MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

March 18, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on March 18, 2008 at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Mary Bolin, Chuck Nelson, Helen Voltz, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by County Manager Peggy Busacca.

 

Commissioner Nelson led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the December 11, 2007 Regular, January 17, 2008 Special, January 31, 2008 Special, February 5, 2008 Regular, February 29, 2008 Regular, and February 21, 2008 Zoning Meeting Minutes.  Motion carried and ordered unanimously.  

 

 

 

The Board recognized and presented plaques for Van Thorne, Kathleen Good, Lucy Ray, and Leon Naphier for 30 years of service and to Dianne Leary and Richard Martens for 25 years of service.

 

County Manager Peggy Busacca advised Kathy Good, Library Services, is present to accept her plaque; Ms. Good started at the Cocoa Beach Library in Circulation in 1977 and was later transferred to the Merritt Island Library Circulation Office; in the early 1990’s she moved to Tech Processing at Central Brevard Library and Reference Center; and she very quickly learned Copy Cataloging.  She noted when the Automatically Yours Program began in 2001, Kathy was the logical choice to handle entering the patrons on the author’s list; in 2004 Ms. Good went to Melbourne Beach where she became an asset to the Tech Processing Department; and she is conscientious about her work, a hard worker, and a loyal friend. 

 

Kathy Good expressed appreciation to the Board for the recognition.

 

  

 

Commissioner Colon read aloud a Resolution recognizing Jeanee James as Brevard County Commission on the Status of Women “Woman Artist of the Year”.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution recognizing Jeanee James as Brevard County Commission on the Status of Women “Woman Artist of the Year”.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon read aloud a Resolution recognizing Cindy Michaud as Brevard County Commission on the Status of Women “Woman Artist of the Year”.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution recognizing Cindy Michaud as Brevard County Commission on the Status of Women “Woman Artist of the Year”.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon read aloud a Resolution recognizing Elaine Rowgo as Brevard County Commission on the Status of Women “Woman Artist of the Year”.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution recognizing Elaine Rowgo as Brevard County Commission on the Status of Women “Woman Artist of the Year”.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon read aloud a Resolution proclaiming Children’s Day and Children’s Week in Brevard County.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolution proclaiming March 28, 2008 as Children’s Day and the week of March 30 through April 6, 2008 as Children’s Week; and presented the Resolution to Ian Golden of Housing and Human Services.  Motion carried and ordered unanimously. 

 

 

 

The Board acknowledged a presentation by Larry Weber of Keep Brevard Beautiful concerning the 2008 Trash Bash.

 

Pat Brown, Deputy Executive Director with Keep Brevard Beautiful, stated Trash Bash is a nationwide clean-up effort; this year, Trash Bash is on April 19^th; and there are 36 sites throughout the County.  She advised nationwide last year there were 2,800,000 volunteers that cleaned up 200 million pounds of trash and debris; and in Brevard County last year there were 30 sites and 1,336 volunteers that picked up 225,480 pounds of litter; and within that litter was found a golf ball, bull whip, bike, kitchen sink, and a box of toothbrushes. 

 

Larry Weber stated he would like to remind the Board of the competition among the Board; last year Commissioner Colon won with the most volunteers and litter collected; in District 5 there were 186 volunteers that removed 24,800 pounds of litter; and Commissioner Nelson won for the most improved, and went from 221 volunteers in 2006 to 391 volunteers in 2007.  He stated he appreciates the Boards support of Trash Bash.

 

 

 

Chairman Scarborough read aloud a Resolution recognizing Laurilee Thompson.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Laurilee Thompson for her role in creating a higher quality of life for her fellow citizens as well as protecting the natural environment.  Motion carried and ordered unanimously. 

 

 

Laurilee Thompson expressed appreciation to the Board for the Resolution; but she would not have been able to accomplish anything if it were not for Chairman Scarborough, and she thanked him.  Chairman Scarborough stated it is typical of Ms. Thompson to give someone else credit, but the credit all goes to Ms. Thompson.

 

Commissioner Colon thanked Ms. Thompson for being a great Brevard County resident and a great human being; she has learned a lot from Ms. Thompson; and she has been an incredible visionary for Brevard County. 

 

Commissioner Bolin stated Ms. Thompson has been a wonderful advisor to her; and she appreciates all the Ms. Thompson does.

 

Commissioner Voltz stated the annual Birding Festival would not be the great event that it is if it were not for Ms. Thompson making it a world wide event.

 

Commissioner Nelson thanked Ms. Thompson for not only her commitment to the community but to the environment; many people have benefited from her wisdom as it relates to the County’s natural areas; and he appreciates all the Ms. Thompson has done for the County. 

 

 

 

The Board acknowledged comments of Douglas Parker of Crosswinds Youth Services concerning the 2008 Great Brevard Duck Race. 

 

Douglas Parker stated duck season is officially open; on Sunday, April 20, 2008 at the Indian River Festival at the Sandpoint Park boat ramp in Titusville, approximately 15,000 little duckies will be put into a dump truck and dumped into the river; and it is all for a good cause, which is Crosswinds Youth Services.  He stated the Duck Race benefits local children in crisis; and the work that Crosswinds does in magnificent.  He advised the support of local banks participating in the duck sales has gone from 65 branches last year, to 116 this year; even when the economy is going through a hard time, it is great to know that people are still supporting Crosswinds. 

 

 

 

Commissioner Bolin read aloud a Resolution recognizing April 2008 as Alzheimer’s Awareness Month.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing April 2008 as Alzheimer’s Awareness Month; and presented it to Chris Stagman representing the Brevard Alzheimer’s Foundation.  Motion carried and ordered unanimously. 

 

 

Chris Stagman expressed appreciation to the Board and County Manager Peggy Busacca.  He advised the Alzheimer’s Foundation does not turn anybody away regardless of whether they can pay for services; and with the pending cuts in Tallahassee, it is becoming more difficult; but with the Board’s leadership and the outstanding support from Ms. Busacca’s staff the Alzheimer’s Foundation will be fine. 

 

Commissioner Colon stated next month the Board should honor Joe Steckler; and without Mr. Steckler there would not be all the support.  Chairman Scarborough advised Commissioner Voltz will be chairing a special workshop on senior issues.  Commissioner Voltz stated Chairman Scarborough has also tasked her to do issues on health; and the workshop will be on the health issue rather than the senior issue because in the senior issue needs and services will be looked at; and that is more on the health side. 

 

 

 

Chairman Scarborough stated Ms. O’Neal takes care of many problems; Brevard County has wonderful employees; and Ms. O’Neal exemplifies the very best.

 

Mary O’Neal expressed appreciation to the Board; and stated she cannot do what she does without the help of the Road and Bridge Department staff.  

 

 

 

County Manager, Peggy Busacca, stated staff would like to remove Item III.C.6., Request for Reduction of Fine and Release of Code Enforcement Lien, Re:  2117 Babcock Street South, #302, Melbourne, from the Consent Agenda and reschedule it. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to appoint Dan Coyne to the Contractor’s Licensing Board, with term expiring December 31, 2008.  Motion carried and ordered unanimously.

 

 

 

Commissioner Colon thanked the Valiant Air Command; and stated the Air Show held over the weekend was a wonderful event.

 

 

 

Commissioner Colon expressed appreciation to Macedonia Church in Melbourne for the groundbreaking of their community project; and she would like to thank the City of Melbourne for its cooperation. 

 

 

 

Chairman Scarborough stated he would like to distribute a Resolution to the Board; the Resolution came about through the Board’s Lobbyist in Washington, Bob Walker, a week ago; the Resolution is probably in its third draft; and there have been people involved in it on the local level, but also in Washington D.C.  He advised it is indicative that what the Board does in Viera is heard in Washington D.C.; and they care very much how it is worded.  He stated two weeks ago an article on the front page of the Washington Post addressed the dangers of the gap in the Space Program; and it is significant that the paper that the people in Washington D.C. read is reporting the issue.  He commented on the article in the Washington Post; and referenced certain sections of the article.  He stated the INKSNA Provisions prohibits the United States from contracting with Russia; and it is selling to restricted countries such as Iran, North Korea, and Syria.  He commented on the thought of Russia actively selling nuclear weapons in the capacity to launch nuclear weapons to Iran; and to use Russia the United States has to have a waiver from a treaty that prevents that from happening.  He commented on Russia controlling oil  and gas into Europe and Russia having different views on what happens in the Balkins with Kosovo.   He stated the problem is that an enormous amount of the nation’s resources have been put into a space environment where it may become a national lab, which will be significant.  He commented on the Kennedy Space Center taking the brunt of the burden at the same time the Country is going to be at a tremendous disadvantage; and the actual number of layoffs at the Kennedy Space Center will be known on March 26, 2008.

 

Commissioner Colon stated there are also numbers that are the indirect effect that will cost the community; she thinks the Resolution is worthy; she knows Senator Martinez is also supportive of Brevard County; and inquired if Chairman Scarborough’s office could send the entire Florida Delegation a copy of the Resolution. 

 

Chairman Scarborough advised the Resolution will be forwarded to the State of Florida Congressional Delegation, so that will be all of the Congressmen, as well as the Senators.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to  adopt Resolution regarding the national strategic importance of maintaining spaceflight expertise at the Kennedy Space Center and ensuring that future crew and cargo logistic missions to the International Space Station use domestic capabilities.  Motion carried and  ordered  unanimously. 

 

 

Commissioner Bolin stated she is fully in support of the Resolution.  She commented on jobs that would go to Russia that need to stay in Brevard County.  She stated it is important that the Board does everything it can as citizens in Brevard County besides what it is doing as an organized group to get the word out that these things need to be changed.

 

Commissioner Colon stated a lot of questions have come up lately because the majority of the Board will not be sitting here next year; but the commitments from Commissioner Nelson and Commissioner Bolin is huge.  She noted Commissioner Nelson has been in Washington and meeting with the Congressional Delegation; and she wants the community to know that even though the majority of the Board will not be here, the commitment is huge and the baton has been passed.  She stated the Board is thankful to Chairman Scarborough because he has gone above and beyond the call of duty with this particular issue, which has been on the Board’s radar for a couple of years; and she also thanked Commissioner Nelson and Commissioner Bolin.

 

Commissioner Voltz stated last week she and Commissioner Bolin were in Washington D.C. talking to Senator Nelson; he was very much open to Option D to ensure that Brevard County has the COTS Program.  She stated Senator Nelson mentioned that in Washington D.C. there is USA, the Board of County Commissioners, the EDC, and Space Florida, and he mentioned that everyone needs to be one voice instead of coming up separately; and Senator Nelson was very serious about Brevard County being united and showing that it is united in Washington D.C.

 

Commissioner Nelson stated he has been pleased in the past few weeks that Space Florida is starting to step up their efforts. He stated he would also like to thank Chairman Scarborough because  the  Board could  not have  paid  for the kind of  information it has  received that it  has gotten from him and his office; and he appreciates it because new information is coming in every day from throughout the country.

 

 

 

Chairman Scarborough advised Item III.A.1., Resolution, Re:  Supporting the Recommendations of the Florida Consumer Fertilizer Task Force; Item III.C.4., Award of Bid No. B-3-08-28 to Joyal Construction, Re:  Construction of Valkaria Fire Station #87; Item III.D.1., Agreement with Michael D. Goodstein of Resolution Law Group, P.C., Re:  Legal Services to be Rendered on Behalf of Brevard County; Item III.D.5., Lease Agreement with Patricia Richardson, Re: Residential/Commercial Property Located at 3960 Minton Road, Melbourne, will be pulled from the Consent Agenda for discussion.

  

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution releasing the Contract with The Viera Company dated September 25, 2007 for the Viera Boulevard overpass and extension.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Tri-Party Escrow Agreement with Domenico and Rosa Cerbo and Coastal Bank to guarantee the construction performance for infrastructure improvements for Domenico’s Restaurant Right-of-way improvements.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant final engineering and preliminary plat approvals for South Solerno Commercial Center Subdivision, subject to minor engineering changes as applicable, and developer responsible for obtaining all necessary jurisdictional permits; and to approve waiver to allow access outside the plat boundary and onto arterial roadways for Lot 2, Block A onto Stadium Parkway through a shared driveway with Lot 3, Block A and second access also given to Lot 2, Block B to Viera Boulevard.  Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Binding Development Plan with Suzanna Norris for property located on the NW corner of Arborwood Avenue and Aspen Lane.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Agreement with the Mary-A Mitigation Bank for wetland impact mitigation credits needed for the Pineda Causeway Extension – Utility Access Road project.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt a Resolution of Necessity and authorize the Chairman to execute same for the commencement of condemnation proceedings for the acquisition of two (2) easements in conjunction with the Schoolhouse Lane Sidewalk Project in Section 22, Township 24 South, Range 36 East.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Contracts with Department of Community Affairs, contingent upon County Attorney and Risk Management approval, for the Weatherization Assistance Program (WAP) and WAP Low-Income Home Energy Assistance Program (WAP/LIHEAP); and authorize the Chairman to execute all future WAP and WAP/LIHEAP contracts and/or amendments, contingent upon the approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize an RFP for coffee/snack service at the Franklin DeGroodt Library; appoint a Selection Committee consisting of Library Services Director Cathy Schweinsberg, South Area Library Director Patricia Portnowitz, and Assistant Facilities Director Teresa Camarata or their designees; authorize award of contract to the highest ranked proposal; authorize the Chairman to execute the Contract for the service; and approve Library Services exercising and executing renewal options based upon vendor performance.  Motion carried and ordered unanimously.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve naming Cuyler Park Annex, Crandall J. Warren Community Building.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution requesting financial assistance under the Florida Inland Navigation District Waterways Assistance Program for the A. Max Brewer Memorial Causeway Bridge Catwalk; and authorize the Park and Recreation Director to execute FIND’s Standard Grant Agreement and establish Grant Project Budget, if the grant is approved.  Motion carried and ordered unanimously. 

 

  

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution requesting financial assistance under the Florida Inland Navigation District Waterways Assistance Program for the South County Boat Launch Facility; and authorize the Park and Recreation Director to execute FIND’s Standard Grant Agreement and establish Grant Project Budget, if the grant is approved.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Agreement to Amend and Extend Lease with Titusville-Cocoa Airport Authority for the North Area Parks Operations office and maintenance compound.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve naming the pavilion at Manatee Cove Park, Ruth Roberts Pavilion.  Motion carried and ordered unanimously.

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Professional Services Agreement Amendment No. 15 with BRPH Architects-Engineers, Inc., not to exceed $235,018, for services required for the Chain of Lakes Rails to Trails Trailhead Museum; and authorize the County Manager and Department Director to execute any required amendments with BRPH Architects-Engineers, Inc. when the specific amendment is under $100,000 or $25,000, respectively.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Professional Services Agreement Amendment No. 19 with Post, Buckley, Schuh, & Jernigan, Inc. for $18,000 for Max K. Rodes Park for a temporary construction entrance off Flanigan Avenue; and authorize the County Manager and Department Director to execute any required amendments with Post, Buckley, Schuh, & Jernigan, Inc. when the specific amendment is under $100,000 or $25,000, respectively.  Motion carried and ordered unanimously. 

 

 

The Board acknowledged receipt of the Montecito Community Development District FY 2006-2007 Annual Financial Audit Report.

 

 

The Board acknowledged receipt of the Titusville-Cocoa Airport Authority FY 2006-2007 Annual Audit.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve staff review and revision of Board Policy BCC-90, “Green” Procurement.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to accept the Protest Committee’s decision to uphold the Contractor Pre-qualification Committee’s determination that Parkit Construction, Inc.’s qualifications and past performance are insufficient to perform the referenced project; and authorize proceeding with award to the next lowest responsive and qualified bidder of P.W. Hearn, Inc., for the amount of $88,182.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize a public hearing to revise the membership makeup of the Spaceport Commerce Park Authority to change the member designated as Member-At-Large to an owner/operator of a business in the South Titusville industrial area to be included on the Authority; directed the County Attorney’s Office to amend Section 202-267 relating to membership; and authorized a public hearing to consider adopting an amendment to enact the change.  Motion carried and ordered unanimously.

 

  

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the revised Organizational Chart to reflect the following revisions: (1) Tourism Development Office, currently reporting to Assistant County Manager Stockton Whitten, Management Services Group, will be reporting to Assistant County Manager Heidi Denis, Community Services Group; and (2) Fire Rescue Department, currently reporting to the County Manager, will be reporting to Assistant County Manager Stockton Whitten, Management Services Group.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant final approval of the Federal Hazard Mitigation Grant Funding Program from FEMA, with the funds being used to upgrade all the bay doors in the 31 Fire Stations, and to outfit the windows in the stations with protective shutters, which will afford the stations additional protection for wind hazards during hurricanes.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to appoint Rachel K. Wentz, PhD, RPA, to serve on the Historical Commission, with term expiring December 31, 2008.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the bills and budget changes as submitted.  Motion carried and ordered unanimously. 

 

 

Chuck Hoffman stated he is the local branch manager for Tru Green Services; Tru Green Services provide service to over 16,000 properties in Brevard County and have over 70 full-time employees; and the company is very concerned about the environment.  He stated the industry supports the State Consumer Fertilizer Task Force and their findings; the industry encourages local governments to adopt the model ordinance; and the industry understands that some water bodies may require a more restrictive measure and support it where verified.   He stated Tru Green also supports a reasonable tax on fertilizer to help disseminate educational messages concerning water quality; and at a time of property tax deductions, he understands the Board is not receptive to unfunded State mandates.  He noted protecting water entails looking at all aspects of growing plants, including design, irrigation, mowing, storage and transportation; keeping fertilizer off of impervious surfaces is the one educational tool that will have the greatest effect.  He stated turf is an important urban environmental tool and has a job to do as a filtration device protecting the water resources in Brevard County; and Tru Green supports the “Green” Industry Best Management Practices and the funding through this self-funding mandate of that education throughout the industry.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution supporting the recommendations of the Florida Consumer Fertilizer Task Force and opposing preemption of local governments to adopt more stringent regulations to control the discharge of pollutants to surface waters within the County.  Motion carried and ordered unanimously.

 

 

Paul Joyal stated his company has been active for 35 years; he has been a State certified contractor since 1977; he has done a lot of work in Brevard County in all different areas of construction; and his company has a good reputation.  He stated the second low bidder is indicating that Joyal Construction does not have competency or the ability to complete the project, but that is totally inaccurate; Joyal Construction does work on both commercial and residential; and he does not feel he should be taken off of the Contract.  He commented on completing  construction  work  for various  cities and municipalities in Brevard County, including an addition to a fire station.  He stated Joyal Construction has studied the plans and is ready to begin construction; Joyal Construction was recognized as the low bidder and has been found qualified by the Board’s Review Committee and the Protest Committee; and his employees are ready to begin working on the much needed Valkaria Fire Station #87. 

 

Jeff Sherron, Southern Building Services, Inc., stated his company is the second low bidder; and he would like to go over some items that were discussed during the protest meeting.  He stated his company is a State certified general contractor; Southern Building Services, Inc. has experience in all commercial phases of construction and have done ground-up buildings, design-build buildings, and specializes in fire stations; and in the last year, his company has completed three fire stations and is working on two in Seminole County.  He stated the Valkaria Fire Station is a commercial station in which the design is important.  He stated he feels Joyal Construction does not have the capability for the technical aspirations of the project; it is a commercial fire station that specifies commercial-based needs; and Joyal Construction is a residential contractor, which has not had experience in dealing with this type of project. 

 

Commissioner Voltz inquired if Southern Building Services is located in Winter Garden, Florida; with Mr. Sherron responding affirmatively, and it covers the entire State in Florida. 

 

Marlene Adams inquired where the funding is coming from for the Valkaria Fire Station; and inquired if the funding is coming out of the Fire Assessment or the MSTU; with Chief Bill Farmer responding the funding is coming from the Fire MSTU. 

 

Steve Quickel, Central Services Director, stated the process set in accordance with Brevard County Code and Policy established by the Board is any construction bids exceeding $50,000, the contractor would go through a pre-qualification review prior to final award for the Contract. He noted Joyal Construction provided the required pre-qualification documentation; the Pre-qualification Committee reviewed the qualifications; and the process does not compare qualifications between two bidders, but it evaluates the qualifications on a specific low bidder to see if it is capable to perform the scope of work for the individual project.  He stated the Pre-qualification Committee reviewed Joyal Construction’s documents and information and determined it to be qualified; the second low bidder, Southern Building Services, Inc., disputed the decision of the Pre-qualification Committee; the dispute was heard by a Protest Committee; and representatives from both firms were in attendance and provided information to the Protest Committee.  He advised the determination of the Protest Committee was to uphold the Pre-qualification Committee’s original decision and recommend proceeding with award to Joyal Construction.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept the Protest Committee’s decision to uphold the Contractor Pre-qualification Committee’s determination that the low bidder Joyal Construction’s qualifications and past performance are sufficient to perform the referenced project; and authorize proceeding with award to Joyal Construction for the amount of $1,321,000.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough stated Mr. Susin came to him regarding an issue in Port St. John that his high school students were working on concerning the pollution; and he informed Mr. Susin there would be an item on the Agenda today concerning the study on the pollution in Port St. John.  He advised the consultants finished the work; and County Attorney Scott Knox found a Law Firm in Washington D. C. that specialized in this type of thing and now the purpose is to review the findings of the environmentalists to see if it would lead the Board to a cause of action.

 

Matt Susin stated he is a teacher at Space Cost Junior Senior High School; Chairman Scarborough came to speak to his class two years ago and his students began to get involved in the community as a result; and with him today is one of his students, Jessica Fisher.  He stated he is the Head and Founder of the Community Problem Solving Group at Space Coast High School, which is a district initiative from Brevard County Schools; the Group looks at problems in the community and tries to solve them or make recommendations for them; and he would like to discuss with the Board the effects of the power plants in Port St. John on the community.  He stated Port St. John could be a model for power plant emission problems; the power plant stacks are directly on Fay Boulevard; and they can be seen while driving away from the school.  He stated on certain days the plume of smoke goes over top of the school; multiple stacks can be seen from the Stanton Power Plant, on S.R. 528, the Oleander Plant, between S.R. 528 and S.R. 524, and then there are two on U.S.1; and Port St. John is in the middle of everything.  He stated he coaches a football team and there are many kids with asthma problems; on days when the power plants are pumping the football players are out of breath; and as he runs on certain mornings the humidity drops the stacks and the fumes taste like ammonia.  He noted his neighbor has lived in Port St. John for 27 years and he has written to the EPA and has taken pictures of days when the smoke stacks come down on humid days before a rain and the fumes fill his entire house; and he has photographs of smoke covering the entire area.  He stated he supports Mr. Goodstein.

 

Jessica Fisher stated she is the leader of the Community Problem Solving Group at Space Coast High School.  She advised some of the other projects the Group is working on include cleaning up Fay Park, getting a different energy source to keep the lights on longer, and to get rid of the drug problem; 60 parking curbs have been donated to the school; and the Group had computers donated for low income families.  She stated the Group’s biggest project right now is the power plants; and in the American Journal for Critical Care for respiratory diseases it was found that emissions from power plants create upper respiratory disease, asthma, and cancer, and play a big part in student absences.   She noted Space  Coast High  School has the highest absence rates in the County and many cases of respiratory diseases; five faculty members have died in the last two years in Port St. John; and in the past month, student Kyle Davis, has been diagnosed with Cancer and he is also a football and baseball player.  She advised her neighbor died six years ago of a rare cancer at the same time another Port St. John resident had the same type of rare cancer. 

 

Chairman Scarborough stated he thinks it is critical that the information that Mr. Susin and Ms. Fisher just spoke of be provided rapidly; and he needs to get on the phone with Cambridge University with the information.  County Attorney Scott Knox stated the Board may want to get the  video  of  this  portion of  the  meeting  and email it  to  Cambridge;  and  he  does  not think Cambridge has heard about the smoke problem.  He stated the reason the Board is hiring an attorney is to review the report from a legal perspective because the scientific perspective has been believed to have come to an end.

 

Mr. Susin stated the power plant pollution issue is galvanizing the community; Space Coast High School has the highest absentee rates in the County and the highest asthma rates in the County.  Chairman Scarborough stated the information Mr. Susin has provided from the High School is a new approach.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with Attorney Michael D. Goodstein of Resolution Law Group, P.C., for legal services to be rendered on behalf of Brevard County with regard to the investigation into the potential for litigation of an air pollution enforcement matter.  Motion carried and ordered unanimously. 

 

 

Chief Bill Farmer stated Fire Rescue is requesting the Lease Agreement, which is contingent on the passing of VI.A. as well, which is the Public Hearing for a Temporary Use Agreement.  He advised the purpose behind the Lease Agreement with Ms. Richardson is to give Fire Rescue a temporary fire station within the primary zone of the engine and rescue in the area; Station #83 was approved in the CIP for a renovation; and Fire Rescue was hoping to do that renovation with the crew in place, but it cannot, and they must be relocated.  He stated Fire Rescue has looked at several options including bunking with the City of Palm Bay; and this is the only option he has found that allows Fire Rescue to stay in its primary zone.  He stated a post card was sent to everyone living within 1,000 feet of the property; and he has received input from several citizens.  He stated Mrs. Brantley and Mrs. Slaughter expressed concern over the length of the Agreement and the effect it would have on their properties; Mr. Harrison and Mrs. Wagner were concerned about the siren noise and engine noise; Mr. Ritter was concerned about where the fire truck  would be parked,  which would  be beside his  bedroom window;  but the fire truck has since been relocated.  He stated the temporary fire station would be 121 feet from the property line of the nearest neighbor; the homes are concrete block construction; the house Fire Rescue would like to rent is along Minton Road at the corner of Ellis Road; and he does not believe Fire Rescue  would  be  very  disturbing  to  the  neighbors.   He stated  the neighbors are afraid Fire Rescue will not leave; he is hoping the fact that the County is spending $1 million to renovate Station 83 would alleviate those concerns; but he thinks they need to hear it from the Board; and the neighbors also need to hear there will not be a change in their zoning. 

 

Commissioner Bolin inquired if Chief Farmer anticipates the new fire station to be completed by November  2008;   with  Chief  Farmer  responding  he  anticipates  the  new  fire  station  being completed nine months from the time the renovation begins.  Commissioner Bolin inquired if it is guaranteed that once Fire Rescue leaves the leased area it will return to normal; with Chief Farmer responding affirmatively.  Commissioner Bolin inquired if Fire Rescue will park vehicles away from the neighboring properties; with Chief Farmer responding parking will be on the northwest corner closest to Minton Road and away from Mr. Ritter’s bedroom window.

 

Commissioner Colon inquired if the Board is hearing item VI.A as well, since they are both on the same topic; with Chairman Scarborough responding yes, the Board can do that.

 

Mary Harrison stated she has lived in the neighborhood for 35 years; she is concerned about what the temporary fire station would do to the neighborhood; and Mr. Ritter’s house is very close to the subject property.  She inquired what would be done with the backyard surface, which is grass now and also has a septic tank.  She stated she is also concerned about the sirens; she has been told Fire Rescue will try to accommodate the neighborhood by determining when to turn the sirens on and off; and she thought there was an ordinance that designated when the sirens had to be turned on and off.  She inquired when the fire truck comes from Ellis Road, will it be making a right and exiting onto Minton Road, or will it go around the circle, which is a horseshoe, and come out on Sharon Drive; and if it comes out on Ellis Road, there is no opening to go across the highway because there is a median there.  She said the neighborhood is an older community; everyone takes pride in the community; and everyone keeps their homes and yards up very well.  She stated she is also concerned about how the fire trucks will be parked in front of the property; there is hardly any area in the front yard; and inquired how the fire truck and ambulance will be parked in the front yard. 

 

Chief Farmer advised Fire Rescue is to return the backyard and the property in general, back to the state it was found in; only personal vehicles will be parked in the back; and he does not believe it will affect the septic tank.  He noted there is no ordinance for the sirens; it is a Florida Statute that says Fire Rescue has to use an audible and visual aid in order to inform the traffic; and the residents will not hear any more of a siren than they already hear in regards to Minton Road.  Ms. Harrison inquired how the truck will park in the front yard; with Chief Farmer responding Fire Rescue will park along the side where Ms. Richardson has a large realty sign; the truck will angle out toward Ellis; and it will be almost a diagonal, and the ambulance will be south  of that, but in front of the actual building.   Ms. Harrison inquired if Fire Rescue is going to be painting the house; with Chief Farmer responding it will not be painted.  Ms. Harrison stated she is against the fire station at that property, even though it is temporary. 

 

John Ritter stated he does not like to go against the Fire Department because of the good job they do; but this will ruin his life for six to nine months.  He stated the fire engine is loud; and at 2:00 a.m. it will affect everybody.  He stated he does not know if Fire Rescue will be using the horseshoe circle or not, but there are a lot of children in that area.  Chief Farmer stated it is not his intent to use the Sharon Drive horseshoe for emergency responses; but it may need to be used  occasionally  to  get  to  the  parking  along the  side.  He stated Fire Rescue may need to make a U-turn on Minton Road, but the added 30 seconds to one minute is still far shorter than any of the fallback to one of the other stations.

 

Meg Slentz Nagy stated she disagrees with Chief Farmer that Fire Rescue will not use Sharon Drive very often; the neighborhood is a U-shape with a grass median in front of it with only one way into the neighborhood and one way out; and if coming from Palm Bay, one has to use Sharon Drive to go all the way through the neighborhood just to park on the side of the street.  She stated the reasons the neighbors are opposed are safety, traffic, noise, and a disruption to the neighborhood.

 

Howard Harrison stated his property is directly across Ellis Road from the subject property.  He stated the area where the fire truck is going to be parked on the side is only 100 feet from his bedroom; there is a house 1,200 feet north that has been empty for over eight months; and inquired if Fire Rescue can use that location instead, as it has a paved front yard.  Chief Farmer stated this is the first time he has heard of that other property.  Chairman Scarborough inquired if Chief Farmer would like the item to be tabled in order to look at other options; and he is not ready to vote for the item. 

 

Kevin Shelton stated the neighborhood is mainly residential; and he would like to reinforce everything that has already been said by the other speakers.  He stated he has small children who play on the block all the time; and inquired how many trucks and ambulances would be parked at the temporary fire station; with Chief Farmer responding one fire engine and one ambulance.  Mr. Shelton stated there is only a 50-foot area between the ditches that are dug through the neighborhood and the wall of the building; and there is no way 50 feet is going to accommodate an ambulance and a fire engine. 

 

Commissioner Colon stated the subject property is in her district; even though the Fire Department desperately needs a place, this is not the place to do it; and Fire Rescue needs to go back and do more.  She stated since it is the County that needs the property, it should lead by example because it would not allow anyone else to do that at that property.  She stated she is ready to deny the items. 

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to deny Business Lease and Memorandum  of Lease with  Patricia  Richardson  to  allow the Fire Rescue Department  to use property located at 3960 Minton Road to house Fire Rescue crews while renovation of Station #83 is taking place; and deny the Temporary Use Agreement with Patricia Richardson to allow Fire Rescue to use property at 3960 Minton Road as a Fire Station while renovation of Station #83 is taking place.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz inquired if Chief Farmer has taken a fire truck to the property to see if it could get in and out; with Chief Farmer responding yes, he has measured the area.  Commissioner Voltz inquired  if  Chief Farmer  has  taken  a  truck  to  the  property;  with  Chief Farmer responding no, because some culvert work has to be done before he can take a truck there. 

 

Commissioner Nelson inquired if Chief Farmer has looked at the possibility of renting a modular unit and placing it at a public facility; stated Melbourne-Tillman has a maintenance facility off of Minton Road; and inquired if those kinds of options have been looked at; with Chief Farmer responding Fire Rescue has looked at renting the vacant lot by Station #83, and at placing temporary construction trailers.  Commissioner Nelson inquired if Chief Farmer has contacted Melbourne-Tillman; with Chief Farmer responding no.  Commissioner Nelson inquired if Chief Farmer would move the unit north or south of the 3960 Minton Road location; with Chief Farmer responding it would be north.  Commissioner Nelson inquired how far north; with Chief Farmer responding he would like to stay less than a mile from the current location. 

 

Commissioner Colon inquired if Chief Farmer has looked at the military annex on Minton Road; with Chief Farmer responding Fire Rescue has looked at every property possible; Chief Farmer advised Land Acquisition has found several properties but the owners would not take leases from the County; and at this point the renovations are being delayed; but another search can be done.  Commissioner Colon inquired if the military annex on Minton Road has been asked about; with Chief Farmer responding he does not know.  Commissioner Colon stated Fire Rescue needs to stay away from residential areas.

 

 

 

Matthew Susin stated he currently has a pot bellied pig at his residence as a pet; under the current Code pot bellied pigs are not allowed in a residential area; and the reason is because pot bellied pigs are defined as a farm animal.  He stated pot bellied pigs do not meet the criteria of what a farm animal is; but pot bellied pigs do meet the criteria of what a pet is.  He stated most people think pot bellied pigs weigh 700 pounds; but they actually weigh about 60 pounds.  He stated he would like to keep the pig as a pet; his neighbors have said they do not have a problem with the pig; and inquired what is the best process for him to follow to try to resolve his Code Enforcement issue.  He stated he has contacted some of the Commissioners individually; he has contacted the Florida Department of Agriculture, who said the pig was a pet; the Florida  Department  of  Revenue  said  the  pig  is  a  pet   because   it  is  taxed;  and it has been taxed in Brevard County for the last 15 years as a pet, but defined as a farm animal.  He noted he also contacted the United States Department of Agriculture who also said the pig is a pet; he contacted all of the local veterinarians who also said a pot bellied pig is a pet; and in 1995, Jeb Bush proclaimed National Pot Bellied Pig Pet Day.  He stated he understands that under Public Comment no action can be taken, but he is asking for guidance.  He advised a pot bellied pig does not carry a quarter of the diseases that cats or dogs do, and there can be an eight foot python running around a house, but a small pot bellied pig is not allowed.

 

Chairman Scarborough stated the Board can have staff bring back a report and get in touch with Mr. Susin.  Mr. Susin stated when the law was passed in 1996 it was included with a miniature goat; but goats are farm animals; and that is where the whole thing started.  

 

 

 

Ronnie Hudson stated she is the Director for the Center for the Visually Impaired; the Center has been providing services to blind and visually impaired individuals for over 20 years; and in the last five years the Center has been located in Rockledge.

 

Robert Lassone stated he is a senior member of the board of directors of the Center for the Visually Impaired; he comes to the Board with a problem the Center is having in providing service in the community; and he has a solution for the Board on how to solve the problem.  He stated he has lived in Daytona Beach for 15 years; he chose Daytona Beach over Melbourne because he looked at Brevard County’s public transportation system for the non-driving community and saw that it does not have one.  He stated he recently lost his wife; and he is now living alone as a totally blind person.  He stated fortunately he lives in a community that has adequate public transportation; the Center for the Visually Impaired has served Brevard County for the past five years; there is an office in Rockledge; but students cannot be brought to Rockledge because of the County’s lack of public transportation.  He stated the students are only allowed to make one trip a day to the Rockledge facility; if one person has a class at 3:00 p.m. and someone else has a class at 8:00 p.m., the people who have the early class have to wait until the end of the day, and it is very impractical; and there are six members of the teaching staff that have to go to the homes of the individuals that need rehabilitation.  He stated blindness is a disease that is causing more and more people to alter their lives as they get older; and Brevard County is not meeting their needs.  He asked the Commissioners to imagine they could not drive themselves to meetings when there is not public transportation.  He stated his wife took care of the checkbook; now he has to do it himself; and as director of the Center for the Visually Impaired he is now a client as well, learning how to use software on a computer that will help him manage his own finances.  He noted not all of blind people are poor, not all are unable or unwilling to work; in Volusia County many totally blind and legally blind people have been hired in the last couple of years to teach their talents to other blind people; and that cannot be done in Brevard County because the ability for people to serve because of the lack of transportation is not there.  He stated a year ago he addressed Brevard County’s United Way representatives and they were very critical about the limited help that the Center for the Visually Impaired is giving Brevard County; and when he told the United Way that Brevard County has a problem   with  public  transportation,  they  agreed,  but  there has  been no solution.  He stated Volusia County was made a joke of by surrounding counties ten years ago when it passed a local tax on gasoline of five cents per gallon; but Volusia County is able to provide services that Brevard County cannot provide.  He stated if the Board was able to consider passing a gas tax based on the Florida Department of Revenue for the year 2006, it would have sold approximately 300 million gallons of fuel in the County for that one year; and the five cents per gallon would raise $15 million the first year.  He stated recently on the news he has been hearing Brevard County has a limited service of lifeguards on its beaches; and if the Board would pass  a gas  tax of five cents per gallon,  everyone  would complain about it, but everyone would still drive their cars.  He stated the Board could raise the money and help out the beaches with better safety and help the non-driving community with better public transportation. 

 

Chairman Scarborough suggested Mr. Lassone meet with Public Transportation Director Jim Lisenfelt to see what is done in Volusia County, and report back to the Board.

 

 

 

Marlene Adams stated she has not heard anything from the Board regarding the Fire Assessment in two weeks; the last time she was in front of the Board Attorney Knox stated State Law gives the Board the authority to create the Fire Fee, but the local laws say something different.  She stated the County’s Charter stated the Board has all of the powers granted by the Constitution and State laws, provided that the power is consistent with the Charter; and as the Board knows, the Charter requires a vote for new non-advalorem special assessments.  She advised Mr. Knox said the Codes the Board amended that are now invalidated were not needed or used; and the Board chose to get authority from State law.  She stated even the local Codes say that where any provision of the Code imposes greater restrictions upon the subject matter, the greater restriction or regulation shall be deemed controlling; and she finds it hard to believe the Board can go to State law if it is less restrictive.  She stated the Code also says Road and Bridge Department shall be responsible for Municipal Service Benefit Units; an MSBU has a purpose, and a definition which means a municipal service benefit unit established by Section 98.37, which is Ordinance 97-07, which is the amended ordinance that got invalidated due to no advertising.  She stated Attorney Knox stated 06-09 does not apply to the fire assessment and 97-07 does not apply; and yet when the Board amended those Ordinances it was to provide the Board with the authority to utilize the MSBU’s for fire services.  She stated in September 2007 Assistant County Attorney Morris Richardson wrote an email to Chief Farmer, Mr. Knox, and Ms. Busacca, and the Board received a copy as well; several times in the emails Mr. Richardson refers to those codes that Mr. Knox said do not apply in the creation of the MSBU; and one has to ask if what the Board said was true then, or if what it is saying is true now.  She stated anything created from the codes is invalid; if it was based on those codes, and all indications are that it was, it is invalid; and not following the statutory requirement of notifying the people at least 20 days prior to August 26, 2006 would preclude the Board from utilizing 197.3632 to levy the collection and enforcement of a non-advalorem assessment for fire. 

 

Chairman Scarborough inquired if Ms. Adams has spoken to Attorney Alan Watts; with Attorney Knox responding all of the material is in Mr. Watts’ hands.  Chairman Scarborough inquired if Mr. Watts is going to visit with Ms. Adams and review her perspective; with Attorney Knox responding he has asked Mr. Watts to do that.

 

 

 

Buddy Spakes stated on March 4^th he was deprived his right to speak; he had turned in a speaker card on an item and the Board took action and deprived him of his right to speak.  He stated he later watched the rest of the meeting in the afternoon and he witnessed members of the Board making a mockery of Ms. Adams on T.V. because of Channel 9, and in particular with Chairman Scarborough’s office with his microphone by the phone.

 

Chairman Scarborough inquired what Mr. Spakes is referring to; with Mr. Spakes responding at the meeting on March 4^th a mockery was made.  County Manager Peggy Busacca advised the meeting was on February 5^th.  Mr. Spakes stated on February 5^th a mockery was made; and that is very unbecoming of public officials.  He stated he hears from the Board that the public is its boss; he hears the word integrity come from the Board all the time; and integrity is not declared, it is displayed.  He stated the Board’s bosses spoke when it created the fire fee and told the Board no; and that would have appeared to have been a very good petition for the MSBU, which requires a petition of the people.  He stated Chairman Scarborough told him that anything that came out of 2006-09 is invalid; the fire assessment does not exist; the Board has nothing except $50 million that does not belong to it.

 

Chairman Scarborough stated what he may have been referring to is Ms. Adams and Mr. Spakes were in his office and Channel 9 was there at their invitation; he did not know that Channel 9 news was going to be there; he was being briefed by phone on an item; and what may have been humorous was rather than seeing a picture of Scott or Peggy, there was a picture of a phone because Scott or Peggy was not there.  He stated the discussion was most serious and well intended and he does not think anyone at the meeting took it any other way.  He stated he can remember only one other occasion where the Board did not take the County Attorney’s opinion and referred it to additional legal counsel; and to say the Board is treating the issue in a light manner is the furthest from the truth.  He stated he has been involved in local government for 28 years; and this is one of two occasions in 28 years in which the Board has gotten another opinion.  He stated the independent opinion will be by a very well respected attorney and that Attorney was chosen by the Charter Review Committee; and the Board is taking the issue seriously.

 

 

 

Chairman Scarborough called for the public hearing to consider approval of ordinance of Proposed Special Operations Billing Ordinance.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Ordinance relating to Hazardous Material; providing for authority; providing definitions; providing for responsibility for removal and remedial action; providing for reimbursement of costs; providing for administration, collection of costs and enforcement; creating a Special Operations Emergency Response Fund; providing for policies and procedures by Resolution; providing for applicability; providing severability; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough called for the public hearing to consider transmittal of the 2008A Comprehensive Plan Amendment Package.

 

Randy Hunt, Comprehensive Planner, stated the item in question is the Mims Small Area Study’s Future Land Use Amendment; the original amendment came before the Board in December 2007 and the Board tabled it due to some concerns by some citizens who were unsure about how the amendment would affect them and the process in general.

 

Chairman Scarborough stated there are multiple issues in the item; and rather than go directly to the Mims Small Area Study, the Board needs to go in sequence of the individual amendments. 

 

 

Robin Sobrino, Planning and Zoning Director, stated the amendment is on Merritt Island; and it is the request to change from Residential 15 to a Community Commercial land use designation.

 

John Evans, representing The Paul Kite Company, stated his client is seeking to change the land use on the property from Residential 15 to Community Commercial; and it is 20.8 acres on Merritt Island.

 

Commissioner Nelson stated he does not think there are any issues with the item other than what the Board has previously discussed, which is the transportation issue at later date that will be a challenge with access in and out of the property. 

 

There being no further comments for objections, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to approve Plan Amendment 2008A.1, as recommended by the Local Planning Agency.  Motion carried and ordered unanimously.

 

 

Mr. Evans advised his client has retained Sans Lassiter’s firm to study the traffic and come up with solutions. 

 

Commissioner Nelson stated people are concerned about the loss of affordable housing; this project is apartments; and one difficulty for the Board is that it cannot make someone provide affordable housing in this kind of setting.  He stated it is the property owners’ right to either provide apartments or not provide apartments; there is no federal funding or other source; and it is a decision being made by the property owner to go through this process.  Mr. Evans stated his client has done a study on affordable housing; and he would like to put it in the record.

 

 

 

Chairman Scarborough stated what is being requested is incorporated in the Mims Small Area Plan, Amendment 2008A.4; however, in case something happens along the way with Plan Amendment 2008A.4, Todd Peetz would like to have this item running with redundancy. 

 

Todd Peetz, Miller Legg Associates, stated if there are no problems when the item comes back from DCA, the item will merge the two items together for the adoption.

 

There being no objections, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Plan Amendment 2008A.2, as recommended by the Local Planning Agency.  Motion carried and ordered unanimously.

 

 

 

Robin Sobrino advised this item is a Brevard County Amendment; the request is with the San Sebastian Subdivision, which was an old subdivision in the south end of the County; there was a concern about how the lots were being reconfigured; and at the Board’s direction, staff is bringing forward a Comprehensive Plan Amendment to change the future land use on the subdivision from Residential 2 to Residential 4, so that the non-conforming issue does not keep reappearing.  She advised the Local Planning Agency recommended the lots along the riverfront, just east of U.S. 1 not be included in the Amendment even though they are part of the subdivision since they seem to have a different character to them than the balance of the subdivision; and the Local Planning Agency recommended approval of the balance.

 

Commissioner Voltz stated she would like to state for the record that there is no increase in density in the area.

 

There being no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Plan Amendment 2008A.3, as recommended by the Local Planning Agency with no increase in density.  Motion carried and ordered unanimously.

 

 

 

Randy Hunt, Comprehensive Planner, stated the Mims Small Area Study and the Future Land Use Amendment was originally before the Board in December 2007; and the Board tabled it asking staff to reexamine several issues that were brought up at the Local Planning Agency meeting.  He stated one issue was the question of Sherwood Village and whether the neighborhood wished to continue to be part of the Study; and another issue was the area north of Grantline Road and east I-95.  Chairman Scarborough inquired what issues are remaining; with Mr. Hunt responding there are a small number of individuals that are concerned and spoke at the Local Planning Agency in February; and the Local Planning Agency directed staff to meet with those individuals to discuss the options.

 

Fred Kusterer stated this issue has been ongoing for a year and a half; the Board authorized the Small Area Study because Mims was having difficulty dealing with the number of developers coming into the area; and he feels like the current plan will help the area in the future develop a community that will be enjoyable to live in and make it possible to reach an agreement with developers. 

 

Edmund Kindle stated one issue with the Small Area Study is water; the future land use study shows that the current build-out takes into consideration the amount of water available to ensure water availability for everyone in the area.  He stated everyone he is familiar with is currently happy with the future land use zoning; it ensures citizens that neighboring lots will not be cut smaller to increase density and lower the existing property values; and many people moved to Mims for the rural lifestyle.

 

William Haas stated the people in his area of Mims are happy with the Small Area Study because it will maintain a rural outlook; and he thinks it will leave a legacy for future generations that will have a rural area as opposed to other areas that are grown out.

 

Ronald Bartcher stated one point he would like to make is the impact on the infrastructure and the services that are provided such as police, fire and EMS; and another impact is on the resources such as water, sewer, and utilities.  He stated those impacts need to stay low; and that is what the Plan Amendment does.  He stated most people who moved to Mims did so to enjoy the rural lifestyle; one thing he enjoys is seeing land that is producing stuff as opposed to consuming stuff; and Mims has citrus groves, cows, horses, goats, and sheep.  He noted Mims also has wildlife such as wild pigs, wild turkey, deer and bobcats; because of the rural lifestyle and this reduction of density, residents enjoy less traffic, less noise, and more privacy; it was all documented in the Small Area Study; and he would encourage the Board to pass the Amendment.

 

Shawn Harris thanked Mr. Hunt and Ms. Sobrino for their time and effort into the process of the Small Area Study.  He stated Mr. Hunt has done a great job in trying to explain and come up with some kind of compromise with everyone; it has not been accomplished 100 percent, but staff and the residents have done the best they could; and he would like to remind everyone the reason the process was started was because the residents were trying to slow down and control growth, but the economy has seemed to do it for them.  He stated when the economy rebounds this issue may be looked at again; some type of mechanism needs to be in place to try to deal with it effectively; but the zoning process is still in place; and people still have an opportunity to come try to work with the community to utilize their property.  He stated he would appreciate it if the Board would pass the Amendment. 

 

Laurilee Thompson stated she would like to thank the Planning staff and the Board for all of the hard work that has gone into the Small Area Study; as Mr. Harris stated, the study was done in response to control the growth that was occurring in Mims; and one of the biggest restraints is that there is only a finite amount of water supply in Mims.  She stated a study was done that determined that if Mims is built out to the current densities that are on the current future land use map, there would not be enough water to go around; and Mims was faced with a dilemma of whether to allow the present rate of growth to occur, in which case only a few developers of high-density developments would be the main beneficiaries.  She advised there was a risk that land owners in Mims that bought properties perhaps wishing to retire to them later, would not be able to get a permit for a well in 10 or 15 years because all of the water will be gone; and that was one reason the residents of Mims wanted the Small Area Study.  She stated the urban center in Mims has been designated to be higher density; that is where there are County services,  water,  and  some sewer;  and  radiating out from the center there are lower densities; and past Lionel Road there is one house per acre, or one house per two and a half acres.  She stated the Small Area Study also gives choices to people who want larger lots; it ensures that in the future those choices will be available to people also.  She commented on Hammock Road being full of orange groves in the past, but now there are only a few patches where the orange blossoms can be smelled and seen on the trees.  She stated she hopes the Board passes the amendment.

 

Dr. Ben Storey stated those north of Grantline Road did not understand that they were included in the Small Area Study; he has met with Chairman Scarborough several times; and he has come to a conclusion that will satisfy him.  He stated his property is on wetlands and if the area is so short on water, why is the City of Titusville allowed to drill wells in Mims in order to get its water supply.  He stated he thinks the Small Area Study is a good idea, but two and a half acres is not a good lot size; he stated he is basically giving up half his land to be at two and a half acres; but he hopes the Board passes the Amendment. 

 

Chairman Scarborough stated yesterday it was discussed going 1,000 feet into Dr. Storey’s property off of Burkholm Road with one acre; and inquired if that has been reflected in what the Board is looking at today; with Mr. Hunt responding yes.  Chairman Scarborough stated his thought was that on Burkholm Road permits can be pulled; and there are flag lots that would allow the ability for one acre.  He stated the argument was made that there are lots two and a half acres and larger off of Burkholm Road, but it is not one way or another; and it seems to be a reasonable ability to look at Dr. Storey’s property.  Dr. Storey stated there a lot more one acre properties than there are two and a half acre properties; and he does not intend to sell any land.  Dr. Storey inquired why the County allowed the water to go to the City of Titusville if everyone is worried about it. 

 

Dave Chauvin stated 20 years ago he bought a parcel off of Burkholm Road; he was assured by his realtor that he would be able to develop the property in one acre lots because that is what was acceptable at that time.  He stated people do a lot of things for their retirement; some people buy annuities, but he purchased land; and that land is his intent for his retirement.  He stated he sees the proposed use as discouraging his potential for developing his property; there was consideration of developing part of it as one acre lots; but he is opposed to the Amendment deeply; and he was hoping there would be some other solution.  He stated he does not like the idea of someone telling him what he can do and cannot do with his property that he bought with good intentions for the future.

 

Commissioner Voltz inquired how many acres Mr. Chauvin owns; with Mr. Chauvin responding he has 68 acres.  Commissioner Voltz inquired if the proposed Amendment calls for two and a half acres; with Mr. Chauvin responding there were some negotiations yesterday and part of it will be one acre. 

 

Chairman Scarborough stated one-acre lots can be done on Mr. Chauvin’s property, but if he did that he would have to do a subdivision with its own streets; a way that it can be marketed immediately is with a row of one-acre lots along Burkholm Road and another row behind it that are flag lots; but to go beyond that would be a major subdivision.  Mr. Chauvin stated what was agreed  with Mr. Hunt was  that he  could use  Pennsylvania Avenue off  of U.S. 1 as a breaking point.  Mr. Hunt stated Pennsylvania Avenue is a straight shot through Mr. Chauvin’s and Dr. Storey’s properties, and Windsor Court is the cul-de-sac on the other side that would connect them together.  Chairman Scarborough inquired if that would be used rather than the 1,000 feet calculation; with Mr. Hunt responding affirmatively.  Mr. Chauvin stated his property is only 600 feet west of U.S. 1, and U.S. 1 is a main corridor for ingress and egress to get in and out of Burkholm Road; and any impact to anybody else would be minimal. 

 

Vernon Gleason stated he spoke at the Local Planning Agency meeting; and he was told he should come to the meeting again today and make his point again.  Chairman Scarborough inquired if Mr. Gleason’s problem has been resolved; with Mr. Hunt responding yes.  Mr. Hunt stated Mr. Gleason was one of the seven speakers at the Local Planning Agency meeting.  Chairman Scarborough inquired if Mr. Gleason’s concerns were addressed in Mr. Hunt’s conversations with him; and inquired if the Board is going to be able to take care of Mr. Gleason’s concerns.  Mr. Hunt responded he believes Mr. Gleason’s concerns have been resolved.  Mr. Gleason stated Mr. Hunt assured him that the Local Planning Agency instructed him to take care of his concerns; but he wanted the Board to know he is still concerned.  He stated his lot is on Todd Lane, with five acres on the north side, and two and a half acres on the south side; when the roadway was taken out, he was left with 4.6 acres; and in effect the Board is restricting him to one residence now because if he uses two and a half acres, he will not have anything left. 

 

Chairman Scarborough inquired if the Board has to specifically take action on these things that Mr. Hunt has negotiated in the last several weeks, or does Mr. Hunt want to read them into the record before the Board votes.  Mr. Hunt stated he can give the Board the specifics to fit into the motion. 

 

Carlos Springfield stated he has had meetings with Mr. Hunt and they have come to an agreement that would be amenable to both sides; and he will be giving up a significant amount of land to the two and a half acre requirement. 

 

Chairman Scarborough inquired if Mr. Springfield’s concerns can be read into the record; with Mr. Hunt responding affirmatively. 

 

Mr. Springfield stated some people like to smell the citrus blossoms; he has been trying to grow citrus blossoms for 40 years; but it is almost a thing of the past, and he can give the Board an example of why.  He stated in 2005 he sold red grapefruit for $10.00 per box; the fertilizer cost was $225 per ton; in 2006 the price of the fruit dropped to $6.00 per box; and the fertilizer cost went up to $260 per ton.  He noted in 2007 the price of grapefruit dropped to $2.50 per box; the cost of fertilizer went to $350 per ton; and it is forecast next year that the price of grapefruit will be less, but fertilizer will be $400 per ton.  He stated he cannot continue to grow fruit and he does not think anybody else can either; and the same situation is going to happen with cattle and the price of feed.

 

Diana Coffin gave the Board maps of the area where she lives.  She stated when the Small Area Study began in 2006, the western boundary of the study at that time was to only go west to U.S. 1; by March 2007 it expanded to cover all of Mims; and that is part of where the breakdown in communication occurred because people did not get all of the information.  She stated overall she thinks  the concept of  controlling the density is  fantastic; and  she thinks  it still needs to be controlled even more in the high risk area she is in off of Turpentine Road.  She stated the major issue is the lack of water; the Ballybunion Subdivision has a retention pond that is full of god awful nasty’s that are going to go into Salt Lake; and her concern is that when high density is done, she is not sure the restrictions in the high risk areas are enough.  She stated the school aspect of the study was pointed out by Mr. Hunt that the synchronizing between State, County, and local municipalities is not in place at this point; there are already multiple cubicles at all of the different schools and she is concerned that because of the lack of synchronizing there will be a further breakdown in communication.  She stated the road infrastructure was only studied for S.R. 46 and U.S. 1; all of the side roads running north and south off of S.R. 46 have become the new bypass to get around the new interchanges of S.R. 46 and I-95 because people do not like the traffic light; and as a result the south end of Turpentine Road is completely broken down.  She stated her property is 11.98 acres and she has a 25-foot easement access over her neighbor’s property to her property; and it is very restricted access.  She noted she bought her property because is was AU zoned; she wants her property to remain AU zoned; and she is concerned that the projected densities are still too great in her high risk area and are not appropriate.  She stated FEMA is now doing reevaluations in Osceola County, Orange County, Brevard County and Volusia County for flood zones; and once those evaluations are complete it will affect St. Johns River Water Management District, which will impact the Board because there will be more restrictions.  She stated people are already upset that their insurance is high, and now they will be mandated to have flood insurance.  She stated she has major issues with the County as far as trust is concerned; she spent 2006 and 2007 holding the Brevard Sheriff’s Office accountable; and she held the State Attorney’s Office accountable on another issue in which she was successful.  She stated most recently she held the Property Appraiser’s Office accountable because she has discovered it has been illegally taxing her for the last three years.  She stated she would feel better if her property is removed from the Small Area Study because it can be controlled by the deed she has that has the current restrictions legally to control her property as is; and putting her property in the study will make it more confusing.

 

Chairman Scarborough stated taking Ms. Coffin out of the study would lead to arguments by others that would movie it in the direction that Ms. Coffin is concerned with.  Ms. Coffin stated she understands that the original future land use densities were greater than the most recent study, which was a downsizing; and she wants it to be downsized even more because it is high risk.  She stated her property is a high risk flood zone area; the back of her property can be under water for weeks at a time; and whereas water is an issue anyway, her concern is not to contaminate what water currently exists.  She stated she would prefer that her deed be what controls her property because it is very specific; and that is why she is requesting to be removed from the Small Area Study. 

 

William Stroemel stated he is concerned about the Mims area; he lives between Irwin Avenue and Lionel Road off of Hammock Road; and in his area is mostly grapefruit and oranges.  He commented on the land near him as being prime agricultural land, and once the land is built on it is no longer available for agriculture, and the United States will be totally dependent on Central and South America for food.   He stated it is up to the Board to plan the future.

 

Matt Boerger stated he is in support of the Mims Small Area Study; and he would like to congratulate Randy Hunt who has worked very hard on the study. 

 

Adam Francis stated he is in support of the Small Area Study; it is important to look at what the area has; and the people who have worked on the study have put in the time and effort into making the right decisions for Mims.

 

Chairman Scarborough stated the Board needs to identify for those persons who had questions if the Board is incorporating their concerns.  Mr. Hunt stated everyone who has spoken who has a specific property concern, he has spoken to before and has identified their properties and come up with a proposed solution; and it is a question of how it would fit into a motion.  Chairman Scarborough stated the Local Planning Agency has made recommendations, but there are additional changes Mr. Hunt has made; and inquired how the Board can be assured that the changes are incorporated for the people who have spoken.  Mr. Hunt stated the Local Planning Agency asked the same question; since this is the transmittal stage, staff will have the entire package with the altered maps before the Board in May or June; and there will be another opportunity for public hearing and public comment.  Chairman Scarborough inquired if Mr. Hunt can assure the residents that what the Board transmits will take care of their concerns that have been expressed and agreed to; with Mr. Hunt responding affirmatively.

 

There be no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Plan Amendment 2008A.4, as recommended by the Local Planning Agency.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated there was an issue on the ballot in November called Hometown Democracy; and if that would have passed, this Comprehensive Plan Amendment Package would have been almost impossible to get through.  She stated there are good Comprehensive Plan changes and there are bad Comprehensive Plan changes; and this is a good Comprehensive Plan change.

 

 

 

Ernie Brown, Natural Resources Management Director, stated the Amendment is a correction relative to an inconsistency with the Comprehensive Plan and the Manatee Protection Plan several years ago; in 2003 when the Manatee Protection Plan was implemented a number of steps were required to make them consistent; and this is one oversight and it would default the activities associated with marina development to the Manatee Protection Plan and not to the Comprehensive Plan as it relates to this particular item, and it would make it more consistent.

 

There being no further comments or objections, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to approve Plan Amendment 2008.5, as recommended by the Local Planning Agency.  Motion carried and ordered unanimously.

 

 

There being no further comments or objections, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to approve transmittal of the 2008A Comprehensive Plan Amendment Package to the Department of Community Affairs.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough advised the Board is moving into Executive Session; the persons attending the Attorney-Client Private Meeting will be himself, Commissioner Nelson, Commissioner Voltz, Commissioner Bolin, Commissioner Colon, County Manager Peggy Busacca, Deputy County Attorney Eden Bentley, and Angel Hampton of the Court Reporting Service; and the session will be one hour or less. 

 

The meeting recessed at 12:34 p.m. and reconvened at 1:34 p.m.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize the County Attorney’s Office to file a cross claim for injunctive relief and any other appropriate relief against the co-defendant owner and operators of the River House Tavern and Grill located at 8975 U.S.1 in Micco.  Motion carried and ordered unanimously.

 

 

Glenda Busick stated she objects to approving 11,000 more houses in Viera that would bring the total number of houses to 30,000; it would be a five fold increase of the 6,000 houses that Viera already has; and there is already gridlock on parts of I-95 and Wickham Road.  She inquired where the water is going to come from for 30,000 houses; there will be a water shortage; and the water bills will go up. She stated Florida TODAY ran an article on March 14, 2008 that stated Georgia is fighting Florida and Alabama over control of water; the City of Jacksonville and surrounding counties are challenging Seminole County’s plan to draw five million gallons of water from the St. Johns River; and getting water from the St. Johns River is going to be a big problem.  She stated toll roads have also been addressed; and besides having water problems, how will the County get the money to build the roads that will be needed for the new houses when there is already a $1 billion in deficit in roads already.  She stated Florida TODAY stated the County should have some tolls to be able to pay for roads; the legislature wants to cut property taxes another $25,000 and add a penny sales tax; and she wants lower property taxes; but she realizes where that puts the Board.  She stated she would like to ask the Duda Family and he Viera Company  to have mercy on the  citizens; and they can take the high road by admitting all the damage they have done to the roads and realize the State and County can never come up with enough money to fix the $1 billion deficit in roads they have caused.  She sated the Duda Family and the Viera Company can be good neighbors to the citizens of Brevard County and withdraw the DRI request; but she does not think they want to do that.  She noted no one asked the citizens if they wanted a whole new community that has no roads, no water, and no fire stations; she is hoping the Board hires DRMP to give the road data that will nail this coffin closed so that The Viera Company will not have any recourse and will never get the roads.  She stated she approves of the Boards transmittal letter to the Department of Community Affairs.

 

Chairman Scarborough stated procedurally there are two issues; he recalls that the motion would be for the Board to hire DRMP to do the work concurrently with what is proceeding; and it was his understanding the Board would discuss the DRMP issue before the transmittal issue because there is reference to the DRMP contract in the transmittal. 

 

John Denninghoff, Transportation Engineering Director, stated at the Planning and Zoning Board meeting, after the transmittal hearing, staff presented a draft scope of services from DRMP for the analysis for all of the transportation aspects associated with the DRI application; and that analysis was given to the Commissioners.  He stated subsequently he asked DRMP to take another look at their scope and break it into segments that could be done independently of one another, or sequentially; DRMP has done that; and staff has received a scope that is broken into four phases.  He advised the first phase has a total of $194,000; the other phases all total up to the amount the Board saw previously, which is $296,000; and the first phase is what would be needed and has the longer lead items associated with it that need to be done.  He stated the Board could direct DRMP to proceed with that aspect initially; and then give DRMP subsequent notices to proceed on the other phases, or the Board can stop if it desires.

 

Commissioner Bolin inquired what are the tasks in phase one; with Mr. Denninghoff responding there is a calibration of the model; the second one would be reviewing the analysis assumptions that were utilized for the DRI; looking at a distribution analysis that would be required to assure that all the distribution of the traffic is properly configured; there is a number of meetings that would be associated with all of it; and it is all included in the $194,000. 

 

Chairman Scarborough stated his concern is that the Board is pushing items through for review by different agencies and yet it does not have its ducks in a row; and it is the wrong time to be transmitting if the Board is not transmitting everything.  He stated dividing it up into several tasks does not appear to do anything but go in the wrong direction; either the Board does not transmit anything, or it runs the full gamut and have the full report available.

 

Commissioner Bolin stated she agrees with Chairman Scarborough; and the Board should hire DRMP for the entire project.  Chairman Scarborough stated the Board can attach its full scope of services; stated Ms. Busick made some excellent points; but if it is done right it can be a wonderful project.

 

Commissioner Nelson stated he supports the study because he believes it is critical; if anything is going to go wrong, that is where it is going to be; and that is going to be the most expensive one to correct.  He stated he has a question on the funding source itself; the Board has not identified the funding source; but the presumption is that it will be reserves or contingency.  He inquired if there are funding sources that would be used for that purpose and that are transportation related; with Mr. Denninghoff responding he is not sure.  Mr. Denninghoff stated he has been asked if impact fees could pay for it; but he thinks probably not, as impact fees are sacred in the sense of providing that additional capacity.  He noted there has also been the question of a Local Option Gas Tax; the problem with Local Option Gas Tax is that it has been bonded; and the revenues are committed on debt service on those bonds.  He stated there is a small amount of collections the County gets each year that are slightly above the debt service obligation; however, he would caution that the trend for the Local Option Gas Tax is in a downward direction.  He advised for the Local Option Gas Tax, unlike State and federal funds that are derived from gasoline sales, Brevard County is on a per-gallon basis; as the price of gas goes up, the number of gallons sold goes down and so the County collects less money; but if it was on a per-dollar basis the County would be getting more money. 

 

Commissioner Nelson inquired if the Board has used transportation dollars for studies; with Mr. Denninghoff responding affirmatively and this would just be a new project.  Commissioner Nelson inquired if the County has any projects that have not utilized all of the budget; with Mr. Denninghoff responding there are still projects that are out there that have not consumed all of the money, but they are not completed yet either.  Mr. Denninghoff stated he is unaware of any that are completed to where there is excess dollars associated with them; there are some projects that were short funded previously that the excess dollars could be going to; and he is concerned about that; but if that is the Board’s desire, staff can restructure it.  Commissioner Nelson stated Mr. Denninghoff has done a good job of protecting transportation dollars; but the Board has the same issues associated with General Fund dollars; and the Board may need to look at reprioritizing a variety of things including transportation project.

 

Commissioner Voltz inquired if there is any pot of money that the funding can come from; with Mr. Denninghoff responding $300,000 could come out of the transportation funds that are available.  Mr. Denninghoff stated he does not think it can be done without taking careful consideration to reprioritize something; there are projects that have recently been bid; there are other projects that are about to be bid; and the bids are coming in lower than previously anticipated. 

 

Commissioner Voltz inquired if the Board can use impact fees; with Attorney Knox responding the County spends impact fees for projects that are caused by the new development, so the Board probably could use impact fees in this case.  Chairman Scarborough stated he would like to make a decision on the DRMP Contract; but the Board can come back with the funding issue subsequent.

 

Commissioner Bolin stated her proposal is that the Board move forward with the hiring of DRMP with   the   understanding   that   at   this  point  in  time  the  Board  would use the General Fund Reserves with the understanding that it would be replaced with transportation dollars or impact fees as soon as they are deemed available to be used.

 

Commissioner Nelson stated his preference would have been to do transportation first and General Fund second.

 

Attorney Knox stated before the Board makes the motion to hire DRMP, it needs to pass the Resolution so it can get exemptions from the CCNA.  He read the title of the Resolution. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Transmittal Letter to the Florida Department of Community Affairs regarding the 2007-C Comprehensive Plan Amendments relating to the Viera DRI West Expansion Area and approve the Scope of Services for additional traffic analysis to be performed by DRMP; adopt Resolution declaring a public emergency for the purposes of the Consultant’s Competitive Negotiation Act (CCNA), Section 287.055, Florida Statutes, as it relates to the review of traffic impacts associated with Comprehensive Plan Amendments proposed by The Viera Company in conjunction with Development of Regional Impact Review; and authorize the Chairman to sign the Transmittal Letter on behalf of the Board.  The Board further authorized the Chairman to execute the Contract with DRMP; authorize the Budget Office to make any necessary budget changes to implement the Contract; and direct staff to proceed with an allocation from the General Fund Reserves with the understanding it will be replaced with transportation dollars or impact fees as soon as they are available to be used.  Motion carried and ordered; Commissioner Colon voted nay.

 

 

Chairman Scarborough inquired if the concerns from citizens were addressed; with Ms. Sobrino responding affirmatively. 

 

Mary Sphar stated there is a sentence on page 2 that says the Board anticipates adopting the amendments in August.  Commissioner Voltz advised it will be October instead of August.  Ms. Sphar commented on a sentence that she had some concerns with, which has been corrected.

 

Commissioner Nelson stated he looks at the transmittal letter as an opportunity to do some beneficial things; the Board is going to get additional comments it may have not considered; and his perspective is that there will be a larger body of information.

 

 

 

Clayton Bennet, representing Vistar Realty, stated he is asking for a six-month extension to the approved site plan.  He stated his client has informed him that at this point he has pre-leased over 75 percent of the commercial space; and he has also cleared the property and is moving forward with the development; but the site plan is scheduled to expire on March 23, 2008.  He stated as part of the pre-lease agreement, his client has to make some revisions to the building footprint;  and in addition  he has to increase  some turning  radiuses  to allow larger  vehicles to access the site and also modify some parking.  He advised he is asking for a six-month extension, which will allow his client to coordinate with the Land Development Office to process an engineering revision or an amendment to the site plan; and once that is processed his client will be able to move forward with obtaining a building permit.

 

Commissioner Voltz inquired if six months is enough time; and she knows there has already been one six-month extension; with Mr. Bennett responding staff has already granted one six-month time extension.  Mr. Bennett stated he would hope it would be enough time.  Commissioner Voltz stated if Mr. Bennett is going to come back to the Board after six months, she would want something to be substantially done before the Board would allow more time. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant a waiver of Section 62-3204(h)(3) to allow a six-month extension for the expiration date of an approved site plan for The Villages to allow the applicant additional time to begin the project.  Motion carried and ordered unanimously.

 

 

David Sheriff stated recently his co-worker’s daughter had her car towed on a Friday evening; it was towed by mistake; when she went to pick it up the next morning the towing company was closed; the towing company was closed again on Sunday; and she could not get her car until Monday.  He stated when she picked up the car on Monday, she was charged for the days that the towing company was closed, for storage fees.  He stated it seems unfair for towing companies to be able to charge for days that they are not open for business; and inquired if there is anything the Board can do about that problem.

 

Chairman Scarborough stated today the Board is only talking about an increase in rates; and in fairness to the towing companies, the issue would have to be on an Agenda.

 

Commissioner Voltz stated she agrees that it is unfair; if towing companies are going to be closed they should not charge; and it is irresponsible for someone to tow a car away and then charge when it is closed over the weekend.  She stated she would like to see the issue as an item on a future Agenda.

 

Chairman Scarborough stated apparently the Board has been giving the increases historically over a period of time; he does not know if he wants to support an increase since the rates have been going up; and inquired how many years the Board has given increases.  Permitting and Enforcement Director Ed Lyon responded he has been with Permitting and Enforcement for three years; he knows there have been increases in those three years; but he does not have recollection prior to that. 

 

Commissioner Voltz stated the rates are minimal going up.  Chairman Scarborough stated the rates have been going up historically.  Commissioner Voltz stated she understands when taking into consideration the price of gas and everything else that is going up. 

 

Commissioner Colon stated she agrees with Chairman Scarborough and she will not be supporting the increase.

 

Commissioner Nelson inquired if the Resolution allows the Board not to approve an increase in rates; with County Attorney Scott Knox responding the current Resolution reads that all towing companies working under the Resolution shall be entitled to an annual increase of three percent or published CPI, whichever one is over.  Commissioner Nelson inquired if the Board can amend the Resolution; with Attorney Knox responding he will have to check on that and report back to the Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to table Resolution for Annual Increase in Maximum Towing Rates, that may be charged on non-consensual towing of vehicles.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize the Solid Waste Management Director to modify the Capital Improvement Program replacement component to replace a compactor in the 80,000 pound weight category with a compactor in the 120,000 pound weight category and approve the necessary budget changes.  Motion carried and ordered unanimously.

 

 

 

Commissioner Bolin, seconded by Commissioner Voltz, to execute Task Order No. 07-02 between Brevard County and Jones, Edmunds & Associates, Inc. (JEA) to assist the Solid Waste Management Department in modifying the existing operating permit for the Sarno Road Landfill.  Motion carried and ordered; Commissioner Colon voted nay.  

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to execute Task Order No. 07-04 between Brevard County and Jones, Edmunds & Associates, Inc. (JEA) to conduct an Environmental Impact Assessment of the Sarno Road Landfill required by the City of Melbourne for obtaining an Conditional Use Permit (CUP) for a proposed landfill expansion project.  Motion carried and ordered; Commissioner Colon voted nay.  

 

 

County Manager, Peggy Busacca, advised Mr. Highstone has requested that the item be tabled.  Natural Resources Management Director Ernie Brown advised the applicant, Michael DiChristopher, submitted by email his request to table to no earlier than April 1, 2008 due to some of the expert witnesses not being able to be present today to respond to the technical nature of the public interest determination. 

 

Al Wilkins stated his property is adjacent to the proposed Pine Road; he has lived there for five years; and he has two concerns about the request.  He stated putting a road within five feet of the canal is not a good idea; and his other concern is that the impact on Banana River Drive will be phenomenal. 

 

Chairman Scarborough inquired if it is Commissioner Nelson’s inclination to table the item or to take action; with Commissioner Nelson responding he would like to hear the item.  Chairman Scarborough stated if Commissioner Nelson is contemplating the item, he may want the speakers to address the tabling as well as the merits.  Commissioner Nelson stated he wants the citizens to have the opportunity to speak; but he also would want to table the item so the Board can hear the entire story.  Chairman Scarborough stated he wants the citizens to understand that if the item is tabled, the Board may or may not recall the discussion that was held today when it comes back before the Board.

 

Mr. Wilkins stated the main concern is that the residents have been hearing about future densities of 15 units per acre; and he lives on the only road in and out of the area, which is a single lane dead-end street near a school zone.  Chairman Scarborough advised the applicant has requested the item be tabled. 

 

Michael Lindquist stated he lives at the end of Sun Pointe Place; there is wildlife in the area such as osprey, bald eagles, raccoons, and bobcats; and to disturb the area would be a travesty.  He stated it is the only place left from the tip of Horde Pointe, all the way north to S.R. 528, that is left for wildlife.  He stated he will come back if the Board tables the item and he will be better prepared; but the citizens needs to protect what is left in the County that is not built.  He commented on living in Deerfield Beach for 10 years and being very happy to move back to Brevard County. 

 

Robert Penoyer stated he will withhold his comments until the applicant is present because he would like to hear what he has to say.

 

John McCombs stated he concurs with Mr. Penyoer and will wait to speak when the applicant is present.

 

Jerry York stated he is from Lexington, Oklahoma; he showed the Board a picture of his house on the north end of a canal; he bought the property in 1990 when he was in California; he did not like the house; but when he walked behind the house and saw the wetlands he bought the property.  He stated he lived in that home for eight years until he moved back to Oklahoma; the wildlife on the wetlands is beautiful; and he commented on the various species of wildlife that could  be  seen  from  his  home.   He  stated  if a 500-foot road  is built  along  the canal for one single-family  home,  it will have  to be  maintained  by  the County;  and inquired  why would the Board approve a 500-foot road along a canal for a single home.  He stated his canal home, and other canal homes on Coquina Drive are for sale right now; there are numerous canal homes that are available from S.R. 520 and S.R. 528; and with the recent loss of 350 jobs at Sea Ray, there will be additional canal homes for sale in the area.  He stated there the Board should not approve of the building of the road to support a single canal home; and he has been told that this is only a smoke screen to be able to build condos in the area.  He stated in looking at the additional property the applicant and his associates is buying in the area, he has heard there will be four-story condos on the property.  He stated the subject property is one of the few remaining wetlands between S.R. 528 and S.R. 520; and he cannot imagine destroying the wetlands.  He noted when he bought the property in 1990 he never dreamed the issue would come up; he is disappointed that the applicant scheduled the item on the Agenda; many people came who had to take time of from their jobs; and the applicant did not even show up. 

 

Commissioner Voltz inquired if the Board has to allow the item to be tabled; with Attorney Knox inquiring if the public interest determination and public hearing were advertised.  Mr. Brown advised a public interest determinations do not require the advertisement as a public hearing; however, staff treated it as such being that it is a public interest; and it is not a traditional public hearing as there are in other areas of the law; but it was noticed and put in the newspaper.  Attorney Knox advised if an applicant fails to attend a public hearing, he or she runs the risk of the Board doing some that was not expected; and the Board can do whatever it wants to do. 

 

Commissioner Nelson inquired if there is a risk of the item being thrown out because it was advertised as a public hearing because the Board did not take the applicant’s comments; and inquired if the Board is at risk of litigation.  Attorney Knox stated the applicant takes the risk if he or she did not show up; and anyone can sue the Board if they want to.

 

Commissioner Nelson stated the precedent that would be set by approving the request would be unacceptable for a whole variety of reasons; and based on what the Board is looking at today, to set a precedent of public determination for a road along a seawall is not something the Board needs to do as a County.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to deny public interest determination request regarding the proposed Pine Road Extension Project within the Surface Water Protection Buffer.  Motion carried and ordered unanimously.

 

 

Commissioner Colon inquired when there is a zoning issue, is that when it is more strict in allowing a request for tabling; with Attorney Knox responding there are specific rules for tabling in the Zoning Code. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Option 1 to permit ability to impact wetlands for proposed development where current configuration meets substantially surrounded criteria; for allowance to be subject to a Developers Agreement; and to direct staff to apply this interpretation to Carver Industrial Park, Brevard County Site Plan No. 07SD-00107.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to waive requirement for a six-foot masonry wall along the north property line of Cypress Mulch and Sod, Inc. per Section 62-3204(g)(4)(g).  Motion carried and ordered unanimously.

 

 

 

The Board reappointed Joane Masuret to serve on the Local Health Council of East Central Florida, with term expiring October 1, 2009. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Contract for Sale and Purchase with William G. Moseley and Gayle Moseley Brown to purchase one of the last two Wickham Park Outparcel properties.  Motion carried and ordered unanimously.  

 

 

David Coddington stated he owns property in Canaveral Groves; he is a former resident of Palm Bay; and he had to move away due to his job; but he loves Brevard County and he is now at the position to return to Brevard County.  He stated he would like to be able to build a home on his land; his rights are just as important as anybody else’s rights; and if someone else is able to build a home in West Canaveral Groves, then he should be able to also.  He noted someone who owns property closer to Satellite Boulevard should not be able to restrict his access to be able to build a home.

 

Chairman Scarborough stated most people will be happy with the solution the Board has for them.

 

Kevin Sullivan stated he owns property in the subject area; he has neighbors on both sides of his property,  but he cannot  obtain a building  permit or  clearing  permit  to use his property; his goal is to have a buildable lot; and he is willing to pay his fair share for the improvements that will benefit his property.  He stated he has seen the staff report; he does not have a problem with the enhanced notice to the property owners; and anything the Board can do to make his lot buildable would be appreciated.  He stated he spoke to Commissioner Nelson recently about a concern on some property he has on the north/south road; and he wants to make sure that whatever the Board does, that person who lives on the corner at the end of the side road – if they ever donate land or right-of-way easement – that they also need to do the side of their corner lot, because if they did not do that he would not be able to build on his lot; and he would like the Board to take that into consideration. 

 

David Sheriff stated he has several lots in West Canaveral Groves; the plats in West Canaveral Groves are laid out like many other subdivisions in the County; there are hundreds of different one-acre lots; and the plats look like the area is a neighborhood that will be developed in the future; and people bought lots thinking there was going to be a community there.  He stated he would like to complement the County on Section 33 in Canaveral Groves; people are now building $300,000 homes; and it is a community. 

 

Chairman Scarborough noted the community itself approved an MSBU in order to be able to do that in that area; and the property owners paid for the improvements.  He advised the Board has approached the community in West Canaveral Groves many times about doing something similar again, but no one agrees to it. 

 

Len Beckett stated he represents the West Canaveral Groves Homeowners Association; and the homeowners association is in support of Options 1, 2, and 3.

 

Chairman Scarborough stated the Board wants to move forward; Options 1, 2, and 3 allows the people who want to build to build; Satellite Boulevard can have permits pulled from it because it is County maintained; and the issue became would people who were already there have to pay for somebody else who is on a side street. 

 

Chairman Scarborough passed the gavel to Vice Chairman Bolin. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Option 1 to notice property owners of unpaved road agreement and MSBU requirement prior to accepting privately-held ROW deeds; Option 2 to notice property owners of vacant land prior to the Board accepting an unpaved road agreement; and Option 3 to exempt existing homesteads from the MSBU requirement if home was constructed prior to an unpaved road agreement. 

 

 

Commissioner Nelson inquired how Mr. Sullivan would get his building permit for his lot that is on a side street.  Chairman Scarborough replied Mr. Sullivan can do everything anybody else can;  but he  would not be having  the contribution to the MSBU by other people.  Commissioner Nelson  stated  if  Mr. Sullivan’s  house  were  number 10,  and the  other 9 were  already  there, would he have to pay for the road entirely at his cost; with Assistant County Manager Mel Scott stated  he heard  Commissioner Nelson  describe  three  circumstances  that  he would  like  the record to reflect; and he would like to explain what the motion does not do.  He stated the motion does not alleviate a problem that many lot owners have in which they have between them and Satellite Boulevard; and they are unwilling lot owners regarding their donation of right-of-way; this agenda item does not address that item at all; if one has a lot that has 10 lots between it and Satellite Boulevard, and the string of pearls is broken so that there are three or four lot owners who are unwilling to donate their right-of-way, that challenge is not addressed in this agenda item.  He advised the agenda item addresses this challenge; if there are two existing homes that do not want to participate between one lot and Satellite Boulevard, and a dirt road agreement that is moving forward, and because the homeowners are already there and enjoying the rights of their homestead, do not want to participate in the MSBU, once 51 percent of the lots are developed and the paving starts, this agenda item does solve that problem; and it exempts the existing homeowner from an MSBU because they are there. 

 

Mr. Beckett stated he has three lots on the corner; it would mean for him to give up 300 feet on one side and 900 feet on another side; and that is a lot of property.  He stated the County is going to ask him to give it up and pay for the improvements; and there is no benefit to him.  He stated he would be more inclined to give up the right-of-way if he does not have to pay for the improvements. 

 

Vice Chairman Bolin called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize redeeming the outstanding Series 1994A Mental Health Facilities Refunding Revenue Bonds; and authorized Circles of Care, Inc. to purchase the facilities from Brevard County for $1.  Motion carried and ordered unanimously.

 

 

Upon motion and vote, the meeting adjourned at 2:46 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)