January 29, 2002
Jan 29 2002
MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
January 29, 2002
The Board of County Commissioners of Brevard County, Florida, met in regular session on January 29, 2002, at 5:30 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O'Brien, Nancy Higgs, Sue Carlson, and Jackie Colon, County Attorney Scott Knox, and County Manager Tom Jenkins.
The invocation was given by Commissioner Jackie Colon, District 5.
Commissioner Randy O'Brien led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Higgs, seconded by Commissioner Colon, to approve the Minutes of October 30, 2001 Regular Meeting, and November 1, 20, and 29, 2001 Regular Meetings. Motion carried and ordered unanimously.
REPORT, RE: LIBRARY FOUNDATION
County Manager Tom Jenkins stated Ned Kellar is present to give the Board a brief report on the work of the Library Foundation.
Ned Kellar stated the Library Foundation is alive and well; and in July, 2001 it will be two years old. He stated there is $174,000 in the bank, so progress is being made; and two fund raisers called Novel Affair have been held, which netted $57,000. He stated enough money has been raised to purchase over 1,000 books, which have been purchased and distributed to the different libraries across Brevard County; recently they had an end of the year mail-out for books; and the response was at 5%, which is not bad as they mailed out 1,500 letters. He advised there was one children's reading festival last year, and over 1,000 people attended; the next reading festival is planned for April, 2002 in Melbourne; and the speaker will be renowned author Nancy Carlson, who is known by all who have anything to do with children's books. He stated a priority project has been adopted for 2002; it is called a mobile library; and he has copies of the proposal to give each Commissioner. He advised it will cost $97,000; $30,000 has already been received towards the cost of the library; and they hope to have the money in hand by October, 2002. He stated the Library Foundation will be going public with its campaign in April, 2002; there is a new web site; and it will show everything about the Foundation. He advised it can be accessed any time of the day. Mr. Kellar stated the Library Foundation will continue to work with corporations and foundations; send out grant requests on a regular basis; and have promising grants for the mobile library. He stated working with the Library Foundation continues to be a joy for him. He stated Mr. Jenkins has done a good job hiring good people; and it makes the Library Foundation's job easier. He advised the Library Foundation will be working with the elderly who are home bound or in an assisted living facility; and it will be working with children where transportation to and from the library is not easy, and taking the library programs to them. He stated it is just a part of what the Library Foundation is doing; and it will be expanding the services Brevard County provides.
REPORT, RE: VIETNAM VETERANS OF BREVARD
Commissioner Carlson stated she wants to update the Board about the Vietnam Veterans of Brevard's annual awards ceremony and the installation of officers. She stated each year the Veterans recognize those who have helped in the community, and gave the Board a plaque. Commissioner Carlson read the plaque; and advised there is a plaque for each Commissioner.
REPORT, RE: DISPOSAL OF THE UNITED STATES FLAGS
Commissioner Carlson advised there was an article in the newspaper regarding disposal of the United States flag; there are many people flying flags; and there is a concern of how to dispose of the flags properly. She suggested County Manager Tom Jenkins put something in the newspaper about ways to properly dispose of the United States flags.
REPORT, RE: SPACE COAST POPS
Commissioner Carlson stated the exhibit in the foyer is the Space Coast Pops; and suggested Vera Walker, who has been with Space Coast Pops for many years, to say a few words, and give the Board an update.
Vera Walker stated the Space Coast Pops appreciates the grants from Brevard County, sending the buses to the nursing homes, and bringing people in wheelchairs for the free concert they have in November. She stated the Space Coast Pops plays happy music; they have filled the auditorium, so they moved to the First Baptist Church on Merritt Island; and the first concert there had twice as many people as at Brevard Community College. She stated the prices have been lowered so more money can be taken in; and every year they have finished in the black. She stated the concert in January was the Vienna waltzes; and it makes everyone happy. She stated they had it at the same time as the King Center's program; the newspaper advertised the price for the King Center as $45; underneath that the Space Coast Pops had seats for $10; and the Space Coast Pops had more people than the King Center program. She stated the next concert will be the Best of Broadway; they use local people; and one of the best things they have had was the Westside Elementary School steel drums band. She advised a lot of fun is had, and culture is being brought to the community. She stated the Space Coast Pops appreciates the help from the Board of County Commissioners.
REPORT, RE: TOWN MEETING
Commissioner Colon advised the town meeting at the beaches was Saturday, January 26, 2002, which was very well attended. She stated there was approximately 50 people present; different subject were discussed; and it was a very good meeting.
Commissioner Colon advised she will be going to observe the Mental Health Court in Broward County, along with County staff. She stated Friday they met on the issue of drug court; and she will be giving the Board a report.
DISCUSSION, RE: BREVARD TOMORROW
Chairman Scarborough inquired if Commissioner Carlson will explain what is happening with Brevard Tomorrow.
Commissioner Carlson advised the final touches have been put on the implementation plan; and the strategic plan is complete. She stated up to the strategic plan is on the web, which is at brevardtomorrow.com; and it gives an update of where they currently are. She stated a business plan is being put together; there will be a discussion in the Strategic Planning Workshop on February 28, 2002; and Brevard Tomorrow will be a lead off and will bring everyone up to date on its process.
DISCUSSION, RE: RAILS TO TRAILS PROJECT
Chairman Scarborough advised Brevard County, along with Volusia County, is trying to get $1,400,000 for the Rails to Trails Project. He stated there is an abandoned railroad that runs from north of Titusville into Volusia County, and almost to Seminole County; and they did not get the money, but a committee heard it, and re-ranked the project, and gave them the money. He stated he was the lead person in Brevard County; and in Volusia County, Commissioner Pat Northey was the lead. He stated they could not attend, so Randy Morris from Seminole County made the presentation because he is the chairman of the East Central Florida Regional Planning Council. He stated it is nice to have multiple people involved; and he needs to thank Representatives Randy Ball and Bob Allen.
Commissioner Carlson inquired if Chairman Scarborough would explain what would
happen if this becomes a reality; with Chairman Scarborough responding the National
Rails to Trails rated this as the number two project in the country; and it
was a vital part of a puzzle. He stated to go down the east coast to the south
part of Florida, they need that linkage; it is a pristine area; and the only
area that is populated in the central part of the State is the Orlando, Seminole
County area; and this has beautiful linkage into about 170 potential miles of
trails throughout Central Florida. Commissioner Carlson inquired how many miles
of trails; with
Chairman Scarborough responding 15 miles in Brevard and another 15 miles in
Volusia, for about 30 miles of trails, with a potential of 170 miles.
DISCUSSION, RE: TIME CERTAIN PERSONAL APPEARANCES
Chairman Scarborough advised Nelly Strickland contacted his office; while there is a rule regarding personal appearances and a time certain, there are Americans With Disabilities Act rules that have to be followed; County Attorney Scott Knox advised him there is an affidavit that can be filed; but the affidavit is not exclusive. He stated if the Board has medical evidence, or know of persons with disabilities, they can be given a time certain. He advised it is contrary to Policy; and inquired if anyone had a problem with the Policy being handled that way. He stated when he reviewed the minutes there were comments regarding if there is a number of people, the Board could consider that for a time certain.
Commissioner Higgs stated as long it is put on the Agenda as an Agenda item as opposed to a personal appearance, it is appropriate to give it a time certain; but if it continues to be a personal appearance, the Board needs to stick with the rules. She stated if it is an action item under new business, such as a discussion one of the Commissioners might put on, then it falls under that category. Chairman Scarborough advised a personal appearance is not the public comment at the end of the meeting; and there is a rule that does say a time certain should not be given for personal appearances. Commissioner Carlson advised a personal appearance is supposed to come back as a new business item as the Board has discussed previously. Commissioner Higgs stated the Board did not discuss this item; it was changed today; and if staff or an individual Commissioner wants to make it a business item or Agenda item, then it will qualify as a personal appearance. She stated that is the way to handle it. Chairman Scarborough inquired if someone fills out a personal appearance form he/she would be qualified; with Commissioner Higgs responding that does not qualify for a time certain. Chairman Scarborough advised he violated the rules for tonight's meeting with the Villager Condominium, because the cover sheet shows a personal appearance. Commissioner Higgs advised the way to handle that is for someone to have made it into an Agenda item; and that takes care of it. Commissioner Colon stated regarding the Villagers, it was difficult for them to drive in the evening, so they are all coming at one time in a bus. Chairman Scarborough stated the reason the Board gives a time certain is if there is a massive number of people coming for one item; and it is nice for everyone to know when their item is going to be heard. He recommended County Attorney Scott Knox bring back to the Board rules dealing with a large showing of people for one item; and it may be the Board's intent to issue a time certain in those cases. Commissioner Carlson advised with personal appearances, the Board does not normally take any action, and may refer it to an Agenda item. Chairman Scarborough stated he is speaking of a general Policy when a Commissioner wants to give a time certain; and in those cases, a time certain should be considered, but not necessarily given. Commissioner Higgs stated the Board should stick with the Policy. Chairman Scarborough stated Nelly Strickland, who is here for a personal appearance, actually wants the Board to vote on something called Vector Works in Titusville; so that is an action item, not a personal appearance. He stated a personal appearance should not have been given, but it should have been an action item with a time certain. Commissioner Carlson stated as long as a Commissioner thinks an item is going to be an issue, and many people will be attracted, he or she should make sure it comes under a business item. Commissioner Colon advised the people from the Villager were put on the Agenda under the suggestion of Environmental Services to come before the Board as a personal appearance; and she did not know about it. She stated she found out about it through Chairman Scarborough's office.
RESOLUTION, RE: RECOGNIZING DR. HEIDAR HESHMATI
Commissioner O'Brien read aloud a resolution recognizing Dr. Heidar Heshmati.
Motion by Commissioner O'Brien, seconded by Commissioner Higgs, to adopt Resolution recognizing and commending Dr. Heidar Heshmati, Brevard County Health Department Director and the dedicated Health Department staff for their dedication and hard work, which resulted in the recent State of Florida Davis Productivity Awards and positive Statewide health rankings. Motion carried and ordered unanimously.
Dr. Heidar Heshmati stated the Health Department has the best staff; and they
are very hard working and very good partners in the community. He commended
the County staff; and stated they are the best because there are great Commissioners
supporting the Brevard County Health Department. He advised last year the Health
Department was the winner of nine Florida Davis Productivity Awards, and this
year won four. He stated based on an independent study by the University of
South Florida, and Brevard County came up number one out of the large counties.
Commissioner O'Brien presented the Resolution to Dr. Heshmati.
PRESENTATION OF PLAQUE, RE: BREVARD COUNTY'S EFFORTS IN FOOD DRIVE
John Venice, President of the Board of Directors of the Central Brevard Sharing Center, stated they are here to present the County Commissioners with plaques for Brevard County's participation in the food drive in the fall of 2001. He advised the Center was in dire need of food; and have seen an increase in donations since September 11, 2001; and the food generated by Brevard County helped the Sharing Center. He invited the Commissioners to come by the Brevard County Sharing Center at their leisure. Commissioner O'Brien suggested sharing the location of the Sharing Center in the event people would like to donate food.
Carol Thompson, Executive Director of the Brevard County Sharing Center, stated the food drive was Countywide; and it not only benefited the Central Brevard Sharing Center, but North Brevard Charities Sharing Center and South Brevard Sharing Center. She stated if it was not for the drive, the Sharing Center would not have been able to give out 11 ½ tons of food out of the food pantry in the month of October, 2001. She advised the Brevard County Sharing Center is physically located at 113 Aurora Road, Cocoa, Florida; and there is a community kitchen that they fed over 35,000 persons in 2001.
Commissioner Colon stated she worked closely with the South Brevard Shelter and Our Lady of Grace Church; and the volunteers make a world of difference in the community.
Commissioner Higgs suggested Assistant County Manager Don Lusk recognize County
staff who participated in the food drive. Assistant County Manager Don Lusk
advised if he listed names, someone would be forgotten; and every County department
played a role. He stated SCAT and Housing and Human Services had major roles
in the food drive; and it was a Countywide effort. Commissioner Higgs thanked
all County employees for their efforts.
RESOLUTION, RE: COMMENDING ROCKLEDGE HIGH SCHOOL FOOTBALL TEAM
Commissioner Carlson read aloud a Resolution commending Rockledge High School Football Team.
Motion by Commissioner Carlson, seconded by Commissioner Colon, to adopt Resolution recognizing the achievements and outstanding season of the 2001 Rockledge High School Football Team and offering them congratulations on their State Championship Title and best wishes for a successful future. Motion carried and ordered unanimously.
Rockledge High School Principal Tony Hines stated Coach Wood is a new father
so he will not be present at the meeting; but the Offensive Coordinator Larry
Liscowski is here; and 38-6 shows the power of the offense that was put together.
He stated they would like to thank Brevard County for the support given to Rockledge
High School.
Commissioner Carlson presented the Resolution to Mr. Hines and Mr. Liscowski.
WAIVER OF PERMITTING AND REVIEW FEES, RE: WILLIAMS BUILDING PROJECT IN
TOWN OF MELBOURNE BEACH
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to waive the review and permitting fees assessed by County agencies for renovations of the historical Williams Building in the Town of Melbourne Beach. Motion carried and ordered unanimously.
ACCEPTANCE OF DEED FROM MELVYN R. YUSEM, TRUSTEE, RE: ROAD ABUTTING
CURTIS BOULEVARD
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to accept the Deed transferring road right-of-way from Melvyn R. Yusem, Trustee, in Section 13, Township 23S., Range 35E. in Port St. John to Brevard County. Motion carried and ordered unanimously.
CONTRACT WITH DEPARTMENT OF CHILDREN AND FAMILIES, AND APPROVAL OF
BUDGET AMENDMENT AND FULL TIME POSITION, RE: COMMISSION ON
HOMELESS
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Contract with Florida Department of Children and Families, effective February 2, 2002 through June 30, 2004, in the amount of $87,660; authorize an amendment to the current budget; and authorize necessary administrative action to employ a full-time Planner I position for the new Commission on Homeless. Motion carried and ordered unanimously.
APPROVAL OF PUBLIC SALE, RE: COUNTY EQUIPMENT
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the public sale of County-owned equipment, and grant permission to accept or reject high bids in cases where the bid price is below the received value to the County, using the experience from previous sales and following OMB A-87 and 24 CFR (85) guidelines for the disposition of equipment. Motion carried and ordered unanimously.
REAPPOINTMENTS AND PERMISSION TO ADVERTISE VACANT POSITIONS, RE:
AFFORDABLE HOUSING COUNCIL
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to reappoint Suzan Baiocco, George "Ed" Palmer, and John Saxton to Affordable Housing Council, with terms expiring December 31, 2003; and grant permission to advertise vacant positions. Motion carried and ordered unanimously.
PERMISSION TO PURCHASE, RE: PICK-UP TRUCKS FOR NORTH AREA PARKS
OPERATION
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the purchase of two 2002 Chevrolet or GMC equivalent HD ¾-ton pick-up trucks by formal bid for standardized Chevrolet purchases for referendum projects in North Area Parks Operations. Motion carried and ordered unanimously.
PERMISSION TO APPLY TO FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, OFFICE OF GREENWAYS AND TRAILS, RE: RECREATIONAL
TRAILS PROGRAM GRANT
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to authorize the Parks and Recreation EEL Program to apply to the Florida Department of Environmental Protection, Office of Greenways and Trails, for a Recreational Trails Program Grant in the amount of $200,000 for the EEL Barrier Island Ecosystem Center. Motion carried and ordered unanimously.
PERMISSION TO PURCHASE, RE: AMBULANCE/RESCUE TRANSPORTS
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve the purchase of four new replacement ambulances and one new additional ambulance from Wheeled Coach, Inc., approved vendor on the State contract. Motion carried and ordered unanimously.
REAPPOINTMENTS, RE: CITIZEN REPRESENTATIVES ON INTERNAL AUDIT
COMMITTEE
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to reappoint Albert Little, and Randy Foss to the Internal Audit Committee, with terms expiring March 20, 2003. Motion carried and ordered unanimously.
AGREEMENT WITH DEPARTMENT OF STATE, DIVISION OF ELECTIONS, AND
APPROVAL OF BUDGET AMENDMENT, RE: VOTER EDUCATION FUNDS
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Memorandum of Agreement with Department of State, Division of Elections, for voter education funds in the amount of $192,822; and approve a budget amendment to the current fiscal year budget. Motion carried and ordered unanimously.
AMENDMENTS TO AGREEMENTS WITH LOGAN VENTURES, INC., RE: SNACK BARS
AND VENDING MACHINE SERVICES AT GOVERNMENT CENTER AND HARRY T.
AND HARRIETTE V. MOORE JUSTICE CENTER
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to execute Amendments to Agreements with Logan Ventures, Inc. for snack bars and vending machine services at the Government Center, Viera and Harry T. and Harriette V. Moore Justice Center. Motion carried and ordered unanimously.
ACCEPTANCE, RE: REVENUE MONITORING REPORT FOR YEAR ENDED
SEPTEMBER 30, 2001
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to accept the Revenue Monitoring Report for year ended September 30, 2001. Motion carried and ordered unanimously.
APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to appoint/reappoint Charles Budreaux to Contractors Licensing Board, with term expiring December 31, 2002; Bud Crisafulli to Extension Advisory Council, with term expiring December 31, 2002; Emil Miller to Health Facilities Authority, with term expiring December 31, 2005; Laurenzia Lewis to Mims/Scottsmoor Public Library Advisory Board, with term expiring December 31, 2002; J. T. Shealy to Mims/Scottsmoor Public Library Advisory Board, with term expiring December 31, 2002; and Frank Kinney to Spaceport Commerce Park Authority, with term expiring December 31, 2002. Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to approve Bills and Budget Changes as submitted. Motion carried and ordered unanimously.
RESOLUTION, RE: DENYING BRIAN TINDALL AND PRECISION DOOR SERVICE, INC.'S
APPLICATION FOR VESTED RIGHTS
County Attorney Scott Knox stated the resolution is an Order that was prepared in response to a denial that was made by the Board of County Commissioners two weeks ago; and this is a formalized version of the denial.
Motion by Commissioner Carlson, seconded by Commissioner Higgs, to adopt Resolution denying Brian Tindall and Precision Door Services, Inc.'s application for vested rights. Motion carried and ordered unanimously.
DISCUSSION, RE: STORAGE OF ROAD MAINTENANCE EQUIPMENT BY INDIVIDUAL
PROPERTY OWNERS IN WEST CANAVERAL GROVES
Jerry Wall stated he is a member of the recently formed West Canaveral Groves Homeowners Association, and a member of the Government Relations Committee; and handed out information that will tell the Board what the West Canaveral Groves Homeowners Association is about. He advised Canaveral Groves is a rural, rustic community; they prefer to keep it that way; and they want to protect the environment and ecology. He stated there is a problem with infrastructure; the roads are private and they have the responsibility for maintaining those roads; it requires a certain amount of equipment to maintain the roads; and being 1-¼ acres or larger homesteads, people raise animals; so there is a certain amount of equipment on the property, such as tractors and bush hogs. He stated when they became a homeowners group, they were targeted by Code Enforcement; Code Enforcement said they have to be treated like everyone else, Suntree, Viera, and Diana Shores; they are not like everyone else; they live in the woods; and they have ranchettes, farmettes, homesteads, or whatever they are called. He stated they live with nature and with the animals that are there and share their habitat; it needs to be kept rural and rustic; and it requires a certain kind of equipment. He stated Code Enforcement said something on the property looks like commercial equipment, so it is commercial equipment; and he has to get rid of it; what is one person's clutter, may be another person's treasure; they need a certain amount of equipment to maintain the roads; and it is ridiculous to put a blanket over the community saying they can not have that. He stated if a piece of equipment is rented over the weekend, Code Enforcement says since it is there overnight, it is in violation; and suggested the Board use some logic and common sense, and give them a break.
R. D. Shapley stated he is the person that has brought the problem about; he owns all of the equipment that everyone uses; and he has been found in violation by Code Enforcement. He advised if people want to dig a ditch, they borrow his backhoe; and if they need to grade the road, they borrow his tractor and box blade. He stated all of the equipment he has he stores behind his garage and cannot be seen from the road. He stated the Code Enforcement Officer came through the back door, walked around his fence, through his garage, and found him in violation. He stated he was under the impression that if it could not be seen, then it was all right. He stated he knocked down many trees when they brought in the mobile homes on Satellite Boulevard; he gets nothing for the use of his equipment; and all he asks is that the people buy the fuel. He stated since he insists people furnish the fuel, it is considered renting the equipment; he uses the equipment himself; and he helps maintain the roads and drainage ditches.
Edward Mashintonio stated R. D. Shapley does help people by the use of his equipment. He stated it is a rural area; that is why he moved to Canaveral Groves; and he likes it out in the woods. He stated he has rented equipment, as he has over 4 acres and he grows plants for a flower shop; and the equipment is needed. He stated when he purchased the property, he was told the road in front of his home was his; the County would not grade it; and he was responsible for that road; and they have seen to it that the roads remain wide and flat. He stated the equipment is needed because it is an agricultural area; and suggested the Board look at Canaveral Groves as agricultural, and allow them to have the equipment needed to maintain the property.
Douglas Heckart, President of West Canaveral Homeowners Association, stated over 90% of the properties in Canaveral Groves are larger than an acre; and Brevard County does not maintain Satellite Boulevard on a repeatable schedule; and it gets bad on occasions. He advised the school buses will not pick the children up on Satellite Boulevard; Brevard County does not own the right-of-ways on the side roads, which means they are required to maintain them. He stated the equipment is not cheap; and they have had to do it with various equipment. He requested they be able to have equipment to maintain the roads until they are up to a level that is accepted by Brevard County, so it can take them over.
Chairman Scarborough stated Brevard County needs to be able to access property for health and safety purposes, and does have liability if it is not taken care of. He stated Assistant County Manager Peggy Busacca has given the Board some options; and requested she explain them. Assistant County Manager Peggy Busacca stated staff has identified three options; and one would be to amend the Code to allow storage of vehicles needed to maintain the roads in the area. She stated the West Canaveral Groves area is the dominant area in Brevard County in which people are expected to maintain their own roads; so the Board may want to adopt standards that they are allowed to have equipment, but they must be shielded, in a shed, behind the home, or whatever. She stated the second option would be to abate enforcement in this area without amending the Code; and the third option would be to make no change, not abate the current enforcement efforts, and the individuals would have to find other ways to store their equipment. County Manager Tom Jenkins advised County staff recognized the issue, and brought it to the Board for clarification because they understood it is presenting a problem for the residents. He stated the Code Enforcement action is a result of a complaint, so that is why they were in Canaveral Groves. Chairman Scarborough stated if it is agriculture, there could be agricultural equipment, which would eliminate some of the problem.
Commissioner Colon stated West Canaveral Groves is unique; and the residents need the equipment to maintain the roads. She stated she has been to West Canaveral Groves and has seen it first hand; and the Board should take action to help the residents. She inquired what would happen if the Board prohibits the residents from using the equipment in West Canaveral Groves. Commissioner Carlson stated in the options, Section 62-2117 says "to permit the storage of road maintenance equipment utilized for maintenance of roads," and "equipment used for commercial road maintenance would not be permitted under this provision." She inquired what is the difference between the commercial versus any road maintenance equipment; with Ms. Busacca responding she has spoken with some of the residents and they said they could maintain their own small roads, which are not paved, with a small piece of equipment; and a commercial road maintenance equipment would perhaps be a paver, something that would actually lay down asphalt that would not be necessary. She stated the roads are typically one lane wide, and one car may go at a time; and if there was something too large, it could not be used on a one-lane road and would be considered commercial. She advised the intent is to allow people to maintain their own road, but not to turn a residential area into a commercial area where there would be storage of commercial utilize equipment. Commissioner Carlson inquired if Ms. Busacca could go over additional restrictions regarding progress made on ARR zoning; with Ms. Busacca responding ARR zoning is limited by several restrictions; and currently it can only be utilized in areas such as West Canaveral Groves, which has paper plats, infrastructure is not in place, and has multiple owners. She stated in addition, the Board, in the past several years, has increased the amount of the minimum lot size for mobile homes, and required ARR not be considered within the 25-year floodplain.
Chairman Scarborough stated it is more responsible to deal with the problem because if the Board abates, what would preclude it from abating generally. He stated if there is an Ordinance, they must enforce it; and if someone calls in a complaint, staff must respond to it and follow the rules of the Ordinance. He suggested Ms. Busacca come back to the Board with a draft ordinance; and before it comes back, provide it to the West Canaveral Groves Homeowners Association. He stated some of the residents have a problem with it going to the other extreme and becoming a storage area; and the equipment is needed, but they have a right to maintain their property values.
Motion by Commissioner Colon, seconded by Commissioner Carlson, to direct Assistant County Manager Peggy Busacca to report back to the Board with a draft ordinance concerning the storage of road maintenance equipment by individual property owners in West Canaveral Groves, and provide a draft copy to the West Canaveral Groves Homeowners Association.
Mr. Jenkins advised the Board's policy is to come back with legislative intent, and inquired if the Board would like to waive it; with Chairman Scarborough responding yes. He stated it would be good to provide the homeowners with a copy so there is not a problem at the last moment. Mr. Jenkins inquired if the motion would also include a temporary abatement while the Board is reviewing the issue; with Chairman Scarborough responding yes.
Chairman Scarborough called for a vote on the motion. Motion carried and ordered unanimously.
PERSONAL APPEARANCE - NELLY STRICKLAND, RE: MARINA PARK AND VECTOR
WORKS
Chairman Scarborough inquired if Nelly Strickland was present for her personal appearance; with Ms. Strickland responding no, she turned it down. Chairman Scarborough stated he had to ask because she is entitled to it. Ms. Strickland advised her pride is hurt.
DISCUSSION, RE: CHARTER AMENDMENTS
Chairman Scarborough inquired if there is one particular speaker who wants to lead off the discussion.
Priscilla Griffith, Co-President of the League of Women Voters of the Space Coast, stated from its inception in 1920, the League's purpose has been "to promote political responsibility through informed and active participation of citizens in Government." She stated they are strong supporters of a home rule charter for Brevard County, and for a charter which includes initiative, referendum, and recall. She stated they are joining with other concerned organizations to ask the Board to put on the ballot in the fall a proposed amendment to the Brevard County Charter, which will provide for a review of amendments proposed by petition for the purpose of determining their constitutionality and for clarity as covered by Florida law. She stated such a review will eliminate the expense and disruption occasioned by efforts to place obviously unconstitutional and/or illegal charter amendments on the ballot. She stated if approved by the voters the amendment would encourage petitioners to consider more carefully the wording of proposed amendments and spare themselves unnecessary waste of time and money. She stated it would reduce the amount of taxpayers money spent on legal and election costs, preserve citizens rights; and encourage participation in the political process while at the same time safeguarding the public treasury and insuring domestic tranquility.
Martin Lamb advised he called a few government offices and inquired what is being discussed regarding Charter Amendments; they told him there is an editorial in the Florida TODAY newspaper, read that, and then he may know what is going to happen. He stated he would like to think the County government would answer that question better than the editorial. He stated some people present know what is going on; but he was not able to find out so he could be more prepared. He stated there are two amendments that were passed to be placed in the Charter; one had to do with constitutional review of amendments by petition; and he is trying to understand what would be accomplished by another one. He stated there is one that was put on the ballot, passed, and is in effect. He stated he would like to stay in the loop, and have some type of communication with someone who may know what is going on as it develops; and he hopes the Board will not take any action tonight based on the fact that no one is present knowing what was going to happen, or what it was about.
Chairman Scarborough inquired why do we need this review in light of the prior
amendment; with County Attorney Scott Knox responding currently the Charter
does have a provision that allows review by a panel of experts of constitutional
law of any Charter amendment proposed by petition, but there is no such review
for amendments proposed by the Charter Review Commission, which is what caused
the lawsuit that went to the Fifth District Court of Appeals; nor is there any
review for the Board of County Commissioners sponsored amendments. Chairman
Scarborough inquired if the Board can legally take action on this item tonight;
with Mr. Knox responding the Board can direct whatever it would like to direct
if it decides it wants to sponsor an amendment to the Charter; it can vote by
4-1 or 5-0 to prepare one; and he would have to come back with it. Commissioner
Carlson inquired what amendments have passed that have been put on the ballot;
with Mr. Knox responding there was one passed in 1998 that reduced the percentage
of people necessary to sponsor a petition from 5% to 4%; and in the
same election, the voters also approved an amendment that requires a panel to
review any petition sponsored by that percentage. Commissioner Colon advised
even when her office knew the Charter Amendment was going to be discussed, they
did not know exactly what would be discussed.
Jerry Jagrowski stated prior to November's election, he and his wife gave over 20 talks to various groups educating them on proposed Charter Amendments, and exactly what the amendments meant. He stated the groups included Democratic and Republican functions, candidate forums, homeowners meetings, service organizations, professional organizations, and anyone else who would listen. He advised during the talks they heard the same range of concerns. He stated Amendment One, the Citizens Bill of Rights, has a lot of good ideas expressed, but as presented was illegal; and if inacted, the amendment would require 18 individual paragraphs to be added to the Brevard County Charter, each expressing a different idea. He advised it is against State law, which only allows one item at a time to be voted upon on the ballot. He stated a few years ago the same issue came up in Palm Bay, regarding the fire and police; it was to be fire and police on the same amendment; and the courts required them to be split. He stated a concern is a fraction of the Charter Review Committee put an issue on the ballot when the original bylaws were changed and to give them the authority to do that. He stated another concern is the duration of the Charter Review Committee and how long it was in session. He stated taken together the concerns are systematic issues, not issues of policy, and issues the Board can rectify. He stated the first item will be a judicial review on any proposed amendments for compliance with the State Constitution, and State and federal laws; and by that, future court challenges will be avoided. He stated the second proposed amendment requires a super majority of at least ten votes of the Charter Review Committee to promote Charter change; and it would insure large support across the board for anything that goes on the ballot. He stated the third item is the term of office; and it can be handled administratively. He advised he serves on some County committees; and the letter of appointment he receives clearly states the starting date and the date his term expires. He stated similar procedure could be used for the Charter Review Committee personnel; and it would avoid the confusion that occurred during the last election of whether people were legally on the committee or not. He stated the issues can be resolved so that in the future they can stick with the issues and not be hemmed in by systematic issues.
Edward Slaney stated last year many people worked hard to defeat amendments that could have been a costly fiasco to Brevard County; and suggested the Board take positive action to prevent this from happening again by using plain English instead of innuendo in Charter Amendments.
Maureen Rupe advised she is a survivor of the Brevard County Charter Review
Commission; and since then they have been plagued with amendments to the Charter
which contents have been of grave concern. She stated already in place is a
review of petitions; and now the loophole needs to be closed by asking the voters
to require a constitutionality review of all amendments, whether proposed by
the Charter Review Commission, through the courts, or by
the Board. She stated the ballot language must be clear and unambiguous; and
the content must not be inconsistent with State and general law; and this must
be done before ballot. She stated Commissioner Carlson had an excellent idea
in requiring the super majority of 10 in the Charter Review Committee. She stated
this was a problem with the last Charter Review Commission; and if that had
been in place, perhaps it would have been better. She requested the Board allow
the voters to have the opportunity to strengthen the Charter with a constitutionality
review.
Beth McMillen, representing Marine Resources Council, stated the last election saw three proposed Charter Amendments that contained controversial aspects believed by many legal experts to be in conflict with Florida law and the Florida Constitution. She stated it is in the interest of the voting public that amendments proposed for Brevard contain the same safeguards as those proposed for State referenda, namely that all proposed Charter Amendments or referenda be determined to be consistent with Florida law and the Florida Constitution before they are allowed to appear on the ballot, and that the wording of the ballot questions be clear as to their intent and their consequences. She stated a loophole currently exists that allows Charter Amendments to appear on the ballot as the result of court action without having to meet those minimum requirements. She stated it would be a service to the citizens of Brevard County if the Board puts before the voters a proposed Charter Amendment that requires all future amendments and voter referenda to meet the minimum requirements, no matter the source of the amendment or referendum. She stated it is misleading and unfair to the voters of Brevard County to have proposed amendments put before them that could cause them to vote to change the County Charter in ways that contradict the State laws and Constitution. She stated even though such amendments would ultimately be found illegal, it would subject the County to the added expense of litigation and could create great hardships and uncertainty in the County until the contradictions are resolved. She stated asking the public to vote on illegal or unconstitutional amendments intentionally misleads the voter and unnecessarily wastes their time.
Dolores Kane advised she did not know what it was about, but does not think any amendments should be on the ballot that is contrary to the Constitution or State law.
Bea Polk stated the first thing the Board needs to do is put the names of whoever is concerned about the Charter in a box and pull them out to serve on the Charter Review Commission. She stated if the Board would get the people who are concern with government, put their names in a box, and each Commissioner pull out two, there would not be a problem. She stated she hopes nothing is voted on tonight. She stated get the people involved and let them know what is happening. She stated there is no paperwork on this item; and if the Board does this tonight, it will be back where it was before. She stated this time the Board should do it right for the taxpayers.
Kim Zarillo, representing the Partnership for a Sustainable Future, stated
they agree with some of the previous speakers that there needs to be a judicial
review of all amendments prior to being placed on the ballot, and that the language
be clear and understandable for the general
public. She stated Maureen Rupe is the survivor of the Charter Review Committee;
and she is the survivor of the campaign against the Charter amendments that
were put on the ballot; and the citizens should not have to go through that
again. She stated there needs to be clarity and legal review; and only put things
on the ballot that follow the legal letter of the law.
Chairman Scarborough advised the item came through the District 1 County Commission office; and the reason the office did not have an idea about it, is because to call and talk to other County Commissioners would have violated the Sunshine Law. He stated they have an opportunity tonight, brought forward by many people who worked on previous Charter amendments; and the question for the Board is does it want to proceed further. Commissioner Carlson stated there was nothing attached to the Agenda item; she assumed, based on discussion on the Charter Amendments previously, that some of the things would be discussed; and that was the Chairman's intent by putting it on the Agenda. She stated she sent out her recommendation through the County Manager's office; and everyone has reiterated what she recommended, which was do a review for constitutionality and conformance with general law with amendment proposals developed by the Charter Review Commission as well as this Board; and to require a super majority vote of 10 of the 15 members of the Charter Review Commission to approve Charter amendment proposals. She advised when the Charter Commission reconvenes in 2003; it will report back with recommendations for Charter amendments in 2004. Chairman Scarborough advised the Charter for the County is similar to the Constitution of the State; and to change the Constitution, the courts must look at it, and say it will meet State laws; it is not contradictory, and it is not unconstitutional. He stated the Charter Amendments did not have that review; so there was the potential for conflict, which amounts to chaos in government. He stated there are no elections coming up immediately; and suggested County Attorney Scott Knox put together a memorandum with potential options to handle the problem, how to have a review, the nature of the committee of the review, when it would occur, and the whole community can be involved.
Commissioner Carlson stated a lot of the concerns people specified was the difference between the actual ballot language and the petition language; and inquired if that can be clarified; with County Attorney Scott Knox responding State law requires the ballot language explain in simple terms what the petition is about. He stated the Board could incorporate the specific language with the State law into the Charter so it will be clear to everyone. Chairman Scarborough stated there are several things to ask Mr. Knox to look into that; it would help everyone to understand the problem.
Commissioner O'Brien stated several people tonight have looked at what they
feel is a flaw in the system, and recommended that the County Attorney create
language that accomplishes the task discussed this evening, and mandates it
for judicial review; and if it passes the test, have it go to referendum. Chairman
Scarborough advise the Board cannot mandate it for judicial review, so a methodology
needs to be created that is like a judicial review; and the County Attorney
has several options for the Board. He stated he will be more comfortable looking
at all the options. Commissioner O'Brien stated if it is sent out for some sort
of legal or other review that may take more months, it will be too late to put
on the ballot. Commission Colon advised
the Board is requesting the County Attorney come back with some suggestions
so it does not need to get too detailed. She stated there is more than enough
time to deal with this issue. Commissioner Carlson stated the idea of the legislative
intent will probably come back first; and it will clarify why the Board is doing
this. Mr. Knox stated it will not be an ordinance, it will be a resolution,
but the Board can apply the legislative intent to the resolution if necessary.
Chairman Scarborough inquired if the Board can have it simultaneously; with
Mr. Knox responding he can bring back a memorandum explaining the options and
giving some suggested examples of language that may be considered.
Motion by Commissioner Carlson, seconded by Commissioner Higgs, to direct the County Attorney to provide a memorandum to the Board outlining potential options and ways to proceed legally to handle certain problems with Charter amendments, including how to review the amendments, the nature of the committee to review such amendments, when the review occurs, and community involvement; and provide suggested examples of language for consideration by the Board. Motion carried and ordered unanimously.
Commissioner Carlson provided suggested recommendations to review for constitutionality
and conformance with general law for amendment proposals developed by the Charter
Review Commission, as well as the Board; and to require a super majority of
10 of the 15 Charter Review Commission members to approve Charter amendment
proposals.
PERSONAL APPEARANCE - JIMMY SCHILLING, VILLAGER HOMEOWNERS
ASSOCIATION, RE: STRUCTURAL VULNERABILITY OF 13-STORY
BUILDING CAUSED BY BEACH EROSION
Commissioner Colon requested staff explain the item.
Assistant County Manager Steve Peffer stated Villager Condominium is north
of Indialantic in the unincorporated Brevard County. He stated the residents
have been working with a coastal engineer trying to determine the best way to
protect their building; and the Board will hear a great deal of expertise this
evening as to how they reached the conclusion that the best solution to their
problem is to harden the beach with granite boulders in front of their condominium.
He stated the eastern edge of the building is waterward of the State's coastal
construction control line; so in order for them to do the type of construction
project they wish, it will require a permit from the State of Florida. He advised
in order for them to get that permit,
the State requires approval of the project from Brevard County basically saying
it complies with County rules and regulations, including the Comprehensive Plan.
He stated the Brevard County Comprehensive Plan prohibits hardening of the shoreline
south of Patrick Airforce Base; the exact language is "no new shoreline
hardening structures shall be permitted in unincorporated Brevard County south
of Patrick Airforce Base or within the Archie Carr National Wildlife Refuge,
with the exception of emergency provisions as provided for in Florida Statutes
Chapter 163.3187(1)(a) which refers to amendment of adopted Comprehensive Plan".
He stated although it sounds confusing, that emergency provision is a way for
the Board to initiate a Comprehensive Plan amendment if it chooses, by a 5-0
vote. He stated when the engineers approached staff and Natural Resources in
December, 2001, they pointed out the way they read the Comprehensive Plan, the
project as proposed cannot be allowed. He stated Debbie Coles, Natural Resources
Management Office, had a conversation that pointed Mr. Schilling in the direction
of a personal appearance because it would require input from the Board if it
wants to entertain something like this. He stated it would need to amend the
Comprehensive Plan to do it; and that is the only way they can allow the project
to move forward. He advised there has not been any formal submission to staff;
there has not been a formal denial of the project; so it is not in the process
of appeal. He stated the personal appearance aspect is for Mr. Schilling to
speak to the Board to get direction.
Commissioner Colon advised after staff contacted the District 5 office advising that the issue was going to be on the Agenda; she met with the residents of the Villager and suggested they wait two weeks to get more organized and informed. She stated there was a meeting in her office 10 days ago; and requested Mr. Peffer give the names to the Board of the people who were present. Mr. Peffer stated Jimmy Schilling, Brad Faucet, John Smith, President of the Condominium Association, Nancy Blake, Manager of the Condominium, Leonard Spielvogel, Attorney representing them, Al Yorston, Virginia Barker, Carol Brown, Building Official, Bruce Moia, County Engineer, Todd Corwin, with Comprehensive Planning, and him. He stated the meeting was to provide as much information to the residents as possible, what staff felt the issues were that they are facing, and to provide options and suggestions on how to proceed.
Leonard Spielvogel, Attorney representing the Villager Condominium, stated it is a difficult task to start off disagreeing with a member of County staff, especially one who he respects as much as Steve Peffer. He stated he disagrees with Mr. Peffer's interpretation of the Comprehensive Plan, and he finds it beyond reason to think the Board would have tied its hands and not be able to cope with emergencies that threaten the health, safety, and welfare of its citizens. He stated he would like to speak about the sections of the Comprehensive Plan; and believes Mr. Peffer is dealing with Policy No. 4.1C of the Coast Conservation Element, which says "no new shoreline hardening structure shall be permitted in unincorporated Brevard County south of Patrick Airforce Base". He stated it does sound clear; shall is mandatory; and he wrestled with that and thought the Board has tied its hands and made it impossible to address true emergencies. Mr. Spielvogel stated for the sake of discussion, assume it is a true emergency; had he stopped with paragraph 1C, that would be his conclusion; but then paragraph 4.1E says "pursuant to criteria C, if a shoreline hardening structure is deemed necessary, the following criteria shall apply"; and he had trouble reconciling those paragraphs. He stated 4.1C makes reference to Florida Statutes 163.3187(1)(a), which defines emergency; that Florida Statute defines an emergency; and he feels the Villager Condominium is an emergency. He stated an argument can be made that you need to read 4.1C in conjunction with 4.1E, so that if an emergency is determined by reference of the Florida Statutes, they then go to 4.1E; and 4.1E lays out the criteria that needs to be followed to do any shoreline hardening. He advised he examined the memorandums that had been accumulated; and found an e-mail sent by County Attorney Scott Knox to Ms. Coles; it read, "it is my understanding that you interpret Policy 4.1C of the Coastal Conservation Element to prohibit any hardening south of Patrick Airforce Base, absent an emergency Comprehensive Plan Amendment; however, Subparagraph E of the same Policy creates an ambiguity in the sense that the language states that if pursuant to Criteria C, a shoreline hardening structure is deemed necessary, the specific criteria have to be met. Sub E read together with Sub C could therefore be interpreted to saying that if an emergency exists, and a hardening structure is deemed necessary, the criteria B applies". He advised he is not saying Mr. Knox agrees or disagrees with him; but he is saying Mr. Knox found what he considered to be an ambiguity in the Comprehensive Plan. Mr. Spielvogel stated if there is an ambiguity the Board has the authority to exercise the ambiguity in his clients favor. He stated the law allows two opportunities a year to apply for a Comprehensive Land Use Amendment. He inquired where does he go from here; and stated he has to go to the Department of Community Affairs; and it will take nine or ten months before DCA will finish its review of this request. He stated it is beyond his comprehension that a true emergency may take 1-½ years to be addressed; the 13-story building cannot wait that long; the residents cannot wait that long; and there has to be some ability for the Board to address a true emergency. He stated he does not believe the Board has tied its hands, and cannot give the requested relief.
Chairman Scarborough advised Mr. Spielvogel brought up an e-mail between Debbie Coles and County Attorney Scott Knox; and Mr. Knox should be given the opportunity to respond at this juncture. County Attorney Scott Knox advised Mr. Spielvogel is correct; he did identify what he thinks is an ambiguity in the language of the Comprehensive Plan provision being discussed. He stated the Statute that is referred to describes a process of Comprehensive Plan Amendments in the case of emergency; and the second sentence actually defines what an emergency is. He stated that provision in the context written in the particular policies, in his view is not clear if the language of the Comprehensive Plan Policies was referring to the process of amendment, or the definition of what an emergency is; that particular ambiguity was intensified when you get in subparagraph E, which seems to relate back to the emergency situation; and it is referenced in paragraphs C and D. Mr. Knox advised he felt there was some ambiguity; it is not necessarily cut and dry; and if the staff interpreted it in a way that prevented any kind of processing of emergency application, then that was subject to appeal to the Board of County Commissioners. He stated the problem is there is no staff interpretation in any written format; and it is not being brought to the Board in the context of an appeal, which is what he specified in the e-mail. He stated in the e-mail he outlined the process and procedure for filing an appeal and going through the public hearing process. Chairman Scarborough suggested Mr. Knox explain to the Board how to get to that particular decision. Mr. Knox stated what typically happens is the applicant or the owner says to staff he wants a letter that says it is consistent with the Comprehensive Plan; and staff says they looked at the policy and do not think it is consistent; then the owner can appeal that to the Board of County Commissioners as a formal appeal. Chairman Scarborough stated it is an appeal rather than a personal appearance. Mr. Knox advised it requires a notice of public hearing, so the people who are on the other side of the issue come in and say something about it.
Commissioner Higgs inquired if Chairman Scarborough wants to let the speakers speak, or debate this particular point; with Chairman Scarborough responding he can go either way with it. He stated procedurally Mr. Spielvogel would prefer to have the Board look at the legal issue first; if the Board looks at the legal issue, and Mr. Knox is saying they are not in a posture to look at the legal issue, all the speakers can be taken, but it may end up without what is trying to be accomplished. He inquired if the testimony would be taken at the appeal hearing; with Mr. Knox responding this is right.
Mr. Spielvogel stated staff was concerned about the owners welfare and was trying to be helpful, so it was put on the Agenda. Chairman Scarborough advised it is not in a format that can be considered. He stated staff has one opinion; they have a right to defend their position; and it would be defended in a hearing. He inquired if the Board wants to look at the avenue Mr. Knox has suggested; with Commissioner Carlson responding staff has not made any opinion in writing that can be appealed. Assistant County Manager Steve Peffer stated what the Chairman is stating will be the proper process; and in order for the Board to clarify what is in the Comprehensive Plan, there needs to be an appeal of the administrative decision, but there has not been an administrative decision at this point. He advised staff is reading the Comprehensive Plan literally, and making an interpretation based on the way they see it; and if the Board thinks it is an incorrect interpretation, that is what will be resolved in an appeal. Chairman Scarborough advised it would be premature for the Board to render a decision because everything has not been brought before it at a hearing. He inquired the if the Board wants to ask staff to proceed expeditiously and render an opinion that was verbally expressed, then see if they want to appeal it. He stated he understands Commissioner Colon wants to hear from all of the speakers, but after hearing from them the Board cannot do anything that will solve the problem.
County Manager Tom Jenkins stated tonight is the first he heard of the issue of ambiguity in the language; and when they have ambiguity in the language, it is typically brought before the Board for clarification. He advised Assistant County Manager Steve Peffer has expressed his opinion; but he would like the opportunity to explore the issue with Mr. Knox. Commissioner Higgs advised when Mr. Knox said there is some room for ambiguity, it does not mean he disagrees with staff's interpretation. She stated the Minutes of the meeting at which this particular Comprehensive Plan amendment was discussed, has a great deal of information to help the Board clarify what it is, including the speakers who were present at the time the Board talked about this particular amendment. She stated if a determination cannot be made, maybe the Board is being fruitless getting into the issue. Chairman Scarborough stated he is not making a decision, but wonders if it should come back.
Commissioner O'Brien stated the wording of the Comprehensive Plan was crafted
with good intentions; the Villager Condominium situation looks like an emergency
to him; and it was not the Board's intention for that to occur when the Comprehensive
Plan was created. He stated it appears good intention has ended up with bad
results; and suggested the Board give the
residents of the Villager a Letter of Intent to the Governor; and say there
is a conflict of wording. He advised it is not the resident's fault; there are
other properties that will face similar situations in the future; and it would
be appropriate for the Board to take action that allows them to save their property.
He stated the Board has the authority to address the problem and create solutions;
the Board should send a letter of compliance, and direct staff to create changes
to the Comprehensive Plan, take the word shall and change it to should, and
start doing corrective actions before it is too late. Mr. Knox stated he does
not want to diminish the enthusiasm of the residents, or undercut what Commissioner
O'Brien said, but if the Board did take action tonight, one of the consequences
it may have is to prolong the resolution of the problem. He stated what can
happen is someone opposed to the interpretation that would allow an emergency
to be declared can file a lawsuit and claim the Board did not follow its own
procedures and have a public hearing, and did not give anyone the opportunity
to be heard on the subject. He recommended getting staff's interpretation, setting
the public hearing, and be procedurally in the right posture, to make a decision.
Commissioner O'Brien inquired if it can be done in a week or two; with Mr. Knox
responding it takes 10 days to publish notice, so it can be done. Commissioner
Higgs stated she was part of the Board when the drafting of the language was
done, and does recall clearly the intent of the language, and the intent of
what the Board is trying to do. She stated she disagrees with Commissioner O'Brien's
interpretation; the intent at the time that there was to have a line drawn south
of Patrick Air Force Base that there be no new shoreline hardening south of
Patrick Air Force Base without an emergency Comprehensive Plan amendment; and
that was a compromise at the time because Commissioner O'Brien had a particular
issue with the Constellation Condominium; and wanted to get that done. She stated
there were others who did not want to get into the business of shoreline hardening;
and the compromise was it would take an emergency Comprehensive Plan amendment
to do anything other than what was prescribed as no new hardening of the shoreline.
She stated that was the intent according to the Minutes of the meeting. She
stated if changes were adopted through the Comprehensive Plan process there
would be certain prescribed steps other than clear hardening to resolve the
problem and protect the property. She stated if the issue is debated tonight,
there are people who want to speak on the topic. Chairman Scarborough inquired
what would the Board debate tonight; with Commissioner Higgs responding she
does not know. Chairman Scarborough stated the Board can hear testimony, but
there is nothing to take action on. He stated Mr. Knox has advised, even if
the Board wants to be as generous as possible, it cannot because procedurally
it is not set up to take action on it. He stated if the Board wants to proceed
to a Comprehensive Plan amendment, there is a mean to file for that; neither
procedure is being followed; therefore, the Board cannot take action. He stated
if the Board wants to take testimony, he can start calling the names on the
cards; and inquired what Commissioner Colon wants to do. Commissioner Colon
responded it would be appropriate to hear from the citizens to really get an
idea of what is going on; and they have worked with some of the experts who
will give testimony.
Commissioner O'Brien advised Jason Steele is present, and has something important to say; and inquired if the Board will allow him to speak; with Chairman Scarborough responding Mr. Steele does not have the right, but Commissioner O'Brien has the right. Commissioner O'Brien advised he would like to let him speak.
Jason Steele stated precedence has already been set in Brevard County; he is part owner of Sea Grape Manor Associates located in South Melbourne Beach; there was an emergency letter sent out by Brevard County when they had damage done by the waves; and Department of Environmental Protection (DEP) allowed them to have cranes and heavy equipment on the beach within 24 hour. He stated it has been done twice that he knows of with Beachfront Inn and Sea Grape Manor; it is not his fight, but he cannot let the Board say there is not an emergency at the Villager Condominium. He stated the Board has the right to call it an emergency; and when it does DEP will issue a permit to get heavy equipment on the beach within 24 hours.
County Attorney Scott Knox advised if what Jason Steele said is valid, that is the kind of evidence that would go towards a determination as to whether the interpretation by staff is correct or incorrect. Debbie Coles advised there has been letters issued by Brevard County to allow heavy equipment on the beach to repair existing shore stabilization structures that are not more than 50% damaged. She stated what Mr. Steele is referring to is a concrete rubble in front of Sea Grape Manor that was repaired; and it was not a situation of a new shoreline hardening structure. She stated neither case that Mr. Steele is referring to is that situation; the Villager is a new structure; and those were existing structures being repaired.
Commissioner O'Brien stated staff is looking for direction from the Board; and they have not made a decision yet or a statement as to what their opinion is. Chairman Scarborough stated if staff would have agreed, the Board would not be where it is tonight; and staff has not done it in writing, but has taken a contrary position. Commissioner O'Brien inquired how the problem can be solved; with Chairman Scarborough responding there is the option of going with the Comprehensive Plan, or going through an appeal process; to do an appeal process, there needs to be an appeal hearing; and the Board needs to decide the format in which to proceed.
Leonard Spielvogel stated he recognizes the propriety of County Attorney Scott Knox's advice; this is not a hearing that allows the Board to make a decision; and they are looking for a decision. He advised his client wants to withdraw the request and go through the appropriate procedure; get before the Board on an appeal from an adverse decision; it is not appropriate to take testimony now in anticipation it will be taken again; so he would like to withdraw the request at this time. Mr. Spielvogel stated he will formulate a request to staff, have them say no, and come to the Board with the item. Commissioner Carlson inquired what sort of time frame is there; with Mr. Spielvogel responding he will get staff a letter tomorrow.
County Attorney Scott Knox advised the Board can authorize advertisement of the appropriate notice of public hearing for two weeks from tonight. Commissioner Higgs inquired if that will be a hearing on appeal of staff's decision, or a Comprehensive Plan Amendment; with Mr. Spielvogel responding he cannot afford to seek a Comprehensive Plan amendment; so he will appeal the adverse decision of staff saying he needs a Comprehensive Plan amendment. Commissioner Higgs suggested Mr. Spielvogel consider the Comprehensive Plan amendment as the correct way to go. Mr. Spielvogel advising he cannot afford the luxury of contemplating that as the only route available to his client; it will take 1-½ years to accomplish that; and the Villager Condominium will not wait that long. Commissioner Carlson inquired if Mr. Spielvogel has confirmed with the Department of Community Affairs that it will take that amount of time; with Mr. Spielvogel responding he spoke to staff and relied on what Planner Todd Corwin told him. Commissioner Carlson stated she finds it hard to believe if it is an emergency Comprehensive Plan amendment that it would take the same amount of time as a regular Comprehensive Plan amendment; so the Board needs some clarification on that. Mr. Spielvogel advised Mr. Corwin thought DCA would waive the report, which would save 30 days. Commissioner Carlson requested staff confirm that emergencies are handled the same way. Commissioner Higgs stated according to the language in the Comprehensive Plan, there are certain prescribed steps an applicant will have to take before shoreline hardening is considered; so those may be things to consider if it went the other way. Mr. Spielvogel stated they are prepared to have their experts testify; and putting sand on the beach will not solve the problem. He advised the beach is scheduled to be renourished sometime next year; they need granite boulders in order to solve the problem; and he does not want to do it today because he wants to produce experts; and the Board may be impressed by the need for urgency. He stated this is a building that could not be built today; it has a 4-foot stem wall, a floating foundation, and no pilings; but it was built according to Code.
Commissioner Colon stated she is disappointed the Board did not get to hear from constituents and the experts because people took time out from their lives to be here; and it is important for the Board to hear them. Chairman Scarborough advised the Board is not precluding it; the item has been removed at the petitioner's request; and once that is removed, it is no longer before the Board for discussion. He stated the Board will better serve the process by putting it in the legal context and hearing from all sides.
Commissioner O'Brien stated the Board needs to make a motion to approve advertising of the proposed appeal, so it can move forward. Commissioner Higgs advised the Board does not have to approve that. Mr. Knox stated the Board does not have to approve it, but it will be nice to have a motion to that effect.
Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to authorize staff to advertise the appropriate notice of public hearing if an appeal is filed. Motion carried and ordered unanimously.
DISCUSSION, RE: INTERPRETATION, IMPLEMENTATION, AND ENFORCEMENT OF
LAND DEVELOPMENT REGULATIONS
Chairman Scarborough stated before the Board are some options to be discussed.
Amy Tidd stated she is very interested in what is happening with the land development implementation, not the ordinances or the regulations, but the implementation. She stated when ordinances are passed, citizens have the right to feel they will be followed; and requested an investigation of the recent Code violations in her area that brought the issue to the Board. She stated the violations were only investigated upon complaint, yet were obvious to the average citizen; so an independent review is needed on how County land development regulations are implemented. She stated if it is undertaken by the Audit Review Committee instead of an independent person, then the audit should be a public meeting, so citizens can sit and see what happens.
Chairman Scarborough advised the audit is separate from the Audit Review Committee; the Audit Review Committee meets quarterly and reviews it; and the audit takes place where they examine the practices and compare it against other practices. Ms. Tidd stated she wants to see some accountability. Chairman Scarborough advised it will come back through the Board and could go through the Audit Committee regardless of what format. Ms. Tidd stated more coordination should be studied so that all compliance of Ordinances are handled before the certificate of occupancy is issued. She thanked the Board for looking into the issue; and for spending the time to make sure the Ordinances contribute to the quality of life the citizens would like to see.
Commissioner Carlson inquired if Ms. Tidd's request is procedural; with Ms. Tidd responding she wants to see that things are looked into and changed so that they cannot happen again. Commissioner Carlson inquired what Ms. Tidd means by things cannot happen again; with Ms. Tidd responding the County made changes to the sites plans; the specific language at the meeting was not conveyed by County staff to the developer.
Jerry Wahl stated this is a carryover from a previous item regarding Cope enforcement in West Canaveral Groves. Chairman Scarborough advised it is not a Code enforcement issue. Mr. Wahl stated since there may be a request for an audit, he was misled by someone who said it was all one issue.
Maureen Rupe stated there was an agreement when they came before the Board for monument signs and landscaping for the Shell Gas Station in Port St. John; and the Minutes reflect the talk of monument signs and landscaping, but it was put down by County staff as signage the same as Port Orange, and did not go into the details of monument signs. She stated the permits are issued at different times; and the Certificate of Occupancy was issued on the Shell Station before the signs had been put up. She stated staff would know within six months when they check it that the sign is not in compliance. Commissioner Carlson inquired if there was a motion that was taken by the Board to make it monument signs; with Ms. Rupe responding yes. Ms. Rupe stated some things are not on the site plan.
County Attorney Scott Knox stated there is a reference to the monument sign
on the site plan and the exact language from the Board Minutes is on the site
plan; but the issue is that it did not get carried forward. County Manager Tom
Jenkins suggested Mr. Knox explain what he means by not being brought forward.
Mr. Knox advised the sign ended up not being a monument sign. Mr. Jenkins inquired
if the sign got a Certificate of Occupancy; with Mr. Knox responding he did
not know. Mr. Jenkins stated it would be important to know if staff approved
the sign. He
inquired if the sign owner received a notice of violation; with Mr. Knox responding
yes, there was a permit issued for the pole sign initially. Ms. Rupe advised
the sign is down. Chairman Scarborough stated they are not speaking of a specific
case, but in general whether an audit is needed.
Ms. Rupe stated the Administrative Order says the benefit of best practices review as opposed to a compliance audit; and she believes both are needed. She stated it also says cost of employing an outside auditor versus a staff conducted audit, and they will utilize experts to assist as needed; so she assumes that means paying them to do that. She said additional controls need to be put in place to deal with interpretations of ambiguous language; and it says the ambiguous language in County Codes shall be presented to the Board of County Commissioners for clarification from time-to-time; and inquired what does time-to-time mean; with Mr. Jenkins responding time-to-time means when staff discovers it they will bring it to the Board, and are assembling a package of those now. Ms. Rupe stated the audit needs to be done by an independent entity.
Chairman Scarborough stated when the item came up, the Board referred it by motion to the Audit Committee; since he did not concur with that, he did not participate. He stated he spoke with County Finance Director Steve Burdett; and Mr. Burdett thinks it would be best to get someone. He stated he spoke with Dr. Howard Frank at Florida International University; his name was given to him by Kim Zarillo; and he sent an e-mail that it should not be done through a financial audit, but to select the best possible decision. He stated there are several options before the Board; and Mr. Knox has come up with some suggestions from Sarasota and Manatee Counties.
County Attorney Scott Knox advised he sent a global e-mail to all County Attorneys in the State of Florida asking if they had experience in this type of matter, and began to get a few returns this week; apparently Manatee and Sarasota Counties have undergone this type of process; and there are consultants that do this sort of thing. Chairman Scarborough inquired if Assistant County Manager Peggy Busacca has spoken to the Urban Land Institute; with Ms. Busacca responding the Urban Land Institute is willing to put together experts from throughout the country to spend three days in Brevard County; the cost will be approximately $40,000 to $45,000; and additional information was provided to the Board via fax. Chairman Scarborough stated the Board has the capacity to define and discuss the scope; and if Brevard County chose someone from the Urban Land Institute, he would like to know who is coming and what expertise they have.
Commissioner O'Brien stated an independent audit is not required; and he cannot see paying $45,000 to have someone look over the shoulder of staff, County Manager, and operations people. He stated the County Manager has included in the package some directive and administrative order he has issued to try to resolve the problems that have occurred in the past. He stated if the Board wants to correct the problem, it needs to find out what the problem is, where it started, and solve it internally.
Commissioner Carlson stated she agrees with Commissioner O'Brien to a certain extent, but to get factual evidence, an audit is necessary. She stated if the Board enlisted someone to do an evaluation of how the County is carrying out policies and procedures, and maybe get best practices in place, that will be fine. She advised on February 28, 2002 a Strategic Planning Workshop is scheduled where specific areas of interest may be discussed based on what the Board has been doing with Brevard Tomorrow and the process staff is dealing with, which is the Sterling Award process. She stated there may be certain areas in land development that need to be streamlined; that should be an area of interest that comes up after the strategic planning process; but if the Board tries to do something now, the Board may end up undermining what staff is attempting to do by streamlining and strategizing their particular departments. She stated she would not mind looking at the options of Sarasota, ULI, Manatee or whatever, given that ULI does specifically deal with land planning and development; the strategic planning effort is going to deal with all departments; and those practices may be more than just land planning and development. She stated Planning and Zoning went through the process of creating the best practices and brought them forward to the Board; and it needs to know what the cost associated with best practices are because the Board should identify the best practices if it wants Brevard County to be the best it can be and the most proficient with every tax dollar. She stated the Board needs to know exactly what it wants to accomplish with this; staff is doing a good job in trying to go through the process that Sterling has set out in terms of organizational issues that should bring out some of the key areas of concern; therefore, they could itemize a list of concerns and have someone from the outside look at them. Commissioner O'Brien stated compliance with the present Code is easily obtainable by directing staff to follow the Code, and if there is ambiguity, bring it to the Board so it can be clarified; then the problems will not exist in the future. He stated an audit only goes back to past history; the Board should look at the future instead; but it should not go outside the house and pay high fees to have someone tell the Board the same things it can do itself. Commissioner Carlson stated she hopes the process staff is going through right now will tell them that, and may not need someone from outside.
Commissioner Colon stated at the last Audit Review Committee meeting, there were good suggestions; and suggested Ed Beck come forward to speak to the Board.
Ed Beck stated he is here at the request of Commissioner Colon and the Audit
Review Committee. He advised he can respond to any questions the Board may have
regarding what has been discussed so far with the Audit Review Committee; the
differences between what they do as internal auditors and what a compliance
audit is, as compared to maybe best practices review by a consultant. He stated
a compliance type of audit is conducted by an independent
arm of the County contracted by the County; and they are an independent auditing
firm contracted by the County to provide the internal audit function. He stated
they do provide a measure of independence to the citizens that they would not
have if it was conducted by employees inside the County. He stated an audit
the internal audit department would do in this case would be to audit procedures
on ordinances, rules, and regulations, and things of that nature that are carried
out by the department to see that they are in compliance with policies and procedures.
He stated when necessary, they will bring in consultants to make interpretations
of things that are directly related to a discipline when they would not have
the expertise in-house. Mr. Beck stated under the State contract, they brought
in engineers to work with them on conducting certain audits that were not in
their field, and had those experts working side-by-side with them to make those
interpretations and make sure things were covered properly. He stated it is
different than looking at best practices consulting engagements where they determine
if things being done are the best way to handle them in implementing regulations
and ordinances and plans, or are there better ways of doing that. He stated
there are two different things that the Board is considering; and the internal
audit function can handle the compliance aspects of it for the Board within
the scope of the internal audit responsibilities and authority that is adopted
by Brevard County for the Audit Review Committee. He stated the mission and
scope of work under the internal audit statement of authority and responsibility
is to ascertain that the County's network of controlled processes, as designed
and represented by management, is adequate and functioning in a manner to ensure
employees actions are in compliance with policy standards, procedures, and applicable
laws and regulations. He stated it is under the auspices of the internal audit
program as designed and laid out for Brevard County; and the mission statement
is part of the scope and responsibilities of the internal audit function.
Commissioner Colon inquired how much will that audit cost the taxpayers. She stated if you do not have the expertise within the firm, and bring in outside experts, it is something similar to what ULI is doing. She stated if the Economic Development Corporation is audited, and it cost $30,000, she can imagine how much this will cost because it will have to be done by someone knowledgeable of Florida State law.
Commissioner Higgs stated the existing auditing firm can do an audit of the implementation of codes; and the Board can request a substitution of a currently planned audit be made for the compliance audit. She stated Brevard County has within its planned budget an expenditure or line item that can be used and an existing firm that will be equipped and ready to do those kinds of audits; and that is what it is for. She stated the issue of getting to the best practices is okay, but is different from the concept of looking at an audit in terms of compliance.
Commissioner O'Brien stated it has gotten blown out of proportion as to how
it began; citizens came forward with legitimate complaints about interpretation
of present policies, procedures, or Codes for construction and land development;
if there are problems with that then policies can be created or amended and
the procedures defined; and clarification for any ambiguities in Code can come
back to the Board to eliminate the ambiguity. He stated if the Board pays for
an
audit, it will use the same process; it is unnecessary; and he read where Manatee
County did it for $4,000, not $45,000. Commissioner O'Brien stated it is not
a complicated procedure, Management knows there is a problem and appropriate
action will be taken quickly; and the department heads know the problems and
will talk with their staffs and start to redefine things. He stated to go to
an outside auditor and encumber the process will make him feel uncomfortable.
Commissioner Carlson stated based on the conversation the Board had when the issue first came up, she wants a follow-up from the County Manager to see what has been done to acknowledge some of the issues. Mr. Jenkins stated in land development and subdivisions site plan review, there has been a personnel change of a new department director; and have a new administrative order has been created that says anytime staff comes across language they believe is not precise, clear, or ambiguous, they can use a committee of the County Attorney, or his designee, Assistant County Managers, and department heads involved in development review, to come up with an opinion collectively, as opposed to one individual's opinion. He stated for any allowable waivers that may be permitted, the committee will be used. He stated a similar process for the Zoning Official opinions was implemented a year ago and has worked very well. He stated as staff comes across language that is not precise, they are bringing them to the Board so corrections can be made to the various Codes in order to make sure the gray areas are eliminated. He stated staff prefers never to be in a position where interpretations have to be made and can simply apply language this is written correctly. Mr. Jenkins stated in addition to that, in the area of Code Enforcement, at the last meeting the Board authorized him to proceed with doing a review of some of the allegations that were made about Code Enforcement; and he is proceeding with that, confirming what allegations have been made, reviewing documents, interviewing individuals, reviewing procedures, as necessary, and providing the Board with findings of fact and any corrective actions that might be required. He stated as part of the strategic planning, each department is creating a departmental strategic plan; and it is where every employee has an opportunity to provide input to the process, including the managers of the departments. He stated each department will come back to the Board with its recommendation as to what they perceive to be the priorities for improving the operation; it is a part of the Sterling Process has used by other governments and businesses in Florida; and it is geared to the best practices concept to look at what they do and how they do it. He stated in 1993 or 1994 a committee was formed called Total Quality Management Committee that consisted of representatives of both the private sector as well as a number of County land development agencies; they also did a review of the subdivision site plan process and came back with a number of recommendations to change how things are done; and a number of the items could be implemented administratively, but all but a few require Board action.
Commissioner Carlson stated in the memorandum from Mr. Knox regarding the Messer
file review, there were a number of observations and recommendations made; and
inquired if they have been incorporated in the things Mr. Jenkins has spoken
of; with Ms. Busacca responding they have; staff has changed two processes in
review of specifically landscape portions of the
site plan; the amount and type of information being provided are on the front
cover of site plans; and they are currently developing sheets, so as citizens
talk to staff, that information can be documented and provided to the citizen
so there is a record of discussion in the
event a vested right claim were to come forward. Commissioner Carlson stated
the Board will put $20,000 in the Brevard Tomorrow effort, and has spent $100,000
on a consultant that said these are the things to make this County the best
it can be and to find the inefficiencies; and a lot of things have been laid
out in the strategic plan.
Chairman Scarborough advised the consultant cannot have a conversation at Ed Beck's level; Mr. Beck is a specialist; he knows how it works; and he inquired if Mr. Beck will consent to bringing in one of the groups doing this type of works, like Manatee County, as his partner; with Mr. Beck responding yes. Chairman Scarborough advised it may be where the Board needs to go instead of just hiring someone. Mr. Jenkins stated Mr. Beck said he can do a historical compliance audit to see if the County followed procedures; but he believes Chairman Scarborough wants a best practices review. He stated Mr. Beck will review what is currently on the books versus looking at if there is a better way of doing it. He stated primarily the audit is if the County has followed the current procedures and policies. Chairman Scarborough stated he understands the division, but does not think there is a great wall between the two. He stated Mr. Jenkins understands who and what the County is and what it wants to become; he has been there and done that before in many settings; but if the Board wants to work through Mr. Beck, he would also like to have people who have done it in other counties. Commissioner Carlson stated the Board needs to find out what the outside experts are offering before it hires. Chairman Scarborough stated he needs to understand what can be in the contract, as well as what is in the contract to the whole picture.
Commissioner Carlson stated some of the suggestions have been brought forward by citizens, such as using university students; but she spoke with several professors who felt that is not the thing to do based on the expertise. She stated the reason she mentioned that is the majority of the Board needs to talk about what needs to be accomplished; and if its implementation of policies and procedures, and best practice, it needs to be narrowed down to just that and how much the County is willing to spend. She advised she is not willing to spend the amounts that have been spent on previous audits.
Motion by Commissioner Higgs, seconded by Commissioner Carlson, to request the external auditors provide the Board with the scope of services that would include a compliance and performance audit of the implementation of the County's Land Development Regulations and a brief design of how they would proceed, including, but not limited to, the use of experts in the field and cost; and direct staff to work with Ed Beck in reviewing who has done similar issues in Manatee and Sarasota Counties, so Mr. Beck can include that in his proposal. Motion carried and ordered; Commissioner O'Brien voted nay.
FINAL PLAT APPROVAL, RE: PELICAN BEACH AT AQUARINA
Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to grant final plat approval for Pelican Beach at Aquarina, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining necessary jurisdictional permits. Motion carried and ordered unanimously.
PERSONAL APPEARANCE - JAMES EADES, THE MARCONI LINE, INC., RE: PERMIT
FOR SCREEN ENCLOSURE IN GREAT OUTDOORS RV PARK
James Eades stated he wants to put up a screen enclosure. Chairman Scarborough advised he reviewed it with staff; they have no problem with it; so a motion may be in order.
Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize a permit for screen enclosure in The Great Outdoors RV Park, 335 Club Cove Drive, Titusville, as requested by James Eades, The Marconi Line, Inc., representing Thomas and Geraldine Christiano. Motion carried and ordered unanimously.
Mr. Eades stated it was approved that people can put on screen porches on; and the Board may want to issue a directive so other folks there could do it. Chairman Scarborough inquired if something further needs to be done with screen enclosures and pool enclosures; with Assistant County Manager Peggy Busacca responding the Board has determined that certain types of structures, such as pool enclosures meet the requirements for exemption from the moratorium. She advised should the Board wish to extend that to screen rooms it could.
Motion by Commissioner Higgs, seconded by Commissioner O'Brien, to authorize staff to administratively approve screen rooms within the 25-year floodplain, if a pad and roof exist and there would be minimal impact to the floodplain. Motion carried and ordered unanimously.
CLARIFICATION OF BOARD INTENT, RE: SETBACK PROVISIONS
Planning and Zoning Director Mel Scott stated this is a request for Board clarification
on intent with regards to a setback provision that is contained in the commercial
zoning classifications. Chairman Scarborough inquired if the Board has questions;
with Commissioner Higgs responding she does have a question. She inquired what
it will do to the size of the building that will be allowed in BU-1-A; with
Mr. Scott responding if one interprets the policy following the alternative
B illustration, which he provided, it will have the effect of precluding two
lots that adjoin each other that are commonly owned that would want to use a
zero lot line configuration for a larger building. He stated the effect another
way will be to ensure side setbacks are maintained around the perimeter of both
parcels; thus breaking the building apart and reducing the footprint of the
building on those properties. Mr. Scott stated there is a real life situation
the illustration follows; there are times when there are multiple commercial
properties next to each
other, and if the owner wished to do a compound commercial structure with residential
units on the second story and the commercial on the first story, it will be
to that property owners advantage to maintain both lots; thus giving him the
opportunity to construct residential units on top of each lot. Commercial Higgs
inquired if there is a maximum size of a building in BU-1-A; with Mr. Scott
responding no, it is based on the size of the lot, and the building envelope
of that particular lot.
Motion by Commissioner O'Brien, seconded by Commissioner Carlson, to approve Option 1 to direct staff to continue to permit reduction of side setbacks when the front or rear lot line abuts a residential zone (Alternative 1); and grant permission to advertise the Code as follows: "No side lot line setback is required, provided the side wall is a three-hour firewall, unless the side property line upon which the firewall would be located abuts a residential zone, in which case the side setback shall be 15 feet." Motion carried and ordered; Chairman Scarborough and Commissioner Higgs voted nay.
Nelly Strickland stated thanks to the County Commission, the hospital has gained $8,000,000 or $9,000,000 a year from the medical support group; which has been destroyed. She stated she does not appear before the Board for her own benefit, but there is a sense of responsibility. She stated she is here to speak against Vector Works; and it is a very controversial item in the City of Titusville.
Commissioner O'Brien advised Ms. Strickland wants to speak of Vector Works, which is in Titusville; and inquired what action the Board can take; with Chairman Scarborough responding the City of Titusville has land that it does not own outright, but as a reverter from the State; the City wants to give up some of the land; but when the referendum was done November, 2000, the County had monies allocated to improve the property they want to give up. He stated the second issue is if the City gives up some of the property, some people believe the State is going to call the County to ask if it wants the land; so while it is about the City of Titusville, the County is involved in two ways; the County had the referendum; the money is held by Parks and Recreation; and it may visit the issue on the back end if the State contacts the County. He stated it is appropriate for Ms. Strickland to address the issue.
Ms. Strickland stated Vector Works wants to use public land for its boat mold
business; and it should remain public land. She stated the last thing they need
is industry, which is not clean, on the Indian River; St. Johns Water Management
District has spent much money to clean up the rivers; and they advertise as
beautiful Titusville on the beautiful Indian River. She stated if Jeff Grey
has a need to be on the water, he should look at Oak Hill where he may be able
to do far better. She stated endless City and County staff time has been used;
and this issue has taken on a life of its own and should come to an end. She
stated Wes Hoagland, City Planner, called Tallahassee so often that she received
a complaint from the party involved. She stated it is
public land; a referendum was passed to improve the parks; the whole thing was
done very quietly; and she did not find out about it until it was all cooked
up. She stated the first correspondence was in May, 1999, but they did not find
out about it until not long ago. Ms. Strickland stated through the years various
groups have wanted to put a sports stadium, condominiums, and so forth on that
land; at one Council meeting Jeff Grey brought a customer and business partner
from Oklahoma; and she checked the net, but could not find anyone in the boat
business. She stated the reason Vector Works wants to be on the river is so
he can barge his boats or his molds to wherever they need to go; and if they
were barged to Oklahoma, it would be rough because there are only three lakes.
She stated the first time it was represented, there were to be 50 jobs; the
next time it was 100 jobs; the next meeting after that 150 jobs; then 200 jobs
they were going to provide. She stated Vector Works is not nice; they use metal
in their molding process; in order to shape the metal it has to be ground off;
and she heard the grindings were swept out the door and into the river. She
stated if the land should become surplus, the County Commission will have the
first dibs on it, and the City of Titusville will be next, but it should remain
public land. She requested the Board vote to buy that public land should it
become surplus; and she will feel better to know the County will take over the
land and leave it a park like it is now.
Chairman Scarborough inquired if Parks and Recreation Director Charles Nelson
briefed the Board on this; with Commissioner Higgs responding yes. Chairman
Scarborough suggest Mr. Nelson explain the status. Mr. Nelson stated the current
proposal Vector Works is making will exchange just under five acres of property;
the Sand Point Inn Restaurant property will be exchanged for the five acres;
the five acres are significant because it may put them under the threshold relating
to disposal of State property; and as Chairman Scarborough indicated, if it
exceeds that, the next public agency to be contacted in a surplus situation
will be Brevard County; so they are trying to keep it under five acres to keep
it from having to come back to Brevard County. He stated the North Area Advisory
Board has reviewed the exchange, asked for some additional information on the
condition of the Sand Point Inn, and asked Park staff to look at the impact
to the referendum project. He stated it was determined the athletic fields that
are proposed for there will be able to be built in terms of the total number,
but the sizing of the fields will be a little different; the senior field, which
is the largest field, will have to be reduced in size; and it will still be
within Little League standards, but will not be the standard size the County
builds for those kinds of facilities. He stated the other issue is the waterfront
area will be less than originally proposed; originally the design they had in
mind was 250 feet of waterfront without any athletic facilities in it; and by
compressing the complex if they lose five acres, it will approach about 100
feet; so there will be impacts to the project if it happens. He stated the City
Council of Titusville did indicate at its most recent meetings it will come
to the County Commission with a proposal at a later date relating to the referendum
and to the issue. He stated their concern is it could get to Tallahassee; the
County Commission could be opposed to any exchange; and they would have two
governmental agencies on opposite sides of the issue. He advised it still has
a way to go; the City Council has asked that the County hold off on any final
decision, and not bring it before the County Commission for a decision until
such time as it has worked out the details. Chairman Scarborough stated there
is a Parks and Recreation
Advisory Board comprised of both County and City people; the Board has not gotten
its recommendation; and inquired if Mr. Nelson knows something the Board does
not know; with Mr. Nelson responding no. Mr. Nelson stated it has been a divided
group; and there are those concerned with the loss of the waterfront, and those
concerned with the ability of creating jobs in Titusville. Commissioner Carlson
inquired if Vector Works is successful in expanding will it have to go through
the Department of Environmental Protection; with Mr. Nelson responding it will
have to go through all the permitting associated with the manufacturing, and
DEP as well.
Bea Polk stated the Board has to realize that for years the City of Titusville has been trying to give this land to business. She stated in the 1980's there was a vote on it; over 83% of the people did not want to get rid of the park; it is a riverfront park; she has nothing against business; but the public thought if they voted for the referendum they could protect the park. She stated the property was named in the referendum; people believed the referendum; and it is hard to get them now to vote for taxes because of it. She stated there will be smaller ball fields, and will not have the 100-foot walkway for fishing. She stated she is for business, but not for losing the last riverfront park for these children; and people fish there. She stated this is the third attempt to get rid of the land; the people want to keep it; and the people will fight for it. She stated if they go to the State, Brevard County should take it, and leave it for the people. She stated they need to keep all the riverfront they can get.
Commissioner Carlson stated the Board was honest with the taxpayers when it defined everything it was going to purchase with all the referendums; but when it has an opportunity to augment potential savings or improve on what it wants to do, it is to the benefit of everyone. She stated she does not know enough about this issue to vote on it tonight, but she would like to see all the details.
Chairman Scarborough advised the City Council has discussed it and referred
it to the Parks and Recreation Board; it has gone back a number of times; and
the Parks and Recreation Board has not made a final recommendation. He stated
the Board may never be asked the question regarding the park, but it can ask
Mr. Nelson to keep us informed. Commissioner Carlson stated since the City of
Titusville has donated the property, what type of proposal would is expected
to come forward that the City might have, because the County is using that property,
and it is part of the referendum deal. Mr. Nelson stated the full 10 acres were
given to the City of Titusville for recreational purposes; and because of the
MSTU in Titusville, the Parks and Recreation Department operates those facilities;
and they are looking to reduce that park site by five acres, but will give back
a few acres with the Sand Point Inn. He stated the net result is there will
be a reduction of some of the park land; and the City of Titusville will not
be coming forward with any money at this point. Commissioner Higgs inquired
when will the Recreation Board hear this again; with Mr. Nelson responding at
the February 14, 2002 meeting. Chairman Scarborough advised the MSTU is uniform
in the City and the County; all of the parks under contract are administered
through the Brevard County Parks and Recreation Department; so the Board obtains
the money as if it was not in the City. He stated the land is a
separate issue; it is between the State of Florida and the City of Titusville;
and the County controls the money, and park activities, but not the land. He
stated the City can decide not to allow the property to be built on.
Commissioner Colon advised when she was briefed in regard to this issue months ago, she felt the Board needs to take a stand. She stated if it was on the referendum and the citizens want the park, the Board should make a decision on whether it prefers the land stay with Brevard County. She stated so much is getting developed throughout the community. She stated she would like to see it come back at a meeting in the future. Chairman Scarborough stated if the Board wants to get involved in the issue, it can add some clarification and can bring it to closure; but it will be a lot on the Board to undertake this discussion; it has brought forth a very divided community; and that divided community will come to the meeting when it is discussed and present both sides. Commissioner Higgs stated she wants to see what is done by the Park Board on February 14, 2002, and requested a report after that meeting. Mr. Nelson stated one reason it has not been brought to closure is that the size of the property and the deal keeps changing; and it is not that the Board is dragging its feet, but it changes at each meeting.
PERSONAL APPEARANCE - OLIVIA BALZANO, RE: WAIVER OF FEES
Olivia Balzano stated a fire burned her house down; she has horses on her property; children are coming over and hitting the horses; and she is afraid the children will get hurt. She advised she wants to put a trailer on the property so she can stay there and keep an eye on things. She stated there are signs up already and locks on the gates; but the children jump over the fence.
Assistant County Manager Peggy Busacca advised because the property is one acre, it is okay to have a temporary trailer during construction of a house; however, Ms. Balzano is about three weeks away from having all of the information necessary to issue the building permit. She stated what staff wants to do is issue a conditional building permit; and that will allow Ms. Balzano to move the mobile home onto the site so she can protect her property. She stated she will have two years to construct a house; and the two years will begin at the time the actual mobile home is moved onto the property.
Motion by Commissioner Colon, seconded by Commissioner Carlson, to authorize staff to issue a building permit with conditions to Olivia Balzano to move a mobile home on her property for protection purposes, with Ms. Balzano having two years to construct her home, beginning at the time the mobile home is moved on the property. Motion carried and ordered unanimously.
PUBLIC COMMENTS - BEA POLK, RE: PROPERTY APPRAISER'S BUDGET
Bea Polk stated she received several lawyers' opinions to check someone's budget.
She stated Property Appraiser Jim Ford complains about money; and inquired why
he does not just open
up the books and let the public look at it. She stated the State is involved
in this now; and she wonders why the State is involved in a County budget. She
stated she does not understand why the Board cannot do anything about this.
Chairman Scarborough suggested County Attorney Scott Knox to comment. Commissioner Carlson advised the Board questioned the Audit Review Committee regarding the ability of asking for an audit of Charter Offices. Mr. Knox stated the Board does have the authority to request an audit of Charter Officers; he received five opinions from five different lawyers, involving two Constitutional Officers who tried to refute his opinion, and had to rebut those. He stated the Board has the ability to audit the Charter Officers, whether it be performance audit, financial audit, or post audit. Commissioner Carlson inquired those who refuted your opinion based it on what; with Mr. Knox responding they based it on the general scheme of Florida Law, and ignored the specific Statutes that allow the Board the authority to do it. Commissioner Carlson inquired if the Sheriff came to the Board and asked for more money for deputies, and the Board could not give it to him, can he go to the State like the Property Appraiser's office can; with Mr. Knox responding that is the budget process itself. He stated the Board approves the Sheriff's budget, but he can appeal it to the Governor and Cabinet; and they have the final say of who is right and who is wrong. He stated the Property Appraiser and Tax Collector both go through the State to get their budgets approved by the Department of Revenue; and the Board has a right to participate in the Property Appraiser's budget process, but ultimately Department of Revenue makes the call. Commissioner Carlson inquired if the same body of law that says the Board cannot audit; with Mr. Knox responding the other lawyer is claiming that because the process exists for approving their budgets the Board somehow does not have the authority to audit; but the Statutes clearly say the Board has the authority to audit. Commissioner Carlson inquired if Mr. Knox was able to get an opinion in writing from the State; with Mr. Knox responding he has not asked for an Attorney General's Opinion because the Board has to request him to do that. Chairman Scaroborough inquired what Mr. Knox would think about getting an Attorney General's Opinion; with Mr. Knox responding he has no problem with that.
Motion by Commissioner Colon, seconded by Commissioner Carlson, to direct County Attorney Scott Knox to obtain an Attorney General's Opinion on whether or not the Board has the authority to audit the Charter Officers. Motion carried and ordered unanimously.
PUBLIC COMMENTS - NELLY STRICKLAND, RE: TIME LIMITS
Nelly Strickland played a pre-recorded tape stating her objections to the three minute time limit under public comments.
PERMISSION TO SCHEDULE EXECUTE SESSION, RE: BREVARD COUNTY VS.
RAYMOND E. AMY, ET AL
Motion by Commissioner O'Brien, seconded by Commissioner Colon, to authorize the County Attorney to advertise and schedule an executive session for February 5, 2002, at 11:30 a.m. or as soon thereafter as possible, to discuss settlement related to litigation regarding Brevard County vs. Raymond E. Amy, et al. Motion carried and ordered unanimously.
WARRANT LISTS
Upon motion and vote, the meeting adjourned at 9:47 p.m.
ATTEST: ___________________________________
TRUMAN SCARBOROUGH, CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
___________________
SCOTT ELLIS, CLERK
( S E A L )