthood and realize the importance of the program and what it is Ms. Cordell does.  Ms. Cordell advised the program mostly reads to Pre-K through third grade because if children do not learn to read by the end of the third grade, they have trouble the rest of their lives.

 

Commissioner Voltz presented the Governor’s Point of Light Award to Ms. Cordell representing Rolling Readers Space Coast, Inc.

 

 

 

Commissioner Voltz read aloud a resolution recognizing the Brevard County School District.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt a Resolution recognizing the Brevard County School District and the leadership of Dr. Richard DiPatri for being awarded the prestigious 2007 Governor’s Sterling Award.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough advised the Commissioners are well aware of the Sterling Process; the Board is very impressed with what the school system has done; and thanked Dr. DiPatri for his leadership.  Dr. Richard DiPatri expressed his appreciation to the Board for its recognition; noted they went through a rigorous process to achieve this; thanked Ms. Busacca for telling him about the Sterling; and stated he had limited knowledge of it and was more familiar with the Malcolm Baldrige Award, which is the national.   He  stated there was a team of about 26 people including Lee Barry, Brenda Blackburn, and Bob Seemer who is an expert on the Sterling and Baldrige Awards, working at this for a good seven or eight months; they are all really pleased; they have a great school system; and the most recent grades will represent it.  He commented on the State having a decline of 300% in “F” schools, Brevard having 22 of its 27 secondary schools being “A” schools, and four of those high schools reaching an “A” level but unfortunately dropping down a grade for a penalty clause that is in the law.  He advised they have a great teaching staff and a School Board that is committed, stands by its word, and supports the County with the resources; he appreciates the Board doing this; it sends a message to the community that they are all in this together; and everyone can be proud of the school system, the children, the parents, and the community members.  He noted Ms. Polly Cordell of Rolling Readers is a perfect example; the School Board is going to honor her next month as well; 517 volunteers is a massive amount; and most of them are senior citizens.  He stated because of Rolling Readers help, out of the 30 Title 1 schools in the County, 26 of those schools are “A” schools, two are “B” schools, and the other two are “C” schools; that is a great record for Title 1 schools; he thanks Ms. Cordell and the others like her for being a great asset to the District; and the business partnerships and community support in the County is unprecedented and that makes the difference.

 

Commissioner Scarborough expressed his appreciation to Dr. DiPatri; noted it goes without saying the people of Brevard County are very proud of the school system; and thanked all involved for their hard work.

 

Commissioner Voltz noted someone suggested to her that the schools that receive the low grades should be the ones receiving the money, rather than the “A” schools; she knows that is a State issue; but it does seem that is the way it should be.  Dr. DiPatri noted that is a great observation; but the School Board puts its money in those schools; the lower grade schools are its priority schools; and what the State reimburses in that lottery money is a reward system and encouragement.  He stated the schools like Endeavor, Cambridge, and University Park, which are the schools that have to struggle, not because they are not providing a quality program but because of the circumstances of the families, is where the School Board puts its money; it is the only place where it spends more money; and it gets lots of federal money.  He noted there are other things those schools get as well; for example, at Endeavor, which has been a “C” school for the past two years, the class size is 15-to-1, as opposed to other schools where it is 18-to-1 in grades K-3, and 22-to-1 in grades 4-6; so the School Board has been extremely generous in recognizing that.

 

Chairperson Colon noted Dr. DiPatri has a very difficult job; and expressed her appreciation to him.  She stated there are many challenges in working with all the different jurisdictions, municipalities, the County Commissioners, and the State; but he has stepped up to the plate; and the Board is really proud to have him there.  She advised there are times where it has been difficult for him to get his message across; but the proof is right there by the scores in Brevard County; he has put Brevard County on the map; and expressed her appreciation to all of the teachers and administration for their hard work.  Dr. DiPatri replied he is one of 10,000; and thanked the Board for its support and recognition.

 

Commissioner Scarborough presented the Resolution to Dr. DiPatri.    

Commissioner Voltz advised a citizen wrote a letter commending County employee Sandra Bailes for her outstanding and courteous efforts in helping resolve their issues; Ms. Bailes is not here; but requested Mr. Abbate or Ms. Busacca pass along the Board’s appreciation to her.

 

Chairperson Colon noted it would be nice to have Ms. Bailes come before the Board for recognition if possible later in the day.

 

County Manager Peggy Busacca advised staff has four items to remove from the Agenda; the first is Item III.A.21, Resolution and Maintenance Map for Lion Lane; the second Item is VI.D, Resolution to Vacate Rights-of-way in Orange Gardens Subdivision by Ulbricht and Blazik Land Developers, LLC, to be continued to July 24, 2007; the third is Item VIII.A.5, Waiver of Section 62-3204(g)(4)(g) for Fence for Wilder Trailer Sales; and the fourth is Item VIII.E.1, Abatement of Code Enforcement for Land Planners and Associates because the citizen has requested it be removed. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to continue the public hearing to consider a resolution to vacate rights-of-way in Orange Gardens Subdivision as petitioned by Ulbricht & Blazik Land Developers, LLC to July 24, 2007.  Motion carried and ordered unanimously.

 

 

 

Deputy County Attorney Eden Bentley noted the executive session for Brevard County v. National Union Fire Insurance Company and Palmer and Cay (now known as Wachovia Insurance Services) will be cancelled for today by Item VIII.E.5, and will be rescheduled on July 19, 2007 at 11:45 a.m.

 

 

 

Chairperson Colon advised under her report she has Mr. Casey Marchetti scheduled to give a presentation to the Board, but he had to cancel and she will reschedule for another meeting.

 

 

 

Mr. Kip Mathias, President of the Association of the United States Army, Space Coast Chapter, noted the Association is a voice for the Army; there are many soldiers on the Space Coast; and the newest Chapter in the Association worldwide is the Space Coast Chapter located in Central Florida.   He  stated  the  geographical  area  responsibility  is from Volusia County all the way to Martin and Okeechobee Counties; and it will represent the soldiers and their families there.  He commented on the role of the Association, communicating the needs of the Army, and Homeland Security; and stated the Association wants to let its members know that it is doing everything it can within the communities to help promote their interests.  Mr. Mathias noted there are nine regions that are worldwide; the Space Coast Chapter is in the third region which is the entire Southeastern United States, Puerto Rico, and Panama; worldwide they have 5,300 corporate member companies; and these are local businesses that become a corporate member of a Chapter.   He advised the Association creates professional documents such as the Army Magazine, a monthly newsletter, and The Institute For Land Warfare, which talks about what the Army has currently and what is the need; these papers are available to any government leaders; there are symposiums all across the country; unfortunately, the Space and Missile Symposium is out of Fort Bliss, Texas, because that is where the missile systems are usually launched; and their annual meeting in Washington, D.C. is October 8 – 10, 2007.  He noted the meeting is open to the public; and invited everyone to attend and see what it really takes to run an army.  He stated the Association also sponsors the Army 10-miler; the Army 10-miler is one of the most prestigious 10-mile races in the world; this year, there will be over 26,000 runners in the event; and it is a 10-miler around the Nation’s Capital.  He noted the Space Coast Chapter is sponsoring a team from Cocoa’s First Battalion 124^th; and it was a big effort to get that going in the first year.  He commented on reserve component access to Tri-Care, protection for service members from predatory lenders, funding to reset the Army’s equipment, funding for procurement of war essential items, enhancing the life insurance benefits, funding for barracks and family housing, funding for Operational and Maintenance dollars, closing the pay gap between soldiers and civilian counterparts, the transformation and modernization of the force, and increasing the Active Army in-strength by 100,000.  He advised Space Coast had a welcome home picnic for Delta Company; they are consistently sending packages to the troops; they are always looking at awards and scholarships; and within nine months it was selected as the best Chapter of its size in third region and might receive national recognition. 

 

Chairperson Colon inquired how people could get in touch with him; with Mr. Mathias replying people could contact them at c3206@ausa.org or call 321-591-9826.  Chairperson Colon expressed her appreciation to Mr. Mathias for the work he is doing; requested he please let the Board know what it can do to help; and stated Brevard County is very proud to be pro-military. 

 

 

Commissioner Scarborough advised on July 31, 2007, the Cabinet will close on the purchase of 52 miles of railway from the FEC; he will not be able to make it to the Cabinet’s meeting; he understands the Commissioners of Volusia County will be attending; and requested Commissioner Nelson attend the meeting to thank the Governor and the Cabinet for their work in Tallahassee to make this happen.  He stated this is going to be one of the most major rail trails; ultimately the trail system will run from Maine to Key West; it is very exciting to know that Brevard County will be one of the key places in that trail; and inquired if Commissioner Nelson could attend.  Commissioner Nelson stated he will be pleased to go; it is a great project and very significant Statewide; it is one of the highest ranking projects in the State; and it is remarkable they have been able to pull it off. 

 

Commissioner Nelson noted he would like to add something to Item III.B.1, which is an Amendment to an Agreement for an exchange of property; and requested a copy of the Amendment be sent to the City of Melbourne for inclusion because it has the conditions of use. 

 

Commissioner Nelson inquired if Item VI.A. is being pulled; with Assistant County Manager Mel Scott replying VI.A. should be tabled to July 24, 2007, so staff can continue to work out the issues associated with it. 

 

 

 

Commissioner Bolin advised she would like to congratulate the Town of Palm Shores on putting together 517 pounds of donated items for the Give-To-Troops Collection Drive, which is sent to the troops serving Iraq and Afghanistan; and read aloud a letter of thanks from a Marine Sergeant.

 

 

REPORT, RE:  GROUND BREAKING CEREMONY FOR BARNES/FISKE BOULEVARD 

 

Commissioner Bolin invited everyone to the ground breaking ceremony to start the construction on Barnes/Fiske Boulevard on Wednesday, July 18, 2007, at 9:00 a.m.; noted the event will be at the intersection next to the 7-Eleven; and the start of the construction culminates over four years of designing and engineering work.  She stated some of the most noteworthy upgrades will be adding two extended left-turn lanes, a new traffic signal, and striping; the improvements are expected to help with the congestion there; and it is anticipated to be complete in six months.

 

 

 WAIVER OF PARKING REQUIREMENTS, RE:  BETTER BUILT, INC.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to grant a waiver to Article VIII, Chapter 62-3206(d)(2)(r) of the Land Development Regulations to allow reduction of required parking spaces from eight to seven for the Better Built Warehouse at 633 Pam-Lem Street, Cocoa, Florida.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt a Resolution releasing Contract dated February 20, 2007 with The Viera Company for Solerno Boulevard, Phase 2.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt a Resolution releasing Contract dated January 9, 2007 with The Viera Company for Cortona Subdivision.  Motion carried and ordered unanimously.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt a Resolution releasing Contract dated January 9, 2007 with The Viera Company for Daintree Subdivision.   Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt a Resolution releasing Contract dated January 9, 2007 with The Viera Company for Levanto Subdivision.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt a Resolution releasing Contract dated August 8, 2006 with The Viera Company for Chelford Subdivision.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to grant preliminary plat approval for Seagate Park in Merritt Island, which was reviewed by staff as a site plan.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to grant permission to file an injunction on behalf of Code Enforcement against James and Pamela Booth, for violations of Brevard County Code Sections 94-48, Failure to Maintain Residential Property; Section 94-312 through 314, Junk Vehicle(s); Section 62-211(c) Parking, Locating, and Storing of Commercial Vehicles and Heavy Equipment, Etc.; Section 114.28, Excessive Accumulation and Growth; and Section 1011.6, Standard Housing Code, Failure to Maintain a Dock.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to grant a waiver of Section 62-3205(a) to allow a sixth six-month Site Plan extension, from July 30, 2007 to January 30, 2008 for the Shoppes at Baytree and Wickham, to allow Trycon Development additional time to complete the project.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve legislative intent to amend the Building Code Fee Resolution as recommended by the Building Construction Advisory Committee.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve a waiver of the requirement to construct a masonry or solid wall and allow replacement with a 20-foot wide A-1 landscape buffer for Baycrest Centre.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Binding Development Plan with Merritt Island Venture, LLC for property located on the southeast corner of Smith Road and Courtenay Parkway.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt a Resolution terminating the Leghorn Road and Pine Road Paving Municipal Service Benefit Unit in District Three and releasing and terminating any liens created by the Initial Assessment, Resolution 06-061; and authorize staff to make any budget actions necessary.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute an Interlocal Agreement with the Town of Grant-Valkaria for clean-up of debris following a disaster event.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to award a contract for the Solid Waste Computer Aided Landfill Operations System (CALOS) to Ring Power Corporation, 10421 Fern Drive, Tampa, Florida; and authorize the Chairperson to sign the Agreement.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Agreement with the Indian River Kontrol Society (IRKS) for an area at the Central Disposal Facility to be utilized as a Temporary Fly-In Area.   Motion carried and ordered unanimously.

 

 

RESOLUTION, DEED, AND INTERLOCAL AGREEMENT WITH CITY OF COCOA, RE:         TRANSFER OF TOWNSEND ROAD TO CITY OF COCOA                                      

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute a Deed and adopt a Resolution for the transfer of Townsend Road to the City of Cocoa; and authorize the Chairperson to execute the Interlocal Agreement pertaining to Industry Road, north of Cidco Road, and Townsend Road.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to certify the revenue percentage allocations, approve submitting them to County Finance, and direct County Finance to submit the allocations to the Department of Revenue.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the Partial Release of and Amendment to Conservation Easement and the Wetlands Mitigation Agreement for the Pineda Causeway Extension Project; and authorize the Chairperson to execute the Agreements.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize staff to submit project priorities to the Brevard Metropolitan Planning Organization for preliminary consideration.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to authorize the Utility Services  Department  to  advertise a Request  for  Proposals (RFP) for professional  consulting services that will be required in order to successfully secure financing (bonds) needed for future capital projects; approve a Selection Committee consisting of Utility Services Finance Manager Jim Helmer or designee, Assistant County Manager Stockton Whitten or designee, Solid Waste Director Euri Rodriguez or designee, Assistant Utility Services Department Director Steve Peffer or designee, and Utility Services Director Richard Martens or designee; and approve a Negotiating Committee consisting of County Attorney Scott Knox or designee, Utility Services Finance Manager Jim Helmer or designee, and Utility Services Director Richard Martens or designee.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve Change Order No. 2, increasing the Purchase Order with Chemical Lime Company of Alabama from $98,000 to $118,000.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Amendment 2 to Exchange Agreement with Paul R. Rufo for Wickham Park out parcels and providing for the change in zoning to C-1, Neighborhood Commercial District with strict limitation of use to professional office, studios, general offices and similar uses only, and an extension of the closing date to allow sufficient time to complete the rezoning.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to acknowledge the Palm Vista Preserve East Community Development District Proposed Fiscal Year 2007-2008 Budget, pursuant to Chapter 190, Florida Statutes.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to acknowledge the Heritage Isle at Viera Community Development District Proposed Fiscal Year 2007-2008 Debt to Service Fund and Budget, pursuant to Chapter 190, Florida Statutes.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to acknowledge the Chaparral Community Development District Proposed Fiscal Year 2007-2008 Budget, pursuant to Chapter 190, Florida Statutes.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to reject all bids received and approve re-solicitation of new bids for Bid #B-3-07-84, South Central Waste Water Treatment Plant Retaining Wall.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the Tourist Development Council (TDC) Revised 2007-2008 Cooperative Advertising/Marketing Assistance Program Handbook.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve the Stipulated Final Judgment including all damages, costs, and fees in the amount of $1,000.00 for value and $2,500.00 in costs and fees for Defendant, Walgreen Co. (easement interest only), Parcel 701.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to appoint Lynn Pickett to serve on the Historical Commission with term expiring December 31, 2007; and Ben Charvet and Kathie Vaughn to serve on the Mims/Scottsmoor Public Library Advisory Board with terms expiring December 31, 2007.  Motion carried and ordered unanimously. 

 

 

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

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve legislative intent and grant permission to advertise a public hearing to consider an ordinance amending Chapter 62,  Article  XII,  Code  of  Ordinances  of  Brevard  County,  Florida,  to  allow  consideration  of alternatives to the design criteria of minor structures located east of the Coastal Setback Line for the purpose of meeting Americans with Disabilities Act standards.  Motion carried and ordered unanimously. 

 

 

Bea Polk commented on the total dollar amounts for the projects at Marina Park; and noted each person she asks gives her a different amount.  She stated she would like to know the total amount on each project assigned to Marina Park; she would like to be able to go online and see which Commissioners approved it; and inquired which County Commissioners voted to move the amount of money from one project to another and why was it not brought back before the Board when it was moved.  She requested an investigation of the citizens’ money on the referendum.

 

Commissioner Scarborough noted he appreciates all the work Ms. Polk and Ms. Wheeler have put into Marina Park; one of the problems is that the only body that can contract to spend any money is the Commission; the money is collected both in the City and in the County and because of that there is a Park and Recreation Board that has almost a super-authority.  He noted the idea was that if it is collected both places that it should not have representation from the City; at their last meeting several weeks ago, they received a spreadsheet showing the amount of monies that are available; they were not asked to comment on it but take it home and discuss it at the next meeting; and that particular spreadsheet showed a total of $16 million that could be available for projects.  He stated of the $16 million, only two million is currently under contract; there was another column that showed the amount; the Park and Recreation Board has subcommittees that bring recommendations back to the Board and back to the City Council if it is a City project; and then the contracting and the expenditure of the fund comes before the Board.  He noted the Board will get the information that was provided to the Park and Recreation Board; and he did meet with some of the Park and Recreation Board members to explain what the spreadsheet was and see if that is what they needed.  He noted North Brevard did something a little bit different than the other areas; the November ballot not only said complete the projects, it also said it could enlarge and enhance the projects; within those words lies the dynamics because a person can see Marina Park and the exact amount that was voted for; but if people opted to they could enhance that project and go beyond the original 2000 referendum because there are monies to do it.  He noted not everything can be done; he did not total it up but it probably is in excess of $20 million; and it is a collection of wishes.

 

   

Joan Wheeler submitted a packet to the Board and Clerk; advised one of the pages is a transcription of what was said when the Board was thinking about lending $500,000 to the City of Titusville; and read aloud a quote by Commissioner Scarborough saying, “As I said, my report said there’s going to be more than enough money to do all the projects so I’d like to go ahead and move the item until I find something that’s wrong with it.”  She noted she has a copy of the report from the Parks and Recreation Board; the report is misleading; before the Board starts enhancing and augmenting, it should do the projects that the citizens were promised back in 2000; and there has been money spent on projects that are not even on the Referendum. 

 

Commissioner Scarborough noted the paper Ms. Wheeler has submitted is a spreadsheet that was provided by the North Brevard Park and Recreation Board; if there is anybody in the community that would like to get a copy of the spreadsheet it will be provided because it helps to see the extent of the funding and the projects that they will be considering; of course additional projects could be added; but just because projects have been requested by the public they do not have to be funded.  He stated there is $9 million-plus in the bank; deducted from that was any accounts payable; in addition to that there are other sources of funds that will become available for particular projects if they proceed and only if they proceed; and that is, of course, a decision of the Park and Recreation Board.  He stated there are discussions on where and how to proceed; but when and if the Board gets that report back, there will be more than enough funds to fund it at the amount of the 2000 referendum, and additional amounts if need be; so he is excited and enthused about it and the community should be as well.

 

Commissioner Voltz noted there was an audit of the Parks and Recreation Department and there were a number of items in there that the Board should probably address; and inquired if there will be a workshop scheduled regarding it.  She noted there were a lot of good suggestions in there.  County Manager Busacca replied there is currently not a workshop scheduled; she will come back to the Board with a tentative date for one.  Chairperson Colon inquired if a workshop has been scheduled for TiCo; with Ms. Busacca replying she does not believe it has been rescheduled; there are open workshop dates in both October and November; and she will get those scheduled.

 

 

 

Chairperson Colon called for the public hearing to consider resolutions, exchange of property, vacating public access only across portion of Mullet Creek Road, accepting rights-of-way, and naming and/or renaming roads following 911 guidelines for South Beach Community Park.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to continue the public hearing to consider resolutions, exchange of property, vacating public access only across portion of Mullet Creek Road, accepting rights-of-way, and naming and/or renaming roads following 911 guidelines for South Beach Community Park to July 24, 2007.  Motion carried and ordered unanimously.

 

 

 

Chairperson Colon called for the public hearing to consider a resolution to vacate drainage easement in Hidden Hills Subdivision.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing to consider a resolution to vacate drainage easement on Lot 10 in Hidden Hills Subdivision as petitioned by R. K. Engineering (Bruce Jones) to October 9, 2007.  Motion carried and ordered unanimously.

 

Chairperson Colon called for the public hearing to consider a resolution vacating rights-of-way in Orange Gardens Subdivision.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to continue the public hearing to consider a resolution to vacate rights-of-way in Orange Gardens Subdivision as petitioned by Ulbricht & Blazik Land Developers, LLC to July 24, 2007.  Motion carried and ordered unanimously.

 

 

 

Chairperson Colon called for the public hearing to consider an ordinance amending Additional Building Height provisions in MIRA.

 

Commissioner Nelson advised this is not giving MIRA any special powers; it is actually taking away the special powers that were there; and it makes them consistent with the rest of the County’s Land Use Regulations for Height.            

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida, specifically amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Section 62-2101.5 by removing additional building height provisions within the Merritt Island Redevelopment Area; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Assignment of Option to Purchase with The Nature Conservancy for the Nancy Cardinale Gaizo d/b/a Alta Mar Seafood property; and authorize staff to exercise the Option for Sale and Purchase on or before August 3, 2007.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve mailer to inform residents of the City of West Melbourne, and Towns of Palm Shores and Melbourne Village that the County intends to use the uniform ad valorem method of collecting a non-ad valorem special assessment for fire protection services provided by the County.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Agreement with Brevard Associated Court Services, Inc. for court reporting services for the County.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve cancellation of scheduled executive session for July 10, 2007, at 11:30 a.m. for Brevard County v. National Union Fire Insurance Company and Palmer and Cay (now known as Wachovia Insurance Services, Inc.) due to the unavailability of Jack Klingensmith, Esquire; and approve the cost of advertising for and rescheduling of the executive session to July 19, 2007, at 11:45 a.m., or as soon thereafter as possible, pursuant to Section 286.011(8), Florida Statutes.  Motion carried and ordered unanimously.   

 

 

 

Chairperson Colon called for the public hearing to consider a resolution vacating a right-of-way on Sykes Creek Parkway for Merritt Towers Condo Association, Inc.

 

Transportation Engineering Director John Denninghoff advised staff has determined that the right-of-way that is being requested to be vacated is in the name of the County with a reverter for the Internal Trust for the State; as such, if the County vacates it will revert to the State; there is a process it could undergo to get the reverter eliminated; but it is lengthy, difficult, and also questionable as to whether or not it would be successful.  He noted the petitioner has agreed to the idea of withdrawing the petition in favor of utilizing a Right-of-way Use Agreement to accomplish the same goals and objectives; staff believes that is a more secure way to go about accomplishing this; and staff can bring back a Right-of-way Use Agreement either on July 24, 2007 or sometime in August.  

 

Commissioner Nelson noted the right-of-way goes into the Veterans’ property as well; the organization is looking to expand the Veterans Center, which will then create an issue; and he would like to direct staff to contact the State to see if at least some portion of it can be vacated.

 

There being no further objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to withdraw the petition to vacate a portion of Sykes Creek Parkway adjacent to Merritt Towers Condominiums; and authorize staff to develop a Use Agreement for use consistent with standards for access for emergency equipment, and to contact the State to see what options are available for better use of the right-of-way, particularly related to the Veterans Center.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the public hearing to consider an application for modification of Rosehaven Subdivision Plat as petitioned by P. Anne McDaniel and Jerry Spangler.

Commissioner Scarborough noted County Attorney Scott Knox advised that there may be a request to continue the item; Mr. Knox met with the community group yesterday; but he does not know if that was a part of the discussion or not.  Deputy County Attorney Eden Bentley advised there is a request for continuance; there are also some changes in the scenario since the Board last heard about this item; there has been a Declaratory Judgment action filed in which the County was joined as a party; and there is also been a Statutory Way of Necessity action filed where the County is not a party.  She stated while this item is up today the County Attorney’s Office would like to ask permission to file a motion for Leave to Intervene in the Statutory Way of Necessity action so the County can be part of that lawsuit; if it gets permission to intervene, it would then like to ask to consolidate the two lawsuits to address the issues; and the Declaratory Judgment action shows there is a dispute here as to how to interpret the Codes.

 

Commissioner Scarborough inquired if the community is aware of the request to continue the item; with a representative of the community replying yes.  

 

Ms. Bentley noted the hope is that the County would be able to consolidate the lawsuits and then abate the item until the Circuit Court proceedings are completed or resolved.  Commissioner Scarborough noted he would like a time certain.  

 

Commissioner Voltz requested more information.  Ms. Bentley advised there are property owners behind the subdivision who would like to use a subdivision lot to get to a roadway; they are under some Code provisions, which would require them to come back and get a plat amendment in the County’s opinion; they dispute whether or not that Code provision requires that; and they are going to the court to have the court make an interpretation of the Code.  She stated that is the declaratory judgment action; they are taking a two-pronged approached to this however; they are going that way and they are also filing for something called a Statutory Way of Necessity to force access through the court system through this little subdivision lot; and the second case is where the County is not a party and it would like to be a party since it is all wrapped up together.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing to consider an application to modify the plat of Rosehaven Subdivision by allowing an ingress/egress easement to be placed over Lot 10 of the Rosehaven Subdivision for the construction of a driveway access to a fifteen-acre property for the purpose of applying for two building permits as requested by P. Anne McDaniel and Jerry Spangler to October 9, 2007; and authorize the County Attorney’s Office to file a motion to intervene in the Statutory Way of Necessity Case in order to become a party in the lawsuit.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the public hearing to consider an ordinance amending the minimum size for recreational vehicle park destination resorts.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida, specifically amending  Chapter  62,  “Land  Development  Regulations”,  Code  of  Ordinances  of   Brevard County Florida; amending Section 62-1841.5, relating to Recreational Vehicle Park Destination Resorts; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Brevard County Code of Ordinances.  Motion carried and ordered unanimously.

 

 

 

Commissioner Voltz noted the applicant is requesting a waiver on the Primrose Drive paving but there are some neighbors who are requesting it to be paved; and inquired if the item should be tabled and perhaps do some sort of an MSBU. 

 

Transportation Engineering Director John Denninghoff stated an MSBU would be one way to fund it; that would require consent on the part of the property owners; he does not know what the status would be on a survey; and he does not think staff has received a preliminary survey indicating that very many of the residents want to do that.  He stated in addition to that, it has to meet all the standards for engineering and transportation standards for the design of the road.  Commissioner Voltz noted that would not be a problem to contact the property owners to see if they wanted to fund an MSBU; and inquired how long would it take.  Mr. Denninghoff noted ordinarily the property owners approach staff; and then staff initiates a survey based on a preliminary survey that the property owners present; and that process is somewhat lengthy.  Commissioner Voltz inquired if it is lengthy for the vote just to find out if the property owners want to participate.  Mr. Denninghoff replied yes, unless there is already a Dirt Road Paving Agreement in place to mandate an MSBU; and it takes a little bit of time to get that process going.  Assistant County Manager Mel Scott advised it might be a good first step to just relay the emails to the Road and Bridge Department; and there is a segment within that Department that deals exclusively with this process and they will get the ball rolling. 

 

Bruce Moia, representing the applicant, inquired if they said an MSBU for an unpaved road out there; with Mr. Denninghoff replying the Dirt Road Paving Ordinance and the MSBU Agreements that a person enters into when they pull a building permit allows them to pull a permit on a dirt road; and when 50% of the parcels along that portion of the roadway pull building permits, the MSBU process is started and it will fund the paving of the road.  Mr. Moia inquired assuming everyone else would enter into the agreement then the process could move forward; with Mr. Denninghoff replying that is a separate process.  Commissioner Voltz noted she was just told that Primrose Drive is on the CIP to be paved.  Mr. Denninghoff noted it may be on Road and Bridge’s CIP but it is not on Transportation Engineering’s.  Commissioner Voltz noted if it is on the CIP to be paved this is all unnecessary; and requested they find out.  Mr. Denninghoff noted that would be correct assuming that the funding is there; some of those CIP’s get adjusted based on culverts that collapse and staff has to reprioritize.  Ms. Busacca stated the Board has been talking about the MSTU funds being reduced this year, so that may be changing too.  Mr. Denninghoff stated he has looked at some of that and Road and Bridge is revising a lot; he is not sure in this particular case what they are doing; but he knows there is a significant impact that is going to take place on the CIP as a result of the tax reform.  Commissioner Voltz noted she would like to table until more information could be found out on which way it could go; and suggested Mr. Moia call her office to set up an appointment. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, tabled consideration of Warren Beans’ request to waive the requirement to pave the portion of Primrose Drive in front of his property, per Section 62-3202 and Section 62-2956 of the Code.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon advised Sandra Bailes has arrived for staff recognition.  Commissioner Voltz read aloud a letter of commendation from a citizen; and expressed her appreciation for Ms. Bailes exemplary customer service.  Ms. Bailes advised she is following Mr. Abbate’s example of high standards for employee benefits.

 

 

 

Commissioner Bolin stated it is her understanding that the applicant is requesting a waiver to the new policy that the Board just put together.  Permitting and Enforcement Director Ed Lyon advised the applicant is requesting to extend the Site Plan; the Board has directed staff to modify the existing Ordinance regarding the length of Site Plans and how long they are in the system; and they are actually asking to go beyond what the Board has authorized staff to put in the new Code.  Commissioner Bolin inquired what is the timeframe that staff looked at for this item; with Mr. Lyon replying staff was directed and they are currently working on the language to bring back to the Board to have a Site Plan be good for one year, with one possible extension at the staff level; so it would be in the staff level for eighteen months and anything beyond that to come back to the Board; and staff was also directed to provide some standards or criteria on when the extensions should be allowed.  Commissioner Bolin noted in this case the application expired on August 16, 2006; with Mr. Lyon replying yes.  Commissioner Bolin advised in conversations she received information that there were different discussion meetings as far as the actual site plan and they were proceeding forward; and there was an awareness that it had been expired.  Mr. Lyon replied he has been told that the applicant was dealing with Natural Resources staff independently of Land Development; so people within his Department were not aware of those other conversations; but they were working with Natural Resources, which was the only issue still on the table.  Commissioner Bolin stated she would like to propose to follow the new policy that there be a resubmission but the Board waive any fees involved in it because there was active correspondence and discussion with this entity; it bothers her if staff gave the perception that it was an inactive site plan; and requested it be put on a fast track to get through.  Commissioner Scarborough inquired if Commissioner Bolin was saying for the Board to not approve the item but allow them to resubmit without fees; with Commissioner Bolin replying yes.  Commissioner Voltz inquired if Commissioner Bolin is asking the applicant to go through the entire site plan process again; with Commissioner Bolin replying yes, resubmit and follow the policy.

 

Motion by Commissioner Bolin, seconded by Commissioner Scarborough, to waive any fees associated with the resubmission of a site plan for Spyglass Executive Center.

 

 

Commissioner Nelson inquired what does that subject the project to now; and will it be new standards; with Mr. Lyon replying yes, they would be required to meet all new standards; and he is not aware of any changes other than the Landscaping Code that were anything out of the ordinary.  Commissioner Nelson advised he does not think this was intentional; everyone was trying to work in good faith effort to try to get the project moved forward and to take care of all the issues; and his concern is that there was not a fail safe.   He  stated  there  is one part of the County working to help the applicant but it did not ask the specific question, “is your application current”; while staff is not required to, he thinks from a customer service perspective it would have been a good thing; and inquired timing-wise how long is this going to take for this to move forward.  Mr. Lyon noted the environmental issue was the biggest one that was still out on the table.  Natural Resources Management Director Ernie Brown advised from an environmental perspective there was a wetland issue there that staff had been continuing to help the applicant with and provide customer service, which was the Department’s greatest shortcoming in this particular situation; and staff was continuing to help the applicant when apparently it should not have been.  He noted the wetland issue, as far as the County is concerned, is near resolution; but there is still a need to go back to St. Johns River Water Management District so it is hard to project; it could be two months or six months; and that is beyond staff’s control.  He stated in regards to the landscaping/land clearing, the new Ordinance would make it more flexible for the applicant than the current criteria that he has to deal with now.  Commissioner Nelson noted his only concern is timing; he does not see any benefit to going back all the way through the process; he appreciates what Commissioner Bolin is saying; and if there were other changes that occurred that would update it, then maybe that would help but right now he only sees they are adding time to a process.

 

Chairperson Colon noted Commissioner Bolin is trying to make sure everything is done by the books and that can still be accomplished; if there had not been any discussion between County staff, she thinks it would be more of a problem; but because there was some discussion, it would be better to move the process along.  She noted there does need to be a safety net so there are not more instances of these in the future. 

 

Commissioner Bolin withdrew her motion. 

 

 

Commissioner Voltz requested the ninety days start from today, making it extended until October 8, 2007. 

 

Chairperson Colon inquired if the new regulations in regards to the landscaping are the ones that will be followed with this particular project or is the process too far in.  Mr. Brown advised in order to do that, to keep it clean and enjoy the benefits of the new Ordinance, the applicant would have to resubmit.  Commissioner Nelson noted the new Ordinance is less stringent.  Mr. Brown noted it is, but the applicant has already met the criteria for the old Ordinance at this juncture; he could save money by applying the new one but he would have to resubmit to do that; and he has already done the work for the old Ordinance.

 

Chairperson Colon noted her concern is that the new Ordinance works better in regards to the project; and inquired how much more would it be and would it be just a matter of where the trees are.  Mr. Brown stated it would require a re-review based on the new standards, which are predominantly tree protection.  Chairperson Colon suggested leaving it alone; with Mr. Brown noting that may be best.

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to grant a waiver of Section 62-3205(a) to allow an extension from August 16, 2006 to October 8, 2007, to obtain approval of a site plan for Spyglass Executive Center.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz inquired if both Departments have access to the same computer data; with Mr. Lyon replying currently the software that the County uses does not allow that flexibility; the good news is that the Board has authorized and contracted with a consultant to build a new one; and it should be going live sometime in August, where that information will be shared across the network.  Commissioner Voltz noted it does not make sense to not be able to do that.  Mr. Lyon stated it is based on an outdated system that the County has been using for a very long time. 

 

Commissioner Nelson noted staff did not do anything wrong; he does not want anyone to get the impression that somehow they slipped up; there was really nothing done wrong; and staff was doing what they are supposed to do.  He stated staff will be more sensitive now to the fact that if a Department starts getting involved with someone who is having an issue they will first check the permit until the new system is up and running.

 

 

 

Dr. Pat Fuller expressed his concern over the congestion on Wickham Road; and urged the Board to move forward as quickly as possible.

 

Chairperson Colon expressed her thanks to former Commissioner Sue Carlson; noted she was an intricate part of making this possible along with County staff and Commissioner Bolin for taking up the baton; it has been a great partnership; and no one wants this more than the Board of County Commissioners.  She stated they have been working at this for a very long time.

 

Commissioner Bolin advised she supports the option with the overpass agreement with the railroad; that would achieve the widening at the railroad crossing which is definitely needed; and the Florida Department of Transportation has said it would be contributing $26 million towards the overpass. 

 

Commissioner Voltz noted Option 1 that Commissioner Bolin is supporting, says that it should be noted that the funding of the cost of the engineering and design is unidentified; and she understands that is part of the process and FDOT will be paying for that so it is something that staff needs to make sure is in there.  She stated she got an email this morning from Holy Trinity Episcopal Academy; the County had a Contract with them to purchase some property; they are not too happy about the overpass; and she is not sure where that Contract sits as far as breaking it.  She inquired how it will be affected by this.  Transportation Engineering Director John Denninghoff stated he does not believe that is going to have an impact on the Agreement; the Agreement was reached in the context of what the County was contemplating at the time in terms of construction, which did not include an overpass; in the process of developing the plans and the concepts for the widening and extension of the Pineda, the County advertised, had public meetings, and sent letters to all the property owners including FEC; and they chose not to respond.  He stated there was some communication with them but at no point did they indicate they were not going to agree to the widening of the roadway until staff formally applied for the permit for it; and at that point, staff was well into all the right-of-way acquisitions, which included the 0.28 acre Holy Trinity piece.  He noted it is a change from what was contemplated at the time the agreements were reached.

 

Commissioner Voltz inquired if it will affect the alignment at all.  Mr. Denninghoff replied at this point, he believes they will be able to get the overpass itself within the right-of-way alignment that  has  already  been  acquired  and  secured;  however,  there  are  right-of-way  implications access to the roadway; there are several parcels that are impacted by that and staff will have to  resolve those; so the alignment itself may not adjust but there will have to be other adjustments.  Mr. Denninghoff noted the costs for the right-of-way actions are included in the cost estimate and will be recoverable under the FDOT grant as he understands; but staff has only estimated what those will be at this point. 

 

Commissioner Nelson noted the only difference between Options 1 and 2 is that Option 1 says the County will do everything that FEC is requiring and Option 2 gives staff the opportunity to talk and see if they can get a little bit better deal; but timewise they are going to be about the same.  Mr. Denninghoff stated that is essentially correct; the County will save a little bit of money under Option 2; in effect, it does not do the widening across the tracks; but if the County secures the money to build and gets comfortable with the cost of the bridge, then everything can move forward in that direction.   He noted he anticipates the agreement with FDOT to be a reimbursement agreement, meaning if the County comes up with secured funding for the entire overpass, FDOT would reimburse in 2012; if the widening across the railroad tracks does not happen, that cost will be saved because it would be removed and replaced with the overpass but it comes at the expense of not having the four lanes across the railroad tracks; and it is not his favorite option but it is out there and available for the Board to consider. 

 

Commissioner Nelson noted he does not like to accept all these conditions upfront but he does feel the widened section across the railroad tracks is necessary; and suggested a blend of Options 1 and 2.  He noted they could take out the portion that says the County agrees to the mandated.  Mr. Denninghoff advised staff would negotiate the agreement; there are going to be a lot of details in there that have to be worked out; along with that, he would like to begin the process of looking at the overpass itself so that he does not discover any fatal flaws with the whole idea after executing an agreement; and staff can bring back to the Board an agreement that it is comfortable with and understands both cost as well as feasibility.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize staff to negotiate an agreement with FDOT, FECR, and Brevard County to allow the building of the at-grade widening over the current railroad tracks as outlined in the FEC letter, and bring such agreement to the Board for approval; direct staff to do a feasibility study on the overpass, and begin negotiating solving the right-of-way and access impacts that are associated with the overpass in conformance with Land Acquisition policies; and authorize the Chairperson to write a letter of appreciation to FDOT.  Motion carried and ordered unanimously.  

 

 

Facilities Director Steve Quickel stated he would like to acknowledge the extraordinary support from FDOT in this matter; the decision to supply these funds to the County came from the highest levels in Tallahassee; it took a while to work this through on the DOT side; and there were options where the DOT could have required local match for this money but staff was very clear that the County did not have it. 

 

Commissioner Bolin noted Frank Hickson is in the audience; and inquired if he would like to make any comments.  Mr. Hickson stated they will be working closely with County staff to get the agreements done and executed; Georganna Gillete is in the audience; and she will be the new MPO Liason for Brevard County. 

 

Catherine Ford, from Holy Trinity Episcopal Church, stated she missed the vote, but would have been speaking against this proposal; Holy Trinity has been at the table with the Board since the onset before she bought the property in 1998; she came to the County and asked is there any possibility that the Pineda extension would impact the property purchase and was assured at that time that it would not.  Ms. Ford stated subsequent to that, the decision was made to impact Holy Trinity Episcopal Academy further; she entered into negotiation in good faith with the County; and in 2002, sold a small piece of their property to the County because they wanted to be good partners in the community.  She stated she stands before the Board telling it that Holy Trinity has been a good partner in the community; it is a very well respected, not-for-profit, independent school; and it is doing a terrific job in terms of turning out the County’s future leaders.  She stated the School is strategically placed so that it can invite children from all over the County; but the entrance has been and will continue to be disastrous; there have been a number of accidents; and some of the students are newly licensed drivers.  She stated her petition to the Board at this late point in time, is that when the time comes the County take care of Holy Trinity; Holy Trinity has taken care of the County in terms of their good faith negotiations; and yet she feels very much left out of the process.  She stated she has been at the table every single time but Florida East Coast Railway never came to the table with them; now she finds herself in a difficult situation with the students and faculty in terms of access without a real solution; and requested the Board be very mindful of who they are and where they are.

 

Chairperson Colon stated the Board is very thankful for the partnerships that it has and will continue to work very closely with Holy Trinity.

 

Mr. Denninghoff noted contained within all of this is resolving those right-of-way and access impacts that are associated with the overpass; and he would like to have the Board authorize staff to begin negotiating to solve those issues as early as they can in conformance with the Land Acquisition policies.  MPO Director Bob Kamm noted there is some vacant property adjacent to the alignment and staff would like to secure that property now before it becomes developed. 

 

 

The meeting recessed at 11:12 a.m. and reconvened at 11:27 a.m.

 

 

Commissioner Nelson recommended Option 3; noted it allows staff to proceed with further discussions to refine the Ordinance and bring something back to the Board; the issue is the Board has had all sorts of unique ways of using the Flag Stem Ordinance to create subdivisions; and the Ordinance needs to be refined a little bit better so that the Board does not end up with other issues.

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to approve Option 3 of the Flag Stem and Easement Access Report as follows:  Create a minor subdivision process within the Land Development Regulations; Criteria defining the scope of a minor subdivision would need to be established; Staff proposes that it should include a formal platting process; This would add one additional step to the current system, but it may be possible to reduce other design standards to ease the overall process; and as an example some of the following could be considered:  Access roads could be of a lesser standard (such as dirt roads could be allowed if not maintained by the County, smaller lane widths could be allowed, and smaller cul-de-sac diameters based on the overall length of the roadway);  the  Perimeter Buffer Tract could be waived; eliminate the need for a Pre-Application conference; and reduce the number of agencies in the review process.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adjourn as the Board of County Commissioners and reconvene as the Governing Body of the Brevard County Mosquito Control District.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve and authorize the Chairperson to sign the State of Florida, Department of Agriculture and Consumer Services, Brevard Mosquito Control District’s Tentative Detailed Work Plan Budget for Fiscal Year 2007-2008.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adjourn as the Governing Body of the Brevard County Mosquito Control District and reconvene as the Board of County Commissioners.  Motion carried and ordered unanimously.

 

 

 

Commissioner Voltz recommended having the Agendas state the Board of County Commissioners also sits as the Brevard County Mosquito Control District Governing Board and the Barefoot Bay Water and Sewer District Governing Board to eliminate having to recess and reconvene.  Deputy County Attorney Eden Bentley noted she would look into it.  

           

Pastor Mose Smith, Jr. advised he is representing the North Cocoa Civic League; and commented on their concerns regarding the request by the Economic Development Commission. 

 

Maureen Rupe commented on concerns regarding amending the Tax Abatement Ordinance; and noted if the Board is considering amending the Tax Abatement Ordinance she also hopes there would be intent to place penalties on firms that have not fulfilled their obligations for tax abatement.

 

Deputy County Attorney Eden Bentley advised County Attorney Scott Knox rendered a legal opinion that the existing Ordinance would need to be amended in order to allow what the EDC is asking; it needs to be a co-location for an existing facility; so if the Board wants to allow this sort of thing, it would need to amend the Code. 

 

President of the EDC Lynda Weatherman stated what they are trying to do is to make the Ordinance reflective of Statute; the tax abatement was first passed in 1994; the only reason they  have  this  is  because  the  people  of  Brevard  County  voted for it; and everything that is allowed in the Ordinance is reflected by Statute.  She stated she will be happy to meet with anyone who has questions about tax abatement; the program is a partnership with companies that are making tremendous investment in jobs, capital, and pay, and the County, which is providing an incentive to get the company to locate here; and the program is critical because it is a competitive market and because it allows them to leverage it at the State level to bring in State dollars.   

Chairperson Colon inquired what is the penalty if a company is not complying with their part.  Ms. Weatherman replied if a company does not create the jobs, their tax abatement is eliminated.  Economic and Financial Programs Director Greg Lugar responded the Board will see in two weeks from now a proposal to rescind five companies. 

 

Commissioner Voltz noted this is not just about one company; and it is about any company coming in and being able to expand into a different site other than what they have right now. 

 

Commissioner Scarborough suggested including as part of the legislative intent to be able to look at other issues as well to make sure they are abating taxes fairly and for the benefit of all.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve expanded Legislative Intent and permission to advertise to amend the Economic Development Ad Valorem Tax Exemption Ordinance, specifically, Section 102-184(2) of the County’s Code of Ordinances.  Motion carried and ordered unanimously.

 

 

Commissioner Scarborough requested Ms. Weatherman prepare a detailed explanation of how the EDC’s budget from the prior year was allocated and where the additional 60% or $600,000 is applied.  Ms. Weatherman responded she will do that.  

 

 

 

Fred Jorge requested a change in Amendment Section 62-1188; noted this Code permits the reconfiguration of nonconforming lots of record in a platted subdivision; but it restricts it in such a way that a reconfigured lot must have at least one complete old existing lot on the original plat within the new property line boundaries.  He stated it does keep someone from adding more lots or increasing the density but in this particular case it is over-restrictive in its application.  He displayed a map showing a subdivision of nonconforming lots of record.  He stated the subdivision was platted before the Comprehensive Plan went into effect; it was originally platted for 50-foot wide lots; that has since changed; and the property lines have been redrawn but not replatted.  He displayed a map showing the new redrawn lines and pointed to one lot in particular; and stated this lot has an old existing 50-foot wide lot within its new property lines so the present Code allows for the piece of property to be buildable.  He noted the subdivision is halfway full; the problem is that the Code reads that it has to have one complete full lot within the new property lines; and pointed out the lots that do not apply.  He stated people have bought  the  lots,  transferred  title,  and  paid  property  taxes  on  them  but  they are  unbuildable.   He requested the Board consider new language to allow those who own portions of a lot the same property rights as everyone else. 

 

Planning and Zoning Director Robin Sobrino advised the nonconforming section of the Code is intended to allow certain things that were approved under old Codes to continue to exist, the idea being that if that goes away or is altered in anyway they lose their non-conforming status; Mr. Jorge is making a proposal that would enforce the current density and lot size that has been grandfathered in through the nonconforming sections; and her concern is when there is a new lot layout superimposed in a neighborhood, it becomes complex to maintain the legal descriptions.  She noted the plat as it was previously grandfathered in would basically go away and they would be using those old  references  to  lot  lines for lots that no longer were apparent through the Property Appraiser’s records necessarily; it is going to be very difficult to maintain reference points that ultimately are phased out; and there would need to be a better way to do legal descriptions on these things if the Board is interested in pursuing this.

 

Chairperson Colon stated the Board would like to have staff do a report; with Ms. Sobrino replying staff could bring something back in two weeks.  Commissioner Voltz requested Mr. Jorge meet with County staff to work out some of the details; and stated she would also like included in the staff report how many platted subdivisions are in a similar situation.  Chairperson Colon requested Commissioner Voltz stay on top of this and keep the Board abreast of the situation. 

 

Commissioner Voltz inquired if the same issue as what happened in Merritt Island where somebody’s home that was halfway built and the County ended up paying hundreds of thousands of dollars could happen again.  Deputy County Attorney Eden Bentley advised it all depends on the facts; the vested rights appeal is a mechanism that is available for an individual situation without revising the entire Code; and so the individuals have options available to them immediately.

 

Commissioner Nelson noted he would like to make sure they also address the issue of public rights-of-way because apparently based on that map there are houses that are actually sitting on old platted rights-of-way.  Planning and Zoning Manager Rick Enos noted some of those rights-of-way have been vacated. 

 

Commissioner Voltz advised she will have her secretary call Mr. Jorge and someone from legal to set up a meeting in her office to work through some of these issues.

 

 

 

Assistant County Attorney Mel Scott advised Mr. Kramer is in transit from Orlando. 

 

Chairperson Colon advised since the applicant is not present there is not much action the Board can take but there are two people present who want to speak on the item.

 

Mary Sphar stated it is her understanding that Mr. Kramer is going to request that the LPA consider The Viera Company’s Substantial Deviation #2, which is the West Viera DRI on August 13, 2007; then on August 28, 2007, Mr. Kramer will ask the County Commission to hold a transmittal hearing; and requested the County schedule consideration of The Viera Company’s proposed Comprehensive Plan Amendments once they have been assured by staff that there has been adequate time for preparation and research on important aspects of the text and map amendments.  She commented on concerns regarding transportation and wetlands.  

Commissioner Bolin requested Ms. Sphar come to her office to discuss it further; with Ms. Sphar replying she would; and requested the invitation be extended to representatives for the Florida Native Plant Society, the Space Coast Audubon Society, and the Partnership for a Sustainable Future.  Commissioner Bolin replied of course.

 

Maureen Rupe noted the environmental community is very concerned over the wetland policies and other issues they feel have not been resolved, especially the transportation issues.  

 

Chairperson Colon stated the Board did not put this on the Agenda; and it was a citizen request.

 

Commissioner Voltz noted the roads have not been addressed; and inquired if that is something that will be addressed in construction.  Facilities Director Steve Quickel replied the Comprehensive Plan Amendment Application that the Board would consider at the transmittal hearing does not include any road projects that will be funded by The Viera Company to mitigate traffic; staff hired a consultant with the Board’s approval; the consultant’s review is now underway but it is not yet complete; and there are a number of issues staff has identified at the preliminary stages of his review that are very complex and unique to Viera and need more time to work through.  Commissioner Voltz noted staff would have to work through those before any transmittal could happen.  Mr. Quickel responded yes, because the transmittal part of the process includes the entire public participation process for Comprehensive Plan Amendments; the citizen resources groups all hear this only at the transmittal stage and not again at the adoption stage; there is nothing in the current Comprehensive Plan Amendment that identifies any of the infrastructure impacts that the development will have and how they will be funded; and there is a statement that they will be added later at the adoption stage but that effectively circumvents the local citizens from participating in the process and being aware of it.  He stated once it reaches DCA for transmittal, it is circulated to the various State agencies for them to review for compliance with the Comprehensive Plan in their particular areas; and so without the transportation they are bypassing the Florida Department of Transportation’s review of this Comprehensive Plan Amendment.

 

Chairperson Colon advised Commissioner Bolin is going to be meeting with all of the folks and staff to get a better understanding.   Commissioner Bolin inquired since this was sent in a letter form does she need to reply to the letter.  County Manager Peggy Busacca responded she would be happy to reply since the letter was written to her once the Board says exactly what it is it wants to do.  Commissioner Bolin inquired what is a time range they should be looking at; with Mr. Quickel replying that is very difficult to answer at this point; he believes there will be a complete transportation section and a section regarding the infrastructure for capital improvements element as part of the transmittal package; he does not know how long that will take; and the consultants will be ready with a draft of their report possibly in August but more likely in September.  He stated staff will have a chance to review that, share it with The Viera Company, and start to work through any differences there may be at that point. 

 

Ms. Busacca stated it sounds like staff is saying that what they would like to do is not necessarily tie this to a timeframe but rather the information is provided and staff has the opportunity to then review it. 

 

Chairperson Colon noted the first time staff is going to hear all the details is going to be at the meeting in Commissioner Bolin’s Office. 

 

Commissioner Nelson stated at this point the Board can commit to a timely review but he does not support establishing a date because they do not control both sides of that schedule; and he likes Ms. Busacca’s idea that it will move along at a rate that is sufficient for adequate review and the schedule will evolve from that. 

 

Commissioner Bolin noted this is such a vital thing and it is so important that the Board does it correctly; the Board needs to get all the information before it moves forward; she has been meeting with The Viera Company and they have been presenting things so she can keep up to speed; but she needs to have more detailed information because of the next process.  She stated she supports looking at the information before they set a date.

 

 

 

Commissioner Scarborough advised he had some very constructive meetings with staff regarding the Budget; he is at the point now where he would like to hear the other Commissioners’ thoughts; and inquired if all of staff would be available tomorrow. 

 

Commissioner Voltz stated the Board needs to find out the bottom line; and inquired if staff knows it yet.  County Manager Peggy Busacca advised staff will have a number for the Board that has probably got a 95% accuracy assuming that the appeal to the State is not successful and they are at 9% reduction; it was never her intent to ask staff to make presentations but simply to be there for the Board; and she can have all of the staff there.  She stated it is only a four-hour meeting and the Board has already asked for the Chief Judge and to talk about benefits; she is thinking that will take at least an hour because the Board had asked for various options about Courthouse construction and that kind of thing; and she will be surprised if the Board could cover them all in three hours but staff can be available. 

 

Commissioner Scarborough noted the Board has had multiple briefings from staff so it is not a matter of information now; and one of his problems when he looked at it previously was that he saw what staff wanted to cut but he did not know if they felt comfortable with the implications and the unintended consequences of cutting.  He stated there are things that concern him; and there are other elements that come in like benefits and expansion of the court facilities.  He stated he hopes the conversation is not structured for the Commissioners tomorrow at the meeting; the Board needs three Commissioners to come to consensus and be able to talk to each other because they cannot talk at any other place; he does not want it to be dominated by staff presentations; and he would instead like to hear what his fellow Commissioners think is prudent. 

 

Chairperson Colon stated she would like to get some feedback from the Commissioners on how their discussions with staff went.  Commissioner Nelson stated he has gone through a similar process as what Commissioner Scarborough said; he is comfortable in talking among the Board as opposed to presentations; and his concern is they might be bogged down by presentations.  Ms. Busacca advised there has never been a plan for presentations.  Commissioner Nelson noted the Agenda lists it.  Ms. Busacca stated the Agenda was simply a schedule so staff was not sitting all afternoon; and it was really never intended to limit the Board’s discussion.   Commissioner Nelson stated he thinks by having the additional staff there, if it is moving at a fast pace, it may run right off the Agenda for that day and wish it had the staff there to talk about other things.   

 

Commissioner Bolin noted some of the issues the Board may talk about might affect another Department and if the Department is not on the list then the Board could get bogged down there. 

 

Chairperson Colon noted at the last Workshop, the Board stated it would not be calling up each Department Director; each Commissioner was supposed to sit with the Director because it would not be a very easy discussion; and it would be better behind closed doors where the Director would be able to be comfortable with each one of the Commissioners.  She stated going by the schedule that she has,  there  are  some  Departments  she still needs to meet with because of when they are coming before the Board; and some of those are big Departments, for example Parks and Recreation.  She stated Mr. Whitten should have those numbers for the Board; she expected them last week; the Board cannot have a very constructive meeting without knowing what that number is; and she would like to know what that number is right now.  She stated she thinks the numbers are going to be pretty much what the State originally told them; and inquired what the number looks like right now.  Assistant County Manager Stockton Whitten inquired if the number she is referring to is actually the amount of cuts the Board would have to make to balance; with Chairperson Colon replying yes.  Mr. Whitten advised at a previous Workshop, staff said the State was requiring the Board to reduce at a minimum $10 million and then other things were adding to that deficit; this is still in draft form because the County Manager has not presented to the Board a balanced budget proposal, but staff thinks it will be between $17 million and $20 million; and the County is right where staff thought it was going to be, in terms of the cuts that the Board is going to need to make to have Ms. Busacca present the Board with a balanced budget proposal, given the reduction from the State and the cap on the revenues from the State. 

 

Chairperson Colon noted one of the concerns the Board shared at the last meeting was in regards to that number and how concrete that number was; and inquired based on the discussions the Commissioners have been having with the Directors, where did they see the Board could look at potentially cutting next and what is the number that is going to take the Board all the way to the built-ins.  Mr. Whitten stated when staff talks about just the built-ins, that is probably $15 million.  Chairperson Colon advised the County has to cut $15 million and then on top of that it has the other requests that are coming in such as the mental health pod and so forth; some of the Commissioners had concerns and needed to come up with other suggestions of where the Board can look to cut next; and inquired if the Commissioners had looked at that. 

 

Commissioner Nelson stated he wants to make sure he and Mr. Whitten are saying the same thing because he may be looking at this with a different perspective; the actual 9% cut from the State is, according to the information staff presented, approximately $20 million; then the new construction is added and the Board assumes that is going to reduce that cut, which brings it down to the $10 million; and so that is the baseline starting number.  He stated then the built-ins are added to that; and he thought the jail was one of the built-ins.  Mr. Whitten noted he is not calling that a built-in; he is calling that an additional request; staff is calling built-ins things like the group health insurance, FRS increases, and those items that they have no control over or very little control over whatever the State mandates will be; and so he has sort of redefined those as the built-ins and then the other stuff are the requests.

 

Commissioner Nelson noted some of the Departments went through a process of actually absorbing those; if the Departments are absorbing it, then it is not a built-in at that point because they have already accommodated the reduction; and inquired if Mr. Whitten is saying he is going to give them the money back.  Mr. Whitten advised that is how he is getting to the $15 million; there is the $10 million that the State is requiring; the Departments have actually reduced from the current Fiscal Year their operating and in some instances their capital account to accommodate the health insurance increases, the FRS increases and what other increases that are out there; so he is actually counting that as a reduction; and also it is a reduction that accommodates and allows them to absorb those built-in increases, but is a reduction nonetheless. 

 

Ms. Busacca noted she thinks the difference is that the staff made those reductions before the Board ever saw them so it is not included on the list that the Board has seen; and those are internal cuts.   Commissioner Nelson noted he wants to make sure that the Board is not adding them into the other side which is in effect a double cut; and if the Departments have already reduced their budgets accordingly because they are only going to get x amount of dollars and if it is then shown again as a necessary expense, that is just increasing the amount of money the Board is going to have to cut somewhere else.

 

Chairperson Colon noted in the information submitted to the Board it does not mention health insurance; it is just strictly programs and people; by the time the Board had deducted some of those she thinks they were at $1 million; and inquired is that correct.  Ms. Busacca replied yes.

 

Commissioner Nelson noted there are some big ticket items in there that would be helpful to talk about upfront and get them out of the way such as beach sand and the courthouse expansion; and once those kinds of big numbers are out of the way the Board could get into the nitty gritty. 

 

Chairperson Colon noted one of the things that she is concerned about is the fact that round 2 of what the State is going to be demanding from municipalities is worse than round 1; the dollars are not coming back and are never coming back any time soon; and that is where the dilemma is.  She inquired out of the 20 pages of information submitted to the Board, does the Board want to take action on the cuts they are all in agreement with and perhaps start a list of the items the Board is uncomfortable with. 

 

Commissioner Nelson advised he had some concerns regarding the statement about EEL’s replacing the Mosquito Impoundment dollars; the Mosquito Impoundment dollars can still be cut; he was just concerned about saying they may be supplemented with those because they are separate issues; but the $500,000 was taken off the table and he feels it needs to get back on the table.  He advised that is a reasonable area to go into.

 

Commissioner Voltz stated the Commissioners have had some time to think about all those things it has looked at; she has talked to several people but it is ultimately the Board’s decision to set the priorities; and the Board needs to first set the priorities for this budget.  She advised the majority of the things that are on the list should be looked at very closely; they need to look very carefully at the EDC because of what is going to happen at the Space Center; and they are going to be very critical to the community.  She noted she has gotten a lot of calls from citizens saying do not cut library hours or do not cut dog parks or things like that; but that is certainly a decision that the Board is going to have to prioritize and make; so it is going to be all about the priorities that the Board is going to set and not specifically about cutting this program or that program.  She stated the Board has to look at the whole picture and see what is more important.

 

Chairperson Colon stated this week has allowed the Commissioners who really wanted to know what the ramifications were for taking those kinds of actions to have a little more information.

 

Commissioner Scarborough stated his conversations with staff were important; then he has big issues out there such as how do they make the jail more functional; that is something the Board cannot walk away from; and there is also the thing with the judicial facilities.  He noted there is $1.2 million set aside to do the bonding; there are other sources of revenue; for instance, the Board can diminish the quality of the healthcare package the County gives its employees by requiring larger copays; and those are the big issues that are not going to be fun discussions.  He stated the little things are just a lot of detail that each Commissioner can work out in his or her District, but where the Commission goes with the big items is crucial; he is not ready to just say employees will have to pay more in their healthcare copay; and he feels the Commissioners need to be informed and know how much money it generates.

 

Commissioner Voltz noted that is why there are several budget workshops.

 

Chairperson Colon inquired if the Board knows for a fact that it has to cut $15 million plus, then why would it prolong something by taking it all the way until September; noted the Commissioners have already sat down with the Directors and they already have an idea of what the ramifications are; and at this point, the Board really needs to take a direction unless there is another Department that they would like to take further cuts.  She stated it needs to make that decision and allow the Directors to get to a point where they can try to figure out how to run a ten-person Department with seven people; the Directors need time to regroup and try to continue the level of service that is expected; as far as the bigger ticket items, if the Board knows that it is going to have to do those cuts what else is there to talk about; and October 1, 2007,  the Board needs to start looking at round two cuts.  She stated round two is going to be worse than the cuts from this year; the Board will need to determine the level of service that is expected with the dollars that it is getting; and that kind of discussion is going to have to take place right away in October, which means the Directors need to have some kind of direction now.  She stated the Directors need to work August and September just to get themselves all squared away with the changes that are about to happen with this year’s budget, let alone next year’s budget.

 

Commissioner Voltz stated every year the County has x amount of dollars that are brought forward from last year; if it makes whatever cuts now there may be a savings between now and September 30, 2007; but she does not know what that is going to be. Ms. Busacca replied they could guess because the numbers have been annualized; and two-twelfths of that number could be put forward as savings. 

 

Commissioner Voltz stated she does not know whether the things that were listed are going to be in effect right now; and inquired for example, if the County lays somebody off, should it be done now or will the salary and unemployment expense be too expensive.  She stated it is going to be a very complicated issue as to how much it is going to have and when it is going to take effect.  Ms. Busacca stated yes, and the Board needs to tell her when it wants that to happen because her theory has been that if it is a service that impacts the public, then the Board has to direct that; if it is a service that is internal and the public will not notice, then staff can move forward with those; but she does not feel that it is staff’s responsibility to make those service cuts.  She stated if the Board tells her it wants to make this effective August 1, 2007, for example, then staff can tell it the cost savings.  She noted they will probably not have any savings from the employees being laid off because of the payouts; and so the only savings will probably be relatively minor because most of the costs are personnel related.  Commissioner Voltz inquired if the Board can do that tomorrow or Wednesday; with Ms. Busacca replying yes, as soon as possible.  Ms. Busacca advised part of what has taken staff so long to get a number to the Board has been how much is coming from cash forward; the number changes and it will continue to change up until the books close and then beyond, when they finally do the final accounting; so these are just estimates.   Commissioner Voltz noted the Board asked Finance Director Steve Burdett if he could get the final figures or the best estimate long before March of next year; with Ms. Busacca replying yes, it did. 

 

Commissioner Nelson inquired when could they get a list of the built-ins; noting he would sure like to see it even if there is not a number attached to it; and he wants to know what they are.  Ms. Busacca inquired if he wants the titles and not the amounts; with Commissioner Nelson responding he is getting desperate so he will take whatever he can get.  Ms. Busacca advised she will get that information out this afternoon. 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 12:49 p.m.

 

 

 

 

                                                                                                                                                           

                                                                                  JACKIE COLON, CHAIRPERSON

                                                                                  BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                                   BREVARD COUNTY, FLORIDA

 

 

 

SCOTT ELLIS, CLERK

 

 

 

            (S E A L)