January 15, 1998
Jan 15 1998
The Board of County Commissioners of Brevard County, Florida, met in Special/Workshop Session on January 15, 1998, at 10:00 a.m. in the Government Center Florida Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Helen Voltz, Commissioners Truman Scarborough, Randy O'Brien, Nancy Higgs, and Mark Cook, County Manager Tom Jenkins, and County Attorney Scott Knox.
DISCUSSION, RE: TOWER ON KABBOORD PROPERTY
Commissioner Cook advised he will bring up the Tower and Antenna Ordinance on Tuesday because a CUP for a radio antenna that was issued 18 years ago is now under construction, and adjacent property owners are being made to live with a decision made by the Board 18 years ago.
Commissioner Higgs advised a CUP stays with the land; with Commissioner Cook responding that is why the Board needs to address the Ordinance. Chairman Voltz recommended it be scheduled on January 27, 1998 so staff will have time to prepare a report. Commissioner Cook advised it is 280 feet high right now, and they are planning to add another 100 feet very shortly. He inquired if there is a way to stop them temporarily until the County Attorney can get a legal opinion on what the Board can do.
County Attorney Scott Knox advised they looked into the issue and decided Mr. Jenkins will contact the property owner and ask if he would hold off on the tower for now because there is a long and sordid history behind the issue. He stated rezoning took place in May, 1997 which could have an effect on the CUP he obtained in 1980 because the Board and adjacent property owners did not know the CUP existed; and those property owners may have a right to stop it, so they decided to call the owner and tell him that possibility exists and to cap the tower until the issue is straightened out. Mr. Knox advised the owner went through the site plan approval and building permit process before the Tower Ordinance went into effect; and during the moratorium, there was a condition to allow existing CUP's with site plans to go through the permitting process, but the rezoning took place in the interim.
Commissioner Cook stated there was rezoning on the same property last year, and the CUP was not mentioned; and inquired if there is any way to stop it temporarily. Commissioner Scarborough inquired if the Board could ask for an injunction; with Mr. Knox responding he does not think the County can do that because it put the owner through the site plan process and building permit process and approved the plan and permit.
County Manager Tom Jenkins advised the CUP was for a high radio tower; this tower is not a radio tower, and is probably a communications tower; and what was a high radio tower in 1980 versus what is a telecommunications tower today may be an issue. Mr. Knox stated he needs to look into that also.
Chairman Voltz recommended staff contact the owner because they may come up with something to resolve the problem. Commissioner Cook stated they may consent to stopping it where it is; and if not, he would like to consider a temporary stop work order until the County Attorney has a chance to see if the Board has any options and to get the definition of radio tower. He stated he would also like to reconsider the Ordinance because there are areas that need to be addressed, as the same situation may happen in other areas of the County.
Commissioner Higgs advised there are CUP's in existence in multiple places. Commissioner Cook stated the Board needs to know what is out there. Chairman Voltz inquired if they can be identified; with Commissioner Cook responding they should be able to identify those on the zoning maps. Commissioner Higgs inquired on what basis would the Board impose a stop work order if the owner has been through all the processes. Commissioner Cook stated rather than the County Attorney saying something off the top of his head, he should have time to review it; they are about to put another 100 feet on the tower today or tomorrow; and he wants to ensure all the research is done on what the County can do. Mr. Knox suggested calling the owner and asking him to voluntarily stop the work.
Discussion ensued on the new tower, old CUP, permits, research of legalities, and authorizing the County Attorney to proceed with necessary action.
Motion by Commissioner O'Brien, to direct the County Attorney to do research required today, and if an injunction is logical and appropriate, he be authorized to go forward and take any appropriate action under the law.
Commissioner Cook stated he is not requesting an injunction, but rather a stop work order until the issue is resolved. Commissioner Higgs inquired on what basis can the Board do that; with Commissioner Cook responding there are issues such as the rezoning where the Board and property owners were not notified there was an existing CUP at the time it was rezoned. Mr. Knox stated the only grounds the County has is the radio tower versus communications tower, but he has not researched that yet, and does not know what the definition was in 1980. Commissioner Cook stated he may be building a tower that was not the intent of the permit in 1980.
Discussion continued on the radio tower versus a telecommunications tower, options on how to proceed with resolving the problem, what can happen if the County red tags the project, funds expended to construct the tower, inadequate notice with the rezoning from IU to IU-1 with CUP for junk yard and not for tower, contacting the property owner and requesting a delay, standing of adjacent property owners, changing the zoning changing the uses the CUP was approved for, mistake on the part of the County in issuing the permit, friendly lawsuit, site plan approved prior to rezoning, application of the current Building Code, and possibility of stopping the project.
Commissioner Cook stated he is willing to take the risk until Tuesday to stop work; it is a serious issue to the people who live there; and they want the County to make sure it is appropriate. Commissioner Higgs recommended the County Attorney's staff research the issue and return to the Board before the end of the meeting to advise it further, as a stop work order has potential for financial liability. Mr. Knox stated the only thing they could find out is the difference between the radio tower in 1980 and the tower today. Commissioner Scarborough recommended Mr. Knox be replaced by a staff person and call the owner to discuss the problems with the CUP; and if it can be resolved that way, the Board would not have to red tag the project and be sued because it does not have a legal basis. Commissioner O'Brien described tower construction and how quickly it can be installed; and recommended Mr. Knox do something as soon as possible so the Board can make a valid decision before the meeting ends.
*Mr. Knox's absence was noted at this time. Assistant County Attorney Kyle King was present.
DISCUSSION, RE: 1997 GOALS AND OBJECTIVES
Commissioner Higgs advised the Board discussed developing a plan to make Brevard County a top ten community; limited progress has been made; and the Florida Commission on Government Accountability to the People published a "Critical Benchmark Goals" which identifies accountability measures, quality of life, and different factors, and ties it in with Vision 2000. She suggested staff look at the benchmarks the State identified and come back with a report combining Vision 2000 and benchmarks and how the Board can identify accountability and measure progress to the top ten community goal.
Commissioner Cook stated before staff benchmarks goals, he would like to read the Commission report. Commissioner Higgs stated staff can look at accountability of how the County is moving towards a quality community, and the Board decide what it wants to pursue. She stated she is not saying the Board has to adopt the report, as it is only an example of what the State did. Chairman Voltz suggested each Commissioner choose goals they want as County goals, bring it to the Board, then the Board can direct staff to do something at a meeting or workshop, because staff has a lot of work and a study like that would take a while. Commissioner Cook suggested getting a consensus on some of the items in the report. Commissioner Higgs noted the Board needs to focus on where it wants to go in the long term.
Commissioner Scarborough stated Brevard County is competing with places around the world; where it is located and what it has to offer make it unique; institutions of higher education are important; and the Board should not set low objectives on quality of life issues and should restate where it wants to be in 20 years.
Commissioner Scarborough advised the Board talked about landscaping medians but did not do a plan on making Brevard County more attractive; and even though there was consensus, it was not implemented.
Chairman Voltz advised there was a goal to have the St. Johns River Water Management District staff as the one-stop permitting center for site plans and subdivision plats; and they were asked to have a budget meeting in Brevard County.
Commissioner Cook stated he was told they will hold a budget hearing in Brevard County.
Chairman Voltz inquired about the status of the "How to Start a Business in Brevard County Book"; with Economic Development Director Greg Lugar responding they approached Cocoa Beach Chamber of Commerce which is using it as a fund raiser and does not want to give it away at no cost; but the County could consider putting it in libraries as a readable document with posters saying if they are interested they could call the Cocoa Beach Chamber for a copy of the book. Chairman Voltz stated she was thinking of something different for businesses that decide to come into Brevard County to know how to deal with wetlands and agencies such as the St. Johns, Fish and Wildlife, etc., permits, and what problems were encountered by other businesses.
Chairman Voltz advised each Department was to hire its own personnel to streamline the process; and inquired about the status of that item; with Human Resources Director Frank Abbate responding they started with three Departments, Road and Bridge was added in October, and they will invite other Departments. He noted they are happy with the new process.
County Manager Tom Jenkins advised the pilot program was a success and there were no problems, so they will encourage other Departments to do it.
Chairman Voltz advised there is a lot of vacant land in the County; and inquired if it would be possible to have it in one place for financial purposes, so the Board can see how much land will be taken off the tax rolls by the St. Johns, FIND, Corps of Engineers, and other entities using land in Brevard County. She stated if 30% of the land is left for taxes, the Board needs to work something out. Commissioner Scarborough stated he does not want to get so well planned that the Board loses flexibility. Chairman Voltz stated the Comprehensive Plan is a plan for everything, and the St. Johns District should know what lands it plans to use.
Chairman Voltz advised the Board did well in meeting the goals of 1997.
Commissioner O'Brien advised a lot of roads were built without landscaping, and the Board should go back to include landscaping in those projects. Commissioner Scarborough stated it makes a world of difference and should be a goal and general policy of the County to include landscaping with water, as xeriscape plants do not do well.
Motion by Commissioner Scarborough, to direct that all future County road projects include landscaping.
Commissioner Scarborough stated it may cost more, but it will enhance the County and increase tax revenue by increasing property values. He noted half a million in tax revenue was collected by the activity at the I-95 and SR 50 interchange, so there is a return from increasing property values.
Chairman Voltz stated funding is an issue; and Commissioner Cook has an MSTU to pay for landscaping, but she does not.
Commissioner Higgs stated she will second the motion if it includes current road projects; with Commissioner Scarborough responding he will accept the amendment to the motion.
Commissioner Cook stated maintenance is an issue, and staff should look at low maintenance plants. Commissioner Scarborough stated he wants plants that are watered because xeriscape does not look good. Commissioner Cook stated it will cost too much and will divert funds from the road project; with Commissioner Scarborough responding it can be picked up from an increase in the tax base that will be much stronger; it is an investment in the tax base of Brevard County that will come back to the County in revenue; and he would agree with low maintenance but high quality plants.
Chairman Voltz stated there are FDOT standards for plants in medians, but she has seen oak trees and palm trees; and requested Mr. Minneboo address it. Public Works Director Henry Minneboo advised FDOT is inconsistent; the way it does business in New Smyrna Beach is not allowed in Brevard County; staff is trying to follow its guidelines, and there are certain sizes they do not allow here but allow in Deland. Chairman Voltz suggested sending a letter to FDOT. Commissioner O'Brien advised of the shrubs that were mowed down by FDOT on SR 3. Mr. Minneboo suggested addressing the issue in the budget process.
Chairman Voltz inquired about the County's lawn crews; with Mr. Minneboo advising of the difficulty in maintaining the landscaping program in the style and character the County desires.
Commissioner O'Brien stated it is an investment in Brevard County; property values will increase the tax base and be financially beneficial; and the tax revenue could be used for maintenance. He suggested asking the Sheriff or State about using prisoners to do the planting, and contacting the 4-H and other clubs to get seedlings started as quality plants may not be grown by the Sheriff's farm. He stated the federal government forms job corps for inner city children; and staff could find a program to hire children between 17 and 19 years of age to mow the medians.
Commissioner Cook suggested getting businesses on commercial corridors involved. Chairman Voltz advised of the median on U.S. 192 in front of the Saturn dealership which is maintained by the dealership. She stated citizens do not know whether a road is a County, city, or State Road; Emerson Road has beautiful trees and Minton Road has none; and a letter should be sent to FDOT on what the County can plant where.
Chairman Voltz stated she does not want to depend on outside forces and have no control over the maintenance; and it needs to be done right and the same all over the County. Commissioner Cook stated the priority is completing the roadway. Chairman Voltz stated it should not slow down the road projects.
Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize the Chairman to visit with Nancy Houston of Florida Department of Transportation regarding landscaping standards. Motion carried and ordered unanimously.
Commissioner Scarborough stated first year enhancement funds were available for SR 520; Brevard County was not treated fairly by FDOT; and it needs to get the same level of funding based on population and roads. Mr. Jenkins advised the population of Brevard County is 475,000 right now.
Commissioner Higgs advised by October, 1997, the Board was to complete a ten-year road funding plan which it did not get and is needed. Mr. Jenkins advised Mr. Kamm will be meeting with each Commissioner on their needs. Commissioner Cook stated the Board also discussed excess gas tax.
Chairman Voltz advised of a letter from Parks and Recreation Director Chuck Nelson on funding for Fay Lake Park and no money for the other two projects; and requested clarification.
Parks and Recreation Director Chuck Nelson advised three projects were associated with the Port St. John MSTU--the Corto Community Center, Off Road Vehicle Park, and Fay Lake Park; the Center is $30,000 or $40,000 more than estimated; and the Off Road Vehicle Park is $1,000,000 over budget. He stated the Committee made decisions and did not tie into the budget; and now they have projects they cannot fund. He noted they have a meeting next week and may reduce lighting to bring it down to budget, but there has not been consensus.
Commissioner Scarborough advised the residents voted themselves an additional tax for recreation; the seniors wanted the Corto project; the Off Road Vehicle Park project was going on; and another group wanted Fay Lake Park, so they have three groups wanting three different things. Chairman Voltz inquired where will it go from here; with Commissioner Scarborough responding Facilities Construction is handling it by bidding alternates. Mr. Nelson advised he reviewed the plan and explained the ramifications to them; a large item is the soccer field lighting at $90,000; and they said they do not have to have that. Mr. Nelson noted they are looking at dividing the project into pieces such as site work, etc.
Chairman Voltz advised Palm Bay requested answers to three items in November, 1997; she answered them verbally and Mr. Jenkins wrote them a letter; however, they want an agenda item for the Board meeting so they can be heard. Commissioner Scarborough recommended putting it on the Agenda. Commissioner Higgs stated three years ago Palm Bay City Council did not want medians; former Commissioner Ellis did not focus on medians; and those were his projects. Chairman Voltz instructed Mr. Jenkins to put it on the Agenda; and noted Minton Road is their main problem. She inquired how the landscaping would be funded; with Commissioner Higgs responding Minton Road came in at or under budget, and since the gas tax revenue was good last year, staff could look at the cost and where they can get it from. Chairman Voltz advised there are trees at the Sheriff's Farm, but the maintenance is a main issue. Commissioner Higgs recommended Mr. Jenkins provide a report on enhancements to Minton Road, installation cost, and revenue source before it is placed on the Agenda. Chairman Voltz indicated the City of Palm Bay may share the cost.
DISCUSSION, RE: PRIORITIES FOR LEGISLATIVE DELEGATION PACKET FOR LOBBYIST GUY SPEARMAN
Chairman Voltz advised of a letter from EDC Director Lynda Weatherman regarding investment tax credit bill; and inquired if the County's Lobbyist could assist with it.
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize Guy Spearman to lobby the tax credit bill for capital improvements. Motion carried and ordered unanimously.
Commissioner Scarborough recommended Mr. Spearman get involved with the issue of layoffs at Kennedy Space Center.
Motion by Commissioner Scarborough, seconded by Commissioner Cook, to authorize Guy Spearman to get involved in the job situation at Kennedy Space Center. Motion carried and ordered unanimously.
Commissioner O'Brien recommended assistance with approval of the Manatee Protection Plan and those changes the County disagrees with.
Motion by Commissioner Cook, seconded by Commissioner O'Brien, to authorize Guy Spearman to get involved with the Manatee Protection Plan approval. Motion carried and ordered unanimously.
The meeting recessed at 11:30 a.m. and reconvened at 11:38 a.m.
Chairman Voltz advised the priority list for Mr. Spearman was put on the Agenda to ensure the Board's issues are included, and to provide an opportunity to add any other issues such as the jobs at Kennedy Space Center and the Tax Credit Bill. Commissioner Scarborough inquired if items can be added at any meeting; with Chairman Voltz responding yes.
Commissioner Higgs advised Senate President Toni Jennings had a meeting at Mr. Spearman's Office on part-time employees' retirement; she seemed interested in the issue; and if anyone is going to Tallahassee to lobby, it would be nice to have that $400,000 returned to the County.
Chairman Voltz advised every Commissioner needs to go to Tallahassee to lobby issues.
Motion by Commissioner Cook, to approve travel for all Commissioners to Tallahassee, to lobby during the Legislative Session.
Commissioner Scarborough advised Representative Ball's office is next to his and they schedule meetings with him; with Chairman Voltz responding it is also the other delegations who need to be lobbied, and Mr. Spearman can take Commissioners to those people they need to meet with who are involved with the issues. Commissioner Cook stated face-to-face discussions are good. Commissioner Higgs stated she has supported the part-time retirement issue for years, and it has a $500,000 price tag. Chairman Voltz advised she wants to learn more about that issue.
Commissioner O'Brien seconded the motion. Chairman Voltz called for a vote on the motion. Motion carried and ordered unanimously.
DISCUSSION, RE: COMMISSION GOAL SETTING
Vision and Retirees
Commissioner Scarborough supported vision, capacity to bring in good jobs, and a method to attract affluent retirees to increase the tax base.
Chairman Voltz advised the County could lose 500 to 600 jobs, but there is a potential for Boeing to come back, and they will have their second meeting on January 26, 1998 regarding reusable launch vehicles, which could mean more jobs for Brevard County. She stated Lynda Weatherman is encouraged they will make a decision, and Brevard County has the facilities to house the launch vehicles.
Commissioner Scarborough stated he does not want what Hughes did to Brevard County; they purchased a large tract of land and never developed it; and recommended Boeing be asked to make a decision even if it is to sell. Commissioner Cook inquired if EELS looked at the property; with Commissioner Scarborough responding that property could be developed as a tourist resort and vastly increase the tax base; so he does not want it to pass out of private hands into public hands, and prefers not to encourage EELS to purchase it.
Commissioner Scarborough advised the Great Outdoors attracts high-quality retirees; and inquired what would it take to attract more affluent retirees who will spend more in stores, eat out, and purchase more expensive homes. Commissioner Higgs stated she has a book on it; with Commissioner Scarborough requesting copies be made for all Commissioners. Commissioner Scarborough stated the County needs to attract different levels of retirees who have income and liquid assets and do not impact schools and infrastructures; and suggested staff look at economic data on how to attract affluent retirees. Commissioner Higgs stated the Board could look at that in the vision statement.
Commissioner Scarborough advised Congressman Weldon has catered to universities which contribute to higher paying jobs; F.I.T. received an endowment and will have a relationship with the industrial community by doing research and creating knowledge; and staff should track education and community cooperation with higher education.
Commissioner O'Brien recommended Mr. Jenkins lobby the Board of Regents to bring more of UCF's facilities to Brevard County. He stated the Board could ask to make Cocoa Campus aeronautical and aerospace engineering and not liberal arts; and inquired how can that occur. Commissioner Cook stated he does not want to discontinue liberal arts because a lot of teachers get their advanced degrees there, but he supports bringing other things to Brevard County.
Discussion ensued on flexibility and non-site specific expansion of UCF.
Commissioner O'Brien recommended Mr. Jenkins research how it can be done, and report to the Board.
Commissioner O'Brien advised economics is a large driver of property values in Brevard County; he is concerned about layoffs at Kennedy Space Center; and if property values fall, it will affect the entire County. He stated keeping EDC well funded is important; and beautification affects property values. He stated if property values increase, the Board would never have to raise taxes.
Chairman Voltz stated property values in Palm Bay went up and the residents are upset because their taxes increased.
Commissioner O'Brien advised the Board acted on numerous outstanding liens last year; and he would support a goal to pursue collection of those liens. He recommended staff review it and bring the Board a formula on how to proceed on collection of all liens, including Code Enforcement liens, at a rate of 20 a month or 12 a meeting.
Commissioner O'Brien advised the Banana River has shored in a lot and there is no channel; and one of the goals this year is to find a mechanism to dredge the Banana River.
County Manager Tom Jenkins advised F.I.N.D. is dredging the Indian River, but not the Banana River because it is not part of the Intercoastal Waterway.
Commissioner O'Brien recommended staff research State funding for the Banana River.
Commissioner O'Brien advised the Moore Memorial should be a State or federal project. County Manager Tom Jenkins advised staff complied with the guidelines, presented it to the State, and is waiting for its action.
Commissioner Scarborough stated it was a legislative objective; State NAACP may lobby for it; and it could happen if the right people get involved. Commissioner O'Brien recommended staff check into how to request it and coordinate with legislators.
Commissioner O'Brien advised Representative Futch and Senator Bronson are working on a deal with the Port on creating a State park; and inquired about a way to convince the Legislature that a State park is appropriate on the Barge Canal, as Brevard County only has half a State park, and it would relieve the Port St. John boating facility. Chairman Voltz stated the property is available; and inquired if the Board wants to add it to the legislative package.
Motion by Commissioner O'Brien, seconded by Commissioner Scarborough, to add a request for funds for a State park on the Barge Canal in the legislative package. Motion carried and ordered unanimously.
The meeting recessed at 12:15 p.m., and reconvened at 1:35 p.m.
Commissioner Higgs recommended the Board schedule one regular meeting per year in each Commission District.
Commissioner Scarborough advised when the Board had meetings in North, Central and South Brevard, there were difficulties with issues from one end of the County being heard in the other end of the County. He stated most people say it is okay to go to Viera, but driving from the North end of the County to the South end would not be appropriate, so major issues would have to be deferred.
Commissioner Cook stated he remembers when the Board rotated it meetings which inconvenienced people; people from Palm Bay do not want to drive to Titusville if there is an issue specific to their area; and the decision was made to centralize after going through those experiences of meeting all over the County.
Commissioner Scarborough stated when the Board met in Palm Bay with a specific agenda it was okay, but a broad agenda with items from Mims, Scottsmoor and Merritt Island would not be appropriate.
Chairman Voltz suggested structuring the meeting so that no major issue related to Titusville was discussed in Palm Bay and vice versa. Commissioner Cook inquired if a major issue such as a curfew would be excluded.
Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to authorize the County Manager to proceed with scheduling meetings outside of the Government Center in each Commission District.
County Manager Tom Jenkins inquired what will be put on the Agenda; with Commissioner Higgs responding she disagrees with no Countywide issues, but agrees not to schedule something that pertains only to North Brevard at the South Brevard meeting.
Discussion ensued on holding a town meeting, ability of the people to attend meetings rather than see video taped meetings, centralized meetings, and scheduling zoning items south of Pineda Causeway in South Brevard and items north of Pineda Causeway in North Brevard.
Commissioner Scarborough recommended one zoning meeting in South Brevard to see how it works, although it will be hard for staff to put those items together. Commissioner O'Brien stated cost will be incurred for staff because at the Government Center they stay in their offices until ten minutes before their item comes before the Board.
Chairman Voltz inquired if April will be okay; with Community Development Administrator Peggy Busacca responding it would be okay if it has not already been advertised.
Motion by Commissioner Higgs, seconded by Commissioner Scarborough, to direct the County Manager to schedule one zoning meeting in Melbourne City Hall. Motion carried and ordered unanimously.
Commissioner Higgs advised if there is not commitment to proceed with visioning and benchmark strategies, she will schedule it on the Agenda in a month.
Chairman Voltz suggested six weeks to allow Commissioners to read the information.
Commissioner Cook advised he agrees with everything discussed except the Commission meetings; and noted a lot of the goals were accomplished. He stated improvements were made in reduction of County vehicles, but staff should do more because it is a high capital cost.
Commissioner Cook recommended the Board continue to hold the line on taxes and reduce the size of the County's budget.
Commissioner Cook advised he is happy with the progress the Board has made and feels it is doing what it supposed to do for the citizens; however, it needs to continue to work on and address quality of life issues.
Chairman Voltz advised flood waters are running into Melbourne, and Melbourne's water is running into other areas; and perhaps the Crane Creek Drainage District needs to be reestablished. She stated a drainage summit has been scheduled for April 22, 1998; she and Commissioners Cook and Higgs will get together and figure out new boundaries for the District; and it is set up so they can meet with elected officials from Melbourne, West Melbourne and Palm Bay and figure out what they want to do about severe drainage problems.
Commissioner Higgs advised the County has a stormwater utility, but Melbourne, West Melbourne and Palm Bay do not. Commissioner Cook stated the cities have to come to the table also. Chairman Voltz stated the meeting on April 22, 1998 is supposed to be held at West Melbourne City Hall, but she is not sure of the location at this time.
Chairman Voltz inquired if each Commissioner wants to hold town meetings in their Districts to work more closely with the cities. She stated some cities were offended by the billboards saying "no impact fees"; they feel it is an unfair advantage; and inquired if the Board wants to address that.
Commissioner Cook advised he was told the billboard said tax abatement and the "no impact fees" was put on at no cost. County Manager Tom Jenkins advised EDC did the billboards and took the abatement down because he complained.
Commissioner Scarborough stated town meetings are good, but he does not want to have meetings just to have meetings, and those meetings should be issue oriented.
Chairman Voltz stated each Commissioner could have meetings to address different items such as drainage, etc.
Chairman Voltz advised of the possibility of acquiring land in Palm Bay for a solid waste transfer station; and noted the land is available with nothing around it which would be ideal. She stated if the Board could get rid of the Deseret Ranch land and acquire the land in Palm Bay, it would be more beneficial and would allow the traffic to flow south for industrial development.
Commissioner Higgs inquired if people who own adjoining property would get upset; with Chairman Voltz responding if it is a transfer station and not a dump, there may not be a big problem, but Commissioners will have to do a good "PR" job. Commissioner Higgs stated the County has 3,000 acres on U.S. 192, but she supports the proposal and staff working with Chairman Voltz or her to develop it. Chairman Voltz advised she and Richard Rabon met with Palm Bay staff.
Solid Waste Management Director Richard Rabon advised when the Sarno landfill closes in a few years, the County will need some place for construction and demolition (C&D) material; and to have a transfer station and C&D in one area in south Palm Bay would be nice. County Manager Tom Jenkins advised a recreation facility could be put on the perimeter as a buffer.
Chairman Voltz advised Parks and Recreation Director Chuck Nelson goes out 19 times a month for committee meetings; just to have a committee is worthless; Health and Human Services has 51 or 52 boards and committees; and that is way out of line.
Commissioner Cook stated some committees may need to be combined; with Chairman Voltz responding the Board needs to determine if they are all needed first then consider combining some of them. Commissioner Cook stated it is time consuming, but it keeps constituents involved; and suggested staff look at the County boards and Commissioners look at their District boards to determine which ones can be eliminated or combined.
Chairman Voltz stated she received notice from the Clerk's Office to appoint someone, then was told it was a mistake; so her office has appointed people when there was no vacancy, such as the Affordable Housing Board, where she has one appointment and the other Commissioners have two, and Commissioner O'Brien has two appointments that have been open for more than a year. Commissioner Higgs advised there was discussion about combining that Board with CDBG. Chairman Voltz advised when people have served on boards for a long time it is difficult to replace them, so they keep appointing the same people over and over again; and that should be reviewed.
Commissioner O'Brien advised he has a problem finding enough people to appoint; he could not find anyone to appoint to the opening on the Affordable Housing Board which requires certain experience; and he agrees with reducing the number of committees. He suggested during breaks of Board meetings, a scroll be used to list openings on boards and committees. He recommended staff look at the boards and committees to combine or delete.
Commissioner Higgs cautioned the Board not to ask staff to do that unless the Board is willing to go forward with deleting or combining boards and committees.
Chairman Voltz suggested staff look at them and each Commissioner do the same to see which ones are important and which ones are not important. Commissioner Scarborough stated when staff returns with a report, the Board may want to streamline its appointments.
Chairman Voltz inquired why are CRGS needed; with Commissioner O'Brien responding it is the taxpayers' money the Board is spending and citizen involvement is required. He described the work done by the CRG of North Merritt Island on Courtenay Parkway which was abandoned after the work was done. Chairman Voltz suggested staff look at the concept and determine whether they should be ad hoc or ongoing. Mr. Jenkins stated staff will make information available to the Board.
Chairman Voltz advised Brevard County has the Library System, but has no say on some library boards.
Library Services Director Kathryn Stewart advised Cocoa Beach, Cape Canaveral, and Palm Bay have no appointments from the Board; the Board has two appointments for Titusville and the City has five; and the Board appoints members to the Port St. John, Suntree, and Central Reference Libraries. She stated Merritt Island has 15 members who are appointed by the Governor because it was a Special Taxing District created by the Legislature.
Commissioner O'Brien stated the cities built the libraries at one time; they did not pay County taxes for libraries; the County gained those assets which became the County Library System; but they all had their own boards.
Chairman Voltz stated there should be a board of seven members, four from the County and three from the cities, as the County should have the bigger say since they are County funded. Commissioner O'Brien suggested a public hearing to request one appointment to each of the library boards; and suggested changes to the legislation creating Merritt Island Library Special Taxing District to appoint local individuals to that library board. Chairman Voltz stated the City Ordinances would have to be amended, but she does not know what libraries are under what scenario. She recommended staff get with her on what libraries have what and she will take it from there. Commissioner Scarborough suggested the Chairman contact the City Mayors.
Chairman Voltz advised of a request from the County Finance Director for additional support staff; and stated the Board never hears from the Clerk what the needs are. She stated they need to put the needs and wants on paper, but never hear from them on why they need two people or 14 computers; and the type of budget hearings the Board has do not involve hearing what staff needs other than to see what they ask for. She stated the Board does not hear their pitch of why they need what they ask for; and that is not being responsible because the Board does not understand the real need.
Commissioner Cook stated staff should be going through the County Manager; there is only so much revenue to meet the needs; and someone has to say no. He stated the Board can hear every Department but needs to rely on the County Manager. Chairman Voltz stated the Board decides where the revenue goes. Commissioner Cook stated the Clerk increased his budget, and he has complete authority to allocate the resources. Commissioner Higgs stated the Clerk's solution is additional software and not people. Mr. Jenkins advised the County did an RFP two years ago but could not pay for it and had to reject the proposals. He suggested letting staff to go out for another RFP.
Motion by Commissioner Scarborough, seconded by Commissioner Higgs, to authorize staff to go out for a request for proposals for a new financial management software package. Motion carried and ordered unanimously.
Chairman Voltz advised the Juvenile Assessment Center is a heart and soul project of hers; she had meetings with all the players; Sheriff Williams signed a contract and was going to be involved; but she talked to his Finance Director Mike Abels about security and he did not know what she was talking about and no funds were set aside for it. She stated he said they would need five people and $100,000, and the Sheriff came to the Board with a budget of over $600,000 and 15 people. Special Assistant Dot Estes stated Orange County has 15 people, and its center is much larger than Brevard's Center. Chairman Voltz stated if nothing is done, the Center will go down the drain.
Commissioner Cook stated he cannot see why Sheriff Williams cannot assign someone from his existing staff, as there are officers who only work half a day in the schools. Chairman Voltz stated off-duty officers could be involved; and the Sheriff will save a lot of money by having the Center open. Commissioner O'Brien stated Sheriff Williams asked the Board to help get a Juvenile Assessment Center that would cost the County nothing and he would throw in deputies. Commissioner Higgs stated she does not believe it was not going to cost anything, but the revenue would come from the $3.00 fee. Commissioner O'Brien stated the Board would not have to come up with $600,000, and the Sheriff should show a savings from having the Center.
Chairman Voltz advised she will bring it back to the Board after she meets with the Sheriff and the Cities that contributed. She stated some cities have donated and three more are planning to donate; they have raised $28,000 for transportation and have a fund raiser scheduled for May 18, 1998; and several businesses such as Florida Power & Light Company, Holmes Regional, TWC, and others have donated funds. She stated there is a lot of community support for the Juvenile Assessment Center, and she does not want to see it fall apart because Sheriff Williams needs $600,000. County Manager Tom Jenkins noted the City of Melbourne police may want to help. Chairman Voltz stated there are City of Palm Bay policemen looking for off-duty work. Commissioner Higgs indicated they could donate a shift once a week. Chairman Voltz stated Sheriff Williams had television cameras when he signed the contract, then he did not fund it. Commissioner O'Brien stated that was a devious plot. Chairman Voltz recommended asking the Legislature for ongoing funds to operate the Juvenile Assessment Center and requesting Guy Spearman to assist with that issue.
Motion by Commissioner Cook, seconded by Commissioner Scarborough, to include in the Legislative Package request for State funding for the Juvenile Assessment Center, and authorize the use of Guy Spearman to assist with the issue. Motion carried and ordered unanimously.
Chairman Voltz recommended continuing to solicit St. Johns River Water Management District to join the County at the site plan/subdivision one stop center and to ask for a budget hearing to be held in Brevard County. She inquired about the septic tank study by Environmental Protection Agency; with Special Assistant Barbara Arthur responding Environmental Protection Agency still has the contract with the consultant, but it has been held up for three years. Mel Scott advised it has been stretched out two or three years by Environmental Protection Agency; however, it is not a study of septic tanks, but identifying a budget for the Lagoon. Commissioner Higgs advised that segment of the contract is to determine what kind of loading goes into the Lagoon.
Commissioner Scarborough stated the study of Port St. John showed no impact from septic tanks because of the coquina rock drainage area and where the septic tanks are placed. He stated there are no physical flows, otherwise they would want sewers.
County Attorney Scott Knox advised he will share with the Board his findings regarding the tower in a memo because it is too complicated to discuss. He stated in summary, the County's position is weaker, but the property owners' position is stronger; and he talked to the principal involved, Mr. Kabboord, who is not interested in controversy and will contact the builder to try and work out something.
Commissioner Cook reiterated previous statements about the CUP being issued in 1985 for a 35-foot retractable antenna, and no CUP was included in the 1997 rezoning application; and recommended the County Attorney talk to the owner to stay the situation. Mr. Knox advised he explained to Mr. Kabboord about the possibility of the CUP going away, and he represented that he would talk to the builder of the tower. Mr. Knox noted they had a spinning white light and will change it to a red light, but the tower will be there.
Commissioner Cook stated the 1997 rezoning made no mention of the CUP and may have violated the County Ordinance. Mr. Knox stated the CUP runs with the land whatever the zoning was.
Commissioner Cook requested clarification of what runs with the land and what goes away when the zoning is changed. Commissioner Scarborough stated that needs to be clarified as there could be a lot of confusion. Commissioner Cook stated the CUP was for a 35-foot retractable antenna and now there is a 380-foot telecommunications tower which is not the same. Commissioner Scarborough requested the County Attorney's memo be given to the Commissioners by tomorrow. Commissioner Cook stated he will bring it up Tuesday as he feels misled because he did not have all the information when he voted on the rezoning item.
Commissioner O'Brien recommended the Zoning Ordinance be amended to eliminate the CUPs if there is a change in zoning.
Chairman Voltz instructed the County Attorney to provide the memo to the Board by Friday.
Upon motion and vote, the meeting adjourned at 3:02 p.m.
HELEN VOLTZ, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
ATTEST:
SANDY CRAWFORD, CLERK
(S E A L)