Attendee Name	Title	Status	Arrived
Robin Fisher	Commissioner District 1	Present
Chuck Nelson	Chairman/Commissioner District 2	Present
Trudie Infantini	Commissioner District 3	Present
Mary Bolin	Commissioner District 4	Present
Andy Anderson	Vice Chairman / Commissioner District 5	Present

 

 

 

The Invocation was given by Pastor Matt Stallbaum, East Coast Christian Center, Merritt Island.

 

 

 

Commissioner Trudie Infantini led the assembly in the Pledge of Allegiance.

 

 

 

The Board approved the October 18 and November 22, 2011, Regular Meeting Minutes.

 

 

The Board recognized and presented plaques to the following employees for 40 years of service:  Carl Kuehner, Public Works; 30 years of service: Jerry Walz, Fire Rescue; James Brown, Parks and Recreation; Christopher Harris, Cynthia Marshall, John Spillman, and Mark Luttrell, Public Works; Connie Adkins and Joseph Manahan, Solid Waste Management; Cheri Camp, Douglas Emmons, and Frederick Tomson, Utility Services; and 25 years of service:  Bradley Feagan, Keith Schneider, and Mary Uzel, Fire Rescue; David Strozier, Mosquito Control; Susan Boorse, Parks and Recreation; Sheila Jones, Planning and Development; Carly Murray, Donald Meints, and Susan Wesley, Public Works; Euri Rodriguez and Richard Dees, Solid Waste Management; and Mark Dowe, and Seth Cogsdale, Utility Services.

 

 

 

Commissioner Anderson read aloud, and the Board adopted, Resolution No. 11-268, recognizing December 21, 2011, as National Homeless Persons' Memorial Day.

 

 

Representatives from Continuum of Care and United Way expressed appreciation to the Board for the Resolution, and commented on the importance of recognizing homeless persons who have passed away during the past year; and also stated there are many things moving forward to address homelessness and to provide better services in the community.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Sandi Scannelli, President/CEO, Community Foundation for Brevard, stated the Community Foundation for Brevard teamed with The Urban Institute and the National Center for Charitable Statistics to create a web-based resource of information concerning all nonprofit organizations in Brevard County, which contains countywide information from IRS 990 data, the Census Bureau, and the Foundation Center, supplemented by local organizations.  She advised two advisory groups of local community leaders guided the development of the site, and also the Leadership Brevard class of 2011, of which contributed the name of the website; and through the work that was done, there is information on 2074 nonprofit organizations based in Brevard County, and of those, there are 1421 public charities, but only 420 of the public charities have income great enough to file a full Form 990.  She explained the site has many applications, such as mapping features; and the site is designed for those who want to volunteer in Brevard County, research organizations for donations, conduct needs assessments, and identify organizations to collaborate with or to address community issues.  She commented on the site's interactive map which highlights the different nonprofit organizations with their complete profile.  She stated one of the most powerful aspects of the site is the map overlay of community indicators; the purpose is to map the food gap in Brevard County; and the site will map all of the food pantries, the transportation routes, and community indicators such as education and poverty.  She stated Brevard County is the first County in the nation to launch a website; there are a dozen more pilots underway around the country, including entire states; and because Brevard was the first, it has been the model for The Urban Institute in bringing attention to Brevard County through webinars and site visits. 

 

Commissioner Infantini expressed appreciation to Ms. Scannelli for putting the website together; and stated it is very helpful to have the all of the resources on one website with a fantastic database.

 

The Board acknowledged a presentation on ConnectBrevard.org by Community Foundation for Brevard.

 

 

 

Chairman Nelson read aloud, and the Board adopted, Resolution No. 11-269, commending Christopher G. Harris for 30 years of service to Brevard County; and extended best wishes for good health and happiness during his retirement.

 

 

Christopher G. Harris expressed appreciation to the Board for the Resolution.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

Howard Tipton, County Manager, advised he will move his reports to the end of the meeting.

 

 

 

Commissioner Fisher read aloud, and the Board adopted, Resolution No. 11-270, declaring the week of December 13-20, 2011, as Post Traumatic Stress Disorder Awareness Week in Brevard County.

 

 

George Taylor expressed appreciation to the Board for the Resolution and stated 11 homeless persons have lost their lives in the past two weeks; the statistics from Washington D.C. and the Army are even more overwhelming; and stated every 80 minutes PTSD takes a veteran's life in the United States, which is an average of 18 per day and over 500 per month.  He stated it is important for communities and states to recognize that more awareness and support is needed, as well as more funding from Tallahassee. 

 

Chairman Nelson thanked Mr. Taylor for the work that he does with the veterans and the homeless.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Fisher commented on the following:

 

Stated he attended the groundbreaking ceremony at Macedonia Baptist Church on    Sunday, for homes that the Board helped build; and advised there are four families that will benefit from those homes.

 

Commented on the efforts of the Greater Titusville Renaissance, which has been trying to redevelop Miracle City Mall; stated the development's site plan will be before the Titusville City Council this evening for approval; and he is looking forward to that process moving forward.

 

 

 

Commissioner Infantini commented on the following:

 

Stated she attended the groundbreaking ceremonies at Macedonia Baptist Church, opening homes to four families; and it was nice to see the families move into such nice facilities.  She stated she would have liked for the Board to have purchased more by buying foreclosed homes, but the benefit is that there are four families that are now in homes and will spend the holidays together.

 

Announced her office is holding an open house on Friday, December 16th from 4:30 p.m. to 7:30 p.m., and everyone is invited to attend. 

 

 

 

Commissioner Anderson commented on the following:

 

Invited the community to his office's open house on Friday, December 16th from 5:00 to 7:00; and stated there will be food provided, but guests are encouraged to bring a canned good or a toy for the South Brevard Sharing Center.

           

Advised District 5 has finished the collection of jackets and coats for the Coats for Kids drive; and noted if anyone is in need of a new or slightly used jacket, they can call his office.  He stated approximately 1,000 jackets were collected.

 

Noted at the request of the Soil and Conservation District, he would like to temporarily appoint David Isnardi to the Committee.

 

 

 

Chairman Nelson commented on the following:

 

Expressed appreciation to the Clerk's staff and the County Manager's staff for providing historical facts about Brevard County to the end of the Regular Agendas.

 

Advised he would like to appoint Andy Barber to the Planning and Zoning Board, and Harry Carswell to the TICO Board; and stated Mr. Carswell's appointment would be effective on December 31, 2011.  Commissioner Anderson stated he would like to add David Isnardi to the appointments by Chairman Nelson.

 

The Board appointed Andy Barber to the Planning and Zoning Board, with term expiring December 31, 2012; Harry Carswell to the Titusville-Cocoa Airport Authority, with term expiring December 31, 2012; and David Isnardi to serve temporarily on the Soil and Conservation District Committee.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Lori Scott, Supervisor of Elections, stated her office will be mailing out the overseas and military ballots for the Presidential Preference Primary, on Friday, December 16th; the ballots must go out 45 days before the election; and the in-state ballots will be mailed on January 4th.  She commented on military personnel being able to scan and email ballots back to the Supervisor of Elections Office.  She further stated she is concerned about her Palm Bay and Melbourne Offices; on a normal day, every parking spot at the Palm Bay office is full; she perceives the situation as dangerous; and mentioned the impact on the two offices during the 2008 election.  She stated there is a vacant lot next to the Palm Bay office that the County owns; and she thinks it needs to be cleared to allow for more parking spaces.

 

Chairman Nelson inquired if the County Manager could request that the Public Works Department look at improvements to the vacant lot next to the Palm Bay office.

 

 

 

Howard Tipton, County Manager, advised Item III.A.6., Drainage Easement with City of Rockledge for EOC and Health Services, is withdrawn from the Agenda; and Item III.B.4., Approval, Re:  Amendment to Internal Auditor Contract, will be pulled for discussion.

 

Chairman Nelson advised Item III.A.13., Consideration, Re:  Concept of County Property Disposition to the Town of Grant-Valkaria on Valkaria Road; and Item III.B.9., Approval of Donation of Surplus Property, Re:  Donation of One (1) Vanpool to National Homeless Veterans Support, Inc., will be pulled for discussion.

 

Commissioner Infantini advised she would like to pull Item III.A.2., Board Verification and Staff Direction, Re:  Filing Corrected Version of Ordinance No. 11-34 (Sign Ordinance) with the Florida Department of State; and Item III.C.5., Approval, Re:  At Large Appointments, for discussion.  She further advised she will be casting a nay vote on Item III.C.4., Appointments, Re: Brevard Workforce Development Board.

 

 

 

The Board executed a Binding Development Plan Agreement with Frank DeGeorge for property located on the east side of Brevard Road, approximately 500 feet north of Irwin Avenue.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved project funding recommendations as prepared by the Technical Advisory Committee for the North Mainland, South Mainland, South Beaches, and Merritt Island/North Beaches Benefit Districts; authorized the Budget Office to execute any budget changes required to implement project appropriations; and authorized the Chairman to execute Disbursement Agreements with Indialantic, Satellite Beach, and Cape Canaveral.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution No. 11-271, commending Mark A. Luttrell for 30 years of service to Brevard County; and expressed its sincere appreciation and thanks for his dedicated service to Brevard County and its citizens, and extended best wishes for good health and happiness during his retirement.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board withdrew consideration of a drainage easement with the City of Rockledge for EOC and Health Services.

 

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board accepted a sidewalk easement from the First Baptist Church in Merritt Island for the benefit of public access.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed a Contract for Sale and Purchase in the amount of $4,445.00 and accepted the Drainage Easement (PDE) and Temporary Construction Easement (TCE) with the Housing Authority of Brevard County for the A-Lane Drainage Improvements Project; and waived the appraisal, Phase I Environmental Assessment, and survey requirements.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board accepted a sidewalk easement from ALSAR, Inc., for the proposed sidewalk associated with construction improvements of Sandy Place Retail Center, located on the west side of S. Babcock Street, south of W. Hibiscus Street in Melbourne.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board waived the Joinders in Dedication of Easements required in the purchase of two Temporary Construction Easements with Moolchande and Haimwattie R. Paraig for the West Cocoa Service Area 2, Department of Community Affairs (DCA), Community Development Block Grant Program (CDBG), and Lake Channel Improvements Project.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board executed a Contract for Sale and Purchase with Thao V. and Ian N. Dinh, for property located on North Banana River Drive.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution Nos. 11-272, authorizing the execution of Locally Funded Agreements, and 11-273, authorizing the County and MIRA to work together to provide Mast Arm Improvements in Merritt Island for the upgrade of new mast arm structures and street name signs be installed at S.R. 520 at Tropical Trail and at North Courtenay Parkway; and authorized the Chairman to execute all Budget Change Requests needed for this action.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Budget Change Request as submitted.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the write-off of uncollectible receivables from the Clerk of Courts for prior fiscal years, allowing the County to be in compliance with the management recommendations that were presented in the Annual Financial Audit for year-ended September 30, 2010.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the proposed revisions to Board Policy BCC-26, Acquisition of Consultant Professional Services to incorporate changes to Florida Statutes.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board accepted the recommendations of the Brevard County Community Development Block Grant (CDBG) Advisory Board, and approved the 2011-2016 Sharpes-City Point Neighborhood Plan.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Fifth Amendment of the County Lease with Roy F. Roberts & Son Groves, Inc. on 112+/- acres portion of the Scottsmoor Flatwoods Sanctuary property used as a cattle lease.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board authorized staff to proceed with the necessary documents to transfer ownership of the County property at 618 Melbourne Avenue to the City of Melbourne.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board authorized staff to proceed with the necessary documents to transfer ownership of the Melbourne Riverview Park to the City of Melbourne.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Memorandum of Agreement #TD1270 with Florida Commission for the Transportation Disadvantaged, authorizing Space Coast Area Transit to continue as the Community Transportation Coordinator (CTC) for Brevard County.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the Fiscal Year 2012 Certifications and Assurances for Federal Transit Administration (FTA) Grant; and authorized the Transit Director to execute the Certification and Assurances electronically.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution No. 11-256A, amending Resolution No. 11-256, Resolution of Necessity in order to correct legal descriptions and a scrivener's error for the Wickham Road Widening Project; and authorized the Chairman to execute the amended Resolution in order to allow the County Attorney's Office to move ahead with the applicable "quick-take" proceedings set forth in Chapters 73 and 74, Florida Statutes.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board adopted Resolution No. 11-274, allowing the Brevard County Housing Authority to apply for an allocation with the Florida Division of Bond Finance, and to allow for the issuance of Single-Family Mortgage Revenue Bonds during 2012.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board appointed Robert Jordan and Phebe Powell to the Brevard Workforce Development Board, with terms expiring June 30, 2014.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson

NAYS:                 Trudie Infantini

 

 

 

The Board appointed/reappointed the following: Frank Knieser to the Animal Advisory Group, with term expiring December 31, 2012; Mark S. Mathusa and Clara Mutter  to the Animal Enforcement Dangerous Dog Hearing Council, with terms expiring December 31, 2012; Joe Thompson to the Art in Public Places Advisory Committee, with term expiring December 31, 2012; R.J. Durham to the Building and Construction Advisory Committee, with term expiring December 31, 2012; Terry Graham, Ed Newell, and Pat Shearer to the Central Brevard Library & Reference Center Advisory Board, with terms expiring December 31, 2012; Dale Young to the Citizen Budget Review Committee, with term expiring December 31, 2012; Alan Bergman, Pamela Grove, and Lori Helton to the Community Action Board, with terms expiring December 31, 2012; Tony Barreiros to the Community Towing Task Force, with term expiring December 31, 2012; Pete Cario, John W. DeBickes, and R.J. Durham to the Contractor's Licensing Board, with terms expiring December 31, 2012; Marcia Newell and Gregory Shaw to the Country Acres Advisory Board, with terms expiring December 31, 2012; Wayne Cooper, Jim Kuzma, and Matthew Nye, to the Economic Development Commission of the Space Coast, with terms expiring December 31, 2012; Murray Hann, Beverly Morgan, and Bruce Wechler, to the EEL Program Recreation and Education Advisory Committee, with terms expiring December 31, 2012; Thomas Patrick O'Neill and William Pezzillo, to the Emergency Medical Services Advisory Council, with term expiring December 31, 2012; Linda Mannier, Marcia Newell, and Danielle Stern, to the Employee Benefits Advisory Committee, with terms expiring  December 31, 2012; Priscilla Griffith, Leeanne Saylors-Milucky, and Leesa Souto, to the Environmentally Endangered Lands Procedures Committee, with terms expiring December 31, 2012; Alan Coward, David Isnardi, and Billy Kempfer, to the Extension Advisory Council, with terms expiring December 31, 2012; Alan Brech, Samuel C. Lopez, Dianne Marcum, Henry Parrish III, David Paterno, Dr. William J. Sidoran, and Helen Stubbs, to the Historical Commission, with terms expiring December 31, 2012; Jim Milucky and Milo Zonka to the Investment Committee, with terms expiring December 31, 2012; Mark Broms and Jerry Jagrowski to the Library Board, with terms expiring December 31, 2012; Jerry Butz, John Mongioi, Joe Penovich, and James Rosasco to the Marine Advisory Council, with terms expiring December 31, 2012; David Isnardi to the Melbourne-Tillman Water Control District, with term expiring December 31, 2012; John Stone to the Onsite Sewage Disposal Variance Board, with term expiring December 31, 2012; Dudley Anderson, Clifford Barber, and Keith Farguharson, to the Palm Bay Regional Park Advisory Committee, with terms expiring December 31, 2012; Richard Contrares, Keith Farguharson, Mary Goelz, Jerry Jagrowski, John N. Kendrick, Jack Smink, Damian Wilson, and Ted Whitlock, to the Parks and Recreation South Sector Advisory Board, with terms expiring December 31, 2012; Paul Brooks, Mike Cicerrella, Cleave Frink, and Bonnie Venable, to the Personnel Council, with terms expiring December 31, 2012; Peter Aydelotte, Robert J. LaMarr, Samir Patel, Sue Schmitt, John Stone, and Clyde Thodey, to the Planning and Zoning Board, with terms expiring December 31, 2012; Gene Cate, George Geletko, and Gary Silcox, to the Public Golf Advisory Board, with terms expiring December 31, 2012; Kate Breitfeller, Lois Katzin, Dr. Rochelle Kenyon, and Linda Wiggins, to the Suntree/Viera Public Library Advisory Board, with terms expiring December 31, 2012; Clarence H. Mills, Milo Zonka, Kim Tsamoutales, Tom Gaume, and Tres Holton, to the Transportation Planning Organizatioin Citizens Advisory Committee, with terms expiring December 31, 2012; Nelle Ayre, Julia Derrick, and Stephany Eley, to the West Melbourne Public Library Board, with terms expiring December 31, 2012; George Bovell, James Rosasco, Sharon Savastio, and Dale Young, to the Zoning Board of Adjustment, with terms expiring December 31, 2012.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the billfolder as submitted.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Commissioner Infantini stated the new Code Enforcement regulation for signs has removed the citation and warning process, and goes straight to the violation process; and in the past, the Code Enforcement Officers were able to issue a warning, but now the warning process has been removed. 

 

Chairman Nelson stated the item is actually just sending the correct Ordinance to the State; the Ordinance has already been approved by the Board; but if Commissioner Infantini would like to do a legislative intent and bring the issue back to the Board, she may do so. 

 

The Board adopted Ordinance No. 11-34, amending Chapter 62, "Land Development Regulations", Code of Ordinances of Brevard County, Florida; amending Article IX, Sign Regulations, specifically amending Section 62-3301 Definitions to Modify, Add or Delete Definitions to Clarify the Intent of the Code; Section 62-3302, Enforcement to Update Code References and Remove Inconsistencies Regarding Enforcement Procedures; Section 62-3304, Nonconforming Signs to Clarify Intent, Update Code Reference, and Remove Unnecessary Language; Section 62-3306, Permits Generally to Clarify, Consolidate and Remove Unnecessary Language; Section 62-3307, Exemptions from Permit Requirement to Clarify Flag and Banner Exemption and to Add Exemption for Instructional Signs; Section 62-3309, Prohibited Signs to Remove References to Flags, Banners and Off-Premises Non-Commercial Sings on Scenic Roadways; Section 62-3314, Illumination to Clarify Digital Billboard Lighting; Section 62-3316, On-Premises Signs to Add Zoning Classifications, Wall Murals, Limitations for Commercial Lettering, Create Flag Size Limitations and Revise Locational Criteria; Section 62-3317, Temporary Signs to Revise Locational Criteria; Section 62-3318, Off-Premises Signs to Clarify Responsible Party; Amend Table 1.  Permitted Signs by Type and Zoning Classification; Delete Section 62-3305, Removal of Illegal or Abandoned Signs; and Section 62-3310, Construction Standards as a Duplicative Regulation; Providing or Area Encompassed; Providing an Effective Date; and Providing for Inclusion in The Code of Ordinances of Brevard County, Florida.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Robin Fisher, Chuck Nelson, Mary Bolin

NAYS:                 Trudie Infantini, Andy Anderson

 

 

 

Richard Hood, Town of Grant-Valkaria, Town Administrator, stated the Town would like the Board's support on a land transfer between the Town and the County; the Town Council has expressed interest in the transfer in order to gain the ability to have a piece of land to be able to build a Town Hall facility and park for the residents; and stated the Town currently leases space at a cost of nearly $30,000 per year, which is basically throwing money away.  He advised with the land transfer, the Town would have a piece of land large enough to construct a Town Hall facility and save the taxpayers at least $100,000 over purchasing land, and much more than that if combining the Town Hall with the proposed park, because facilities could be shared, such as the driveway, parking, water, and sewer.  He stated previously, the Board heard a request for Alfred Park; that request was considered, but did not make it through the process; and it did not make it through because of a petition from residents that expressed dissatisfaction with the location.  He stated the Town Council met with Commissioner Infantini to try to come up with a new location; and it was suggested that possibly something could be done with land at Broken Glass Park.  He advised in August, the Town Council held a public hearing with the residents; the residents were overwhelmingly supportive of the Town Hall and park being co-located at the same site; and it was demonstrated that there is plenty of room, with some minor modification to the County site plan.  He stated there was a lot of discussion regarding the park; there is nothing wrong with it, and it is a nice, municipal park; but he is not certain it fits the needs of the Town's residents; and there was a question as to where fields are for kids to play sports.  He stated the Town sees an opportunity to combine forces and get what the residents need, as well as the Town's needs, and the County's obligation; he understands there may be a legal problem regarding the park referendum funds and whether those funds were collected and need to be utilized on the park; and if that it the case, then the Town has a unique opportunity to join forces.  He stated as a body, the Town Council has expressed interest in the project; there have not been discussions outside of sharing the site because it was not know if the Town was going to get the land; the Council's intent is to hold public hearings if the land is transferred, in order to get input from the residents.  He stated since the park will serve as a municipal park and not a regional park, there are alternatives that can be explored, such as transferring the land to the Town and let the County build the park and let the Town build the Town Hall, but share in the design; and advised another option would be if there is a legal obligation to build the park, then the funds can be transferred through an interlocal agreement to the Town and give the Town the dollars that were collected through the referendum.  He concluded by saying it is important to recognize that the land is owned by the taxpayers, even though it is under the care of the County.

 

Chairman Nelson stated he spoke to the Mayor yesterday, as well as Mr. Hood.  He advised he has a concern related to the referendum element; the County has already expended $183,000 to date in terms of design and removal of old structures and preparing it for recreational development; and at a minimum, because it was a voter-approved referendum, those dollars would have to be reimbursed.  He stated he believes an arrangement can still be made, but he does not support just turning it over and not complying with what the referendum says, and then also having expended referendum dollars for which the County is not reimbursed; but the County has $278,000 budgeted for the construction of the park, and he thinks the two can coexist.  He stated his preference would be to have the Board move forward with the Town on the transfer, but take the original park plan, identify a location for the City Hall, look at shared parking, and expend those dollars, and then allow the Town to manage the park area; and that way, the County will have complied with the referendum, the park will be in place, and the Town will have the ability to pick the location in cooperation with County staff.

 

The Board directed staff to work with the Town of Grant-Valkaria for the purpose of transitioning to a Town Hall and park, following the original concepts of the park plan, identifying a location for City Hall, building it, and then transferring the property in its entirety as identified, to the Town of Grant-Valkaria.

 

MOVER:             Chuck Nelson, Chairman/Commissioner District 2

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Bob Whelan, Vice President of Real Estate for Harris Corporation, stated a few years ago the Harris CEO commissioned a study to determine how to take Harris to the next level, where and how to facilitate its growth; the study included incubation of technology development, including creating an environment of innovation, application of advanced information technology, and attraction and retention of world class talent; and the evaluation ended up looking at Harris facilities that it operates in Brevard County, as well as other jurisdictions.  He stated it was determined that the Harris facility in Brevard does not contribute to innovation, or technology development at the level needed to advance the vision; Harris came up with a multi-year, multi-million dollar plan; and stated Phase I involves a four-year, $100 million investment on the Palm Bay campus.  He advised the cornerstone of the first $100 million investment is a 450,000 square-foot engineering and innovation space; the facility will house 1,200 to 1,400 employees and will be built to high sustainability standards; and the facility will attract and retain the highest quality talent, and it will be highly collaborative.  He stated in addition to the 450,000 square-foot innovation center, Harris is re-focusing the highest visibility point from Palm Bay Road onto Troutman; Harris is working on a land swap deal with the City of Palm Bay to privatize Troutman and redirect traffic onto Clairmont; and Harris will be swapping land that it owns on the back of the campus to facilitate that through-traffic. 

 

Chairman Nelson stated what is good for Harris Corporation and Palm Bay, is good for Brevard County.

 

Commissioner Infantini stated she is in support of the tax exemption for Harris; however, she would like to request that the Board schedule a workshop moving forward; stated her suggestion is not directed at Harris, as they have provided a phenomenal work base to Brevard County for many years, and many years to come; but she is concerned moving forward with giving away $500,000 per year in future tax revenue; and with the Economic Development Zone, the Board is going to be giving away $5 million in the first five years.  She stated she would like to have a workshop because at some point it is going to fall back on the backs of the working class Americans in Brevard County; and inquired how the Board will pay for County government, such as police and fire rescue, as well as libraries and parks if it keeps giving away all of the tax base.  She stated that while she is in support of the Harris Corporation tax exemption, she would like to schedule a workshop in the future to determine how to sustain Brevard County economically.

 

Commissioner Anderson stated there is a great enthusiasm throughout Brevard County because Harris Corporation is putting up the commitment, and he supports the tax abatement.  He stated it gets lost in the news when talking about abatements because it sounds like the County is losing money, but he has a different theory because jobs are being created and improving home values, and will improve the overall real estate market in South Brevard in general; and the County will get the tax revenues multi-fold from that.

 

Mr. Whelan stated he thinks having a workshop is a good idea; one thing to remember is these types of incentives bring to the County; and stated no economic development deal is a good deal without a return on investment.  He advised Harris has a payroll of $560 million; the additional 100 employees will have a starting wage of $70,000 per year, which is a $7 million additional injection into the vitality of the community; the abatement is an abatement on the improvements; it does not diminish the taxes Harris already pays in Brevard County; what the County is doing is securing its own future; and an improvement on Harris has a 40-year lifespan, which means the County will abate a portion of Harris's taxes for 10 years, but will get the full value for 30 years.  He agreed a workshop needs to be held to help understand how to offset incentives with improved revenues and also develop a true, or better, understanding community-wide, of what economic development really is, which is a sustainable and viable economic future of a region, town, or county.

 

Commissioner Infantini stated she would like to hold a workshop moving forward, because sometimes she feels the Board does things piecemeal, and she would like to do it as more of a collaborative effort, so it is looking strategically moving forward to how the Board is doing abatements; and stated she was not trying to diminish the amount Harris Corporation already pays in taxes.

 

Commissioner Fisher stated he appreciates what Mr. Whelan has done; stated there will be 100 jobs that are new, but there are other jobs that will keep 6,000 people employed in Brevard County; and he does not believe Harris has ever been in front of the Board asking for any kind of tax abatement or credit.  He stated he said a long time ago that the County cannot keep using reserves for economic development; at some point, the Board will have to get serious about how it funds economic development; and he would be interested in a workshop, because the Board will have to charge somewhere if it wants to continue to do economic development.  He stated when the Board has a workshop, he hopes there will be talk of a public service tax.

 

Commissioner Bolin commented on recently attending the open house for Embraer at which employees told her they are now building houses in Brevard County because they are moving to Brevard and staying in Brevard; and stated tradesmen are getting back to work because Embraer was brought to Brevard County. 

 

Vic Brungart stated the expansion of Harris Corporation is great news for Brevard County; and stated he agrees the Board should hold a workshop.

 

Chairman Nelson stated sometimes the Board gets lost on what the abatement process is; it is money that the Board has not earned because the investment has not been made; if companies never make the investment, the Board never sees the money; the Board is not giving away money; if the County does not incentivize companies coming to Brevard, the County never sees the money; and stated he is appreciative of Harris, as it has been a very loyal Brevard County business and a world class organization. 

 

Commissioner Fisher stated if there are other suppliers within Harris, he would like Mr. Whelan to encourage them to come to Brevard County and be part of the new investment by Harris; and stated maybe Harris can work with the Board to attract some other businesses. 

 

Chairman Nelson stated he supports having a workshop, but he would like the motions to be separate.

 

The Board adopted Ordinance No. 11-42, granting an Economic Development Ad Valorem Exemption to Harris Corporation; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Chapter 196.012 F.S.; providing for proof of eligibility for exemption; Harris Corporation, providing for an effective date.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board directed staff to bring back to the Board on January 24, 201, an agenda and possible dates for a Workshop to discuss funding of Economic Development Tax Exemptions.

 

Commissioner Fisher stated he would like staff to come to the workshop with ideas on how to fund economic development.

 

Chairman Nelson directed staff to present a workshop agenda to the Board at its second meeting in January.  Commissioner Fisher stated everyone knows the Board is using reserves for economic development; and if the Board is going to keep doing economic development, it needs to decide on how to fund it, and there needs to be some serious options on how to fund it in the future.

 

MOVER:             Trudie Infantini, Commissioner District 3

SECONDER:     Robin Fisher, Commissioner District 1

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Lynda Weatherman, President and CEO of the Economic Development Commission of Florida's Space Coast, stated when the vision for space exploration was announced, the County Commission recognized that the job loss would need to be mitigated; while Brevard maintained launch opportunities and launch structure, it was made clear that launches would be tied to less jobs, and the shuttle would be retiring; and stated Lockheed Martin's announcement of the Orion Project, which took a step in mitigating the job loss, and it also diversified the industrial base of the Space Center.  She stated she would like to introduce a project to the Board today that is another significant step in mitigating the job loss, as well as diversifying the industrial base of the Space Center; and noted like any good project, there are a lot of players involved.  She introduced Mark Bontrager, Vice President of Spaceport Operations for Spaceport Florida, which was a significant player in the project; Dale Ketchum, Spaceport Research and Development Initiatives; Chuck Hardison from Boeing Corporation; Melvina Gasko, Manager of Government Relations; and Susan Wells, Communications for Boeing Exploration.

 

Chuck Hardison, Boeing Corporation, stated on October 31st Boeing announced the selection of Kennedy Space Center as the headquarters for its Boeing Commercial Group program; the announcement marked a benchmark decision by bringing actual detailed manufacturing production and test operations to the Space Coast, which has normally been done at other locations; and Boeing will be building and manufacturing the spacecraft in Brevard County in addition to launching it.  He stated Boeing has an extensive history with space flight; Boeing will be leveraging its experience with human space flight together with its extensive commercial aircraft experience to provide safe, reliable, and efficient commercial crew service to the space station and to commercial customers; and stated Boeing will be providing a total turnkey system, which includes everything needed to reach low earth orbit.  He advised Boeing recently announced its selection of the United Launch Alliance Atlas V launch vehicle for its development program, and will be operational at the end of 2015.  He stated Boeing is designing for a same day docking as launch opportunity; the spacecraft will be designed for a maximum  duration on orbit of 210 days; and Boeing is also designing for a capability of landing within six hours of undocking from the Space Station.  He noted one thing that is different from the way it has been done in the past is that Boeing is targeting for a land landing, which will allow it to reuse the crew module, providing for further cost savings by not going into the salt water environment of the ocean.  He stated Boeing selected the Kennedy Space Center and the Space Coast location because of access to the NASA customer, the outstanding existing facilities, the experienced workforce in the area, and proximity to the launch vehicle; and it was a great decision for Boeing to come to Brevard County.  He advised Boeing will be providing high-technology jobs; and 550 employees are projected to be working on the program by the end of 2015.  He stated he hopes the Board understands how appreciative Boeing is of the help that has been provided to it; it was a competitive decision to come to Brevard County; Florida was up against several other states; and together with Space Florida and the EDC, an outstanding package was put together that was very compelling.  He stated in partnership with Space Florida, Boeing will be modernizing the facilities that it plans on utilizing for its program; the former Orbiter Processing Facility No. 3 will be the hub of operations and where Boeing will be doing all of the production and testing; and stated also in the facility will be each flight manufactured new. He expressed appreciation to the Board for its support and for the hard work of the EDC, and Space Florida's support in making the project happen; stated Boeing is proud to be continuing with the space program and providing the United States with access to space and keeping Florida at the forefront of the space effort.

 

Vic Brungart stated he is in support of the Boeing program; Boeing is a company that wants to continue on with it has in Brevard County; and stated it is exciting to know that the Atlas V will launch from Brevard County.

 

Commissioner Fisher stated it is a great project that he has been involved with from early on; one of the early concerns was the State of Alabama wanted the program; and stated Boeing CST-100 Project is great for Brevard County.

 

The Board approved the Economic Development Commission of Florida's Space Coast's (EDC) request for a performance-based grant in support of Boeing's CST-100 Project in the amount of two equal payments of $330,000 upon the company meeting employment benchmark goals of 140 FTE's by the end of 2013 and 550 by the end of 2015, with an average salary of $60,000 and an estimated overall net annual wage economic impact of $45,896,710 according to EDC analysis.  Benchmark payments will be released upon a favorable result of State level performance audits with some flexibility provided in the benchmark timeline to allow for fluctuations in federal program funding or program slippage.

 

 

Chairman Nelson stated Boeing has been a great partner in Brevard County and the Board looks forward to having Boeing around for a long time.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Sheriff Jack Parker requested the Board support the Agenda item that was submitted by County staff, which would allow the Brevard County Sheriff's Office (BCSO) to build a new facility on a piece of County property adjacent to County Fire Station 24 on Columbia Boulevard in Titusville; currently, law enforcement operations for the north precinct are located in a 24-year old modular that has run the end of its useful life four or five years ago; timing for a new facility has been difficult and money has been difficult; but the BCSO is in a good position financially because he would like to acquire the new facility and fund it completely using no taxpayer money and no ad valorem revenues.  He stated the BCSO has been trying to bank its federal forfeiture accounts, so that it would have enough money to pay for three or four years of debt service payments while other revenues come in; currently, the BCSO has approximately $1 million worth of federal forfeiture funds; there is anticipation of additional funds coming in, but forfeiture funds cannot be promised or banked on because no one knows what the future holds; stated over the last three years, the BCSO has averaged approximately $370,000 per year in federal forfeiture funds; and right now, his office is sitting on requests that have to be awarded to the tune of approximately $3.6 million.  He advised he spoke with Commissioner Fisher, who has the same concern as he does that he does not want to be in a position in two or three years where the BCSO has to lean on the ad valorem budget to get the facility funded; one safety net the BCSO has is the inmate telephone revenues; the Board and the BCSO has pledged those revenues to pay off the criminal investigations division building, and also the CAD system for the Sheriff's Office; the CAD is almost fully paid for, and next year will be the last debt service payment; and the CID is doing very well, with only approximately $1 million left on it.  He advised that account brings in money for operational expenses that help with the jail, but also give the BCSO about $250,000 to $300,000 each year additional that can be applied to debt service payments; and in the worst case scenario, if there is no forfeiture monies that can be relied upon in the future, the BCSO will still be able to lean on that particular account so that there is no ad valorem monies to have to get.  He stated he would appreciate the Board's support for the request to get the facility started.

 

Commissioner Anderson stated he knows Sheriff Parker looked at a couple of facilities that are existing facilities, and he knows there is some desire from the community in North Brevard to find some of those existing buildings to try to put those to use; stated when the Board went through a similar process for the Supervisor of Elections, an RFP was done; and inquired if a process like that was done to solicit existing facilities first to see what else was available that might fit the criteria, and what it would cost to upgrade to the Sheriff's specifications.  Sheriff Parker responded with the help of County staff and also area realtors, for the last three or four years the BCSO has looked at properties available in the City of Titusville, or slightly north or south of that jurisdiction; he believes there are a lot of advantages of building a new facility with today's construction standards, as it is very important that a building can withstand a Category IV or V storm; and stated some facilities are well built, even though they were built in the 60's, but they do not rise to the level of protection of being able to keep deputies in the buildings during a storm event.  He stated everyone wants Titusville and the surrounding areas to be successful; any time the County has an opportunity to take a structure that is dilapidated and try to make it a beautiful structure, success begets success, and it was a wise initiative to try to do; and initially, that was the initiative, to try to find a building that was suitable.  He advised a couple of buildings were found; the Eckler building was looked at, but there became an issue with the price as well as some legal disputes on the title and ownership; and the County advised not to pursue it.  He stated the Patch Communications building on U.S. 1 was also considered, but the problem with that building was that it appraised at $1.29 million, and the seller's rock bottom prices is $1.55 million; and stated the $260,000 difference is too much for the Board to undertake.  He noted he was asked to look at other structures that were potentially suitable; there are a lot of structures that look good, but there is a lot of background information on each one of them; some structures have long-term leases; the owners do not want to sell because the value is so depressed, and so they are looking to lease the properties; and a lot of money would have to be spent to make them suitable facilities for the Sheriff's Office needs, including building an armory inside the building.  He stated after all the research, the BCSO settled on the Columbia Boulevard property; the presentation by Boeing reminded him that it is a very important thoroughfare for the success of North Brevard; stated Columbia Boulevard comes in off of I-95 and Route 50; it is a well-traveled roadway to the KSC properties; and the proposal is to raze and demolish the old DMV building, which is on County property.  He expressed appreciation to County staff, especially John Denninghoff, Steve Quickel, Holly Pardi, and Stockton Whitten; he feels the new BCSO facility would be a wonderful addition to Columbia Boulevard; and it would be helpful to be next to Fire Station 24. 

 

Commissioner Fisher the request was on the Agenda a couple of months ago, but he asked Sheriff Parker to pull it from the Agenda because he had a concern about building a new building when there are so many empty buildings in the north end of the County that could be renovated; and he asked Sheriff Parker to look for an existing building.  He stated Sheriff Parker came back and said there were no existing buildings that were feasible or sufficient for the needs of the BCSO; and stated he looked for buildings himself, but also did not find anything.  He stated he became okay with the request, but still had concerns about the long-term commitment and how it would be funded; he likes dedicating the inmate telephone monies to the project if the forfeiture funds are not there; and he did not want to be in a situation where there is only three years worth of funding for the commitment, and that after three years, the Board would be financially obligated for another 10 to 15 years. 

 

Commissioner Infantini stated she has concerns about moving forward so quickly on the new building; the Board put off the Supervisor of Elections for approximately nine months, and she did not think that was fair; and she does not think it would be fair to Sheriff Parker either.  She stated she would like to offer the real estate community to try to find a building in Titusville and put the project out to RFP; stated she also has a concern with putting the facility on Columbia Boulevard, because it would seem that the property is a prime piece of real estate that the County could sell and garner revenue to generate to pay for the proposed project; and stated the last time the Sheriff asked to have funds committed with the telephone fees, County staff did not keep to that commitment.  She stated until she can see something more concrete, that the funding will not be moved from one place to another, she is not comfortable with moving forward on the project.

 

Chairman Nelson stated he appreciates the search for property by the Sheriff's Office; he suspected nothing would be found, as the BCSO's needs are so specific, and he does not fault the agency for that; it cannot be expected that a Walmart can serve as a precinct; and it is critical to get the BCSO into a building that meets Category V storms.  He stated it must be remembered that it is a different world since 9/11; the BCSO has security concerns; and stated the Columbia Boulevard location is ideal, as it gives the agency access.  He pointed out that no one is going to buy the property today at what it was worth five years ago; the Board would be giving it away, and that would not make sense; and what does make sense is to have the BCSO where it can respond in a timely fashion. 

 

The Board authorized staff to advertise a Request for Proposals from qualified architectural/engineering firms and qualified construction management firms; authorized the establishment of a Selection and Negotiating Committee consisting of the following, or designees: Steve Quickel, Facilities Director; Stockton Whitten, Assistant County Manager; and Sheriff Jack Parker; authorized the Chairman to sign all associated contracts for the design and construction of a 20,000 square-foot (approximate) new Brevard County Sheriff's Office North Precinct; granted permission to demolish the old Department of Motor Vehicles (DMV) building on the proposed site to accommodate the new facility; and authorized staff to determine the most cost efficient method of financing the project.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson

NAYS:                 Trudie Infantini

 

 

 

Susan Canada stated she is not questioning the work that George Taylor does for the veterans; but it was noted earlier of 420 of the charities listed on ConnectBrevard.org do not earn enough to file a Form 990; and the National Homeless Veterans Support group definitely does have enough money to file a Form 990.  She stated when you ask to see an organization's books and are told by someone from the organization that they would quit the group rather than open their books, she has a problem with that because she has never come across a charity that did not open their books; and inquired if any of the Commissioners have looked at the books for National Homeless Veterans Support to see what the assets are, what the expenses are, and where its money goes.  She inquired how many vehicles the organization currently has; stated she knows there is one station in Titusville that helps service one of the vehicles; and inquired if the organization is getting a fleet of vehicles, and if there is another organization that might need vehicles more than NHVS.  She further inquired how much money the organization has that it might be able to purchase such a vehicle as needed, with wheelchair lifts, since the vehicle for consideration today does not have a wheelchair lift.  She stated Commissioner Infantini mentioned giving away taxpayer bases earlier; she realizes the subject request is different than that, but it is still almost $5,000 of taxpayer money.  She advised she researched the budget of Space Coast Area Transit, and while she does not think the Board cut much from the budget, it did lose some revenue sources; and obviously, the money could be used in SCAT.  She inquired if the Board is duplicating services because the organization already has vehicles, and if there are other agencies in the County that can help transport veterans.  She stated her concern is not just about the veterans, but the homeless people who are not veterans, with children; and inquired if it would be better to give away bus tokens.  She added, before the Board duplicates services, it needs to ask some pertinent questions, such as the revenues of NHVS and how many vehicles it has.

 

Bea Polk stated she does not know of any other group that she has asked to show their books that did not show their books; stated it bothers her that taxpayer money is given to a man who would tell the public it would never see his books; and inquired what the organization has that it does not want the public to know about.  She stated some organizations are using taxpayer money for things they should not be using it for; she was told that NHVS did not have to show their books; and inquired how the Board can give away taxpayer money in a difficult economic time.  She stated when non-profit organizations began, she was against them because she was told she could have a non-profit organization to take on politicians and receive money and grants; and now there are millions of non-profit organizations because they do not have to pay taxes.  She stated she would like to see the books of NHVS; and after she sees the books she will support the donation of a van. 

 

George Taylor stated NHVS's Form 990 is in Tallahassee, with over 92 percent service to veterans; the speakers have a vendetta against one of his board members and it has nothing to do with NHVS; and stated his organization will give their Form 990 to anyone.  He stated NHVS tries to service veterans in the community and tries to take care of the veterans who live in the woods who are on Hospice and have no food; noted there are several veterans in the community who live in makeshift sheds behind people's houses; and NHVS receives no money from Parrish Medical Center, but Parrish Medical Center has been a big supporter of the Stand Downs and the issues of the veterans.  He added, out of respect and courtesy for the support that Parrish gives NHVS, it paid for a sign and put Parrish Medical Center on its vans, but NHVS does not get any funds from Parrish; the reason Parrish allows NHVS to have an office in one of its medical buildings is because when doctors partner, it is hard to partner with doctors in a 1,000-foot office building, and Parrish facilitates the organization by offering a room in which to run NHVS.  He reiterated that NHVS has no objections to anyone coming to its office and looking at the books; and stated he will not get into a vendetta between the two speakers and one of NHVS's board members.  He stated NHVS purchases $400 to $500 per month in transportation for bus tickets; NHVS is also a member of Continuum of Care, the Social Coaltion, and it tries to support the non veterans and get them to a better place where they can get food and referrals to organizations in the community that may change their lives with their children.  He stated one of his vehicles has approximately 181,000 miles on it; gas is expensive; Palm Bay and Melbourne is a targeted area for veterans; and it would be financially better for NHVS to have a vehicle that stays in the south area of the  County.

 

Commissioner Anderson stated part of the application process for the Community Based Organization was that they had to submit a Form 990; and inquired if Mr. Taylor could provide Form 990 at the time of the transfer of property.

 

Commissioner Fisher inquired if there are any taxpayer dollars going to Mr. Taylor's organization that he is not aware of.  Jimmy Liesenfelt, Transit Services Director, responded, no.  Mr. Taylor stated NHVS has only applied for one grant for Stand Down this year; Tallahassee changed the criteria for the grant for the Stand Down, so the organization had to pay for the Stand Down up front; and NHVS might acquire some of those funds in January or February, but it has never received any grants from the City or County.  Commissioner Fisher stated the Board supports the bus tickets for the Stand Down events.  Chairman Nelson pointed out that the Stand Down is for many veterans organizations.

 

Commissioner Infantini stated the public has raised some valid questions; she worries when the Board is giving away space for nonprofits to reside; stated the van could provide service for veterans or for women and children in shelters; and inquired if there is any type of analysis done as to the need, based on a priority schedule.  Mr. Liesenfelt replied Transit Services did not do an analysis; NHVS buys transportation tickets; but the request today is such a rare event that there is not a system set up for it.  Commissioner Infantini stated she will support the request, but she understands the concerns of the public; and stated it is a rule of the IRS that is someone files as a nonprofit, they have to record where the books and records are kept and be available for inspections.  Mr. Taylor noted when NHVS met with George Mikitarian from Parrish Medical Center, the organization offered all of that information.  Commissioner Infantini pointed out that Form 990 is a tax form; and stated the books and records are the supporting documentation.

 

The Board approved the donation of one (1) surplus vanpool van to the National Homeless Veteran Support, Inc.; and stipulated that National Homeless Veterans Support, Inc., provide to the County, Tax Form 990 and any other documents required pursuant to federal law, at the time of the transfer of property.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

The Board approved the amendment to the Internal Audit Services Contract to accept assignment of services previously provided by Hoyman Dobson, CPA's due to their merging with Carr, Riggs & Ingram, LLC; and approved an assignment to McGladrey & Pullen, which was a result of a merger with RSM McGladrey.

 

 

 

The Board appointed the following members to the North Brevard Economic Development Zone Special District Board: Brenda S. Fettrow, Ed.D, with term expiring December 31, 2013; and Robert Jordan and Louis Sanders, with terms expiring December 31, 2015.  The Following members were appointed upon confirmation by the Titusville City Council: Stanley E. Retz and Dan Aton, with terms expiring December 31, 2013; and George Mikitarian, with term expiring December 31, 2015.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Robin Fisher, Chuck Nelson, Mary Bolin, Andy Anderson

NAYS:                 Trudie Infantini

 

 

 

Joe Ivison stated the property behind his home is overgrown with vines, trees, bushes, and a large Banyan tree; the tree has been there for a long time and has caused damage to his property in the past; recently, during a storm, some branches on the tree broke off and tore out sections of his pool screen; and stated the owner of the tree ignored his requests for help.  He advised he went to Commissioner Infantini, as well as the homeowners association president, who agreed the Banyan tree is a problem after looking at it; stated Commissioner Infantini made some suggestions that he would like to address; he has no civil standing in a court in the State of Florida, as they will not look at tree issues; the State's position is that they do not want to tie up courts with arguments between neighbors; and the State feels it is a self-help issue that should be resolved between the two parties or the County.  He further advised that Commissioner Infantini suggested he call Code Enforcement; Code Enforcement told him that the Code states the tree can be cut at the fence line, and suggested he hire a tree service; and stated he does not understand how someone can cause a problem, but he has the expense of resolving the problem.  He stated he researched if the tree would be considered a public nuisance; based on Florida Statute, the tree is a public nuisance; but the County Attorney's Office has told him that he is not the public, but an individual, and it is an individual problem that should be resolved between two people; and advised he has brought some friends and has a letter from a neighbor who are familiar with the problem.  He stated he would be willing to pay a portion of the cost to remove the tree; but he does not know if the owner of the property the tree is on would be willing to cut it down; Banyan trees should not be in an urban area; they are banned in Dade County because they have torn up sidewalks and streets; and stated he is just looking for suggestions.

 

Stanley Myerson stated he has been to Mr. Ivison's house many times; the Banyan tree is so large that is does pose some threat to a person or property; and he hopes the issue is something that the Board can look into.

 

Mr. Ivision stated the address of the property with the Banyan tree is 275 Landings Road, Melbourne Beach. 

 

Commissioner Infantini stated she visited Mr. Ivison's house; the Banyan tree is huge and extremely tall, so it is not just a matter of climbing a ladder and cutting off a couple of branches; the cost to cut down a tree as large as the Banyan tree could be $2,000; and stated Landings Road is a private road and not county maintained.  She stated Mr. Ivision can cut some branches, but they are so high that a ladder cannot reach them all; because of the proximity of the neighboring properties and Mr. Ivision's pool, a cherry picker could not even be used to cut branches; and she suggested Mr. Ivision bring the issue to the Board to see if anyone has a creative solution. 

 

Chairman Nelson stated the Board shares Mr. Ivison's frustration because there is not a lot it can do; it become a civil issue between neighbors; and noted he made the mistake of planting a Banyan tree and suffered for it because he had to take it down himself.  Mr. Ivison stated it is the neighbor's refusal to address the problem that is frustrating.  Chairman Nelson stated Banyan trees are extremely bad for plumbing because the root system will find any source of pipes and water; and inquired if Commissioner Infantini has spoken to the owner of the Banyan tree.  Commissioner Infantini replied no, she has not had a chance to speak to the property owner.  Chairman Nelson stated it sounds like there are neighbors who are impacted, and maybe as a group Commissioner Infantini could facilitate a discussion between all parties to see if there is some common ground; otherwise, he does not know what the Board can do, as there is nothing in the County Code that addresses the issue; and unfortunately, it is a civil matter between neighbors. 

 

Mr. Ivison stated he is getting into a position where he has to break the law to protect his family and his property; and that would be to go on the adjacent property without permission from the owner and trim the tree.  Chairman Nelson stated the problem is that the tree will re-grow over Mr. Ivision's property line. 

 

Commissioner Infantini stated she will work to try to get in touch with the property owner of the Banyan tree.

 

Charles Tovey stated he has with him a nautical tie that he made; it was recognized by the magistrate one of many times that he has been in front of Code Enforcement; the magistrate recognized his first amendment rights to wear the tie; the tie means no offense to anyone but himself; and stated he feels he has no rights as a citizen in America or Brevard County, or Palm Shores.  He stated he has a $25,000 fine for not fixing his arson-damaged house; he has not fixed it because the evidence still remains, and there has only been a five minute investigation, which he spoke against for fear of incarceration for arsoning his own house, even though he has an alibi; and he appreciates Commissioners Bolin and Infantini's office, as well as other who have been helpful. 

 

Vic Brungart apologized to the Commissioner Bolin and Chairman Nelson, for some remarks he made three or four years ago about the work of the Board of County Commissioners; and ever since then, it has bothered him that he said something that was not nice about the work of the Board of County Commissioners.  He noted since he has been on the Planning and Zoning Board he has realized how tough the job is that the Commissioners do, and what the Commissioners do is done in the manner of trying to help citizens; and commented on County staff who are really great people and do a good job for the Board and for the citizens.

 

 

 

Chairman Nelson called for the public hearing to consider a petition to vacate a right-of-way on Vermont Street in the National Police Home Foundation, as petitioned by Joshua and Jenna Matheny, and Brandon and Dana Gish.

 

John Denninghoff, Public Works Director, stated at the close of business yesterday, staff had received no objections; last night an email was received at approximately 10:40 p.m. expressing objection; and another email this morning at 9:00 a.m. also expressing an objection to Item V.A.  He stated the adjacent property owners are petitioning the Board to vacate a piece of right-of-way, and it is their intention to build two homes on the properties that they collectively own; and staff is prepared to recommend approval by the Board.  He stated one objector submitted an email of five objections; there are concerns about the potential for flooding if the properties are developed with houses; there are also concerns about wells and the water level within wells; and noted the area in question does not have a public water supply, so it does rely on wells for water.  He noted there is also a concern from one of the objectors about a privacy wall along I-95, and the possibility of the property being cleared, making I-95 more visible to the community; and stated there is also a concern about the wild hogs in the area and how they will be dealt with.  He stated it would not be the County's intention to put up any walls; he would suggest that the property owners not clear out all of the trees; stated there was a concern about the flooding and the regulations for permitting and issuing a permit for a home and whether or not flooding would be generated on adjacent properties; and suggested that those Codes would be enforced.  He noted there is a drainage canal that is nearby; the petition does not affect the drainage canal at all; and he does not believe those concerns are ones that would affect whether or not the Board would consider the petition.  He stated Mr. Lindstrand's concern was whether or not there is the possibility of multi-family homes being built on the properties, but that is a zoning issue. 

 

Chairman Nelson stated the concerns are covered by existing Codes, such as one property owner cannot flood another property owner, as that is not a permissible activity. Mr. Denninghoff stated that is correct, and the zoning is not changing on the property, which would prevent multi-family housing.

 

There being no further comments or objections, the Board adopted Resolution No. 11-276, vacating a right-of-way on Vermont Street in the National Police Home Foundation, as petitioned by Joshua and Jenna Matheny, and Brandon and Dana Gish.

 

 

Mr. Denninghoff stated there is one other item associated with the vacating; there is an easement that is required; an easement has been submitted to staff; however, it is believed that the easement does not accomplish everything that the petitioners want to accomplish; and he would like the Board's authorization to help them work through the easement, and when there is an easement that will suitably take care of the issues, staff will move forward with the vacating.

 

Michael Duffy stated he has lived on Vermont Street for 26 years; there is one vacant property south of his property, which is against the drainage canal; and the property is still wooded.  He stated some concerns he has is how it is being funded, and if it is privately funded by the homeowners, or if it is taxpayer money.  Chairman Nelson replied generally, State law says that if a vacation is done, it goes to the adjacent property owners, and the process itself is paid for by the applicants; and noted the County is not doing any infrastructure improvements or spending any public dollars in that regard.  Mr. Duffy stated another concern is the noise level; at times, the noise is tolerable, but in the wintertime I-95 is a lot noisier with the vegetation off of the trees; and stated he would like to see as many trees left as possible.  He noted the road will be extended over the drainage canal; the area experienced minor flooding in 1996 with Hurricane Erin; his house was built in 1973 and is on-grade with the road, so there is no elevation; but houses built after 1980 have higher elevations; and advised during a storm three years ago his garage flooded. 

 

Chairman Nelson inquired whom the canal belongs to; with Mr. Denninghoff responding it is part of the Melbourne-Tillman system, and they would issue permits, review the engineer, and required pipe sizes that would be compatible.  Chairman Nelson stated the regulations are such that the petitioners should not be able to impact the drainage and cause that problem; but the issue is well noted.  Mr. Duffy reiterated that keeping as many trees as possible will help the homeowners, as well as the neighbors.

 

Mr. Denninghoff stated his only concern is about the easement; staff needs to get the easement worked out and condition the vacating on getting that easement language straightened out.

 

Commissioner Anderson amended his motion to authorize staff to negotiate the easement; with Commissioner Bolin amending her second to the motion. 

 

There being no further comments or objections, the Board authorized staff to negotiate the easement before approving the vacating.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider a petition to vacate public utility and drainage easements on Mosswood Boulevard in Mosswood Subdivision, as petitioned by John and Kathleen Rable, and Albert and Nancy Orr.

 

John Denninghoff, Public Works Director, advised staff has received no objections on the petition.

 

There being no further comments, the Board adopted Resolution No. 11-277, vacating public utility and drainage easements on Mosswood Boulevard in Mosswood Subdivision, as petitioned by John and Kathleen Rable, and Albert and Nancy Orr.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider a petition to vacate a right-of-way on Center Street in June Park Subdivision, as petitioned by Cecil and Sandra Anast, David Redford, and Warren Laprell.

 

John Denninghoff, Public Works Director, advised there are no objections to the item.

 

There being no further comments, the Board adopted Resolution No. 11-278, vacating a right-of-way on Center Street in June Park Subdivision, as petitioned by Cecil and Sandra Anast, David Redford, and Warren Laprell.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Trudie Infantini, Commissioner District 3

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider a petition to vacate a right-of-way on Pine Road in Morningside Beach Subdivision, as petitioned by Michael DiChristopher.

 

John Denninghoff, Public Works Director, advised the proposed vacating is for a public road right-of-way in a subdivision of record with improvements in it.  He noted previously, the Board directed staff to secure easements with language to preserve access to utilities and in the case of staff's opinion, they felt the Board directed them to maintain the rights of the adjacent property owners, to be preserved through the avenue of the easement to replace the road right-of-way.  He advised Mr. DiChristopher has a differing opinion, so the current language associated with the petition has language that would relatively narrowly construe the ability of different types of utilities to be located inside of the easement; and noted staff is satisfied with the access issues.  He advised Mr. DiChristopher would like it to be construed that only specific utilities can be utilized; and pointed out if the rights are maintained as they are today, then that would include future utilities that may not exist today.  He explained there are three options for the Board on the Agenda Report: 1.) Deny the vacating request; 2.) Approve the vacating contingent on execution of easement proposed by petitioner and delivery of that easement to staff within 20 days; and 3.), Approve the vacating contingent on execution of proposed easement amendment to include language that provides all uses allowed in dedicated rights of way that shall be permitted in the easement area, and that the amended easement must be executed and submitted to staff within 20 days.

 

Michael DiChristopher stated the sticking point right now with his request is the language of the easement; in the easement language, he has allowed for electric, telephone, cable, natural gas, and sewer; currently, those things are not available on Pine Road; and so he offers them through the easement.  He stated also, there was a Public Interest Determination in 2008 that says that no improvements can be made in the Pine Road right-of-way; property owners in the subdivision now have access to all of the utilities that are present in the right-of-way; and what Mr. Denninghoff is referring to is some type of future utility that would be allowed in a right-of-way.  He advised the distinct difference between a right-of-way and an easement is that with any future utility someone has to apply for a permit to put the utility in the right-of-way; but on a private easement, they do not have to do that, so there is no policing authority or control over what someone can do, or how they can do it; and that is the only difference between a right-of-way and a private easement.  He stated there is no one there who can say they do not want a propane gas tank in the easement; it is a utility and could serve all of the homes in the subdivision, but there is no permit application or no supervision or construction methods that have to be followed on a private property, so the County would be totally out of the picture; whereas, in a right-of-way, there is the ability to tell someone they cannot do something.  He stated the easement, the way it is drawn, addresses all of the utilities that can be put in a driveway easement.

 

Chairman Nelson stated Mr. DiChistopher has made the strongest argument for denying the vacation, which is why take away somebody's future right; initially, what the Board was trying to preserve was that future right of people beyond Mr. DiChristopher; and what Mr. DiChristopher has gained by the vacation is setback issues, and other things.  He stated the one issue he cannot give up on is the future right; it was his concern in the very beginning; while he appreciates what Mr. DiChristopher has tried to accomplish, he does not know what technology is going to do in the future, but he thinks that right needs to be preserved for those property owners that are further to the north of Mr. DiChristopher's property

 

Mr. DiChristopher inquired how he, as a homeowner, is supposed to say how it is supposed to be done, as there is no County ordinance or Code.  Chairman Nelson replied the Board is challenged to protect the rights of everyone; stated Mr. DiChristopher is asking him to protect the rights of just one individual homeowner; there are properties that would need access, or should get access, for a variety of reasons; and while it is a dilemma, he cannot support giving up that right to Mr. DiChristopher's benefit as opposed to the multiple property owners to the north of him.  He added, if at some point Mr. DiChristopher acquires those, then that issue goes away. 

 

Mr. DiChristopher stated Chairman Nelson is asking him to forecast what could possibly happen in the future.  He noted currently, the property owners only have ingress and egress; they have no utilities; and stated he is asking to vacate the right-of-way, which would allow the other property owners to get telephone, cable, sewer, and everything else that goes into today's right-of-way.  Chairman Nelson stated Mr. DiChristopher is asking him to ignore those rights.  Mr. DiChristopher stated if the request is denied by the Board, the other property owners will not have access to all of those things, they will only have ingress and egress.  Chairman Nelson stated if the request is denied, then the issue is back to square one.  Mr. DiChristopher stated when he met with Chairman Nelson one year ago, it was his recommendation that he vacate the right-of-way.  Chairman Nelson stated Mr. DiChristopher is asking to take away somebody's right to the north of him; those property owners should have the same rights tomorrow that they have today after the vacating; and the only difference is it will be a right-of-way instead of an easement. Mr. DiChristopher stated no one can police the easement.

 

Bobby Cameron stated the reason why he and Mr. DiChristopher met with Chairman Nelson seeking guidance on what they should do with regard to the right-of-way was because Mr. DiChristopher's property runs parallel to the right-of-way; half of the right-of-way has been eroded away to the canal; and it has limited possibilities in its use.  He stated at that particular time, Chairman Nelson thought it was prudent to go ahead and vacate that right-of-way, and that is why the application was made; if the right-of-way is not vacated, then Mr. DiChristopher and his partners, and any subsequent individuals who want to gain access to that canal, will have to make applications for driveway permits to get dockage on the canal; and the idea was that the public determination that was made was that any improvements to the right-of-way were not in the public's best interest.  He stated if the right-of-way is not vacated and adhere to that determination, then the County is liable for any improvements in the right-of-way, which are going to be driveways and dockage; and he does not understand why Chairman Nelson would not want to vacate.  He stated right-of-ways can be used for drainage, electric, gas, and other uses that are customary and usual; and inquired why Mr. DiChristopher would open himself up with no recourse if someone wanted to put in a propane gas tank in his easement. 

 

Chairman Nelson stated it is a spinoff of an original approval where Mr. Cameron committed to provide access to those properties; it is not about docks, but about the access that was committed to for Mr. DiChristopher's ability to develop the lots.  Mr. Cameron stated the Board gave approval to have a certain number of building permits with use of an easement, and it is set in stone.  Chairman Nelson pointed out that it was condition upon Mr. DiChristopher providing easement to those properties to the north.  Mr. Cameron agreed, and stated now Mr. DiChristopher is trying to get access to the canal; either it is done by vacation, or it is done with driveway permits crossing the right-of-way to get to the canal.  Chairman Nelson stated they will have to disagree on the issue because the access to the north was to provide for the ability for someone to develop that property; what Mr. Cameron is asking the Board to do limits that, because he is stating what things can go in that easement; and the Board is saying that it never intended to take away somebody's rights.  He stated the Board is trying to make Mr. DiChristopher's property able to be developed, and also the properties to the north; and what Mr. Cameron is saying begins to limit that in a way that the Board did not limit Mr. DiChristopher. 

 

Chairman Nelson passed the gavel to Vice Chairman Anderson.

 

There being no further comments or objections, the Board adopted Resolution No. 11-278, vacating a portion of Pine Road Right-of-Way in Morningside Beach Subdivision, contingent upon execution of proposed easement amended to include language that provides all uses allowed in dedicated rights of way that shall be permitted in the easement area; and directed that the easement must be executed and submitted to staff within 20 days.

 

 

Mr. DiChristopher advised there is no compromise on the language in the easement that is in the Board's packages; and stated the County Attorney can look at that.  Mr. Denninghoff stated he does not believe that staff attached the language that would have satisfied the County Attorney's concerns; there were just a few words that were different; and staff can get the language to Mr. DiChristopher, but he will have to execute it.

 

MOVER:             Chuck Nelson, Chairman/Commissioner District 2

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider adoption of Comprehensive Plan Package 2011-2 Plan Amendments

 

There being no comments or objections, the Board adopted Ordinance Nos. 11-37, amending Article III, Chapter 62, of The Code of Ordinances of Brevard County; entitled "The Comprehensive Plan", setting forth Plan Amendment 2011-2.1; amending Section 62-501, entitled "Contents of the Plan"; specifically amending Section 62-501, Part XI, entitled Future Land use Element and the Future Land Use Map Series; providing for internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date; 11-38, amending Article III, Chapter 62, of The Code of Ordinances of Brevard County; entitled "The Comprehensive Plan", setting forth Plan Amendment 2011-2.2; amending Section 62-501, entitled "Contents of the Plan"; specifically amending Section 62-501, Part XIII, entitled Capital Improvements Element; providing for internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date; 11-39, amending Article III, Chapter 62, of The Code of Ordinances of Brevard County; entitled "The Comprehensive Plan", setting forth Plan Amendment 2011-2.3; amending Section 62-501, entitled "Contents of the Plan"; specifically amending Section 62-501, Part XI, entitled Future Land use Element and the Future Land Use Map Series; providing for internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date; 11-40, amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled "The Comprehensive Plan", setting forth Plan Amendment 2011-2.4; amending Section 62-501, entitled "Contents of the Plan"; specifically amending Section 62-501, Part IX, entitled Transportation Element; providing for internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date; 11-41, amending Article III, Chapter 62, of The Code of Ordinances of Brevard County; entitled "The Comprehensive Plan", setting forth Plan Amendment 2011-2.5; amending Section 62-501, entitled "Contents of the Plan"; specifically amending Section 62-501, Part XI, entitled Future Land use Element and the Future Land Use Map Series; providing for internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider rezoning The Devereux Foundation Property.

 

There being no comments or objections, the Board approved rezoning The Devereux Foundation Property, located at 8000 Devereux Drive, from AU (Agricultural Residential) to IN(H) Institutional (Heavy).

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Chairman Nelson called for the public hearing to consider a Conditional Use Permit for property located at 89 East Merritt Island Avenue, Merritt Island - Overlook Towers.

 

Lauralee Westine, Capital Telecom, stated she would like to ask that both the MIRA file and the Planning and Zoning file record be considered part of the Board record as well.

 

Motion by Commissioner Anderson, seconded by Commissioner Fisher, to add the MIRA and Planning and Zoning file records be considered part of the Board of County Commissioners record.  Motion carried and ordered unanimously.

 

 

Ms. Westine stated what is being proposed is a 170-foot monopole on Palmetto Avenue, Merritt Island, on a 15-acre parcel zoned BU-1; and the tower is designed to support six carriers, which is currently all of the carriers on the market.  She stated the tower would be surrounded by a 60' x 60' compound, which would be able to accommodate all of the carriers' equipment and will be surrounded by a board-on-board fence; and the area to the east is the only area where landscaping is not be proposed, which already has a very dense buffer.  She added in August 2011 Capital Telecom appeared before MIRA, who asked them to look at eight other alternative sites, which the company did and returned to MIRA in October 2011; also in August 2011 Capital Telecom hosted a community meeting in which it sent out 325 letters and 18 citizens attended, most of whom were Sun Isle Condominium residents; and stated she also received calls from citizens who thanked the company for acknowledging the need for coverage and service in that area.  She stated MIRA asked if Capital Telecom would consider camouflaging the tower as a tree, and would it consider clearing out the densely vegetated corner; the 18 citizens said they did not want a tree, and they do not want the vegetated area cleaned out.  She noted at the MIRA meeting in October there was no opposition; there were a few more emails sent by Sun Isle residents; the AT&T engineers were present to explain that either the eight sites did not meet AT&T's engineering needs, or they were too close or too far from an existing site; that the parcels suggested were zoned residential, which would not allow a tower to be built; and that they were wetlands, or had some kind of environmental overlay.  She noted also at the October meeting there was discussions about approving the site with conditions; one question was if the company would consider constructing an opaque fence to block the residential; there is currently a chain link fence and a building in the area that is not well landscaped; and one of the things the company talked about and agreed to was to replace the fencing so that it would be opaque, and also to do some landscaping around the building; but at the end of the day, the project was denied by MIRA.  She stated prior to the Planning and Zoning meeting, she spoke with Commissioner Nelson, who suggested the company look at the BJ's site; Capital Telecom representatives looked at the BJ's site, but ended up in the same position as they are in currently with asking for waivers.  She advised Brevard County's Code calls for a 700 percent residential separation, which is 7 times the tower height that it has to be from single-family residential, which is the largest separation that she knows of; another requirement is that the tower must be 200 feet from any property line; and Capital Telecom is asking for waivers from that.  (Ms. Westine referred to Exhibits in the Board's package.)  She stated Commissioner Nelson asked the carriers to look at the height of the tower; the carriers are asking for 170 feet, but they did go back and look at the height; the bare minimum that the carriers can agree to is 150 feet, but she cautions the Board that at 150 feet, co-locators may be lost; and stated the goal is to serve Merritt Island with one tower.  She noted one of the MIRA board members mentioned that she was familiar with the area and left AT&T coverage to go to Verizon because of the need for coverage within the area; and stated another concern of the MIRA board was property values, but the chairman of the board, who was a realtor, felt having wireless service in a potential location would be a positive thing and not impact value.  She referred to Exhibit 'G', which is a Google Earth photo with four red pinpoints, and stated the pinpoints surround Merritt Island; stated the photo also shows all 15 alternatives that were looked at; and noted the company looked at everything that was sent to it with a reasonable perspective.  She stated with the BJ's site, waivers would still be needed for the 700 percent, it could not meet the 200-foot requirement from all property lines, and it was still adjacent to single-family residential; the tower would have taken up 12 parking spaces; and stated the engineers said the site was too far south.  She stated Alternate 2, in addition to being too far southeast, had a property owner who said he was not interested in leasing the property; Alternate 14 is too far north; Alternate 15 is a retention area and a considerable wetland; and the engineers said it was too close to the other site, which is too far southeast. She introduced Adam Hoyles, who is the environmental consultant for the project.

 

Adam Hoyles, Onsite Environmental Consulting, Vice President of Operations, stated his degree is in Wildlife Ecology from the University of Florida.  He stated he reviewed Alternate 15, which is not suitable for the intended use of a tower; stated he reviewed the St. Johns Water Management District standards, which has a requirement that prior to it allowing any type of mitigation, it requires proof that there are no other alternatives on upland on which any other type of development can be built; and stated he has been told there are other properties where there are uplands on which a tower can be developed.  He advised he reviewed the U.S. Army Corps of Engineers' regulations, which also require proof that alternative upland locations cannot be utilized prior to mitigation; noted the property is also hydrologically connected to the Banana River aquatic preserve, as well as to Sykes Creek; and explained that with those two hydrological connections will draw additional scrutiny with SJRWMD and the public.  He noted the property is in the AE flood zone; and stated in his experience, it is not likely to get a tower permitted on the site from either the Army Corps of Engineers or SJRWMD.  

 

Commissioner Nelson inquired if Mr. Hoyles was able to find a permit for the original placement of the retention area.  Mr. Hoyles replied no, the site was excavated prior to 1983.  Commissioner Nelson inquired if the vegetation was primarily Brazilian Pepper; with Mr. Hoyles responding affirmatively.  Commissioner Nelson inquired when the two permitting agencies talk about other options, what constitutes other options; and stated in other words, he would assume it would go beyond environmental.  Mr. Hoyles responded the Army Corps of Engineers is looking for the primary purpose and objective of the project; and stated if the primary purpose and objective of the project is not water dependent, they presume that it is possible to find a non-wetland option. Commissioner Nelson inquired if Mr. Hoyles looked for any non-wetland options. Mr. Hoyles replied he was told that they do exist, and if he were to seek a permit from the Army Corps of Engineers, he would have to reveal those sites, and the agency would quickly conclude that there are other upland sites that are available and they would refuse to issue a dredging field permit on the property. Commissioner Nelson inquired when Mr. Hoyles talks about other upland sites, what would the basis for denial be. Mr. Hoyles replied the denial would be based on the fact that a cell phone tower does not have to be put into a swamp; the agency's presumption is that it could be moved to another location that is entirely upland and not impact an aquatic resource.  Commissioner Nelson inquired if Mr. Hoyles determined the site is a functioning wetland.  Mr. Hoyles replied he did a functional assessment of the wetland and it does function. Commissioner Nelson inquired if Mr. Hoyles did not find an original permit for it; with Mr. Hoyles responding no, it was a cleared sandlot in 1980, and there was an excavated pond on it in 1983.  Commissioner Nelson inquired if Mr. Hoyles knows what the nature of the property was before that time.  Mr. Hoyles responded it had several roads going through it in 1958; and stated by 1980 it was a filled lot. 

 

Morris Richardson, Assistant County Attorney, inquired if the presumption Mr. Hoyles referenced is because the site is water dependent and that there are automatically upland sites available; and inquired if that is a rebuttable presumption if evidence is presented to the Corps or SJRWMD that there are no upland areas that meet relevant development criteria, such as setbacks.  Mr. Hoyles replied the agencies' concern is not really with local setbacks and zoning; their primary concern is with conserving wetland resources; and stated it would be very difficult to rebut. Mr. Richardson inquired if it is, in fact, a rebuttable presumption upon a sufficient showing; with Mr. Hoyles responding, no.  Mr. Richardson inquired if it is no longer a presumption, but a conclusion.  Mr. Hoyles responded it would be his conclusion.

 

Commissioner Nelson inquired if the Army Corps of Engineers concerns itself with the cost of the upland site, or only the environmental aspect of the upland site.  Mr. Hoyles responded cost is a factor, along with overall purpose of the project. Chairman Nelson inquired if the agency has criteria for that, which says at what point cost over-weighs environment.  Mr. Hoyles replied the words the agencies use is 'reasonable', and that is in the eye of whomever the applicant is.

 

Jim Graf, AT&T Mobility Radio Frequency Engineer, stated he is familiar with AT&T's need for a site in the subject area.  He advised the BJ's site is not sufficient to meet AT&T's engineering need, as it is too far south and east; and stated if AT&T's has a tower too far south and east it would eventually have to request more towers at other sites for capacity.  He stated upon review of the retention site, it was too far east.  He noted he also reviewed the PSAP numbers for Brevard County Sheriff's Office and Cocoa Police Department, and explained PSAP is the access point for public safety, which is where the 9-1-1 calls are answered; in 2011, to date, there have been 15,000 9-1-1 calls to the Sheriff's Office, and Cocoa Police Department has received approximately 4,000 9-1-1 calls to date; and noted there are several other PSAP's in Brevard, but he only reviewed the two mentioned law enforcement agencies because they are closest to the subject site.

 

Chairman Nelson stated the Board has been presented with Exhibit J1, which depicts signal strength and highlights the area of focus; and inquired if the area of focus is the current signal strengths.  Mr. Graff responded, yes.  Chairman Nelson stated based on the area of focus, it seems that the area that the tower is located in is in the southeastern section; and inquired why the area of focus would go south if there is already good coverage.  He stated by going south, additional coverage would be picked up by the airport.  Mr. Graf stated when the engineers do the search rings, they also look at Google Maps for potential places to put a tower; in that area, he saw large lots at public facilities, such as the high school; and stated he assumes there are agreements with other school boards to put towers at schools, and he placed the dot there hoping to make the site acquisition process easier, so they didn't have to request the CUP; but that did not happen, and the best candidate that was submitted was a viable candidate and the one trying to be approved.

 

Ms. Westine clarified that the circle is not the search area; the area that is called the area of focus is just a delineation showing that the yellow is unreliable coverage. Chairman Nelson stated Mr. Graf just said that Merritt Island High School would have been acceptable.  Mr. Graf explained when the engineers design the sites, they try to look at the impact a tower will have on communities; the location he was given was prime; and he did not think it would be a viable area, but it is.  He noted there are 15 candidates in better areas that he chose; and stated he is not a site acquisition person, but he tries to do his best to fill the needs.  Chairman Nelson inquired in looking at the yellow area, which is a required signal level as opposed to the red area, would not an area further south work better than one that is as far north as the other one; and inquired why not choose a site south of S.R. 520.  Mr. Graf replied there are sites in planning for south of S.R. 520.

 

Ms. Westine stated Telecom looks for search areas; the site being proposed today is one particular search area; and the site to the south is a completely different search area.  She explained that placing a site to the south would not alleviate the need for coverage within the search area.   Chairman Nelson the circle on the map represents, to him, the area that is being looked at.  Ms. Westine stated that circle is not the search area. 

 

Chairman Nelson stated the area south of S.R. 520 was discounted, and there are probably more sites there than were actually looked at, but it is hard for him to imagine that south of S.R. 520 does not accomplish what Mr. Graf and Ms. Westine is talking about north of S.R. 520; and inquired what the range is of a tower.  Mr. Graf replied range is no longer dealt with because of technology; carriers look at how many customers can be served; and it is more of placement for capacity and coverage; but if only considering range, it would be three and a half miles on 800 Mhz to have good on-street coverage, with lousy indoor coverage.  Chairman Nelson inquired what is the target range; with Mr. Graf responding it depends on the clutter, such as the proximity of water.  Chairman Nelson inquired what is the range for indoor that would be characterized as good service; with Mr. Graf responding under two miles.  Mr. Graf stated there are no other carriers in the market that operate on 800 Mhz; and added, the higher the frequency, the shorter the distance needs to be between towers.

 

Commissioner Fisher asked for clarification on an exhibit.  Mr. Graf explained the red on the map represents good in-building coverage, and the yellow does not represent good in-building.  Mr. Graf stated there is coverage, but the current coverage does not meet the capacity needs for customers inside their houses.  Ms. Westine stated another map shows a three-mile radius to show that there are no towers in the area; and noted one thing the Code requires is the determination of whether or not there is already a tower in the area to add to. Commissioner Fisher inquired if someone could have a signal if he or she was on the edge of the blue line depicted on the map; with Mr. Graf responding affirmatively.  Ms. Westine stated the Board should keep in mind that there are two existing sites at the edge of the blue line.  Commissioner Fisher inquired if the engineers tried to work on the west side of the river; with Mr. Graf responding affirmatively, but the area highlighted by Commissioner Fisher is an existing site in Rockledge.

 

Ms. Westine advised there are three Code sections that she needs to meet in order to comply with land use regulation; Section 62-1482(3) allows towers as a conditional use in BU-1; other conditional use criteria are listed in Section 62-1901(c)(1), which is where the County considers if the tower will impact adjacent properties; and stated the proposed site would be un-manned, there would be no noise, odor, or particulates, it will not increase traffic, and the towner would be compatible with the character of the area.  She noted the proposed tower has been designed with a 70-foot collapsible hinge, which will allow the tower to bend in the event of a hurricane, and it well within the parent tract and will not impact roadways.  She stated she added to the record three property appraisal studies that she put into the record, in addition to Exhibit E1 and E2; there is proper ingress and egress; potable water levels would not be impacted; and the site is being screened as proposed in the Land Development Code, but Capital Telecom is asking to not have to take down the substantial buffer that is already present.  She stated  Brevard County's setback requirements are pretty staunch; Florida Statute 365.172 says that setbacks or separation distances that exceed the minimum necessary to satisfy structural safety concerns and aesthetic concerns are not proper; and noted the last three towers approved by the Board had waivers because the setback and separation requirements are as substantial as they are.  She pointed out that the Telecommunication Act states that a jurisdiction can effectively prohibit wireless service in an area.  She stated there is an area on Merritt Island that has no coverage; of the 15 other sites that were looked at, none of them could meet the setback requirements; and stated there comes a point where carriers become banned from providing service.  She noted the objections that have been received have been from the Sun Isle residents; as of yesterday, there were no objections from the single-family residents within the 850 feet; and stated the Land Development Code allows the Board to grant the waivers.  She pointed out that Capital Telecom has agreed to a compressed head-frame of seven feet, which cuts the width of the tower in half; and safety concerns have been addressed by providing the 70-foot collapsible hinge.

 

Commissioner Fisher stated when he talked to staff yesterday, it sounded like there was still some outstanding technical information to determine the site; and inquired if that has been presented today, or if there is still outstanding information.  Cindy Fox, Planning and Development, stated prior to the last Board meeting, staff had 12 additional sites it asked the company to look at, and they actually looked at more than 12, and they have presented those additional sites today.  Mel Scott, Assistant County Manager, stated what the Board has seen today is the additional research that staff is also seeing for the first time; and it is a matter of preference as to whether the Board would like staff to have the opportunity to analyze it.  Ms. Westine stated she has no objection to tabling the request and providing staff with the most recent four sites.

 

Commissioner Anderson requested clarification on an exhibit and the yellow areas, and inquired if those areas are definite, or if it is reasonable to expect that there is not indoor service.  Ms. Westine replied the yellow on the map represents unreliable indoor coverage.  Commissioner Anderson commented on the importance the Board places on economic development, and it should find a way to accommodate the tower from a business standpoint; and stated the other aspect is public safety, because he would feel horrible if someone was unable to access 9-1-1 because adequate coverage was not provided.

 

Chairman Nelson stated it was mentioned that the last three sites that have been approved had waivers, which may be true, but they were approved; and the Board looks at the issues of compatibility.  He noted he saw a rejection of a site that appeared to be a money issue, as in what was the land owner going to receive as a result of the tower placement; stated there was an email from the company explaining their standard contract and what could be expected; and he believes that in an urban setting every site is going to be different.  He stated the three previously approved sites have been large rural sites; the proposed site is in downtown Merritt Island; and inquired if Capital Telecom has rejected sites based on what it is willing to pay.  Ms. Westine stated in reference to the land owner who did not want to sell, it was a matter that there probably was not enough that the company could pay; and she understood the land owner to say he had a multi-million dollar piece of property and the companies rental amount each month would not be enough, along with the fact that there is a 30-year lease for the tower.

 

Chairman Nelson stated he appreciates the fact that Capital Telecom looked at other sites; although the subject site is BU-1, it is the final point of BU-1 that sticks into the residential; the Board's issue is one of compatibility, as in if the use in that location is compatible; there is a school and residential across the street to the north; to the south is condominiums, as well as residential; and only the western boundary is commercial. He stated he is not convinced that all of the sites have been exhausted at this point; the proposed setting is too residential in nature and is not compatible with the character of the boundary that has been established; and stated he believes there are some possibilities south of S.R. 520 that would cover the area of concern.  He reiterated that it is his belief that the proposed site is compatible with the neighborhood, as the corridor is more residential in nature than commercial.  He stated he would like to continue to attempt to find sites in a different fashion than having the company contacted by realtors; stated he wants the service; and he would like an opportunity to find the best location.

 

Commissioner Anderson requested clarification on the U.S. Code that Ms. Westine mentioned.  Chairman Nelson noted the Board is not denying service, it is an improvement of service.  Ms. Westine advised the United States Code is 47USC-332.  Mr. Richardson stated if the request is going to be continued, he would like for the applicant to go on record saying they are agreeing for the purposes of a continuance of the waiver of the timeframes and the applicable State and federal statutes.  Ms. Westine agreed, and stated in an effort to allow staff to have additional four sites, she does not have any objection to that.

 

Commissioner Nelson inquired if he is able to have conversations with Capital Telecom and not jeopardize the process.  Mr. Richardson replied Chairman Nelson can have conversations, but he must disclose them on the record at the subsequent meeting, as it is a quasi-judicial proceeding.

 

Commissioner Infantini mentioned the lack of coverage in South Brevard County, and there is a lot of support for towers in the South Beaches.

 

The Board continued the consideration of a Conditional Use Permit for a Tower & Antenna on property located at 89 East Merritt Island Avenue, Merritt Island (Overlook Towers), to the January 24, 2012, Board meeting.

 

MOVER:             Andy Anderson, Vice Chairman / Commissioner District 5

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

The Board selected Kathy Wall (North Area), and Kelly Collins (South Area), to serve on the Selection Committee for the Solid Waste Collection Contracts Request for Proposals (RFP).

 

 

 

Mel Scott, Assistant County Manager, advised staff is seeking Board direction on potential Code changes to Section 62-2117 that addresses the parking and storage requirements for commercial vehicles.  He explained the request was prompted by a citizen request; the citizen had pointed out to the Board that the current regulatory structure for parking commercial vehicles in one's driveway is such that a step van is permitted and a box truck is not; the citizen, at the time, made the case that in his opinion the aesthetic qualities of both were not that pointed, and had requested that at a future date the Board consider allowing box trucks to be included in those permitted types of commercial vehicles that could parked at a residence in addition to the existing step van allowance.

 

Robin Sobrino, Planning and Development Director, pointed out that the corrected version of the staff report was provided to the Commissioners at the dais this morning; and the staff change was that under the citizen issue there was a strikethrough on a reference to the storage requirements for step vans that referred to tow trucks.

 

Bruce Moquin stated after two years of fighting with Code Enforcement, he bought a step van; he did not want, or need, a step van in any way, shape, or manner, but it was compliant whereas the smaller truck was not compliant.  He stated he had a meeting with Commissioner Fisher, the County Attorney's Office, and Code Enforcement; and at that meeting he explained that the Board is telling him that because he lives in a residential neighborhood he has to keep the big truck and get rid of the little truck, which he thinks defies common sense.  He noted at the Special Magistrate hearing he demonstrated that there is no limitation on the number of step vans, allowing somebody to have four or five step vans, but he cannot have even one of the smaller trucks; stated in his opinion, the way the Code is written, it affords more and better rights to some residents than to him; and stated its unconstitutional, as he should have the same rights with his smaller trucks as people with a step van have with a larger truck.  He noted it is his understanding that Assistant County Attorney Becky Behl-Hill is in favor of him keeping the truck; and he also believes Commissioner Fisher is in favor of him keeping the smaller truck. 

 

Commissioner Fisher inquired if his truck is coded as a single-axle box truck.  Mr. Moquin replied it is registered and titled as an F-350 pickup truck.  Commissioner Fisher stated if Mr. Moquin had a single-axle truck he would not have to go to the larger, U-Haul type of truck; and stated he thought limiting it by weight or axle would be fair and equal to the step van.

 

Commissioner Anderson stated he does not disagree with finding some way to identify them other than just by category; and noted there are F-450's that are just residential passenger trucks, or dual axle.

 

Chairman Nelson stated the current Code was passed under the previous Commission, and it has been a nightmare ever since; his perspective is that panel trucks never should have been allowed; and stated if the Board is going to take on the issue, he will work with his community to try to get it overturned, because he thinks it was a bad idea; and stated businesses should stay in business areas and residential should be for the enjoyment of families.

 

Mr. Moquin pointed out that there are recreational vehicles that are over 30 and 35 feet, as well as buses that are bigger, that are allowed in residential and are more obtrusive than a step van.  Commissioner Nelson stated he does not disagree, but that was a bad idea, too, because in some cases there are travel trailers set up in yards and landscaped.

 

Commissioner Anderson inquired if Mr. Moquin has a registered business and the vehicle is for his own personal transportation, would the Board have jurisdiction as long as it is a street legal personal vehicle.  Mr. Scott stated it is not an issue of what people can and cannot own, but an issue of what can and cannot be parked in a driveway.  Commissioner Anderson stated he thinks that is unfair because there are collectors that are not business people.  Commissioner Nelson noted the Board has the ability to determine what would be appropriate for, and compatible with, neighborhoods.

 

Commissioner Anderson inquired how it could be determined, as it is very subjective; some people do not like Harley Davidson's, but he does not like 30-foot RV's in his neighbor's driveway.  He stated he does not have a problem discussing the issue, but he wants it to be fair; and he would like to have a workshop on the subject.  He noted the other issue is if someone has a business out of their home with business tax receipts; and he does not want do decide what people can and cannot drive as personal vehicles; but it is fine with him if the Board wants to revisit commercial vehicles.

 

Commissioner Infantini stated she also has a problem with it if someone is using a personal vehicle for his or her business; stated a lot of people live in unincorporated Brevard because it does not have the rules and restrictions that there are in deed restricted communities and within city limits; and inquired if the Board can grant Mr. Moquin a waiver so he stops running into Code Enforcement issues.

 

Commissioner Fisher stated he was not part of the Commission that set the step van requirements, but when looking at the step van issue and then the box truck issue, it does not make sense; and inquired how one can be allowed but not the other.  He inquired if the Board could limit it to the size of the box truck allowing for a compromise until if the Board ever wanted to address the issue again, but keep Code Enforcement from finding Mr. Moquin in violation.  Chairman Nelson stated the difficulty is that would include plumbing trucks, painting trucks, and all sorts of different types of commercial vehicles that will be parked in neighborhoods.  He stated plumbing companies allow their employees to take the trucks home; the Board is not going to be able to choose between which one's do and do not come home; and the Board needs to decide if it is appropriate for the neighborhoods.  Mr. Moquin stated if a truck in parked in a residential driveway and has the logos of FedEx or UPS, they are permitted to park there.   Commissioner Fisher inquired if that was true; with Chairman Nelson responding, yes, and it is a bad idea, but it is in the Code.   Commissioner Fisher inquired if the letters UPS were on a box truck, it would be allowed in a driveway, even though it is smaller; with Chairman Nelson responding affirmatively.  Commissioner Fisher stated he is not saying either is right, but he sees the unfairness of it.

 

Chairman Nelson stated the Board put rules on the RV's that they cannot be parked on a property line; RV's were being parked on property lines and shading the neighbors; and the Board put limitations on that.  He noted that just because unincorporated is unincorporated, it does not mean there are not rules; prior to the previous Commission's  decision, unincorporated areas had rules in place that were similar to cities; but unfortunately, the previous Commission at the time thought it was a good idea to do this to the community.

 

Commissioner Anderson inquired if there are lot size requirements; with Chairman Nelson responding, no.  Commissioner Fisher stated he would like to keep Code Enforcement off of Mr. Moquin for now.  Chairman Nelson stated the Board has done that.

 

Commissioner Infantini stated she does not know what the difference is between a personal vehicle and a personal vehicle that is used with a business out of the home; and she thinks the Board should allow it.  Chairman Nelson stated the issue impacts his and Commissioner Fisher's districts the most; and his neighbors already do not like what is allowed, and if it is expanded they are going to like it even less.

 

Commissioner Fisher inquired if the Board can suspend Code Enforcement against Mr. Moquin.  Mr. Scott replied Code Enforcement proceedings have been suspended for Mr. Moquin.

 

Chairman Nelson suggested the Board hold a workshop.  He informed Mr. Moquin that Code Enforcement will not go after him; that Board will workshop the issue and give the public a chance to comment.

 

The Board tabled consideration for Code changes for Section 62-2117 for Parking and Storage Requirements for Commercial Vehicles to a future Workshop date.

 

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Robin Sobrino, Planning and Development Director, advised in 2010 staff updated the Towers section of the Zoning Regulations to bring it into alignment with the FCC requirements; at that time, staff did what it considered to be some housekeeping with a section of Code that addressed towers that did not require conditional use permits; and staff thought it would make it easier for the reader to go for one-stop shopping and look in one section of the Code for all tower regulations, by melding the two sections together.  She noted apparently, there was an inadvertent consequence from doing so, because as a result, there was a provision in the Code that would be construed as possibly allowing a tower that did not require a conditional use permit, once it was established, to come back in and simply apply for a building permit to build a tower up to 200 feet in height.  She stated staff seeking direction from the Board as to whether that was the intent; staff did not believe it was the intent of the Board, nor staff, to have that happen, and to give staff direction to make that correction.

 

Christopher Coleman, stated he represents Site Concepts, Inc., who was an applicant on a building permit under the Subsection IV of the Code Section 62-1953(c); as written, the section provided that existing towers may be reconstructed or removed and rebuilt up to the 200-foot limit if needed for the antennas for the carriers that were on it; and Site Concepts moved forward with that on two separate locations and were told by staff at that time, that they did not interpret the Code that way.  He stated unfortunately, for his clients, the unintended consequences are that they have invested a significant amount of money and had carriers on existing towers that needed to go up to the 200 feet, and were stopped and told by staff they could not do that, and that staff would correct the Code to address the issue.  He noted one of the towers in question is on Merritt Island; and it is interesting that the other tower company was in front of the Board earlier talking about the need for coverage on Merritt Island.  He stated his clients' position is that they were going to be going under a building permit under the Code with no need for a conditional use permit (CUP), and now they are being stopped and there is another applicant going in under a conditional use permit rather than going by the Code as it is written.  He stated while he understands staffs concern about addressing the issue, what his clients are faced with now is three applications in for towers, two of which are already constructed, and being told they cannot do anything while the County corrects a Code that his clients relied on as being what it says.  He advised his clients would like direction from the Board as to what they should do with regards the applications; noted he met with Planning and Development staff and the County Attorney's Office and was told they appreciated the discrepancy being pointed out and that it would be fixed.

 

Chairman Nelson inquired if the tower being referred to on Merritt Island is the one behind Island Breakers; with Mr. Coleman responding affirmatively.  Chairman Nelson inquired what carriers are on that tower.  Mr. Coleman replied current carrier on that tower is Florida High Speed Internet, which is a microwave internet carrier.  Chairman Nelson inquired if the tower needs to be 200 feet.  Mr. Coleman replied it needs to be 180 feet; the reason for that height is because the carrier delivers by line of sight; and it operates on frequency and not the 800 Mhz that cell carriers use.  Chairman Nelson stated his understanding is that the line of sight that is currently there is for receiving the signal, not for transmitting a signal.  Mr. Coleman stated that is incorrect, as it is a two-way signal.  Chairman Nelson inquired how tall the current tower is; with Mr. Coleman responding 34 feet.  Chairman Nelson stated if Mr. Coleman thinks the Board would have approved a process that would give permission to build 34 feet, and then make it okay to go to 200 feet without a public hearing and taking public comment, he would be mistaken.  Mr. Coleman stated the difficulty he has with that is that there is no evidence of that in the Code, comments, or how it was drafted in 2010, that it was not the intent.  Chairman Nelson advised in briefings with County staff, there was never an indication that that was going to be the case; and his vote was based on the fact that the public would always have the ability to discuss anything above 34 feet requiring a CUP. 

 

Commissioner Infantini stated she recalls the Code change in 2010 and believes the intent was that if someone already erected a 35-foot tower, that they would not have to come back before the Board to ask permission to change it out; and it was her intent when she cast her vote was that applicants would not have to come back before the Board.  She stated she would not want to change something retroactively if there are applications in process.

 

Morris Richardson, Assistant County Attorney, advised Commissioner Infantini's example assumes that staff would have approved a tower and then after it was up, it needed to be modified, and they would not have to come back in front of the Board; but in this case, the towers have never come before the Board because they met a different exception that they were below a height limit; and all they ever needed was a building permit review.  He stated Mr. Coleman is looking at the language in the Code with an eye to detail in one provision, but ignoring the overall scheme of the Code and intentionally saying they are going to construct a 34-foot tower knowing that all that is going to be required is a building permit review; but if they were to go one foot higher they would have to get a conditional use permit, and then the next day they would apply to take the 34-foot tower down and put up a 180-foot tower, when they know that if they had started out building a 180-foot tower in the first place they clearly would have needed a conditional use permit.  He stated it is clearly an attempt to circumvent the rules that exist; he does not think that anybody acted in any reasonable reliance on a misunderstanding, but rather it was an obvious attempt to take advantage of what is perceived as an apparent loophole.  He pointed out that he does not think the Code is wrong; if one reads all of Section 62-1953, it is clear that there are certain antennae and towers that do not require a CUP, but there are certain ones that do; if someone takes one provision out of 62-1953(c) out of context and reads it with a certain desired result, he or she can force a conclusion, or try to create an appearance of a conclusion that a tower can go from 34 feet to 200 feet without ever getting a CUP and never appearing before the Board; but the overall intent of the Code, especially 62-1953(i) is clear that all towers except those in a GML zoning classification, any tower that is either in excess of 200 feet, or any other tower not permitted without a CUP, shall require a CUP.  He reiterated that the tower in question has never been in front of the Board even once; and it would be a first time review to go to 180 feet. 

 

Mr. Coleman stated Mr. Richardson said there was intent to overlook, but the Code also provides that there has to be other requirements in order to go from 35 feet to 200 feet; and also in the Code was a restriction related to 200 feet.  He stated there is a lot of talk about intent, but none of that was manifested in the actual words that were in the Code; he interpreted the Code's intent as keeping 200-foot towers as being a certain criteria and a certain condition; however, as long as there is a tower there, it could go up to the 200 feet if some other requirements were met. 

 

Commissioner Infantini stated she understands the intent, and Mr. Coleman may very well be circumventing the intent, but the letter of law specifically says something; and when following the letter of the law there are a lot of unintended consequences, which is why she agrees with Mr. Coleman.

 

Commissioner Fisher inquired if he would have setback requirements if he had a 34-foot HAM radio tower on his property and then decided to make it a 180-foot tower, knowing that during a storm it could fall on his neighbors' homes.  Cindy Fox, Planning and Development, replied, yes there would be setback requirements.  Commissioner Fisher stated he does not think the intention of the Board was to allow someone to take a 34-foot tower and replace it with a 180-foot tower without any kind rules or requirements, and also without regard to the safety of the public.  He stated he agrees that the Code could have been clearer.  Mr. Coleman stated there is still the site plan and building permit process that will address the safety issue. 

 

Mr. Richardson stated there are setbacks in the Ordinance that would apply, but those were contemplating a small increase in size to possibly allow an additional tower by co-locating.  He stated it seems the assumption is that the Code is wrong, but when reading the whole Code, which is what the law directs to do, it says what it means, even though it can always be more clear, and there can always be lawyers who disagree.  He noted staff wanted to ask the Board for clarification of intent, he is the one who wanted to ask to amend the Code so that the same argument cannot be made in the future; and it is not a case where the applicant was told they can do something that they cannot do, and now staff is trying to close the loophole, but it is an issue of someone making an argument based on a perceived loophole.  He stated he does not think it was anyone's intention to allow a 10-foot tower on a postage stamp lot, and then overnight it can go to 180 feet with only a building permit review.

 

Commissioner Bolin stated it is her intent that the ruling should be that if a tower is 35 feet, that it could be considered to go higher, but not it was not her intent to allow it to automatically go to 180 feet to 200 feet without any supervision. 

 

Lee Chapman, Site Concepts, Inc., stated the Code absolutely says a tower can go from  50 feet to 200 feet; there is an existing 100-foot tower that does not have a CUP, and that tower can go to 200 feet without going back to the Board. 

 

Commissioner Fisher inquired if there are any 180-foot towers that do not have a CUP.  Ms. Sobrino responded she does not believe so, but if there are any, they predate the Ordinance and would be nonconforming. 

 

Commissioner Anderson stated intent is subjective; a lot of times the Board only looks at sections of the Code; this is a situation in which a private business owner found a loophole because the Board made a mistake; and he does not want to give the Board the benefit of a doubt that he would not give a property owner.  He stated his opinion is that the intent was to streamline so that not everything is constantly coming before the Board.

 

Mr. Richardson stated streamlining was half of it; on one half there was a provision for towers that did require a CUP, and there was a separate Code section that was combined; the other half, which is the one that specifically relates to the section in question with regards to making it easy for co-location, was at the direction of State and federal law; and the intent of the State was, "An existing tower, including a nonconforming tower may be structurally modified in order to permit co-location, or may be replaced through no more than administrative review and building permit review, if the overall height of the tower is not increased, and if the replacement tower is of like aesthetic quality"; and stated that is what staff was trying to comply with, to encourage co-location.  He noted the height requirement was still in place under the State; the Code did not get it wrong as it was enacted, but an attorney can take an isolated section of the Code and read it the way he or she wants to.

 

Chairman Nelson stated he cannot imagine that the Board would take away public comment from the process.

 

Motion by Commissioner Infantini, seconded by Commissioner Anderson, to keep the current Ordinance in place.  Motion failed.

 

The Board granted staff permission to advertise a Code amendment to Section 62-1953(c)(4) of the Zoning Regulations, Reconstruction, Removing, and Rebuilding Existing Telecommunications Towers, to clarify the intended distinction between regulations pertaining to CUP approved towers and those not requiring a CUP. 

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Mary Bolin, Commissioner District 4

AYES:                 Robin Fisher, Chuck Nelson, Mary Bolin

NAYS:                 Trudie Infantini, Andy Anderson

 

 

 

Chairman Nelson stated he is not in favor of the request because there are three smoke shops on Merritt Island; all of them comply and are following all of the rules; and the Board is being asked to give their competitor an advantage in a start up business by waiving the paving requirements.  He noted the business owners researched properties of which they would not have to pave.

 

Chris McFall, business owner, stated he also has a location on West New Haven Avenue in Melbourne; the name of the business is Cigarette Depot; he was not trying to circumvent anything, but it was a matter of him not being aware of the rules; and it was not his intent to circumvent anything.  Commissioner Nelson stated Mr. McFall is asking the Board to give his business preference over others who are doing similar things, but are in sites that they may be paying more for rent; and the Board is being asked to not follow its Code for a period of time, in effect giving Mr. McFall preference over the other businesses that are doing the right thing.  Mr. McFall stated he applied for all of the permits that he was supposed to apply for; he has already hired people and lost three people, as well as almost losing a manager; and he has over $100,000 invested in equipment and inventory.  He requested time to get the parking lot paved; he will work out the time frame with the property owner, and he will get it taken care of; and stated there are other businesses nearby that have gravel parking lots.  He reiterated that he is only asking for time in order to get the parking lot finished; the building was an eyesore to the community; and he has improved the building on the outside. 

 

Commissioner Infantini inquired if she understood correctly that Mr. McFall is going to be hiring employees.  Mr. McFall replied yes, employees are already hired, but during inspection it was discovered it is a Change of Use, and that is when the parking lot issue was noticed; but he had already hired people, some of whom have quit their other jobs to work for him.  Commissioner Infantini stated the Board is thrilled to have people come to the County from out of state to open businesses; Mr. McFall is creating 10 jobs, and only asking for a waiver of when to put in a parking lot; and noted Mr. McFall is not asking for a tax abatement.  She stated she thinks it is a good idea to help a small business.

 

Commissioner Fisher inquired if Mr. McFall signed a lease on the building; with Mr. McFall responding affirmatively.  Commissioner Fisher inquired what the terms are of the lease.  Mr. McFall replied it is a one-year lease.  Commissioner Fisher inquired if there is a reason why he only signed a one-year lease.  Mr. McFall replied it is what the owner wanted to start with.  Commissioner Fisher inquired where Mr. McFall's investment is.  Mr. McFall replied it is in equipment and inventory.  Commissioner Fisher inquired of Chairman Nelson if there is a time frame for the parking lot that would be reasonable to him, such as 90 days.  Chairman Nelson stated Commissioner Infantini mentioned jobs, but if Mr. McFall's business puts another business out of business, then jobs are lost; and inquired how there cannot be a level playing field.  He stated paving the parking lot should have been part of the business plan. 

 

Commissioner Anderson stated he does not want to put people out of business; stated Mr. McFall is asking for 90 days, which is not unreasonable; and he does not believe the other businesses will suffer.  Chairman Nelson stated there are three other businesses on Merritt Island that followed the rules.  He inquired what will happen in 90 days that Mr. McFall will finally be able to pave the parking lot.  Mr. McFall replied the businesses needs to be open to generate revenue.  Chairman Nelson inquired what will happen if Mr. McFall does not make enough money to pave the parking lot.  Mr. McFall replied the paving will get done. 

 

Commissioner Fisher inquired if Mr. McFall realizes how much it will cost to pave the parking lot; with Mr. McFall responding affirmatively, and he has some quotes.  Commissioner Fisher stated he would like to stipulate the Mr. McFall pave the parking lot within 90 days, and if he does not, he will be in a Code violation, which will have a penalty.  Mr. McFall stated he is comfortable with that stipulation.

 

The Board granted the applicant, Christopher McFall, 90 days to pave the parking area at 440 West Merritt Island Causeway, to comply with Code Section 62-3206(d), Required Parking Area, of the Land Development Regulations.

 

 

Commissioner Bolin stated she drove by the location and noticed what has been done with the parking lot so far has been a big improvement; and she thinks the parking lot can be paved within 90 days.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Robin Fisher, Trudie Infantini, Mary Bolin, Andy Anderson

NAYS:                 Chuck Nelson

 

 

 

The Board authorized the County Attorney to file the appropriate petition to intervene in the administrative proceeding (Case No. 11-0995, etc)  with the Division of Administrative Hearings to preserve the credit of $348,757.42, which the Department of Juvenile Justice (DJJ) determined Brevard County is entitled to for the overpayment of its share of juvenile detention costs.

 

MOVER:             Mary Bolin, Commissioner District 4

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Lisa Rice, Brevard Workforce (BW) Development President, advised there is a move at the legislative level in Florida to take away the Board's local control with regard to its workforce board, and yet leave the Board with the liability.  She stated some of the proposals include minimizing the number of board members, which would take away business seats in Brevard County, making the Chair and Executive Director be appointed by the governor; and if anything goes wrong, the dis-allowed cost comes back to the Board of County Commissioners. 

 

Vic Brungart stated he likes transparency and accountability in anything; and stated transparency and accountability need to apply to Brevard Workforce.

 

Commissioner Anderson stated he always has a problem when the State steps in and tries to take local control; the State tried to do the same thing with political parties; and it is laughable that transparency and accountability is being talked about at the State level.  He stated he agrees with a lot of things that the governor has done, but this is a mistake that creates more bureaucracy and violates the things he believes in, such as limited government.

 

Commissioner Bolin stated she agrees with Commissioner Anderson; and Brevard Workforce needs to be kept local.

 

The Board adopted Resolution No. 11-279, supporting "Regional Workforce Board Local Control and Alternative Proposals for Transparency and Accountability"; and directed the County Manager to forward a copy of the Resolution to Governor Rick Scott, State Senate President Mike Haridopolos, Representative Dean Cannon, Speaker of the House, Brevard County Legislative Delegation, Regional Workforce Board Chairpersons, Florida Association of Counties, Florida Workforce Development Association, and the Chairman and Executive Director of Workforce Florida, Inc.

 

MOVER:             Robin Fisher, Commissioner District 1

SECONDER:     Andy Anderson, Vice Chairman / Commissioner District 5

AYES:                 Fisher, Nelson, Infantini, Bolin, Anderson

 

 

 

Howard Tipton, County Manager, announced phase one of the new County website; the website is a new design and a new approach; the idea is to make the website user-driven with a more service oriented experience for the citizen, rather than the traditional department driven model; and that approach is winning awards across the country for user friendliness and information access.  He explained the top six links in the right column are those which are most often used; there are also links to the various ways to communicate with the County; the website does not differentiate between services provided by the County  and those provided by other government agencies; and also listed on the front page of the website are the latest news releases.  He advised Libraries, Budget, SCGTV, EEL, County Manager, and Commissioner pages have been upgraded to the new look.  He noted the design and development was all done in-house using a database-driven content management software called Sitefinity.  He stated the new library site has a different page for each library, and the new e-book download service is featured prominently.  He advised phase two will move the remaining departments to the new design as quickly as resources will allow; and it is anticipated to be completed by the end of next year.  He thanked those involved with developing the new site.

 

 

 

Howard Tipton, County Manager, advised he is the Chair for the United Way Community Campaign; the goal this year was $7 million; and he is pleased to report that the goal is 84 percent met, with $5.8 million received so far.  He stated as for the County United Way Campaign, in 2010, there was a goal of $100,000; the Campaign total was $102,000; and the number of participants in the Campaign was 862.  He noted the 2011 Campaign goal was $105,000; the total so far for 2011 is $110,000; there was $107,000 in payroll contributions; the number of participants for 2011 was 902; and so far, the total from fundraiser's is $2,693.  He stated 50 percent of the County departments increased their contributions; overall participation increased by 4.6 percent; and payroll contributions increased by five percent.  He advised Ian Golden, Housing and Human Services, is the Campaign Chairperson for 2011, and he has taken it on as a personal challenge; and Mr. Golden has done a remarkable job.

 

 

 

 

Upon Board consensus, the meeting was adjourned at 2:54 p.m.

 

 

 

 

 

 

ATTEST:                                                                                                                                

                                                                        CHUCK NELSON, CHAIRMAN

                                                                        BOARD OF COUNTY COMMISSIONERS

                                    _______                    BREVARD COUNTY, FLORIDA

MITCH NEEDELMAN, CLERK