Call to Order

 

The Invocation was given by Pastor David Cannon, Grace Bible Church, Palm Bay, Florida

 

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

 

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APPROVAL OF MINUTES

 

The Board approved the November 18, 2010 Workshop Minutes, November 23, 2010 Regular Meeting Minutes, and December 2, 2010 Zoning Meeting Minutes      

ITEM I.A.,  RESOLUTION, RE:  CONGRATULATING JAMES NEILL RICHARDSON UPON ACHIEVING THE RANK OF EAGLE SCOUT

Chairman Fisher read aloud a resolution congratulating James Neill Richardson.

 

The Board adopted Resolution No. 11-016, congratulating James Neill Richardson upon achieving the rank of Eagle Scout, and wished him the very best as he continues his commitment to the attainment of the goals he has set for himself.

 

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ITEM I.B.,  RESOLUTION, RE:  RECOGNIZING BANKFIRST FOR COLLECTING HUNDREDS OF COATS AS PART OF THE COATS FOR KIDS DRIVE

Commissioner Anderson read aloud a resolution recognizing BankFIRST.

 

The Board adopted Resolution No. 11-017, recognizing BankFIRST for collecting hundreds of coats for as part of the Coats for Kids Drive.

 

A representative from BankFIRST stated she had an elderly gentleman come into the Bank, and stood in the doorway with his arms full of coats; he explained that his wife had just passed away, and the coats were hers; it was very difficult for him to come to the Bank, but he knew this is what she would want; and he hoped in her memory, the coats would help the children.

 

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ITEM I.C.,  RESOLUTION, RE:  SUPPORTING THE EXPANDED HUB ZONE WITHIN THE CORPORATE BOUNDARIES OF THE CITY OF TITUSVILLE

Chairman Fisher read aloud a resolution supporting the expanded HUB Zone within the corporate boundaries of the City of Titusville.

 

The Board adopted Resolution No. 11-018, supporting an expanded HUB Zone within the corporate boundaries of the City of Titusville, and wishes them well in their efforts to enhance their ability to attract new businesses to employ our county's standing workforce. 

 

Mark Ryan, City Manager of the City of Titusville, stated this is a program administrated by the Economic Development Administration; it provides an opportunity for communities that have the typical census tracks to qualify for HUB zones to enhance small businesses opportunities for federal contracts; it provides for the ability to leverage the dollars through the federal government to provide additional employment opportunities, and as an economic development tool; and Brevard County needs all the tools in the tool box.

 

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ITEM I.D.,  RESOLUTION, RE:  COMMENDING COCOA HIGH SCHOOL TIGERS FOOTBALL TEAM

Commissioner Nelson stated he will be attending the Cocoa High School Tiger football team ceremony on Saturday at the riverfront, and at that time he will read the resolution; he will be celebrating the Cocoa High Class A school on the educational side; and for the third time, it is a 2A State Football Champion.

 

The Board adopted Resolution 11-019, commending the Cocoa High School Tigers Football Team as the 2010 FHSAA Class 2A Stated Champion. 

 

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ITEM II.A.1., REPORT, RE:  REMOVAL OF ITEM III.B.2 FROM  AGENDA

 

Howard Tipton, County Manager, advised the Board of his intention to pull Item III.B.2, Re: Award of Invitation to Bid #B-2-11-17, HVAC and Ice Machine Services.

 

The Board reached consensus to remove consideration of finding and recommendations of staff and Protest Committee for award for preventative maintenance and repair services for countywide HVAC and ice machine services to Construction Management Associates, LLC as the primary vendor an Competitive Air & Heat, LLC as the secondary vendor for hourly HVAC and ice machine services as required in response to Invitation to Bid #B-2-11-17, from the Agenda; and to bring it back for consideration to a future Board meeting.

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ITEM II.A.2., REPORT, RE:  SPACE DAY IN TALLAHASSEE

 

Howard Tipton, County Manager, stated in the resolution supporting the expanded HUB Zone within corporate boundaries of the City of Titusville, it was mentioned about the space rally from last April; and Space Florida is asking the leadership of the community to mobilize in Tallahassee on March 16th, which is Space Day, an important time for the community to remind the State Legislature of the importance and critical nature of space for the State of Florida, and certainly for Brevard County.  

 

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ITEM II.C.,  REPORT, RE:  ACCIDENT ON S.R. 528 AND S.R.3

 

Commissioner Nelson stated is has been a difficult week for fatalities on the highways in Brevard County, seven fatalities in the last seven days, but certainly the most spectacular and troublesome is the one that occurred on S.R.528 and S.R.3; it was incredible experience to observe; and he did because his office is on the corner.  He explained the intersection is closed because it was so badly damaged by the fire; and it must be rebuild it in its entirety.

 

John Denninghoff, Public Works Director, stated there has been a lot of things said, and rumors around about the incident itself; and there is an investigation that is on going regarding the matter and he is not going to comment on it right now, he is going to let the investigators to their job.  He stated when the incident occurred, the Department of Transportation (DOT) staff responded very quickly; and they were very forthcoming with information, and were helpful to him as he was trying to access what was going on, and determining whether the County could render aid, if necessary.  He added, he did provide some assistance as it was requested; he received another request this morning, and will continue to help.  He stated the DOT has procured the services of Lane Construction, which has a thorough and extensive background in doing emergency structural repairs; and he is optimistic that they will actually be able to do what they said they can do regarding the timeline on getting the traffic back to normal.  He explained they are essentially reconstructing the bridge from the foundations above the pilings, one that cannot be seen that are below the ground; and they are going to be reconstructing the bridge.  He went on to explain they are going to be using techniques and materials that are not normally utilized in bridges, which will drive the cost up from what would normally be seen; they are working around the clock, which also will drive the cost up; but all in an effort to accelerate the restoration of traffic.  He stated there will be clean-up work that will be required after the time frame when the traffic is restored; the DOT will not allow the bridge to be open until it deems that it is safe to be utilized; the damage that did occur was exactly what was to be expected from an intense heat fire; and there is nothing unusual in terms of the results of the incident.  He added, staff will be monitoring the traffic maintenance activities that are going on, the plan that has been placed in the field; there will be stresses on roads that are unusual extending outward all the way down to the Pineda Causeway and up to S.R.405 and S.R.50, perhaps even Garden Street in Titusville; and obviously the further away one goes, the less intense the effects will be.  He pointed out the worst effects will probably be at U.S.1 Beeline Interchange, the North Banana River Drive Beeline Interchange, and then the corridor of S.R.520 across Merritt Island into Cocoa; and those are the three places he is trying to watch to see if there is anything else they can do.  He stated he is monitoring traffic signals to see if there are any adjustments that can be made to the area's as the traffic adjusts and people adapt to the conditions; it will be a constant effort to try to fine tune things; and about that time, hopefully, the contractor will finish and things will go back to normal.  He noted, there has been multiple suggestions that he allow U-turns on the Beeline, but he doubts seriously the DOT will allow that; it makes common sense, but in this case, common sense does not apply; and it would be an extremely unsafe maneuver to allow to take place.  He stated law enforcement officers are in place and being utilized to direct traffic at the locations where it is deemed necessary, which is built into the contract with Lane Construction; it is about a $2.2 million contract; there is a penalty clause that says if the Lane Construction does not get it completed within 25 days, it is a $50,000 penalty a day; the 25 days end February 16th; and Lane Construction thinks they can get it done with a little bit of room to spare.  He added, there will be difficulty with businesses in the area; there are going to be impacts that do not have anything to do directly with traffic; staff is trying to address some of the businesses; there are definitely things being done now to enhance the traffic flow that have not be implemented yet, there just has not been time to get them in place; and each day, for the next few days, he expects it to get a little bit better.

 

Commissioner Nelson mentioned he was curious as to how they could replace the major beams in 25 days, because normally they are pre-stressed concrete, and it takes 30 days to cure; Lane Construction found the beams in another project and are taking them from that project to bring to this one; and that is the level of effort that it is taking to get the bridge built.  He added, S.R.528 is a major State road, and having people doing U-turns on it is not going to happen; and the traffic volume is just too great at rush hour to be able to do that.  He addressed to the citizens of Brevard County to take a deep breath, and put up with the traffic; and as he or she is sitting in traffic, do not forget there were two fatalities. 

 

Chairman Fisher inquired if there is a budget impact, because he knows the DOT and Law Enforcement have been helping with traffic.  Mr. Denninghoff responded if staff cannot make any recovery on some of the expenses for its involvement, it will be in the range of about $20,000 to $30,000; most of that is the cost of a signal control cabinet that was destroyed as a result of the fire; and also the overtime, and weekend work that was required.  He added, staff is also dealing with some signs; fortunately staff had a spare signal control cabinet, which it tries to keep on hand for events such as this; and if the Board recalls, that is one of the things he wanted to keep in the inventory.

 

Commissioner Nelson stated the First Responders and the DOT did a remarkable job in this event; the Sheriff's Office was there within a minute of the explosion; he saw two deputies go under the overpass as it was on fire; DOT was on the scene before the flames were out; it was an incredible effort; and he thanked Sheriff's Jack Parker, Highway Patrol, Chief Collins, and Fire Rescue.  He stated people wonder why the firefighters did not rush up there to put out the flames, it was because they were dealing with a petroleum product; water just spreads fire, it does not put it out; the equipment came in from Kennedy Space Center and Patrick Air Force Base to put form on the fire; but in that moment, the only thing that could be done was to let it burn down to get rid of the fuel, because then it would have created a bigger mess, clean-up wise, by not letting it burn.  Chairman Fisher stated it was a great effort by everyone, and the communication was good keeping everyone informed; and the Board will keep the families in its prayers who lost loved ones.         

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ITEM II.F., REPORT, RE:  NEW OFFICERS FOR PALM BAY CHAMBER OF COMMERCE AND MELBOURNE REGIONAL CHAMBER OF EAST CENTRAL FLORIDA COMMERCE

 

Commissioner Anderson stated he attended the Palm Bay Chamber of Commerce dinner, installation for the new officers; between Melbourne Regional and Palm Bay, they have a couple of good leaders coming into office; Franck Kaiser is taking over as President of Melbourne Regional Chamber of East Central Florida Commerce, and Stuart Borton is now the President of the Palm Bay Chamber of Commerce.

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ITEM II.G1.,  REPORT, RE:  MAX BREWER BRIDGE OPENING

 

Chairman Fisher announced the Max Brewer Bridge will open on January 31st, and there will be a celebration on February 5th at 9 a.m.

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ITEM II.G.2., REPORT, RE:  PROFESSIONAL AIRCRAFT ACCESSORIES

 

Chairman Fisher stated there is a company in Titusville, Professional Aircraft Accessories (PAA), that has the opportunity to relocate to Orlando because it needs to expand; and it is 150 jobs plus with the expansion is another 50 jobs.  He added, he went to Key Largo with some representatives from EDC, and Matt Chestnut from City of Titusville, to convince the investor, which owns the building in TICO Airport, to put another $1 million in the building to expand, so that the jobs stay in Titusville.  He stated on paper he thinks an agreement has worked out; and he might be coming back to the Titusville City Council, along with the Board, for assistance to make the project work.    

 

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ITEMS PULLED FROM CONSENT AGENDA

 

Chairman Fisher stated Item III.B.2., Award of Invitation to Bid #B-2-11-17, Re:  HVAC & Ice Machine Services, has been pulled.

 

Commissioner Nelson stated he does not want to pull it, he just wants to vote no on Item III.B.5., Authorization, Re:  Advertisement for Request for Proposals for Wickham Park Equestrian Center Management Services.

ITEM III.A.1.,  ACCEPTANCE, RE:  SANITARY SEWER (FORCE MAIN) EASEMENT FROM VIERA EAST COMMUNITY DEVELOPMENT DISTRICT

The Board accepted a Perpetual Sanitary Sewer Easement from the Viera East Community Development District ("Viera East") 

 

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ITEM III.A.2., PERMISSION TO EXECUTE INTERLOCAL AGREEMENT WITH TOWN OF PALM SHORES, RE:  DISASTER DEBRIS CLEAN UP

The Board authorized the Chairman to execute the Interlocal Agreement with the Town of Palm Shores for clean up of debris following a disaster event. 

 

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ITEM III.B.1.,  APPROVAL, RE:  BUDGET CHANGE REQUESTS

The Board approved the Budget Change Requests, as submitted.

 

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ITEM III.B.3.,  AGREEMENT WITH COALITION FOR THE HUNGRY AND HOMELESS OF BREVARD COUNTY, INC., RE:  COMMUNITY DEVELOPMENT BLOCK GRANT DISASTER RECOVERY PROGRAM (TROPICAL STORM FAY)

The Board approved and authorized the Chairman to execute an Agreement with Coalition for the Hungry and Homeless of Brevard County, Inc. in the amount of $325,439 in Community Development Block Grant (CDBG) Tropical Strom Fay Disaster Recovery Program Funds; and authorized the Chairman to execute subsequent modifications and amendments to the Agreement, upon review and approval by the County Attorney and Risk Management. 

 

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ITEM III.B.4.,  AUTHORIZATION, RE:  ADVERTISEMENT FOR REQUEST FOR PROPOSALS FOR TELECOMMUNICATIONS SERVICES

The Board authorized the advertisement of Request for Proposals (RFP) for telecommunications services from qualified firms; appointed a Selection Committee consisting of the Board's Telecommunications Manager, the Board's Network Administrator, the School Board's Network Administrator, the Clerk of Courts Information System's Manager, and the Board's 800 MHz Radio System Manager; appointed a Negotiating Committee consisting of Jon Sellers, Information Technology Director, the Telecommunications Manager, and a designee of the County Attorney's Office; and authorized the Chairman to execute all resulting contracts.

 

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ITEM III.B.5.,  AUTHORIZATION, RE:  ADVERTISEMENT FOR REQUEST FOR PROPOSALS FOR WICKHAM PARK EQUESTRIAN CENTER MANAGEMENT SERVICES

The Board authorized the advertisement for and acceptance of proposals from qualified organizations for the management and operation of the Wickham Park Equestrian Center; established Selection Committee consisting of Jack Masson, Parks and Recreation Director; South Area Parks Operations Manager, Greg Minor; Wickham Park Advisory Board Member, Pam Rogan; 4-H Agent, Vanessa Spero-Swingle; Clarcona Horseman's Park, Bobby Hogue; and Local Equestrian Community Representative, Robin Carpenter; established a Negotiating Committee consisting of County Attorney, Scott Knox, or designee; Assistant County Manager Stockton Whitten, or designee; South Area Operations Manager, Greg Minor, or designee; and Parks Support Manager, Marsha Cantrell, or designee; and granted permission to negotiate with selected vendor and return to the Board with a negotiated contract for Board approval.

 

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ITEM III.B.6., PERMISSION TO ADVERTISE AMENDMENT TO ECONOMIC DEVELOPMENT TAX EXEMPTION ORDINANCE, RE:  GUARDIAN IGNITION INTERLOCK MANUFACTURING

The Board granted permission to advertise for an amendment to Guardian Ignition Interlock Manufacturing Economic Development Ad Valorem Tax Abatement Ordinance under the County's Tax Abatement Program.

 

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ITEM III.B.7.,  AUTHORIZATION FOR PUBLIC HEARING, RE:  RESCINDING ORDINANCE FOR LIBERTY AEROSPACE, INC. TAX ABATEMENT

The Board authorized a public hearing to consider an ordinance rescinding tax abatement for Liberty Aerospace, Inc.

 

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ITEM III.C.1.,  APPROVAL, RE:  RESCHEDULING OF GOAL SETTING WORKSHOP FROM FEBRUARY 24, 2011 TO FEBRUARY 10, 2011 AT 1:00 P.M.

The Board rescheduled the Goal Setting Workshop from February 24, 2011 to February 10, 2011 at 1:00 p.m. in the Florida Room, following the TPO meeting.

 

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ITEM III.C.2.,  APPROVAL, RE:  AT-LARGE APPOINTMENTS/REAPPOINTMENTS

The Board approved the appointment/reappointment of Michael Adamcheck, to Brevard Workforce Development Board, with term expiring June 30, 2013.

 

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ITEM III.C.3.,  ACKNOWLEDGE APPOINTMENTS/REAPPOINTMENTS, RE:  CITIZEN ADVISORY BOARDS

The Board acknowledged the appointments/reappointments of Linda Mannier, to the Employee Benefits Advisory Committee, with term expiring December 31, 2011; Judy Gizinski, to Health Facilities Authority, with term expiring December 31, 2015; Bill Cannon, to the Planning and Zoning Board, with term expiring December 31, 2011; Arthur Schricker, to Spaceport Commerce Park Authority, with term expiring in December 31, 2011; and Marian Dionne and Hal Rose, to the West Melbourne Public Library Board, with terms expiring December 31, 2011.

 

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ITEM III.C.4.,  APPROVAL, RE:  BILL FOLDER

The Board approved the Billfolder, as submitted.

 

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PUBLIC COMMENTS

 

Jerry Brinegar read aloud the names of servicemen who have died in the war; stated he thinks sometimes people forget about the servicemen who have died; a lot of times people say the war was for political reasons; but it was for freedom, and the Country.  He added, any decision the Board makes, it might think about what the servicemen died for; they died so everyone could have their freedom; and any decision the Board makes, it would decide on whether it is causing the people to lose some their freedom, or to give one more freedom. 

ITEM VII.A.1.,  CONSIDERATION OF REQUEST FROM MYREGION.ORG, RE:  CENTRAL FLORIDA REGIONAL WATER STRATEGY

The Board approved Option 3, to accept the proposed staff responses on the recommendations contained in the report to Central Florida Congress of Regional Leaders "Creating a Sustainable Water Supply for Central Florida:  A Regional Strategy".

 

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ITEM VII.A.2.,  RESOLUTION, RE:  RECONVENING THE SURFACE WATER WORKING GROUP TO FINALIZE RECOMMENDED CHANGES TO CHAPTER 62, ARTICLE X, DIVISION 3 (SURFACE WATER PROTECTION) AND CODIFY 2010-1 COMPREHENSIVE PLAN AMENDMENTS TO THE SURFACE WATER OBJECTIVE OF THE CONSERVATION ELEMENT

Commissioner Infantini stated she has some concern with the Policy 5.2; it talks about wetlands and regulations of the wetlands; and one of the things she has been fighting for since she got into the position of County Commissioner, is to remove the dual regulation and duplication of efforts between St. Johns River Water Management District, Florida Department of Environmental Protection, and Brevard County.  She added, Policy 5.2 exceeds the perimeters established by Florida Department of Environmental Protection and St. Johns River Water Management District; and what the Policy does is create a more restrictive environment, and hinders Brevard County's ability to compete with other counties in Florida.  She asked to remove Policy 5.2. 

 

Commissioner Nelson stated this is a Item to bring the Surface Water Working Group back together, and he believes the discussion would be appropriate at the time when the staff comes back with their recommendations. 

 

Commissioner Infantini stated she jumped ahead and is actually talking about Item VII.A.3, and not VII.A.2.

 

The Board adopted Resolution 11-015, reconvening the Surface Water Working Group to finalize evaluation of Chapter 62, Article X, Division 3, entitled Surface Water Protection; make recommendations to the Board; and codify 2010-1 Comprehensive Plan amendments to the Surface Water Objective of the Conservation Element. 

 

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ITEM VII.A.3.,  APPROVAL, RE:  LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE AMENDMENTS TO CHAPTER 62, ARTICLE X, DIVISION 4, ENTITLED WETLANDS PROTECTION

Commissioner Infantini expressed her comments regarding this under Item VII.A.2. 

 

Ernie Brown, Natural Resources Management Director, stated this particluar agenda is to codify the amendments that the Board approved last year, and it is specifically to Viera Company's efforts to expand into 'Viera East'.  He explained it is pretty much word-for-word, taking the Comp Plan changes and putting them into Code so Viera Company can move forward with their developments; this does not preclude the Board's actions; staff will be bring it back in February to look at the actual Comp Plan again; but removing Policy 5.2 out of the actual Ordinance would place the County in conflict with the current Comp Plan.

 

Chairman Fisher stated the Board has already approved the current Comp Plan.  Mr. Brown added, Commissioner Infantini's concerns would be addressed during the reconstitution of the Surface Water Working Group.

 

The Board approved legislative intent and granted permission to advertise amendments to Chapter 62, Article X, Division 4, entitled Wetlands Protection. 

 

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ITEM VII.E.1.,  CITIZEN REQUEST, RE:  PENNY CANALES - TEMPORARY SIGNS

Chairman Fisher advised the next item will be a citizen request of Penny Canales, reference to temporary signs.  He asked Ms. Canales to come to the podium; and advised that she has five minutes to discuss the issue.

 

Penny Canales stated she made a citizen request for a temporary sign ordinance; she inquired if the Board saw the resolution; she made a request on the Agenda Item, and as she started going through the Code a little bit more preparing for today, she noticed the Sign Code is very hard to read; and it does need to be addressed in some type of workshop.  She went on to say she thinks the resolution, and if the Board has any questions on it, Scott Cuthbert actually wrote the resolution; this is what she would like to propose rather than the language that is on the Agenda Report; and she would like the Board to consider passing the resolution.  She added, what this will do is give the small business owners a little economic relief to be able to advertise; this resolution is for the on-premise signs, for signs people can display on their own private or leased property, with the property manager having the final say exactly what he or she wants on that property; everything would be within the confines of the Code right now; and it just waives the permit fee and gives more clarity to the business owners as to what they can or cannot put on their property, because the Sign Code needs revised. 

 

Chairman Fisher stated he received the resolution this morning; he is not sure staff even had a chance to read it; and he would have a concern with passing any resolution received five minutes before a meeting.

 

Commissioner Anderson advised he would certainly support staff going through the resolution and bringing some version of this back with the proper legality; he has talked about this in his office at length; the problem is if a person is a small business owner it is very difficult, once they hire an attorney or an engineer, to understand the temporary signs; and Code Enforcement Manager Bobby Bowen, who gets beat up by him quite often for doing his job, has to enforce these Rules and Regulations.  He explained that small businesses that are old, and one in his District in particular, strip plazas that sit off the roadway, with little exposure with traffic going by; unfortunately, because these small businesses are small mom and pop types, their whole marketing budget is signs and networking; and the Board needs to find a way to put a temporary moratorium on the signs in order for the Board to have a workshop to vet it out and somehow simplify the Code and make it easier.  He went on to add, right now it is about 17 pages a person has to fill out for a special event sign; and that is just a little too much for a small business owner who is working 12 hours a day as it is.

 

Chairman Fisher stated he believes the entire Board understands the Sign Ordinance needs changes.

 

Commissioner Bolin stated the Board needs to help the small businessman right now.  She would like to give staff direction to have an action item on this to see what can be done, and also she likes the idea of having a very easy checklist for the businessman to be able to understand the Sign Ordinance, something like a little pamphlet. 

 

Ms. Canales provided a perfect example to the Board of a particular business owner who hired someone to actually make a sign for him after he was hit by Code Enforcement; he tried to move his sign around, he tried to comply, he did not know how, or where to put the sign; he had a professional who designs signs for the malls in West Palm Beach; the designer went to the Building Department to find out what kind of sign she could design for this gentleman; and she left after one and one-half hours with no answers of what she could do.  She added, the fee schedule for the permitting she could not find it; she contacted Commissioner Infantini's office and asked where she could get it; and the citizens do not know how to comply with the Ordinance.

 

Chairman Fisher stated as he understands it, the Board is putting it into staff's hands to try to get some clarity and look at this resolution and address some of Ms. Canales' concerns; and it will come back to the Board after staff clears it up.

 

Commissioner Infantini expressed appreciation to Penny and Scott for their tireless efforts on this; they have been working very hard and staying in contact with her office and many other Commissioners offices; and inquired if the Board is not going to vote on this today, could the item be put back on for the very next meeting so it is not being dragged out for a long time.  She went on to say it would give the Commissioners ample time to review it; staff will have enough time to review the resolution; and stated she would like to get direction from the Board.

 

Ms. Canales pointed out to staff that what is in the resolution is what is in the Code.

 

Commissioner Nelson concurred that the Code should be simplified; he is fine with a fee waiver for a period of time for the miscellaneous signs; it will help the business owner; the process of looking at, clarifying, and simplifying the Code is a different issue; and if the two were wrapped together, the Board will not be able to get where it wants to be, which is to help the businessman today.  He reiterated he would be fine with waiving the sign fees for miscellaneous signs; a person would still have to go through the permitting process; that becomes an education process for the community; and he would be good with the waiving of the fees through the end of the year.  He recommended asking staff to take a look at the Code and try to simplify the Sign Ordinance; and that will ultimately take legislative intent to change the Ordinance itself. 

 

Commissioner Bolin stated if Commissioner Nelson wanted to make that a motion to waive, at this point in time, the processing of the permit fees until December of 2011, she would most certainly support that.

 

Commissioner Nelson explained it was less than $3,000 for the entire year in terms of fiscal impact.  Staff advised it was $6,000.

 

Commissioner Anderson asked if Commissioner Nelson's intent is for the Board to have a future workshop.  Commissioner Nelson suggested having staff look at it and see if the Sign Ordinance can be clarified and simplified for that purpose.  Commissioner Anderson advised staff would have the F.A.C.E. OFF organization and the Chamber of Commerce could be involved as well.

 

Chairman Fisher stated he has a concern with the Sign Ordinances if the Board gets carried away with it; for example, if a person has a strip mall with five people in that building; there would be five signs out there, some professional and some done in a person's garage; one would be bigger than the other one; and to look at the entire thing before the Board goes blankly changing its Sign Ordinance. 

 

Commissioner Anderson noted, in his District in a parking lot, there were signs that staff considers non-compliant signs, but in the same parking lot a gentleman had his pickup truck with one of the A-frame lit up signs in the back, which is perfectly legal; and it was far more horrendous than the people who got cited. 

 

Commissioner Nelson stated when Penny came to see him in preparation for that, he drove two miles from his office and counted over 50 illegal signs.  He stated there is a Code in place that should be used, and to look at changing it to make it simpler  to understand, but also not create a circumstance for the community to look like trash.

 

Scott Cuthbert stated everything in the proposed resolution is the same as the County Code; if the property owner has an easement that he maintains and pays property taxes on, he should be allowed to put a temporary sign there that he takes down at night and stores; a portable sign, as the Statute allows and the Ordinance allows now can stay out there 24/7; this is just to try and save some jobs, because the unemployment rate in Brevard County is 12.6 percent; and there are 8,446 houses already foreclosed on, with another one in every 489 being foreclosed on every month.  He stated to waive fees until December 21st to make it a good even year, get the permit, waive the fees for a year, because the temporary sign permit fee is $4 a day, plus the $50 application fee. 

 

Robert McNeal stated he was the gentleman who had the sign stolen by Code Enforcement; he has a couple of dry cleaners; he would like to get reimbursed; and it was stolen and thrown away the same day.  He went on to say he tried to comply, but no one can tell him where they can put the signs; he hired a contractor and he had a design made by a professional sign company; he had all the paperwork signed, and the designer could not get anything done; and she said it was easier to build a mall than to get a sign the size of a mailbox.

 

Reverend Earl Medlen suggested if the Board intends going through this, regardless of how the law is written, if it unconstitutional, unmoral, and ungodly, then it is unconstitutional, unmoral, and ungodly; it is immoral if the Board gives someone like a Code Enforcement Officer, which is merely doing the job that it allows him to do, to trespass on private property without a court order, without lawful authority to do so; and when he commits a crime while on that property, that becomes criminal trespassing, and the crime is stealing the personal property in the form of a business sign and then destroying it, which is criminal destruction of property.  He went on to say either one of those things he could be arrested for and have extreme prison time and fines or both added to him; and then he would have a criminal record.  He added, just because it is a governmental agency, it does not give the Board the authority to violate people's constitutional rights and oppress; according to the Declaration of Independence, governments were established and instituted by the people to protect their God given rights, not trample on them, and use Code Enforcement and other laws to persecute them.  He inquired if people are not having a hard enough time living and existing as it is without having governmental agencies hanging, like the Sword of Damocles, over their necks all of the time.  He stressed that Code Enforcement is supposed to be for health and safety, for contractors building homes and businesses; and it should not be for private property.  He noted it is his property, he will take care of it, he will do what is supposed to be done; and he needs the County to get out of his face, out of his life, off of his back, out of his wallet, and leave him alone.

 

Chairman Fisher stated there is a motion to waive fees until the end of 2011; the Code is not being changed right now; and inquired if the temporary fees are all.  Commissioner Bolin replied correct.  He called for a vote on the motion; motion carried and ordered unanimously.

 

Commissioner Infantini stated the gentleman with the green shirt suggested the Board should reimburse him for his sign; and perhaps that would be appropriate at this time.  He added, she can see removing it, but at the same time, returning it rather than damaging it, and throwing it away.  She moved that he be reimbursed for his sign; the costs is around $300; and noted it just seems fair and appropriate.  Commissioner Anderson seconded the motion.

 

Chairman Fisher requested staff to talk about what happened.

 

Mel Scott, Assistant County Manager, stated staff is not in the business of stealing private property; as part of the Agenda Package, staff has photos, one of which is the sign in question, which is in a sidewalk that is a public right-of-way; and it was not until numerous visits with that gentlemen, where he was instructed by a Code Enforcement Office four documented times that a temporary sign is not permitted was in public rights-of-way.  He went on to say by virtue of the Code and its definition of signage in public rights-of-way, they were deemed to be a public hazard; the photos attached to the package shows there is a very real line of sight hindrance to those signs.  He added, one of those signs have been found in a drainage ditch, which end up in the pipes, cause localized flooding, which then results in a public funding response to fix that and possibly property damage as a result. 

 

Chairman Fisher inquired if Code Enforcement asked the gentleman to remove the sign.  Mr. McNeal responded affirmatively.  Chairman Fisher inquired if he put it back in the right-of-way.  Mr. McNeal advised it was a separate address next door.  Chairman Fisher inquired if the sign was in the right-of-way.  Mr. McNeal added, it was a used car lot; he has permission from the owner.  Chairman Fisher inquired if it was legally placed somewhere and Code Enforcement took the sign away.  Mr. McNeal explained that he does not know what is legal.  Chairman Fisher inquired if he knew there was a problem with the sign.  Mr. McNeal advised absolutely, it has been that way since April 2010.  Chairman Fisher inquired if he had been warned several times that there was a problem; with Mr. McNeal responding sure. 

 

Commissioner Nelson stated a person cannot put a sign on someone else's property as it is illegal.  Commissioner Infantini advised Mr. McNeal had permission.  She stated the discussion is if the sign was placed in a right-of-way; and she believes it was placed within the confines of the parking lot, so it was not on a right-of-way. 

 

Chairman Fisher stated Mr. McNeal was warned four times, so he will not support the reimbursement.  He called for a vote on the motion; motion fails.  Commissioners Fisher, Nelson, and Bolin voted nay.

 

The Board approved waiving the permit fees for all temporary signs through December 31, 2011, but still requiring applicants to go through the permitting process; and reached consensus to direct staff to:  (1) Design an easy checklist, similar to a pamphlet, to assist businessmen in understanding the Sign Ordinance; (2) Look at the Code in an effort to simplify and clarify the Sign Ordinance; (3) Invite F.A.C.E. OFF and other organizations to be involved in the process.

 

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ITEM VII.E.2.  APPROVAL, RE:  PRECINCT LEGAL DESCRIPTIONS - ALTERED AND ADDED

Howard Tipton, County Manager, stated the Supervisor of Elections is requesting the Board adopt the proposed changes regarding some precincts, they are the result of some annexations.

 

The Board approved the revised precinct legal descriptions for the changes to existing precincts, due to annexations by the Cities of West Melbourne, and Cape Canaveral.

 

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ITEM VII.E.3.,  APPROVAL, RE: SELECTION OF FLORIDA TODAY FOR TAX COLLECTORS ADVERSTISEMENTS FOR THE YEARS OF 2011, 2012, AND 2013

The Board approved the selection of Florida TODAY for Tax Collectors advertisements for the years 2011, 2012, and 2013. 

 

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Upon consensus by the Board, the meeting was adjourned at 10:02 a.m.

 

 

 

ATTEST:                                                         __________________________________

                                                                        ROBIN L. FISHER, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

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MITCH NEEDELMAN, CLERK