January 12, 1999
Jan 12 1999
MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
January 12, 1999
The Board of County Commissioners of Brevard County, Florida, met in regular session on January 12, 1999, at 9:04 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.
The Invocation was given by Reverend Canon Rufus B. Kite-Powell of St. Paul?s Anglican Church,, Melbourne, Florida.
Commissioner Nancy Higgs led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Voltz, seconded by Commissioner Carlson, to approve the Minutes of October 13, 1998 Regular Meeting, November 10, 1998 Regular Meeting, November 17, 1998 Special Meeting, and November 30, 1998 Zoning Meeting. Motion carried and ordered unanimously.
REPORT, RE: EXECUTIVE SESSION FOR BLASKY AND SHOWBOAT
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to authorize the County Attorney to schedule an executive session to discuss strategies regarding the Blasky and Showboat litigations. Motion carried and ordered unanimously.
REPORT, RE: SPORTS
Commissioner O'Brien advised the Cocoa Beach Girls Basketball Team did well; the Cocoa Tigers almost made State Champions; and Merritt Island High will have its alumni football game this weekend.
REPORT, RE: BOND MONEY FOR HOUSING PROGRAM
Commissioner Voltz advised Brevard County did not receive bond money for housing two consecutive years; the same people are getting all the money which is supposed to be allocated by lottery; and recommended staff investigate the issue and report back to the Board as soon as possible.
Commissioner O'Brien recommended an investigation of who runs the lottery and how the winners are picked; and stated if they find out there was no lottery, Brevard County could try again.
Chairman Scarborough instructed staff to return with a report and schedule it on the Agenda.
REPORT, RE: GOALS AND OBJECTIVES WORKSHOP
Chairman Scarborough advised at goals workshops Commissioners always just say what their goals are; it should be a tool for Commissioners to come to a consensus and direct staff to start discussions about things before the Board considers funding, and to integrate various goals so they are not conflicting goals. He stated he would like to hear more about what Commissioners want to accomplish procedurally so they can put the goals together and come together with a new and better hearing. He suggested Commissioners provide what they want to accomplish to the County Manager so he can integrate the goals and the workshop can be productive.
REPORT, RE: MAGLEV ELEVATED RAPID TRANSIT SYSTEM
Chairman Scarborough advised he met with Bob Kamm about the rapid transit system from the Port to Orlando Airport; and recommended Mr. Kamm give a report to the Board.
Bob Kamm advised Florida Department of Transportation agreed to continue discussions with one company to develop a fixed guideway system in the SR 528 corridor between International Drive and Port Canaveral; the group?s name is Beeline Monorail System; they are proposing a Maglev elevated rapid transit system; and there are a great deal of interest and a lot of questions. He stated staff intends to arrange a presentation by the principles of Beeline Monorail at an MPO meeting either in February or March, and to invite a broader range of participants, such as tourism people, economic development groups, Chambers of Commerce, affected cities, etc. He stated they do not have a specific time or location and are looking for a larger meeting room; and hopefully they will begin a dialogue with the principals so they have a better understanding of what is being considered.
Chairman Scarborough stated EDC has a real interest; TDC has a real interest; and it is a very short timeframe; so if there are any thoughts on how to put it together, Commissioners should advise staff. He recommended Mr. Jenkins contact Lynda Weatherman and Rob Varley to get their thoughts on what they would like to see. He stated he understands it is a German technology; and the meeting is to hear directly from the people who have won the bid and public comments, not to make decisions. He stated the Port, Expressway Authority, and Airport will have to make major decisions, and should be included in the discussion as well; and suggested Mr. Jenkins contact those agencies and advise them what Brevard County is trying to do.
Mr. Kamm advised the process at some point requires the Board to issue a statement of concurrence with the County?s Comprehensive Plan for the project, both the Maglev and the substation that are being proposed at U.S. 1 and SR 528; so there is an action that the Board has to take relative to Comprehensive Plan compliance in the not to distant future. He noted before that can occur, everyone needs a lot more information about the project. Chairman Scarborough recommended staff put together a list of those parties it wants to formally invite to the meeting to have quality discussion.
RESOLUTION, RE: RELEASING CONTRACT WITH THE VIERA COMPANY FOR
IMPROVEMENTS IN VIERA CENTRAL PUD, TRACT 12, UNIT 1, PARCELS 1-3, PHASE 2B
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution releasing Contract with The Viera Company for improvements in Viera Central PUD, Tract 12, Unit 1, parcels 1-3, Phase 2B. Motion carried and ordered unanimously.
CONTRACT WITH ARMSTRONG CUSTOM HOMES, INC., RE: INFRASTRUCTURE
IMPROVEMENTS FOR TOBY AVENUE EXTENSION B
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Contract with Armstrong Custom Homes, Inc. for infrastructure improvements for Toby Avenue Extension B. Motion carried and ordered unanimously.
CONTRACT WITH THE VIERA COMPANY, RE: INFRASTRUCTURE IMPROVEMENTS IN
VIERA CENTRAL PUD, TRACT 12, UNIT 1, PARCELS 1-3, PHASE 3
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Contract with The Viera Company for infrastructure improvements in Viera Central PUD, Tract 12, Unit 1, Parcels 1-3, Phase 3. Motion carried and ordered unanimously.
AGREEMENTS WITH GEOFFREY G. STRANGE AND JOHN L. SOILEAU, RE: UNLICENSED
CONTRACTOR SPECIAL MASTERS
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreements with Geoffrey G. Strange as primary special master and John L. Soileau as alternate special master to hear cases regarding unlicensed contractors. Motion carried and ordered unanimously.
CERTIFICATION OF AGREEMENT WITH BREVARD METROPOLITAN PLANNING
ORGANIZATION, RE: STAFF SERVICES AMENDMENTS AND TERM
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Certification of Staff Services Agreement with Brevard Metropolitan Planning Organization (MPO), incorporating amendments and extending term through December 12, 1999. Motion carried and ordered unanimously.
AUTHORIZE APPLICATION, RE: FLORIDA GREENWAYS AND TRAILS SEED
GRANT PROGRAM
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Chairman to execute Grant Application for the Florida Greenways and Trails Seed Grant Program, funded through Florida Department of Community Affairs. Motion carried and ordered unanimously.
CHANGE ORDER NO. 1 WITH POST, BUCKLEY, SCHUH & JERNIGAN, INC.,
RE: NORTH MERRITT ISLAND STORMWATER IMPROVEMENT
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Change Order No. 1 with Post, Buckley, Schuh & Jernigan, Inc. for North Merritt Island Stormwater Improvement design, increasing cost by $7,930 for redesign of the borrow pit systems as recommended by St. Johns River Water Management District. Motion carried and ordered unanimously.
CHANGE ORDER NO. 1 AND FINAL PAYMENT TO RANGER CONSTRUCTION
INDUSTRIES, INC., RE: MERRITT RIDGE 1G
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Change Order No. 1 to Agreement with Ranger Construction Industries, Inc. for Merritt Ridge 1G Surface Water Improvement project, increasing cost by $19,742.05 for excess fill, dozer with operator, survey crew, increased excavation, chain-link fence, seed and mulch, and sod; and approve final payment to Ranger in the amount of $104,829.85. Motion carried and ordered unanimously.
CHANGE ORDER NO. 1 AND FINAL PAYMENT TO COASTAL CONSTRUCTION OF
BREVARD, INC., RE: MERRITT RIDGE BASIN 1 ALUM POND, PHASE 2
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve Change Order No. 1 to Agreement with Coastal Construction of Brevard, Inc. for Merritt Ridge Basin 1 Alum Pond, Phase 2, increasing cost by $23,737.45 for fabriform bid item #30, casing for future wastewater collection lines, field corrections to plugged pipe, extension for structure 21A, and clearing of 1.8 acres, including disposal of debris, rough balance grading and grassing area with seed and mulch, and approve final payment to the Company of $60,184.85. Motion carried and ordered unanimously.
AUTHORIZE ACQUISITION, RE: LAND FOR FLORIDA BOULEVARD DETENTION POND
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize acquisition of land for construction of a regional stormwater treatment facility on Florida Boulevard at the appraised value of $41,333.33. Motion carried and ordered unanimously.
AGREEMENTS WITH TITUSVILLE, COCOA BEACH, MELBOURNE, AND PALM BAY
AREAS CHAMBERS OF COMMERCE, RE: TDC CATEGORY A PROMOTION AND
ADVERTISING GRANTS
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Agreements with Titusville, Cocoa Beach, Melbourne, and Palm Bay Areas Chambers of Commerce for $30,000 each in TDC Category A Promotion and Advertising Grants. Motion carried and ordered; Commissioner Higgs voted nay.
AGREEMENT AMENDMENTS WITH FLORIDA DCFS SERVICES, RE: COMMODITY
ITEMS FOR COUNTRY ACRES PARENTAL HOME
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the County Manager or his designee to execute Agreement Amendments with Florida DCFS Services for commodity items for Country Acres Parental Home, effective July 1, 1998, with no expiration date. Motion carried and ordered unanimously.
PROMOTION LICENSE AGREEMENT WITH MELBOURNE SQUARE MALL, RE: WOMEN?S
RESOURCE FAIR
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Promotion License Agreement with Melbourne Square Mall for the Commission on the Status of Women to sponsor a Women?s Resource Fair on March 6, 1999, from 10:00 a.m. to 5:00 p.m. during Women?s History Month. Motion carried and ordered unanimously.
AMENDMENT TO AGREEMENT WITH UNIQUE MANAGEMENT SERVICES, INC.,
RE: COLLECTION OF OVERDUE LIBRARY FINES
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Amendment to Agreement with Unique Management Services, Inc. to collect overdue library fines above $25.00 for 35% of the amount collected. Motion carried and ordered unanimously.
INTERGOVERNMENTAL MANAGEMENT AGREEMENT WITH ST. JOHNS RIVER
WATER MANAGEMENT DISTRICT, RE: LANDS ADJACENT TO STOSBERG PARK
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Intergovernmental Management Agreement with St. Johns River Water Management District to manage lands adjacent to Stosberg Park. Motion carried and ordered unanimously.
MANAGEMENT LEASE AGREEMENT WITH STATE OF FLORIDA, AND APPROVAL
OF ADMINISTRATIVE FEE, RE: BRESTIN & SCHMITT PROPERTIES
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Management Lease Agreement with State of Florida Board of Trustees of the Internal Improvement Trust Fund, for administration of Brestin and Schmitt properties; and authorize Environmentally Endangered Lands Program to pay the annual $300 administrative fee. Motion carried and ordered unanimously.
PERMISSION TO PURCHASE FROM LOVE MOBILE HOMES, INC., RE: TWO
MANUFACTURED HOMES FOR SCOTTSMOOR AND GRANT FIRE STATIONS
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to grant permission to purchase two manufactured homes from Love Mobile Homes, Inc. for Scottsmoor and Grant Fire Stations, at $23,020 each. Motion carried and ordered unanimously.
AMENDMENT NO. 3 TO AGREEMENT WITH VPSI, INC., RE: SCAT?S VANPOOL MANAGEMENT
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Amendment No. 3 to Agreement with VPSI, Inc. to manage Space Coast Area Transit?s Vanpool until March 31, 1999, due to extension of the request for proposal deadline. Motion carried and ordered unanimously.
APPROVAL, RE: FY 1999 CERTIFICATIONS AND ASSURANCES FOR FEDERAL TRANSIT
ADMINISTRATION GRANTS
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize the Chairman to execute the Certifications and Assurances for Federal Transit Administration grants. Motion carried and ordered unanimously.
APPROVAL, RE: SURVEY LETTER TO RESIDENTS OF WEST CANAVERAL GROVES
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the survey letter to be sent to residents of West Canaveral Groves to determine their interest in improvements to roads and water services within the area. Motion carried and ordered unanimously.
APPROVAL, RE: LETTER OF SUPPORT FOR SENATE BILL 226, COMMUNITY
FACILITIES GRANTS
Commissioner Voltz requested staff provide more information to her on the proposed bill.
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve the letter of support for Senate bill 226 which provides for the Department of Community Affairs to administer a grant program to fund acquisition, renovation, and construction of multi-use community facilities. Motion carried and ordered unanimously.
AMENDED AGREEMENT WITH MUNICIPALITIES, RE: E-911 LOCAL OPTION FEE
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Amended Agreement with Cities of Titusville, Cocoa, Cocoa Beach, Indian Harbour Beach, Melbourne, Palm Bay, Rockledge, and Satellite Beach, and Town of Indialantic, authorizing the E-911 Coordinator to approve disbursement of 911 funds to the Cities, and to move the mandatory meeting of the E-911 Advisory Council from September to August of each year. Motion carried and ordered unanimously.
GRANT-IN-AID AGREEMENT WITH OFFICE OF STATE COURTS ADMINISTRATOR,
RE: CIVIL TRAFFIC HEARING OFFICER PROGRAM
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Grant-in-aid Agreement with Office of State Courts Administrator to fund the Civil Traffic Hearing Officer Program in the amount of $34,081.17. Motion carried and ordered unanimously.
APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to appoint and/or reappoint the following:
Affordable Housing Council
Thomas W. Porcella, with term expiring December 31, 1999
George "Ed" Palmer, with term expiring December 31, 1999
David Paterno, with term expiring December 31, 1999
Animal Control Dangerous Dog Hearing Council
Kelli Jo Strabley, with term expiring December 31, 1999
Denise Van Cleef, replacing Dr. Stephen Grigsby, with term expiring December 31, 1999
Art in Public Places Advisory Committee
Gil Carlson, with term expiring December 31, 1999
Brevard County Commission on the Status of Women
Paulette S. Davidson, with term expiring December 31, 1999
Jackie Fleener, with term expiring December 31, 1999
Janie C. Holman, with term expiring December 31, 1999
Carmen Contreras Shrum, with term expiring December 31, 1999
Building and Construction Advisory Committee
Jim Messer, with term expiring December 31, 1999
Donald Simms, with term expiring December 31, 1999
Citizen Budget Review Committee
Tom Flavin, replacing Fernando Esparza, with term expiring December 31, 1999
Gene Anderson, with term expiring December 31, 1999
Ernest F. Voegtlin, with term expiring December 31, 1999
Ron Pritchard, with term expiring December 31, 1999
Community Action Agency Advisory Committee
Theresa M. Suarez, with term expiring December 31, 1999
Tom Porcella, with term expiring December 31, 1999
Dr. George L. Fayson, Sr., with term expiring December 31, 1999
Community Based Organization Funding Advisory Board
Sally Stephen, with term expiring December 31, 1999
Tom Boyles, with term expiring December 31, 1999
Community Development Block Grant Advisory Board
Michael McDonald, with term expiring December 31, 2001
Contractors Licensing Board
Nick Witek, with term expiring December 31, 1999
Kevin Daneu, with term expiring December 31, 1999
Howard Chalson, with term expiring December 31, 1999
Ann Nicol, with term expiring December 31, 1999
John Robinson, with term expiring December 31, 1999
Robert Hicks, with term expiring December 31, 1999
Country Acres Advisory Board
Traci Wood, with term expiring December 31, 1999
Marilyn Hooper, with term expiring December 31, 1999
District 2 Canal Dredging Committee
Joe DeMes, with term expiring December 31, 1999
Albert Elebash, with term expiring December 31, 1999
Roy Gunsler, with term expiring December 31, 1999
Rusty Harris, with term expiring December 31, 1999
Dr. Gregory Kirk, with term expiring December 31, 1999
Glenn Morgan, with term expiring December 31, 1999
George Reynolds, with term expiring December 31, 1999
Economic Development Commission of East Central Florida
James W. Mitchell, replacing Dr. Maxwell King, with term expiring December 31, 1999
Scott Sorenson, with term expiring December 31, 1999
William Van Engelenburgh, replacing Al Matroni, with term expiring December 31, 2001
Dan Adovasio, with term expiring December 31, 1999
Environmentally Endangered Lands Procedure Committee
Rich Gramling, with term expiring December 31, 1999
Priscilla Griffith, with term expiring December 31, 1999
Rocky Randels, with term expiring December 31, 1999
Jonnie Swan, with term expiring December 31, 1999
Kim Zarillo, with term expiring December 31, 1999
Diane Stees, with term expiring December 31, 1999
Employee Benefits Advisory Committee
M. Rene Davis, with term expiring December 31, 1999
Kim Couture, with term expiring December 31, 1999
Extension Advisory Council
Gerald Lafferty, with term expiring December 31, 1999
Gladys Hildre, with term expiring December 31, 1999
Brooks Humphrys, with term expiring December 31, 1999
Historical Commission
Jim Culberson, with term expiring December 31, 1999
Georgiana Kjerulff, with term expiring December 31, 1999
Yvonne Shingler, with term expiring December 31, 1999
Ed Bradford, with term expiring December 31, 1999
Brooks A. Humphrys, with term expiring December 31, 1999
Roz Foster, with term expiring December 31, 1999
Bob Gross, with term expiring December 31, 1999
Ada Parrish, with term expiring December 31, 1999
Elaine Liston, with term expiring December 31, 1999
County Library Board
Robert Smith, with term expiring December 31, 1999
Carol Hurst, with term expiring December 31, 1999
Fernanda Safarik, replacing Deanna Reiter, with term expiring December 31, 1999
Judy Collier, with term expiring December 31, 1999
Meadowlane Community Library Board
Amy Fannin, with term expiring December 31, 1999
Maria Wyatt, with term expiring December 31, 1999
Stephnie Eley, with term expiring December 31, 1999
Merritt Island Redevelopment Agency
Michelle Daignault, replacing Duane Watson, with term expiring January 11, 2003
Dave Hawks, replacing Paul Vavalla, with term expiring January 11, 2003
Dr. Roddy Kring, replacing Norma Savell, with term expiring January 11, 2003
Metropolitan Planning Organization Citizens Advisory Committee
Ronny McLellan, with term expiring December 31, 1999
Barry Rhodes, with term expiring December 31, 1999
Eddie Carr, Jr., replacing Dan Overstreet, with term expiring December 31, 1999
Mims/Scottsmoor Public Library Advisory Board
Loretta S. Whitten, with term expiring December 31, 1999
William O. Sinns, Jr., with term expiring December 31, 1999
Tom Kreuzinger, with term expiring December 31, 1999
North Brevard Library District Board
Sheila Hutcheson, with term expiring December 31, 1999
Palm Bay Regional Park Advisory Committee
William Capote, replacing Tom Redmond, with term expiring December 31, 1999
Michael Couture, with term expiring December 31, 1999
North Brevard Commission on Parks and Recreation
Christopher R. White, with term expiring December 31, 2000
George Broyles, with term expiring December 31, 2000
Parks and Recreation Department South Service Sector Advisory Board
Dave Swazo, replacing Charlie Colon, with term expiring December 31, 1999
Jon D. England, with term expiring December 31, 1999
Tibby Parker, with term expiring December 31, 1999
Personnel Council
Johnny Albert Diggs, with term expiring December 31, 1999
Jack Houts, with term expiring December 31, 1999
Oscar Gamboa, with term expiring December 31, 1999
Planning and Zoning Board
Ronny McLellan, with term expiring December 31, 1999
Michael Selig, with term expiring December 31, 1999
Aneta Ott, with term expiring December 31, 1999
John Daignault, with term expiring December 31, 1999
Matt Sokoloski, with term expiring December 31, 1999
Ed Coburn, with term expiring December 31, 1999
Roy Wariner, replacing Nick Tsamoutales, with term expiring December 31, 1999
Eddie Carr, Jr., replacing Roy Wariner as alternate, with term expiring December 31, 1999
Port St. John Public Library Advisory Board
Alice Crowell-Lance, with term expiring December 31, 1999
Robert E. Mills, Jr., with term expiring December 31, 1999
Maureen Rupe, with term expiring December 31, 1999
Public Golf Advisory Board
Lou Howard, with term expiring December 31, 1999
Harold Staub, with term expiring December 31, 1999
Brett Wood, with term expiring December 31, 1999
Rotary Park at Suntree Community Committee
Daniel Frazee, with term expiring December 31, 1999
Allen D. Scales, with term expiring December 31, 1999
Neil Jackson, with term expiring December 31, 1999
Gerald Jagrowski, with term expiring December 31, 1999
Jim Peterman, with term expiring December 31, 1999
Charles Manning, with term expiring December 31, 1999
Karen Kirkland, with term expiring December 31, 1999
Audrey Nassen, with term expiring December 31, 1999
Warren Price, with term expiring December 31, 1999
E. Harrison Rhame, with term expiring December 31, 1999
Spaceport Commerce Park Authority
Susan Cossey, with term expiring December 31, 1999
South Mainland Community Center Citizens Advisory Committee
Bill Lewis, with term expiring December 31, 1999
Suntree/Viera Public Library Advisory Board
Jim Peterman, with term expiring December 31, 1999
Maria Katz, with term expiring December 31, 1999
Doy Hansen, with term expiring December 31, 1999
June Baker, with term expiring December 31, 1999
Surface Water Improvement Advisory Board
Dan Overstreet, replacing Joyce Drew, with term expiring December 31, 1999
G. A. "Andy" Tucker, with term expiring December 31, 1999
Evan Selbiger, replacing Myron Stevens, with term expiring December 31, 1999
Tourist Development Council
Bob Willi, with term expiring December 31, 1999
Veterans Memorial Park Advisory Board
Jack Jackson, with term expiring December 31, 1999
Adam Flores, with term expiring December 31, 1999
Wickham Park Advisory Committee
Richard Butler, with term expiring December 31, 1999
Eleanor Munton, with term expiring December 31, 1999
Ollie Olsen, with term expiring December 31, 1999
Mary Soares, with term expiring December 31, 1999
Zoning Board of Adjustment
Leonard L. Daye, with term expiring December 31, 1999
Richard Gramling, with term expiring December 31, 1999
Helen Filkins, with term expiring December 31, 1999
David Bogenrief, with term expiring December 31, 1999
Christine Rodgers, replacing Dick Cottrell, with term expiring December 31, 1999
Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to approve bills and budget changes as submitted. Motion carried and ordered unanimously.
AUTHORIZATION TO ATTEND MEDIATIONS AND MAKE STAFF RECOMMENDATIONS,
RE: JOHN E. DOWNEY vs. BOARD OF COUNTY COMMISSIONERS, ET AL
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize Commissioner Nancy Higgs or her designee, and Anne Birch, EELS Program Manager, to attend mediations and make staff recommendations on settlement to the Board regarding the case of John E. Downey vs. Board of County Commissioners, et al. Motion carried and ordered unanimously.
STAFF DIRECTION, RE: ADMINISTRATIVE APPEAL TO COMPREHENSIVE
PLAN AMENDMENTS RELATING TO WETLANDS
Chairman Scarborough advised he heard from some interested parties there may be a desire to continue discussion on the wetlands item; and if the Board is going to continue it, it should be done early in the meeting. Commissioner Voltz stated she does not see a reason to continue it. Chairman Scarborough stated he does not know if the Board will continue it; however, Attorney John Evans requested the I-95/Port St. John item be handled as a separate issue if the Board is going to continue things.
Commissioner Higgs advised she had discussions with staff and the interveners regarding the wetlands item; there may be language the Board should consider prior to the administrative hearing; and she would be willing to continue the item for 45 days to see if they can work out language that would keep the County out of expensive litigation.
Chairman Scarborough inquired if the extraction could be incorporated; with Commissioner Higgs responding separation of the items is in the County?s best interest. Chairman Scarborough stated he spoke to Clay Henderson at the State level about it, and he did not seem to have a problem.
Commissioner O'Brien stated he cannot agree with the continuance; Department of Community Affairs told the Board what is in its plan is acceptable; the Board has heard the item in the past and said to take Department of Community Affairs? recommendation and go with it; and it is time to put closure to this issue. He recommended the Board accept Department of Community Affairs? recommendation today and put an end to it. Commissioner Higgs stated it will not end; with Commissioner O'Brien responding if they want to sue the County, let them sue.
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to continue the administrative appeal to Comprehensive Plan amendments relating to wetlands for 45 days, for review of language that may be able to avoid expensive litigation.
Commissioner Voltz advised any time Department of Community Affairs, the County, and St. Johns River Water Management District agree on something, that is a rare form; and the Board needs to go with it. She stated as far as she can tell, the interveners are not going to have a chance; the Board needs to bring this issue to closure today; but it should separate the items.
Chairman Scarborough called for a vote on the motion to continue the item for 45 days and extract the I-95/Port St. John item. Motion carried and ordered; Commissioners O'Brien and Voltz voted nay.
County Attorney Scott Knox recommended filing a motion to set it for a hearing in the event things do not work out in 45 days. He stated the hearing will not take place until well after that, but it would be nice to have the steps taken. Commissioner Higgs stated if the Board authorizes proceeding with setting the hearing, then staff will begin activities of preparing for that hearing which may be expensive. Mr. Knox stated most of the work has been done with discovery; and they have been trying to negotiate this for quite a while. Commissioner Higgs stated as part of the continuance she wants County staff and the County Attorney to meet with the interveners to see if there is some language they can agree to; and at the completion of the 45-day period, if they do not, then the County Attorney can move to file for a hearing date. Mr. Knox stated it is up to the Board, and he was just making a suggestion. Commissioner Higgs inquired if it is understood that the County Attorney and County staff will meet with the interveners and the language that may keep the County from a 120 hearing come back to the Board before the 45 days.
Chairman Scarborough advised it is a dynamic process; he assumes the interveners and staff may want to talk to the Commissioners about the language that could move it forward, if possible, with a consensus of the Board; he does not want to fight Department of Community Affairs and the interveners and wants a 5-0 vote to move in an agreeable direction; and how that occurs will take some time with a lot of people talking to different people. He stated it is better to do things when there is complete consensus; and hopefully everyone will be happy when it is over. He noted he talked to both sides and understands the points on both sides.
RESOLUTION, RE: CONFIRMING EXCELLENCE IN PUBLIC SERVICE
MANAGEMENT AWARD
County Manager Tom Jenkins recommended the resolution be continued to a later meeting.
The Board continued the resolution confirming excellence in public service management award to a later meeting.
RESOLUTION, RE: CONFIRMING EXCELLENCE IN PUBLIC SERVICE
County Manager Tom Jenkins advised annually awards are given to an employee and management employee to recognize outstanding job performance, contributions to the community, and professional development. He stated the selection committee consists of the County Manager, Human Resources Director, and several Department Directors serving on a rotation basis; and the recipient is not notified in advance, so this is a surprise today. He read a resolution commending Barbara Meyer, Pedestrian and Bicycle Coordinator, for receiving the Excellence in Public Service Award. Mr. Jenkins advised Ms. Meyer has made a commitment to child safety for which she is respected statewide and nationally; and she has a number of accomplishments to her credit. He stated she initiated a program utilizing a State grant to properly train school crossing guards which is being used as a prototype statewide; she developed a program to acquire and distribute bicycle helmets free of charge, and coordinates with various law enforcement agencies to distribute helmets as part of the community policing programs; she conducts bicycle safety seminars and rodeos for school-age children; and in 1997 she conducted 50 seminars and rodeos at which 850 bicycle helmets were distributed. He stated the seminars and rodeos are generally conducted on weekends and holidays; and Ms. Meyer has willingly worked after hours due to her dedication to the program and to children. He stated she trains elementary school physical education teachers to conduct bicycle safety programs as part of the PE curriculum; she spearheaded the formulation of a school access safety committee to address pedestrian, bicycle, and bussing safety issues; and she spends numerous evenings meeting with interested homeowners? associations and other citizens? groups to coordinate safety issues, especially at the beginning of the school year. He stated Ms. Meyer is currently working on an initiative regarding greenways and linear park planning; she is meeting with numerous citizens groups to provide guidance and advice in park and greenway development; and she is active in community activities at Grant Community Center, including children?s social activities and reading programs. He stated Ms. Meyer is a dedicated employee who has demonstrated her commitment to the safety of children and her community; and congratulated Ms. Meyer.
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to adopt Resolution commending Barbara Meyer for achieving the Excellence in Public Service Award, and for her contributions to the community. Motion carried and ordered unanimously.
Ms. Meyer stated it has been an honor and privilege to work for Brevard County and to have the support of the Board at all times; and thanked the Board for its recognition.
DISCUSSION, RE: IMPLEMENTATION OF CONSTITUTIONAL REVISION NO. 12
Robert Eisenhauer advised the issue is public safety, and the amendment will not do that. He stated background checks are arbitrarily denied; Florida Department of Law Enforcement and the FBI systems are not accessible to private citizens; there is no valid mechanism to do background checks; and inquired if private citizens pay gun dealers to do it, how will they know if it is done. He stated there is no legitimate reason to impose a waiting period; it has nothing to do with public safety; and areas with long waiting periods have the highest crime rates. He recommended the Board approach Tallahassee and the FBI and appeal to them to remove the restriction that prohibits private citizens from doing background checks if they want to sell firearms.
John McCorquodale advised an article in Florida TODAY on December 28, 1998, said crime was the lowest since 1973; and another article on December 31, 1998 said, "murder rate falls again in Nation?s largest cities due to alternative to mandatory sentencing and good detective work"; and enforcement of the laws on the books may reduce the crime rate in Brevard County. He requested the Board talk to the Sheriff and other agencies and come up with something that will work.
Floyd Merckle advised he called eight law enforcement agencies in the County and asked if anyone recalled, or if there is a record, of a firearm traced back to a gun show purchase; and none recalled that. He stated he asked if gun shows were sources of firearms used in crimes; and the vast majority said no, they are stolen or bought on the street. Mr. Merckle stated honest people go to gun shows; and if private citizens must do a background check, it will stop the transfers they do at gun shows because there is no mechanism in place to do background checks. He stated they are not dealers; they do not know a dealer who would do it for free; dealers are charged $8 by the State for background checks, and would add his fee to do background checks for private citizens; and it will not accomplish anything, because it is not the problem.
Commissioner Higgs advised the proposal before the Board is the implementation of Constitutional Amendment 12 that would impose a waiting period; it does not affect private gun sales; and the amendment was supported by 80% of the people.
Tim Moore advised there is a method to implement Florida Statute 790.065; and read a report. He stated the objection of no way to handle it is being addressed by FDLE; and read a report on requests for background checks, approvals, denials, and gun shows. He stated the amendment will close a loophole; and recommended the Board direct the County Attorney to develop an ordinance and advertise it for a public hearing.
Chairman Scarborough inquired how will a background check work; with Commissioner Higgs responding FDLE said it is simple, and recommended requiring gun sales to flow through a dealer who can use the program.
Commissioner Voltz inquired if the amendment is implemented, will it eliminate gun shows; with County Attorney Scott Knox responding it should not. Commissioner Voltz advised crime has gone down, but juvenile crime has not gone down; they do not go to gun shows; so this amendment does not address juvenile crime. She stated the Second Amendment rights are important; this amendment will not stop the criminal from buying a gun of the street; but it will affect law-abiding citizens.
Commissioner Carlson inquired if Florida Statute 790.065 and federal law make it a felony to sell firearms to criminals; with Mr. Knox responding he would have to look that up. Commissioner Carlson advised her office contacted FDLE; they suggested unlicensed gun dealers have agreements with licensed gun dealers to do background checks; if they want to put an ad in the paper to sell a gun, they can; and inquired why only licensed dealers are covered when it should be fair on both sides.
Chairman Scarborough advised there are a lot of questions; and rather than Mr. Knox giving answers now, they should make a list of questions from the Board and community and share it with the Sheriff. He stated if that is agreeable, the Board will give Mr. Knox time to look at more questions and find the answers. Commissioner Carlson inquired if the Board will continue discussion of this item after lunch; with Chairman Scarborough responding no, each Commissioner will put together questions and forward them to the County Attorney and Sheriff for comments; and the item will be rescheduled to consider their responses. He recommended Commissioners and the public get their questions to Mr. Jenkins in one week so he can give it to Mr. Knox.
Motion by Commissioner Voltz, seconded by Commissioner Higgs, to continue discussion on implementation of Constitutional Revision No. 12 until March 9, 1999, and instruct each Commissioner and the public to get their questions to County Manager Tom Jenkins within one week. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 2 - WILLIAM AND PATRICIA BALDWIN
Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, as petitioned by William and Patricia Baldwin.
There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, as petitioned by William and Patricia Baldwin. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 2 - SUSAN R. WESSNER
Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, as petitioned by Susan R. Wessner.
There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, as petitioned by Susan R. Wessner. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN MELBOURNE
MANOR, SECTIONS B AND E - KARL AND SUE YOUNG
Chairman Scarborough called for the public hearing to consider a resolution vacating rights-of-way in Melbourne Manner, Sections B and E, as petitioned by Karl and Sue Young.
Commissioner Higgs advised last year staff looked at an overall plan where vacatings would not cause problems in the future; this vacating could have future property owners boxed out; and recommended the public hearing be continued, and staff be directed to look at future transportation issues that may be caused by the vacating.
Karl Young inquired if there is a way to do it today; with Chairman Scarborough responding the Board will need answers. Mr. Young stated there were questions raised by Gwen Heller affecting one piece of property behind his property; he wrote to all property owners within 500 feet and heard no objections; the two east/west roads end in marshes; so it should not affect anything except probably one property owner; however, it does not eliminate access to his property, but reroutes it to come in from the west.
Assistant Public Works Director Ed Washburn advised the Traffic and Land Development Departments reviewed the petition; they contacted the owner in Illinois; Lots 1 and 2 are very wet areas; and access would not be cut off, because he could still access from the south. Commissioner Higgs advised if they have to access from Grant as opposed to Cory, it would be more expensive to develop. Mr. Washburn noted it will be a longer road.
Commissioner Higgs stated there is an overall plan; and it makes sense to have the plan before beginning to vacate in that area to determine if others will be negatively impacted by the vacating. Mr. Young stated the roads dead end into swamps. Commissioner Higgs inquired if it was continued for two weeks, would it affect Mr. Young, with Mr. Young responding he will have to agree with what the Board says; and assumes various Departments brought up what they felt were objections. Commissioner Higgs stated it will allow the Board to assure it has a plan and if they can resolve the issues, Mr. Young would not have to come back. Commissioner Carlson stated the map does not show need analysis, and there are a lot of wet areas.
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to continue the public hearing on a resolution vacating rights-of-way in Melbourne Manor, Sections B and E, as petitioned by Karl and Sue Young, until January 19, 1999. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENTS IN
BAREFOOT BAY, UNIT 2 - W. NORMAN AND MARIAN FRANCK
Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easements in Barefoot Bay, Unit 2, as petitioned by W. Norman and Marian Franck.
There being no objections heard, motion was made by Commissioner Higgs, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easements in Barefoot Bay, Unit 2, as petitioned by W. Norman and Marian Franck. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN
STONEBRIDGE SUBDIVISION - THOMAS BUKER AND LARA SCOTT
Chairman Scarborough called for the public hearing to consider a resolution vacating public utility easement in Stonebridge Subdivision, as petitioned by Thomas Buker and Lara Scott.
There being no objections heard, motion was made by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution vacating public utility easement in Stonebridge Subdivision, as petitioned by Thomas Buker and Lara Scott. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE
EASEMENT IN BRANDYWINE ESTATES - LOUIS AND DARLENE RUSSO
Chairman Scarborough called for the public hearing to consider a resolution vacating public utility and drainage easement in Brandywine Estates, as petitioned by Louis and Darlene Russo.
There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution vacating public utility and drainage easement in Brandywine Estates, as petitioned by Louis and Darlene Russo. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN INDIAN RIVER
GROVES AND GARDENS, AND ACCEPTING DEDICATION - HUGH EVANS, JR.
Chairman Scarborough called for the public hearing to consider a resolution vacating rights-of-way in Indian River Groves and Gardens, as petitioned by Hugh Evans, Jr., and accepting dedication.
Motion by Commissioner Voltz, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating rights-of-way in Indian River Groves and Gardens, and accepting dedication, as petitioned by Hugh Evans, Jr., until January 26, 1999. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: ORDINANCE CONSIDERING AD VALOREM TAX EXEMPTION
FOR MET-CON, INC.
Chairman Scarborough called for the public hearing to consider an ordinance considering ad valorem tax exemption for Met-Con, Inc.
Commissioner O'Brien advised the company will provide 20 new jobs at average annual salaries of $30,000; it has been a local company since 1985 that fabricates structural steel and miscellaneous steel products for use in industrial aerospace locations; and it looks like a good deal for economic development.
There being no objections heard, motion was made by Commissioner O'Brien, seconded by Commissioner Voltz, to adopt Ordinance granting an economic development ad valorem exemption to Met-Con, Inc., 465 Canaveral Groves Boulevard, Cocoa, Florida 32926; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of Chapter 196.012, Florida Statutes; providing for proof of eligibility for exemption; providing for annual report by Met-Con, Inc.; and providing an effective date. Motion carried and ordered unanimously.
PUBLIC HEARINGS, RE: ORDINANCES CREATING JUDY KAY ROAD PAVING MSBU
AND FARNSWORTH AVENUE ROAD PAVING MSBU
Chairman Scarborough called for the public hearings to consider an ordinance creating Judy Kay Road Paving Municipal Service Benefit Unit (MSBU), and ordinance creating Farnsworth Avenue Road Paving MSBU.
Commissioner Higgs read a letter from the residents of Farnsworth Avenue, as follows: "Dear Commissioners. We would like to express that we would like to keep Farnsworth Avenue a dirt road. We understand Farnsworth has reached the required 51% to begin the MSBU paving project, and also realize you are trying to contain road maintenance costs; however, we?d like you to entertain the thought of allowing the property owners the option of assuming the additional cost of the road maintenance to keep it dirt. We know it?s unusual, but Farnsworth residents do not want the road paved. A dirt road gives us the rural living we are seeking by living in Valkaria/Grant area, and also keeps down the traffic, as many people just won?t drive down a dirt road. I?m sure there will be other residents in the future that would also like to keep their roads unpaved. Reducing the frequency of the road maintenance in the non-rainy months as there is no need for the amount of maintenance we currently receive, would also help contain costs. We have a very good base that withstands the amount of traffic we are receiving. Thank you for reconsidering the Farnsworth Paving project. There is no compelling reason to go ahead with the paving of this road at this time. The residents don?t want it." Commissioner Higgs advised the residents affected by the MSBU Program do not desire to have the road paved; and requested would the Board direct staff to research the issue of whether or not an unpaved road with residents assuming the additional maintenance costs would be possible. She stated a lot of people are not interested in paved roads; they understand there are implications, not only countywide, but to roads around them; and they are asking for staff to conduct a thorough study of costs and implications, and the Board consider that prior to moving forward with the MSBU program. She requested, on behalf of the residents, to continue the public hearings on the two ordinances, and ask staff to conduct a study and bring it back to the Board as soon as possible so it can determine if it is possible to leave the dirt road and allow the residents to pay the additional cost.
Commissioner O'Brien advised the County wants to pave roads at a certain point so people who own property beyond that point can have a dirt road and develop their properties once 51% of the people build on their properties along the 1,320 feet of dirt road. He stated during the public hearing on a vacating, the Board talked about the adverse effect on other people?s properties that could be caused by vacatings; not paving the road may adversely affect people who have property beyond the 1,320 feet; therefore, it should be paved so those who want to develop beyond that point can do so. He stated that is what the rules are for; and if the Board changes it, it will jeopardize a lot of other areas in the County. He stated the Board has to be extremely careful with this request.
Commissioner Higgs stated Commissioner O'Brien is right; there are implications beyond Farnsworth Avenue; and there are countywide and development implications in the area. She stated some of the things the Board discussed were whether dirt roads were necessary to be paved; could people access and develop from another paved road to meet the 1,320 feet; and does the County have to have the 1,320 feet, or is there another number that is not arbitrary that may be acceptable to allow the dirt roads to proceed. She stated the residents understand the implications; but what they are asking is to see if the conclusion is still the same as it has been before. She stated there is no absolute need to adopt the ordinances today, and recommended giving staff time to look at the issues and come back to the Board with a report.
Commissioner O'Brien inquired if staff looked at the issues; with County Manager Tom Jenkins responding staff has done some cost estimates on maintenance which it provided to the Board. Commissioner O'Brien inquired if anyone spoke to property owners who would be adversely affected beyond the people in the area; with Mr. Jenkins responding no. Commissioner O'Brien stated staff has to talk to people who own property beyond the 1,320 feet.
Commissioner Voltz advised with Farnsworth Avenue, there are only a few property owners who may not be able to do something with their property; but if the Board allows this to happen, it will have a countywide effect, and the Board would not be able to get information on how everyone in the County who could be potentially affected would feel.
Commissioner Carlson suggested staff look at the implications, define rural versus urban zoning, and readdress that in the Future Land Use issues. She stated since she has been on the Board, she has heard those who live in rural areas do not want their roads paved; and from other information she received regarding MSBU?s, it seems there may be other possibilities. She suggested when deciding on an MSBU, if the residents sign the papers saying they have an option, when the permitting process is at the 51%, to have another poll to ask them if they want the road paved or unpaved; and stated whatever direction they want, the MSBU would apply to that choice so they pay the cost either way. She inquired if that is a possibility. Assistant County Manager Peggy Busacca stated it would be something staff can investigate to see what it would mean.
Commissioner Higgs stated there are all kinds of implications, such as whether or not the Board wants to require roads to be paved; if it does not require it, what it wants to do with the 1,320 feet
for other people to build on unpaved roads; what does it mean when they look at West Canaveral Groves; some people have to pave and some people do not have to pave, etc.; so it is a complicated issue. She stated the residents are asking the Board to look at all the implications legally and in terms of development before it votes, and make a decision on their road based not only on their circumstances but on the other implications as well. She stated they want the Board to look at it before it assesses the MSBU on paving their road.
Motion by Commissioner Higgs, to continue the public hearings on ordinances creating Judy Kay Road Paving MSBU and Farnsworth Avenue Road Paving MSBU until February 23, 1999, and direct the County and staff to return with a report on the full implications and possibilities regarding paved roads and unpaved roads.
Commissioner O'Brien stated the Board often discusses quality of life issues for the County; and inquired if it wants to be a county of unpaved roads. He stated that was the first question asked when he came on the Board and it was asked again last year; and inquired where does the Board start saying it has plans for the future of Brevard County and it is not dirt roads. He stated people who live in the woods want dirt roads; however, it will not remain a County of living in the woods forever; and when growth starts taking place, they will come back to the Board without an MSBU and say pave the road and pay for it. He stated West Canaveral Groves is a good example of problems that surface when property starts to develop.
Chairman Scarborough stated it is a complex issue; it can set up problems for future boards; it was a mistake to let West Canaveral Groves get to the point it did; and sooner or later people will want the urban services but not want to pay for it; so it shifts from their obligation to everyone?s obligation if paid for from the General Fund or shifted from transportation systems that benefit everyone to do dirt roads in areas where it benefits just a few people.
Commissioner O'Brien seconded the motion. Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously.
Chairman Scarborough recommended staff review to the greatest extent possible, all the implications, because it is important that the Board sees everything.
The meeting recessed at 10:22 a.m., and reconvened at 10:43 a.m.
AGREEMENT WITH FLORIDA OFFICE OF TOURISM, TRADE AND ECONOMIC
DEVELOPMENT, RE: GRANT FOR IMPROVEMENTS AT KENNEDY SPACE
CENTER ON BEHALF OF THE BOEING COMPANY
Chairman Scarborough advised the Agreement is for a grant of almost one million dollars.
Motion by Commissioner O'Brien, seconded by Commissioner Voltz, to execute Agreement with Florida Office of Tourism, Trade and Economic Development for a grant on behalf of The Boeing Company for improvements at Kennedy Space Center. Motion carried and ordered unanimously.
APPOINTMENTS, RE: CONTRACTORS LICENSING BOARD
Commissioner Voltz advised she has only two appointments to the Contractors Licensing Board; and inquired if there will be more people on that Board. Staff advised the Ordinance is being rewritten to include two more people; and District 5 only has two because that is the way it fell out.
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to appoint and/or reappoint Bob Morgans, Bud Crisafulli, Michael Wiedman, Lena Nordell, Franklin T. Livingston, and Richard Nix to the Contractors Licensing Board, with terms expiring December 31, 1999. Motion carried and ordered unanimously.
DELEGATION TO COUNTY MANAGER, RE: PURCHASE OF USED FIRE ENGINES
Motion by Commissioner Voltz, seconded by Commissioner Carlson, to authorize the County Manager to approve the purchase of two used fire engines as recommended by the Fire Chief. Motion carried and ordered unanimously.
PERMISSION TO BID AND EXERCISE OPTIONS ON BID #B-4-8-195, RE:
SCAT FY 1999 VEHICLE ACQUISITION FOR VANPOOL
Motion by Commissioner Voltz, seconded by Commissioner Higgs, to grant permission to bid and exercise options on Bid #B-4-8-195, SCAT FY 1999 Vehicle Acquisition for Vanpool. Motion carried and ordered unanimously.
PERMISSION TO CREATE, ADVERTISE AND AWARD RFP, BORROW FROM EMS
ASSESSMENT RESERVE, AND REMOVE VENDOR FROM LIST, RE: FIVE-YEAR
PURCHASING PLAN FOR FOUR ENGINES PER YEAR
Motion by Commissioner Voltz, seconded by Commissioner O'Brien, to grant permission to create and advertise request for proposals to purchase four fire engines per year for five years; award the proposal to the lowest qualified vendor; approve loan from EMS Assessment Reserve up to $880,000 to proceed with a purchase order previous to the affected fiscal year to reduce loss time due to vehicle assembly; and approve recommendation of the Fire Chief to remove Pierce Fire Equipment from the qualified bidder/vendor list until the vendor corrects the body corrosion problem to the satisfaction of the Fire Chief. Motion carried and ordered unanimously.
Commissioner O'Brien advised on November 3, 1998, the people voted in favor of the fire fighters referendum and provisions to purchase four fire engines per year and third-person staffing; and delivery time is ten months.
ESTABLISH DATE, RE: SPECIAL ELECTION FOR NORTH MERRITT ISLAND
DEPENDENT SPECIAL DISTRICT ADVISORY BOARD
Commissioner O'Brien advised on December 15, 1998, the Board adopted an Ordinance creating the North Merritt Island Dependent Special District Advisory Board; and to elect members to the board a special election is needed for Precinct 15 only. He stated Supervisor of Elections Fred Galey recommended March 9, 1999, so qualifying will be from January 19 to 25, 1999.
Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to establish the date of March 9, 1999 for a special election for North Merritt Island Dependent Special District Advisory Board.
Commissioner Carlson inquired how many members will be on the board; with Commissioner O'Brien responding seven. Commissioner Voltz inquired where is the $3,500 to pay for the special election coming from; with County Manager Tom Jenkins responding the Board?s contingency fund.
County Attorney Scott Knox advised a resolution is required to call for the election.
Commissioner O'Brien amended the motion to include a Resolution calling for the special election in the motion; and Commissioner Carlson accepted the amendment.
Chairman Scarborough called for a vote on the motion as amended. Motion carried and ordered unanimously.
RESOLUTION, RE: Y2000 PLANNING
Commissioner Carlson advised she talked to County Manager Tom Jenkins about Y2000; she wants to ensure the Board is able to deal with noncompliance issues; and Mr. Jenkins created an action plan task force with three members, and a resolution that would outstretch the County?s arm to others it does business with to go forward with a comprehensive effort and make sure business goes on as best it can. She read the resolution encouraging major service providers, and federal, state and local governments to work cooperatively with the County in assessing potential problems and service disruptions, and endorse a plan of action presented by the Y2000 Project Team.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Resolution encouraging cooperation with the County in assessing potential problems and service disruptions in the year 2000. Motion carried and ordered unanimously.
Commissioner Voltz recommended the Board consider, during budget hearings, placing additional funds in the Contingency Fund to take care of any potential problems that may occur. She requested a report on the status of the SAP project and if it is on schedule.
Information/Communications Systems Director Gino Butto advised they are developing the detailed planning for the financial package replacement now. He stated there will be monthly reports at a very high level, and there will be biweekly steering committee meetings to review that, and weekly meetings on the progress of the day-to-day operations.
REQUEST TO DELAY SEWER CONNECTION REQUIREMENT, RE: MERRITT PARK
PLACE AREA
Doug Robertson, Consultant for MIRA, introduced Linda Malika, President of Merritt Park Place Association, and Sandy Natowich, MIRA Board member and past president of Merritt Park Place Association; and stated several months ago the Board amended the Redevelopment Plan to prioritize Merritt Park Place for infrastructure improvements, primarily stormwater drainage and sewer improvements. He advised the MIRA Board has made significant progress in that direction and is currently completing the design and engineering for Phase 1 of the project, which is Grove and McLeod Streets. Mr. Robertson advised there is a requirement for a property owner to connect to the sewer line within one year of its installation, and pay the impact fees at the time of hook up; most of the businesses on the street are relatively small "mom and pop" businesses, and would find it difficult to immediately pay the impact fees for sewer hook up; and the MIRA Board concluded that some flexibility is critical to get the support of the entire community for the project, and requests that the Board allow the property owners five years to hook up to the sewer lines. He stated they feel it is good for the environment since the concentration of septic systems is very close to the Indian River and very old; it is good for the sewer plant since it is functioning at 50% capacity and needs customers; and it is good for the economy. He stated in the event any septic tank fails within the five years, those owners would be required to hook up to the sewer and not repair the septic system; and any one can hook up to the system within the five years, and would be encouraged to do so.
Commissioner O'Brien advised this can be one of the most significant actions taken by the Board that will have a positive impact on the water quality of the Indian River Lagoon; and without the provision, it would pose a financial burden on property owners which would result in their opposition to the sewer project. He stated they are seeing funds from the State to help with the project; it is an entire community that is now coming back after so many years; and it could be a competitor to Cocoa Village if everything turns out right over the years.
Chairman Scarborough inquired if it is delayed, how would it play out; would it do danger; and what happens in those environments if the Board does it here. He inquired what is an exception to what, and how does the uniform County policy apply; and stated the Board needs to look it over. He stated he will support it, but there are numerous examples in his District which cause him concern. Commissioner O'Brien stated he understands, but this is an entire neighborhood being rebuilt and they are not saying they will not pay, but they just want more time. Commissioner Higgs stated the Board should not do it for Merritt Park Place until it looks at the overall policy; so the first step has to be what policy is applied and how it can be applied countywide as well as to this situation. Commissioner O'Brien stated it is a redevelopment area and not just any area in the County.
Mr. Robertson stated he understands that to make it work, the Board has to amend its Ordinance, so Commissioner Higgs is right; and as long as the Board agrees, and he can tell the people the Board is going to modify its Ordinance to allow it, that would work for the community. Commissioner Carlson stated she agrees the Ordinance needs to be reviewed; and inquired if Commissioner Higgs is asking to postpone the item until the Ordinance is reviewed, and to do it all at one time. Commissioner Higgs stated she cannot support a particular instance such as Merritt Park Place until there is a provision in the Ordinance that would apply to any similar situation; so the Ordinance needs to be amended first, then the provisions applied to this instance. Mr. Robertson inquired if it would be in order to approve this request, then direct staff to modify the Ordinance and bring it back to the Board.
Commissioner Voltz stated she will support it because anything government can do to get rid of septic tanks and help residents on their payment issue is always good; nobody wants sewer because it is very expensive; but if they knew about it five years in advance, they could begin to prepare for it. She stated getting rid of septic systems will protect the Lagoon; and the Board needs to address Merritt Park Place because it is right on the River.
Motion by Commissioner O'Brien, to direct staff to return with amendments to the Ordinance to include needed verbiage to accomplish the task.
Commissioner Higgs stated the Board is not approving Merritt Park Place today, just indicating to staff to bring back amendments to the Ordinance as soon as possible so the Board can consider the particular situation. Mr. Robertson inquired if he could tell the property owners that the Board has agreed to modify the Ordinance to allow that provision; with Commissioner Higgs responding the Board has not agreed, so Mr. Robertson should not tell them that until it does. Chairman Scarborough stated until the Board holds a public hearing, there is no ability to do that.
Commissioner Higgs seconded the motion. Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously.
FINAL PUBLIC HEARING, RE: ORDINANCE ESTABLISHING TEMPORARY MORATORIIUM
ON ISSUANCE OF DEVELOPMENT PERMITS FOR POWER PLANTS
Chairman Scarborough called for the final public hearing to consider an ordinance establishing a temporary moratorium on the issuance of development permits for power plants.
Commissioner Carlson advised this is the second reading of the moratorium ordinance; the County has not received some of the information from Constellation Power Corporation that it asked for regarding computer modeling and emissions issue; but she found out Department of Environmental Protection is very interested in Constellation?s permit application, and has several questions, so the permit will not go forward until those questions are answered. She stated Department of Environmental Protection has scheduled a meeting on March 3, 1999, at 7:00 p.m. in the Agricultural Center; and it may be a good idea to attend that meeting to answer any additional questions the public may have. She noted from her perspective, given that the Board voted unanimously to pass the ordinance the first time, she assumes that may happen again.
Chairman Scarborough stated that may be the direction the Board is heading, but it has to hold the public hearing first. He asked people who were in attendance pro or con to rise; and noted the vast majority did not put in cards to speak. He explained the lighting system for speakers; and instructed the County Attorney to explain what the moratorium is.
County Attorney Scott Knox advised the moratorium ordinance will prevent development of any power plants until the County adopts regulations that allow it to consider applications for power plants. He stated currently the County does not have regulations in place, so the ordinance will put a stop to any development of power plants until the regulations are adopted.
Attorney Leonard Spielvogel, representing Constellation Power Corporation, stated he appreciates there is a management problem managing the time of the Board, but it is not fair, and wonders if it is procedural due process, to afford his client the same time, three or five minutes, as everyone else when there is a multitude of people. He stated at the last meeting there were 55 cards from people speaking in opposition; so the Board should consider a process whereby an opportunity is afforded an applicant to respond to the positions taken by others. He noted it is a denial of fairness to an applicant. Chairman Scarborough stated if there is something that needs to be answered, the Board wants to have all questions answered, so it will proceed on that premise. Mr. Spielvogel advised because of the time factor, there are three points he wants to make, one being the statement made by members of the audience that his client was trying to sneak something into the County, and except for the tax abatement, they would not have known what was happening. He stated if they were trying to hide something, or sneak in, or do a disservice to the County, all they needed to do was not request a tax abatement. He read Section 102.186(b) of the County Code, regarding tax abatement, as follows: "The application shall be filed prior to the application for a certificate of occupancy or prior to the installation of tangible personal property." He stated if they thought they were bringing something that was detrimental to the health of the County, they would have simply made application and got underway with their construction because they have the zoning today; but they did not do that. He stated on the contrary, they believe and are convinced what they are bringing to the County is something that is perfectly acceptable within the guidelines and will be an asset to the County. Mr. Spielvogel stated his second point is that the moratorium is aimed at his client; there are no other power plants making a request; and he would suggest there is no need for a moratorium because his client is vested in its request to go forward under the present zoning. He stated they did not come out of the blue; they have been consulting in the County for years; they have been meeting with representatives of the County and dealing with the State; and they have spent close to half a million dollars on site review, tying up properties they seek to occupy, etc.; and they have not been operating in any sort of vacuum. He stated they have operated under the law; and as a lawyer that takes on a great importance to him; they were doing what they were permitted to do by law; and they were not doing it surreptitiously. Mr. Spielvogel advised they are meeting the requirements of Department of Environmental Protection; they will have a public hearing which is part of the process; and he has consultants present who can address that. He stated they spent half a million dollars before December 1, 1998 which is when it became an issue as to whether or not the County wanted to impose a moratorium. He stated there are no public health, safety, or welfare issues involved in their application; they are subject to licensing, permitting, and review by 29 different agencies; they have to deal with the Environmental Protection Agency and be reviewed by the Florida Department of Environmental Protection, Bureau of Air Regulation; so there is no question they will be governed very strictly. Mr. Spielvogel advised the third point concerns him; his client made an offer to the County to reimburse the County up to $20,000 to employ an independent consulting firm, selected by the County; the reason for that is to determine the truth; they have consultants here today, but they are Constellation?s consultants; and because of that, they are suspect; so his client is saying to the County, hire somebody who can tell you what is so. He stated Florida Power & Light Company?s plant in Port St. John is permitted to burn fuel that has a sulfur content of 2.5% by weight; they are perfectly legal in doing that; that was the law 30 years ago when they started operation; and that is what they are permitted to do; however, under the present requirements, his client is limited to 0.5% of sulfur by weight. He stated that means 50 times less in amount of sulfur can be put out of their facility than what Florida Power & Light Company can put out; and it annoys him, when someone like Leroy Wright gets up before the Board and supports that, because the sulfur is what unites with the atmosphere to become sulfuric acid and which constitutes acid rain; so there should be a real interest in doing what is possible to limit that kind of emission. He stated that is just one example, and he cannot give the Board a lot of examples, but they have consultants who can. He stated it would seem there would be a real urgency on the part of the Board as part of its fiduciary obligation to the County, to take them up on that offer. He stated it is not a bribe; they are not intimidating anyone; they are not coercing anyone; they are simply saying they want to make that money available to the County so somewhere it is written "you should know the truth, and the truth shall set you free." He stated it would seem to him that the Board would take them up on that offer, get the facts, have its own consultant who can tell it so the folks with their concerns will know the truth.
Chairman Scarborough stated that is outside the scope of the public hearing; and inquired if Mr. Spielvogel had certain people he wanted to call in a sequential order; with Mr. Spielvogel responding no, they are here to respond to questions like the matter of the Department of Environmental Protection hearing and what the significance of that would be.
Jerry Hudson, John Schlie, Douglas Sphar, Helen Steinberg, Dorothy Amstadt, Florence Broaddus, Fred Hanby, Glenn Turner, Tom Berringer, Janice Eide, Shirley Zillig, Mary Tees, Sam Kessler, Rod McGowen, Larry Azevedo, Maria Azevedo, Nicki Kisner, Craig Bock, Leartis Brothers, Bob Waters, Marilyn Waters, Phillip Schlessmann, Eleni Boase, John Boase, Stewart Bassett, and Margaret Bassett, addressed the Board in opposition to the Constellation power plant
and expressed concerns about pollution, large usage of water, impact on wildlife, tourism, air quality, and health, deregulation of electric industry, being the County of choice for industries that are not considered clean industries, pituitary tumors, reduction in property values, affects on elderly people, burning of more oil than gas, why the property was chosen, traffic problems, lung-related problems, water resources for fires, aesthetics, depletion of water supply, polluting boondocks if moved out in those areas, protecting the rights of their children and grandchildren, loss of retirees moving into the area, the company not keeping its promises, and which country is building or financing the plant. They all supported the moratorium, and several recommended establishing policies and legislation that will govern all polluting-type industries, not only power plants.
Richard Wolfinger, Project Manager for the Oleander Power Project; Elliot Loyless, Consultant to Constellation Power, and Richard Zwolak, Environmental Planner, who identified sites throughout Florida for Constellation Power, described and explained the project and the reason for the site selection; noted they are in the wholesale business; stated some of the statements made were not true; and recommended an independent source to test anything Constellation says.
Commissioner Carlson advised the next step in the process will be on February 16, 1999; there is time to answer questions and go through additional hearings to get input on the CUP; and hopefully staff will address all possible users and not just the power plant. She stated the Board needs to address all potential polluters that could come to Brevard County.
Motion by Commissioner Carlson, seconded by Commissioner Voltz, to adopt Ordinance establishing a one hundred twenty (120) day temporary moratorium on the issuance of development permits for power plants in the unincorporated area of Brevard County; setting forth the purpose of the temporary moratorium; setting forth the extent of the temporary moratorium; providing for exemptions; providing for extensions and expiration of the temporary moratorium; providing for conflicting provisions; providing for severability; providing for area encompassed; and providing an effective date. Motion carried and ordered unanimously.
DISCUSSION, RE: CAPITAL NEEDS AT BREVARD DETENTION CENTER
Sheriff Phil Williams introduced Stacey Hall, Mike Abels, and Commander Petty who would make a presentation to the Board or answer questions regarding the overcrowding problem at the jail. He suggested establishing a citizens committee to study the conditions and issues at the jail with a particular focus and deadline. He stated he would like the Committee to study such things as if it is expansion, what would it cost, what funding source would be available, where would it be located, and programs and creative ideas to reduce overcrowding.
Stacey Hall gave statistics of Brevard County?s population of 417,370 in 1992 and 460,977 in 1996; and noted the continuing increase is in the age group of 25 to 44. She stated the Brevard County jail is the 15th largest in the State in inmate population; the average daily population was 870 in 1996; and in October, 1998, the average daily population rose to 1,179. She advised in 1983, the
U.S. District Court set forth standards and conditions mandating the operation of the jail; the jail was built in 1986 for a capacity of 384 inmates, and future construction of two pods; the kitchen and laundry areas were built for potential capacity of 576; and by double-bunking three of the four pods,, capacity was increased to 632 beds when the jail opened in 1987. She advised of further improvements, primarily double-bunking, which increased the capacity of the jail to 1,030 beds. Ms. Hall advised the average daily population for November, 1998 was 1,135 inmates; and if it continues to grow as it has, by the year 2003, it will be over 1,800 inmates in a facility that was originally designed for 384 inmates. She stated the average age of inmates is 33 years; with the population in Brevard County increasing in age group 24 to 44, the jail population will continue to increase; but as the number of inmates increases, the average number of days an inmate spends in jail has decreased because steps are being taken to lessen the time an inmate spends in jail. She stated the number of bookings and the number of pretrial release interviews being conducted have increased, but the actual number of pretrial releases has decreased. She advised of enhancements to the laundry and kitchen facilities, and changes made in the main facility to accommodate more violent offenders; and noted the current facility affords no other avenues to increase capacity. Ms. Hall stated the jail is located on approximately 50 acres, with approximately 25 acres available for use; it was designed to add two pods, but does not take into consideration that the laundry and kitchen areas were built around 576 capacity although they have been operating much more than that; and she would like to consider a separate standing facility to act as a central booking/receiving area and to house 300 to 500 medium and maximum security inmates. She stated the medium and maximum security space is a priority need at this time; if construction were approved today, it would take three to four years to complete; and inmate population will be at 1,800 to 2,000 at that time. She stated according to the Bureau of Justice Statistics in a 1998 Correctional Survey, the national jail population will continue to increase as it has over the past several years, so it is not only in Brevard County; Brevard County?s population per bed is 447.6 which places it near the bottom of the State; the Sheriff mentioned a citizens review committee; and she would like the Board to consider establishing the committee.
Sheriff Williams advised Brevard County is still under a federal mandate and consent decree to operate its jail; the average stay is 30 days or less; the people they have in there need to be in jail; he views this as a safety issue that needs collective attention; and how to approve it now with a vision toward the future is the issue. He stated the best way to do it is to involve the community in the study of the jail; he would like to hold committee meetings at the jail with a representative from the Board, Homeowners Associations, citizens at large, law enforcement, municipalities, etc.; and the Board should be involved in selection of those people to get a diverse cross section to address the many issues separate and apart from the numbers of overcrowding. He recommended forming a committee, giving it some guidelines, and submitting names for consideration, with the idea of getting underway in ten days with a study group and giving the group 90 days to review the issues.
Commissioner Voltz advised she will be happy to be the Commissioner who serves on the committee because she has an interest in it; it is important to the community; she has written a letter to the Sheriff asking about ways to cut down on jail overcrowding; and she would like to address some of the issues that were in that letter. She stated the Viera facility is not open 24 hours a day; police officers have to drive to Sharpes; and if the cost is weighed, it may be cheaper to leave Viera open which would save a lot of time also. Sheriff Williams stated it is something they can look at, but Viera is a holding facility until they get to the main jail. Commissioner Voltz stated there are a
lot of issues the committee can review regarding jail overcrowding versus building a new jail; the people spoke many times that they do not want to spend money on a new jail; that was as recent as 1996; but there is a problem that needs to be addressed; and a committee is a great way to do it. Commissioner Higgs agreed the problem needs to be addressed now and the committee is a way to go. Commissioner Voltz stated the Board needs to see if there are others who need to be on the committee. Sheriff Williams stated he would like to keep it at 15 members and reaching different parts of the community and organizations to get a good pulse of the community.
Commissioner Voltz inquired if the item needs to be put on the Agenda; with County Manager Tom Jenkins responding a resolution is needed which structures the committee and provide guidelines.
Commissioner O'Brien stated the Board had committees before; the end result is the same thing, yes, the jail needs to be expanded; it has to go on the ballot as a referendum; and the people say they do not care, the answer is no. He stated by establishing a committee, the Board will be repeating a process that has already been done. Sheriff Williams stated since the last committee, they have added over 200 beds, but the committee did not come up with that solution, the Sheriff?s Office did; they may end up with the same results, but he would like to address it once again to know from the citizens it is the final determination. Commissioner O'Brien stated one recommendation is to attach the court facility to an expanded jail; and he still questions the political inability to attach a jail to the courthouse at Viera where prisoners have to be anyhow.
Discussion ensued on transporting of prisoners through the heart of Brevard County; internal courtroom in the jail that is only appropriate for initial appearances, bond hearings, etc. and not a jury trial; taking the criminal section of the judicial system and putting it with the jail separate from hearings on probate, dissolution of marriages, land, and money damages; membership of the committee to include representatives of the Sheriff?s Office, Board of County Commissioners, Judiciary; homeowners associations, law enforcement, public health, etc.; staff not be members but resources to the committee; the committee walk through the facility to get a good feel of the overcrowding problem; having an ad hoc committee as opposed to advisory committee; a committee to educate the public; a School Board member on the committee; and defining the issues for the committee and not think that the outcome will be to build a new jail.
Chairman Scarborough inquired if an ad hoc committee would fall under the Sunshine Law; with County Attorney Scott Knox responding if the committee is going to provide any kind of recommendations to the Board at any time in the future, it has to be a sunshine group. Chairman Scarborough recommended a committee with representation from different categories from each Commission District, representatives of the establishment be staff support and interface with the committee, and consider alternatives and their true costs. He stated visual control reduces employees like checkout desks centrally located in libraries; and sometimes it is not what it costs to build, but how many people it will take to operate it.
Sheriff Williams advised members of the Board of County Commissioners, Sheriff?s Office, and Judiciary are essential; that would leave 12 members from the community. He stated they will do the clerical support for the committee.
Discussion continued on the makeup of the committee.
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to support a citizens jail review committee composed of 15 members, five appointed by the Sheriff, and ten appointed by the Board of County Commissioners with two selected from each Commission District.
Commissioner O'Brien recommended the motion be amended to begin on February 1, and dissolve in 90 days. Chairman Scarborough suggested collection of information end in 90 days, but the committee is critical to reach out to the community and he would not want it dissolved in 90 days.
Commissioner Higgs agreed to amend the motion to have the committee provide a report to the Board in 90 days.
Chairman Scarborough called for a vote on the motion as amended. Motion carried and ordered unanimously.
Mr. Jenkins advised staff will prepare a resolution defining the scope of the committee and bring it back to the Board.
Chairman Scarborough appointed Mary Tees and Chief Ross of Titusville Police Department to the Committee. Sheriff Williams requested all names be sent to him so he can notify the members of the initial meeting. Mr. Jenkins advised the meetings will require announcements as it will be a sunshine committee.
Roland Dexter stated many people do not trust government; and suggested the committee be made up of retirees and nobody connected to the Sheriff or the Board, to analyze the situation and come back with a formulation which the taxpayers would probably trust more than who is behind the money.
PERSONAL APPEARANCE - ROLAND DEXTER, RE: AVAILABLE FACILITIES IN 2000
Roland Dexter requested the Board form a citizens committee to prevail by planning sessions and publications concerning Y2K. He stated the County has to be prepared for a life-threatening disturbance; Mr. Jenkins listened to his concerns and published actions in the newspaper; but a broader plan needs to be developed to curb panic. He stated extended breaks in electrical power, phone, petroleum products, etc. could cause anarchy and social collapse; he has been making preparations for over a year like it would be a worldwide disaster; he cannot be optimistic about the millennial change because there will be disruptions; and read statements from Senators and agencies that there will be electrical breakdown. Mr. Dexter recommended the Board have a contingency plan defining how it and its citizens can act to avoid panic. He stated a committee could report to the Board in one month; and the Board should evaluate the seriousness of Y2K in the County?s structure, and determine what it will do to ensure there are water, sewage disposal, waste disposal, emergency support, local economy, justice department, and prisons. He stated if nothing happens, people will say the County spent money for nothing, but if it does happen, the County needs to be prepared.
Chairman Scarborough advised what is being addressed is not only what can occur in the County?s overall system, but to reach out to the business community as well, such as Florida Power & Light Company, water suppliers, etc. He instructed Mr. Jenkins to meet with Mr. Dexter; and noted there is no reason to have a citizens committee that will not be informed because it will not talk to the right people in the different structures.
County Manager Tom Jenkins advised staff is handling the County?s responsibilities involving personal computers, new software system, electrical devises with logic chips, and is not at closure but is making good progress. He stated they invited Charter Officers to participate and received responses from some of them; and after they get beyond the internal issues, they will have an exercise like emergency management that would be in phases. Mr. Jenkins advised the first phase will be to meet with cities and major providers of services, and to invite them to participate because they have no authority to mandate participation. He stated the first step is to do an assessment of where they are and tell them what the County is doing and how it is approaching it; and invite corporations such as Florida Power & Light Company to present what it is doing so the County is aware and can assist smaller jurisdictions on how to address the Y2K problem. He stated they will solicit written feedback from the major service providers; get that data and analyze it; and identify weak spots then conduct the Y2K exercise to anticipate breakdowns and failures so they can develop contingency plans as to how the County will respond to civil or service disruptions that may occur throughout the community. He stated once they get a feel for where they are, then they will respond to fix any problems.
Commissioner Voltz advised there will be a breakfast meeting with Melbourne Chamber of Commerce on the Y2K issue, and business people will say how it will affect business.
Mr. Dexter stated the committee should be retirees from law enforcement, NASA, the Air Force, CEOs of Harris, BellSouth, Florida Power & Light Company, and Brevard Disaster Chief.
Commissioner Carlson recommended staff get information to the people as they get it, and each Commissioner could send groups to the County Manager.
PERSONAL APPEARANCE - CLINTON DYER, RE: SHERIFF?S OFFICE ENFORCEMENT
OF COUNTY REGULATIONS ON OBSTRUCTION OF RIGHT-OF-WAY
County Manager Tom Jenkins advised the item has been withdrawn as the problem has been solved.
RESOLUTION, RE: AUTHORIZING JOINING FLORIDA SUSTAINABLE COMMUNITIES
NETWORK
Commissioner Voltz advised joining Florida Sustainable Communities Network could have far-reaching impacts on the community with land use regulations, etc.; and she does not want the Board to do anything until it gets more definite information as to how it can impact the County. Chairman Scarborough inquired if there is a need for action today; with County Manager Tom Jenkins responding no, Mel Scott was offering it as an option for the Board to take advantage of some free software; but the Board can delay it. Commissioner Voltz stated when the County gets the free software, it will have joined the network; and she does not want to do anything until there is more information.
Lillian Banks recommended the Board postpone the resolution and do more research; and inquired why must a resolution be signed to get the software. Commissioner Voltz stated the membership requires a formal resolution that expresses a community?s desire to become a member and participate in the network activities, but she does not know what those activities are. Ms. Banks advised five communities were sent 2.5 million dollars; one was Martin County; and Martin County should be reviewed to find out what happened there. She stated they raised taxes twice and some businesses closed and moved out; so the Board should research this issue before doing a resolution and committing to whatever the resolution says.
Dolores Kane recommended the Board do research first and see what is happening in the other five communities to determine if someone will be dictating how to do land use, housing, and employment. She stated it may take away the ability from elected officials and give it to a small elite group of people; so it is important to look at it and not create another bureaucracy.
Charles Moehle, representing Modern, Inc. which manages over 4,000 acres of real property in Brevard County, advised the Florida Sustainable Communities Network was initiated in Washington and came to the State through Department of Community Affairs which put out the initiative to regional planning councils to get local communities involved. He stated it was not a success over two years ago when it first started because people were concerned about what would come with it; and Brevard County does not know enough about it to go into it. He stated it should be workshopped and public hearings held because it will affect everyone for a long time, and further erode local discretion and control while increasing bureaucracy to coordinate higher State and federal guidelines into what the County wants to do. He stated the County does an outstanding job in planning and does not need to be involved with this program; and getting outside opinions will not help the community because it is farther along in the planning process and does not need "Big Brother" telling it what to do. He expressed concern about making commitments to get involved in the processes that are not to the betterment of Brevard County. Mr. Moehle stated the County has a long-standing problem with East Central Florida Regional Planning Council not addressing the issues that involve the region and things Brevard County is interested in; and this program will impact that problem further. He recommended the Board commit to further study it, investigate other agencies and their experiences, such as Martin County; and talk to Bob Allen about why he left Martin County.
Commissioner Higgs advised the resolution says Brevard County wants to be a member of the Florida Sustainable Communities Network, participate in its activities, make use of its resources, and share information with its members, then investigate opportunities to incorporate the principles of sustainability into existing planning policies. She stated the County would receive free software and become a part of the network; the network is communities of Florida, three which were charter members, and five which took grants from Department of Community Affairs; but they have speciall
agreements with Department of Community Affairs which are not part of this agreement. Planning and Zoning Director Mel Scott advised that is a separate issue. Commissioner Higgs stated the network the County would join includes other communities organized under the Department of Community Affairs.
Mr. Scott advised the Department of Community Affairs entered into an Agreement with Criterion, Inc. which is a planning and engineering firm from Portland; the firm has put together the software which enables communities to build into a database certain fields and parameters the communities decide represent a sustainable community; so as new developments come up, they can plug those into the computer model and determine whether or not the new development proposals mesh with what they have determined to be a sustainable mode. He stated the resolution will enable him to look at the database and see if it is worth pursuing; it does not commit the County; and it says the County will share information, but it does not commit it to tying into a bigger database.
Commissioner Carlson advised she sees the network subscription as a modeling tool to help the County better achieve the resolution the Board made unanimously in 1995 which was to promote the quality of life for the County; so she does not have a problem getting on line with the network. She stated the County can use the tool in a beneficial way to see how it can sustain itself when it comes to usage of water and other resources; and it is exactly what the County was looking for to come down the pipe to help it, so she would support it.
Commissioner Voltz advised from the definitions of sustainable communities she has seen, she does not think the County wants any part of it; there is no actual definition that tells it exactly what it is getting into; the resolution says "participate in network activities," but it does not say what kind of activities; and there is no reason not to wait and make an educated decision on exactly what it is the County is doing and what it is getting into.
Commissioner Higgs advised the principals of sustainability, as published by the Florida Sustainable Communities Network, states, "Sustainability is understood to encompass the following seven principles: (1) restore eco-systems, (2) create quality communities and jobs, (3) achieve a cleaner, healthier environment, (4) limit urban sprawl, (5) protect wildlife and natural areas, (6) advance the efficient use of land and other resources, and (7) embrace inclusive and participatory decision making." Commissioner Voltz stated she has seen five others and they are far different from that. Commissioner Higgs stated those are what was published by the group.
Chairman Scarborough advised there were two suggestions, one to call the counterparts in Martin County, and two to talk to Bob Allen who is back in the County, and ask him how it has adversely affected Martin County. He stated he would support it if it was not questioned, but he needs to know before he votes if Martin County says it is one of the worst decisions it made. Commissioner Higgs stated there should be two separate questions regarding if there is a problem with the five model communities and the grants that they committed to versus the network, because those are two different issues. Chairman Scarborough stated the question that needs to be asked is if the Board passes the resolution, will it adversely affect Brevard County. Commissioner Voltz stated she will call the Commissioners in Martin County and find out what is going on and how it has affected them. Mr. Jenkins stated as soon as staff has the information, they will bring it back to the Board.
PUBLIC COMMENT - LILLIAN BANKS, RE: ADMINISTRATIVE APPEAL TO
COMPREHENSIVE PLAN AMENDMENTS RELATING TO WETLANDS
Lillian Banks stated it has been a year and a half that they have been mitigating with the group; it has cost the County money; and inquired if it was not done in a year and a half, why would 45 more days correct that. She stated she missed the reason why it was delayed.
Chairman Scarborough stated there is an opportunity to perfect the language; and the item was tabled at the beginning of the meeting, so people would not have to sit all day waiting for an item that would be tabled. Ms. Banks inquired if the item has not been settled in a year and a half, how will it be settled in 45 more days; with Chairman Scarborough responding some things have been talked about for years.
Commissioner Voltz stated when an item is tabled, it should be announced periodically throughout the meeting. Chairman Scarborough stated that is a good idea; and suggested a means of putting it on the door so someone who comes in late will not sit at the meeting all day waiting for the item. Ms. Banks stated she understood it was delayed but did not know why. She stated the mediator costs money; staff time is involved; and a year and a half is sufficient time to settle the issue. She stated there are a lot of people who want to know why the Board keeps postponing for one small group such as the Plant Society, Thousand Friends of Florida, and the Audubon Society; and inquired if they run the County. Chairman Scarborough stated by the same token, the Board continued an item Ms. Banks wanted continued, so in deference to everybody, the Board tries to make sure it does the right thing. Ms. Banks stated her item just started and has not been going on for four and a half years.
APPROVAL, RE: RECOMMENDED ORDER FOR CAROUSEL LEARNING OF BREVARD
CHILD CARE ADMINISTRATIVE HEARING
Motion by Commissioner Voltz, seconded by Commissioner Carlson, to accept and approve the Recommended Order for Carousel Learning of Brevard as determined by hearing officer, Joan H. Bickerstaff, appointed by the Board of County Commissioners on August 4, 1998, providing for administrative fines of $2,400. Motion carried and ordered unanimously.
County Attorney Scott Knox advised he failed to advise the Board of the recommended changes to the Agreement from the Governor?s Office, to qualify for funding. He stated the Office recommended Section 6.2(a) be revised to read, "The County shall submit documentation certifying that the project is not located on a county on municipal system"; and Section 6.2(b) be revised to read, "The County shall submit documentation certifying that the EDTF business will not be required to secure permits, including but not limited to, building permits."
Motion by Commissioner Voltz, seconded by Commissioner Carlson, to amend the Agreement with Florida Office of Tourism, Trade and Economic Development, for a grant on behalf of The Boeing Company to make improvements at Kennedy Space Center, as recommended by the Governor?s Office. Motion carried and ordered unanimously.
WARRANT LISTS
Upon motion and vote, the meeting adjourned at 2:24 p.m.
ATTEST: _____________________________________
TRUMAN G. SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
_________________________
SANDY CRAWFORD, CLERK
(S E A L)