MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

July 8, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on July 8, 2008 at 9:02 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Mary Bolin, Chuck Nelson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.  Commissioner Helen Voltz was absent.

 

 

The Invocation was given by Pastor Sergio Reyes, Calvary Baptist Church, Melbourne, Florida.

 

Commissioner Colon led the assembly in the Pledge of Allegiance. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the March 6, 2008 Zoning, March 25, 2008 Special, April 1, 2008 Regular, April 24, 2008 Special, May 1, 2008 Zoning, May 6, 2008 Regular, May 8, 2008 Special, May 13, 2008 Special, and June 3, 2008 Special Meeting Minutes.  Motion carried and ordered unanimously. 

 

 

 

Chairman Scarborough stated without Barbara Meyer and her inspiration the State would not have purchased the East Coast Trail; FDOT is now undertaking a massive design of the trail; there is support from Congressman Mica to get federal funding; and Brevard County is seeking $8 million. 

 

Barbara Meyer, Bicycle/Pedestrian Coordinator, expressed appreciation to the Parks and Recreation Department and the Board for the recognition; stated it has been a privilege to work under the Board’s leadership; and she appreciates Chairman Scarborough giving her the support to work with the partners that have been developed during the process.  She stated what she has learned from the building of successful partnerships is incredible; she believes it is a template that will be used for many other types of projects; and it has been an honor to work with the community. 

 

Commissioner Colon stated Ms. Meyer stands out in so many ways; and Ms. Meyer is deserving of the recognition certificate.  Chairman Scarborough advised he is now receiving emails from four other counties; and that means Brevard County is going to be a player in the East Coast Trail. 

 

  

 

County Manager Peggy Busacca advised she would like to ask the Board to cancel a Workshop scheduled for July 10, 2008, as there is no topic scheduled. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to cancel the July 10, 2008 Workshop at 1:00 p.m.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to reschedule the August 12, 2008 Workshop on Elderly Issues to August 28, 2008 at 9:00 a.m.; and reschedule the August 12, 2008 Workshop on Community Health Issues to October 23, 2008 at 9:00 a.m.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to change Consent Item III.A.4. to read, “It is requested that the Board of County Commissioners waive the requirements of a County review for the sound wall per Code Section 62-2889”; and delete the language reading, “And grant permission and authorize construction of a sound wall by the Florida Department of Transportation.”  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission for Holland Knight Law Firm, the County’s Bond Counsel, to continue with the transaction concerning a tower owned by Brevard County in the South Beaches on A1A, in which the Firm’s client, Verizon, wants to locate an antennae on the tower and negotiate a lease with Brevard County.  Motion carried and ordered unanimously.

 

 

 

Commissioner Nelson stated he went with the EDC to visit a manufacturer that may be looking to come to Brevard County; and he will bring back a report to the Board at a future meeting. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to reappoint Larry Boudrie to the Housing Finance Authority, with term expiring December 31, 2012; and appoint Isaac Houston to the Parks and Recreation Merritt Island/Beaches Services Sector Advisory Board, with term expiring December 31, 2008.  Motion carried and ordered unanimously.

 

  

 

Commissioner Colon stated there is a group called Some Gave All, Inc.; the group is a moving tribute; and the group was present in April when the Moving Wall was located in Wickham Park.  She stated a few veterans, groups, business, and private companies in Brevard County have united and are currently building a moving tribute for all fallen troops of Desert Storm, Desert Shield, Beirut, Afghanistan, and Iraq; and others are involved in the global war on terrorism.  She noted Some Gave All, Inc., has added a tribute to the heroes lost on September 11, 2001; and the group’s intention is to help the families with the healing process by honoring them as well.  She advised anyone wishing to contribute can do so at somegaveallinc.org.

 

 

 

Motion by Commissioner Colon, seconded by Commissioner Nelson, to appoint Commissioner Bolin as the Chair in the County’s Emergency Operations Center Bunker in the case of a hurricane.  Motion carried and ordered unanimously.

 

 

 

The Board reached consensus to grant retroactive approval for Chairman Scarborough to send a letter to the Public Service Commission (PSC) concerning Florida Power & Light (FPL) Company’s Canaveral Plant plans to reduce emissions, save on fuel costs passed on to customers and improve aesthetics of aging power plants. 

 

 

 

Commissioner Colon advised on June 23, 2008, Senator Bill Nelson and Senator Mel Martinez were in Brevard County to support concerns the Board has about the retirement of the Space Shuttle; and inquired if Chairman Scarborough would share with the community some of the discussion.

 

Chairman Scarborough stated over 1,000 people attended the meeting at Port Canaveral; only 150 people were allowed inside the chambers; and the subcommittee meeting had a lot more substance than he initially thought it would.  He stated the idea is that the Board needs to inquire in more depth about what is going on; it was noted in the meeting there would be a loss of only 3,000 to 4,000 jobs; and there needs to be a request for more specificity on that.  He stated it was suggested the Board may want to address a letter to Senators Nelson and Martinez requesting the question be asked of NASA Director Michael Griffin; and it was not defined as to what jobs would be coming to Brevard County and if the jobs would occur immediately. 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to authorize Chairman Scarborough to send letters to Senators Bill Nelson and Mel Martinez concerning the Space Shuttle Program and the loss of jobs.  Motion carried and ordered unanimously.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to delegate authority to Natural Resources Management Director, Ernie Brown, to approve relocation of listed species from public projects to County-owned properties when specified public criteria are met.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant preliminary plat and final plat approvals, subject to minor changes as applicable and developer responsible for obtaining all necessary jurisdictional permits for Lexus of Melbourne; and authorize the Chairman to sign the final plat.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant preliminary plat and final engineering approvals, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits for Palms of Indian River Estates Subdivision.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to waive the requirements of a County review for the sound wall along the east side of the I-95 corridor located just north of Wickham Road, continuing north to the Viera overpass, per Code Section 62-2889.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, grant final plat approval for Bromely Drive Center Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits; and execute Contract with The Viera Company guaranteeing construction of the infrastructure for the project.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to review and renew Board Policies BCC-51, Zoning Actions and Findings of Fact and BCC-52, Approval of Binding Development Plans.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Binding Development Plan Agreement with Island Oaks of Brevard County, LLC for property located on the west side of North Courtenay Parkway, approximately 0.6 mile south of Highway 528.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve legislative intent and grant permission to advertise an ordinance amending Solid Waste regulations governing removal and disposal of solid waste from residential and commercial properties, to include elimination of regulations that are duplicative of State requirements.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Contract for Sale and Purchase with Metro West, L.C., Coy A. Clark Company for Parcel 199, which is needed for the Wickham Road Widening Project between Nasa Boulevard and U.S. 192; waive the Phase I Environmental Assessments; waive deed and plat restrictions on the project; and waive the Florida Power and Light, BellSouth, and public utility easements which will be subordinated or relocated on a project-wide basis at a later date.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to accept the Sanitary Sewer Line Easement from Star Rush Viera, LLLP.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution of Necessity for the commencement of condemnation proceedings for the acquisition of the William Moseley and Gayle Moseley Browne property in Section 6, Township 27, South, Range 37 East.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Contract for Sale and Purchase and Addendum with Elizabeth A. Cannan for property needed for intersection improvements at Hollywood Boulevard and Henry Avenue in Section 6, Township 28 South, Range 37 East.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Contract for Sale and Purchase and Addendum with Marvin Spence and George Spence for property needed for intersection improvements at Hollywood Boulevard and Henry Avenue in Section 6, Township 28, South, Range 37 East.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to certify the Local Option Gas Tax revenue percentage allocations and submit them to County Finance; and direct County Finance to submit the allocations to the Department of Revenue.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution and execute Partial Release of Sidewalk Assessment Agreement in favor of the Florida Department of Transportation for the Barnes Boulevard at U.S. 1 intersection improvements.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution and execute County Deed in conjunction with Memorandum of Agreement with FDOT transferring property for the Babcock Street Widening and Improvement Project, from Fee Avenue to U.S. 192.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Memorandum of Understanding, Underground Distribution Facilities Installation Agreement, and Underground Road/Pavement Crossing Agreement in favor of Florida Power and Light Company for the Viera Health Department Complex.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Underground Distribution Facilities Installation Agreement, Transformer Pad Location and Specification Agreement, Letter to Florida Power and Light Company, and Easements in favor of Florida Power and Light Company for Fire Station 87.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve Change Order with Chemical Lime Company of Alabama increasing Purchase Order #4500048536 from $100,000 to $137,418.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve purchase of INFOR Work Management System, Version 8.  Motion carried and ordered unanimously.

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Contract, contingent upon County Attorney and Risk Management approval, with State of Florida, Department of Community Affairs, in the amount of $243,534; approve a cash match of $4,871; and authorize the Chairman to execute future modifications and amendments contingent upon the approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Contract Renewal with ARCADIS Geraghty and Miller, Inc. for engineering services associated with site restoration services at the Merritt Island and Melbourne Airports to June 3, 2009.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve Mosquito Control Tentative Detailed Work Plan Budget-Arthropod Control for FY 2008-2009 with Florida Department of Agriculture and Consumer Services, Division of Agriculture Environmental Services beginning October 1, 2008 through September 30, 2009, allowing Brevard County Mosquito Control District to be eligible to receive State funding in the amount of approximately $35,000.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution and execute Conservation Easement to St. Johns River Water Management District (SJRWMD) as required for the development of Wickham Park Phase II Improvements (West).  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution and execute Conservation Easement to St. Johns River Water Management District (SJRWMD) as required for the development of Wickham Park Phase II Improvements (East).  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve Budget Change Requests for Mid-Year Supplements for South Area Parks Operations, Central Area Parks Operations, North Area Parks Operations, Environmentally Endangered Lands, and Debt Management.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution and execute Easement to Florida Power and Light Company (FPL) for electrical services to the new Senior Center at Wickham Park.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize the allocation of $200,000 for the A. Max Brewer Memorial Causeway Bridge Catwalk; execute Amendment to Agreement with Florida Department of Transportation (FDOT); authorize the County Manager to execute Budget Change Request; and authorize the issuance of check to FDOT.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize staff to obtain appraisals, Phase I Environmental Site Assessment, Phase II Environmental Analyses, Surveys, Title earches/Commitments/Insurance/Policy and other information necessary to establish the usefulness of property owned by the Marr Family; and authorize negotiations towards Contract for Sale and Purchase, if appropriate or found useful for intended purpose.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution and execute Conservation Easement to St. Johns River Water Management District (SJRWMD) as required for the development of Max K. Rodes Park.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission to purchase five low floor mini-vans off of the Florida Vehicle Procurement Program Contract in the amount of no greater than $190,000 utilizing Federal Transit Capital Funds.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Medicaid Waiver Services Agreement Addendum “A” with State of Florida, Agency for Persons with Disabilities for the provision of transportation services.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize submittal of Service Development Grant Application and adopt Resolution supporting the Minuteman Causeway Shuttle Bus Service Development Proposal.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to accept Internal Audit Reports for Information Technology SAP Security, Merritt Island Redevelopment Agency (MIRA), State Housing Initiative Partnership (SHIP) and HOME Investment Partnership Program.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve Special Magistrate’s recommendation to reduce the accrued fine for Case #03-2450 from $9,300 to the reduced sum of $1,700; and direct staff to prepare and execute release and satisfaction of lien upon receipt of payment.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission to advertise a public hearing to consider an ordinance rescinding tax abatements of Avidyne Corporation, Confluent R F Systems, Inc., FYI Corporation, Premium Marine, Inc., and EDAK, Inc. as select companies that no longer qualify under the program guidelines.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the replacement of Procedure BCC-32 with an Administrative Order and delegate authority to Information Technology Department to ensure the service, maintenance, operation, control, and authorized use of the County’s communications and network systems.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute AT&T Master Agreement to replace the existing Master Volume and Term Agreement with BellSouth for a period of two years with three, one-year renewal options for a total of five years.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to execute Agreement with Cost Control Associates, Inc. to perform a telecommunications and energy audit for the Board in order to identify potential cost reduction, as well as refunds from billing errors, upon approval by the County Attorney’s Office.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize an expansion of the scope of work for Next Generation 9-1-1 consulting services with L. Robert Kimball and Associates to include a consolidation assessment study for the County’s eleven Public Safety Answering Points; and authorize the Chairman to execute any necessary agreements upon approval by the County Attorney’s Office.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize bids from qualified firms for the build-out of a room within Building C to act as a data center for computer equipment; and authorize the Chairman to execute any agreements if the bid is equal to or in excess of $100,000, or authorize the County Manager to do so if it is less than $100,000.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve continuation of Board Policy BCC-29, Travel.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve continuation of Board Policy BCC-30, Cost of Copying Documents for the Public.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve continuation of Board Policy BCC-42, Waiver of Fees During a Period of Local Declaration of Emergency.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve continuation of Board Policy BCC-46, County Commission Transition.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve continuation of Board Policy BCC-47, Acceptance of Donations to the Board.  Motion carried and ordered unanimously. 

CONTINUATION,  RE:  BOARD  POLICY  BCC-88,  USE  OF  AND  COLOR  SCHEME  OF

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve continuation of Board Policy BCC-88, Use of and Color Scheme of County Seal.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission to schedule a Closed Executive Session at the end of the Budget Workshop on July 17, 2008 with the County Manager and appropriate staff to discuss the ongoing negotiations with the International Association of Fire Fighters (IAFF), Local 2969.)

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to grant permission to apply for and accept the Edward C. Byrne Justice Assistance Grant award for FY 2008-2009; authorize the Chairman to execute the necessary documents; and authorize all necessary Budget changes associated with acceptance of the grant.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution congratulating Marian Madsen on her 100^th birthday, and expressing warm wishes for many more wonderful years in her remarkable life.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to reappoint Marj Bartok, Carolyn Brown, William Chivers, Reverend Joe McDowell, Doug Mead, George Mikitarian, Al O’Connell, Colleen Rupp, Ronald M. Sellers, Rose Thron, and Lynda Weatherman, to the Workforce Development Board, with terms expiring June 30, 2011.  Motion carried and ordered unanimously.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to appoint Curtis Parry, Anthony Koromilas, Jacklyn Gregory, Maureen Rupe, and Bruce Moia to the Landscaping, Land Clearing and Tree Protection Task Force, with term expiring December 31, 2008; appoint Andy Walters, George Wilson and Troy Rice to the Surface Water Protection Working Group, with term expiring December 31, 2008; reappoint Jerry Sansom to the Titusville-Cocoa Airport Authority, with term expiring August 8, 2009; and reappoint Veronica Clifford to the Titusville-Cocoa Airport Authority, with term expiring July 7, 2011.  Motion carried and ordered unanimously.

 

 

 

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

 

 

 

Commissioner Colon read aloud a Resolution proclaiming Military Orders of World Wars Youth Leadership Days. 

 

Motion by Commissioner Colon, seconded by Commissioner Nelson, to adopt Resolution proclaiming Military Orders of World Wars Youth Leadership Days from July 23 through July 26, 2008 in Brevard County, urge all citizens to offer assistance and support for the purposes set forth by the Leadership Conference as MOWW extends a warm welcome and invitation to the community, and offer congratulations and best wishes to the Conference Delegates.  Motion carried and ordered unanimously. 

 

 

Gertrude Waters stated she supports Space Coast Area Transit, but it is not good for her to have a bus stop at her front door; and she would like to know if there could be an alternate route for the bus to stop.  She stated since the bus stop has been in front of her house she has been under stress because of some problems she has had with some of the riders; there is always loud noise; there is trash in her yard; and some riders have cut through her yard to get to the bus stop.  She noted there are some vacant places where the bus stop could be located.  Chairman Scarborough inquired if the bus stop is located directly in front of her home; with Ms. Waters responding it is directly in front of her front door. 

 

County Manager Peggy Busacca advised Assistant County Manager Heidi Denis would be happy to meet with Ms. Waters and get her information; and staff will look into the situation for her.  Chairman Scarborough noted Transit Services Department Director Jim Liesenfelt is present and he can be of assistance as well. 

 

 

Chairman Scarborough called for the public hearing to consider ordinance granting Economic Development Tax Exemption for Guardian Ignition Interlock Manufacturing.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Ordinance granting an Economic Development Ad Valorem Exemption to Guardian Ignition Interlock Manufacturing, 2971A Oxbow Circle, Cocoa, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by Guardian Ignition Interlock Manufacturing; providing an effective date.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for the public hearing to hear public comments regarding FY 2008-2009 Brevard County HOME Consortium Consolidated Action Plan and FY 208-2009 Annual Action Plan.

 

The Board conducted a public hearing as required by the U.S. Department of Housing and Urban Development (HUD), for the purpose of receiving public comments on the goals and priorities set forth in the HOME Consortium’s Consolidated Annual Action Plan and the recommended HOME Investment Partnership (HOME) and Community Development Block Grant (CDBG) funding priorities set forth in Brevard County’s 2008-2009 Annual Action Plan, with approval of the funding allocations for the 2008-2009 Annual Action Plan being presented to the Board on July 29, 2008; but no comments or objections from the public were heard.

 

 

Chairman Scarborough called for the public hearing to consider resolution for Developer’s Agreement, and Local Funding Reimbursement Agreement for intersection improvements at U.S. 192 and John Rodes Boulevard. 

 

Harry Stapor stated along the seven-tenth’s of a mile of the southern most portion of the two-lane County roadway comprising John Rodes Boulevard between New Haven Avenue and Sheridan Road, there are 15 junctions; each junction is a cul de sac-type residential intersection on the west side; there is one each business access way on the west side and two each business access ways on the east side; and there are seven each residential driveways on the east; and four each residential driveways on the west side.  He stated of the nearly 3,700-foot length of John Rodes Boulevard, only the southern most 400 feet will be addressed by the proposed  intersection improvement and  multi-lane  upgrade; the remaining 3,300  feet   of   the two-lane   County   roadway  is   not  currently scheduled for concurrent multi-lane upgrade; and there are two immediate consequences of the shortsightedness.  Mr. Stapor advised the first consequence is that the current over-burdened traffic volume along John Rodes Boulevard will be increased, thereby exacerbating an extremely challenging situation; and at any one of the 15 junctions along John Rodes Boulevard between New Haven Avenue and Sheridan Drive, a left-hand turn attempt across an oncoming traffic lane already clogged with impatient drivers will quickly degenerate into total gridlock.  He inquired what is the benefit gained by inserting a large funnel into the end of a garden hose; and advised that is what the County is trying to do at the big intersection of the southern terminus of John Rodes Boulevard.  He stated the people routinely using John Rodes Boulevard will be obliged to suffer an inconvenience ranging from lane closures at best, to a road closure at worst, and will not enjoy any reduction in the traffic congestion after the proposed intersection improvement and multi-lane upgrade to the southern terminus is executed unless the multi-lane upgrade effort is extended northward along John Rodes Boulevard to the Sheridan Road intersection, which is the first available junction along John Rodes Boulevard north of New Haven Avenue that affords an alternate route capability.  He stated he would like to ask the Board to consider very carefully just having a small construction effort at the southern terminus of John Rodes Boulevard and not fixing the remaining part of the road at least as far north as Sheridan Drive. 

 

Michael Hazlett, West Melbourne City Councilman, stated he is present on behalf of five homeowners’ associations and numerous businesses on John Rodes Boulevard.  He stated his major concern is that after the Board’s meeting on May 29, 2008, many residents felt it was a foregone conclusion that the Board was going to close the road based on the meeting; he explained to the residents that it is not a City road, but a County road; and pubic safety is his biggest concern.  He stated anyone familiar with Sheridan Drive knows there are a lot of kids in the area; it is a 30-mile per-hour road; there are lot of people who walk in the area; and there is no possible way to take a major road such as John Rodes Boulevard with a 45-mile per-hour speed limit and dump the traffic onto a 30-mile per-hour residential road with residential driveways.  He stated he understands the proposed savings the County is looking at, but when looking at the seven to twelve miles per-trip that local residents will be inconvenienced by getting off at U.S. 192 and diverting all the way to Sheridan, the plan makes no sense as far as savings.  He stated he did the math; it is a $2,000 to $3,000 savings per day because he does not think the construction is going to be anywhere near 90 days; he knows the Board has no control over the length of the construction; but there has to be a better solution than just closing the road.  He inquired in order to alleviate some of the southbound traffic on John Rodes Boulevard, could a barricade be put up at Ellis Road for southbound traffic only that is better suited to be diverted onto Ellis Road, as it is a commercial and industrial area.  He stated the feedback he is getting from residents is about the southbound traffic that is going to be put onto Sheridan Drive; and heavy industrial vehicles are going to be diverted onto a residential street.

 

Chris Challis, representing developer Melbourne 95 New Haven, LLC, stated there is an intergovernmental coordination that has occurred up to this point, as well as public/private participation; and it has been an 18-month long process where his company has worked closely with County staff as well as City of West Melbourne staff in addressing a variety of infrastructure related  problems.   He  stated  the  developer  was  able to  make an arrangement by which it is

going to advance  the construction  of an  improvement that everyone agrees needs to be done; by advancing the construction that FDOT had programmed, the developer is able to secure the funds through an LFRA that needs to be improved; and the developer is going to be the one essentially financing the project.  Mr. Challis noted Melbourne 95 New Haven LLC is taking a risk in terms of advancing the funds to build the road in the hopes of future repayment from other projects; and the one thing left to resolve is to find a way to bridge the issue of whether to remain open or closed.  He stated he would like to ask the Board to find a way to approve an agreement that can be moved forward and make a resolution everyone can be happy with. 

 

Sans Lassiter, Lassiter Transportation Group, handed the Board a graphic.  He stated he was asked to run a model to show what is likely to happen with the closure of John Rodes Boulevard due to construction; and reiterated the road would remain open to local residents.  He explained on the left side of the diagram is a picture showing what the traffic would be without any closure; on the right side of the diagram is a picture showing the traffic with the closure; and traffic can be seen increasing on Eau Gallie Boulevard and Wickham Road.  He stated traffic will disperse by driver choice as long as advanced notice is given; the advanced notice needs to occur well in advance; and there is capacity on both roads to handle the improvements.  He advised it is a temporary situation; and if the road is kept open, drivers will divert away from the area under construction because there will be construction delays.  He stated Bob Kamm told him to think about skinny roads and fat intersections; fat intersections move the traffic; signals stop traffic, so more lanes have to be provided at the intersections; and the purpose of the project is to provide fat intersections for the skinny roads. 

 

Stephany Eley, City Councilwoman, West Melbourne, stated she proposed to Transportation Engineering Director John Denninghoff using the $700,000 to further extend the four-laneing of John Rodes Boulevard; and Mr. Denninghoff agreed it could be a possibility.  She stated at the West Melbourne City Council meeting in June she did not have a strong position either way about closing or not closing John Rodes Boulevard; she is always for saving money, so she understood the constraints of trying to save $700,000; but at the City Council meeting the residents present who lived off of Sheridan Road were adamantly opposed to the closing of John Rodes Boulevard.  She stated the residents have said to the City Council it is not worth it to them to save 23 percent but to have the safety issues, the financial impact to businesses, and the hassels of residents trying to get to and from work caused by the complete closure of John Rodes Boulevard.  She stated the residents have said they do not want to save 23 percent because it is worth it to them to spend the extra money; it is the City of West Melbourne’s impact fee money that would be used to pay for the closure and non-closure; and that is why the City Council voted seven to zero. 

 

Commissioner Colon thanked Ms. Eley for calling her office, as she is the only Council member to call her office and ask for feedback.  She stated it is important that the County and Cities speak to one another, keeping the lines of communication open; and the citizens need some history on the project.  She commented on staff briefing the Commissioners before every meeting on each item on the Agenda.

Chairman Scarborough stated sometimes the press asks him how he is going to vote on an item; it is not a fair question; he does not have the ability to call his fellow Commissioners; and he has to come to the meetings with an open mind or he is doing a disservice to anyone who comes to speak to him as well as his fellow Commissioners.  He stated the Commissioners are briefed on the items, but they listen as well.  Commissioner Colon stated she is thankful Chairman Scarborough added that because a lot of people do not know how the process works.

 

John Denninghoff, Transportation Engineering Director, stated several comments that have been made paint an accurate picture of how the County has gotten to where it is; but he would like to add some details.  He stated the project started over a year ago for County staff with discussions with the developers involved in the Coastal Commerce Project; the County coordinated with City staff at that time; at the time, the property was not annexed into the City of West Melbourne; City staff and City Council became more familiar with the project as well; and it eventually resulted in the annexation of the property, comprehensive plan amendments, and zoning issues.  He stated through the process the project description was provided, which included the situation regarding the U.S. 192 area that fronts the project, as well as the objectives associated with the John Rodes Boulevard improvements that are being discussed today; the effort between City, County, developer, FDOT, and staff were becoming more intense in March; and the only concern had been having John Rodes Boulevard in a condition where through traffic could drive on it.  He stated the road is not really going to be closed, but it would be closed to through traffic; local traffic would be able to enter and exit homes and businesses; however, the direction of travel could be affected easily at different stages of construction.  He stated as staff approached the timeframe in the later part of May, staff was finalizing the proposed agreement the Board has in front of it; the timeline for the developer was evolving as well; and timelines became difficult with the Commissioners’ June break, and the City Council’s July break.  He stated the decision was made to have the first of two public hearings in May, and a second one today, recognizing the City would have its meeting between the two County meetings.  He stated he personally did the briefings with all the Commissioners prior to the May hearing; he explained the highlights of the project and responded to any questions the Commissioners may have had; and the Board was well advised there would be a second hearing.  He stated traffic will have to wait to turn at an intersection; a way to alleviate that problem is to provide additional lanes or longer lanes; that is what the proposed construction is doing; it is providing an additional lane for greater left turn capacity from U.S. 192 onto John Rodes Boulevard; it is providing the lanes that are necessary to receive those two turn lanes into one receiving lane; and it provides longer southbound lanes as well to allow the southbound traffic to clear off of John Rodes Boulevard more quickly.  He stated while widening the road is more effective and beneficial to capacity than intersection improvements are, the place where the capacity failures are seen first is at intersections; and it is not on the road corridor itself.  He stated he has been asked why it is such a large difference between construction costs when the road is open and when it is only opened to local traffic; typically, local traffic is one way traffic of 15-miles per-hour or less; but in open traffic there are higher speeds and volumes; in trying to maintain traffic, the safety standards required are things such as barrier walls and multiple numbers of barricades that have to be moved on an hourly basis at times; and the construction workers are distracted from the actual road construction to rearranging the safety features that are associated with  allowing traffic  to go through.   He   stated  the barrier walls and barricades prevent equipment from hitting cars; all of those things cause the cost to go up dramatically; and the difference on major road projects is higher volumes are being dealt with than there are on John Rodes Boulevard, and there is more room on the road right-of-way.  Mr. Denninghoff noted one question that has come up is the timeline; there are many different timelines that are of interest to different parties as the discussion has unfolded; for the developer, the construction is from the time the property is cleared to the time the certificate of occupancy is obtained; it is a much longer timeframe than the construction activity that might take place on John Rodes Boulevard itself; and the three months is what is estimated the contractor would take to get the construction completed that is necessary to be done in order to restore safe travel conditions.  He stated the impact fees that are going to be used to reimburse the construction costs are collected within the City of West Melbourne; staff has between 70 and 100 projects it is working on at any one time in trying to figure out how to come up with the funding that is necessary to move them forward; the County has an option to be able to build a permanent improvement someplace else, or to use it as a temporary way; but even if the road it kept open, it will not be a fun place to drive; and there will be some traffic diversion no matter what it done.  He stated as the construction activity takes place, a great many people are going to divert whether the road is kept open or not; staff has not come up with a detour plan at this time; and the agreements are structured so that there is the option to allow for a later decision on that matter as to whether the road will be open to local traffic or open to all traffic.  He stated he has been asked if Sheridan Road cannot be used for the detour; the answer is that Ellis Road can be used for the detour route; however, he does not want to create the misconception that it will somehow keep people from having the free will to drive down and take Sheridan Road if that is the better route for them.  He noted it will not only be all the traffic on John Rodes Boulevard that is going to drive on Sheridan Road; the traffic currently traveling west on Ellis Road to get to John Rodes and then go south is not going to travel west on Ellis Road to go south on John Rodes Boulevard, then turn and go east on Sheridan Road; and they are either going to stay on Wickham Road or they are going to go to Eau Gallie Boulevard and go to I-95. 

 

Commissioner Colon inquired if it would be possible to meet once again with the City of West Melbourne; stated there have been two council members who have come before the Board; one did not mind the closure if it was diverted to Ellis Road; and the other council member said the citizens did not want closure at all.  She stated even though the City Council voted seven to zero to have the closure, she is trying to figure out if there is a possibility of having more discussion and feedback.

 

Stephany Eley stated when she attended the City Council meetings, she could have gone either way; she was looking at the potential savings to the City’s impact fees; that seemed a viable alternative; but the City Council was overwhelmingly slammed by its constituents at the meeting; and it was unanimous that no one at the meeting wanted the closure.  She stated a member of the City’s Advisory Board and the City’s Planning and Zoning Board spoke and said he did not see how saving $700,000 is worth what it is going to do to the businesses.  She stated the members of the City Council would feel better about the project if it felt the citizens were not so upset; and to her, the better plan would be to go to the Citizens Advisory Board and explain the options and what they are going to mean. 

 

Michael Hazlett stated the City of West Melbourne Police Chief wrote a letter to the Council expressing his concerns about public safety on Sheridan Road; and submitted a copy of the letter to the Board.  He stated the citizens who walk along Sheridan Road every day are appalled because they cannot believe traffic from John Rodes Boulevard is going to be diverted onto a residential street; and when heavy equipment is added to the road, it is going to be a disaster.  Commissioner Colon inquired what Mr. Hazlett would suggest; and stated she is aware of the fact that citizens will be affected.  She stated once the Board aborts the project there will not be any improvements; the City’s staff has been part of the process from the beginning; and if it is tabled until the end of July, it would allow for time to have additional discussion.  Mr. Hazlett stated with seven council members there may be seven different solutions; he has spoken with the applicant and he understands what needs to be done at I-95 and U.S. 192; he is pro-business, but he does not want to stop the project; and there has to be another solution for the other end of John Rodes Boulevard.  He stated his biggest concern is diverting traffic onto Sheridan Road; Ellis Road is suited for a detour; and he is bringing the Board the feedback from the HOA presidents now.  Commissioner Colon inquired if Mr. Hazlett would be okay if there is closure and traffic is diverted to Ellis Road; with Mr. Hazlett responding affirmatively.  Commissioner Colon stated Mr. Hazlett is saying he would approve the closure of the road because the improvement is needed, but he is concerned about the safety factor to make sure traffic is diverted to Ellis Road, and therefore he would not have a problem with the closure of John Rodes Boulevard.  Mr. Hazlett stated that is correct.  Commissioner Colon stated based on that, Mr. Hazlett is going against the wishes of his constituency if they are saying they do not want closure at all.  Mr. Hazlett stated he has been told the developer has to build out the culverts and ditches on both sides of the road, which is part of the $700,000 expense, and flagmen have to be brought in, which is a payroll expense; but a lot of people do not want the road closed, although they do not understand what is happening.  He stated the City and the County Commission can do a better job of getting everyone together; there is not going to be a perfect solution; but the solution that has been proposed, to dump all the traffic from John Rodes Boulevard onto Sheridan Road, is not a solution at all.

 

Commissioner Nelson stated the biggest mistake would be to kill the project because it is a needed improvement; the second biggest mistake would be to spend $700,000 for traffic flow and expect there to not be an impact; and there is going to be an impact no matter what.  He stated his preference would be to say to the City that the County wants to go ahead with the project but it wants to work with the City and its citizens to come up with a traffic flow it finds most acceptable that allows some concerns to be addressed; and he thinks that is the best message the Board can send.

 

Commissioner Bolin stated she uses John Rodes Boulevard to go south to I-95; and once the Eau Gallie Boulevard intersection was under construction she switched to either Wickham Road or I-95.  She stated the Board needs to communicate with the citizens, but it also needs to keep in mind the long range goal; the impact is going to be there whether it is through traffic or totally open; and the fact that the County would be able to save $700,000 of taxpayers’ money towards a future project is a long range goal in her mind.  She stated from listening to the conversation so far, it seems the project can go forward with the stipulation that the Board look at routing everything  possible  to  Ellis Road  or having  signs on Eau Gallie Boulevard before getting onto John Rodes Boulevard explaining there is going to be road construction.  Commissioner Bolin inquired if the Board could move forward with the project with the understanding that is what is going to be done to move it to Ellis Road.

 

Chairman Scarborough stated Commissioner Colon wants to make a motion to table the item in order to go back to the community.  Commissioner Colon stated she would like to table the item to the July 29, 2008 Board meeting; and inquired if Mr. Denninghoff is comfortable with that timeline.  Mr. Denninghoff replied it can be done, but it will be difficult; there are a number of other things going on during that same timeframe; but he thinks staff can get it done.  Commissioner Colon inquired if Mr. Denninghoff would like the item tabled to August 5, 2008 Board meeting; with Mr. Denninghoff responding he would like to try for the July 29, 2008 date.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to continue the public hearing to consider Resolution, Developer’s Agreement, and Local Funding Reimbursement Agreement for intersection improvements at U.S. 192 and John Rodes Boulevard, to the July 29, 2008 Board meeting.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough called for the public hearing to consider ordinance granting Economic Development Tax Exemption for DRS Sensors and Targeting Systems, Inc.

 

There being no objection heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Ordinance granting an Economic Development Ad Valorem Exemption to DRS Sensors and Targeting Systems, Inc., 100 and 150 N. Babcock Street, Melbourne, Florida; specifying the items exempted; providing the expiration date of the exemption; finding that the business meets the requirements of F.S. 196.012; providing for proof of eligibility for exemption; providing for an annual report by DRS Sensors and Targeting Systems, Inc.; providing an effective date.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to designate Commissioner Nelson to attend a meeting on August 12, 2008, which will involve the primary participants in the Criminal Justice System; and authorize funding for beverages and lunch to be delivered to the meeting site (25 to 30 participants) up to $400.00.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Contract for Sale and Purchase and Addendum with Clifton Daniel Singleton and Lisa Joy Singleton for property needed for the intersection improvements at Hollywood Boulevard and Henry Street.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute County Deed, and Offer and Purchase Agreement, and adopt Resolution in favor of the Florida Department of Transportation (FDOT) for property located on the southwest corner of U.S. 1 and Barnes Boulevard.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute County Deed, and Offer and Purchase Agreement, and adopt Resolution in favor of the Florida Department of Transportation (FDOT) for property located on the southeast corner of Harrell Road and Barnes Boulevard.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant permission to advertise a public hearing for July 29, 2008 to consider home rule ordinance to authorize the direct financing of education and recreational facilities for the Florida Institute of Technology, in addition to student housing and campus food service facilities that will be financed under Chapter 159, Part II, Florida Statutes.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant permission to participate in the Florida Department of Law Enforcement’s Edward Byrne Memorial Justice Assistance Grant Program; and designate the Sheriff’s Office as the point of contact. Motion carried and ordered unanimously. 

 

 

 

Commissioner Nelson advised Items VIII.B.1. and VIII.B.2. will be discussed concurrently; and requested EELs Program Manager Mike Knight give a brief explanation of the two items.

 

Mike Knight, EELs Program Manager, advised the two properties were previously before the Board in November 2007; at the time, the initial negotiated prices on the properties were $10,000 per-acre; and the appraisals had been re-done at the time the Board looked at the project.  He stated the items were tabled due to concerns over value and the upcoming acquisition workshop that was held in February 2008; since that time the appraisals have been updated; the values have dropped to $6,500 per acre; those appraisals were updated as recently as last month; and the Selection and Management Committee has completed the due diligence work for support of the acquisition and recommended the acquisition to the Board for consideration.

 

Paul Schmalzer stated he is on the Selection and Management Committee for the Environmentally Endangered Lands Program.  He stated the two properties in question meet the criteria of the land acquisition manual for acquisition under the EELs Program; and the salt marsh and mangrove communities on the properties are in Group B National Communities identified in the land acquisition manual as tidal marsh and tidal swamp.  He stated the wetlands are used by species of concern, particularly wading birds meeting species criteria; acquisition of the properties will connect Ulumay Wildlife Sanctuary and other public lands to the north and create a connected landscape of approximately 1,200 acres, which meets landscape connectivity criteria; and the properties have been included in the Indian River Lagoon Blueway Florida Forever Project Phase I since 1997 and are considered important for preservation by the State of Florida.  He advised the properties qualify for a potential 50 percent reimbursement from the State; and the recent extension of the Florida Forever Program for an additional ten years increases the likelihood of the reimbursement.  He stated the purchase price of the two properties is at or below the average appraised value; and the appraised values are current as of June 2008.  He noted the Indian River Lagoon is highly regarded for its biological diversity and is a major economic resource for East Central Florida.  He stated there are numerous studies documenting the ecological and economical value of the Indian River Lagoon; wetlands are an important ecosystem; the wetlands of the Indian River Lagoon support populations of water birds and other wildlife, as well as serve as nursery areas for fish; and the remaining wetlands are critical to protecting the biological diversity and maintaining biological integrity of the Lagoon.  He advised wetlands are afforded some protection by regulation, but this protection is by no means absolute; wetland loss to development still occurs; and acquisition of important wetland properties is needed to further protect biological diversity.

 

Vince Lamb showed a video presentation to the Board.  He stated an extraordinary opportunity is available today to complete a mosaic that links the 1,200 acres of public conservation lands from north of S.R. 520 to the Beeline; the purchase benefits endangered species including the wood stork and the manatee; and it provides many benefits to humans.  He stated more effective mosquito controls will be able to properly serve the public when not limited to the rights of private ownership;  and no additional  traffic will ever be present on the busy roads as a result of people living on the  295  acres.  He   stated   the   money   needed   to   purchase   the properties is available through the EEL Program funding that was overwhelmingly approved by voters in 2004; the Selection and Management Committee has determined the properties meet the criteria; the prices have been negotiated below the current appraisals; and the key step remaining is the vote of the Commission. 

 

John Ells stated the acquisition of the properties is the right thing to do; there is a lot written in the newspaper about valuation; as a former project manager, he would have three experts give seven different costs on the cost of a program and one abstention; and the valuations on the subject properties are soft in his opinion.  He stated money is going to be spent out of the EELs Program, which he voted for; getting half the money back from the State is icing on the cake; one resident has told him the County should not buy the property because it will never be developed; and if that were true it would be great, but it is Florida and things change all the time.  He stated he understands the saltwater retention ponds have been under some legal issues as far as maintaining them; and the acquisition will guarantee the County control over the ponds.

 

Maureen Rupe stated the Board knows the environmental significance of the properties; the property is the last large tract in private ownership between S.R. 528 and Sykes Creek; and it is already sandwiched between lands that are preserved.  She stated negotiations have been going on for two and a half years; and she believes this is the last chance for the County to buy it, as it will be developed.  She stated the developer is already working on obtaining permits to develop some of the land; and pointed to an area on a map showing the proposed development.  She advised if the Board wants to save the property it needs to buy it today. 

 

Jack Lembeck submitted materials to the Board and to the Clerk; and advised he is the vice president of The Friends of Ulumay.  He stated he moved to Brevard County from Miami Beach in 2001; before that, he lived in Sanibel Island adjacent to Ding Darling National Wildlife Refuge; and the Board can imagine why he is present today.  He stated he was before the Board in 2003 as the CEO of the Brevard Museum of Art and Science; and he is not unfamiliar with what goes on in the County.  He expressed appreciation to EEL Program Manager Mike Knight and staff for their work, and The Nature Conservancy for its expertise and effort to facilitate the purchase; and stated as a former CEO if he had to take the treatment that has been given to Mr. Knight during this process from various County officials, he would have either quit or found a lawyer.  He stated the EELs Program is an excellent program; and he has 30 years experience in buying precious items and property.  He stated he would like to correct an inaccurate perception that has been perpetuated by a recent article in the Florida TODAY; one error in the article is the presumption of the writer that The Friends of Ulumay was formed to lobby the Board for the purchase of the property; the mission of The Friends of Ulumay is clearly stated on www.ulumay.org; and The Friends of Ulumay was not formulated to lobby the Board of County Commissioners.  He stated the map he presented to the Board shows the connectivity involved in the purchase; it is not a matter of stopping development; and he supports sensible and sustainable development.  He commented on two quotes in the FLORIDA Today over the weekend from a photographer that looks for photographic opportunities from the Merritt Island National Wildlife Refuge, to the Viera Wetlands. 

 

Jim Durocher stated he is the owner of Space Coast Kayaking, and he also represents the Space Coast Paddlers Organization and the Space Coast Audubon Society.  He advised the subject property is exactly why the citizens voted to adopt the EELs Program; stated he has hiked and biked and paddled all through Ulumay; even a small development on the outskirts of the property would change the sanctuary dramatically for the animals and for the people who enjoy visiting the sanctuary; and thousands of people will be visiting Ulumay in the next few years.  He stated the Board bought Thousand Islands last year; at the time, people thought it was a lot of money; but Thousand Islands was actually a bargain for the County.  He stated the purchase of the subject properties would be a huge benefit to the people of Brevard County. 

 

Barbara Venuto stated she bought her house because it is close to Ulumay Wildlife Refuge; she has lived there for 25 years; and she loves Ulumay.  She stated she hikes and bikes at Ulumay; every Christmas she participates in the Audubon bird count and looks for the elusive Black Rail; and that species can always be counted on to be present at Ulumay for the bird count.  She stated three years ago she learned of a private owner of the property who wanted to parcel out his 40 acres of conservation land to turn a $200,000 investment into a $5 million land deal; the owner was going to build a road across the street from her development and cut down most of the trees in the area; and although the zoning changes were not approved, he is still suing the County.  She stated Merritt Island does not have the roads or infrastructure to support more development; and a lawsuit with each owner over property rights is very costly to the County and the taxpayers.  She stated she has the utmost respect for the EELs Program and the seven biologists on the Selection and Management Committee; but she is upset and concerned with the challenges and derogatory remarks made by Clerk of Courts Scott Ellis and the people on the Florida TODAY blog about the EELs Program.  She stated Mr. Ellis and his group is against all of the EELs purchases; in November, Mr. Ellis was given the last word; but she hopes the Board will have the wisdom to purchase the lands at the right price.  She noted the Everglades purchase of $1.75 billion for 300 square miles equals over $9,100 per acre; and that makes the subject purchase a good deal at $6,500 per-acre.  She stated as a member of The Friends of Ulumay, she looks forward to working with the great people of the EELs staff; and The Friends of Ulumay would like to enhance aspects of the park to make it all it can be and a valuable asset loved by all.  She commented on a kayak trip and the large size of the sanctuary.

 

Julie Seberry stated she hopes the Board purchases the subject properties so they can be saved for the future generations. 

 

Doug Sphar stated he would like to ask the Board to support the purchase of the subject properties; and his family is long time recreational user of the Greater Ulumay Wetland System that extends from Sykes Creek Parkway south, and to S.R. 528 to the north.  He stated years ago he took a naturalist through the system by canoe to observe migrating ducks; hitting the water before sunrise they were rewarded with the sight and sound of a great number of ducks; and both the Space Coast Paddlers Association and the Florida Trails Association use Ulumay as a favored paddling destination.  He advised Ulumay now functions as an integrated natural wetland  system; the  DiChristopher  property,  along with  the  adjacent  Boyd property, lies at the  heart  of the system;  not  purchasing  the  properties  could  potentially result in functionally severing the northern portion of Ulumay from the southern portion; and the best way to ensure that does not happen is to provide the benefit of public ownership. 

 

Clerk of Courts Scott Ellis stated he turned in his speaker card like everyone else; and any comments he makes has his name on it for the record, as he does not use an anonymous name.  He advised the only organization that is being sued right now is Brevard County by a former EELs employee.  He stated no one truly wants a full restoration of the subject properties; if the properties were fully restored, all of East Merritt Island would become uninhabitable, as it was prior to mosquito impoundments being installed in the 1950’s; and the properties will not be pristine under any condition.  He stated the County is now paying $2 million for the subject property; in November when he supposedly messed things up, the County was going to pay $3 million; and the County saved $1 million by him messing things up.  He stated his belief is the longer the County waits, the more the prices will fall on the properties, and that is the root of the issue; it has nothing to do with the biology of the property, as it is a financial issue; and that is the issue that has been argued on the EELs Programs for the last three years.  He stated he disagrees with a comment that was made that the EELs Program is all about buying these types of properties; during the first 15 years of the Program, properties purchased were considered to be developable properties; it is only in the last few years that the County has started purchasing properties that have before been considered undevelopable; and in the EELs Manual, developability is supposed to be one of the primary concerns when making a purchase of property.  He stated the comparables and appraisals are all based on land bought for mitigation purposes; land bought for mitigation purposes may be legally an arms-length transaction, but it is not truly arm’s length; and developers do not care if it is $2,000 per acre or $10,000 per acre, as they are going to pay what it takes to do the mitigation and move forward on the project.  He stated all the comparables seen on the projects have to do with mitigation property, as nobody is buying this type of land to develop; the State just went through the biggest land boom since 1926; and the subject properties were not developed then and are under no threat of development.  He stated unfortunately, what the Board has begun to do is put the message to the community, “If you have a piece of property that cannot be developed and you threaten to develop it, the County will come and purchase your property.”  He noted the Board has also set a precedent on its mosquito impoundment of which there are thousands of acres of private mosquito impoundments throughout Brevard County that were done in the 1950’s; if someone sues the County and the first condemnation on mosquito impoundment, it will then move forward and buy their property; and part of the root of the subject purchase is the mosquito impoundments in resolving the lawsuit.  He noted the subject properties were initially rejected as they have not been a high priority; stated the high priority list seems to be everything that is brought before the Board anymore; and high priorities for the EELs Program for 15 years were not wetlands or properties of this type.  He stated delaying on the purchases has saved millions; and many more millions could have been saved if the County would learn to negotiate prices instead of paying people exactly what they want.  He stated the slide show by Mr. Lamb was nice, but it was not necessarily relevant to the financial cost of the property.  He stated 45 years ago in Brevard County there were a lot of flora, fauna, and butterflies that do not exist today;  that  is partly because of  mosquito control,  spraying, and impoundments;  and  if people would like to go back to the way it was in the 1950’s, then they better be prepared to fight off the mosquitoes.  Mr. Ellis stated the County needs to pay prices comparable to what the properties are worth; with the appraiser’s highest and best use, the property was considered mitigation property; and the highest and best use was not development.  He stated just because a property is waterfront does not make it highly developable; the entire south side of the Everglades is oceanfront and no one develops; north of Pasco County is waterfront property that is not developable; and the subject properties were not even developable in the 1950’s and 1960’s when they could have been dredged with a drag line.  He stated he would like the Board to reevaluate what it is paying for the properties and come back with reasonable offers; and if the Board moves forward on the mosquito impoundments, it needs to be prepared to figure out how it is going to buy all the mosquito impoundments in Brevard County at $7,000 to $10,000 per acre.

 

Commissioner Colon stated there are times she agrees with Mr. Ellis and times when she does not; and Mr. Ellis does not support any project that comes before the Board, even if it fits the same category he just spoke of.  Mr. Ellis stated the County continues to pay 2004/2005 prices for property that is developable; and for property that is not developable, it is paying prices that are off the wall.  He stated the EELs Program has gotten out of control the last three or four years with the prices the County is paying for property; and it is amazing how the prices fall if a project is delayed.  He stated appraisers have been before the Board explaining that for the last three years property values are falling all over Brevard County, including beachfront and riverfront; and everything is falling in Brevard County except for cow pastures in Scottsmoor.

 

Commissioner Colon stated the citizens of Brevard County have voted for these kinds of purchases.  She advised the appraisal for the subject properties is one month old; the price has come down tremendously; the Selection Committee and the community support the purchase; and once again, Mr. Ellis is telling the Board not to purchase property.  She inquired if there is a piece of property Mr. Ellis believes the citizens would want.

 

Mr. Ellis stated 70 percent of the voters for EELs did not vote to be ripped off and overpay for property; the Board has been grossly overpaying for EELs property over the last three years; and people in real estate and banking believe the Board is the laughing stock in the County for what it pays for these types of properties.  He stated there was a Parks and Recreation referendum that was passed by the voters; but that does not mean the County grossly overpays for projects in Parks and Recreation.  He stated the Board has a fiduciary duty to the citizens of Brevard County to spend money wisely when it has been appropriated by referendum; and it has not been done so on the EELs purchases.

 

Commissioner Colon stated the Board has asked Mr. Ellis if there is any appraiser he is comfortable with and that he respects in the community. Mr. Ellis stated the commercial appraisers are not approved by DEP; one has to be a DEP-approved appraiser for these types of purchases to be eligible for reimbursement from the State; and therefore, commercial appraisers that actually purchase property for development for a living cannot be used to appraise  the  subject  properties  unless  they have a  DEP certification.   Commissioner Nelson stated in fairness, some of the appraisers do commercial appraisals; they cannot be all lumped into one group; and he does not want people to think the Board has selected the one category of appraiser, or that the State has.  Mr. Ellis stated he understands the Board must have appraisers on a certain State list; and therefore, there is a limited range of appraisers that may be selected to do the appraisals.  Commissioner Nelson advised some of the appraisers make commercial appraisals; and commercial appraisers are not a different category of appraisers.

 

Mr. Ellis stated the County’s biologists evaluate for biological needs, and not base price; there is no one on the EELs Selection Committee who deals with real estate or appraisals; properties are selected for biology reasons; but there should be someone on the EELs Selection Committee who knows land; and two years ago he recommended the Board hire a professional appraiser to be on staff.  Commissioner Colon inquired why the Board would hire someone when it goes outside and hires folks who do appraisals on a regular basis versus having someone who would only strategically do it twice a year, or whenever a purchase comes before the Board; with Mr. Ellis responding the same reason the Board has an architect on staff and an engineer on staff; and there are professionals on staff to evaluate the work that is done for the Board on a contract basis.

 

Commissioner Colon stated when the prices are high she agrees with Mr. Ellis; but now the Board has an opportunity to purchase some land that falls in line with exactly what the citizens voted for; and inquired what piece of property in Brevard County does Mr. Ellis feel the Board needs to purchase, because he has criticized every single property the Committee has recommended.  Mr. Ellis stated every single one was criticized on price.  Commissioner Colon stated Mr. Ellis is criticizing the current purchase based on selection.  Mr. Ellis stated it is based on price, and the Board is paying too much.

 

Mary Hillberg stated she is currently the Chair on the North Banana River Drive Small Area Study; and she has studied the area in question in detail.  She stated she would respectfully request the Board do what the people of Brevard County requested it do, follow the guidelines the Selection Committee has given, and purchase the property now.  She advised the developer is moving forward with plans to develop the property; and the area cannot tolerate more density.

 

Charlie Venuto stated he has been an environmental professional for 27 years; the properties in question can be developed; and anyone who said they cannot be developed is naïve.  He stated he has led the last dozen years’ Audubon Christmas counts; every year there are over 50 species at the refuge; he can only imagine once it is connected and there is some restoration, how many more species there are going to be; and he is excited about what the expansion will do for the wildlife corridor.  He stated he has a master’s degree in environmental science, an environmental degree from Polytechnic, and an educational degree in science and biology; he teaches biology and environmental science at the community college; and the biological value of the land cannot be measured.  He stated he would like Mr. Ellis to explain the recreational and educational value of the land; in 10 or 20 years, Ulumay is going to be the Central Park of Merritt Island;  and  people are going  to  remember  the Board for its foresight in buying the land  to  keep the area sustainable.  Mr. Venuto  stated years  ago he was  for property rights by making sure people got compensated, and now he is against it; and he does not understand the flip-flop, but it is significant.  He stated he would encourage the Board to purchase the property for posterity and for the children.

 

Susan Meade stated she supports the purchase of both the DiChristopher and Boyd tracts of land; the purchase will add 195 acres of land to the Ulumay Wildlife Refuge, making for a larger bird sanctuary which will attract more visitors and tourist dollars to the area; and the purchase will allow access to Brevard County citizens to enjoy the land in a responsible and more productive way.  She stated the purchase will also keep intact the biological and ecological importance and diversity that the properties afford to the community; and the purchase will stop any adverse impacts to the existing sanctuary that may happen due to future development plans once permitting is received to build homes.  She noted the Board missed an opportunity to purchase the property in November 2007; but fortunately, today, the Board is presented once again with the same opportunity at a much lower price; and the owners cannot be expected to just give the land away, but at $6,500 per-acre, the price represents one of the lowest prices the County has ever paid for a tract its size, along with the benefits that will be received.  She stated when considering the recent purchases of the Thousand Islands at Cocoa Beach, the Island in Melbourne’s Turkey Creek, and the 40-acre tract in Melbourne Beach, the purchase is a true bargain for the EELs Program; and she urges the Board to approve the purchase of the land. 

 

Nancy Bindig stated she is in support of the purchase; she and her husband voted in the 2000 and 2004 EELs referendum to approve the monies set aside for purchases of conservation lands; and she believes the middle section of land at Ulumay is an important section to add.  She stated she cannot speak to the scientific or financial aspects, but she knows it is a valuable tract of land that if approved for purchase will far outweigh its benefits in the future.  She stated she urges the Board to approve the purchase in order to maintain the ecological balance to preserve the area.

 

Lyle Zody stated he is an avid supporter of the EELs program; there is concern over whether now is the right time to buy, and if there would be a lower price in the future if the Board waited; and trying to predict the market is like trying to predict what the weather will be next month.  He stated he would encourage the Board to act as a land investor rather than a land speculator because purchasing the properties would be an investment for the County. 

 

Maria Skahn stated she strongly supports the purchase of the subject properties; the land is important to her; and if it is not protected now, it will be developed, and the wildlife will disappear. 

 

Caroline Skahn stated she hopes the Board votes to purchase the two properties because if not protected her home will not be the same; more traffic on the road will make it more difficult to leave her neighborhood; and during hurricanes and storms water will flood into the older neighborhoods and homes.  She stated she is worried when she leaves for college in a few years she will return to a more Miami-like Merritt Island. 

Jim Egan, Executive Director of the Marine Resources Council, stated very few, if any, appraisers ever concentrate on just doing the State-approved appraisals; very often, the most experienced appraisers will get the extra certification in order to appraise the DEP-style appraisals; and anytime someone is doing an appraisal on behalf of land acquisition in the State of Florida, they are put through extra care in terms of generating all the proper evidence to show the County it is not being ripped off.  He stated in looking at data, the appraisers typically undervalue relative to the sale price that can be seen; on average, State-approved appraisals tend to be approximately 80 percent of market value according to studies that have gone on; and in a situation where appraisals are rising, it is difficult because it is being based on the past and the market price is speculative; but in the current case it is trickier because the price has gone down or has remained the same.  He stated the Board has been lucky because the market has gone down and it is saving $1million; it is unlikely the Board will be lucky again because the property owners do not like getting caught up in the multi-year negotiations; and everything is developable under the right circumstances.  He stated when developing a property such as the subject property one would put a conservation easement on a tremendous part of the property, which then gives the mitigation to develop the portions the developer wants; and that is how properties are developed all the time.  He advised mosquito impoundment management is currently consistent with restoration; a lot of native species have been lost since the 1950’s because of development, and not mosquito impoundment; and the current estimate is that over 80 percent of the wetlands that were once available to Florida have been developed.  He stated in terms of the Indian River Lagoon there are less wetlands historically than any estuary on the entire Atlantic coast; and there is more per-capita impact to those wetlands than any estuary in North America.  He stated preserving the existing wetlands is critical for habitat and in terms of the filtering capacity for cleaning up nutrients and it removes development impacts which just become a liability instead of a benefit; and it has flood benefits in that it becomes a natural sponge. 

 

Joe Cryer stated he moved to Brevard County three months ago from Maryland; in Maryland he was actively involved in government; and his observation is the Board has to look at the job market.  He stated when he worked in private industry the biggest thing that was looked at was proximity to Parks and Recreation; the purchase is not only in the best interest of the children, but it also can be a differentiator between the County and other competing counties for economic development; and it would be advantageous for new employers to bring their people to Brevard County. 

 

Commissioner Nelson inquired what the impact has been to the sanctuary as a result of the mosquito impoundments; with EELs Program Manager Mike Knight responding he cannot speak about any potential negative impacts, but having that land adjacent to the sanctuary has provided an extension of the sanctuary for that period of time, even though it has been in private ownership.  Mr. Knight stated the impoundment area has had some reconnection made to the Lagoon and that has helped, but there is a need to attempt to do more of that reconnection.  He stated there are also a significant amount of invasive species in the ditch areas of the properties that would need to be restored as well; and by bringing more water into the area from the adjacent  Sykes Creek and  Indian River Lagoon and getting  more mangroves, it will allow for a higher water quality.  Commissioner Nelson stated he knows the impoundments have created some problems because the invasives have given them a route to get into the area; but generally the area has retained what it would have been years ago before the impoundments; and the water flow being restored is going to help that.  He stated while it is an impoundment, it still has significant biological benefit and purpose; and people think of impoundments as big ponds and Ulumay is far from being a big pond.  He inquired if the Blueways Program was put on the A list in the late 1990’s.  Mr. Knight replied he does not know the exact timeframe; but it has been on the A list for quite some time, which means it is eligible for 100 percent State funding. 

 

Commissioner Nelson stated the question was raised about why EELs is looking at these types of properties now versus when the Program was first created in 1990; the reason is that the State has also given a priority to restoration of these types of properties along the Lagoon; and the Selection and Management Committee has responded in turn, which is that they have also looked at them.  He stated it is the natural progression to look at those issues on any type of environmentally endangered lands-type program; it is not a coincidence that suddenly the properties were looked at; and it was based on the fact that the State has made the properties a priority as well as the County has locally.  He stated Mr. Ellis is correct in that the Board was able to negotiate a lower price; but he does not know if he is willing to do that again because there is a value to putting the issue to rest; and the community is in favor of the acquisition.  He added he does not know how to put a value on the environmental, education, and recreational uses; what has been done to the Indian River is death by a thousand cuts; if people knew 30 or 40 years ago what they know today, much of what is on Merritt Island should never have been developed; and now the County is spending millions of dollars to retrofit.  He stated the Board should move forward with the acquisition; it is a reasonable price; and it is a long-term investment.

 

Commissioner Colon stated it bothers her when people do not tell the truth; people are sending out rumors that the County is under tremendous budget constraints and therefore, the dollars should be able to be spent elsewhere such as roads; but the dollars cannot go anywhere else other than these kinds of properties that are approved by the Selection Committee.  She stated there have been times in the past when she has had issues with appraisals; but she stands behind any decisions she made in the past because in good faith she felt the Board should not move forward; and Thousand Islands is a good example because she was able to visit and educate herself on the matter.  She inquired if Mr. Schmalzer would state again how the Selection Committee came about choosing the subject properties, and also how the Selection Committee was put together in a particular way so it is away from the Board of County Commissioners. 

 

Mr. Schmalzer stated the Selection and Management Committee is comprised of seven individuals who are all scientists with many years of experience; and most of the individuals have been on the Committee for a long time.  He advised one function of the Committee is to evaluate properties brought to it by willing sellers; another function is to look strategically for properties  that  are  important to  protect biological diversity of the County;  and  the Committee directs staff and The Nature Conservancy to look for willing sellers in priority areas.  Mr. Schmalzer noted there are two ways in which properties come to the Selection and Management Committee; one way is that owners submit an application as willing sellers because they consider their property appropriate; the Selection and Management Committee uses the criteria established in the Land Acquisition Manual; and if it is a property the Committee thinks is significant, it will schedule a visit with one or more members of the Committee and EELs staff.  He stated every property that comes to the Board for a vote or purchase has been through quite a long process of evaluation that starts with an evaluation of its ecological value; the Committee takes three votes; one is a first majority vote, which is an authorization to get appraisals for the property because it considers that it meets the criteria of the Program; and the next step is to see what the economic value is of the property and whether it can be accommodated into the budget.  He advised after the appraisal process there is a second majority vote to authorize negotiations; and that directs The Nature Conservancy to begin negotiation with the owners.  He stated when The Nature Conservancy has contract terms established it goes back to the Selection and Management Committee a third time for a vote for approval of the general terms of the contract; and it is at that point that it comes to the Board for a decision to purchase or not.

 

Commissioner Colon stated in 2003 and 2004 the prices were at a point where they were reasonable; in 2004, 2005, and 2006, those prices went so high that at that point with the money the Board had it was not able to afford it any longer; and that is why she had an issue last year when the prices started going down.  She stated right now the County is in a position where it is back to the 2004 prices; and the prices are at a point where they are steady.  She stated the Board’s job is to scrutinize and look at every scenario; that is why she appreciates the fact that it is an independent committee that looks at the property; and after the Committee makes its recommendation, it comes to the Board.  She stated she has a problem when folks keep coming to the Board and find every excuse to knock down a property; it is not based on facts, it is based on trying to hurt a project the citizens voted for; and whether anyone likes it or not, the citizens voted for it.

 

Mr. Schmalzer stated Commissioner Colon is correct; during the speculative market of 2005 and 2006, the Committee was not able to get contracts because by the time there was an appraisal done, it was out of date because the market was going up at such a rate; and it was only when the market slowed that there began to be ecologically significant properties again become available.

 

Chairman Scarborough inquired if mosquito control is worth preserving; and to what extent is the subject parcel surrounded by Ulumay a factor in the decision of the Selection Committee suggesting it for purchase.  Mr. Schmalzer replied the connectivity from Ulumay through the subject property to other County properties was a large positive consideration in the decision to recommend the property; and mosquito control will remain present on the lands because of the requirements of mosquito control and the salt marsh mosquitoes.

 

 

Chairman Scarborough inquired if Mr. Schmalzer is recommending the Board purchase mosquito control just because it is mosquito control and that because it is environmental property it should be purchased; with Mr. Schmalzer responding it is not a blanket recommendation for purchasing all mosquito control impoundments that are not already in ownership.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to approve the Assignment of Option for Sale and Purchase of the Michael A. DiChristopher Property and the Mary Ann St. John Ray, Samuel L. Boyd, and Sykes Creek Property, Inc. Tract; authorize the Chairman to execute the Assignment of Option for Sale and Purchase; and authorize staff to exercise the Option for Sale and Purchase on or before July 28, 2008.  Motion carried and ordered unanimously. 

Dick Martens, Utility Services Director, stated with the downturn in the housing and the previous discussions about building a South County water plant, a revenue sufficiency study has been done by a consultant who is bringing back some recommendations on changing rates; and to change rates there will need to be a public hearing.  He stated the notice requirements to get into the newspaper and individual notifications on each water bill are such that in order to have a public hearing at the August 19, 2008 meeting, he added to today’s agenda to advertise the public hearing to give time for the City of Cocoa to get the announcement on its water bills in time for the August 19^th meeting.   

 

Chairman Scarborough stated recently the City of Titusville increased water rates; the notices were sent out to residents; and then the City had a public meeting.  He stated right now is a hard and difficult time; he would like for the Board to have a chance to read any notice to review and comment; and if the Board proceeds, it needs to make sure all the Commissioners feel comfortable with what is being sent out to the constituents.  Mr. Martens stated at the bottom of the agenda are the words being proposed to add to each notice; and the first two lines are the text that will appear on the Mims water bills.  Chairman Scarborough stated the lines do not say what the rate will be; with Mr. Martens replying staff is limited to how much it can add to the notice.  Mr. Martens stated for the newspaper advertisement there is alternate language that includes the monthly impact for each of the three customer classes; and that can be circulated to the Board before it is published in the newspaper.  Chairman Scarborough stated instead of the notice saying there will be an adjustment it needs to say there will be a rate increase.  Mr. Martens stated he has noted that change.  He stated Utility Services is part of the July 17, 2008 Workshop; and he will be making a detailed presentation to the Board on the background for the water and sewer rate schedule.  He advised the rate consultant will be present to make his specific presentation at the August meeting.  Chairman Scarborough inquired if there will be a specific rate increase; with Mr. Martens responding affirmatively.

Mr. Martens stated the City of Cocoa has had requests from other municipalities to add text to the water bill; and he does not believe there is room to add anything else.  He stated the actual proposal will be for a multi-year increase; the numbers the consultant is recommending are an 11 percent increase the first year followed by two subsequent eight percent increases; and that includes three percent each year for cost of living, and a certain amount is for the recovery of the loss of income.  He stated the increase is equivalent to approximately a $3.00 increase per month on the average sewer customers for each of the three years.  Chairman Scarborough stated without the compounding factor it is a 27 percent increase; with Mr. Martens responding that is correct.  Chairman Scarborough inquired what the rate increase is when compounded; with Mr. Martens responding in adding the dollar per-month increases on the average sewer bill, it came out to $9.09 per month.  Mr. Martens advised when staff compounded the rate, the total increase on the average County sewer bill was approximately $9.00 per month at the end of the three-year period.

 

Chairman Scarborough stated he would like to see additional information.  Mr. Martens stated if he can fit it in the notice, he can use the words, “A rate increase over three years of eleven percent, eight percent, and eight percent.” 

 

Commissioner Nelson stated the Board has not had a discussion about the need for a rate increase and a notice is being sent out for it; typically, a discussion would be held first as to why the Board is considering an increase; and it would be his preference to have a discussion.  Chairman Scarborough stated he agrees with Commissioner Nelson. 

 

Mr. Martens stated regardless of the other issues such as the capital program and the loss of revenue, there are certainly some reasonable options or alternatives that need to be looked at for next year’s budget; based on projections, if delayed past the first of October there will be a shortfall in 2009 in the minimum requirements by the bonds; and for every month implementation is delayed there will be a larger percentage increase to make up for that. 

 

Chairman Scarborough inquired when Mr. Martens will be making his presentation to the Board; with Mr. Martens responding next week.  Chairman Scarborough stated next week the Board can consider action.  Mr. Martens stated the budget can be adopted separately.  Chairman Scarborough inquired if the rates can be sent in at any time; with Mr. Martens responding affirmatively.  Mr. Martens stated he does not know if he can give the Board a budget to be approved with the rest of the County budget that is out of balance.  Chairman Scarborough stated the Board can approve the status quo budget and then amend the budget as it does from time to time.  Chairman Scarborough stated caution is important in the matter.

 

The Board reached consensus to defer action to authorize staff to advertise and conduct a public hearing on August 19, 2008 to consider service fees, rates and charge, for the Countywide and Barefoot Bay Water and Sewer Systems. 

 

 

 

County Attorney Scott Knox stated the item was created by the virtue of the passage of House Bill 1577 by the Legislature in 2006; that House Bill required the issue as to whether the County should impose a Charter Amendment tax revenue cap into its Charter as a part of a referendum held in 2007; and that referendum was approved by the public and the Board retained Attorney Allen Watts to prepare the amendment.  He advised the amendment has been prepared and returned to his office a month ago; stated the Board has also authorized a legal panel to go forward and review the amendment; and the Board is trying to ratify that in the proposed resolution.  He stated the legal panel is in place and has the amendment to review; and if the amendment is approved, then the Board can go forward with a referendum if it chooses to, using the resolution as the format for doing that. 

 

Commissioner Colon stated she wanted the item on the Agenda because it is what the citizens voted for in January. 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution calling a special election to determine whether to create a section of the Home Rule Charter to provide for the restriction of the rate of growth in ad valorem tax revenues for County purposes, and, when imposed by the County, for municipal or district purposes, providing exceptions upon a finding of necessity due to emergency or critical need by a supermajority of the Board of County Commissioners, providing for certain exclusions in the computation of the initial rate of taxation which is subject to such restriction; and providing that the amendment be submitted for review to a panel of three lawyers in accordance with the provisions of Section 7.4A of the Brevard County Charter.  Motion carried and ordered unanimously. 

 

 

Chris Stagman stated the Brevard Alzheimer’s Foundation worked with the Legislative Delegation during the last session, in particular with Representative Poppel and Senator Haridopolous, to file legislation to revamp the Revenue Maximization Act.  He advised the original bill was passed in 2003; it allows the local communities to gather resources to send to the federal level as a local match requirement to draw down federal funds; and it is basically leveraging dollars.  He stated as the Board is aware, with the budget crunch in Tallahassee, the main funding stream is the general revenue budget for a lot of the programs that impact elders and children; because the money is not available in Tallahassee the County is not participating in drawing down and maximizing for programs in local communities; and what Representative Poppel and Senator Haridopolous did was file legislation which ironed out a process for elder services.  He stated the bill got shot down on a lot of fronts; however, what was able to be done was to come up with a compromise that everybody was happy with; the language was lifted from the bill and put in a conforming bill; and on the last day of the session, the Governor signed it.   He stated the Brevard Alzheimer’s Foundation is currently working with the Department of Elder Affairs and the Agency for Healthcare Administration to iron out an administrative process in which it can take local dollars from Brevard County and send as a local  match to draw  down additional  federal  money to  bring  back  to  the community to serve elders.  Mr. Stagman stated when he met with Chairman Scarborough and Joe Steckler last week it was thought that by putting dollars on the board early, the process could be kick-started; however, since then he has found there is legislation that is interested in opening it up to not just elder services, but things such as substance abuse dollars, dollars for children’s issues, folks with disabilities, and Baker Act money; and he is asking the Board to not worry so much about the dollar amount because it is premature.  He stated what the Brevard Alzheimer’s Foundation would like to do is have the Board authorize County Manager Peggy Busacca and her staff to work with the Brevard Alzheimer’s Foundation to iron out a process that will make it happen quickly.  He stated just in the elder services, which he deals with, there are 40,000 elders statewide on the waiting list for services under the Medicaid Waiver Program; and there are 751 Brevard County residents waiting for services. 

 

Chairman Scarborough stated the concern was that while the windows were opening up, the Board needs to be prepared to go forward; and he would like Commissioner Bolin to sit in along with Ms. Busacca and staff. 

 

Commissioner Colon stated she thinks it is a wonderful opportunity; it is not committing the Board to anything; and it is basically allowing the masterminds of Brevard County to come together. 

 

Commissioner Nelson inquired if the dollars are new federal dollars, or are they dollars the State is no longer funding the match; with Mr. Stagman responding they are existing programs under title; and unfortunately, there is a lot of wrangling in Tallahassee, and it is tough times for everyone.  Mr. Stagman stated the general revenue dollars in the State budget are precious; State Legislators have a hard time trying to figure out where the priorities are; but what the revenue maximization does is let Brevard Alzheimer’s Foundation prioritize what folks in Brevard County need; and the Foundation will put up the local match requirement to match requirement to draw down the federal monies. 

 

Commissioner Nelson stated it is basically State mandated.  Chairman Scarborough stated Mr. Stagman shared with him that the Southeast Florida Region had been more aggressive in structuring prior programs. 

 

 

John Gargis stated he is the Chairman of the Space Coast Chapter Committee that is presenting the application; and with him is Andrew Poshank who will speak on his behalf.

 

Andrew Powshok stated he is a professional land surveyor registered in the State of Florida and he is speaking on behalf of the Space Coast Chapter of Professional Land Surveyors.  He expressed appreciation to the Board for allowing the Chapter to apply for representation on the upcoming Landscape Ordinance Task Force; and the current Ordinance has created policies and   regulations  which   professional   land  surveyors   must   take   into   consideration   when performing the duties as set forth by the State of Florida.  He stated the Ordinance has had time in application, and new challenges have arisen that have facilitated the need for the organization of a new task force; the previous task force did not have any representation by professional land surveyors for input into the measures needed to depict and describe the ideas set forth by the team who created the Landscape Ordinance; and he would like to ask that the Space Coast Chapter of Professional Land Surveyors be considered for a position on the new task force.  He stated the Chapter feels a surveyor could, and would, provide vital support and experience in the discussions that will take place; the Ordinance imposes permit requirements, procedures, and data collection techniques which are somewhat in conflict with the required duties of professional land surveyors; and therefore, the Chapter feels land surveyors are best qualified to work with the task force to portray the conflict and work or a resolution.  He stated he hopes the Board will recognize the importance and necessity for a professional land surveyor to be on the task force.

 

Ernie Brown, Natural Resources Management Director, stated the request from the surveyors is a concern that was addressed during the last task force meeting; and the issues of particular concern relate to the requirement for a permit to obtain or perform survey work, scrub oak size criteria as it relates to trees, and calculating DBH versus caliber when doing tree surveys.  He advised those are critical issues that need to have surveyor input as they move through the process; surveyors provided input during the last task force and that information was pooled together; and they were not actually members of the task force, but that was pooled from the surveying community to receive input.  He stated those components are a small fraction of the actual overall Landscaping Land Clearing Ordinance; while Natural Resources Management knows it needs input from the surveyors, there are concerns about adding or subtracting people from the task force; and commented on the balance and size of the task force as the task force would be unmanageable at 30 or 40 members.  He advised the recommendation before the Board is to add the surveyors to it, recognizing there could be a Pandora’s Box consequence, or direct staff to work with them on their specific issues and bring back a separate set of recommendations, or just encourage the surveyors to come to the public meetings and provide input. 

 

Commissioner Nelson inquired if the surveyors could serve as ex-officio member who sit at the table but do not vote.  He stated there are some committees that have that kind of representation, so it gives them the ability to participate actively in the discussion, but it does not change the balance Mr. Brown spoke of; and it will give the surveyors an opportunity to comment throughout the process as a member, but not as a voting member.  Mr. Brown inquired if that would increase the ex-officio member responsibilities for other organizations.  Commissioner Nelson replied yes, if there were other organizations that came in and gave a case that was sufficient;  the surveyors  are  going to be able to  advise  from their perspective about the issue, but then not vote to change it; and ultimately the committee that has already been established will do that.

 

Commissioner Colon stated it is not a decision that has to be made today, but she is in support of the surveyors being voting members on the task force; the surveyors have already met with staff and attended the meetings; and it is the only group she has heard of in the last year and a half  that  is   interested.   She  advised   she  is  very  comfortable  with   allowing   there   to  be representation from the surveyors and being able to get feedback; stated she does not think it throws the task force off balance; and inquired how many people are on the task force now.  Mr. Brown replied currently under the existing Resolution there are 11 organizations represented and the additional five, for a total of 16 members; and from the professional trade entities there are the American Society of Civil Engineers, which work closely with surveyors.  He stated the Homebuilders and Contractors Association and the International Society of Arborists also work closely with surveyors. 

 

Commissioner Nelson stated sometimes there are surveyors who are owner representatives for zoning projects and that puts them in the development side; and adding surveyors to the task force will throw off the balance.  Commissioner Bolin stated she is not prepared to move forward with any action because she would like to research the issue some more.  Commissioner Colon stated she agrees with Commissioner Bolin.  Mr. Brown stated staff will bring back a more detailed report for the Board; but the surveyors will be added to the distribution list and will be involved in all conversations.

 

  

 

Chairman Scarborough stated he asked staff what funds were in District 1; but when he looked at the transportation impact fee, the amount in District 1 went down substantially more than in the other districts; and when he looked at the educational impact fee it went down substantially less in District 1.  He stated apparently the transportation includes the non-residential; the educational is only on the residential; and he asked for a breakdown between what was generated between the two, but that information was not available.  He stated he would like a report breaking it down not by phone numbers, but by Districts showing the differences between the different Districts and a matrix showing the movements in the different Districts; and if impact fees go down, they should do so in some like manner between education and transportation unless it is justified in the manner in which it is collected.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve Budget Change Requests for the Correctional, EMS, Educational, Fire/Rescue, Library, and Transportation Trust Funds; and direct staff to provide additional information in the form of a matrix, breaking down the funds by Districts.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the project funding recommendations as prepared by the Technical Advisory Committee for the South Mainland Transportation Impact Fee Benefit District; authorize the Budget Office to execute any budget changes required to implement project appropriations; and authorize the Chairman to execute a Disbursement Agreement with the City of West Melbourne.  Motion carried and ordered unanimously. 

 

 

 

County Manager Peggy Busacca advised during the break she spoke with Commissioner Voltz who wants to make two appointments to the Surface Water Protection Working Group and the Landscaping Land Clearing and Tree Protection Task Force.

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to appoint Troy Rice to the Surface Water Protection Working Group, with term expiring December 31, 2008; and appointed Bruce Moia to the Landscaping, Land Clearing and Tree Protection Task Force, with term expiring December 31, 2008.  Motion carried and ordered unanimously.

 

 

 

Commissioner Colon stated Napa County, California has Safety Goals and Policies that focus on the outreach planning and operations in order to reduce loss of life, injuries, and damage to property by fire, floods and other damages.  She stated she is concerned with a lot of the land acquisitions that are going on in the Country and leading into money going into the hands of terrorist groups.  She stated the particular policy in California states, “All new commercial and multi-family development shall be referred to the Sheriff’s Department for review of public safety issues.  If the proposed project is adjacent to, or within an incorporated city or town, consultation with their law enforcement agencies shall be required.”  She advised the next policy states, “The County will prepare for and respond to emergencies related to terrorism and civil unrest in the same way as natural and manmade disasters.”  She noted other communities are starting to look at the policy, and she would like staff to research it to see if it something the Board would want to entertain. 

 

Chairman Scarborough stated Commissioner Colon can contact one of the Commissioners in Napa County and the staff in Napa County can meet with Brevard County staff.  Commissioner Colon stated she will do that.

 

 

 

Upon motion and vote, the meeting adjourned at 12:55 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)