MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

May 16, 2006

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on May 16, 2006, at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Reverend Loyal Bowman, Islander Alliance Church, Merritt Island, Florida.

 

 

Commissioner Helen Voltz led the assembly in the Pledge of Allegiance. 

 

 

 

County Manager Peggy Busacca stated the County Attorney requested Item I.A.17, Binding Development Plan with Veronica Estates, Inc., Re:  Property East of Grissom Parkway and North of Canaveral Groves Boulevard, be removed from the Agenda to be considered at a future date. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Stoneridge Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer obtaining appropriate jurisdictional permits; and execute Contact with The Viera Company guaranteeing improvements in the Subdivision.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Stadium Parkway, Phase 3, subject to minor changes if necessary, receipt of all documents required for recording, and developer obtaining appropriate jurisdictional permits; and execute Contract with The Viera Company guaranteeing improvements to the Parkway.  Motion carried and ordered unanimously.  

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Didgeridoo Roadway, subject to minor engineering changes as applicable and developer obtaining appropriate jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Fairway Lakes at Viera, Phase 4, subject to minor changes if necessary, receipt of all documents required for recording, and developer obtaining appropriate jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive the 15-foot vegetative buffer tract in The Mayan Woods Subdivisions, and approve placing the 15-foot area in landscape easements on the rear of the lots rather than in a separate parcel.  Motion carried and ordered unanimously.      

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution releasing the Contract dated September 27, 2005, with Lennar Homes, Inc. for Heritage Isle, Phase IV.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with Walkabout Residential Company, LLC, guaranteeing improvements for Fitzroy Reef at Walkabout.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance reducing the number of times that a residence may be rented on a short-term basis before it is classified as a resort dwelling.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve legislative intent and permission to advertise an ordinance eliminating the six-month waiting period to reapply for a rezoning on property on which a previous rezoning application had been withdrawn.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Dr. Wasim Niazi for property located on the south side of Cone Road, .25 mile east of Plumosa Street.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Siesta Mobile Home Park, Inc. for property on the east side of Palmetto Avenue, north of S.R. 520.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Coastal Community Church of Port St. John for property located on both sides of Amesbury Avenue, south of the western terminus of Falcon Boulevard.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan with Rockledge Fiske Apartments, LLC, for property on the northwest corner of Fiske Boulevard and Barnes Boulevard.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Agreement with St. Johns River Water Management District for the design of the Sebastian River North Prong Stormwater Park.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Task Order No. 00-34 with S2L, Inc. to initiate the geotechnical and environmental studies necessary to begin the permitting process for establishing a landfill at the County’s U.S. 192 site.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with Carlos I. Montes, Jr. and Barbara K. Montes for property needed for Wickham Road Widening Project, between Nasa Boulevard and U.S. 192; and waive Phase I Environmental Assessment, deed and plat restrictions, and all Florida Power & Light Company, BellSouth, and Public Utility Easements for the parcels.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Policy BCC-44, Recovery of Administrative and Inspection Costs for Signal Contraction.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution and execute Supplemental Local Program Agency Agreement with Florida Department of Transportation for the Micco Road Sidewalk Project.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract for Sale and Purchase with Austin L. and Eugenia S. Conway, Trustees for property needed for Wickham Road Widening Project, from Nasa Boulevard to U.S. 192; to waive Phase I Environmental Assessment and Deed and Plat Restrictions; and authorize relocation of Florida Power & Light, BellSouth, and public utility easements on a projectwide basis.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to accept Utility Easement from Blue Ocean, LLC, for the Florida Garden Condominiums in Indian Harbour Beach; and waive Phase I Environmental Assessment.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize submittal of project priorities for federal funding of County roads to Brevard Metropolitan Planning Organization for preliminary consideration.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve SHIP grant funding of $110,000 to the Coalition for the Hungry and Homeless, $666,970 to the Housing Authority of Titusville, $131,985 to the Community Housing Initiative, Inc., $45,000 to Community of Hope, Inc., and $45,000 to The Niche, LLC; and authorize the Chair to execute subsequent Contracts subject to review and approval by Risk Management and the County Attorney.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize submittal of a grant proposal to the Florida Developmental Disabilities Council; authorize the County Manager to execute Contracts associated with the grant award, contingent upon approval by the
County Attorney and Risk Management; and approve creation of a position associated with the award.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Easement to Florida Power & Light Company for construction, operation, and maintenance of electrical services to the Chain of Lakes Recreation Complex.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution requesting assistance from the Florida Fish and Wildlife Conservation Commission Florida Boating Improvement Program for boating improvements at South County Boat Launch facility; authorize the Parks and Recreation Department Director to execute FWC’s Standard Grant Agreement, and approve Budget Change Request to establish the project account if the grant is approved.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution authorizing lease of Long Bluff Park to the Brevard County Sheriff’s Office; and execute Lease Agreement with the Sheriff.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendment No. 9 to Management Lease Agreement No. 4263 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida for 102.15 acres within the Brevard Coastal Scrub Ecosystem Project.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve fiscally participating with the School Board of Brevard County and the City of Cape Canaveral for improvements to the playground area at Cape View Elementary School in Cape Canaveral.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution creating District 2 Sports Advisory Committee.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution authorizing lease of real property; and execute Lease Agreement with Suntree Viera Youth Football League for lease of 3.22 acres located east of the parking lot at the Government Complex at Viera for team practices.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to utilize its previously approved Continuing Construction Management at Risk Contract for the construction and renovations to Fire Station #24 located at 2280 Columbia Boulevard, Titusville, Florida; and authorize the Chair to sign the associated contract upon review and approval by the County Attorney’s office.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with Florida Department of Children and Families for the local child care licensing and enforcement program.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the selection of health plans for the 2007 Health Plan Year as recommended by the Joint County/School Board Insurance Advisory Committee; and authorize the Office of Human Resources/Employee Benefits to negotiate and execute all agreements necessary to place this coverage effective January 1, 2007.  Motion carried and ordered unanimously.      

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of the Financial Statements and Independent Auditors Report for fiscal year ended June 30, 2005 for the Brevard Workforce Development Board, Inc.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve distribution of the Edward C. Byrne Grant for FY 2006-07; and authorize the Chair to execute necessary documents and budget changes associated with acceptance of the Grant.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the Bills and Budget Changes, as submitted.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Pritchard requested Mr. Visco provide a description of the National Association of Counties (NACO) Prescription Drug Discount Card Program. 

 

Insurance Director Gerard Visco advised of the details of the discount drug card program offered through NACO, which is to be used in lieu of insurance if insurance is not available.  He advised the cards, which are through Caremark, are available to NACO members at no cost to the County, no cost to the residents, and no charge to NACO; the cards have been distributed
nationally; and there is no limit on the County’s ability to distribute the cards.  He commented on
entering into a distribution agreement, length of time to establish the program, and ability to provide a card to every County resident who does not have insurance. 

 

Chair Voltz advised the County’s prescription program is not good; and recommended another vendor be considered. 

 

Commissioner Pritchard inquired how would people obtain a card; with Mr. Visco describing the distribution plan.  Mr. Visco suggested Housing and Human Services or another agency might be more appropriate to distribute the cards; and advised NACO makes it clear the demand on staff is minimal outside of the distribution of cards. 

 

County Manager Peggy Busacca inquired if Board approval is needed to enter into an agreement with NACO; with Mr. Visco responding affirmatively. 

 

Discussion ensued on other participating counties, card sounding too good to be true, positive program, how program is funded, and checking on the program to protect the citizens. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to direct Mr. Visco to get additional information on the NACO Drug Discount Program.  Motion carried and ordered unanimously.   

 

 

 

Commissioner Pritchard requested a finalization of the legislative issues at the July 11, 2006 meeting.  County Manager Peggy Busacca advised staff is coordinating that with Senator Haridopolos.

 

 

 

Commissioner Pritchard stated when the Board changed the zoning on churches, it removed the allowances to allow parking of church buses on church property; he does not think that was the Board’s intent; and suggested the Board review and revise the Ordinance.  Planning and Zoning Director Robin Sobrino stated when the properties were rezoned administratively for churches, there was no change in the status regarding buses; and they have never been permitted by Code.  Commissioner Pritchard stated the Board needs to address this because inherent in the ministry of many churches is the ability to get the people there or to get the congregation to other venues; and the Board should address this.  Ms. Sobrino advised she would be glad to come back with a report; and it was not an exclusion of church buses, but the issue never came up that they were precluded. 

 

Commissioner Colon advised a lot of churches do not realize they are not in compliance.  

 

 

 

Commissioner Pritchard commented on an article in Space Coast Business magazine concerning Cocoa Village Marina selling slips, privatization of public access to public waterways, State’s granting of a two-year abeyance, loss of public access to waterways, and cost of private boat slips.  He advised he has been pushing for a public marina on Merritt Island; there is opportunity for 131 slips that would remain in the public venue for rental; and recommended the Board address the issue before it loses that marina to privatization. 

 

 

 

Commissioner Carlson stated previously she brought up the issue of the Pineda Extension and the railroad crossing; Post Buckley Schuh & Jernigan sent a letter to the Florida East Coast Railroad with explicit information on the cost and impact of doing the flyover as FECRR suggested; and the cost of that one segment would be in excess of $21 million whereas right now it is $7 million.  She requested the Chair be authorized to work with the County Attorney to put together a very strong letter to the FECRR, with copies to all elected officials, advising it is not feasible to do as was suggested and that the County has eminent domain powers. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize the Chair to send a letter to the Florida East Coast Railroad, with copies to appropriate elected officials, advising the suggestion of FECRR is not feasible, and advising of the County’s eminent domain powers.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Carlson stated the County owns property zoned BU-1 on Island Point; it was the old Mathers Bridge Restaurant; and the neighbors would like the property to be sold to be used for a residence.  She stated Transportation Engineering has an appraisal on the property indicating the highest and best use would be as a residential lot; and requested the property be administratively rezoned to residential use that is appropriate for the area. 

 

Chair Voltz inquired who is the owner; with Commissioner Carlson responding the County.  Commissioner Carlson commented on prior use of the property.  

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to authorize proceeding with administrative rezoning of property, formerly known as the Mathers Bridge Restaurant, from BU-1 to an appropriate residential zoning classification.  Motion carried and ordered unanimously. 

 

 

 

Jackie Woodson, President of the Native Heritage Gathering, Inc., expressed appreciation to the Board for the donation given to the Powwow; and commented on events at the Powwow, educational programs, and number of attendees.

 

Martha Pessaro, Treasurer of the Native Heritage Gathering, Inc., commented on receiving a grant through Brevard Cultural Alliance; plans for the Powwow; and community support from Sam’s Wholesale Club, Patrick Air Force Base, Bird’s Western Wear, and the City of Melbourne.  She advised of the program; stated she hopes everyone in the community will attend; and in the lobby is a sampling of the music and commentary. 

 

Ms. Woodson advised there is a large population of Native Americans in the County; and they work with the schools to have a lot of community involvement.  She advised the Powwow will be held the second weekend in December at the Wickham Park Pavilion.

 

Commissioner Colon thanked Ms. Woodson and Ms. Pessaro; and commented on education, being a nation of immigrants, and diversity in the community.

 

 

 

Commissioner Colon stated the country is in the middle of a war; it is disheartening that she is not seeing flags and yellow ribbons; and she is taking this on as a task.  She commented on residents serving in the war, loss of a member of the First Baptist Church of Poinciana, attending graduations, young people enlisting in the Armed Forces, attending the Firefighters Awards Ceremony, and expressing appreciation to those who are making sacrifices.

 

Commissioner Pritchard commented on the accuracy of the media in reporting on what is happening in Iraq and Afghanistan. 

 

 

 

Chair Voltz advised she visited Titusville-Cocoa Airport on Friday with the Gryphon Group; and recommended all Commissioners go to see what is being done.  She advised everyone needs to keep the military, police officers, and firemen in their prayers.   

 

 

Chair Voltz stated she is not sure why the County does not allow live music in County parks.  Commissioner Carlson stated people just need a permit; with Chair Voltz responding she was told it was not possible to even get a special permit for it.

 

Assistant Parks and Recreation Director Jack Masson advised the County allows live music in parks with a permit.  Chair Voltz inquired if someone wants a permit, would they go to Mr. Masson; with Mr. Masson responding he will be glad to talk to the individual to provide direction. 

 

 

 

Chair Voltz stated she would like an audit of the cost of all the parks where there has been a tremendous overrun.  County Manager Peggy Busacca inquired if Chair Voltz is referring to the referendum projects; with Chair Voltz responding yes. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to authorize an audit of the Park Referendum projects.

 

 

Chair Voltz stated it is important to make sure that the money is spent wisely, efficiently, effectively and for the betterment of the citizens.  

 

Ms. Busacca inquired is the desire to make this part of the internal audit, to have a financial audit, and what firm does the Board wish to do it. 

 

Discussion ensued on internal auditors, financial audits, and audit of the function.

 

Motion restated by Commissioner Pritchard, seconded by Commissioner Colon, to authorize an audit of the Park Referendum projects by the internal auditors. 

 

 

Ms. Busacca stated they will discuss it with the audit group, depending on the Board’s decision today whether to extend the Contract of the internal auditors or go out for RFP. 

 

Commissioner Colon suggested discussing the issue at the Budget Workshop.

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

 

Bill Cannon, President of the Canaveral Groves Homeowners, Inc., expressed appreciation to the men and women of the local, County, State, and federal fire agencies for their efforts during the current fire season; to the many volunteers who worked in support of the firefighters and law enforcement officers; and to local businesses and individuals who donated goods in support of the effort.  He complimented Fire Chief Bill Farmer and his staff.      

 

 

 

Commissioner Scarborough read aloud a resolution commending Bernadette “Berni” Talbert on her retirement. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt a Resolution commending Bernadette “Berni” Talbert on her retirement.  Motion carried and ordered unanimously. 

 

 

Chair Voltz presented the Resolution to Ms. Talbert, who expressed appreciation to the Board.  Clerk of Courts Scott Ellis advised he had to force Ms. Talbert to come to the meeting.  

 

The Board expressed appreciation to Ms. Talbert. 

 

 

 

Commissioner Pritchard advised he read a book by Gilbert Tucker entitled, Before the Timber Was Cut; and read aloud a resolution commending the Gilbert A. and Ruth Tucker Family. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution recognizing and expressing gratitude to the Gilbert A. and Ruth Tucker Family for 60 years of
service and donations to the County.  Motion carried and ordered unanimously. 

 

 

Chair Voltz presented the Resolution to Gilbert Tucker, who, surrounded by his family, expressed appreciation to the Board.    

 

 

 

Commissioner Pritchard read aloud a resolution commending Ralph Perrone for his dedication and commitment to renovating, restoring, and beautifying properties on Merritt Island with the assistance of the Merritt Island Redevelopment Agency. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution commending Ralph Perrone, President of Perrone Properties, for his assistance to the Merritt Island Redevelopment Agency.  Motion carried and ordered unanimously.  

 

 

Commissioner Pritchard presented the Resolution to Ralph Perrone, who expressed appreciation to the Board.

 

 

 

Commissioner Pritchard read aloud a resolution proclaiming the week of June 5 through 10, 2006 as Management Week. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt a Resolution proclaiming the week of June 5 through 10, 2006 as Management Week.  Motion carried and ordered unanimously. 

 

 

Commissioner Pritchard presented the Resolution to Michael Woolley, President of the Florida Space Coast Council, who expressed appreciation to the Board, and advised of a banquet scheduled for June 8, 2006 at the Cocoa Beach Hilton where the Brevard County Manager of the Year Award will be presented to Court Administrator Mark VanBever, and the Gold Knight of Leadership Award will be presented to Bill Samples, President of Space Gateway Systems.    

 

 

 

Chair Voltz read aloud a resolution approving appointment of Weona Cleveland as Honorary County Historian. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint Weona Cleveland as Honorary County Historian.  Motion carried and ordered unanimously. 

 

 

Chair Voltz presented the Resolution to Ms. Cleveland who expressed appreciation to the Board and to the Historical Commission. 

 

Jim Culbertson, member of the Historical Commission, stated Ms. Cleveland is a resource to the County; and the Board is wise to honor her.   

 

Roz Foster, member of the Historical Commission, thanked Ms. Cleveland for the research and articles she has provided to enrich the heritage of the County. 

 

 

 

Commissioner Colon advised Solid Waste Management Director Euri Rodriguez’ father served proudly in the military, was a mentor to her, and was the reason she is a public servant.  She stated the resolution will be presented in Palm Bay at the Support the Troops Rally.  She read aloud a Resolution supporting the members of the United States Armed Forces and the families of military personnel serving in Operation Iraqi Freedom.

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution supporting the members of the United States Armed Forces and their families.  Motion carried and ordered unanimously. 

 

 

Mr. Rodriguez commented on his father and his family. 

 

 

 

Frank Abbaleo, Human Resources, commented on the purpose and function of the Citizen Academy.  He advised Nick Klein is the youngest person to participate and complete the Citizens Academy.  He thanked all the Departments that participated in this year’s program, and those employees who put together the presentations; and expressed appreciation to Carrie Cotter for her assistance with the Program. 

 

He presented Certificates to Alberta Clinkscales, Karen Drada, Robert Godshall, Nicholas Klein, Joe and Joan McCormick, Bill and Ruth Mercer, Cathy Munroe, Irene Quilleux, Kathy Rich, Cathie Schanz, Helen Seaman, and Roy Wariner. 

 

 

 

County Manager Peggy Busacca recognized employees with 25, 30, and 35 years of work with the County.  She congratulated and presented Employee Longevity Recognition plaques to Mary O’Neal of Road and Bridge for 35 years of service; Samuel Banks of Solid Waste Management, and Alicia Khan, Scott Lunden, and Franklin Scates of Fire Rescue for 30 years of service; and Robert Commons of Housing and Human Services and Jerry Hensley of Utility Services for 25 years of service.     

 

 

 

Commissioner Colon read aloud a resolution recognizing the Community Problem Solving Team from Palm Bay Elementary School. 

 

Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution recognizing the Community Problem Solving Team from Palm Bay Elementary School.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon presented the Resolution to the Team and Coach Barbi Miller, who expressed appreciation to the Board and outlined the activities of the team. 

 

Commissioner Pritchard inquired about the Recycle Rap.

 

A member of the Team thanked the Board for the recognition. 

 

 

 

Commissioner Colon read aloud a resolution recognizing the late Reverend Jeffrey Kittredge for his effect on the community and his contribution to the creation of Links of Hope. 

 

Motion by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution recognizing the late Reverend Jeffrey Kittredge for his effect on the community as well as on his church.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon presented the Resolution to Sylvia Kittredge, who expressed appreciation to the Board for the recognition of her husband. 

 

Father Joe McDowell stated Links of Hope exists because of the encouragement and support of Reverend Kittredge. 

 

 

 

Commissioner Pritchard read aloud the resolution encouraging support for National Sea Grant College Program.

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution encouraging support for the National Sea Grant College Program.  Motion carried and ordered unanimously. 

 

 

Commissioner Pritchard presented the Resolution to Sally Scalera, Horticulturist, Agriculture and Extension Services, who expressed appreciation to the Board.

 

 

The meeting recessed at 10:45 a.m. and reconvened at 10:57 a.m.  

 

 

 

Joan Roman, Account Executive with Aetna Insurance, thanked the Board for giving Aetna the opportunity to administer health plan benefits for the County for almost ten years; and advised they are disappointed with the recommendation to change health plans for next year; but they respect that decision and are committed to expansion of their network and services.  She stated they look forward to a future relationship with the County; and will work to have a smooth transition. 

 

 

 

Gretchen Demole commented on the annexation of Indian River City and Whispering Hills in 1956 and changes in annexation laws.  She stated on March 13, 2006 she received a letter from the City of Titusville informing that her property had been annexed in July 2005; this was done with no notification, referendum, or representation; and read aloud Florida Statute 171.046 concerning annexation of enclaves.  She inquired about joint planning agreements; and requested relief. 

 

Clifford Rouse commented on moving to Florida, development of the area, and creation of the enclave.    

 

Mary Jane Rouse submitted paperwork to the Board, but not the Clerk; and commented on the annexation.  She enumerated the additional charges she would have to pay under the annexation; and advised of the location of fire services. 

 

Homer McDaniel thanked the Board for sending a letter to the City of Titusville requesting a hearing; and advised a hearing has been scheduled for May 23, 2006 at 5:30 p.m. to address the problem.  He commented on use of the Statute, lack of notice, illegal annexations of 12 properties on Key Largo Drive and two properties on S.R. 405, and presentation to the City; and requested the Board go along with the decision of the City.  

 

 

 

Ethel Moore Smith Basclette stated her interest is the water and sewer problems for Viera. 

 

Chair Voltz inquired if the issue is on the Agenda; with Ms. Basclette responding yes.  Chair Voltz advised public comment is not to be about Agenda items.  Ms. Basclette stated her comments relate to Stoneridge; and inquired if Viera will zone for skyscrapers.  Chair Voltz responded she doubts it as it is not in the DRI; and advised a staff member will talk with Ms. Basclette about her concerns.  

 

 

PUBLIC COMMENT, RE:  ANNEXATION BY THE CITY OF TITUSVILLE  (CONTINUED)

 

Commissioner Scarborough stated the Board recognizes this is not the way to do business; the letter the Chair sent recognizes that it was not the Legislature’s intent to not have public participation and notice; and explained the County did not involve the residents in working and reworking the draft with the City.  He noted it was not the driving force behind the joint planning agreement (JPA); and explained that the JPA was driven because there were areas in the periphery of Titusville that the County was concerned could impact County residents, and the resulting discussions have benefited the County.  He commented on Mr. McDaniel talking to the County Manager, logic behind annexations, lack of detailed analysis, who can best judge the level of service, request to the City to work with the community, and scheduled meeting.  He stated the County will have someone present at the meeting; it will continue the dialogue and provide information as to levels of service; but the final determination should be driven by the persons directly affected by the decision.  He recommended drafting a letter for the Chair’s signature to be read at the May 23, 2006 meeting clarifying the County’s position. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the Chair to send a letter to the City of Titusville clarifying the Board’s position concerning the Joint Planning Agreement and annexations by the City, including the need for detailed analysis and input of the citizens in the annexation area.  Motion carried and ordered unanimously. 

 

 

Chair Voltz inquired who is going to be at the meeting on the County’s behalf; with County Manager Peggy Busacca responding the Planning and Zoning staff.  Commissioner Scarborough stated it is a service issue as well as a zoning issue; and staff needs to be cognizant of response times, ability to maintain levels of service, etc. 

 

 

REPORT, RE:  BUS PARKING AT CHURCHES  (CONTINUED)

 

Assistant County Attorney Teri Jones stated in Commissioner Pritchard’s report he mentioned church buses in IN(L) zoning; and inquired if it is the Board ’s desire to abate enforcement until the Board comes to a resolution of the matter.

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to abate enforcement of bus parking in IN(L) zoning classifications until such time as the Board resolves the issue.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of public utility and drainage easement in Port St. John, Unit Six, as petitioned by Kevin B. and Patricia R. Burgett and Jennifer A. Robert B. Grafing.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating a portion of public utility and drainage easement in Port St. John, Unit Six, as petitioned by Kevin B. and Patricia R. Burgett and Jennifer A. and Robert B. Grafing to July 11, 2006.  Motion carried and ordered unanimously.     

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of public utility and drainage easement in Port. St. John, Unit Four, as petitioned by Dorothy M. Sloan. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating a portion of public utility and drainage easement in Port St. John, Unit Four, as petitioned by Dorothy M. Sloan to July 11, 2006.  Motion carried and ordered unanimously.   

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating unnamed right-of-way in Second Addition to Indian River City, as petitioned by Dart Engineering LLC (Riveredge Properties of Brevard).

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating unnamed right-of-way in Second Addition to Indian River City, as petitioned by Dart Engineering LLC (Riveredge  Properties of Brevard) to July 11, 2006.  Motion carried and ordered unanimously. 

 

 

 

Discussion ensued on which items under Public Hearing will require discussion. 

 

Chair Voltz advised Chief Deputy Sheriff Tom Jenkins requested a time certain for item VI.K and she agreed; but another item was assigned a 1:30 p.m. time certain; and Item VI.K will be considered at 1:15 p.m.

 

 

 

Chair Voltz called for the public hearing to consider resolution and budget changes for second quarter supplemental budget for FY 2005-06. 

 

County Manager Peggy Busacca advised in addition to what the Board has been presented as part of the supplemental budget, two needs have arisen subsequent to the publication; the first is for $17,500 for the Brevard County Health Department to assist with funding to continue maternity services for low-income and high risk maternity clients; and the second is $59,000 for payments associated with the Mandated Health Care Responsibility Act due to an unusual 39-day stay for one patient at Shands Hospital.  She advised the expense is mandated to the County; and if additional funding is not received, then Housing and Human Services will be forced to cut assistance with food, rent, and utilities for the indigent. 

 

Chair Voltz inquired where will the money come from; with Ms. Busacca responding the mid-year includes $825,000 for fuel reserves; and requested $76,500 be taken from that, which will allow the Board to still allocate almost $750,000 to the operating reserves for fuel.

 

Commissioner Scarborough stated that is fine; but the Board also has an item for the power plant investigation; it got $300,000 from the Tax Collector; and this needs to be left open because the other $50,000 would be in this item.

 

 

 

Discussion resumed on the order of the Agenda and items not requiring discussion.   

 

Commissioner Pritchard stated Item VIII.E.12 was a request to do a small area study; the Board said it would do it; but apparently Ms. Sheetz was led to believe the Board needed to vote to do that.  He stated he thought the Board accepted that it would do a small area study.  Planning and Zoning Director Robin Sobrino stated there are currently four studies in process; and staff will be glad to undertake this one as soon as there is staff to do so.   

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating a portion of public utility and drainage easements in Port St. John, Unit Seven, as petitioned by Cary E. and Charleen M. Perrine. 

 

There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility and drainage easements in Port St. John, Unit Seven, as petitioned by Cary E. and Charleen M. Perrine.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider resolution vacating portion of public utility and drainage easement in Pelican Creek Estates, Addition No. 4, as petitioned by George S. and Sandra S. Weinbrenner.

 

There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility and drainage easement in Pelican Creek Estates, Addition No. 4, as petitioned by George S. and Sandra S. Weinbrenner.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider resolution vacating portion of public utility and drainage easement in Waterway Estates, Fifth Addition, as petitioned by John G. and Nancy L. Bugenske.

 

There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public utility and drainage easement in Waterway Estates, Fifth Addition, as petitioned by John G. and Nancy L. Bugenske.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider resolution and hold harmless agreement vacating portion of public utility and drainage easement in Waterway Estates, Third Addition, as petitioned by Robert W. and Jerry S. Miller. 

 

There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution and execute Hold Harmless Agreement vacating portion of public utility and drainage easement in Waterway Estates, Third Addition, as petitioned by Robert W. and Jerry S. Miller.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider resolution vacating portion of public drainage easement in Acres of Diamonds, as petitioned by Michael D. Jones. 

 

There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of public drainage easement in Acres of Diamonds, as petitioned by Michael D. Jones.  Motion carried and ordered unanimously. 

 

 

 

Van Catterton, representing the Aquarina Homeowners Association, stated in speaking with Mason Williams, the developer’s attorney, they assumed it was the setback issue that is covered in the Second Addendum that is included in Item VIII.A.6; and inquired what is included in Item VIII.A.1.  Chair Voltz advised it is for Parcel B and has nothing to do with the setbacks on the frontage; but it will be discussed later in the meeting. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize David Laney from the University of Central Florida (UCF) to conduct the Mims Incorporation Feasibility Study; and authorize the County Manager to execute the Letter of Agreement with UCF.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant final engineering and preliminary plat approvals for Malabar Lakes Subdivision, subject to minor changes as applicable and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant a second six-month extension  for Harbor Island, SP#03-09-004, to allow the applicant to continue the review process.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Second Addendum to Planned Unit Development Preliminary Development Plan and Construction Escrow Agreement for the construction of Aquarina Community Center/Racquet Club and Beach Club; and waive the Brevard County Coastal Setback for the construction of the Club.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant final plat approval for Paladin Estates, subject to minor changes if necessary, receipt of all necessary documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.   

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Subdivision Infrastructure Contract with Meridian of Brevard LLC guaranteeing infrastructure improvements for Meridian Condominium.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the recommended composition for the structure of the Affordable Housing Team/Task Force, as follows:  Designated County Departments including Housing and Human Services as the lead entity, Planning and Zoning, Permitting, County Attorney, and other Departments as needed; representatives from the Workforce Housing Taskforce, Economic Development Commission, Home Builders Association, Space Coast Realtors Association, and Affordable Housing Council; a representative from each of four major cities and one representative from a smaller city from the Space Coast League of Cities; and a representative from each of the Two Housing Authorities.  Motion carried and ordered unanimously.   

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise a public hearing to consider an ordinance amending Brevard County Code Section 102-66(B), to increase the Occupational License fee by 5% to $38.85.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to award Proposal #P-4-06-02 to Accela, Inc. in the amount of $1,082,170.00 for development of the new Community Development Permit Information System; and authorize the Chair to execute negotiated Contract contingent upon final approval by the County Attorney.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Subordination, Nondisturbance, and Attornment Agreement with Independence Community Bank for the Byrd Plaza Shopping Center in Cocoa.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with Nextel for placement of a temporary cellular tower at the South Beaches Wastewater Treatment Plant to facilitate Public Safety and emergency communications needs; approve the proposal by Nextel to replace the existing tower at South Beaches plant with a new tower structure, which will become the property of the Board as a tower replacement once completed; approve lease of space to Nextel, Inc. on the new structure as per the terms of the Agreement; and authorize the Water Resources Director to sign and file any necessary applications, permits, etc. as may be required for this project on behalf of the Board.  Motion carried and ordered unanimously. 

 

 

           

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to execute Agreement with 2-1-1 Brevard, Inc. for ongoing readiness and disaster response services for FY 2006; and authorize the County Manager or designee to execute any documents association with the Agreement.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution approving the issuance of Multi-Family Housing Revenue Bonds, not to exceed $3,325,000 by the Brevard County Housing Finance Authority to finance the acquisition, construction, and development of Magnolia Pointe Apartments.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution approving the issuance of Multi-Family housing Revenue Bonds, not to exceed $9,225,000 by the Brevard County Housing Finance Authority to finance the acquisition, construction, and development of Silver Sands Apartments.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution approving issuance of Brevard County Industrial Development Revenue Bonds up to $2.3 million to refinance the existing debt and new construction for the East Coast Zoological Society of Florida, Inc. (d/b/a Brevard Zoo); and authorize the Chair, Clerk, or designee, and County Attorney to execute bond and related documents; and to accept TEFRA Public Hearing comments for the project. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the revised Precinct Legal Descriptions due to annexations by the City of Titusville and creation of new Precinct 222 in Palm Bay.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize distribution of State forfeiture funds to Troop D of the Florida Highway Patrol from a joint investigation with the Brevard County’s Sheriff’s Office through a purchase of equipment for the Florida Highway Patrol in the sum of approximately $11,008 for their agency’s participation in lieu of obtaining U.S. currency.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve a Small Area Study for the community south of S.R. 520, off Newfound Harbor Drive and South Banana River Drive in Merritt Island.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Colon stated any discussion on this issue will be handled under Executive Session; and she did not want the firefighters to wait all day to hear that.  She requested they be given an opportunity to speak. 

 

Chair Voltz stated she would prefer not to put one item over another. 

 

County Attorney Scott Knox advised there will not be an Executive Session on the Cody Study. 

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating portion of drainage easement in Section 36, Township 24S, Range 36E (Harbor Island Project), as petitioned by Pulte Home Corporation (Shutts & Bowen Law Office).

 

Mark Thompson, representing Pulte Homes, advised the legal and consulting team are present in addition to the engineer and landscape architect; and expressed appreciation for the site plan extension that was granted earlier.  He advised they are present requesting vacating of an easement; the easement is part of a drainage easement corridor that was part of an old site plan; and that site plan is inconsistent with the corridor, so part of the drainage easement has to be vacated.  He stated the request for the vacation is supported by staff; and they have come to satisfactory resolution of the Carriage Park matters. 

 

Nancy Bruder advised all issues have been resolved. 

 

Blair Conroy expressed appreciation on behalf of Carriage Park, Chelsea Park, Hampton Park, Kelly Park, Turtle Creek, and Suntree Lakes, which are all Pulte communities; and advised Ms. Bruder’s repairs are 75% complete and within the next 30 days, all repairs will be complete.  He commented on shared responsibility, settlement agreement with Pulte Homes, Pulte Homes taking leadership role, and request for new performance standards for developers and performance bond.  Mr. Conroy advised he will bring Melbourne football hats to each of the Commissioners’ offices. 

 

Mr. Thompson stated this is a story with a happy ending; and commented on assistance from the County. 

 

Attorney Ken Wright, representing Pulte Homes, commented on resolution of the problems, provisions of the Tree Preservation Ordinance, lack of means to mitigate preservation of tree canopy, betterment plan, Task Force working on a new ordinance that will provide for mitigation, and 140 acres of impoundment.  He stated under the proposed ordinance there is a provision that allows for 25% preservation, but it is accomplished in a split between 15% preserved onsite and compensating with another 10% into the landscaping. 

 

Chair Voltz inquired what does that have to do with this item; with Mr. Wright responding it does not.  Chair Voltz suggested Mr. Wright come back when the ordinance is adopted or meet with the Commissioners to let them know what is going on.  Mr. Wright requested direction to work with staff on the ordinance so they do not end up waiting until August for an ordinance to comply with.  Chair Voltz stated she has no problem with Mr. Wright working with staff; but it is not an issue that needs to be discussed today. 

 

Commissioner Carlson expressed appreciation to Pulte Homes for helping to work this through.    

 

There being no further comments or objections, motion was made by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution vacating portion of drainage easement in Section 36, Township 24S, Range 36E (Harbor Island Project), as petitioned by Pulte Home Corporation (Shutts & Bowen Law Office).  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider a resolution vacating rights-of-way in Plat of Section 1, Map of Survey of Jorgensen’s Plat of Grant, as petitioned by Spectrum, Inc. (Summit View Golf Club). 

 

Transportation Engineering Director John Denninghoff advised the petitioner needs to address the Board; and then they can resolve most of the issues.

 

Ann Saunders, BSE Consultants, provided an overview of the project; and displayed a map showing easements and easements requested to be vacated.  She explained the objection of FP&L; and stated FP&L requested they provide a 100-foot wide on-center easement, which they are willing to do.  She stated currently FP&L has no legal access to its transmission lines; and they are going to utilize the existing driveway and provide an easement on top of that to allow FP&L legal access directly to the transmission line.  She stated FP&L will confer with the Transportation Management Department to review the documents; and within a few days FP&L will send a letter of no objection to the County.  She requested approval conditioned upon receipt of the letter of no objection from FP&L. 

 

Mr. Denninghoff stated that is acceptable.   

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution vacating rights-of-way in Plat of Section 1, Map of Survey of Jorgensen’s Plat of Grant, as petitioned by Spectrum, Inc. (Summit View Golf Club), subject to receipt of letter of no objection from FP&L and recording of an easement for FP&L’s transmission lines.  Motion carried and ordered unanimously. 

 

 

The meeting recessed at 11:59 a.m. and reconvened at 1:17 p.m.          

 

 

 

Chair Voltz called for the public hearing to consider an ordinance for sexual offenders and sexual predators.

 

Sheriff Jack Parker advised he and several of the Police Chiefs are present in support of the proposed ordinance. 

 

Connie Underwood advised of a personal experience with a sexual predator; and requested an investigation.  Chair Voltz suggested Ms. Underwood confer with Sheriff Parker. 

 

Kevin Gillick, Editor of the Guardian Brevard, commented on the publication; and stated in all the years Guardian Brevard has been distributed, there has never been an incident of violence done to any of the people.  He voiced support of the proposed ordinance; and commented on sexual predators and sexual offenders, increased law enforcement contact, and need for supervision.

 

Chair Voltz stated she received a notice from the City of West Melbourne about a sexual predator; when she went by the house it was for sale; and there is no one there. 

 

Sheriff Parker commented on being an unfriendly community for sexual offenders and sexual predators, common goal of making it safe for children in the community, and national registry.  He advised of the notification plan. 

 

Commissioner Colon inquired how the ordinance will work in the municipalities; with Sheriff Parker responding they are trying to have a consolidated ordinance so municipalities will not be compelled to adopt an ordinance.  He advised municipalities that have an Ordinance can decide which they want to enforce; eventually they would like the State to enact State law; and advised of the advantages in terms of impact.  Commissioner Colon inquired about enforcement; with Sheriff Parker responding the ordinance is the first step.  Sheriff Parker commented on coordination between the Police Chiefs, his office, and Probation and Parole; number of offenders in jail; abiding by conditions of release, and need for monitoring.  Commissioner Colon commented on educating the community and enforcement; with Sheriff Parker advising of the notification program, and value of Guardian Brevard.

 

Chair Voltz inquired about the fourth element concerning prohibiting property owners from knowingly leasing or renting to sexual offenders or predators any property within the 1,000-foot buffer zone surrounding a school, day care center, park, or playground.  Sheriff Parker advised of the original language, possible pending legislation, and difficulty of enforcement.  

 

Commissioner Pritchard commented on emails from someone trying to trivialize what Sheriff Parker is trying to do by saying it is just poor behavior; with Sheriff Parker advising he has never found a simple case of poor behavior labeled as an offender or predator.  He stated anyone having an example they believe is right may give it to him; he will pull the original case report and look at the original case; and chances are good it will be an awakening experience to the person calling because they will have been misled. 

 

Commissioner Colon commented on a presentation by the Children’s Services Council; and recommended involving the Board of Realtors, which handles a lot of rentals.   

 

There being no further comments or objections heard, motion was made by Commissioner Colon, seconded by Commissioner Carlson, to adopt an Ordinance relating to sexual offenders and sexual predators; entitled “Sexual Offenders and Sexual Predators”; providing for findings and intent, definitions, prohibiting sexual offenders and sexual predators from residing or entering within 1000 feet of schools, daycare centers, parks, and playgrounds, providing exceptions, requiring law enforcement officers to afford an opportunity to explain presence in a prohibited area, providing for measurement of distances, requiring declaration by sexual offenders and sexual predators under certain circumstances, requiring photo identification, prohibiting access to public shelters with exception of those specifically designated to house sexual offenders and predators, excluding travel of Brevard County public roadways; providing penalties providing for Countywide application, providing for enforcement; providing for severability; providing for codification; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider transmittal of 2006A Comprehensive Plan Amendments and submittal to Department of Community Affairs. 

 

Commissioner Carlson stated page 18 has been rewritten.  County Manager Peggy Busacca advised staff expected the 1:30 p.m. time certain to be heard next, so staff is not present yet.

 

 

 

Interim Parks and Recreation Director Don Lusk advised of public attention to the Wickham Park horse barns project; and stated the purpose today is to get direction only on the horse barns and they will not be discussing the equestrian center, equestrian activities, Wickham
Park, or the referendum projects as a whole.  Mr. Lusk advised of the history of the project, input of the citizen committee, elements of the equestrian center, demolition and replacement of the horse barns, meeting with attorneys and contractors, cost estimates, and design done with input of the advisory group and users.  He commented on options and existing expenses; and expressed appreciation to everyone involved, including the Board, the horse barn and equestrian supporters, and staff. 

 

Discussion ensued on cost estimates and inclusion of every option.

 

Debbie Pavone and Jennifer Fountain voiced support for the horse barns.  David Pavone expressed concern about the design and costs. 

 

Chair Voltz advised she requested an audit on all the referendum issues.    

 

David Palmbach outlined the concerns of the equestrian community; commented on Advisory Board minutes; and voiced support for the equestrian facility done at a reasonable cost as soon as possible.     

 

Discussion ensued on specifications for affordable barns and related facilities, other options, and outrageous estimates.  

 

Laine Henry, representing the Space Coast Arabian Horse Club, Inc., expressed support for a scaled back equestrian facility at Wickham Park. 

 

Kathy Russell commented on the benefits of horse ownership for youths and quality of life; and voiced support for the restoration of the horse barns. 

 

Pamela Rogan, representing Harmony Farms, Inc., commented on responsibility of horse ownership, option 7, reduction of maintenance cost, and heritage of the County.

 

Pat Lorraine commented on Joe Wickham’s dedication of land to the County for enjoyment of horses.

 

Adel Tennyson, representing Orlando Arabian Horse Club, commented on the benefits of horse ownership to children. 

 

Jackie O’Connell voiced support for the horse barns; and commented on horses and quality of life. 

 

Marion Myers read aloud a paper written by her daughter, Madison, advising of her relationship with horses, lessons learned, responsibility to provide for her horse, and sportsmanship; and requested the facilities be rebuilt. 

 

Louisa Killian commented on her experiences with Wickham Park horse facilities; and voiced support for rebuilding the horse barns. 

 

Jean Freeman, speaking on behalf of her daughter and granddaughter, voiced support for parks and family-oriented recreation areas, particularly the Wickham Park horse facilities.   

 

Chair Voltz stated the issue is all about cost. 

 

Commissioner Pritchard commented on the amount of work involved with owning a horse, loss of boat slips and public waters, loss of horse stalls and boarding areas, limited number of sports fields, cost to transport horses, question of cost, escalation of costs, waiting list for airplane hangars and horse stalls, and fair rental fees.  He stated there are three questions, what is a fair rental, realistically how many stalls are needed, and at what cost. 

 

Commissioner Carlson stated the Board needs to do what the voters requested, which is to rebuild the stalls; it has been a frustrating effort to get the equestrian facilities built; and even though it appears to be a lot of money at $1 million, it is a capital investment in the community and quality of life.  She commented on investments in other areas such as soccer or baseball, senior center at Wickham Park, putting in extra money for the stables, and giving consideration to all groups.  She stated option 2 was the least expensive option; and outlined the costs involved.  She stated option 7 involved metal versus wood; there are cost differences in the construction; but in the long-term, the metal stable will be more cost effective.  She commented on management of the new stables, working within the International Construction and Engineering, Inc. (ICE) contract, working within the $1 million, and refining option 7.

 

Chair Voltz inquired which option Commissioner Carlson is talking about; with Commissioner Carlson responding option 7.  Commissioner Carlson advised it is metal versus wood; outlined the long-term advantages of metal; and described the proposed construction.  She inquired if staff has looked at whether it would have to go out to bid if the cost could be contained within the existing contract.  Assistant County Attorney Morris Richardson responded it would depend on how different the new project is going to be; if it is significantly different, then there would have to be a termination of the old contract and it would have to go out for a new bid; and it appears option 7 would be close enough to the original bid that if ICE could do it within that cost, it could still be with the same contractor.  Commissioner Carlson stated it would be over $200,000 if the contract was terminated besides the late costs; and inquired if any additional costs would be added to that; with Mr. Richardson responding they would claim delay damages of approximately $200,000, plus some profit and overhead damages that are built in from the contract.  Commissioner Carlson stated staff did something to hold the costs down with the metal; with Assistant Parks and Recreation Director Jack Masson advising a deposit of $53,000 was put forward to hold the price for the metal.

 

Chair Voltz stated there were comments that the public was not happy with the cost of the project; and recommended working with staff.

 

Commissioner Colon stated she agrees with Commissioner Pritchard; and commented on the diversity of the community and quality of life.  She stated this is not the only project that the price has gone up on; and advised of meetings in her office.  She commented on the issue with the bonds, promises to the community, moving forward with option 7, users of Wickham Park, and horses as part of history of Wickham Park; and stated she supports Commissioner Carlson’s wishes.

 

Commissioner Carlson stated she would like to go with option 7 to the degree that it will work with the existing scope of service with ICE so the Board can avoid additional costs, and within
the option the Board should be sure to include the judges/announcers’ stand and restrooms.  Commissioner Carlson stated she is sure they can be made less expensive; the bathrooms are made so they are vandal-proof; they want to put enough quality so there are not those issues; but they need to have something in place soon.  She stated she would like to make a motion to approve a variation on option 7, which would include the judges/announcers’ stand and any other thing that has been left off; and approve getting the public and staff together to be more specific about what this is going to look like.  She stated it is going to be a shed row; there will hopefully be four 12-stall units with a community tack room at the end of each facility; the rest of the grounds have been laid out and engineered already with a central let-out area in the middle; and the only thing she does not see are the wash racks, so accommodations need to be made for that sort of thing.  She stated what is put into the stalls should be as low maintenance as possible. 

 

Motion by Commissioner Carlson, seconded by Commissioner Colon, to approve a variation of option 7 to include the judges/announcers’ stand, restrooms, and any other things that have been left off; authorize getting people together to decide on the desired specifics; and approve four 12-stall units with a community tack room at the end of each facility, accommodations for wash racks, and low maintenance stalls.  

 

 

Commissioner Scarborough stated he is not aware of all of the dynamics; and expressed concern about how this will impact other projects.  He commented on t-hangars and whether approving the stalls for 48 horses will deny others; and commented on fees to offset so other projects are not put off.  He stated everyone needs to work together for the good of the whole.

 

Discussion ensued on the construction of the stalls, composite structure with steel framing, lifetime warranty, enforcement of lifetime warranty, staff monitoring the warranty, metal framing for the corrals, and concession stand operation.

 

Chair Voltz stated when there are a number of people who support the barns, but not the cost, that should be a red flag; and she supports building the 48 stalls; but she does not support the cost, so she will not support the motion. 

 

Commissioner Pritchard stated this is going to be negotiated with ICE.  Commissioner Carlson stated the attorney will look at the scope, what was bid, and what was accepted; and if it is closely aligned with what was initially wanted, it would work, but if everything was different, it would have to be rebid. 

 

Discussion ensued on ending up with higher costs because of bonding and bidding requirements, operating costs and revenues, amount of the fees with 100% occupancy, bond issue affecting all projects, information Commissioner Scarborough provided, rental based on market value, and looking at both sides financially. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered; Commissioner Voltz voted nay. 

 

 

Chair Voltz stated she does not support the cost; the cost could come down; and staff needs to look closely at that and work to bring down the costs.

 

Commissioner Carlson stated as this goes forward, she would like to see a draft management plan come back to the Board for this facility including the services the County would provide and the costs to rent so everyone is clear.  She stated the County would like to be able to recover some, if not all, of the costs; they need to involve the user group to determine those things; and they need to provide services under a controlled managerial kind of environment. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to direct staff to provide a draft management plan outlining the services to be provided and costs to rent.  Motion carried and ordered unanimously. 

 

 

The meeting recessed at 3:16 p.m. and reconvened at 3:35 p.m.

 

 

 

Commissioner Carlson stated she talked to Planning and Zoning Director Robin Sobrino during the break, and she has no longer has any issues.

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize transmittal of the 2006A Comprehensive Plan Amendment package to the Department of Community Affairs. 

 

 

Commissioner Pritchard inquired about the acreage summary and why the percentages are less than what he got from the East Central Florida Regional Planning Council; with Planning and Zoning Director Robin Sobrino responding staff worked hard to make the numbers accurate, which required a great deal of cross-referencing and ground truthing.  Commissioner Pritchard advised he will go with staff’s number.  He inquired about the transportation corridor under Policy 2.9, Map 3; with Ms. Sobrino responding the corridor reflects the preferred alignment based on the study in the preliminary design and engineering study, and takes into effect a corridor on either side of the proposed route.  Transportation Engineering Director John Denninghoff advised the corridor width and the alignment is intended to be a general blanketing of the area where the roadway will be located; the PD&E study that was performed for FDOT contemplated a number of alignments that could be alternates; and it allowed for some minor deviations in the location on the preferred alignment.  He stated the idea in the Comprehensive Plan is to have a generalized document to allow flexibility as the County moves forward with the project.  Commissioner Pritchard stated it is so wide that it does not clearly identify the route; and expressed concern about the information being provided to builders or developers who may be wishing to do something in this area.  Mr. Denninghoff stated staff makes the report available to anyone who requests it; and staff has met with all property owners along the route and shown them the preferred alignment, so they are well informed where the preferred alignment is; and the Comprehensive Plan language specifically refers to the preferred alignment and the study. 

 

Discussion ensued on the proposed route for the beltway/parkway. 

 

Chair Voltz called for the vote on the motion.  Motion carried and ordered unanimously. 

 

 

Planning and Zoning Director Robin Sobrino requested the Board approve legislative intent and grant permission to advertise the proposed transportation management corridor ordinance. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve legislative intent and grant permission to advertise the proposed transportation management corridor ordinance.  Motion carried and ordered unanimously. 

 

 

 

Chair Voltz called for the public hearing to consider an ordinance and resolution expanding the boundaries of Merritt Island Redevelopment District (MIRA).

 

Economic and Financial Programs Director Greg Lugar advised the Vice Chair of MIRA is present to address the Board; but what MIRA is requesting is for the Board to approve a resolution and ordinance to expand the District up S.R. 3 to Lucas Road, which would encompass some of the multifamily and commercial areas. 

 

Chair Voltz inquired about the map; with Mr. Lugar providing copies of the map. 

 

Mr. Lugar advised the areas shown in yellow on the map were created in 1988 and the eastern portion in 1991; and the blue area is the area being requested for expansion.  He stated that area is 145 acres; and they are not asking that this be for a 25-year period but to piggyback the existing life of MIRA, which has an end date of 2013. 

 

Commissioner Colon stated when it comes to MIRA the Board has allowed certain things, such as height and other exemptions; and inquired if there will be limitations to the expansion.  Mr. Lugar responded the area is limited; there is an inventory of uses; and only approximately five acres are vacant.  He stated the only project MIRA wants to do is take on the S.R. 3 landscaping project, which is an FDOT project that is currently out to bid.  He advised of a Joint Planning Agreement, budget to do the landscaping, and the commercial façade program.  Commissioner Colon stated she is supportive, and her only concern would be in terms of anything that is vacant where someone may want additional height; and she wants to be specific so there are no rumors starting in the community that the boundaries are being expanded to do something else, as that is not the case.  Commissioner Colon stated the Board needs to encourage beautification and take advantage of the dollars that are out there to make it happen. 

 

Mr. Lugar noted there are several streets that are still on septic tank; and MIRA would like to take on the same projects on South Tropical Trail, North Tropical Trail, and the Myrtice area.          

 

Commissioner Scarborough inquired how much money does the tax increment divert to MIRA annually now; with Mr. Lugar responding for the coming year, they are projecting it will be approximately $1.2 million.  Commissioner Scarborough commented on Merritt Island as a blighted area in comparison to the rest of the County; and inquired about analysis of other areas and whether there is a uniform definition. 

 

Discussion ensued on the Florida Statutes, definition of blighted, elements of blight, why Merritt Island is designated as blighted and other areas are not, bonding limitations, and expenditure of monies.

 

Mr. Lugar advised MIRA does not have intentions of financing any debt for improvements in the expansion area.    

 

Commissioner Carlson stated Doug Robertson said it was to leverage dollars that were going to come for landscaping grants, etc, but the money received through the expansion over and above what might be used for landscaping and façade improvement could go back throughout the MIRA area.  Mr. Lugar advised that is his understanding. 

 

County Manager Peggy Busacca clarified there are certain standards within the Zoning Code that are only effective within the MIRA designation such as additional height standards; and if the Board chooses to expand the MIRA district, then those standards could automatically be utilized within the area.  Mr. Lugar yielded to the County Attorney.  County Attorney Scott Knox advised the Ordinance applies within the Merritt Island Redevelopment District, so it applies no matter where the boundaries are.  Chair Voltz inquired if the Board can leave out the second part of it.  Commissioner Pritchard stated it is not going to happen; and the intent is to leverage the money that would be available for landscaping and façade improvements.  Ms. Busacca inquired if that would require a change to the Zoning Code to specifically designate which area the additional height, etc. could be utilized; with Mr. Knox responding yes, if they are trying to further restrict it.  Ms. Busacca stated if that is the Board’s intent, permission should be granted to staff to amend the Zoning Code to specifically limit the area in which those standards are going to be utilized; and that would come back to the Board probably no earlier than August.  She stated she does not know if the Board also wants to say something about what will happen if a site plan, zoning, or some other land development request comes in prior to that time; it was clearly the Board’s intent that not be utilized; and the Board will have to do more than announce it today because it is not in the Zoning Code.  Chair Voltz stated the Board will have to make a motion today specifically what it wants or does not want in the expanded area.       

 

Commissioner Pritchard inquired if it could be worded to the effect that current Zoning regulations in the additional area would be the same as they were prior to its inclusion in MIRA.  Commissioner Scarborough suggested it be included in the motion.  Commissioner Pritchard advised the intent was for façade, landscaping, and the septic, and to leverage the money from FDOT, but additional height or density were never part of this consideration.    

 

Discussion ensued on the Zoning Code, wording of the motion, rezonings, height restrictions, and including language in the motion to deal with the issue.      

 

Sandra Natowich, Vice Chair of MIRA, advised of the history of the issue, areas of slum and blight in the County, and being the County’s only redevelopment agency.  She stated a slum and blight study has been done, which proves the need; and advised of the success of the Commercial Façade Improvement Program, phone calls from people not within the RDA who wanted to apply for grants, desire to provide opportunities to those in other areas, and necessity of getting people off septic tanks.  She stated they have proven the façade improvement program works; there are people who want it; eight people are in the process of finishing up grants; and there are people who want multiple grants.  She stated if the RDA is spread as far as Lucas Road and they partner with FDOT for the large central landscaping project, it will be a rebirth of the area.  She stated their job is to give taxpayer dollars back in a way that has longevity and usefulness. 

 

Chair Voltz inquired who did the blight study; with Ms. Natowich responding Doug Robertson.       

 

Mr. Knox advised another way to handle this if the Board moves to expand the boundaries for specific purposes that have been identified is to authorize staff to modify the Zoning Code to make sure it does not apply in that area. 

 

Clerk of Courts Scott Ellis stated he is present to speak against expanding MIRA; advised of a letter written last year on the cost of redevelopment districts; and read aloud from an article concerning the consequences of CRA’s.  He stated CRA’s never go away; he does not see a lot of blight on S.R. 520, but the CRA will be there another seven years; and inquired what is left to develop.  He stated they are an incremental tax base that builds; continued expansion of CRA’s will continue to impact the General Fund; and the CRA’s are independent boards looking for projects.  He commented on getting free money to fix one’s business; and stated everyone would love to have their property taxes from their home spent on upgrading their house and landscaping.  He stated all incremental revenues go back into the Merritt Island Redevelopment District; but all incremental revenues from people who own houses go into the County General Fund.  He stated if the County expands the District, it will have little say so as the cities expand the boundaries of their CRA’s to the entire extent of the city limits; and commented on expansion in Melbourne and setting up a CRA on Wickham Road because it is transportation blighted.  He stated this is a bad precedent; instead of expanding, they should be wrapping up the CRA’s; there have been three years of intense real estate development; and if they have not come out of a blighted area with all the recent real estate activity, they are not coming out of that blighted area.   

 

Commissioner Pritchard stated this is leveraging money for a greater return; and commented on the agency sunsetting in 2013; amount of money being discussed being minimal; commercial properties being taxed at much higher percentage than homesteaded property, which is protected by Save Our Homes; no intent to increase density or height; intent to improve appearances; and increases in property values not affecting people who still own their properties.  He stated while they have not realized any increase in valuation, they have realized increases in taxes over the last couple of years; and this is a way of getting a good return on investment for a minimal amount of money.

 

Commissioner Colon stated one of the concerns has been regarding how the dollars were spent; and advised of a workshop held recently with CRA’s from Cocoa, the City of Palm Bay, and Melbourne.  She commented on benefits to the community, leveraging of dollars, accountability of redevelopment agencies, ensuring that CRA’s are accomplishing what they are supposed to accomplish, and support of MIRA expansion.

 

Commissioner Scarborough stated there is a problem in doing things without looking at the big picture; and Mark Ryan, who is working as Titusville’s Economic Director, said that downtown Titusville has a CRA, but there are other areas that have needs as well.  He commented on  MIRA as a legal, social, and political entity; and expansion of the District.  He stated it would be inappropriate to beat up on MIRA because it has done some good things; he is glad Commissioner Colon brought up her concerns; and he can support this.  He stated he understands Commissioner Pritchard’s motion will be in line with what Mr. Knox is saying; and recommended looking at the big picture because the Board represents everyone in the County. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt an Ordinance of the Brevard County Board of County Commissioners, Brevard County, Florida, relating to the Merritt Island Redevelopment Agency Community Redevelopment Area; making findings of blight and necessity; amending the Merritt Island Redevelopment Agency Redevelopment Plan; amending boundaries of the Community Redevelopment Area; amending and providing a legal description of the additional area to be included within the Community Development Area; providing for severability and interpretation; and providing an effective date; and adopt a Resolution amending the boundaries of the Merritt Island Redevelopment District Community Development Area, with the limitations suggested by the County Attorney. 

 

 

Mr. Lugar stated the limitations are the façade program, the landscaping program, and the sewer improvements. 

 

Chair Voltz stated they are not looking at drainage issues; with Commissioner Pritchard responding there is also nothing to do with height or density.  Commissioner Pritchard stated the current zoning in the expansion area will remain; and they are not looking to change.  Chair Voltz stated the fact that it is only going to be for another seven years is good. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to recess as the Board of County Commissioners and convene as the Governing Body of the Barefoot Bay Water and Sewer District.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt a Resolution authorizing the Utility Services Director to make commitments for Barefoot Bay Water and Sewer District on operation of Snug Harbor Utility System.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to adjourn as the Governing Body of the Barefoot Bay Water and Sewer District and reconvening as the Board of County Commissioners.  Motion carried and ordered unanimously.      

 

 

 

Commissioner Pritchard stated most liens are already capped for violations that concern real property to 35% of the assessed value of the subject property; frequently there will be a fine of $8,000 to $10,000, but it is mitigated down to $3,500 or less; and advised on the item before the Board the fine had accrued to $14,000, but is reduced to $5,000.  He stated he does not want to hamstring the Special Magistrate; but there are times when he does not get background information and questions why the fines are reduced substantially.  He stated the Board discussed limiting the amount of reduction; but he has not seen another recommendation on this item.  Assistant County Attorney Terri Jones advised the Special Magistrate has been going on past experience; in one case before the Board, the violator died and left the property as the only asset to his minor children, so the question was whether the Board wanted to show mercy to innocent children.  She commented on the purpose of a Special Magistrate.  Commissioner Pritchard inquired about the reduction factor worksheet and whether it is applicable and used when the Special Magistrate makes his decision on reducing the fine.  Attorney Jones advised the Special Magistrate goes through the factors; and she included the worksheet so the Board would see the process.  Commissioner Pritchard stated he would like to see the worksheet whenever there is a request to reduce the fine. 

 

Commissioner Scarborough stated one individual got so upset with the lot next door that he bought it and cleaned it up; but the lot had a fine on it.  He stated if he was Special Magistrate, he would look to see if the end result cleaned up the property; and commented on different situations. 

 

Commissioner Colon suggested when there is a citizen request, staff should ask more questions to target which Department is involved.  Chair Voltz stated that is always an issue; and it is hard to get a briefing.  County Manager Peggy Busacca stated she gets a staff report when staff knows what the issues are; but in the future they will delve into issues a little more.  Commissioner Pritchard requested the reduction factor worksheet be included in the package.   

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to direct staff to provide additional information including the reduction factor worksheet with any Special Magistrate recommendation for reduction of Code Enforcement liens.  Motion carried and ordered unanimously.    

 

 

 

Commissioner Scarborough stated last time the Board took $300,000 from the Tax Collector; and additional funds are needed. 

 

County Manager Peggy Busacca stated in the mid-year package there is currently $825,000 that staff is proposing for fuel reserves; and staff would like to reduce that by $76,000 for health care and indigent maternity services, which would leave $750,000 to operating reserves for fuel.  She stated the Board can take the additional $50,000 for the air quality study out of that allocation, which would still leave approximately $700,000 for operating reserves for fuel; and the balance of $485,000 would be part of the FY 2006-07 budget.

 

Chair Voltz inquired if the money for fuel costs is for up to October 1, 2006; with Ms. Busacca responding yes.  Chair Voltz inquired if that will be enough money; with Ms. Busacca responding they hope so; it is the largest fuel reserve they have had in a number of years; but if there is a hurricane or a substantial fuel price increase, they do not know.

 

Budget Director Dennis Rogero advised of omission of an item from the narrative; with Commissioner Scarborough advising that is part of another item.     

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to approve Scope of Services for a 12-month study of air emissions and health impacts in the Port St. John area at a cost of $835,000, which includes estimated cost to participate in subsequent litigation if appropriate, and negotiations with Florida Department of Environmental Protection to solicit participation in the emissions study, with $50,000 in additional funds to come from Operating Reserves for Fuel.  Motion carried and ordered unanimously. 

 

 

 

Budget Director Dennis Rogero stated the Board recognized a substantial portion of the General Fund Balance Forward in February 2006; but approximately $114,000 needs to be returned to Housing and Human Services under the Title IV.E grant.  County Manager Peggy Busacca advised the numbers are correct, but there was that omission from the narrative; and in addition there are two other items she would like to take from fuel reserves for a total of $76,500.  She stated the first is $17,500 to assist with maternity services for low income, high risk maternity clients; and the second is $59,000 by a State-mandated health care responsibility act program.  She stated there was a 39-day stay by one patient in Shands Hospital in Gainesville; and if the Board does not allocate that, Housing and Human Services will be forced to cut assistance for food, rent, and utilities for the indigent.  She advised there will still be a $700,000 reserve for fuel remaining. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt Resolution and Budget Changes for Second Quarter Supplemental Budget for FY 2005-06, with the amendments outlined by the County Manager.  Motion carried and ordered unanimously. 

 

    

 

Clerk of Courts Scott Ellis stated this item is the EEL’s building at slightly over a million dollars; the analysis is not correct; looking at lease versus buy, there is a net loss of taxes; and if the Board is going to use the summation of rents, it has to do a present value discount on it because it is being compared to a flat fee.  He stated the comparison is somewhat skewed; and it would probably be more in the range of $1.1 million to $2 million.  He noted at the last meeting the Board discussed buying the Eckler Building for the Sheriff’s Department; and commented on the size of the building and the plan to move Sheriff’s Personnel from Parkway to the Eckler Building and personnel from Building 4 to Parkway, which would open approximately 10,000 to 15,000 square feet in Building 4.  He stated if space is needed for EEL’s, there will be plenty of space in Mod 4 in Titusville; his office occupies part of that building; he paid the County to upgrade the space, and his personnel has been there for approximately two years; and it works well for them.  He stated he does not know what is going to happen with the Eckler building, but the Board may be prematurely trying to buy this.    

 

Commissioner Scarborough inquired what is Mod 4; with Mr. Ellis responding it is the modular building in Titusville that the Sheriff is currently in; and outlined the plan to move Sheriff’s personnel to the Eckler building and to Parkway. 

 

Discussion ensued on the Sheriff’s plan to move the North Precinct into the Parkway facility, use of Mod 4, plans contingent on the Sheriff’s purchase of the Eckler building, making the Eckler decision before buying the EEL’s building, moving the modulars, rehab of part of Mod 4, and ending up with vacant space after the County spends money to buy space.  

 

Commissioner Colon requested staff find out who owns the modulars; with Assistant County Manager Stockton Whitten responding they are the Board’s facilities; one was purchased in 1988, which is pretty old; and they would have to evaluate the further use of that.  He stated Mr. Ellis would also look to going into the Eckler building and vacating some of his modulars; so they are really just talking about the one modular building that the North Precinct is in; and that is close to twenty years old, so he does not know about the viability of continuing to use or move that structure. 

 

Amy Tidd stated she is present in support of the EEL’s Program; this item has been before the Board several times; and recommended moving forward today.  She stated 70% of the people said they wanted more money for more purchases and they want land preserved; but since the vote, the opposition to the referendum has come up for every single EEL item and things are being stopped.  She stated the Program needs to be implemented; one can kill a program by stopping it at the referendum or stopping implementation; and she is concerned that implementation of the projects are being slowed.  She stated they are running out of time; extra people have been hired to manage the Endangered Lands Program; and if the building is purchased, they can move forward.  She expressed support for the program and concern for what is happening at the meetings. 

 

Commissioner Colon noted at the last meeting, supporters of the EEL’s Program were questioning this decision; Commissioner Scarborough also had concerns; and commented on the discussion at the previous meeting.

 

 

 

Commissioner Carlson inquired if looking for the property is interfering with the EEL’s process at all; with EEL’s Program Manager Mike Knight responding no, but with the added staff, they had to reconfigure the lease space; they have exceeded all available storage space in the building; and they have limited parking.  Mr. Knight explained the difficulties with tractors and equipment sitting out in the sun and rain.  Commissioner Carlson inquired if the management process has slowed down any; with Mr. Knight responding no.  Commissioner Carlson stated a lot of people who voted for the referendum want to make sure that is not the case, although there are space problems and issues like that.

 

Chair Voltz inquired why staff is looking at this particular site; with Mr. Knight responding they identified the centralized region; and the two issues being considered are staffing and office space, and management.  He commented on need for centralized equipment storage to avoid transport or duplication of heavy equipment; and identification of a facility in the region between Eau Gallie Boulevard and Rockledge, near I-95. 

 

Commissioner Pritchard inquired about the Thousand Islands; with Mr. Knight responding the Selection and Management Committee will be hearing a formal update on May 25, 2006 and they will be discussing with the County Manager and staff on how to best proceed.  Commissioner Pritchard stated one of the parties is interested and the other is motivated; with Mr. Knight advising they are a little further along with one than the other.  Commissioner Pritchard stated he just wants the public to know this is moving forward.  He advised looking at the ten-year analysis, the bottom line is the County will come out way ahead owning rather than leasing. 

 

Commissioner Carlson inquired if the motion is to negotiate a purchase, and not for any sort of lease agreement; with Mr. Knight responding affirmatively. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize staff to extend an offer of $1,150,000 and negotiate a Contract for Sale and Purchase with R&T Real Estate, LLC for a 1.17-acre parcel at 3970 Dow Road in the Industrial Plaza Subdivision between Wickham Road and John Rodes Boulevard.  Motion carried and ordered unanimously. 

 

         

 

Robert Jordan, Chairman of the Brevard County School Board, stated there has been a lot in the newspaper about Odyssey Charter School; this is not about the School Board not liking charter schools; and there are 12 charter schools in the County.  He invited everyone to view videos of the School Board meetings where they discussed the Interlocal Agreement with the County, which has a process for distribution of the funds; and advised that process was not followed.  He stated the Interlocal Agreement says it has to substantially support the District; they separated the impact fees into four different districts; and the south area will be area one.  He stated the School Board has to take care of all children; the impact fees are for the impact on the area, not on a specific subdivision; when money is given to a subdivision, it does not allow him to do his job; and the Brevard County schools are to educate all of the children.  He stated the process was not allowed to go forward; the School Board does not want to sue the
County; and when the Board voted to give $2.2 million to one school for 35 children who came from the Bayside District, it did not allow the School Board to do what it was supposed to do, which was to mitigate student stations for all of the area.  Mr. Jordan requested the Board consider what the School Board has come up with as a compromise and go forward from there; and commented on working together. 

 

Commissioner Colon stated the School Board is doing its best to keep some of the dollars; but at the same time the Board also felt it was able to take action and feel comfortable.  She stated the newspaper keeps talking about 35 children, which is not the correct amount; hundreds of kids attend Odyssey Charter School; and the School Board and the Board of County Commissioners need to be respectful of each other and agree to disagree.  She stated the goal is to give the children the best education; and reiterated there are not 35 children but hundreds of children, coming from everywhere who would have impacted other schools.  She stated one of the arguments is that the folks built their own facilities; it would have cost the School Board millions of dollars to build the school; there is a school coming to the south end that is much needed; but the growth has been so incredible that everyone is trying to catch up.  She commented on the City of Palm Bay and schools, trying to alleviate the problems, working together, and not being adversarial.  She stated everyone is trying to protect their dollars; and commented on litigation, the School Board caring about children, the media putting the School Board against the Board of County Commissioners, sharing the wealth, and maintaining a spirit of cooperation.

 

Mr. Jordan stated they are using 35 because those are the 35 kids that came from Bayside Lakes; and advised of the process that has been put in place to come up with a draft of a facility plan for an area, come together with a committee, and develop a plan on how to use the impact fee dollars.  He stated they were not allowed to do that; it was supposed to come to the School Board because it has to plan for schools; and there is an impact not only at Bayside Lakes, but for all the area.  He stated they used the 35 from Bayside Lakes because that was the focus; they used $4,400 for each student station; but the school was already built.  He commented on mitigating an impact after the fact, starting a precedent, and impact fees to be given prior to building a structure so the funds can be used for the construction.  He stated he understands and respects what the Board was doing; but the School Board had a contractual agreement with the Commission to do a process and it was not followed.  He stated if they are going to have an Interlocal Agreement, they should follow it; and commented on the charter school being a public school.  He stated in looking at where schools are needed the School Board looks at the whole area, not one subdivision.

 

Chair Voltz stated there have not been schools in Palm Bay for a long time, so the south end of the County has been hampered by lack of schools.  She stated that is why municipal and charter schools have come to be.  Mr. Jordan stated he accepts that; but when it comes to getting money, it takes time.  He stated they have plans in place; they will be building a high school soon in Palm Bay; but they have to plan for it and mitigate some of the money by saying the impact fees are going to be there.  He commented on the Board of County Commissioners arbitrarily deciding to give money to a charter school; with Chair Voltz advising the decision was not arbitrary.  Mr. Jordan stated he is not judging; but recommended things be kept on the straight and narrow so all children can be served.  He stated they had an Interlocal Agreement, and one party did not follow it; and recommended fixing it by using the compromise and going forward. 

 

Commissioner Colon stated she is confused about the meetings that have been taking place; she has heard the School Board wants to have discussions with the County; but all the facts are not being presented when any party is excluded.  She stated she understands about opening a Pandora’s box because it is not just this one charter school; once they do something for Odyssey, they will have to do it for everybody else; but they are getting legal advice that is comfortable with this.  She stated even when they talked to the State Representative, he felt the intent was also what the County was doing, so the Board is getting advice from everywhere saying it is right on track.  She stated the other side is the common sense part; charter schools are popping up everywhere; and they need to come up with a formula to try to help because the charter schools are alleviating the problem with schools that are bursting at the seams; and commented on the private sector coming to the rescue with millions of dollars for charter schools, encouraging such activity, schools not having kitchens or libraries, and doing what is fair.  She stated if there is a school that can accommodate hundreds of kids and is showing a good track record in regards to education, they need to come up with a fair compromise; and inquired why should a charter school not have a kitchen just because they could not afford it with the dollars that originally built the school.  She stated they did not go to the School Board and ask for the dollars; it is complicated; but hopefully they will figure it out.      

 

Mr. Jordan stated this is about children; the bottom line is making sure that kids are successful in their subsequent life; and they have to do that by educating them.  He commented on respecting parents who decide to send their children someplace else; and advised they are given the option of going to a charter school, a millennium school, or somewhere else.  He stated the School Board is very open to different ways for kids to be educated; but there was an agreement; and requested they work together to do the right thing.  He stated when the Board gives $2.2 million to one entity, it does not allow the School Board to do its job; and they just want to fix that and go forward. 

 

Chair Voltz stated there was an article in the newspaper after the Board approved the $2.2 million saying the School Board rejected what the Board had done; she requested the Board and the School Board get together; but that meeting never happened.  She stated when another entity refuses to meet, that does not sit well with her.  Mr. Jordan stated the meeting that was being set up had more people involved than should have been involved in his opinion; the spirit was to get the School Board administration and the Commission administration together with no outside entities, and to talk about what would be fair in this case.  Chair Voltz stated the Board was just asking to include the person who wrote the bill and his Aide to be involved.  Mr. Jordan stated it is not the spirit of the bill, but what the bill actually says that they have to go with; at the time there was an Interlocal Agreement to which both parties agreed that was based on the bill; and it was not followed.  He stated he does not want to dwell on that because it is not helping; and they need to go forward and do what is right for the kids.  Chair Voltz stated the letter from Dr. DiPatri said that he concurred with the goal but believed strongly that the meeting should  only include School Board staff and Commission staff and not include Commissioners, Board members, Legislators, or representatives of Odyssey Charter School; and inquired since it deals with Odyssey Charter School, why would it not be involved.   

 

Discussion ensued on the meeting that was not held, the Interlocal Agreement, compromise, and not going to litigation. 

 

 

Commissioner Colon stated there were a lot of allegations at the Board meeting about deadlines that were not met and paperwork that was not submitted; and there was no way the third party could be excluded from the discussion because the County Attorney would not have been able to provide that data or the right figures.  She stated that was where the problem started; the Board was willing to get all parties together; and it was crucial to bring everyone to the table.  She commented on data being crucial to the discussion, going to court, and wasting five months because the meeting was not held.  She stated Odyssey Charter School should have been at the table so all the facts could come out; and that is when things became adversarial. 

 

Mr. Jordan stated it was not about that charter school; it was about the process and the Contract that were not followed; and commented on how the meeting should have been structured.  He apologized if the Board felt the School Board was trying to slight anyone; and stated the School Board wants Odyssey Charter School to succeed. 

 

Chair Voltz stated they were only talking about Odyssey at the time, not all the other schools; it was a specific item; and that was all the Board wanted to talk about.  She stated the Board’s concern is not how schools are built, when schools are built, or who gets what money because that is up to the School Board; but the Board’s concern is how it distributes educational impact fees. 

 

Mr. Jordan stated it is up to the Board, but there is an Interlocal Agreement that says they will work together on this because the School Board knows how to build schools best.  He commented on Brevard County being an excellent district, working as a family, continuing to focus on being number one, and following the process.

 

K. K. Heasley teacher at Odyssey Charter School, commented on the needs of Odyssey Charter School, entitlement to consideration for impact fees, reporting to the School Board as a public school, and impact fees as responsibility of the Board of County Commissioners.

 

Lauren Ablondi, Administrator at Odyssey Charter School, commented on documents related to impact fees, overcrowding of public schools, number of students attending Odyssey, cost per student, needs of all students, discrimination against Odyssey Charter School, and request for funding. 

 

Lawrence Maxwell, President of Space Coast Architects, commented on his involvement with the design of the school, budget for the school, discussions with Bayside Lakes, design of the school, SREF review, environmental design, and meeting requirements of the State. 

 

Commissioner Carlson stated the motion in January was conditioned on meeting SREF standards; and has the school met those standards.  Mr. Maxwell responded there are some minor issues to meet the final requirements of SREF; and with the additional funding, they can easily meet those.  He commented on the requirements. 

 

Chair Voltz stated Johnson Middle School got $1.7 million for classrooms; and that has not met any standards yet because it has not been built. 

 

Discussion ensued on SREF standards and Johnson Middle School. 

 

Mr. Maxwell advised to meet the standards, they will need to address minor things such as the door of the restroom at the Administrative Faculty Area; and commented on meeting Wind Codes and installing storm shutters.      

 

Chair Voltz commented on funding provided to Elementary School T, which has not been built yet. 

 

Commissioner Colon stated there is a double standard in terms of funding; the shutters for the schools were done in partnership with the Board of County Commissioners; and commented on the School Board’s comment concerning acceptance of the school.  Mr. Maxwell advised of safety factors of the school. 

 

Shane Murray, parent of a student at Odyssey Charter School, commented on choosing to send his son to the school, comparing American schools to those of other countries, decentralization, and commitment of $2.2 million to Odyssey Charter School.

 

Constance Ortiz, Founding Director of Odyssey Charter School, commented on bringing the school up to SREF standards, healthy kitchen, educational impact fees, District formulas, mitigating population growth, waiting list for the school, refusal of School Board to meet, and Odyssey excluded from School Board planning.  She stated they are requesting costs incurred after July 20, 2005, which is the date of adoption of the Ordinance; the facility is not complete yet; and advised of the elements of a student station.   

 

Bob Williams, parent of student at Odyssey Charter School, commented on his service on the Planning and Zoning Board of Palm Bay, School Board’s opposition to multifamily housing, plans for schools in South Brevard, Odyssey being built with no public funds, meeting with School Board, and following State law.

 

Thad Altman stated he has stayed out of the issue of apportionment of impact fees because it is a policy decision to be resolved between the County Commission and the School Board; and given the opportunity for dialogue, there will be an amicable resolution.  He commented on the conflict resolution process, why the law came into effect, opportunity of the County to be the first in the State to implement the law, and number of parents choosing to send their children to charter schools.  He advised the School Board grants the charters to allow the schools to operate; they are given a substantial amount of flexibility to operate; and commented on innovative things the schools can do that the public system cannot do unless a school of choice is formed.  He advised of the history of the charter school movement, crisis in lack of proper facilities, charter schools not receiving any of the discretionary two-mill levy for capital improvements, $24 million in funding for all charter schools in the State, and using the money provided for teaching to try to provide facilities at the same time.  He commented on the Florida Legislature providing charter schools with an opportunity to receive impact fees, school concurrency, class size constitutional amendment, policy issue, and Florida being first state to do this.  He stated he is hopeful that the School Board and the County can come together with an innovative idea; Odyssey Charter School is a remarkable facility; it is probably the most energy efficient school in the State; and it is the only charter school that can come close to meeting SREF standards so there should be no fear of setting any sort of precedent.  He stated if another charter school came to the Board or to the School Board saying it could meet SREF
standards and become a hurricane shelter if it had a little money, he would encourage the Board and the School Board to work together to try to come up with some innovative ideas.  Mr. Altman commented on the charter school being a public school, providing facilities and educational experience to children, and leveraging the process to help children in more traditional schools.     

 

Irv Rashkover, Principal of Odyssey Charter School, commented on the Board coming up with more than $2 million that matches the formulas presented and this being new ground.  He stated $2 million, $3 million, and $1,350,000 have been given to schools that are being dreamed about or for land; the $1,350,000 was for an eight-classroom addition at a middle school; there are 22 children per classroom in accordance with the Class Size Reduction Act; and that certainly is not $4,000 per child.  He stated he keeps hearing things such as equality and “all children”, except for Odyssey where “all children” are 35 children who live in special houses; and he is confused because they are told they cannot limit enrollment to students from a specific area so they open their doors and have children from as far as nine miles away; however they are then paid for just 35 kids and the rest just come.  He advised of the capacity of the school and current student population; and inquired if the students did not go to Odyssey, where would they go.  He commented on the Class Size Reduction Act, schools in difficulty, new housing versus existing housing, and construction occurring all over the place resulting in children coming to Odyssey school.  He stated since the Board’s vote he has gone through several movies, the first being Alice in Wonderland, where the people most closely involved are not given a say in the matter; and commented on articles that have been in the newspaper concerning free public education in schools serving K-12, Odyssey being an ele-middle school, and no tuition charged at Odyssey.  He stated Odyssey is a free public school that serves 520 students who deserve to have impact fees; the Board’s decision was an excellent one; he has been going through Alice in Wonderland for the last three or four months, but now is finally reaching 2005, A Space Odyssey, and he hopes the Board maintains its position.  He stated if there is to be mitigation between the parties, he hopes Odyssey will be part of it so it is not a one-sided issue; and he hopes in the near future the kids at Odyssey have a place to eat healthy meals, read great books, and get a great education. 

 

Chair Voltz stated the School District listed issues; the first is Odyssey does not qualify for impact fees under Florida law; and inquired if that were true, why would the School Board agree to give any award whatsoever.  She stated it says Odyssey does not qualify for educational impact fees under Ordinance or the County-School Board Interlocal Agreement; and advised it has already been addressed that the school does qualify.  She stated it says the County Impact Fee Ordinance was enacted to provide the School Board with a source of funds for school construction to mitigate growth impacts; and read a quote from Senator Alex Diaz de la Portilla, “Impact fees are not an entitlement for school districts.  This takes the impact fee and sends it where it should be and where it is needed.”  She stated the fourth is that the School Board has not received any educational impact fees to date, while over $2 million has been designated for Odyssey; and advised the School Board got $8.6 million on March 16, 2006, and not a single dollar has been sent to Odyssey to date.  She stated it says Odyssey is not built to SREF standards; but SREF standards are a condition of the award, and the School Board is allocating money to Elementary School T, which has not been built.  She noted SREF standards are conditions of the final product, not a prerequisite to initial award.  She stated it says Odyssey and the developer of Bayside Lakes entered into an agreement reserving student stations for
Bayside Lakes residents which makes Odyssey ineligible for impact fees under the law; and advised it has not reserved stations, and the agreement referred to is unenforceable, was not final, nor formal, and was not initiated, so it is a moot point.  She stated it says Odyssey serves only grades K-8 and an impact fee is supposed to offset impact for grades K-12; and it is irrelevant as the same standard is not applied to School Board’s practices as elementary and middle schools have already been designated for impact fee awards, and charter schools are defined by Florida Statute as public schools.  She stated the eighth is that the County’s action to designate impact fees without School Board input violates the new growth management and concurrency legislation while limiting the School Board’s ability to plan; that has already been addressed; and it is not accurate. 

 

County Attorney Scott Knox stated the Agenda item was brought up because the School Board sent the proposal, which has been included in the Agenda package; a resolution initiating conflict resolution procedure has not been done yet; and there is still an opportunity to resolve the issue before that is done.  He requested the Board provide direction to staff. 

 

Chair Voltz stated the $107,000 under the School Board formula is a slap in the face to Odyssey; it is out of line; the school should be receiving much more than that; and requested Planner Steve Swanke address the issue.  Steve Swanke stated he looked at some of the information provided by the School Board on Bayside Lakes; Bayside Lakes is a development that when built out will have 2,346 lots; using the student generation rates from the school impact fee study, the student population would be between 773 and 821 students; using the distribution from the school impact fee study to assign those students to elementary, middle, and high schools, he came up with a figure between 504 and 536 students in the elementary and middle school categories, so he sees the student stations provided by Odyssey as fully mitigating for the impacts of elementary and middle schools that result from Bayside Lakes.  He stated they do that by accepting students who reside in Bayside Lakes and by accepting students who do not reside in Bayside Lakes, which creates opportunities in School Board-operated facilities for students in Bayside Lakes to attend.  He stated based on the figures used in the study the amount of impact fee for a single-family home that would be represented by the cost of providing elementary and middle school student stations would be $2,689.49, with $1,755.93 to mitigate for high school impacts; and one way the Board  might want to look at allocating school impact fees that will be generated by Bayside Lakes development is to split those between the School Board and Odyssey Charter School, based on the School Board providing the full high school impacts and Odyssey mitigating for the elementary and middle school impacts.  

 

Chair Voltz inquired what would those figures be; with Mr. Swanke responding for the elementary school it would be $2,087.42; for a middle school it would be $602.05, and for the high school, $1755.93.  Chair Voltz inquired for how many students; with Mr. Swanke responding based on 520 students, the award to Odyssey would be $1,398,524.40.  Chair Voltz inquired if Odyssey would split that with the School Board; with Mr. Swanke responding no, that would be the school’s award and the School Board would receive $913,083.60, assuming all the fees are paid for single-family homes, but it could vary a little as there are some townhomes mentioned in the development plan.  Chair Voltz inquired about the issue of it being a lottery to get into Odyssey; with Mr. Swanke responding it has no bearing on the fact that Odyssey creates space in School Board-operated facilities for students from Bayside Lakes, so every
student station the school has serves as mitigation in some respect.  Chair Voltz inquired where do they go from here.  Mr. Knox advised there are several options; the Board can award the full amount, as it originally did; it can go with the School Board option of $108,000; or it can do something in between. 

 

Commissioner Colon stated the equation is based just on what is going on in Bayside Subdivision.  Commissioner Carlson stated it is future mitigation because it is not built yet.  Commissioner Colon commented on the School Board owing the school more money, the area around the school, homes being built outside of the Bayside Subdivision, true numbers not being included, student-teacher ratios, number of schools that Palm Bay is behind, growth in Palm Bay, and School Board staff not wanting to work with developers.    

 

Commissioner Pritchard inquired how the formula was derived; with Mr. Swanke responding the amount was requested by Odyssey based on its estimate of completing its facility to SREF standards.  Commissioner Pritchard stated this is all about educating children, but it seems like a contest about who gets to give out what money at what time; and he agrees with Mr. Jordan that they need to be there for the children.  He commented on needing a facility, needing money, Odyssey filling a void by providing room for 510 students, Odyssey being entitled to the money because it filled the void, and other schools being expanded and being given money for student stations.  He stated he does not think this is a Bayside Lakes issue; Odyssey is within a nine-mile radius of students who have opted to attend; a lottery system has to be imposed; and inquired if so many more want to go to Odyssey why portables are not being installed there.  He stated Odyssey is part of the school system; it is a public school and should be given the same consideration as any public school is given; and commented on educating children versus power to distribute money.  He advised public schools rely completely on taxpayers; but Odyssey came up with a million dollars in private contributions; and anytime someone steps up to the plate with a million dollars and all they are asking for is what they feel they are entitled to based on other contributions that have been approved for other schools, then the Board and the School Board are missing the point by arguing about who has the power to distribute the funds.  He stated Odyssey is entitled to the money. 

 

Commissioner Scarborough stated Mr. Bistline’s letter to the School Board references Chapter 164, F.S.; and inquired are they not under Chapter 164.  Mr. Knox advised the resolution that was sent over was not adopted.  Commissioner Scarborough stated he assumes the Board is not going to be accepting the School Board’s proposed resolution.  Mr. Knox stated he met with Mr. Bistline and Dr. DiPatri; his impression is that the real concern the School Board has over this issue is because it would like to be able to plan in the future whether it is going to get any of the impact fee money, and if so, how much, when, and under what circumstances; and the School Board has tried to come up with a formula that would allow certain impact fees to be distributed.  He advised the Board is free to come up with its own formula; and inquired if the Board wants to make the impact fees available for the School Board, and if so when and under what circumstances does the School Board get the fees and when will charter schools get them.  Commissioner Scarborough commented on Chapter 164 and the process; and inquired if the School Board will be discussing Chapter 164 this evening.  School Board Attorney Harold Bistline responded the School Board does not meet tonight.  Commissioner Scarborough stated the School Board is talking about the big picture of planning and impact fees; the Board is talking about the particular situation with Odyssey Charter School; and they need to resolve
both, but it does not look like a resolution is gong to be forthcoming at this meeting.  Commissioner Scarborough inquired what will Mr. Bistline be recommending to the School Board.  Mr. Bistline advised if a resolution is not forthcoming tonight, he would recommend to the School Board that it initiate the dispute resolution proceeding prior to initiating litigation.

 

Commissioner Carlson commented on the School Board’s failure to initiate conversation with charter schools, need for discussion on how the policy setting bodies will treat charter schools, Odyssey being a high caliber school, taking advantage of charter schools to mitigate the overcrowding problem, committing charter schools to failure, seeing how quality charter schools can fit into the facilities plan in the future, and financial oversight of charter schools.  She stated she sees this going forward as both sides agreeing to disagree; and the next step is to have conflict resolution, which she hopes will be productive. 

 

Commissioner Colon commented on the issue not just being about one charter school, people not being willing to work with developers, encouraging partnerships, and holding two kinds of meetings.  She stated she is encouraging one meeting to discuss Odyssey Charter School in particular and then another one to get ahead of the ball because growth is coming; and commented on growth in South Brevard, annexation, and the County having no jurisdiction over annexed areas.  She stated this is not just about Odyssey; everyone needs to think outside the box because more are coming; and they should encourage that.  She stated she is happy Mr. Jordan, Ms. Kneessy, and Mr. Bistline were here to be part of this discussion. 

 

Chair Voltz stated six to eight months ago, she had a meeting with Representative Altman, her Aide Tres Holton, then School Board Chairman Larry Hughes, and Dr. DiPatri concerning Odyssey Charter School; Dr. DiPatri advised all the money they had looked at for impact fees, they were already spending somewhere in the five-year capital plan, which did not include Odyssey; and that bothered her.

 

Commissioner Carlson stated the School Board is already including the stations that Odyssey provides in its facilities plan, so it does not make any sense not to give the existing school impact fees and work with it to grow the school more to compensate for future impact. 

 

Chair Voltz commented on the efforts of Odyssey to raise money, build the school, and save the School Board millions of dollars; and stated for the School Board to say Odyssey cannot have the $2 million does not make sense.  She inquired what would the Board like to do; and inquired if the Board needs to take action.  Mr. Knox advised a proposal has been set forth to the Board; it can take no action and just let the chips fall where they may or it can try to resolve it tonight. 

 

Commissioner Scarborough stated there is not going to be a motion that will pass to accept the offer; anything short of that, there will be discussion; and he would like to make a motion that while the conflict is going to continue, both sides are present to solve the problems and want to proceed in that vein. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to express desire for the School Board and the Board of County Commissioners to work together in a spirit of cooperation to solve the problems and proceed in that vein. 

 

 

Commissioner Pritchard stated since Mr. Bistline is going to recommend entering into conflict resolution, Option 1 says to designate persons to attend conflict assessment meeting and provide conflict assessment delegation.  Commissioner Scarborough stated he does not have a problem with that, and will include it in the motion. 

 

Chair Voltz inquired who is going to designate.  Commissioner Colon stated they can try one more time to bring all parties together.  Chair Voltz stated they need to bring together Odyssey Charter School, the School Board, the County Manager, the County Attorney, Mr. Swanke, and anybody else who is involved. 

 

Commissioner Pritchard stated if Brevard County is going to become poster child in this State as to how this might be best handled, then Representative Altman and others that were involved in the development of the legislation should attend the meeting; and commented on intent of legislation versus what is written. 

 

Chair Voltz stated the Charter School Commission is having a meeting in June to discuss this issue; and that will be an important part of this.  She suggested waiting until after that meeting takes place to have the other meeting.  County Manager Peggy Busacca advised of the time frame if the School Board decides to move forward in the process; stated the Board is not meeting again until July; and suggested the Board provide direction in terms of waiving the time frame.  Mr. Knox stated if the dispute resolution process is invoked, once the Board gets the certified copy of the Resolution invoking the process, it has 30 days to hold an assessment meeting, which involves the County Manager and Dr. DiPatri and other appropriate personnel.  He stated there is nothing that says that people from Odyssey or Representative Altman cannot attend that meeting; and the 30-day time limit may be waived if both parties agree.  Chair Voltz stated she would like to include in the motion that the time period be waived.

 

Discussion ensued on the time frame, working out an agreeable time frame, status quo remaining the same, following the Statute as to participants at the meeting, spirit of cooperation, and holding two meetings.

 

Mr. Bistline stated the Florida Statute is specific about who is required to attend the meeting on behalf of either party; the first meeting is a meeting of staff; and the County Manager, School Superintendent, County Attorney, and he should be there, as well as anyone else the Board feels should be in attendance on behalf of the Board.  He advised it is a public meeting, so anyone can attend, so Odyssey or Representative Altman may attend, but they will not be an official participant.  He stated after that meeting, if there is no resolution, the Board of County Commissioners and School Board must meet in a public meeting.  Mr. Knox stated that is correct; but both parties can agree to appoint a facilitator.  Chair Voltz stated Representative Altman can be asked to be a facilitator; with Mr. Bistline responding if both sides agree on that, he can be.  Ms. Busacca stated because this would be a public meeting, she can insure that representatives of Odyssey, the Legislative Delegation, and anyone else who is interested be notified of the meeting. 

 

Discussion ensued on City of Cocoa meeting, cooperation, maintaining the Statutory process,  and agreeing to have other participants.

 

Chair Voltz requested Mr. Bistline advise the School Board of the Board of County Commissioners’ desire to have others involved; with Mr. Bistline responding he can do that. 

 

Mr. Bistline advised the School Board will invoke the process at its meeting in May; the Board does not meet in June; and he will recommend waiving the timeline to allow the Board to meet in July and do all the things it needs to do.  He stated they will then have the first meeting and the timeline will pick up.  Mr. Knox advised that sounds right. 

 

Commissioner Pritchard inquired if the Statute limits who may attend; with Mr. Knox advising of the provisions of the Statute. 

 

Discussion ensued on provisions of the Statute, staff from both sides working together to iron out the problems, limiting participants, conflict assessment meeting between two governmental entities, desire to move forward, and making decisions.

 

Chair Voltz stated the Board does not want to go back to zero; the Board needs to make a decision; and if the School Board decides it does not want other parties to be at the meeting, the Board needs to decide to award the money and have the School Board sue or take whatever action it finds appropriate.

 

Mr. Rashkover stated he thought it was the Board’s right to determine the distribution of impact fees; and commented on the Interlocal Agreement, charter schools as a separate entity, and dissemination of money to charter schools.  He stated they have gone through two processes where agreement was made on the part of the Board for various degrees of money; and there needs to be a stipend issued to the school that is going into its second year with 520 students and without a cafeteria.  He explained how food is brought to Odyssey Charter School from Bayside High School; and commented on limitations on what can be served and when meals can be served, healthy school meals, and contributions of Bayside High School.  He stated if this issue goes to a meeting without Odyssey being represented, he does not see how it can come to fruition; and compared it to a boxing match with only one fighter.  He commented on having to wait when he was growing up for the big guys to finish using the one basketball court; and stated he almost has that same feeling now because the big guys are going to speak and they are not even going to be there to say anything. 

 

Chair Voltz stated she does not think any other public school in the County would be without a cafeteria; with Mr. Bistline advising there have been cases like that where meals have been sent from other schools.  Chair Voltz inquired if there are any now; with Mr. Bistline responding yes. 

 

Mr. Bistline stated to get this to closure the School Board will invoke the process, following what the Statute says; the Commission and the School Board will designate the staff members to attend; the School Board will waive the time frame so that the Commission can come back in July; it will be a public meeting; and people will be entitled to speak as reasonable.  He stated they will commit to having a mutually agreed upon facilitator; all that can be done prior to the July meeting; and the point is the parties in the Statute and in the dispute are the County and the School Board, not Odyssey Charter School.  He stated Odyssey is an interested party, but not one of the parties to the dispute resolution process; Odyssey can attend and he is sure they will be able to have a say; but the parties that have to resolve this are the County Commission and the School Board. 

 

Chair Voltz stated as Mr. Knox mentioned, the Board can say it would like certain people to be there, and if the School Board agrees, then there would be no problem; with Mr. Bistline responding that is correct.  Chair Voltz stated if the Board indicates who it wants to meet and lets the School Board know before the meeting, then everyone will know who will be at the meeting and how it will work out; and requested Mr. Bistline take that information to the School Board; with Mr. Bistline advising that is right as long as it is understood who the parties are.  Chair Voltz stated the Board knows who the parties are. 

 

Commissioner Colon inquired if the Board will have some kind of answer by the first meeting in July; with Mr. Knox responding what the Board will get by the first meeting in July will be something from the School Board indicating it has invoked the dispute resolution process; the Statute contemplates an 80 or 50-day process; and then possibly there could be mediation as part of the process, which may extend it even longer.  Mr. Knox advised there is nothing that stops the Board from moving ahead except for the fact that Mr. Bistline has represented that he would like things to stay status quo in order to get the exchange of agreements to have people there and extent deadlines; but if the Board does not want to do that, it can issue approval to Odyssey Charter School today.  He stated the only thing that would stop the Board would be if the School Board thought it was an emergency and filed suit immediately to try to get a judge to say the Board could not do that, so there is a whole gamut of possibilities.  Chair Voltz inquired how long will this take; with Mr. Knox responding probably three months.  Chair Voltz stated that is too much time.  Commissioner Pritchard inquired what the alternative is; with Chair Voltz responding to give the school the money. 

 

Commissioner Carlson stated she would like to go through the process; they probably would not be at this point if they had the meeting the Board wanted initially; and if the Board does not get something positive in July, then it should go forward with its own action.          

 

Chair Voltz stated that sounds good; that is what the Board will do; it is looking at July; and whatever the School Board decides, the Board is going to move forward.  She stated there is a motion on the floor to not do anything at this point and not accept the School Board’s offer.  Commissioner Scarborough stated the motion indicated the Board wanted to work the matter out with the School Board; and it was not that the Board was not going to do anything.  Chair Voltz stated the Board is not going to accept the School Board’s offer.  Commissioner Scarborough stated he wanted to couch it in the positive rather than the negative because it could deteriorate rapidly, which would not be to anyone’s benefit; and he wants to say the Board is hopeful that the parties can come together and resolve the matter. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to express hope that the Board of County Commissioners and the School Board will come together to resolve the issue involving educational impact fees to Odyssey Charter School. 

 

 

Commissioner Colon stated if this gets to the point where she has to vote, she will be taking her child out of Odyssey School, which is something she will regret but will do because she believes this issue is bigger than just Odyssey School.  She stated this is really about all the other schools that are coming; and that is why she is hoping they are all able to discuss this matter. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered; Commissioner Colon abstained. 

 

 

The meeting recessed at 6:42 p.m. and reconvened at 6:58 p.m.

 

 

Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive Section 62-3202(1) to allow Aquarina Parcel B to have access via an easement through the parking areas of Ocean Dunes Condominium and the Golf Clubhouse Parcels that does not meet County road standards; and Section 62-3206(d)(4)(a) to allow more than 60% of the required parking spaces to be off-site.  Motion carried and ordered; Commissioner Scarborough voted nay.

 

 

County Manager Peggy Busacca stated Maureen Rupe was present, but had to leave; and distributed Ms. Rupe’s list of concerns.  Chair Voltz provide Attorney Philip Nohrr with a copy of the list.

 

Commissioner Scarborough stated he is not going to support the item; and inquired if it can be tabled. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to table consideration of waiver of Sections 62-2883(d), 62-2956(1), and 62-2956(a)(3) for Riverwind Subdivision.  Motion carried and ordered unanimously. 

 

Commissioner Pritchard stated he finds it disingenuous that the person who had questions is gone.  Commissioner Scarborough noted it is 7:00 p.m. and Ms. Rupe did not leave until 30 minutes ago.  He stated there are some good questions that need to be explored; and it is best that he and Mr. Nohrr meet. 

 

 

 

Attorney Philip Nohrr stated they are seeking three waivers; described the subdivision; and if they get a waiver on the north cul-de-sac they will put in a six-foot wall so headlights do not cross over to the adjacent property, although there is currently no development on either side.  He stated on the south side there is a different situation; they will keep it back to 50 feet; but there are 95 feet of Melbourne-Tillman Drainage District, so there will be a total of 145 feet for buffer.  He stated they are asking that the private roads not be in a tract, but be easements to allow some flexibility; and commented on landscaping and keeping one-acre lots.  He stated the
third easement has to do with the 15-foot buffer; they would prefer to give an easement rather than make them tracts on the very rear lot lines; they will be deeded and deed restricted so they have to be left in the natural state; and that will provide the protection required under the Code, but not require them to deal with some of the setback issues.  He stated it will be a gated community; the lots will be a minimum of half-acres; and it will be a cleaner development.  He noted the engineer and principals are also present. 

 

Chair Voltz inquired about roads; with Mr. Nohrr providing information on roads. 

 

Motion by Commissioner Colon, seconded by Commissioner Scarborough, to deny waiver of Sections 62-2883(d), 62-2841(d)(11)(d), and 62-2956(a)(3) for Woodbridge Subdivision.

 

 

Commissioner Pritchard inquired where it will go from here; with County Manager Peggy Busacca responding the applicant can redesign it. 

 

Chair Voltz called for a vote on the motion to deny.  Motion carried and ordered unanimously.   

 

 

 

Transportation Engineering Director John Denninghoff stated the request is to authorize staff to advertise and appoint a selection committee to start the process to select a consultant to design the Palm Bay Parkway and Washingtonia Extension, which would be an extension to the Parkway, going north from Ellis Road, west of I-95, and eventually connecting to the Pineda Interchange and the southerly portion of Wickham and Lake Washington Roads or Wickham Road and Stadium Parkway.  He stated the Parkway portion of the project is funded sufficiently to cover the expenses of the design; however, Washingtonia has not received any funding, although he anticipates they will try to bring funding to it through a variety of means in the near future. 

 

Commissioner Pritchard commented on the importance of identifying a route.  Mr. Denninghoff stated there have been two or three efforts to do that; they have acquired some right-of-way for the corridor through cooperative efforts with developers; and staff has been looking at potential locations for the corridor, although nothing is committed to a report or anything of that sort.  He stated The Viera Company in an application to the County has attempted to identify a western corridor, which could potentially be helpful in the planning process. 

 

Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to authorize soliciting proposals for the Palm Bay Parkway and Washingtonia Extension projects; appoint a Consultant Selection Committee consisting of Transportation Engineering Director John Denninghoff, Assistant County Manager Ed Washburn, and Traffic Engineering Director Dick Thompson or their designees; appoint a Negotiating Committee consisting of Transportation Engineering Director John Denninghoff, County Manager Peggy Busacca, and County Attorney
Scott Knox or designees to negotiate with the selected firm; and authorize the Chair to execute the Professional Services Agreement with the selected firm.  Motion carried and ordered unanimously. 

 

 

Commissioner Colon stated on the next agenda she would like to have discussion of funding of right-of-way for the beltway and different mechanisms to try to achieve that. 

 

 

 

Commissioner Scarborough stated he is happy with the current audit group; and commented on potential conflict of interest with some members sitting on the board of the Economic Development Commission. 

 

Chas Hoyman, of Hoyman, Dobson, & Company, stated they have handled those in the past.  Commissioner Scarborough stated he has heard some negative comments.  Mr. Hoyman explained there are two firms involved in the engagement; and his firm had some involvement in the EDC, but the other firm did not, so Bray, Beck & Koetter performed that audit.

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize renewing the Auditing Services Contract with Bray, Beck & Koetter and Hoyman, Dobson & Company for a term of three years.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to waive the Educational Impact Fee as requested by Damon Cox for construction at 1766 Wilkig Avenue SE, Palm Bay, Florida.  Motion carried and ordered unanimously.     

 

 

 

County Manager Peggy Busacca stated there are two changes; one is the reimbursement for FEMA; and the second recognizes the ongoing deficit. 

 

Chief William Farmer, Fire Rescue Director, stated they did not anticipate there being any FEMA reimbursement in 2004-05, so the full FEMA reimbursement was budgeted in 2005-06; but it turned out some reimbursement was in 2004-05, so the EMS and Fire funds have to be reduced by the amounts received. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve Budget Change Requests to correctly reflect FEMA reimbursements for Hurricanes Charley, Frances, and Jeanne.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Colon, to waive impact fees as requested by Richard Ronsisvalle for construction at 3960 Crooked Mile Road, Merritt Island, Florida.  Motion carried and ordered unanimously. 

 

 

CITIZEN REQUEST  -  JOHN COMELLA, JR., RE:  CODY STUDY  (CONTINUED)

 

John Comella, Jr., President of the Brevard County Professional Firefighters, Local 2969, stated he and Bob Furci are present to discuss their belief that they may be entitled to half the Cody amount. 

 

Bob Furci expressed appreciation for the Board’s recognition of the firefighters earlier; and requested the Board apply half the Cody Study to Fire Rescue.  He stated the intent was for the Board to apply half the Cody Study to everybody; during negotiations they could not be included in that; and feeling no need to drag out negotiations, they put their trust in the Board to do what is right for the firefighters.  He stated the Board has a cost analysis before it showing three different interpretations of what half the Cody Study could mean; staff has not agreed or disagreed with any of them; and they have asked staff for an interpretation, but have not received anything yet. 

 

County Attorney Scott Knox recommended the Board have an executive session before it starts talking about numbers.  

 

Human Resources Director Frank Abbate stated if the Board is going to speak about collective bargaining, it should be in accordance with Florida Statute 447; what he would be comfortable reiterating to the Board is what he and Chief Farmer put together in response to the Agenda item; and outlined what was provided to the Board and the history of the item.  He advised in February, there was a public meeting at which Mr. Comella and Mr. Furci were present to discuss the issue, but they were in collective bargaining negotiations; subsequent to that date, the County had multiple negotiation sessions with the Union and reached agreement; and that was outlined in the memo that staff prepared for the Board.  He requested the Board proceed in accordance with Florida Statue 447 in executive session. 

 

Chair Voltz inquired when could the Board have an executive session as it is not meeting again until July.  Mr. Knox responded it would have to be July. 

 

Commissioner Carlson stated when the Board approved 50% of the Cody Study, it approved for the Sheriff and the LIU; she guesses they had already gone through the formal Union discussions as well; and that is why they are saying half the Cody Study.  She stated she would like to find out exactly how that applied to the Sheriff and the Union; obviously the Union on the Sheriff’s side had negotiated too; but when the Board said 50% was going to be applied to them, that is where the big question comes in.  Mr. Knox advised he does not know the answer.

 

Commissioner Colon stated all the Commissioners have questions; the discussion should be in executive session; and if Mr. Knox answers one Commissioner’s questions, he is going to have to answer the rest. 

 

Discussion ensued on when to hold the executive session. 

 

Chief William Farmer, Fire Rescue Director, stated staff would not be prepared to speak on May 24, 2006; the Fire Rescue budget is at its limit; and if they were to do a melding of management’s proposal and the Cody Study, they would have to go into reserves and possibly have a loan for EMS.  He stated he would be more comfortable having those discussions in executive session and letting the financial people look at this.  He stated the Board’s previous direction was to go forth with the management proposal; and it will take staff time to do this type of analysis. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to table consideration of request by John Comella, Jr. concerning implementation of the Cody Study for those in Brevard County Professional Firefighters Local 2969; and approve scheduling an executive session on July 11, 2006 to discuss the matter.  Motion carried and ordered unanimously.       

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to waive the rezoning fee for the St. Mary Missionary Baptist Church, as requested by Pastor Ira L. Lightsey.  Motion carried and ordered unanimously. 

 

 

 

John Fravel, representing the Sawgrass at Suntree Homeowners Association, stated their concerns have to do with the projects related to the Pineda Extension and the Zoo Trail, which adversely affect the community’s safety, security, health, and quality of life.  He stated specifically they are concerned with the Zoo Trail itself, the St. Andrews connection, the Pineda Extension, the interchange at I-95, increased capacity at I-95, and a proposed park and ride.  He stated according to the Comprehensive Plan the location of a Zoo Trail or linear park should be compatible with the adjacent land uses; but the proposed zoo trail is not compatible with a major highway and the gated communities on the other side.  He stated the other issue is incompatibility with nature because the trail will be a 30-foot wide asphalt trail going through the area, which will drive out all the existing wildlife.  He stated the policy also deals with the integration of open spaces within residential subdivisions and interconnects adjacent communities; the proposed Zoo Trail abuts three private gated communities; and commented on cost of homes, maintenance of lifestyle, and not being in favor of interconnectivity and public egress into the communities.  He advised of community concern about public trespass from the Zoo Trail, unauthorized activities along the trail, Sheriff’s response capacity to the trail, and increased noise and visual pollution.  He commented on the St. Andrews connection; described the roadways; and expressed concern about increased vehicle traffic, big trucks, speeding, safety at bus stops, golf cart and bicycle safety, and increased noise pollution.  He recommended the Board maintain residential speed limits, limit traffic to only light vehicles, install four-way stop signs at the St. Andrews and Portage Trail intersection, install roadway curbs along St. Andrews Boulevard, widen the road, provide strong law enforcement presence, and construct the road using quiet pavement technology.  He stated the next topic of concern is the Pineda Causeway Extension; and pointed out various areas on the map.  He stated the shortest distance between Grand Haven and Sawgrass is 145 feet; because of the way the
developer was allowed to mitigate for the property, the easements are overlapping, so one of those homeowners has a patio that is two feet from the slope easement of the highway; the Transportation Element of the Comprehensive Plan talks about minimizing impacts on neighborhoods; and advised of the criteria.  Mr. Fravel advised they are already experiencing negative impacts because of the various ongoing projects.  He stated there are community concerns about increased traffic adjacent to residential areas, heavy truck traffic, vehicle speeds, transportation hazards, lack of adequate roadway and community buffers, increased noise pollution and visual pollution, and significant decrease in property values.  He stated the County could do things to mediate some of the problems, including maintaining residential road speeds, keeping heavy truck traffic out of the neighborhoods, prohibiting hazardous material transport, installing crash barriers, using quiet pavement technology, allowing no curb cuts on the Pineda Causeway west of St. Andrews Boulevard, installing landscaping or barriers to mitigate noise and visual pollution, and having strong law enforcement presence.  He commented on the proposed park and ride, the requirements of the Comprehensive Plan, and presence of environmentally sensitive land.  He advised the Pineda Causeway is also a scenic roadway; and developers should preserve vegetation in the area.  He advised of the cumulative effect of noise; and advised of decibel readings of various vehicles at various speeds and noise levels in the area.  He requested the Board reevaluate the impacts and propose mitigation to help solve some of the problems.   

 

Paul Saia stated they are waiting for the Pineda Extension to get going; he has been to various boards and agencies; and the way it was going has been changed.  He stated there are also concerns about the Brevard Zoo linear park; and pointed out various areas on the map.  He commented on award of $207,000 to Brad Smith and Associates to plan and design the Zoo Trail and connection to the Pineda Causeway Extension; and stated if this design proposal is not immediately changed, it will create a deadly intersection at the Pineda Extension and I-95; and they cannot wait for the 30% plan or the 90% plan to address the fundamental planning and design flaws that will endanger the lives and security of the citizens.  He stated the proposed plan and design trivializes the extensive work of visionaries who voted for a referendum; and it changes the MPO’s idea of a showpiece trail to a deadly intersection.  He advised of the words of President Ronald Reagan, “Tear that wall down”; and requested the Board change this deadly plan and design now.  He outlined proposed changes, including curb cuts, park and ride, borrow pit, and wetland issues; and commented on the nature trail. 

 

Commissioner Carlson stated she appreciates the folks coming from the neighborhoods; she has invited them to a community meeting so they can get all the facts on the table and the historical perspective; it is unfortunate that as the area has developed, the County did not require the developers to put walls, etc. to buffer the noise; but the Pineda Extension is going to go in and it will not have noise deadening asphalt as that is not part of the budget.  She stated one reason she had the big signs erected on the Pineda Extension was so that people would be aware that the roadway was coming through when they bought into the area.  She stated the Zoo Trail is still in the design mode; and invited everyone to come to the community meeting in July. 

 

A member of the audience requested the opportunity to speak.  Chair Voltz advised the other speakers gave up their time to Mr. Saia and Mr. Fravel who have been speaking for a half hour; and recommended the speaker meet with Commissioner Carlson. 

 

 

 

Dr. Wasim Niazi submitted written materials; and stated he appeared before the Board a year ago requesting a conditional use permit for a heliport at the residence he is building at 4405 Still Waters, and was told to contract the FAA, FDOT, and the neighbors, which he has done.  He described the contents of his submittal, including a picture of his helicopter, the FAA-approved flight path over Honeymoon Lake to his proposed heliport site, and description of the heliport.  He advised there are no intervening boat docks, houses, trees, pools, or other structures from the egress or ingress of the helicopter, which is exclusively over the water of Honeymoon Lake and the Indian River; the Merritt Island Airport is five miles north and will be used as an alternate site in the event there are unfavorable wind conditions; and maintenance will be performed on the site.  He commented on equipping the heliport, filing with the FAA, and safety inspection of the site; and outlined the contents of Exhibits 4, 5, 6, and 7.  He stated he has knocked on every door in the neighborhood and given everyone everything they needed; and Exhibit 8 has fourteen signatures from the residents.  He stated a couple of the neighbors wanted additional information, which he provided; and he is requesting a conditional use permit so if he dies or sells the house, the permit will go away. 

 

Chair Voltz inquired if the CUP goes with the land; with Planning and Zoning Director Robin Sobrino responding that is correct. 

 

Commissioner Carlson stated the property is zoned SEU, which is half acres; with Ms. Sobrino advising it is one acre.  Commissioner Carlson stated there are no CUP’s in SEU; with Ms. Sobrino advising that is correct, the zoning regulations limit the request for CUP’s to zoning that is two and one-half to five-acre minimum lot size.  Commissioner Carlson stated her concern is that the County has not done any zonings with helicopters; and although Dr. Niazi might have fourteen people who think it will be okay, the impact may be much greater elsewhere in the County.  She stated this should go through the proper public hearing process with notice if the Board wants to do a CUP for this sort of thing in SEU; then the public can be present; and right now there is no public present. 

 

Commissioner Pritchard stated he does not have a problem with this; the interest shown in the neighborhood is positive; the flight plan is positive; and the FAA approved it.  He stated if he lived in the neighborhood, he would be happy to have something like this; and commented on the flight path and the layout of the neighborhood.  He inquired what can be done to move this forward since a CUP in SEU is a conflict.  Ms. Sobrino advised the process would require legislative intent and permission to advertise an ordinance to amend the Zoning Regulations to allow consideration of a conditional use permit in SEU, so the Board would need to take that preliminary step and get through the public hearing process before Dr. Niazi could apply for a conditional use permit. 

 

Chair Voltz inquired how long will that take; with Ms. Sobrino responding three to four months. 

 

Commissioner Pritchard inquired why this was not brought to the Board’s attention before now.  Chair Voltz stated Dr. Niazi was asked to get the information from his neighbors, the FAA, FDOT, and all that.  Commissioner Carlson stated it took a while to get the information.  Chair Voltz inquired why when Dr. Niazi first came to the Board it was not brought up that this could not be done without a public hearing.  Ms. Sobrino advised the staff report at that time documented that this was not allowed, but the direction given at that time was for Dr. Niazi to
first feel out the neighborhood before the Board would take the next step; and perhaps it was not anticipated that it would take a year for Dr. Niazi to come back. 

 

Motion by Commissioner Pritchard, seconded by Commissioner Colon, to authorize advertising a public hearing to consider an amendment to the Zoning Code to permit heliports as a Conditional Use Permit in the SEU zoning classification.

 

 

Commissioner Scarborough stated some years back after an extended unpleasant discussion, they got rid of helicopters on South Merritt Island; the community was not happy about the discussion; and he will not be voting in favor of the motion. 

 

Chair Voltz called for a vote on the motion.  Motion carried and ordered; Commissioner Scarborough voted nay. 

 

 

Chair Voltz inquired if the house has been started; with Dr. Niazi responding it is almost complete.

 

 

BOARD DIRECTION, RE:  INTERNAL AUDITING SERVICES CONTRACT  (CONTINUED)

 

County Manager Peggy Busacca advised previously the Board approved a contract with Bray, Beck & Koetter, which is in the process of being purchased by a larger firm; and the larger firm is RSM McGladrey, Inc., so the contract will reflect the new name. 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting adjourned at 8:09 p.m.

 

 

 

                                                                        _____________________________________

ATTEST:                                                         HELEN VOLTZ, CHAIR

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

 

______________________

SCOTT ELLIS, CLERK

 

            (S E A L)