March 21, 2006 Regular
Mar 21 2006
MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
March 21, 2006
The Board of County Commissioners of Brevard County, Florida, met in regular session on March 21, 2006 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Sue Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.
The Invocation was given by Pastor Bryan Simpson, Wesley United Methodist Church, West Melbourne, Florida.
Commissioner Pritchard led the assembly in the Pledge of Allegiance.
ITEMS PULLED FROM AGENDA
Chair Voltz noted the public has pulled item I.D.9, Approval of Bills and Budget Changes, for discussion.
FINAL PLAT APPROVAL AND CONTRACT WITH THE VIERA COMPANY, RE: GATWICK
MANOR SUBDIVISION
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Gatwick Manor Subdivision, subject to minor changes as applicable, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits; and execute Contract with The Viera Company guaranteeing improvements in the Subdivision. Motion carried and ordered unanimously.
FINAL PLAT APPROVAL AND SUPPLEMENT TO EASEMENT AGREEMENT WITH S&S
ENTERPRISES, INC., RE: SHERIFF PLAZA
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Sheriff Plaza, subject to minor changes as applicable, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits; and execute Supplement to Easement Agreement with S&S Enterprises, Inc. insuring Brevard County will not be responsible for repair, reconstruction, or replacement of parking areas if it is necessary to tear them up for maintenance of the drainage structures. Motion carried and ordered unanimously.
FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: MARITIME,
HAMMOCK, AQUARINA, PARCEL A
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Maritime Hammock, Aquarina, Parcel A, subject to minor engineering changes as applicable and developer responsible for obtaining required jurisdictional permits. Motion carried and ordered unanimously.
FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: MANDALAY GROVE
SUBDIVISION
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Mandalay Grove Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining required jurisdictional permits. Motion carried and ordered unanimously.
RESOLUTION, RE: ESTABLISHING FEES FOR NON-CONSENSUAL TOWING OF
VEHICLES
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution setting forth a schedule of fees, which may be charged for towing of vehicles. Motion carried and ordered unanimously.
UNPAVED ROAD AGREEMENT WITH GRANT ABELL, RE: SUWANNEE ROAD
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Unpaved Road Agreement with Grant Abell for construction of a road in existing County right-of–way known as Suwannee Road pursuant to Section 62-102, Brevard County Code. Motion carried and ordered unanimously.
LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE, RE: REVISIONS TO ARTICLE
III, CHAPTER 86, DIVISIONS 1, 2, AND 3, RIGHT-OF-WAY AND EASEMENT
REVIEW AND PERMITTING
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the legislative intent and authorize advertising a public hearing to consider an ordinance amending Article III, Chapter 86, Divisions 1, 2, and 3, review and permitting of uses in County rights-of-way and easements. Motion carried and ordered unanimously.
WAIVER OF SECTION 62-102, RE: BUILDING PERMIT FOR MR. AND MRS. BERNARD
MANN
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive the maximum two-lot requirement and allow a third lot to utilize the same easement for an additional building permit as requested by Mr. and Mrs. Bernard Mann. Motion carried and ordered unanimously.
BINDING DEVELOPMENT PLAN WITH NORMAN STEPHENS AND THEODORE
BENTLEY, RE: PROPERTY ON SOUTH SIDE OF NORTH TROPICAL TRAIL, WEST
OF LITTLETON LANE
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Norman Stephens and Theodore Bentley for property located on the south side of North Tropical Trail, west of Littleton Lane. Motion carried and ordered unanimously.
BINDING DEVELOPMENT PLAN WITH JOHN AND DOREEN HARRISON, RE: PROPERTY
ON THE SOUTH SIDE OF JAMES ROAD, WEST OF COX ROAD
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with John E. and Doreen K. Harrison for property located on the south side of James Road, west of Cox Road. Motion carried and ordered unanimously. (See page for Binding Development Plan Agreement.)
BINDING DEVELOPMENT PLAN WITH BALTUSROL DEVELOPMENT LLC/MATPENCO,
LLC, RE: PROPERTY ON THE NORTH SIDE OF CHASE HAMMOCK ROAD, EAST
OF WINDING WAY
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Baltusrol Development, LLC/Matpenco, LLC for property located on the north side of Chase Hammock Road, east of Winding Way. Motion carried and ordered unanimously.
BINDING DEVELOPMENT PLAN WITH SAWGRASS LAND DEVELOPMENT COMPANY,
RE: PROPERTY ADJACENT TO AND NORTH OF BRISBANE BOULEVARD AND
GRAND HAVEN BOULEVARD
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Sawgrass Land Development Company for property located adjacent to and north of Brisbane Boulevard and Grand Haven Boulevard. Motion carried and ordered unanimously.
BINDING DEVELOPMENT PLAN WITH VERO-PITTSBURGH PARTNERS, LLC, RE:
PROPERTY WEST OF CARPENTER ROAD, SOUTH SIDE OF HAMMOCK TRAIL
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Vero-Pittsburgh Partners, LLC for property located west of Carpenter Road, south side of Hammock Trail. Motion carried and ordered unanimously.
BINDING DEVELOPMENT PLAN WITH VERO-PITTSBURGH PARTNERS, LLC, RE:
PROPERTY ON WEST SIDE OF ARNOLD PALMER DRIVE, SOUTHWEST OF
HOGANS WAY ____
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Vero-Pittsburgh Partners, LLC for property located on west side of Arnold Palmer Drive, southwest of Hogans Way. Motion carried and ordered unanimously.
LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE, RE: ORDINANCE AMENDING
LAND DEVELOPMENT REGULATIONS RELATING TO ACCESSORY STRUCTURE
SETBACKS ON DOUBLE FRONTAGE LOTS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the legislative intent, and authorize advertising a public hearing to consider an ordinance amending the Land Development Regulations relating to accessory structure setbacks on double frontage lots. Motion carried and ordered unanimously.
APPROVAL, RE: TRANSPORTATION IMPACT FEE TECHNICAL ADVISORY COMMITTEE
PROJECT FUNDING RECOMMENDATIONS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the project funding recommendations prepared by the Technical Advisory Committees (TACS) for Central Mainland and South Beaches Transportation Impact Fee Benefit Districts; authorize the Budget Office to execute any budget changes required to implement the project appropriations; and authorize the Chair to execute Disbursement Agreements with the Cities of Cocoa, Rockledge, and Satellite Beach, and with the Town of Indialantic. Motion carried and ordered unanimously.
RESOLUTION AND RAILROAD REIMBURSEMENT AGREEMENT WITH FDOT, RE:
GRADE CROSSING TRAFFIC CONTROL DEVICES AT CAMP ROAD
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution and execute Railroad Reimbursement Agreement with Florida Department of Transportation for the grade crossing traffic control devices at Camp Road. Motion carried and ordered unanimously.
COVENANT OF NON-DEVELOPMENT AND DEED RESTRICTION, RE: LEGHORN ROAD
AND PINE ROAD PAVING MSBU
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Covenant of Non-Development and Deed Restriction with Gary and Raquel Kronengold for exclusion of their property from the Leghorn Road and Pine Road Paving Municipal Service Benefit Unit as it has access by Smugglers Cove Road. Motion carried and ordered unanimously.
RESOLUTION AND TRI-PARTY ASSIGNMENT AGREEMENT WITH FEC AND CITY OF
PALM BAY, RE: TRANSFER OF RESPONSIBILITY FOR ROBERT CONLAN
BOULEVARD CROSSING TO THE CITY OF PALM BAY
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution and execute Tri-Party Assignment Agreement with Florida Department of Transportation (FDOT), Florida East Coast (FEC) Railway, and the City of Palm Bay to transfer responsibility for Robert Conlan Boulevard crossing to the City. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE PUBLIC HEARING, RE: CREATION OF MORNINGSIDE
DRIVE ROAD PAVING MSBU
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance creating the Morningside Drive Road Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously.
RESOLUTION, RE: ESTABLISHING INITIAL ASSESSMENT FOR LEGHORN AND PINE
ROAD PAVING MSBU
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution establishing the initial assessment for Leghorn and Pine Roads Paving Municipal Service Benefit Unit. Motion carried and ordered unanimously.
AGREEMENT WITH THE VIERA COMPANY, RE: CULVERT REPLACEMENT ON STADIUM
PARKWAY
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Culvert Replacement Agreement with The Viera Company, and Escrow Agreement with The Viera Company and Dean Mead, Attorneys and Counselors at Law, attached as Exhibit “B” to the Culvert Agreement. Motion carried and ordered unanimously.
TRAFFIC CONTROL SERVICES AGREEMENT WITH BREVARD COUNTY SHERIFF’S
OFFICE, RE: INTERSECTION OF CORSICA BOULEVARD AND HOMESTEAD
AVENUE
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with Sheriff J. R. “Jack” Parker to provide traffic control services at Corsica Boulevard and Homestead Avenue at $35,000 annual cost. Motion carried and ordered unanimously.
RESOLUTION, RE: AUTHORIZING SOLID WASTE MANAGEMENT DIRECTOR TO
EXECUTE NECESSARY DOCUMENTS GRANTING AGENCY AND PUBLIC ACCESS
TO ALL PROPERTIES UNDER CONTROL OF SOLID WASTE MANAGEMENT
DEPARTMENT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution authorizing the Solid Waste Management Director to act as the Board’s representative in signing a Petition for FDEP and any other documents associated with granting access to properties under the control of the Solid Waste Management Department. Motion carried and ordered unanimously.
RESOLUTIONS, RE: AMENDING RESOLUTION 00-010 FOR CONSTITUTIONAL FUEL TAX
REVENUE BONDS AND RESOLUTION 05-296 FOR LOCAL OPTION FUEL TAX
REVENUE BONDS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolutions amending Resolution No. 00-010 for Constitutional Fuel Tax Bonds, Series 1999, and Resolution No. 05-296 for Local Option Fuel Tax Revenue Bonds, Series 2005, to amend and expand the list of projects. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE PUBLIC HEARING, RE: CONSTRUCTION OF THE PORT
ST. JOHN PARKWAY/GOLFVIEW AVENUE PROJECT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize advertising a public hearing on April 11, 2006, to consider whether it is in the County’s best interest to allow the Road and Bridge Department to perform the construction services for the Port St. John Parkway/Golfview Avenue project. Motion carried and ordered unanimously.
ACCEPT UTILITY EASEMENT AND WAIVE PHASE I ENVIRONMENTAL ASSESSMENT,
RE: BEACHWOODS TOWNHOMES AT OCEAN BOULEVARD AND RIVER WOODS
BOULEVARD IN MELBOURNE BEACH
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept a Utility Easement at the corner of Ocean Boulevard and River Woods Boulevard in Melbourne Beach from Beachwoods Stage Nine, LLC; and waive Phase I Environmental Assessment. Motion carried and ordered unanimously.
APPROVAL OF TRAFFIC ENFORCEMENT, RE: BAYTREE COMMUNITY DEVELOPMENT
DISTRICT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Interlocal Agreement with Sheriff J. R. “Jack” Parker and the Baytree Community Development District for the Sheriff to provide traffic enforcement in the District. Motion carried and ordered unanimously.
APPROVAL, RE: WICKHAM ROAD ITS SUMMARY RECOMMENDATIONS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Wickham Road ITS Summary recommendations and direct staff to proceed as recommended. Motion carried and ordered unanimously.
AUTHORIZE INCENTIVE PAY, RE: NON-LIUNA, UTILITY SERVICES DEPARTMENT
UTILITY SUPERINTENDENTS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize incentive pay for dual licenses as contained in the Labor Agreement for two Utility Superintendents. Motion carried and ordered unanimously.
APPOINTMENT, RE: PUBLIC GOLF ADVISORY BOARD
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to reappoint Marty Brown and Steve Fleming to serve on the Public Golf Advisory Board with said terms of appointments expiring December 31, 2007. Motion carried and ordered unanimously.
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO.1 WITH ATELIER AEC, INC.,
RE: RENOVATIONS TO THE SAMS’ HOUSE STRUCTURES AT PINE ISLAND
CONSERVATION AREA IN MERRITT ISLAND
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Professional Services Agreement Amendment No. 001 with Atelier AEC, Inc. for architectural/engineering services to renovate the Sams House Structures at Pine Island Conservation Area in Merritt Island. Motion carried and ordered unanimously.
LEASE AGREEMENTS, RE: NORTH BREVARD SENIOR CENTER, INC. AND MARTIN
ANDERSEN SENIOR CENTERS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Lease Agreements with North Brevard Senior Center, Inc. and Martin Andersen Senior Center for lease of facilities for ten years with option to renew the Agreements for two additional terms of ten years each based on mutual written agreement by the parties. Motion carried and ordered unanimously.
RESOLUTION, RE: REQUESTING FINANCIAL ASSISTANCE UNDER FIND WATERWAYS
ASSISTANCE PROGRAM FOR SOUTH COUNTY BOAT LAUNCH A&E SERVICES
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution requesting financial assistance under the Florida Inland Navigation District (FIND) Waterways Assistance Program for South County Boat Launch architectural and engineering services; authorize the Interim Parks and Recreation Director to execute FIND’s Standard Grant Agreement; and approve Budget Change Request (BCR) to establish project account and temporary loan from the General Fund if the grant is approved. Motion carried and ordered
unanimously.
RESOLUTION, RE: REQUESTING FINANCIAL ASSISTANCE UNDER FIND WATERWAYS
ASSISTANCE PROGRAM FOR CHAIN OF LAKES RECREATION COMPLEX A&E
SERVICES FOR CROSSOVER, BOARDWALK, AND DOCKS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution requesting financial assistance under the Florida Inland Navigation District (FIND) Waterways Assistance Program for Chain of Lakes Recreation Complex architectural and engineering services for crossover, boardwalk, and docks; authorize the Interim Parks and Recreation Director to execute FIND’s Standard Grant Agreement; and approve Budget Change Request (BCR) to establish project account and temporary loan from the General Fund if the grant is approved. Motion carried and ordered unanimously.
PERMISSION TO PURCHASE OFF STATE CONTRACT, RE: FOUR DIESEL FUELED
TRANSIT COACHES
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to purchase four diesel fueled transit coaches off the Florida Transit Association Finance Corporation’s Statewide bus bid; and authorize payment of $2,000 to the Corporation for the transaction fee. Motion carried and ordered unanimously.
PERMISSION TO NEGOTIATE EXTENSION OF CONTRACT WITH VPSI, INC., RE: VANPOOL MANAGEMENT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to negotiate a one-year extension to the existing Vanpool Management Agreement with VPSI, Inc.; authorize the Chair to execute the Agreement upon approval by the County Attorney; and approve a 90-day extension to the existing Agreement to allow for a negotiation period. Motion carried and ordered unanimously.
AWARD OF PROPOSAL #P-2-06-06, FOOD AND BEVERAGE CONCESSION FOR THE
HABITAT GOLF COURSE AND CONTRACT, RE: BIRDIES AND EAGLES
ENTERPRISES
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to award Proposal #P-2-06-06 and execute Contract with Birdies and Eagles Enterprises for food and beverage concession services at Habitat Golf Course, commencing April 1, 2006 and terminating on March 31, 2009; and authorize the County Manager to execute any contract renewals. Motion carried and ordered unanimously.
ACKNOWLEDGE FY 2004-2005 ANNUAL AUDIT, RE: TITUSVILLE-COCOA AIRPORT
AUTHORITY
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of the Titusville-Cocoa Airport Authority’s annual audit for Fiscal Year 2004-2005, in accordance with Government Auditing Standards. Motion carried and ordered unanimously.
RESOLUTION, RE: APPROVING CONFIDENTIAL PROJECT 06-00222 AS QUALIFIED TARGETED INDUSTRY
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution approving Confidential Project 06-00222 as a Qualified Targeted Industry (QTI) business and requesting the State waive the QTI local match requirement in lieu of the County’s tax exemption local match. Motion carried and ordered unanimously.
RESOLUTION, RE: APPROVING LANIER WORLDWIDE, INC. AS QUALIFIED TARGETED
INDUSTRY
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution approving Lanier Worldwide, Inc. as a Qualified Targeted Industry (QTI) business and requesting the State waive the QTI local match requirement in lieu of the County’s tax exemption local match. Motion carried and ordered unanimously.
RESOLUTION, RE: RECOMMENDING CONFIDENTIAL PROJECT (03/04) 8-3-36-RD AS
QUALIFIED DEFENSE CONTRACTOR BUSINESS AND COMMITTING GRANT
FUNDING
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution recommending approval of Confidential Project (03/04) 8-3-36-RD as a Qualified Defense Contractor business and committing $300,000 as a grant representing local financial support for the Contractor. Motion carried and ordered unanimously.
RESOLUTION, RE: AMENDING GUIDELINES FOR ECONOMIC DEVELOPMENT TAX
ABATEMENT PROGRAM
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution amending the guidelines for the Economic Development Tax Abatement Program as recommended by the Economic Development Commission of Florida’s Space Coast. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND
NEGOTIATING COMMITTEES, AWARD CONTRACTS, AND AUTHORIZE
EXECUTION OF CONTRACTS, RE: CONSTRUCTION MANAGEMENT DELIVERY
SYSTEM CONTINUING CONTRACT FOR PROJECTS UP TO $1,000,000
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a new Request for Proposals for use on a Construction Management Delivery System Continuing Contract for projects up to $1,000,000 in value; appoint Selection and Negotiating Committees of Greg Minor, Parks and Recreation Department; Carl Tucker, Facilities Engineering and Construction; and Steve Quickel, Facilities Director; authorize negotiation with up to five firms; and authorize the Chair to sign the associated contract(s), and the County Manager or her designee to approve yearly option renewals. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION AND
NEGOTIATING COMMITTEES, AWARD CONTRACT, AND AUTHORIZE
EXECUTION OF CONTRACT, RE: CONTINUING MECHANICAL/ELECTRICAL/
PLUMBING CONSULTANT SERVICES
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a new Request for Proposals for continuing mechanical/electrical/plumbing consultant services; and appoint Selection and Negotiating Committees of Greg Minor, Parks and Recreation Department; Carl Tucker, Facilities Engineering and Construction; and Steve Quickel, Facilities Director; and authorize the Chair to sign the Contract, and the County Manager or her designee to approve yearly option renewals. Motion carried and ordered unanimously.
AUTHORIZE FILING OF CIVIL ACTION AGAINST ALLIANCE DELIVERY SERVICES, INC.,
RE: REPAYMENT OF POSTAGE DEPOSIT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to file a civil action in County Court against Alliance Delivery Services, Inc. for repayment of postage deposit up to $15,000. Motion carried and ordered unanimously.
AMENDMENT NO. 2 TO LEASE WITH PALM SHORES CONDOMINIUM, LLC, AND
AUTHORIZE APPRAISALS OF POTENTIAL SITES, RE: ENVIRONMENTALLY
ENDANGERED LANDS PROGRAM
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment No. 2 to Lease with Palm Shores Condominium, LLC for building occupied by the Environmentally Endangered Lands Program; and authorize appraisals of potential sites to estimate market values. Motion carried and ordered unanimously. (See page
for Amendment No. 2 to Lease.)
APPROVAL, RE: TDC OPERATING PROCEDURES MANUAL
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the revised Tourist Development Council (TDC) Operating Procedures Manual. Motion carried and ordered unanimously.
FEDERALLY-FUNDED SUBGRANT AGREEMENT WITH FLORIDA DEPARTMENT OF
COMMUNITY AFFAIRS, RE: HOMELAND SECURITY GRANT PROGRAM
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Federally-funded Subgrant Agreement with Florida Department of Community Affairs for the Homeland Security Grant Program in the amount of $69,860 to provide planning, training, and exercises for local and regional efforts; and authorize the County Manager or her designee to sign any documents associated with the grant and to make any necessary selections as required to execute such grant. Motion carried and ordered unanimously.
APPROVAL OF LEGISLATIVE SUPPORT, RE: LEADERSHIP BREVARD COMMUNITY
BUDGET ISSUE REQUEST __
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve request of Leadership Brevard for legislative support for a Community Budget Issue Request in the amount of $250,000, which will assist each government in Brevard County whose goal is to develop a community vision. Motion carried and ordered unanimously.
ACKNOWLEDGE SPECIAL DISTRICT FINANCIAL REPORT, RE: BREVARD COUNTY
HOUSING FINANCE AUTHORITY
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of the Brevard County Housing Finance Authority Financial Report for the fiscal year ended September 30, 2005, pursuant to Section 189.418 and Section 218, Florida Statutes. Motion carried and ordered unanimously.
ACKNOWLEDGE SPECIAL DISTRICT FINANCIAL REPORT, RE: MELBOURNE-TILLMAN
WATER CONTROL DISTRICT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of the Melbourne-Tillman Water Control District Financial Report for the fiscal year ended September 30, 2005, pursuant to Section 189.418 and Section 218, Florida Statutes. Motion carried and ordered unanimously.
ACKNOWLEDGE SPECIAL DISTRICT FINANCIAL REPORT, RE: TITUSVILLE-COCOA
AIRPORT AUTHORITY
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of the Titusville-Cocoa Airport Authority Financial Report for the fiscal year ended September 30, 2005, pursuant to Section 189.418 and Section 218, Florida Statutes. Motion carried and ordered unanimously.
AUTHORIZE FILING OF CLAIMS FOR COMPENSATION, RE: AT&T CLASS ACTION
LAWSUIT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the County Attorney’s Office to file claims for compensation in the AT&T Class Action lawsuit. Motion carried and ordered unanimously.
AGREEMENT WITH FLORIDA DEPARTMENT OF CHILDREN AND FAMILIES, RE: LOCAL
CHILD CARE LICENSING
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with Florida Department of Children and Families (DCF) to provide a local child care licensing and enforcement program in Brevard County; and authorize the County Manager to request permission from DCF to assign the Contract to the Brevard County Health Department. Motion carried and ordered unanimously.
APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Vera Zimmerman to serve on the Historical Commission, replacing Ann Smith, with said term of appointment expiring December 31, 2006. Motion carried and ordered unanimously.
REPORT, RE: SUPPORT OF LEGISLATION AMENDING CHAPTER 372.921 F.S.
The Board reached consensus to support legislation amending Chapter 372.921, F.S., which would give the County more control over wild animals.
REPORT, RE: SCHEDULE EXECUTIVE SESSION
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to schedule an executive session on April 11, 2006 at 11:30 a.m. or as soon as possible thereafter to discuss Jaworski v. Brevard County. Motion carried and ordered unanimously.
DISCUSSION, RE: PHONE CALLS RELATING TO LIFT STATION
The Board reached consensus that all phone calls received in the Commission offices concerning the Lift Station at Fay Boulevard and US 1 be referred to the County Attorney’s office.
REPORT, RE: WASTE MANAGEMENT
Solid Waste Management Director Euri Rodriguez advised the North area of the County is down 15 drivers; there will be problems with levels of service in the north specifically on the recycling and yard waste areas; and the problems will continue probably for the next three to four weeks.
RESOLUTION, RE: BREVARD, A “COMMUNITY FOR A LIFETIME”
Kimberly Lindsey noted “Communities for a Lifetime” is one of the Governor’s initiatives; it is also a Statewide initiative strongly supported by the Department of Elder Affairs; it will give communities a good grasp on what might need to be put into place in the future; and it enhances opportunities for people to continue living in their own communities for a lifetime.
Commissioner Scarborough read aloud a Resolution declaring Brevard County a “Community for a Lifetime.”
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt a Resolution proclaiming Brevard County a “Community for a Lifetime” in an effort to allow all residents to maintain their dignity, security, independence, and remain in their homes and in the community they love. Motion carried and ordered unanimously.
REPORT, RE: TRAFFIC TICKET SYSTEM
Commissioner Pritchard recognized Ray Dills, an employee at the Sheriff’s Department, who has developed a software program that will allow Deputies to write tickets faster and saves the Department thousands of dollars.
REPORT, RE: STAFF RECOGNITION
Commissioner Pritchard expressed his appreciation to Road and Bridge Director Billy Osborne for the personal attention he gave to the residents of Whispering Pines, Lakeview, and Catalina Villas in West Cocoa in an effort to identify and resolve concerns in the neighborhood; and read aloud a letter from one of the residents commending Mr. Osborne.
REPORT, RE: EDC MEETING
Commissioner Pritchard advised due to the efforts of the Commission and EDC, Patrick Air Force Base escaped the BRAC cut; and more resources will be moved to Brevard County to help fund some of the issues such as Elder Affairs.
PRESENTATION BY JANICE KERSHAW, RE: SAMPLE OF THE ARTS
Janice Kershaw from VSA of Florida, Brevard, commented on the promotion of acceptance of people with disabilities through programs for people with disabilities, the annual Hands-on Arts Festival, the addition of two more artists on staff, Adaptive Arts Lending Program, Start with the Arts and Express Diversity curriculum, teacher training, disability awareness training, touring art exhibits, on-line art gallery, and outreach programs such as Inclusive Art Classes and Dancing Wheels. She expressed her appreciation to the Board for its support through the County Cultural Grants Program.
PRESENTATION BY FRANK JOHN ROSSI, RE: BREVARD COUNTY LIBRARY
FOUNDATION
Frank John Rossi, President of the Brevard County Library Foundation, expressed appreciation to the Board for funding a grant through the Brevard Cultural Alliance, which will enable the group to sponsor the County Reading Festival. He noted it will be held on Saturday, March 25, 2006 at the Cocoa Riverfront Park from 10:00 a.m. to 4:00 p.m.; the all-day event has planned activities and will have seven well-known authors in attendance to share their expertise; and encouraged all to attend.
REPORT, RE: MYREGION.ORG
Commissioner Carlson advised Shelly Lawton of MyRegion.org will give a presentation to the Board on its Regional Visioning Project at a future date; and handed out a packet including information about funding, a work summary, a schedule of project deliverables, and a flow chart on the process.
She noted all studies MyRegion.org has done are available on the website; and one of them, Naturally Central Florida, “Fitting the Pieces Together” will be airing in 30-minute television specials on WMFE.
She also handed out a summary of the 16 Developments of Regional Impact (DRI) that are occurring throughout the Central Florida Region, which was put together by East Central Regional Planning Counsel, one of the partners for MyRegion.org; and stated it includes a map, a DRI review process, and incorporates new legislation.
REPORT, RE: TODD CORWIN
Commissioner Colon extended best wishes to Todd Corwin on his move to Ohio, and noted he would be missed.
REPORT, RE: GROWTH MANAGEMENT COALITION MEETING
Commissioner Colon stated at the Growth Management Coalition Meeting discussion ensued on the media and the lack of education; and noted to rectify this problem every Monday The Orlando Sentinel will do a write-up on what is going on throughout the cities and counties in Central Florida so citizens will be better informed.
Commissioner Colon noted another topic of discussion at the meeting was the School Board having to be a key player in growth management, the State expecting the School Board to come up with ways to work with the municipalities, putting the focus on concurrency, and charter schools versus regular schools. She advised in order to help with the planning of growth management municipalities will now have to inform the County of their plans on annexation and how far the annexation will go; and Palm Bay’s plan is to go from Fellsmere/County line to S.R. 192.
REPORT, RE: PALM BAY PARKWAY
Commissioner Colon advised of the need for a workshop to address the Palm Bay Parkway north of Ellis Road; and stated it is the responsibility of the Board not the MPO.
PRESENTATION BY JIM ROSS, RE: DUCK RACE
Vice President of Development at Crosswinds, Jim Ross expressed appreciation to the Board for all it has done to make Brevard County livable; he noted Crosswinds has not received an increase in State funding but is still able to serve many children through the partnerships with local government and businesses; and expressed appreciation to the tremendous business community in Brevard County.
He stated the Great Brevard Duck Race is Sunday, April 23, 2006 at the Indian River Boat Ramp; and invited all to attend. He advised ducks can be adopted at any Brevard County Bank of America, Community Educators Credit Union, Harbor Federal, Indian River National Bank, Riverside National Bank, RBC Centura Bank, Space Coast Credit Union, Suntrust, Wachovia, and Washington Mutual.
ACCEPTANCE, RE: JOINT PARTICIPATION AGREEMENT WITH FDOT FOR VALKARIA
AIRPORT MASTER PLAN
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept the Joint Participation Agreement with FDOT for funding up to 80% of the total cost of the master plan for Valkaria Airport not to exceed $60,000; and authorize the Chair to sign the Agreement. Motion carried and ordered unanimously.
REPORT, RE: PROJECT FIGHT BACK MEETING
Chair Voltz advised of a Project Fight Back meeting scheduled for Thursday, April 6, 2006, 2:00 p.m. to 4:00 p.m. at the South Mainland Community Center in Micco; stated it is the second of five presentations; and the third meeting will be in the Commissioners Chambers on May 25, 2006, followed by the Veteran’s Memorial Center in Merritt Island on July 6th, and November 9th in Titusville. She stated all are invited to attend; and a discussion will be on all issues and crimes affecting the elderly population.
REPORT, RE: CENTRAL FLORIDA VISIONING COMMITTEE MEETING
Chair Voltz noted there will be a Central Florida Visioning Committee meeting of all the Chairs on March 29, 2006; she has notified local business officials, elected officials, and staff; and Commissioner Carlson will attend in her place.
REPORT, RE: TRANSPORTATION IMPACT FEES ADDED TO MAY 9TH AGENDA
Chair Voltz stated she would like to add discussion of transportation impact fees to the May 9, 2006 agenda.
REPORT, RE: RECOGNITION AND RESOLUTIONS
The Board reached consensus to move Resolutions, Awards and Presentations before the Reports/Presentation on the Meeting Agenda.
RESOLUTION, RE: RECOGNIZING CHRISTOPHER WILLIAM BURKE
Commissioner Colon read aloud a resolution recognizing Eagle Scout Christopher William Burke.
Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt a Resolution congratulating Christopher William Burke for his achievement of Eagle Scout ranking and offering its best wishes for a successful future. Motion carried and ordered unanimously.
Christopher Burke noted he started as a Boy Scout and is the second Eagle Scout in the Troop’s history and the first Eagle Scout in Troop 376.
RESOLUTION, RE: PROCLAIMING CHILD ABUSE PREVENTION MONTH
Commissioner Pritchard read aloud a resolution proclaiming April 2006 as Child Abuse Prevention Month.
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution recognizing and congratulating the Exchange Club Yellow Umbrella for its dedication and assistance with at-risk families and child abuse prevention, unanimously proclaiming April 2006 as Child Abuse Prevention Month, and urging all citizens to lend their support in an effort to prevent child abuse and neglect of children by displaying blue ribbons during the month of April 2006. Motion carried and ordered unanimously.
Robert Young expressed his appreciation to the Board.
RESOLUTION, RE: RECOGNIZING 2006 WOMEN BUILDERS OF COMMUNITIES AND
DREAMS
Commissioner Carlson read aloud a resolution recognizing the 2006 Women Builders of Communities and Dreams.
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt a Resolution declaring Diamond Community School, Harmony Farms, and Senior Life Newspaper as the 2006 Brevard County Commission on the Status of Women’s Organizations and “Women Builders of Communities and Dreams” in Brevard County in recognition of their role in women’s and children’s issues, and thanking them for their service and dedication. Motion carried and ordered unanimously.
Evelyn Morrison and Rosemary Munzenmayer, representing the Commission on the Status of Women, expressed their appreciation to the Board; and introduced Dr. Fields from Diamond School and Pam Rogan from Harmony Farms.
RESOLUTION, RE: RECOGNIZING BOBBY CAMERON
County Manager Peggy Busacca read aloud a resolution recognizing Bobby Cameron.
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution recognizing Robert B. Cameron for 30 years of dedicated service and expressing its appreciation and best wishes. Motion carried and ordered unanimously.
Bobby Cameron expressed his appreciation to the Board and County staff.
RESOLUTION, RE: PROCLAIMING NATIONAL LIBRARY WEEK
Commissioner Colon read aloud a resolution proclaiming National Library Week.
Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt a Resolution proclaiming April 2-8, 2006 as National Library Week and encouraging all residents to take advantage of all their libraries have to offer and discover all the ways they can change their world at their libraries. Motion carried and ordered unanimously.
Chairman of the County Library Board Pat Freeman expressed her appreciation to the Board.
RESOLUTION, RE: CONGRATULATING ASTRONAUT HIGH SCHOOL GIRLS’
BASKETBALL TEAM ON CLASS 4A STATE GIRLS’ BASKETBALL TITLE
Commissioner Scarborough read aloud a resolution congratulating the Astronaut High School Girls’ Basketball Team on winning the Class 4A State Girls’ Basketball Title.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt a Resolution congratulating the Astronaut High School Girls’ Basketball Team, the coaches, and the entire school on winning the Class 4A State Girls’ Basketball Title on February 25, 2006. Motion carried and ordered unanimously.
Coach Gregg Hostetler introduced the team and coaches; and expressed appreciation to the Board.
The meeting recessed at 11:08 a.m. and reconvened at 11:23 a.m.
RESOLUTION, RE: COMMENDING MATTHEW STERLING JOUBERT
Commissioner Carlson advised she will reschedule the resolution for Matthew Sterling Joubert and present it at another meeting in an effort to work around the boy’s school schedule.
RESOLUTION, RE: COMMENDING TIMOTHY ROBERT JOUBERT
Commissioner Carlson advised she will reschedule the resolution for Timothy Robert Joubert and present it at another meeting in an effort to work around the boy’s school schedule.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Bill Row from BRPH Architects – Engineers, Inc. provided an overview on the Chain-of-Lakes Regional Park; and advised of the benefits in purchasing a 24-acre parcel, such as improving the quality of stormwater flowing into the Indian River Lagoon and the ability to allow Parrish Medical Center to place the Main Street PMC adjacent to Brevard Community College’s Historic Florida since both are based on historical preservation of homes.
Parrish Medical Center President George Mikitarian requested the Board approve the temporary line item transfer of $2.8 million for the purpose of acquiring the parcel; stated there is interest from the St. John’s River Water Management District to enter into negotiations to purchase a portion of the land; and it is the intent of the Parrish Medical Center to enter into negotiations with the County to purchase approximately six acres of land for a project called Main Street PMC. He clarified it would be the hospital purchasing the land and the Jess Parrish Medical Foundation would be initiating the project.
Jess Parrish Medical Foundation Executive Director Laurie Smirl stated the vision for Health Village at Main Street PMC is to meet the needs of Brevard’s seniors by creating a small town called a health village, that provides out-patient health and support services all in one location. She stated the unique feature of the project is that it will relocate historic houses onto the medical center campus and incorporate components of historic homes into new construction; it will be a place seniors will want to come before, during, and after illness; and Dr. Pamela Tronetti, one of only 7,500 geriatricians in the United States, will be joining in June to serve as Medical Director.
Brevard Community College, Titusville President Dr. Katherine Cobb advised of the school’s support of the program; and submitted a letter of support from District President Dr. Thomas Gamble.
Commissioner Scarborough noted he is amazed with the wonderful, good people he has come across with this project.
Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve the bills and budget changes as submitted, including the line item transfer of $2.8 million. Motion carried and ordered unanimously.
PUBLIC COMMENT – HAROLD K. BROWN, RE: RECYCLING
East Coast Paper Stock, Inc. Vice President Dr. Harold Brown advised of a proposed County ordinance that would save the County potentially millions of dollars by increasing commercial recycling; requested the County create an ad hoc committee working to put the proposed ordinance in proper format for formal review; and requested the County put the curbside recycling portion of the Solid Waste contract out for competitive bid.
PUBLIC COMMENT - LISA FALK, RE: MARTIN ROAD
Lisa Falk, Marketing Director of Durango Steakhouses, expressed her concern over an entrance on Martin Road for future subdivisions; noted the potential danger to children and horses; and requested the Board not allow an entrance off of Martin Road into Mystic Lakes.
PUBLIC COMMENT - IGOR CHUYAN, RE: MARTIN ROAD
Igor Chuyan submitted a letter of opposition to an entrance off of Martin Road from many of the people who live, board horses, or ride horses on Martin Road; and expressed concern over the future of the horse community on Martin Road.
Commissioner Carlson requested Mr. Chuyan and Ms. Falk meet with her to discuss the issue.
PUBLIC COMMENT - JOAN BRISSON, RE: ONE SENIOR CLUB
Joan Brisson expressed concern about the need for transportation and recreation facilities for the senior community in Viera.
The meeting recessed at 12:02 p.m. and reconvened at 1:30 p.m.
RESOLUTION, RE: APPROVING ISSUANCE BY BREVARD COUNTY HOUSING FINANCE
AUTHORITY OF MULTI-FAMILY HOUSING REVENUE BONDS FOR TIMBER TRACE
APARTMENTS PROJECT
Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt a Resolution allowing the Brevard County Housing Finance Authority to apply for allocation with the Florida Division of Bond Finance and to allow issuance by the Authority of multi-family housing revenue bonds to finance the acquisition, construction, and development of Timber Trace Apartments. Motion carried and ordered unanimously.
RESOLUTION, RE: APPROVING ISSUANCE BY BREVARD COUNTY HOUSING FINANCE
AUTHORITY OF MULTI-FAMILY HOUSING REVENUE BONDS FOR PRESTON
POINTE APARTMENTS PROJECT
Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt a Resolution allowing the Brevard County Housing Finance Authority to apply for allocation with
the Florida Division of Bond Finance and to allow issuance by the Authority of multi-family housing revenue bonds to finance the acquisition, construction, and development of Preston Pointe Apartments. Motion carried and ordered unanimously.
RESOLUTION, RE: APPROVING ISSUANCE BY BREVARD COUNTY HOUSING FINANCE
AUTHORITY OF MULTI-FAMILY HOUSING REVENUE BONDS FOR PROVIDENCE
COMMONS APARTMENTS PROJECT
Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt a Resolution allowing the Brevard County Housing Finance Authority to apply for allocation with the Florida Division of Bond Finance and to allow issuance by the Authority of multi-family housing revenue bonds to finance the acquisition, construction, and development of Providence Commons Apartments. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: VACATING UNIMPROVED RIGHT-OF-WAY – RONALD E.
JACOBS, JR. AND FRANCIS W. FLETCHER
Chair Voltz called for the public hearing to consider a resolution vacating unimproved right-of-way, as petitioned by Ronald E. Jacobs, Jr. and Francis W. Fletcher.
Ron Jacobs, Jr. requested a vacation noting the right-of-way splits his two properties; and advised one neighbor is in support and one is in opposition.
Commissioner Pritchard noted staff has determined that vacating the unimproved right-of-way will deny property access to the north; Land Development and Land Acquisition object to the vacating due to the access issue for property owners to the north; and inquired if there was only one property owner to the north. Transportation Engineering Director John Denninghoff replied there are five private property owners to the north; three were in opposition, one was unable to be reached, and the last was in support; and he believes it would be a very questionable legal process to approve the vacating at this time.
There being no further objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to deny the petition to vacate unimproved right-of-way north of Grant Road, as petitioned by Ronald E. Jacobs, Jr. and Francis W. Fletcher. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: VACATING PUBLIC UTILITY AND DRAINAGE EASEMENTS IN
WINGATE RESERVE - DANIEL AND RENEE WINKLER
Chair Voltz called for the public hearing to consider a resolution to vacate public utility and drainage easements in Wingate Reserve, as petitioned by Daniel and Renee Winkler.
There being no objection heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution vacating public utility and drainage easements in
Wingate Reserve, as petitioned by Daniel and Renee Winkler. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: VACATING PORTION OF A MAINTENANCE EASEMENT IN
SANDPINES, SECTION TWO - WILLIAM MYCEK
Chair Voltz called for the public hearing to consider a resolution to vacate a portion of a maintenance easement in Sandpines, Section Two, as petitioned by William Mycek.
There being no objection heard, motion was made by Commissioner Colon, seconded by Commissioner Carlson, to adopt a Resolution vacating a portion of a maintenance easement in Sandpines, Section Two, as petitioned by William Mycek. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: VACATING RIGHTS-OF-WAY IN ADDITION NO. 1 JUNE PARK -
BREVARD COUNTY PARKS AND RECREATION
Chair Voltz called for the public hearing to consider a resolution vacating rights-of-way in Addition No. 1 June Park, as petitioned by Brevard County Parks and Recreation.
There being no objection heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to adopt a Resolution vacating rights-of-way in Addition No. 1 June Park, as petitioned by Brevard County Parks and Recreation. Motion carried and ordered unanimously.
DISCUSSION, RE: SALARIES OF COUNTY MANAGER AND COUNTY ATTORNEY
Human Resources Director Frank Abbate submitted a pay history from 2000 to the present for the County Manager; a comparison with other counties done in accordance with the Cody Salary Survey noting the counties’ populations, number of employees, total budget, years of service, and County Manager’s salary; a comparison of County Managers’ salaries and the average salary of direct reports to the County Manager and the spread between; a variety of salary options; and options of language similar to that in the County Manager’s Employment Contract to be used for the County Attorney’s Employment Contract.
Commissioner Pritchard inquired if the Cody study recommended a salary of $35,000 and the County was currently paying that position $30,000 but went up to $32,500, what percent is $32,500 of $35,000; is it in the 85th or 90th percentile; and stated he would need that percent number to continue the discussion. County Manager Peggy Busacca noted it would take an inordinate amount of time to determine that because staff would have to look at 2,500 separate employees. Commissioner Pritchard stated he does not need individual percentages just entrance level; he would like a more universal application that would be implemented across the board; and first, the County would need a policy defining what percentile it wants to come in at to ensure sufficient pay for employees but realizing that amount may be lower than what some counties might be able to achieve. Mr. Abbate clarified it would be a comparison of the new minimum salaries Brevard County establishes to the average salaries from the other jurisdictions in the survey; and stated he will go back to Cody for that information.
Commissioner Pritchard stated he agreed that using the minimum salary as a threshold would be appropriate because there will be fluctuations based on time or length of service; if the County has a policy that sets the standard, it will be easier to adjust accordingly without having to go through another study; and suggested randomly picking 10 different categories to get an idea of the average if it was going to be too much work.
Mr. Abbate stated to look at what Cody recommended based on the averages and then what Brevard County’s percentile is based on the recommendation that was implemented is different than being in the 75th percentile of the 12 jurisdictions; and inquired which percentile Commissioner Pritchard wanted. Commissioner Pritchard replied he would like the first percentage for now and possibly next year the second percentile since it is so much work.
Commissioner Scarborough requested every district compared in the Cody study show population, number of employees, total budget, years of service, County Managers’ salaries, and number of County Assistants; and the historical spread throughout the State between managers and department heads, and County Attorneys and chief attorneys to get some parameters on the logic of the process.
Mr. Abbate advised the information could be done in-house; he has a very limited staff working full-time on trying to get the implementation of the pay study in place; and he will make this his next priority and bring it back to the Board as soon as possible.
Commissioner Pritchard suggested possibly reimbursing people if their compensation was delayed by the Commissioners requesting more information.
Chair Voltz inquired what the average pay increase was that employees received through the study; with Mr. Abbate responding he will bring the information to the Board at the next regular meeting.
PRESENTATION, RE: ST. JOHNS RIVER WATER MANAGEMENT DISTRICT’S WATER
CONSERVATION RULE AMENDMENT
Local Intergovernmental Coordinator for the St. Johns River Water Management District Marguerita Engel summarized amendments to the Water Management District’s Water Conservation Rule; advised the District amended the Water Conservation Rule limiting landscape irrigation to no more than two days per week, effective March 1, 2006; and requested the County’s assistance in enforcing the new lawn and landscape irrigation provisions with an ordinance.
Discussion ensued on water conservation education, enforcement, aquifers, shallow wells, preserving the lagoon, encouraging people to retain rainwater, swales, using SGTV as an educational tool for water conservation, educating children in school, and working with the School Board.
STAFF REPORT AND DIRECTION, RE: SKATEBOARD RAMPS IN RESIDENTIAL ZONING
CLASSIFICATIONS
The Board directed the item to consider issues relating to skateboard ramps in residential zoning classifications be placed on the next Board Agenda.
ALLOCATION OF FUNDS, RE: CONSULTANT SERVICES TO REBUILD AUTOMATED
MAPPING TOOLS FOR PLANNING AND ZONING OFFICE
County Manager Peggy Busacca explained option one is a one-time cost and option two is a continual cost; noted in order to maintain the same level of service the Board has been accustomed to it can allocate a one-time cost to a consultant or pay a GIS Tech forever; the GIS Tech will only maintain the current level of service; and if the Board wants to increase the level of service then a GIS Analyst will be required in addition to a consultant or a GIS Tech.
Planning and Zoning Director Robin Sobrino noted the maps for one zoning application take three hours to produce; with the loss of automation due to the Property Appraiser’s conversion to a new software program, to produce those same maps now is 11 hours per application; and staff recommends reinstating the software needed so the Department can continue to produce the maps at three hours per application.
Commissioner Scarborough recommended moving option one.
Commissioner Pritchard inquired how often will a consultant be coming to help with GIS. Ms. Sobrino responded that is still a discussion for the GIS Committee; the Committee is looking into a Countywide GIS approach because there are other departments that could benefit as well; until the Committee comes out with a recommendation, she cannot answer the question; and the best case scenario would be that the consultant could get the County back on track within a very short period of time.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve option one to allocate $62,500 for consultant services to reinstate automation functions for mapping activities, with $30,000 to come from unspent Planning and Zoning Offices Salaries. Motion ordered and carried unanimously.
Ms. Busacca inquired where the remaining $32,500 would be coming from. Discussion ensued on the topic.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the remaining $32,500 from Contingency for consultant services to reinstate automation functions for mapping activities. Motion carried and ordered; Commissioner Pritchard voted nay.
Discussion continued on vacant positions and salaries, a new GIS Analyst position, and the possibility of sharing a position with Property Appraiser Jim Ford; with Chair Voltz stating all three topics should be addressed at the next Budget Workshop.
CONTRACT FOR SALE AND PURCHASE WITH BOB D. AND AZILEE W. SUDDATH, RE:
NORTH MERRITT ISLAND STORMWATER MASTER PLAN WITH PINE ISLAND
CONSERVATION AREA
Commissioner Pritchard recommended moving option three; with Transportation Engineering Director John Denninghoff clarifying option three authorizes the Chair to execute the Contract.
Motion by Commissioner Pritchard, seconded by Commissioner Colon, to execute Contract for Sale and Purchase with Bob D. and Azilee W. Suddath for 19.5 acres on the northeast bank of North Borrow Lake, south of Ransom Road, and bordered on the west by Merritt Island National Wildlife Refuge, which is needed for the North Merritt Island Stormwater Master Plan together with Pine Island Conservation Area. Motion carried and ordered unanimously.
FINAL PLAT APPROVAL, RE: CARPRON RIDGE, PHASE VII
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to grant final plat approval for Capron Ridge, Phase VII, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.
AWARD OF BID B-4-06-44 TO J&H WATERSTOP, RE: REPLACEMENT OF S-2 LIFT STATION
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to award Bid B-4-06-44 to J&H Waterstop, Inc. for replacement of the S-2 Lift Station located in the Sea Park area of the South Beaches. Motion carried and ordered unanimously.
BOARD DIRECTION, RE: COMPREHENSIVE PLAN AMENDMENT TO REFERENCE PALM
BAY PARKWAY CORRIDOR
Commissioner Carlson inquired why the MPO did not initiate a Comprehensive Plan Amendment; with County Manager Peggy Busacca responding the MPO is separate from County staff. Commissioner Carlson replied someone on staff should know what the MPO is doing and bring that information to the Board.
Planning and Zoning Director Robin Sobrino advised the Joint Planning Agreement (JPA) with the City of Palm Bay is what raised it to the consciousness of the Planning and Zoning Department; during the negotiations the City did request the alignment be specifically placed in the Comprehensive Plan; through discussions with legal counsel staff stated it could not commit to that without making sure the funding sources were identified; and therefore the language in the JPA more or less said that staff would look at designating a corridor and addressing it somehow in the Comprehensive Plan in language that would be satisfactory to the County’s legal counsel.
Ms. Sobrino stated in the Comprehensive Plan the Transportation Element does reference the long-range transportation plan and as a result it is cross-referenced; there is also a map that shows existing and proposed transportation corridors for Brevard County including the portion of
Brevard County that runs from Rockledge down to the Indian River County line; there is a dotted line that vaguely shows the area where the Palm Bay Parkway Corridor might go, but certainly it
is not at a specific enough level in order to allow anybody to make any correlation to the actual landscape; and it is just a conceptual location at this time. Ms. Sobrino noted staff feels that the amendment it would be packaging up now would provide more specific information as to its alignment.
Commissioner Colon recommended County Attorney Scott Knox be part of every discussion because it is dealing with rights-of-way and County Manager Peggy Busacca needs to be part because funding will be discussed; she expressed concern over the area north of Ellis Road and requested staff watch it closely. She stated she agrees with the Chair that the Board has to make sure that this is part of the Comprehensive Plan as an Amendment.
Commissioner Pritchard advised the proposed corridor from Ellis Road to Fiske Boulevard needs to be clearly identified using existing roadways; he is under the impression that the County has already obtained some rights-of-way and if that is the case, it needs to clearly identify where it is; he does not want to see the same mistakes as Pineda; and for future use, this will be called BOB which stands for Build Our Beltway, and it is going to be a line item on every MPO meeting.
Motion by Commissioner Colon, seconded by Commissioner Carlson, to approve transmitting a Comprehensive Plan Amendment referencing the Palm Bay Parkway Corridor as part of the Comprehensive Plan 2006A amendment transmittal package. Motion carried and ordered unanimously.
Commissioner Pritchard inquired if staff could identify as part of the Comp Plan the area from Ellis Road to Fiske Boulevard and bring it back at a future meeting; requested areas that fall within the County be added into the Comp Plan also; and suggested getting the cities that have jurisdictions in that area to come to an agreement that this is where the route of BOB is going to be.
The meeting recessed at 3:13 p.m. and reconvened at 3:25 p.m.
DISCUSSION, RE: POTENTIAL FLORIDA COMMUNITIES TRUST, FLORIDA FOREVER
GRANT APPLICATIONS
Assistant County Manager Don Lusk advised following the success of last year with a Rodes Park Application to the Florida Communities Trust, the Board mentioned several similar projects it would like to move through the FCT process; and presented a matrix showing the six projects that staff has reviewed for the Board to consider today. He noted on the last page of the matrix it says General Development but it should say Gen Development; the first three projects will probably require discussion; the last three are EEL-funded projects for which match, grant writing, and point scoring services are not issues, and the Board needs to score each of the grants it wants to move on and then write the ones that score well enough in terms of funding for grant writing services. He noted there is a source of funding for the grant writing and point scoring services for the three EEL grants; and that is the monies that the Board allowed to be set aside during the budget process last year for grant match.
Tom Jensen, Bridget Morton, and Willie Wehrman all spoke in support of purchasing Island Point Marina for the County.
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to approve using grant match funds for grant writers to score each potential 2006 Florida Communities Trust grant project and write grants for any project with an appropriate score; and direct staff to look at Ordinances in comparable counties and report to the Board concerning marinas and access to waterways. Motion carried and ordered unanimously.
PERMISSION TO ASSIST WITH FUNDING, APPROVE LEGISLATIVE REQUEST,
AUTHORIZE STAFF PARTICIPATION AND REPORT, AND CHAIR TO EXECUTE
AGREEMENTS AND MEMORANDUMS, RE: DISENROLLMENT OF CHILDREN
FROM DAY CARE PROGRAM ___
Housing and Human Services Director Gay Williams advised this is a one-time request that would benefit 300 children; and the County would be part of a partnership with the School Board, other businesses, and organizations, which have already pledged support for 1,100 of the 1,400 children that stood in need of help.
Commissioner Colon inquired if the County Manager has identified where the dollars would come from; and if there is a guarantee of this being a one-time request. County Manager Peggy Busacca replied the Tax Collector’s Office provided an excess of $829,000, and there is still $242,690 left in that excess.
Barbara Moore noted there are about 1,400 children whose services have been reduced, not technically disenrolled; the priorities are the younger children, Protective Services children, and the TANF children; the older children will not receive full services; and requested the County and the community fill the gap by making the dollars available for the children to receive full preschool and after-school care. She advised the request says up to $300,000 and if those dollars are not needed to see that all children are served, they will not be used; in the process of trying to identify resources for the other children, it has been determined that there are a number of organizations in the Community that do serve school age children; and on April 6th those organizations will come together to pool all resources so this issue can be resolved.
Chair Voltz inquired where the rest of the $300,000 would come from; with Ms. Busacca replying Contingency fund.
Motion by Commissioner Colon, seconded by Commissioner Pritchard, to approve the request of the Child Care Association of Brevard, Inc. for assistance with funding, legislative and staff support to address the disenrollment of children from day care programs including: obligating up to $300,000 to prevent disenrollment of children this school year with $242,690 to come from the Tax Collector’s excess funds and remainder from Contingency; initiating and approving a legislative request to the Brevard Delegation to seek State funds that might be available to assist; authorizing staff participation in a Coalition for After School Care; authorizing the Chair to execute appropriate agreements and memorandums contingent upon County Attorney and Risk Management approval; and authorizing staff to research and report to the Board concerning the impact, problem, and solutions for the disenrollment problem. Motion carried and ordered unanimously.
AUTHORIZE TEMPORARY LOAN FROM INSURANCE RESERVES, RE: CONSTRUCTION
OF MITCHELL ELLINGTON PARK
Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize a temporary loan of $1,500,000 from Property and Casualty Insurance Reserves to continue the construction of Mitchell Ellington Park. Motion carried and ordered; Commissioner Colon was absent from the vote.
RESOLUTIONS, RE: AUTHORIZING ISSUANCE OF SALES TAX REVENUE BONDS,
SERIES 2006A, 2006B, AND 2006C FOR PARKS AND RECREATION REFERENDUM
PROJECTS
Clerk of the Court Scott Ellis inquired if each project is separate by park, why would the Board go out for three bonds and pay three sets of bond fees and three sets of bond counsel fees. He added the bonds are not lawful; the parks millage cannot be used to repay the bonds; if the courts approve the bonds regardless of the Charter, the Board will have to find the budget in the General Fund next year to repay the bonds; and then the District that voted against the parks projects will want an explanation why it is paying taxes for projects after it voted it down.
Rick Stevens, Holland and Knight, LLP. advised three bonds were used as an effort to try to match what was done in 2000-2001 with the Referendum; Sales Tax Bonds can be used for the projects; and Section 200.181 of the Statute clearly authorizes the use of ad valorem millage to pay debt service on the bonds even though the Referendum’s scope may not have been that broad. He stated this is a structure where the Board is issuing Sales Tax Bonds and intending to use some or all ad valorem tax, in excess of what is needed to pay the old Referendum bonds to pay the Sales Tax Bonds.
Discussion continued on the topic.
Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolutions Nos. 06-081, 06-082, and 06-083, authorizing the Financial Advisor, Bond Counsel, and Disclosure Counsel to finalize bond documents and take such necessary action as to the issuance of the Sales Tax Revenue Bonds, Series 2006A, 2006B, and 2006C; authorizing the County Attorney and Bond Counsel to validate in Circuit Court the County’s authority to issue the bonds; authorizing delegation to the County Manager or designee the authority to finalize the Notice of Sale, finalize the Preliminary Official Statements, and the Final Official Statement, and the authority to select registrar and paying agents, bond insurer, and reserve account and insurance policy provider; and delegating to the Chair of the Board of County Commissioners the authority to award the sale of the Bonds based on the criteria set forth in the Bond Resolutions, sign all bond documents, and make necessary budget amendments. Motion carried and ordered; Chair Voltz voted nay.
RESOLUTION, RE: QUALIFYING MEDSOLUTIONS, INC. AS AN ELIGIBLE BUSINESS
UNDER THE COUNTY’S TAX ABATEMENT PROGRAM
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution qualifying MedSolutions, Inc. as an eligible business under the County’s Tax Abatement Program. Motion carried and ordered unanimously.
RESOLUTION, RE: QUALIFYING LANIER WORLDWIDE, INC. AS AN ELIGIBLE BUSINESS
UNDER THE COUNTY’S TAX ABATEMENT PROGRAM
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution qualifying Lanier Worldwide, Inc. as an eligible business under the County’s Tax Abatement Program. Motion carried and ordered unanimously.
LEASE AGREEMENT WITH DR. BEN C. STOREY, RE: MIMS TOWER SITE
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Lease Agreement with Dr. Ben Storey for the Mims tower site; and authorize the County Manager or her designee to execute Lease renewals. Motion carried and ordered unanimously.
IAFF LOCAL 2969 UNION COLLECTIVE BARGAINING AGREEMENT, RE: BREVARD
COUNTY FIREFIGHTERS AND FIRE RESCUE PERSONNEL
Chief Bill Farmer noted a correction to the agenda item; under fiscal impact it states the cost of implementation is $1.7 million and should read $2.4 million; the implementation for the second year reads $5.4 million and should say $4.7 million; and the overall package is still at $7.1 million.
Discussion continued on the Cody study and implementation for the Sheriff and Fire Rescue personnel.
Motion by Commissioner Pritchard, seconded by Chair Voltz, to execute IAFF Local 2969 Union Collective Bargaining Agreement for Brevard County firefighters and Fire Rescue personnel. Motion carried and ordered unanimously.
AGREEMENT WITH YOUNG VAN ASSENDERP, P.A., RE: LEGAL SERVICES RENDERED
ON BEHALF OF THE COUNTY FOR SOLID WASTE MANAGEMENT PROGRAM
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with Young van Assenderp, P.A. for legal services, at $250 per hour, to be rendered on behalf of the County regarding the Solid Waste Management Program’s application for a DEP permit. Motion carried and ordered unanimously.
CITIZEN REQUEST – ROBERT OR ELLEN BENSON, RE: IMPACT FEE REDUCTION
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant impact fee reduction for Robert or Ellen Benson for construction at 5241 Calamondin Avenue in Cocoa. Motion carried and ordered unanimously.
PERMISSION TO ADVERTISE PUBLIC HEARING, RE: ORDINANCE AMENDING
ORDINANCE NO. 05-60, USE AND SALE OF FIREWORKS AND SPARKLERS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider a proposed ordinance amending Ordinance No. 05-60, Use and Sale of Fireworks and Sparklers. Motion carried and ordered; Chair Voltz voted nay.
CITIZENS REQUEST – CHARLES GREEN AND PHILIP FOUGEROUSSE, RE: CODE
ENFORCEMENT ACTION
County Manager Peggy Busacca advised Mr. Green has requested the Board not consider this item today and he will reschedule if needed.
REVISION TO BOARD MEETING SCHEDULE
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve rescheduling the May 25, 2006 Zoning meeting to May 24, 2006. Motion carried and ordered unanimously.
WARRANT LISTS
Upon motion and vote, the meeting was adjourned at 4:30 p.m.
HELEN VOLTZ, CHAIR
BOARD OF COUNTY COMMISSIONERS
ATTEST: BREVARD COUNTY, FLORIDA
SCOTT ELLIS, CLERK