MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

August 21, 2007

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 21, 2007, at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon,  Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Reverend Sandy Hill, Good Shepherd Church, Melbourne, Florida.

 

 

Commissioner Mary Bolin led the assembly in the Pledge of Allegiance.

 

 

 

Chairperson Colon stated school started yesterday; and reminded everyone to slow down when driving. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Minutes of the June 26, 2007, July 11, 2007, and July 16, 2007 Workshops.  Motion carried and ordered unanimously.  

 

 

EMPLOYEE LONGEVITY RECOGNITION, RE:  25 AND 30-YEAR RECIPIENTS  

County Manager Peggy Busacca advised of the work history of Diana D. Cericola of the Criminal Justice Services Department, Karen Wines of the Road and Bridge Department, and Timothy Hilton of the Solid Waste Department; and congratulated them on 30 years of service to Brevard County.  Chairperson Colon presented plaques to Ms. Cericola, Ms. Wines, and Mr. Hilton.  Ms. Busacca advised of the work history of Coreen Ferrante of Animal Services & Enforcement Department, Stephen Fillicelli of the Fire Rescue Department, Douglas Major of the Road and Bridge Department, Judy Lewellen of Transit Services Department, and Chief Bill Farmer of Fire Rescue; and congratulated them on 25 years of service.  Chairperson Colon presented plaques to Ms. Ferrante, Mr. Fillicelli, Mr. Major, Mr. Lewellen, and Chief Farmer. 

 

Neta Harris, Executive Director of the Brevard Nature Alliance, stated she brought the Board copies of the Economic Impact Report of the 10^th Annual Space Coast Birding and Wildlife Festival that was held on January 24 – 28, 2007.  She stated the Brevard Natural Alliance presents the festival each year; in the five days of the festival the attendees, exhibitors,
sponsors, and others brought a total economic impact of $930,000 into Brevard County; and she also included a summary and the attendance information.  Ms. Harris stated there were almost 3,200 people at the festival, which is a big attendance for a birding and wildlife festival; they are the top festival in the United States; and they are nationally and internationally recognized as a premier festival.  She stated they are looking forward to an excellent festival in 2008; it will be held January 23 through 28^th, 2008; and she will be bringing her animal show to the Board at a time closer to the festival.  She stated the Board has always been willing to allow them to come and show some of their activities; and thanked the Board for helping with funding through the Space Coast Office of Tourism with a co-op advertising grant.  She stated the grant helped them advertise outside of the County and reach a lot of people they would not have otherwise reached; and expressed special appreciation to Commissioner Scarborough and his staff for their input and assistance.  She stated the Space Coast Office of Tourism and Mr. Varley’s staff has been very helpful in providing assistance for advertising and getting the word out about the festival; and she brought the Board a history of the Brevard Nature Alliance.  She stated anyone having questions can contact her; and reiterated her appreciation for the Board’s continued support.  She advised the 2008 festival will be January 23 through 28, 2008 at the Titusville Brevard Community College campus.        

 

Commissioner Scarborough stated he is very proud of Ms. Harris, Laurilee Thompson, and the others who in ten years have moved this festival from nonexistence to the number one festival on the North America continent.  He stated that says a lot about the type of people that are in Brevard County.  Ms. Harris stated coming to a birding and wildlife festival is a personal experience; and they try to enhance that by talking to people all over the world to help them understand what Brevard County is about.  She stated people are already making their hotel reservations and transportation arrangements to get to the festival in January 2008.   

 

Chairperson Colon stated it is a wonderful event; and she would encourage the community to put it on their calendar.  She noted last year someone from Ecuador, where she was born, attended; and commented on stopping to enjoy the beauty of Brevard County.  She stated people come from all over the world to see the beauty that is in our backyard; and people are not taking advantage of that. 

 

Tourism Development Executive Director Rob Varley stated he wants to brag about Ms. Harris and the Brevard Nature Alliance and what they have done to promote nature tourism in the County; they have created the Great Adventure Guide because of this group and their expertise; and not only did the festival garner national and international attention; but entities like Nikon came to sponsor because they saw the value of the festival.  He stated this puts Brevard County on the map; and birders are coming to the area year-round as a result of the festival.  Ms. Harris stated ecotourism is alive and well in Brevard County. 

 

Chairperson Colon expressed appreciation to Commissioner Scarborough for leading the charge.  Commissioner Scarborough advised with Ms. Harris and Ms. Thompson if one does not get out and lead the charge, one could get trampled. 

 

 

 

Commissioner Voltz read aloud a resolution proclaiming the month of September 2007 as National Alcohol and Drug Addiction Recovery Month. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt a Resolution proclaiming the month of September 2007 as National Alcohol and Drug Addiction Recovery Month in Brevard County.  Motion carried and ordered unanimously. 

 

 

Kay Heimer, President and CEO of Prevent of Brevard, expressed appreciation to the Board for the support. 

 

Chairperson Colon stated if more money was going into prevention the Board would not be expanding the jails; and commented on everyone working together. 

 

Ms. Heimer stated everyone knows what substance abuse does and the cost in lives and dollars; and everyone must work together until the problem is impacted.  She stated the problem impacts every level of society; and no family, institution, or workplace is exempt; everyone needs to continue working together to make a difference; and expressed appreciation for the Board’s support of Sally’s House.  Commissioner Voltz presented the Resolution to Ms. Heimer. 

 

 

 

Commissioner Nelson introduced Mary Williams, Virginia Coney, Virginia Perry, and Reverend Jimmy D. Howard, Sr. of the Greater Mt. Olive A.M.E. Church. 

 

Commissioner Nelson read aloud a resolution recognizing and congratulating Reverend Jimmy D. Howard, Sr. for his service to the community and leadership of the Greater Mt. Olive A.M.E. Church. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution recognizing and congratulating Reverend Jimmy D. Howard, Sr.  Motion carried and ordered unanimously.

 

 

Reverend Howard expressed appreciation to the Board; and stated if he can be of any help, he is at the Board’s disposal.  Commissioner Nelson presented the Resolution to Reverend Howard.

 

 

 

Commissioner Nelson stated Paul Pettit’s son is just back from Iraq; and the Board gave him a round of applause.  He stated Paul Pettit had the pleasure of becoming involved in a dredge and fill permit; there is probably no more difficult process because it involves dealing with local, State, and federal agencies; and Mr. Pettit and Darcy McGee bonded during this process.  He
read aloud portions of a letter from Mr. Pettit expressing appreciation to Darcy McGee for her work on the Honeymoon Lake Inlet Project; and presented a plaque to Ms. McGee. 

 

Paul Pettit expressed appreciation to Ms. McGee, Natural Resources Management Director Ernie Brown, and Commissioner Nelson. 

 

Chairperson Colon stated the Board is grateful to Mr. Pettit’s son; and it owes more than a standing ovation to all the men and women who are overseas fighting on behalf of the country for the freedom of others.  She stated the Board is supportive of the military; and advised of seeing soldiers being trained.  She stated the Board is honored by Mr. Pettit’s son’s presence; and recommended he not listen to the media because America loves, respects, and admires its men and women in uniform.   

 

 

 

County Manager Peggy Busacca stated the applicant for item VII.B, Citizen Request – Warren Beans, Re: Waive Requirement To Pave Primrose Drive, has requested it be removed from the Agenda. 

 

County Attorney Scott Knox requested item VIII.E.2, Settlement Agreement, Re:  Brevard County v. Cocoa and Florida Space Needle, be withdrawn for another day. 

 

 

 

Commissioner Voltz stated October 27, 2007 is the date that has been set for the local conference in the South Melbourne area; there will be four speakers who will be coming in; and they are seeking private funding for the whole project.  She stated it will be on a Saturday and will be an all-day event. 

 

Chairperson Colon inquired where it will be held; with Commissioner Voltz responding they are still working out the details. 

 

 

 

Chairperson Colon stated she would like to introduce Yolanda Davis from Florida Atlantic University who is following her today. 

 

 

 

Commissioner Voltz stated there are some very special guests in the audience today from the Chinese Delegation. 

 

Tourism Development Executive Director Rob Varley stated Jimmy Zhao who is a local citizen has been working with the Tourism Development Office on the Chinese market; and numerous
groups from China have been here as a result of Kalina Person’s hard work.  Mr. Varley stated the student tours at Kennedy Space Center sold out this summer because of Ms. Person’s work.  He stated Mr. Zhao came to them about a sister city program with Chengdu, which is the city where China launches its missiles; today there is an official delegation present from Chengdu; and he appreciates the Board greeting them officially.        

 

Rhui “Jimmy” Zhao introduced members of the Chinese delegation, including the Mayor of Chengdu. 

 

Chairperson Colon stated the Board welcomes the group to Brevard County.  The Commission and the group from China exchanged gifts. 

 

Mr. Varley advised Chengdu is where the pandas come from.   

 

Commissioner Voltz thanked the group for coming; and stated she hopes they will enjoy the many sights in Brevard County.   

 

 

 

Commissioner Scarborough stated he had some correspondence with the Space Coast Association of Realtors regarding Items III.C.5, Resolution, Re:  Approving Issuance by Brevard County Finance Authority Of Single-Family Mortgage Revenue Bonds In 2008 and Item III.C.6, Resolution, Re:  Approving Issuance By Clay County Housing Finance Authority Of Single-Family Mortgage Revenue Bonds In 2007; and requested the items be removed for discussion. 

 

Chairperson Colon advised a card has been submitted to discuss Item III.A.1, Approve Amended Policy BCC-85, Notification Memorandum, and Status Report, Re:  Gopher Tortoises and Endangered Species Relocation. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant final plat approval for Fairway Lakes at Viera, Phase 3, subject to minor changes if necessary, receipt of all necessary documents required for recording, and developer obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute a Binding Development Plan with Pete Marti for property located on the southwest corner of U.S. 1 and Cross Road.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize termination for convenience of Consultant Services Agreement with Post, Buckley, Schuh & Jernigan, Inc.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve removal from inventory of John Deere 4x4 Utility Gator, Property Record Number 4030046, which was stolen from the Sarno Landfill.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Interlocal Agreement with City of Melbourne for construction of Wickham Road Intelligent Transportation System (ITS) Project, between Sarno Road and Pineda Causeway; and authorize the Chairperson to execute Budget Change Requests.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Interlocal Agreement with Canaveral Port Authority for the maintenance of existing traffic signals.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution for the cancellation of real property taxes on property acquired for the Environmentally Endangered Lands Administrative Offices, Tax Account Number 2745514.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Lease Agreement with Greater South Brevard Senior Center, Inc. d/b/a Greater Palm Bay Senior Center.  Motion carried and ordered unanimously. 

 

                                               

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve extension of the tax roll prior to final certification by the Value Adjustment Board.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize placement of Voluntary Dental Insurance Programs provided by Delta Dental, Inc. effective January 1, 2008; and authorize the Human Resources Insurance Director to execute all contracts and other documents necessary to secure this coverage and all future renewal options.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize advertisement of a Request for Qualifications for legal counsel to represent the County Departments and staff for vested rights hearings and cases; and approve a Selection Committee comprised of the County Attorney or his designee, Planning and Zoning Director or her designee, and Natural Resources Management Director or his designee, to evaluate applicants’ qualifications, conduct interviews, and submit a recommendation for selection to the Board.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize rejection of all proposals received for Proposal #P-4-07-18, Inventory Control and Warehouse Management System for Fire Rescue; authorize re-solicitation of new proposals under revised specifications; approve a Negotiation Committee consisting of Fire Chief Bill Farmer or his designee, Fire Rescue Assistant Chief of Logistics Pat Thomas or her designee, County Information Systems Director Jon Sellers or his designee, and Fire Rescue Manager of Information Systems or designee; and approve a Negotiation Committee consisting of Fire Chief Bill Farmer or his designee, Fire Rescue Assistant Chief of Logistics Pat Thomas or her designee, County Information Systems Director Jon Sellers or his designee, and Fire Rescue Manager of Information Systems or designee, and a representative from the County Attorney’s Office.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve a joint meeting with the Titusville/Cocoa Airport Authority on November 8, 2007 at 2:00 p.m.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to appoint Taffie Cash, Valree Peralta, and Patricia Williams to the Brevard County Commission on the Status of Women, with terms of appointment expiring on June 30, 2010; and Erika McLaren, Wendy Perez, and Donna Potomski to the Brevard County Commission on the Status of Women, with terms of appointment expiring on December 31, 2010.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Bills and Budget Changes, as submitted.  Motion carried and ordered unanimously. 

 

 

Maureen Rupe stated she has concerns about how the Gopher Relocation Plan will be administered because of the budget cuts, the combining of Stormwater Utilities and Natural Resources Management, and Wildlife Biologist Kwami Pennick leaving.  She stated she understands the budget was cut 24%, which is not fair; and she is concerned about the environmental programs in Brevard County.  She stated the County has 103 listed species, more than any other county; she understands there are some more monies; and she wonders if the Board was too hasty with some of the budget cuts and layoffs. 

 

Commissioner Scarborough stated the Board can hear from Natural Resources Management Director Ernie Brown and County Manager Peggy Busacca at is next budget discussion where it would be more appropriate. 

 

 

 

Joan Wheeler stated at the last meeting there was a discussion about a FEMA grant for the pier in Titusville; she has been concerned about the funds remaining in the bank for the projects; from what she heard last time, the County got a $3.4 million FEMA grant; but when she went upstairs to see the paperwork, there was no paperwork.  She stated she asked how these things are financed until the grants come in; and she was told it can be taken from Risk Management until they are reimbursed.  She stated evidently the County is going to do the project itself and be reimbursed; but she also got information that it is not just FEMA but part of
it is from the State.  Ms. Wheeler stated two days later she was told by an employee who should know that it has not been approved; and she is concerned about the money being used to enhance and expand things before the projects are finished that were promised in 2000.  She stated one of the things that is being financed was for the Senior Center in Titusville to spend $500,000 on a stormwater pond for the City; and within three years after the stormwater pond is finished, the City will reimburse the County.  She stated at the meeting on May 22, 2007, there was just talking about it and nothing was going to be done; but already someone has given the City Manager permission or direction to do the architecture and engineering plans for that pond.  She stated she does not understand how these things can happen without it coming before the Board; the Senior Center thinks it owns the property, but the County owns it; it is their lake; and she wants to know who directed that to start.  She stated it is an enhancement to the 2000 programs; the report that Commissioner Scarborough gave the Board on May 22 says that there is money to do more than they have to do; but she does not see it.  She stated she would like to see the County keeping the money so nothing gets enhanced so much that the County cannot do a project that was promised; and she believes there are three projects that have not been started.  She stated one has a committee going, but she does not know where it is going because the City wants to put its two cents in and take a piece of it, so it may be taken out of the agreement again.  She stated she does not know what they will do with Marina Park because she does not think the City is through with trying to turn it into a dry-dock.  She stated she would appreciate help in keeping the money so it is used properly.     

 

Commissioner Scarborough distributed paperwork; and stated there is $12 million for the Parks and Recreation projects from Kings Highway north, and there is another $5 million.  He stated he has been advised that the FEMA grant is moving forward with $3.4 million; if the $3.4 million does not come, then that has profound problems; it is being constantly updated; and the projects that are under contract are the ones that the Board has said it is going to proceed with.  He stated preliminarily committed means that things are going to go ahead; and adding those together, he comes up with $6.5 million, which leaves $10 million-plus.  He stated there are things that can be done; there are a lot more projects coming in; the Parks and Recreation Board is considering constantly where to go; but there is an absolute commitment to complete the projects that were voted on in 2000.  He stated in 2006 the Board did say it would have additional monies for enhancements and improvements; and the green brochure said which projects.  He stated there have been meetings proceeding on the fishing pier; it is to the point where it looks like it can proceed with a complete rebuild; it was just to be refurbished, but the hurricane tore it apart; and it will be done with the $3.4 million in FEMA grants, with minimal cost to the taxpayer.  He stated the Marina Park Committee is in operation; instruction was given to the A&E firm at the last meeting; and in a month, they will be coming back with the plans.  He stated the Mims-Scottsmoor community has met several times on where to acquire property for a community center; he has advised that even though they want to proceed with the purchase, there are problems with operational costs; and it is something that will have to be dealt with.  He stated they are proceeding with component parts of Sand Point Park; almost $10 million is not specifically designated and could go to the marina or to existing projects; but it cannot be moved beyond any of the previously approved projects because it is for the enhancement of the 2000 projects.  He stated he does not see that there is a lack of funds; but there are major decisions that the community needs to make because once the money is spent, it is gone, and this is the one chance to do things right.  He stated he encourages participation; he enjoys having Ms. Wheeler come to the Board to challenge it on these subjects; but there is a tremendous amount of conversation going on at the Parks and Recreation board, which has subcommittees.  He
stated the Marina Park Committee spent five or six hours talking about various components and giving it to an A&E firm; and it would be a disservice to all the people who spent so much time to assume that they are not trying hard to do the right things for the people.  Commissioner Scarborough expressed appreciation to Ms. Wheeler for her concern. 

 

Ms. Wheeler inquired who authorized spending the money. 

 

 

 

Chairperson Colon called for the public hearing to consider a resolution vacating public utility and drainage easement in Villa De Palmas, Unit 5 as petitioned by Kenneth S. Rivard. 

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution vacating public utility and drainage easement in Villa De Palmas, Unit 5 as petitioned by Kenneth S. Rivard.  Motion carried and ordered unanimously.   

 

 

 

Chairperson Colon called for the public hearing to consider a resolution vacating public drainage easement in Woods Lake Subdivision as petitioned by John P. Ward.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution vacating public drainage easement in Woods Lake Subdivision as petitioned by John P. Ward.  Motion carried and ordered unanimously.   

 

 

 

Chairperson Colon called for the public hearing to consider resolutions adopting Solid Waste Special Assessment Rates, Fees, and Charges, and ratification, confirmation, and certification of the Solid Waste Special Assessment Rolls.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolutions for Schedule of Annual Rates, Assessments, and Charges for Solid Waste Disposal System; Imposition of Annual Solid Waste Collection and Recycling Program Special Assessment; Imposition of Solid Waste Impact Fee; Ratifying, Confirming, and Certifying the Annual Disposal Assessment Roll; and Ratifying, Confirming, and Certifying the Annual Collection and Recycling Program Special Assessment Roll.  Motion carried and ordered unanimously. 

 

 

                  

Chairperson Colon called for the public hearing to consider an ordinance amending the Wetland Protection Code. 

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article X, Division 4 Code of Ordinances of Brevard County, Florida, relating to wetlands protection specifically amending Sections 62-3693 Special Provisions; 62-3694 Permitted Uses; 62-3695 Prohibitions; 62-3697 Penalties, Additional Remedies; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed.  Motion carried and ordered unanimously.

 

 

 

Chairperson Colon called for the public hearing to consider an ordinance creating the certified survey requirement.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt an Ordinance amending Chapter 62, “Land Development Regulations”, Code of Ordinances of Brevard County, Florida; amending Article VI, Division 2, Subdivision I; specifically creating Section 62-1158 “Certified Survey Requirement”; providing for conflicting provisions; providing for severability; providing for area encompassed; providing an effective date; and providing for inclusion in the Code of Ordinances of Brevard County, Florida.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the public hearing to consider an ordinance granting economic development tax exemption for Spilker Roofing & Sheet Metal Company.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt an Ordinance granting an economic development ad valorem exemption to Spilker Roofing & Sheet Metal Company, Rockledge, Florida; specifying the items exempted; providing the expiration date of the exemptions; 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 Spilker Roofing & Sheet Metal Company; providing an effective date.  Motion carried and ordered unanimously.   

 

 

 

Assistant County Manager Stockton Whitten advised Item VI.J., Ordinance Amending Economic Development Ad Valorem Tax Exemption Ordinance needs to be re-advertised and rescheduled. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution authorizing staff to take action against the surety performance bond issued to guarantee the construction of roadwork related to the Marina Village Condominium.  Motion carried and ordered unanimously. 

 

 

LETTERS TO U.S. LEGISLATIVE DELEGATION, RE:  SUPPORTING ACTIONS TO REPEAL
     SECTION 511 OF THE TAX INCREASE PREVENTION AND RECONCILIATION ACT
     OF 2005                                                                                                                                        

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute letters to the U.S. Legislative Delegation supporting actions to repeal Section 511 of the Tax Increase Prevention and Reconciliation Act of 2005.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the projected cost, as submitted by the Tax Collector, of $216,609 for administration and collection of County Business Tax Receipts, formerly known as the County Occupational License Fees.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon inquired when this will be scheduled for; with County Manager Peggy Busacca responding it would be scheduled for September 11, 2007.  Chairperson Colon stated that is not good for her; with Ms. Busacca advising it would be at the end of the regular Board meeting on September 11, 2007.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize scheduling an executive (closed) session with the County Manager and appropriate staff to discuss collective bargaining negotiations with the Laborers’ International Union, Local 678 at the end of the regular meeting on September 11, 2007.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the public hearing to consider resolutions for Fire Rescue Rates and ratification, confirmation, and certification of Annual Fire Services Non Ad Valorem Special Assessment Roll for the fiscal year beginning October 1, 2007. 

 

Tim McClure stated he got a letter advising the property taxes would be raised for Fire Rescue in various places; he lives in West Melbourne; and this will affect him.  He stated he sent letters to the Commissioners advising that taxes have quadrupled in the County in the past several years; and there is nothing to justify raising property taxes at this point.  He stated there is no way all the money has been spent that has come in through property taxes; and if it has, then things need to be reviewed and readjusted.  He stated he received information from Chief Farmer that it was an assessment and not a tax; and commented on the definitions of tax and assessment.  He stated this is still a tax; and if he does not pay it, a tax note will be created and could be sold on his house.  He stated the taxes on his house have gone up ridiculously; everyone’s have; and the housing market is not good at the moment with a lot of houses for sale and a lot of people in trouble with their mortgages.  He stated to raise property taxes is not going to help this situation; it is not going to help people wanting to move to the County; and it will not help businesses.  He stated raising property tax is not a good thing for the County; and requested the Board not raise the property taxes.  He stated it is for the fire department; but the law says the County is responsible to budget the civil services into the budget; and if it is not in the budget and the Board waits to raise taxes, that is saying the Board did not account for this and so is going to force the people to pay the extra.  He stated to dig into his pocket to pay for something that should have already been done upsets him; it upsets a lot of people; and if the Board continues to raise taxes and things of that nature, the people are going to be very upset.  He stated they are trying to get their property taxes lowered; and it would be very bad for the Board to raise taxes across the board, not just for one particular reason. 

 

Commissioner Nelson stated the Board is not raising the tax; there were three communities that were not paying for fire services; they were receiving the services for free; and the rest of the County was subsidizing those communities.  Chief Bill Farmer, Fire Rescue Director, stated that is the circumstance; but the cities would not like the phrase “free” because the next four years, they are paying the backup.  Commissioner Nelson stated the bottom line is these communities have not paid this fee that everyone else in the County has been paying; with Chief Farmer responding that is correct; and on their last tax bill, they saw a significant reduction in their taxes.  Chief Farmer advised he visited all three cities and had public hearings to inform the citizens that this would be happening and that they needed to consider putting that savings aside because of the following year. 

 

 

 

Chairperson Colon stated Representative Thad Altman is present. 

 

Representative Thad Altman stated he was at a number of the County’s budget workshops; and he is in the process of appearing before all of the local governments in his District to talk about property taxes.  He stated he wants to share with the Board some of the things that happened in the last session; and he is appearing at meetings because he did not want to go to Tallahassee and vote on an overwhelming broad property tax reform package and then go and hide.  He stated he wants to be with the local governments and hear what the public is saying; and he wants to feel the pain in terms of some of the cuts the Board is having to address and get input
of ways that they can fix some of the things they have done.  Representative Altman stated any time a bill is passed, there are unintended consequences and ways it could be made better.  He stated this particular legislation will have to be adjusted through the Legislature; and Budget and Finance Tax Commission, which is a constitutional entity that meets every 20 years, will probably further tweak what they are doing.  He stated he is an advocate for local government and home rule; it is important to respect home rule as it is the foundation of the country; and American history is full of examples that the new world was settled to have this form of local town hall, home rule government.  He stated decisions are better made on the local level than in Tallahassee; there is a property tax problem in the State of Florida; and the problem was not created by local government but by State laws that are inadequate and archaic.  He stated the laws were passed when Florida was pretty much rattlesnakes, alligators, and mosquitoes; and now that the State is an urban dynamic economic force it should fix the way it levies and assesses taxes.  He reiterated it is a tax problem; it is not a problem as a result of local government trying to meet the needs of the constituents; and the more he has studied the issue and had contact with local governments, the more he started realizing that what local governments have been doing is being responsive in trying to provide those services that the constituents are requesting.  He stated the problem is the system of collecting and assessing taxes is broken; and as a result, a disproportionate burden of taxation is being placed on a sector of the population.  He expressed appreciation to each of the Commissioners that he had an opportunity to talk to through the course of the session as well as Ms. Busacca and Mr. Whitten who have been great resources for him; and stated there were times when he had to go to local government to get information.  He stated Leigh Holt has been phenomenal; she worked tirelessly days, nights, and weekends; and the County could not find a better advocate for it in Tallahassee than Lobbyist John Thrasher.  He stated he worked closely with a number of cities; Rockledge, Satellite Beach, Palm Bay, and Melbourne all gave a lot of input; and he felt from day one that rollback alone was not going to fix the problem.  He stated they need to change the way they assess property; the House chose to take a tax swap; there were rollbacks and there were cuts; but the House wanted to give local governments more sales tax revenue.  He stated he is a fair tax guy; and recommended people go to the fairtax.org website.  He stated they are getting away from property taxes, income taxes, and taxing people for doing good things like buying a home, getting a job and working, making  money, being an entrepreneur, or starting a business; and there is a feeling that a consumption based tax is much better; but it did not get the support.  He stated there were concerns on the Senate side; some of the concerns were legitimate; but he thinks the Florida House was headed in the right direction.  He stated eventually they will have to get there because if there is going to be a true and full meaning in tax reform, they will have to get away from property taxes as a primary means of supporting local government and get more toward consumption based taxes, such as a sales tax.  He stated sales tax enables those who visit the State to pay more of their fair share; he has paid more in sales tax in other states that he visited; and Florida is missing an opportunity to capture a lot of revenue and wealth for the citizens and level out the playing field as far as a fair and equitable tax system.  He stated he wants to get input from the Board in terms of solutions; and commented on a bill that would give local governments more ability to use their local option sales tax for property tax reduction.  He stated it would provide flexibility to do some supplementation of property taxes, reducing them and replacing them with sales tax; and that is the bill he sponsored twice, getting it as far as the final committees in the House and the Senate.  He stated Senator Posey worked with him on the bill; they were close, but maybe the environment is set; and he has spoken with leadership to ask if, once the property tax package is passed, they need to do more to give local government tools to help reform the tax system to
make it more fair and lessen the burden on homeowners.  He stated local government probably wants it more than the State because local government is hearing from the constituents paying those taxes; and that is legislation he is pursuing.  Representative Altman stated he was center stage on the school crossing guard issue and understands both sides as he lived for eight years as a Commissioner; the County is providing a service to the schools, which are not involved in public safety; and one of the bills he is working on right now is giving local governments more flexibility with local option gas tax or some other source to fund the school crossing guards.  He stated that was an outgrowth of some of the meetings with the cities; he appreciates what the local governments are doing; and he is here to help and be a resource for the Board.  He stated he appreciates their working relationship; he knows the dialogue became pretty rough; but he believes in what the County is doing and they need to work together.  He stated Thomas Jefferson said, “We’ll hang the hat of our democracy on two things, one is insuring we have an educated public because if the public’s not educated, how can they elect qualified people and govern themselves”; and two is, “the ability for local communities to organize local governments.”  He stated it is a profound statement for one of the founding fathers who drafted the Declaration of Independence ranked those as the top two priorities; and that needs to be protected.  He stated the system was threatened in the past session; and they need to get back to their roots as a democratic participatory government that has a federalist system based on home rule.

 

Chairperson Colon thanked Representative Altman for his presentation; and stated the County did what it was asked to do by Tallahassee regarding the cuts that needed to take place.  She stated it was a very painful process; in talking about being fair and equitable, 29% of the population is paying the huge burden; and that is not fair and equitable because Tallahassee did not do anything for that 29%.  She stated she has given the example before; she is protected by Save Our Homes as she moved to the County in 1989, and only pays $1,200 in taxes; but her parents bought a home in the last few years and pay $7,600 in taxes even though they live in the same city; and that is not fair or equitable, but nothing was done to help that 29% of the population.  She stated when the people get their tax bills in November, even with all the cuts the Board and the municipalities have made, the amount is going to be a joke because what has been promised to them by elected officials in terms of savings is not there.  She stated that is where the biggest concern has come in because those who have bought a home in the last few years and are not protected by Save Our Homes as well as small businesses are continuing to get the short end, and the citizens are extremely disappointed with what was done in regard to property taxes.  She stated the feeling is that nothing was done, except the Legislators beating their chests and talking about how wonderful Tallahassee was in regards to saving properties; and Senator Bill Nelson feels they should try to help Governor Charlie Crist by putting the emphasis on the Delegation to support the Governor in making sure there is some sort of comprehensive approach in regard to insurance.  She reiterated there are folks who are paying thousands of dollars; they will still be paying that much when they get their tax bills in November, even with all the cuts the Board has made; and the savings are going to be a joke because they are not what were expected.  She stated the State is requesting from the counties millions of dollars for unfunded mandates; the County just heard that Medicaid is about to go up; that is something the County has to do by law; and there is so much that comes in regards to regulations from the State.  She stated the Sheriff is extremely frustrated because things get passed down to local government; and the County does not see light on the other side of the tunnel regarding that.  She stated there seems to be confusion about the constitutional referendum on January 29, 2008; the Board is not the one pointing at that; folks in Tallahassee
voted to put it there; and inquired what Tallahassee is doing to educate the constituents regarding exactly what the referendum means.  Chairperson Colon stated the people should be told in plain English what the constitutional referendum will mean to them; the Board has been dealing with a lot; and she wants to get some feedback from Representative Altman.

 

Representative Altman stated he agrees with much of what Commissioner Colon said; very few Legislators would say they are completely satisfied with the product they came up with in Tallahassee; and Senator Haridopolos did a wonderful job as chairman of the Finance & Tax Committee, but he would tell the board that there was a work product they were working on that they would have been much happier with.  He stated in Tallahassee where there is a bicameral legislature and the Governor can veto, compromise is difficult and very partisan; and all things considered, looking at the product they had and the obstacles to building compromise, it is remarkable that they were able to do what they did.  He stated the product is not perforce; he had an amendment on the floor of the House when the bill finally came up; and his amendment was not heard because the compromise had been reached between the Senate and the House, which was the only thing they thought they could bring into passage in the Special Session.  He stated his compromise was a straight across the board 30% super homestead exemption, which would have given much more incentive for people to sell their homes and buy up; and it would have given a much larger tax break for the higher valued properties, which hopefully everyone is moving toward.  He stated if someone bought a $500,000 or $600,000 home, they would get a substantially larger tax break; and commented on house prices in Brevard County.  He stated 30% across the board is simple to understand; it gave more of a hedge for inflation and more of a hedge in terms of Save Our Homes protection portability; it was 25% of the fiscal impact on local government; and it was a win/win, which many thought would be the ultimate solution; but what they came up with was something that gave much larger tax breaks to the $200,000 to $300,000 home.  He stated the big tax breaks go to the 90% of homes that are valued in that range; that was a policy decision to give the major breaks to the largest number of people; and he is not arguing for or against that because until it goes to referendum, no one has a crystal ball to see what could get support.  He stated he wants to share the thought process because the Board probably did not hear it directly from Tallahassee; the feeling is helping the person who has the big tax who just bought a home and is carrying the disproportionate burden; it is for those who have just recently purchased a home or who want to purchase a home because the taxes would be assessed at the full market value, which would be a crush; and the super homestead exemption would be 75% of the first $200,000 and 15% of the next $300,000, which equates to $195,000 homestead exemption for a home of $500,000 or more.  He stated that is designed to give immediate relief to those who have recently purchased homes; they would have the choice of either keeping Save Our Homes or getting immediate tax relief, which would probably reflect, depending on the jurisdiction, $2,500 to $3,000; and if someone is in a home of $200,000 or $300,000 and really wants to sell that home, the person buying that home would get a tax break of close to 50% so the hope is the super exemption would be enough to jumpstart the economy and encourage people to start buying and selling homes to get the economic engine running again.  He stated he is speaking optimistically, but he sees the good, the bad, and the ugly in what has been proposed; and what is interesting is very few, if any, people that he has talked to are going to take advantage of the super homestead exemption because they feel much safer with Save Our Homes.  He stated people want the security of knowing their assessment is protected and not going to go up; and it may well be that a lot of people will not take advantage of the super homestead, but those in the market to buy or sell may take advantage of it.  He stated the most optimistic view would be that the local
government would not see some of the revenue hits that they were expecting because a lot of people would decide to stick with Save Our Homes; but there might be economic activity and homes might start selling so there may be more revenue coming in as a result.  Representative Altman stated that is an optimistic view explaining what their hope was; and the super homestead exemption rather than the almost $200,000 homestead exemption or Save Our Homes will be tough to sell because people are going to have to give up Save Our Homes for an additional exemption.  He stated if the people do that, everyone’s tax burden will level out because there will not be the disparity of Save Our Homes because the cap would go away over time.  He stated eventually as people sold their homes and bought new ones, the disparity would go away; and in return, there would be the super homestead exemption.  He stated there would be more leveling out of the tax burden; that is what they hope will happen; and there should be some economic activity as a result. 

 

Chairperson Colon inquired who will be explaining that in plain English to the 79% of the constituents who do not realize the risk they are taking on January 29, 2008; and who will tell them if they vote this way, they will no longer be protected because they only get to choose one time whether they are going to take advantage of the relief.  She stated if it is not put in plain English, they may only hear the good side and they also need to hear the bad side that after they vote for it, they will not longer be protected by Save Our Homes and will be vulnerable like the 29% of the citizens who are not protected now.  She reiterated the Board is not putting it on the referendum; and inquired who will explain to the people in the plain English.  She advised that is going to be the difficult part because afterward it will be too late.

 

Representative Altman stated he agrees; Commissioner Colon is not the first to mention this; and it has come up with the cities.  He stated a lot of people are fearful that people will not realize that they will lose the Save Our Homes as it exists today; it will continue even after the polls because some people may not have even voted, but may elect to opt out and take the super homestead exemption, which would mean losing Save Our Homes; and that may not be the beset financial decision for them.  He stated there is a dual responsibility; they need to educate the public as much as they can in an objective way in plain English; and there is going to be a lot of public debate on this issue.  He stated there are going to be a lot of folks opposed to it; but there will be an effort to get it passed; in the campaign there will be a lot of dialogue; and those who will be voting in the presidential preference poll are the most educated of the constituents so they will be studying the issues.  He stated they are going to send a message either way; it is going to be interesting; and afterwards they are going to have to make sure that all the people understand all the facts before making that decision.  He stated they will need to rely on the property appraisers to be sure that when people renew their homestead, they have all the facts before them; and most existing homeowners would be better to stay with Save Our Homes.  He commented on a lawsuit that has been filed against Florida involving freedom of interstate commerce and equal protection under the law, and disparity in taxes.  He stated there is a chance the Save Our Homes cap could be ruled unconstitutional; some of the remedies are frightening; and one is that the State might have to compensate those owners for the loss of having to pay an unfair tax burden.  He stated there is a need to reform Save Our Homes and replace it with something that is more constitutional and fair; and this is an effort to do that. 

 

Chairperson Colon stated the State is requesting millions of dollars from the County; the County has to comply; and the County does not know how much it will be charged for Medicaid and those kinds of things.  She stated the Board is trying to finalize its budget, but it still has to worry about those dollars.

 

Representative Altman stated they must be diligent in fighting unfunded mandates; there is a constitutional provision that says any time the Legislature votes on a mandate to local government, there must be a two-thirds vote, so there is a very clear accounting of every issue that is voted on; and staff looks at every bill that is passed that has fiscal impact on local government to provide a full and complete analysis.  He stated if there is a vote, it must be by two-thirds or it can be found unconstitutional as was the DJJ cost shift; and commented on his support for local government.  He stated the Article V, Revision 7 shifted the responsibility of operating the courts to the State; it balanced out the impacts to local government in terms of not having a lot of mandates; and he hopes they do more.  He stated he has never been a fan of mandatory rollbacks or the restrictions on local governments to provide revenue caps because those are just band-aid approaches and not meaningful tax cut; and it offers the false precept that it is happening, but really covers up the deeper problem of a disproportionate and unfair tax system.  He stated they need to insure that they reform that; they only placed those restrictions on ad valorem taxes and not some of the other revenue sources; and they have kept total local control and home rule on those, so the message the Legislature sent was not just to cut the budget but to work to cut property taxes.  He stated the County still has means of raising revenues for the other services the County may need to provide; the Board may see restrictions on future revenue; he hopes impact fees will be capped; and advised of counties levying $20,000 or $30,000 impact fees that may go to $40,000 or $50,000 per residential unit, making it impossible for a person to buy a home.  He stated he went to leadership to encourage looking at ways of giving more flexibility to local government. 

 

Chairperson Colon stated one of the biggest frustrations was “do as I say, not as I do”; the State asked local government to cut and they did; and yet the State raised $546 million for the schools.  She stated that is definitely needed; but that was one of the frustrations.  She stated when the citizens see their School Board taxes, they will have gone up because the State raised them, but all the emphasis has been on local government; that was based on the referendum that citizens had voted for; and inquired about feedback. 

 

Representative Altman stated one of the things done last session was to cut the budget by close to $1.5 billion; they reduced spending in Tallahassee; and spending over the past five hears had gone up only 35%.  He noted State spending has been increasing at a much lower rate than other entities such as local governments, which has averaged 80 to 85%; so the State has been fiscally responsive; but local governments have had some additional challenges.  He stated he is not criticizing; but he is saying that the State has been fiscally responsible by cutting the budget by $1.5 billion keeping the budget increase over five years to only 35%, and increasing reserves from $260 million to $4 to $5 billion.  He stated he knows the reserve issue opens another issue, but the State has not spent the money and has stowed it away for a rainy day.  He stated the question is whether the State has been fiscally restrained enough; and he does not think so.  He stated he supported a bill sponsored by Senator Haridopolos that put much more stringent caps on State spending, but it was not passed; and in a few weeks they will be going back to Tallahassee and there will be some serious cuts, which he thinks will be across the board, because sales tax revenues will be down.  He stated he hopes the State will hold some Medicaid reimbursements, emergency services, and law enforcement entities harmless; but everything else is open for cutting back and trimming the fat.  He commended the Board for holding the Legislature accountable; and stated any time the Legislature is spending money excessively he would encourage the County to call Tallahassee on it because government needs to be more efficient.  He commented on mandates on local government, laws restricting
local government’s ability to bid or outsource, and efficiency.  He stated local governments have been telling the Legislature to change the laws; there are onerous laws that make it difficult for local government to be competitive; and the local and State governments must work together to provide services for the future of the State in a more cost effective way. 

 

Commissioner Voltz thanked Representative Altman for coming to the Board; stated they had a number of conversations during and after session; and she knows Representative Altman has been an advocate for local government.  She stated the State asked the County to cut 9% from its millage rate and the Board has done that; it has cut $21 million from the budget and potentially will lay off 80 people; and dividing $21 million by x amount of homes and businesses results in everyone getting an average of $50 in savings.  She noted businesses that pay more are going to get a bigger tax break, so that means the average homeowner may only get $5; they will have to respond to the citizens who will say the State said the local governments should cut the taxes in a certain way; but the Board has done what the State wanted it to do.  She stated she knows it has been said that the Board can collectively support a tax increase so that it does not have to cut services; but there is a tax revolt from the citizens and a tax revolt from Tallahassee, so there is no way any Commissioner would support a tax increase.  She stated what was done in Tallahassee did not help the people who needed help; she does not know that what is going to happen in January will help them or not because the majority of the people who have Save Our Homes want to keep that protection; and nobody has a crystal ball to know how that is going to work out.  She stated she does not think anybody in the process got a major tax break; that is a concern; they want to cut taxes and curb spending; and they want to do it in a manner that is beneficial to the community.  She stated things were said throughout the legislative session about counties spending money like drunken sailors; but Brevard County has been very conservative in its spending.  She stated spending was up; services were growing; and inquired who will administer the program, the State, the Department of Revenue, or the Property Appraisers.  Representative Altman stated if it passes, the Legislature will immediately go into session; that is the beauty of having it with the presidential preference primary; and they will be able to implement the new procedures for the new taxing system.  He stated he would foresee a very important role for the Property Appraisers; there are some reforms that were discussed on the TRIM notice; and the Tax Collector would also have a key role in insuring that people have a clear understanding.  He stated a lot of those details have not been worked out; and it is important for the Board to involve itself in those details.  Commissioner Voltz stated through all this the Board has been very responsible in trying to do what the State has asked it to do; but she does not see the citizens being benefited by it; and requested Representative Altman take that information back to Tallahassee.  She stated the Legislature took the entire tax structure and in one week determined how to restructure; and it may have been better if the Legislature had waited and had meetings about how counties do their budgets and whether the taxpayers were really going to be given a break. 

 

Commissioner Bolin thanked Representative Altman for talking to the Board; and stated when the Legislature goes into special session it should keep in mind that when it does cuts, it should not be a push down to eliminate it from the State budget but put it onto local governments.  She stated the problem now is insurance; and people may be able to pay their taxes, but they have not been able to pay their insurance. 

 

Commissioner Scarborough thanked Representative Altman for coming to the Board; and inquired how many of the Legislators have served in local government; with Representative
Altman responding probably 15% to 20%, and the Speaker of the House is a former City Councilman.  Commissioner Scarborough stated he read in the Miami Herald that Speaker Rubio was quoted as saying Miami was being exempted, but that was an oversight; and that put two thoughts in his mind, either it was put together too hastily for the Speaker to know what was happening in his own community or there were things happening that were too much in control of the leadership without enough involvement of the entire body.  He inquired what will the impacts be on the County when the Legislature meets in September; and stated the County has to try to figure out what to put in reserves.  He stated the Board knows it has cut the budget, but as soon as the budget is finished, there is a second problem coming down; and if Representative Altman could help with that, he would appreciate it.

 

Commissioner Nelson thanked Representative Altman for updating the Board; and stated he knows Representative Altman did a lot of work behind the scenes representing Brevard County, and he appreciates it.  He stated he is focused on the amendment; and he is concerned that the amendment continues to erode home rule in some of the issues.  He stated he is concerned the County is going to lose even more authority and the State is going to take on a greater role of telling local governments what they can and cannot do, which is a concern.  He stated they all want to see an improved real estate market, but it tends to benefit the State greater than it does local governments because of documentary stamps and those kinds of things; so while that would be great for the economy generally, in terms of the revenues that are derived from it, it would benefit the State more.  He stated the last issue is the school system; when people get their tax bills, it looks like it comes from the County; but 50% of that is typically schools, which are historically the responsibility of the State.  He stated he is protected by Save Our Homes; his ad valorem is actually under $1,000 even though his home has more than tripled in value; and that is not bad, but the County has no ability to control the other part which is the school side.  He stated the amendment is going to reduce the property tax that goes into that; the State has said it is going to make up that difference; and inquired at a time when they are having to cut because sales tax has not hit projections, how is the State going to make up the $2 billion in revenue to offset the property tax.  He stated in the last days of the session that was a huge issue; it is a “trust me” amendment; and no one knows where the money will come to replace the cut.  He stated these are all big issues that will be played out over the next few months; and thanked Representative Altman for sticking his neck out for the County. 

 

Chairperson Colon stated the biggest concern is for the Legislators to look good but pass it down to local governments; that is what it basically comes down to; and in regard to the $543 million, when the citizens look at their tax bill in November, they are going to need to call their State Representatives and Senators because they are the ones that did the tax increase.  She stated no one is talking about it; they need to do it because it was in the referendum and there is a need to improve schools; but credit needs to go where credit is due, which is to the State, not the County.  She commented on being forced to cut taxes because the economy has gone down and concern that the State is going to pass it down to the local governments.  She stated the citizens are going to be upset at local government; and they do not realize that the bill came compliments of Tallahassee. 

 

Representative Altman stated there was a lot of discussion on the floor of the House about sales tax and how to make it up because if the constitutional amendment passes in January, there would be as much as 20 to 30% of value removed off the tax rolls because of people taking advantage of the super homestead exemption.  He stated that is the projection; he does
not think that is going to happen because most people will choose to keep Save Our Homes; it will only be those who choose to move who will take advantage of super homestead exemption; and they will be required to because that will the new law.  Representative Altman stated if they do see the 20% to 30% reduction, there will be $1.7 billion taken off the tax role, which will cut education, although they have reduced the millage rate relative to the rollback rate relative to the growth; the Governor and the House wanted to reduce the required local effort by over $400 million; but there were not able to get it through the Senate.  He stated in terms of the $1.7 million, the House has committed to make that up; and the most logical place to make that up would be through sales tax.  He stated the House voted to provide a system to do away with all property taxes for residential homes; the original proposal was no property taxes and replace with sales tax; if they do across the board cuts, 30% with the new referendum, in a sense they will replace that with a sales tax; and that will be part of the proposal, to do a swap to make up for the loss.  He stated history has shown when taxes are cut, the economy speeds up and revenues come in; and a lot of people hope that might make up some difference.  He stated if the referendum passes, it could be as much as $32 billion back into the private sector to help create economic activity; included in that will be people renovating their homes; new construction is not included in the rollback numbers; and they have allowed local governments to keep new construction.  He stated there are other issues that are very controversial; one is the digital lottery terminals issue; and that is an issue everyone needs to be concerned with because one of the proposals is to allow more video lottery terminal in pari-mutuel facilities, where there is already simulcast gaming, poker, and live racing.  He stated he is concerned about the impacts on the local community; and commented on not hurting the local economy, keeping money in the County, and existence of a greyhound track in Brevard County.  He stated that is an issue they need to watch; he does not think the political appetite is there to do it; but it will emerge as another issue.  He stated those are really the only two sources of income he has seen debated as a way of making up lost revenues; they will see cuts in education in the special session because sales tax revenue has dropped; per student spending was raised by $450 this year; and they might only raise it by $390.  He stated that will be a substantial increase, but with the slowdown in the economy, they may see that tapering off; opponents of the sales tax say it is not a reliable source of income; when the economy goes south, government revenues slow down and governments have to reduce.  He stated that is good; when people in the private sector are suffering and having to cut back, government should be cutting back as well; and that is what they are going to do to balance the budget. 

 

Chairperson Colon inquired who regulates the Property Appraiser’s office; and commented on appraisals going up.  She stated people were outraged when they saw their tax bills; but the Board does not appraise homes and did not increase the millage.  She stated at that point they wanted to let Tallahassee know of the concerns; but they were told it was capitalism and the market, and that there was nothing that government could do.  She stated the citizens are extremely angry because they are under the impression it was the Board that raised the taxes; but the Board did not appraise the homes; and that is a concern to everyone. 

 

Representative Altman stated it is a huge issue; one of the disappointments of this past session was that there were proposals to define how the Property Appraisers assess property; Property Appraisers are totally governed by the Constitution, Statutes, and the Department of Revenue; they follow the law as it is presented; but there is a lot of wiggle room.  He stated every county takes a bit of a different approach; he has heard horror stories across the State; and it has made him appreciate the County’s Property Appraiser’s office because at least in Brevard
County there has been more restraint in terms of how properties are assessed.  Representative Altman commented on how properties are appraised in South Florida with no consideration of the income approach or the use of the property and putting businesses out of business.  He stated there was an effort to tweak the statutory requirement and to focus more on income approach, which is fair; but that was one of the things the Legislature let go by that he wishes would have passed.  He stated they will be fighting for that again this year to more clearly define how appraisers assess property; a lot of appraisers would like to be able to use the income approach more; and that is something the Legislature is going to need to work on in the upcoming session.

 

Commissioner Bolin expressed appreciation for support of District 4.

 

Commissioner Voltz stated Representative Altman mentioned video lottery; the people of the State have voted down gambling many times since she moved to the State in 1968; there have been a number of referendums that have been turned down; and she hopes the State does not cripple government so much that it would then have to depend on some sort of gambling.  She stated that would be pulling the State way down if it goes into gambling; with gambling comes all the other vices that go with it; and she does not want to see gambling in the State of Florida.  She stated she knows some of it has been here; it was passed before she got on the Commission this time for there to be cards at the dog track; and she would not have supported that. 

 

Chairperson Colon thanked Representative Altman for being present.  Representative Altman stated it is a great honor; he appreciates the job done by the Commissioners; he is proud to be a Brevardian; the County has a wonderful County Commission; and he appreciates the Board’s leadership and what it does for the community. 

 

 

 

Chairperson Colon requested Chief Farmer provide a synopsis of what the Board is discussing in regards to the fire assessment.

 

Chief Farmer stated the Agenda item is a rate resolution for the entire Department; however, the focus this morning is on the fire service special assessment, which is the result of a lawsuit filed by the City of Palm Bay, questioning the emergency medical services assessment.  He stated at that time, it was a flat assessment below the bold line on the tax bill, and therefore, not based on property value; and in light of the possible lawsuit and what would happen if it was not in favor of the County, they began to work on an assessment.  He noted ultimately Judge Barlow did rule that assessment was inappropriate; and fortunately the County had the ability to move the cost of emergency medical services above the line, taking a percentage of the General Fund millage.  He stated they need to move approximately $20 million because of the County’s 10% cap; there was not an ability to move just the EMS above the line and keep fire services as a property value; and that is why it had to be moved below the line.  He stated when the County was developing the assessment, Palm Shores, West Melbourne, and Melbourne Village were unable to be included because there was not enough time to bring them in; and with this knowledge the County passed the assessment and allowed the cities to receive the services for this fiscal year with the understanding there would be negotiation with the cities on a repayment program.  Chief Farmer stated Resolutions have been passed to the effect the cities will pay the County back 25% over four years for what they received this fiscal year; so the three municipalities are on board now.  He stated they sent out 8,000 mailers; they received 14 letters against the assessment, two letters asking for further questions, and approximately 20 calls; and he is sure the Commissioners also received calls.  He stated initially when they were setting up the assessment there were certain properties that had to be taken off the assessment roll through errors and insolvencies; and the resolution has been adjusted to allow that to occur automatically.  He advised those were tings like properties that were under water, docks, or other items that were in the Property Appraiser’s miscellaneous files that were being charged the assessment inappropriately.  He expressed appreciation to Representative Altman; and stated his discussion about property tax heightens why the assessment is what it is now.  He stated fortunately for Brevard County, Fire Service was exempted from the discussions at some great length because it does have an assessment; and the assessment is scheduled to generate approximately $26 million, which is approximately $2 million more than last year, because of the addition of the three cities. 

 

Harry Stapour stated his question concerns an article that was in the April 16, 2007 Florida TODAY newspaper about an advisory opinion by the Florida Attorney General that held that the discounted fire protection rates that Brevard County offered to low income families and senior citizens were unconstitutional because they were not equitable.  He stated the County Attorney said that the County could no longer offer those discounts, but there was no indication that it would have to collect any back discounts; and Chief Farmer made a presentation to the West Melbourne City Council in February saying that West Melbourne was given a discount for fire protection in 2007, which showed up on the 2008 bills, that was not a mistake but was a conscious decision.  He stated West Melbourne was not the only community that got this discount; Palm Shores and Melbourne Village also got it; and they would like to collect that money back.  He stated the Council authorized the County to collect that money; but now it turns out that in April yet another group of residents have been identified that enjoy a discount that has been ruled unconstitutional, although that has not been ruled by the courts and has only been ruled by the opinion of the Florida Attorney General.  He stated he recognizes there is a difference between the ruling of the court and the opinion of the Attorney General; and the question is whether the Board is going to authorize the collection of the discounts that were ruled unconstitutional from the other group of citizens or will it only try to collect them from West Melbourne, Melbourne Village, and Palm Shores. 

 

Chris Cook requested the Board ask Fire Rescue to take another look at how the assessments are applied, specifically to go to more of a weighted issue on square footage than the hazard code.  He stated he lives in North Merritt Island and has two buildings on his property, which are single family, and his hazard code is MF, which is multifamily.  He stated the combined square footage of both buildings is just over the limit; and his assessment is going to be $937; but if the County took the property together and just added the square footage, it would be $276.  He stated that is a single-family house; it is not multifamily; the multifamily code is designed for condominiums, townhouses, and true multifamily units; and he understands it would be the same if it was a mobile home on the lot.  He stated it gets counted in the hazard code as multifamily even though it is just a single family living there; and advised of discussions with staff and Chief Farmer.  Mr. Cook stated almost everyone agreed that it really was not equitable to have his property assessed over three and one-half times what a regular single-family unit would be; and as an example, if there was a 10,000 square-foot home on an island in the river, it would be $237.  He requested the Board take another look and apply some common sense to how the assessments are performed and assed so it will be fairer.  He stated his escrow account is now well over half of his mortgage; and reiterated his request to have the Board take another look at it and apply some common sense. 

 

Commissioner Voltz stated Mr. Cook brought up exactly what she wanted to bring up; last year when the Board talked about this, she supported it because she thought they were going to be able to give the low income people a break; and the second reason she supported it was because they were going to go back and look at the use codes; but that has not happened.  She stated it has been a year and nobody has looked at the use codes; it would only have taken maybe eight hours to look at the use codes and see how they apply to the properties to determine whether or not the fees were fair; when the Board talked about it last year, it said it was going to readdress it; and when it came up in April, it was tabled or not brought before the Board.  She stated she talked to Chief Farmer who said that they would have had to send out a letter telling everybody that the County was going to change the codes; some would have gone up and some would have gone down; but the Board never had the opportunity to determine whether or not it wanted to send out those letters.  She stated it was not looked at appropriately; she is very disappointed; and she is not going to support the resolution for that reason. 

 

Chairperson Colon suggested sending it back to have staff look at it.  Commissioner Voltz stated it is not going to happen because they would have to send out letters to everybody; that is what the problem has been; but they had a whole year to work on it, it should have been done, but it was not. 

 

Commissioner Scarborough inquired to what extent is it time sensitive; with Chief Farmer responding it is time sensitive in that the resolution and certification have to be done by September 15, 2007.  Commissioner Scarborough inquired if there will be a meeting before then; with Chief Farmer responding he does not believe there will be sufficient time to do it, depending on what the Board’s direction is as far as looking at use codes.  Chief Farmer stated he does not believe there is time to create a new program, beta test that program against the Property Appraiser’s available information, and finalize an assessment that the Board could have faith in; if it was a simple reduction of fees for manufactured homes, which was the direction that was initially discussed in the Spring of this year, that would be simple; but if the Board is talking about revamping the entire assessment program, there is not enough time.  County Manager Peggy Busacca stated she would like to clarify at what point letters would be required to be mailed out; with County Attorney Scott Knox responding if the Board changes the assessment in any way at this point, it will have to mail notices out.  Commissioner Voltz stated that was the same position the Board was in last year; it had to do it because there was not enough time to send out the letters; and now it is a whole year later and the Board is in the same position because it had a whole year to fix it and did not do it.  Chairperson Colon stated Commissioner Voltz voted in favor of it.  Commissioner Voltz advised last year she voted against it.  Chairperson Colon stated she is talking about in April; with Commissioner Voltz advising the Board did not vote on it.  Chairperson Colon stated in regards to the discussion, that was something Commissioner Voltz was working on very closely with Fire Rescue; and her biggest concern had been in regard to manufactured homes.  Commissioner Voltz stated at that point she talked to Chief Farmer about it; they were going to revamp the way it was actually structured and look at the use codes; that is what was talked about last year; and those use codes have never been looked at.  She stated she supports the need for Fire Services and has supported the assessment; it is something the County needs to do; but last year there was a rush; and they had a whole year to look at the use codes and how people are charged, but it was not done.

 

Commissioner Nelson stated Mr. Cook raises an excellent point; some quirks have been discovered in the system; they are using the Property Appraiser’s system; and inquired if the County’s Information Technology people can take that piece of the program and begin to modify it to the County’s needs as opposed to using a program that is not designed for the purpose for which the County is using it.  He stated while it may be a good start, it is not the final product that the County needs to have because it is not sophisticated; it does not have enough categories; and inquired if there is an opportunity to take that piece of the program and tweak it to address the kinds of issues Mr. Cook and others brought up.

 

Chief Farmer stated there is availability to do that; but there are also firms that do assessments and factoring those assessments; and the County could use some of the money from the assessment reserves to hire a firm to do that.  He noted Lee County did that; and staff did not have enough time last year to do it. 

 

Commissioner Nelson stated the County has a system that is not where it needs to be yet; and it needs to do what it takes to get it to that point where it is sophisticated enough to address the kinds of issues.  He stated the Board keeps kicking this back and forth; but it has had enough kicking; and it needs to come up with a plan to move this forward in a way that addresses those issues. 

 

Commissioner Voltz inquired how much it would cost to get somebody to look at it; with Chief Farmer responding approximately a quarter of a million dollars.  Commissioner Voltz advised that is a lot of money; with Commissioner Nelson advising it is out of $24 million and forever.  Commissioner Voltz responded that is true. 

 

Ms. Busacca stated staff pulled all the minutes for the Board meetings where the fire assessment has been discussed; and after the adoption of that, the Board has never made a formal motion, although a lot of ideas have come forward.  She stated what would be helpful would be if the Board has specific direction, to make it in the form of a motion.  She stated the last time it was discussed was in April; the issue came up as part of the budget when the Board identified that the fire assessment was not included within the ad valorem; and as much as the Board might like to eliminate the fire assessment, it might actually be the Board being able to fund fire versus having the Fire MSTU being affected by the property tax reform.  She stated whatever the Board would like to do, it would be helpful to have a specific motion. 

 

Commissioner Nelson inquired if they are able to do a manual system of review to take any kinds of concerns and address those based on the criteria created for this year.  He stated they would need to approve the assessment, but they would have the ability to then review it during the course of the next few months and still move towards an automated system so they do not have to go through this the following year.  Chief Farmer responded they have taken specific properties and through the errors and insolvency procedure, they have taken them off or reduced their assessments.  He stated Mr. Cook’s specific issue is he has two homes on the same property; the Property Appraiser is holding that out as two homes; Mr. Cook could sell them as two homes if he wanted or could rent one out as multifamily; and there is no means to say this category violates multifamily home because it does not.  Commissioner Nelson stated Mr. Cook could come forward and say he has two homes that are not attached, and therefore they should be assessed as homes as opposed to multifamily, which would be more of a traditional multi-unit structure.  Chief Farmer stated if the Board desires to pick those up like it did with the property that was under water or docks, etc. then staff would bring those to the Board as E&I’s as well; and the Board can decide to let those go.  Ms. Busacca advised there may be zoning implications that the Board needs to be aware of when those are brought forward.  Commissioner Nelson stated he does not see how this ties to zoning; he understands that it may be determined as multifamily; but his use and the basis of his billing is based on the fire threat; and the multifamily and condominium fire threat are different than the single-family threat.  He stated this is a case where there are single-family structures that through a quirk have been characterized as being multifamily; but it is the risk that they have to face and the amount of effort that they have to put into fighting the fire that should be determining the cost. 

 

Chairperson Colon inquired about the legalities; and commented on time being of the essence, having to do a mailout, and addressing these kinds of comparisons.  She inquired is it possible if the Board determines it should be compared to a residential home, that the Board could reimburse the folks based on the decision the Board would make at that point.  She inquired if it comes back to the Board in six months, would it be retroactive; and stated the Board is saying now that it would like to be able to look at and address some of the things.  She inquired how would they charge someone who has two residential homes versus calling it multifamily; stated they are totally different animals; and requested Mr. Knox look into it.  Mr. Knox stated he cannot answer today, but his gut reaction would that the Board can do it, and it is just a matter of how to do it.  Chairperson Colon stated that is something she wants the Board to consider for some of the particular cases. 

 

Commissioner Scarborough stated he is hearing that Board would like to go ahead and approve it, but pick up on Commissioner Nelson’s thought to actively pursue and Commissioner Voltz’s thought to get more information on the complete study. 

 

Commissioner Nelson stated he has a question about the discussion from West Melbourne; what he heard in Chief Farmer’s presentation was that there was not time at the time this was done, there was discussion with the City, and it was agreed that the mechanism for that discussion would come back later.  Chief Farmer advised it was not a discount; and Mr. Knox may be better able to speak to this.  He stated the low income was based on income and was a discount; it was not based on the service delivery; but with regard to West Melbourne, Palm Shores, and Melbourne Village, it was a conscious decision not to charge them, which is not a discount.  He stated the County was not able to charge those municipalities, and it was going to come back and recoup that money.  Chief Farmer stated there were meetings with all the cities in 2006 to talk about that inevitability.  Commissioner Voltz stated the County was not able to charge them last year because it was a timing issue and staff did not have an opportunity to meet with the three cities.  Chief Farmer responded that is correct; the County could not get their resolution of intent and add them to the Ordinance in enough time to get the Ordinance done.  Commissioner Voltz stated at that meeting those three entities said they had never heard of the assessment until it came before the Board; so certainly there was not enough time; timing always seems to be an issue when it comes to this assessment; and the County did not have time to do it last year.  She stated now there is an opportunity to go back; and the County is going to be charging those three municipalities 125% of what the bill should be for the next four years.  She stated the Board could have taken the time to do that last year and put those letters out; it knew long ahead of time in February; and she is not sure why the cities were not addressed on the issue; but it is just one of those things, that if it had been done last year, the Board would not be having to do the same thing this year.  Chief Farmer stated he appreciates that; as Commissioner Voltz said, they knew in February; but the letter of intent was due in January, so there was not enough time.  He stated they just made it to the Board in time to get the motion to ask for an extension to March. 

 

 

Chairperson Colon stated the Board had discussion on Item III.A.1, but failed to make a motion. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Amended Policy BCC-85, Gopher Tortoises and Endangered Species Relocation, to reflect recent Florida Fish and Wildlife Conservation Commission (FWC) policy changes; approve Notification Memorandum to Department Directors regarding new FWC permitting requirements; and accept Status Report on the Gopher Tortoise Phased Relocation Plan including the recent public workshop.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Voltz stated the Board has not adopted the resolution. 

 

Commissioner Nelson inquired if the fees are the same as last year; with Chief Farmer responding they are.  Commissioner Nelson inquired if there is no increase in fees; with Chief Farmer responding there is not. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution for Schedule of Rates, Assessments, and Charges for Fire Services; and adopt Resolution Certifying the Annual Fire Services Non Ad Valorem Special Assessment Roll for FY 2007-2008.  Motion carried and ordered; Commissioner Voltz voted nay. 

 

 

 

Chairperson Colon called for the public hearing to consider an ordinance rescinding select company tax abatements.

 

Commissioner Scarborough stated one of the questions when the Board approves tax abatements is how it actually works if someone does not meet the requirements; today there are five firms that are being disqualified; and requested Mr. Lugar explain how that works. 

 

Economic and Financial Programs Director Greg Lugar stated the Florida Statutes, which are reflected in the County’s Economic Tax Abatement Program, require each company that received the benefit to provide an annual report with employment and wage information; and for those companies that do not relocate or expand, fall below the minimum requirements and employment levels, or choose not to participate by not providing an annual report, staff comes to the Board each year to request those companies be rescinded. 

 

Commissioner Scarborough stated if there were abatements that accrued to the companies, they would cease and be included in the bill they receive in November; with Mr. Lugar advising that is correct. 

 

There being no further comments or objections, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance repealing Ordinances granting certain Ad Valorem Tax Exemptions for failure to continue to meet the criteria for such exemptions; repealing Ordinance 1998-54 relating to the Economic Development Ad Valorem Exemption granted Medtronics, Inc. (formerly Image-Guided Neurologies), 2290 Eau Gallie Boulevard, Melbourne, Florida; repealing Ordinance 1998-67 relating to the Economic Development Ad Valorem Exemption granted Teknocraft, Inc., 425 West Drive, Melbourne, Florida; repealing Ordinance 2000-20 relating to the Economic Development Ad Valorem Exemption granted DRS Tactical Systems, 3520 Dixie Highway Palm Bay, Florida; repealing Ordinance 2004-03 relating to the Economic Development Ad Valorem Exemption granted Aircraft Engine Services 380 Golden Knights Boulevard, Titusville, Florida; repealing Ordinance 2005-06 relating to the Economic Development Ad Valorem Tax Exemption granted Manchester Copper Tube, LLC, 435 Gus Hipp Boulevard, Rockledge, Florida; and providing an effective date.  Motion carried and ordered unanimously.    

 

 

 

Chairperson Colon stated there is an executive session scheduled at 11:30 a.m. and the following people will be present:  Commissioner Scarborough, Commissioner Nelson, Commissioner Voltz, Commissioner Bolin, Chairperson Colon, County Manager Peggy Busacca, County Attorney Scott Knox, Assistant County Attorney Christine Lepore, and Angel Hampton.  Chairperson Colon stated the executive session will be less than one hour.   

 

 

The meeting recessed at 11:30 a.m. and reconvened at 1:05 p.m.

 

 

County Attorney Scott Knox advised the executive session is over and the Board is returning to the public meeting.

 

 

Chairperson Colon called for the public hearing to consider an ordinance amending the Zoning Code to add outdoor repair and service activities in the BU-2 zoning classification as a Conditional Use Permit.

 

Commissioner Nelson stated this was an outgrowth of issues related to outdoor work being conducted in the BU-2 zoning category; and staff has done a good job of putting together what a conditional use permit under that setting would be; but he is not convinced this is necessarily the right way to go.   He stated the Board has been trying to resolve the issue of how to deal with working outdoors; the problem he has with this is that there is a lot of BU-2 zoning; this would allow someone to request a conditional use permit for outdoor work; and it would change a condition of use rather than siting it to the right zoning.  He stated at this time he does not support the conditional use concept for this; but he would be supportive of a BU-3 category.  He stated there is concern that there are so many zoning categories; but he thinks that is the best way.

 

Commissioner Voltz stated she had the same feeling; she wondered why the Board is changing the way it does business for so few people; and she is not going to support it.  She stated the Board does not need to do anything; and while she realizes that staff spent a tremendous amount of time going over this, she does not think the Board needs to go there. 

There being no further comments or objections, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to deny approval to move proposed ordinance amending the Zoning Code to add outdoor repair and service activities in the BU-2 zoning classification as a Conditional Use Permit to the second public hearing.  Motion carried and ordered unanimously.    

 

 

County Manager Peggy Busacca stated this was the first reading; and there will be no second reading.

 

 

Commissioner Nelson stated he asked that this item be placed on the Agenda because there had been some concerns with the MyRegion process in terms of some of the detail; he and the citizens wanted an opportunity from which they will be moving on; everyone is supportive of the concept of planning; but there is some detail that needs to be discussed.

 

Chairperson Colon stated Commissioner Voltz was appointed to MyRegion; and she did a wonderful job of making sure that each Commissioner gave feedback. 

 

Commissioner Nelson stated this is not a criticism of that participation; Commissioner Voltz did a great job; but it is the process they are focusing on. 

 

Chairperson Colon stated the Board will be able to send any feedback today so the folks will see how Brevard County feels. 

 

Kathryn Bird stated the Board knows her by her married name, Kathy Scheetz; she lives on Merritt Island; and everything she has to say are her comments alone or verbatim from the public record.  She stated the original statement of MyRegion is a business formula; the idea is to capture 66% of the State revenue amongst seven counties; and people are forgetting that and immersing themselves in a massive land planning exercise aimed at overhauling land use law.  She stated if MyRegion’s specific outcome leads to mega-development, the profits for developers will be incredibly lucrative; on October 13, 2006 at the mid-session Executive Report, she noticed the Chairman of the Board is R. Randolph Lyon, Jr. who is a developer and CEO of a development company called Xentury City Development; and the parent company is Xenel Industries, which is owned by Abdullah Alireza.  She stated granted developers building out homes and businesses make the world go around; she is not opposed to growth; smart growth practices and sustainable growth factors make good sense in any development; and business ventures that lead to great profits are part of the American way.  She stated as a consumer she wants to know what she is buying into and this is what she found out; the day after the MyRegion mid-session meeting, she found an article on Xentury City that took her four months to disprove; she tore apart every claim that the article had on Xentury City banking connections of 2002; and she found nothing but the facts.  She stated the article referred to the Osceola County Commission and its County-owned Convention Center in late fall of 2002; the climate at that time was post-9-11 and pre-Iraq War; and the families of the 9-11 victims were preparing their civil action lawsuit.  She read from an excerpt of the minutes of the meeting dated October 28, 2002 where Attorney Michael Elsner advised he was representing counsel for over 3,000 family members who were victims of September 11, 2001, and explained the organization established by the families for the purpose of filing a massive civil lawsuit.  She stated Mr. Elsner advised of the investigation conducted by the families regarding Xentury City negotiations; and he also addressed a letter prepared by the families requesting the investigation, the allegations to be explained, and the Board to assist the families in securing evidence, names, and the relationship of individuals and companies associated with Xentury City, the financing bank organized by Osama Bin Laden, the bank accounts used to fund terrorist training camps and other terrorist activities, and the documents that have been provided from various areas of the world to assist in the investigation.  She stated Mr. Elsner urged the Board to assist in sharing information regarding all concerns with the issue; she spoke with Mr. Elsner on January 30, 2007, and was stunned with even more information.  She stated the minutes of the meeting refer to the review of Xentury City’s relationship material; and she has an 822-page copy of that review, which was given to her by Mr. Elsner.  She stated the
conclusion of the Osceola County Attorney’s office, based on direction from the board in hearing the Convention Center submittal, was, “At this time it appears that the counsel for the victims’ lawsuit has also been unable to reach a definitive conclusion.”  Ms. Scheetz stated when asked about the statement made to the Commission regarding the seizure of Xentury City’s assets, Mr. Elsner responded, “At this time we have not included any member of the Alireza family or Xenel Industries as a defendant in our suit.  However, the investigation continues and we are adding new defendants as the investigation unfolds.  I do not have sufficient evidence to pierce these corporate veils; however, I would not rule it out in the future.”  She stated the hearing of the Osceola Commission in 2002 had to stay on topic regarding the building of its Convention Center; and in the end a cloud on Xentury City may have been the reason for the lost bid.  She noted the civil action suit moved on and was awarded one trillion dollars in 2003 for the families who united to bankrupt terrorism.  She stated in relation to concerns about the driving force of MyRegion which impacts the County, her concern is where would the profits of the possible mega-development go; many developers will have their piece of the pie; she is only focused on one of the few drivers, MyRegion; and she is not sure the County should get into the passenger seat.  She stated they deserve 100% confidence in a project of this magnitude; there are many good people who have snugged up to this project based on smart planning or future profits; and they do not know any of this information.  She stated this is a business venture; their allegiance should be to the County and the country first; and requested the Board hear for itself what she has heard and read and learn more, discuss more, and lead everyone in a direction away from this particular risk.  She suggested calling Mr. Elsner of the Rice Motley Law Firm; and submitted written testimony including information on international terrorism, the diagram of the Xentury City tree, and the original article. 

 

Chairperson Colon inquired what is it that Ms. Scheetz has; with Ms. Scheetz responding it is the relationship material that was given to her by Michael Elsner.  Ms. Scheetz stated Mr. Elsner is an interesting gentleman; he afforded her a half hour and confirmed her worst fears; and he would love to talk to anyone on this subject.  She stated even though there was no conclusive evidence, it is a continuing investigation; and it continues to reflect that in the world they are living in there are a lot of unresolved issues.  Chairperson Colon inquired if Ms. Scheetz will lend the Board the paperwork; with Ms. Scheetz responding she would love to submit it for the record, but understands there are some complications.  Chairperson Colon stated she wants to be sure that none of it is lost.  Ms. Scheetz stated she is sure Mr. Elsner would be happy to give the Board another full set.  County Attorney Scott Knox inquired if Ms. Scheetz wants to leave a copy; with Ms. Scheetz responding yes.  Chairperson Colon stated she has a lot of questions.

 

Maureen Rupe stated she has nothing against the plan; she has been to almost every one of the meetings from the beginning to the finale; and she never had any questions answered that she and others asked like how will this be implemented, how much will it cost the taxpayer, and will it work.  She stated no one seems to know; it has been brought this far; but no one knows how they will proceed or else they are not telling the people.  She stated it is not unreasonable for citizens to ask how something will be paid for.  She stated at the last meeting, there was no public comment; it was more like a how; and she was disappointed that there was no public comment.  She stated she brought this plan to the last meeting and advised about the roads that the Expressway Authority was planning to bring into the master plan, while they were not on the 2050 plans of MyRegion.  She stated if this is implemented and all entities are not involved, she does not know how it would proceed.  She stated she would like to know how much commitment the County has to MyRegion and whether the Board took a vote on this.  She
inquired how Commissioner Voltz got authority to sign off on the County Commission; and inquired again whether there was a vote.  Ms. Rupe stated Florida TODAY pointed out that establishing conservation areas across County lines providing recreation and natural escape will be a better chance; and Brevard County is already a leader with the Environmentally Endangered Lands Program.  She stated this is taxpayer funded; but the taxpayer is not going to fund all the conservation areas on the 2050 maps; and advised they have tried similar things before such as the SEAS ordinance and open space.  She stated she tried to bring up the Charter Review Commission urban growth boundaries, but they all failed; and she is certain in this plan that the development dollars are there.  She stated she is guaranteed that the developer dollars are there; but inquired where the dollars to buy the conservation land are.  She stated it worried her when the Florida Secretary of Transportation said that the federal transportation fund would go broke in 2009; the State agencies are running low on conservation funds; and she is concerned.  She stated she would like to have her questions answered; it is not unreasonable to ask how it is going to be implemented, how much is it doing to cost, and what impacts will it have.          

 

Mary Hillberg stated she lives in Merritt Island; various study committees, planning councils, task forces, and the like have for several years been diligently turning out management elements, mitigation strategies, vulnerability zones, and emergency management plans; and it is no wonder that when faced with the reality of gridlocked evacuation routes during a real evacuation, the State leadership advised evacuating vertically and hunkering down.  She stated the MyRegion report currently shows the biggest barrier island, Merritt Island is less than 30,000 in population; she was alarmed to see that without benefit of the MyRegion vision it would grow to approximately 50,000 in population; and looking at the final map from MyRegion, she sees that it is indeed at 50,000.  She inquired what good vision practice promotes a 67% increase in the population of a mandatory hurricane evacuation area, a zone that is currently predicted to have evacuation clearance of over 20 hours.  She stated the County’s comprehensive planning process originally contained a variety of policy directives taken from the State model to discourage development in areas of hazard; but over time the rules have been weakened and in some cases ignored altogether.  She stated the County’s future land use map presents future land use estimates and how currently undeveloped land has been designated for future use; but unfortunately over 70% of the undeveloped land in the coastal hazard or hurricane vulnerability zone is designated for future residential uses.  She stated Brevard currently has the distinction of having the longest evacuation time in the State; and inquired who are the evacuees and why are they clogging the routes.  She stated before 1994, they were the folks from the barrier island and people living in low lying areas in mobile homes; and commented on the current evacuation area for a Category 1 hurricane.  She stated if one is in a vulnerable area, he or she needs to evacuate; and she is not the only one confused about the application of the vulnerability zone, high hazard area, and hurricane evacuation zones.  She stated during a 2005 Board meeting, Planner Robin Sobrino advised during a lively rezoning request for Merritt Island property that prior to 1995 and the update in 1996, the coastal high hazard area was the barrier island, but Florida Statutes redefined the coastal high hazard area in 1995 to include any Category 1 evacuation area.  She stated in other words all the barrier islands should not be included on the map; and pointed out areas on the map.  She stated the emphasis has shifted from science based studies inking in areas historically damaged or under threat of likely damage to large scale evacuations painted with a broad brush; and present evacuees are everyone on all barrier islands, all of Merritt Island, and some littoral mainland areas with the projected population numbers shown on the map.  She inquired how many storms and the accompanying
substandard evacuations will it take until they learn to keep development away from areas that are historically in harm’s way due to storm surge, waves, erosion, and so forth; and stated it appears there are incentives to help support and not discourage continued development in hazardous areas.  Ms. Hillberg stated the cost of the eventual rebuilding and damage repair is distributed to the taxpayers and insurance policy holders, inland as well as coastal; and it is not just the people that live on the barrier islands who are going to pay for all this repair.  She inquired how the Board can endorse and adopt a vision that plans for a 67% increase in population in Brevard’s largest evacuation area.  She stated the center of Central Florida seems to be telling the County how it shall grow; but she would like Brevard County to determine its density; and inquired if the County can follow through with the process of designating vulnerable areas and deciding for itself.  She stated the MyRegion plan is a development plan; and it is a plan to develop Brevard County with a very high density in the face of strained natural and financial resources.  She noted the drinking water support is severely diminished to the point where the District has recommended no further permits be allowed after 2013, while the MyRegion vision goes out to 2050.  She stated big 2,000 to 5,000-unit developments are rushing in to get permits early because they do not want to miss the date; and according to District experts, she anticipates they will be out of drinking water by 2040, which is ten years before the MyRegion plan is finished.  She stated in 2006, in a presentation to the Board, MyRegion related the items not considered by the development model including water availability, current zoning, future land use designations, and individual parcel data because the scale of the project was so large that taking these items into account would have been impractical.  She stated she finds this very troubling; the citizens request the Board protect Brevard County in every way; and requested the Board demand to know how the promises that MyRegion has pledged will be kept and how violations will be enforced.  She stated it is just a sales campaign for rapid high density development that will drain the resources, she is unimpressed; and this is not the kind of Brevard County she wants for the future and the future of the children. 

 

Doug Sphar stated solving Central Florida’s sprawl problem will require a regional solution and cooperation from the various counties and municipalities of the region; and the MyRegion compact could be the starting point for this collaboration, although it has some deficiencies.  He stated rather than trashing the issue, the County should work to correct the problems; he has always been troubled by the MyRegion core premise that Central Florida’s population will more than double between 2005 and 2050, which was based on population predictions by the University of Florida Bureau of Economic and Business Research.  He stated unfortunately BEBR’s projections are basically a mathematics exercise where past trends are extrapolated into the future and does not account for events of phenomena that would temper the outcome, such as running out of water and eventually running out of developable land.  He stated BEBR does not account for Florida’s long-standing or flawed economic model; this model depends on attracting new residents and then building things to serve their needs; and basically development is the de facto State industry.  He stated this was illustrated by Representative Altman when he talked about the Legislature trying to find ways to jumpstart the housing industry; economists are saying that Florida could be pulled into the regional recession because of this dependence on one industry; so it is recognized that this model cannot be sustained indefinitely, and if nothing is changed, probably before 2050 critical resources will be scarce, quality of life will decline, and growth will grind to a halt.  He stated MyRegion should not merely be a tool for prolonging the inevitable buildout of the region resulting from the flawed economic model that Florida had since probably 1890.  He stated he is supportive of the six regional
growth principles articulated in the compact; and commented on moving away from development and diversifying to stabilize population growth, offer economic vitality, conserve resources, and provide a high quality of life.  Mr. Sphar stated MyRegion presents a concept where growth is concentrated in clusters that are connected by transportation corridors; but MyRegion presents no mechanism to guarantee the open space between the clusters will remain open space.  He stated presumably in 2051, the open space could become the next target for development; a substantial portion of the open space is agriculture, which has an important role in Florida’s future; and there should be regional strategies for insuring a continued existence in agriculture.  He stated with the high cost of transportation, it is better for food not to be shipped halfway across the world; and the challenge will be in implementing the compact as there are many devils to be dealt with, and it will take inspired leadership coupled with a fortitude to deal with the entrenched forces that reap great financial reward from the status quo. 

 

Commissioner Scarborough stated he concurs that the way to look at growth is beyond just looking at a city and not to look at the county, and for the county not to see where it is within; and he concurs that is appears to be a growth discussion.  He stated transportation and the environment have always been components of anything dealing with growth; however, there are other profound things happening.  He stated with the layoffs at the Space Center back with the Apollo Program, the County saw a change in demographics; it moved from being the youngest county in the State to being one of the oldest counties in the nation; and the increasing population is showing that.  He commented on the component parts coming together, people on fixed incomes opposed to people earning salaries, people that are in cyclical industries and how income flows, and components of an analysis of a healthy good community.  He inquired if there are any places in the country doing a more holistic comprehensive analysis, looking at demographics and trends.  He advised there will be a need for more people in medical care because older people will need more health care; they will need a different type of housing; and inquired if there are any studies that tell how to deal with these issues in a more holistic fashion.  Mr. Sphar responded he cannot put his fingers on that at the moment; but it should be approached from that point; and he would be glad to undertake a look at it.  Commissioner Scarborough stated the Board says all the time that if somebody else has done something, it is easier to find the model; and when he was involved with MyRegion they were not tasked to do anything but were just discussing everything.  He stated they discussed that within the employer-paid health care, Florida is at the bottom; and Osceola County was the worst in the nation because of the negative impact of a growing tourist industry.  He stated Mayor Crotty did a study where he said tourism is increasing and tech industries are increasing, but tourism is increasing much more and there is an impact to the two different industries; there are many discussions beyond this; and the thing is how to get the tool because he cannot abandon the MyRegion concept.  He stated he concurs that if they do not look at it more than with a few components of growth, they are going to miss the boat; and somebody will come back and say it was a nice exercise, but they missed the opportunity.  Mr. Sphar stated after September 11 when the tourist industry collapsed, Mayor Crotty made the observation that the area was too dependent on the tourist industry and needed to diversify; but as soon as the planes started to land and tourists got off the plane, that initiative was forgotten.  Commissioner Scarborough stated Mayor Crotty’s study was prior to that; he looked at Brevard County; and it was said by the people at the Ames Center that Brevard County had a higher percentage of tech jobs than almost anywhere else in the country.  He stated that is a profound statement because it leads to better SAT scores; and there are relationships that link all of these things.  He stated they
cannot look at a few component parts and understand it; the County is a jewel and he does not want to lose it; they have a start on a regional discussion; and if they do not go back and indicate they want to go to other levels, they are doing a disservice not only to the County but to the entire region.  Mr. Sphar stated they are at a starting point; there are things that need to be worked out; and they should not throw it out, but should try and make it better.  Commissioner Scarborough requested Mr. Sphar try to find out who has done it well; with Mr. Sphar responding he will take that on. 

 

Michael Myjak, representing Save Brevard, stated his background is modeling and simulation; and they have a simple statement, all models are wrong, some are useful.  He suggested the Board think of this a polynomial equation with each element of that equation another facet of life; and stated if the Board misses a piece of that equation, the rest of the equation is wrong and invalidated.  He stated the Lincoln Land Institute does this sort of thing; it is an institute that is designed to do these kinds of studies; and the shell game they were playing with earlier came from there and MyRegion picked it up.  He stated he has studied conservation designs including the work of Randall Arendt; Phil Laurien has worked with Mr. Arendt in the past, so he is hopeful that MyRegion can accomplish something of great value.  He stated the County needs to work with the cities to come to a cooperative agreement; in Florida, tourism and development rule; and this has created a tremendous growth monster as the State brings people here under the auspices of tourism and sells them property, which begets growth.  He stated he has seen its many facets diminish his quality of life over the years; the roads are overcrowded; the schools have portable classrooms; water resources are overtaxed; and the State is not doing much to replenish those.  He advised relying on the St. Johns River Water Management District will not put additional water in the cup.  He stated MyRegion shows a map of what things will look like in 2050; and in a tongue in cheek way, he was pleased to see the added green space developed from converting Patrick Air Force Base.  He stated S.R. 520 and Pineda are gone; and inquired if Kennedy Space Center is always going to remain green.  He stated there are open and green spaces that do need to be preserved; and nothing in MyRegion is going to do that in perpetuity.  He stated all the process does is beget density; there is higher density in certain areas, which is a fine way to start; but that is a detail that is being left up to the local governments to manage.  He inquired how will they preserve the open space if they move the density to the cities and how is local government going to handle adding more density while accepting the fate of no control for open space or interconnected green space.  He stated the County is going to need to develop an agreement with the municipalities within the County, which will be a difficult task to accomplish; but doing it might save Brevard County for future generations and not just the 20 or 30 years that the model proposed.  He stated the County will have to toe the line on no net density increases; the Board has said on several occasions that the problem is with density; and recommended using the tools that are available like planned annexation maps that were developed by the Growth Management Coalition.  He stated if the Board creates a Countywide map of all currently planned land uses including municipal and County and their established zones and then takes the lesser density values identified within the map and articulates them as vested rights, it can lock it down through an agreement with the municipalities; and then working together through the Growth Management Coalition, it can identify an overlap of the spaces within the County that need to be saved, including greenbelt corridors, water recharge areas, and where the density is wanted and where it is not.  He stated then they can codify a system of transferring the development rights from those areas where density is not wanted to areas where it is; and this would allow the increases in density where it is more desirable and retain the areas where it is not, covering those areas with conservation overlays.  Mr. Myjak stated
once the conservation land use is applied, the density in that area will be saved; once the density has been brought into the areas where they want it, those areas can be built up; and they can grow in the direction of the path of the vision that MyRegion has offered.  He stated because there is no net increase in density, this will provide a self-limiting of overgrowth within the County and assure that lands are preserved for future generations; and inquired if they can work within Brevard County the same way that MyRegion is asking them to work within the region and do they share enough of a common vision of how Brevard County can be as it matures.  He stated as things grow to maturity, growth ceases; and it then moves into a stable form of life.  He stated what they are doing now is not stable; they constantly nibble away at the land and develop an urbanized land; but there has never been an acre of urbanized land that was converted back to agriculture.  He stated more people mean more food; and inquired where is the agriculture going to come from.  He stated everyone has the desire to see a change in the current growth patterns toward progress, sustainability, and a higher quality of life; but he does not know if they have the will to make it so.  He stated the County has the tools along with the municipalities if it works together.

 

Chairperson Colon stated a lot has been asked and she is definitely interested, especially in the first person who spoke.  She stated she has been reading and trying to listen to the speakers at the same time; and she does not even know where to begin to ask questions.  She stated information has been given to the Board regarding money laundering; people have said that is farfetched; but she has in front of her a written testimony of Jean-Charles Broussard, who is an international expert on terrorism financing.  She stated this has been before the Committee on Banking, Housing, and Urban Affairs in the United States Senate; and it basically talks about the monies of legitimate business transactions that were given to Al Qaeda.  She stated it is in depth; and she would like to know if this has been brought to Mr. Hybl’s attention.  She inquired how do they know who the players are; stated there are a lot of respected leaders in the seven counties that are part of MyRegion and so forth; and inquired how does MyRegion protect itself and know who some of the players might be.  She stated this is nothing to play with or just look the other way; and inquired has this kind of information been shared with MyRegion.  She inquired how will MyRegion start bringing to the attention of the members who the players are; and stated she does not even know where to begin.

 

Dean Hybl, representing MyRegion, stated they heard a minimal amount of this prior to the more specifics that have come out today; and he will clarify a couple of things.  He stated Randy Lyon has been the Chair of MyRegion since 2004; he did not join Xentury City until sometime in 2005; and he left the company in 2007, so it sounds like his time with the company was not during the time that this was in question.  He noted his role is not to answer for Mr. Lyon who has been a big part of the community for many years and is very involved with MyRegion; and if there are specific concerns he is sure Mr. Lyon can address them.  He stated there is no basis for any of that element regarding MyRegion being part of that; and the other thing that is important to bring up is that MyRegion and the process is not a development mechanism.  He stated the process is about how the region shall grow in all areas; and he has heard Commissioner Scarborough say this several times.  He stated the how shall we grow element is one of many things that MyRegion has looked at since 1999 when it first started; and Commissioner Scarborough was involved in that. 

 

Chairperson Colon stated some of the questions that were asked were about how to implement this, how much is it going to cost, and so forth; and some of the concerns were in regard to land
use, zoning, and Tallahassee.  Mr. Hybl stated he commends the people who came before the Board today because they are asking the right questions; MyRegion has asked that question; and Commissioner Voltz can testify to that throughout the process.  He stated the easy part, which involved 20,000 citizens, was coming up with the vision; and the hard part is going to be implementing it.  He stated Mr. Sphar’s points are very true; it is about changing the status quo; and he appreciates the invitation to this meeting.  He stated his role today has been to take notes and continue as the Board has conversations; but Shelly Lauten and Phil Laurien will be in Brevard County on September 13, 2007 to give a presentation to the Board and the other members of the Brevard MPO; and they were not asked to give a presentation today.  He stated Commissioner Voltz and the other members of the joint policy framework have been giving some teeth and ideas to the principles over the last few months as far as things that can be done individually by cities and counties to gauge on the four key themes; and the first is identifying and preserving as much green space as possible.  He stated they have heard that green space is going away at a rapid pace; they need to maintain their heritage of agriculture and countryside; and as Mr. Myjak said, they need to have development in the appropriate location centers of population and then connect those centers with corridors with transportation alternatives.  He stated that is the essence of the regional vision; and that is the  part that has to be done through not maintaining the status quo, but for elected officials to make those choices to identify what the strategies are.  He stated the Board heard one option for a strategy; he is sure there are many others; and that is what will have to come over time.  He reiterated Ms. Lauten and Mr. Laurien will be at the MPO meeting on September 13 to address the issues and talk about the strategies, because implementation is going to be done through the MPO’s, regional planning councils, and through city and county governments.

 

Chairperson Colon inquired why is it that the maps do not match; and stated she is uncomfortable because the maps are not matching.  Mr. Hybl stated he does not understand what Chairperson Colon means by not matching.  Chairperson Colon stated it is not matching the dots that were on the previous maps; it was supposed to be almost a game; and it has people concerned.  She stated when they looked at the game, it was impossible to put the pieces in some of the land; it turned to almost a joke where they were putting pieces in the water because they did not fit anywhere; and it was difficult to put all the pieces in; but all of a sudden the Board is seeing the vision that almost looks like it is written in stone, which is scary.  She stated Commissioner Voltz was at the different sites; she went to the one in Mims and one in Melbourne; but that is the part she is concerned about, specifically with Merritt Island.  She stated before the map showed a lot of growth along U.S. 1; but she does not see that in the current map.  Mr. Hybl advised the purpose of the exercises or games was more than anything else to get an understanding of what was important to the residents who were participating; and what came out of it was the four themes.  He stated they need to preserve conservation; they do not want population sprawled everywhere, but want it in specific centers; and it was not designed to say this place would have this number of people and that place would have that number.  He stated they asked every city government and all of the county governments for the unincorporated areas to tell what they envisioned the population to be in 2050; the exercises were not designed to be real specific; and Commissioner Voltz and Planning and Zoning Director Robin Sobrino helped.  Chairperson Colon inquired if this was said before; with Mr. Hybl responding yes.  Mr. Hybl advised when Mr. Laurien and Ms. Lauten were here for the workshops in April and when they came back in late April or early May at the Commission meeting, that is what they said both times; and that is why they are asking the cities and everyone in the unincorporated areas for that information.  He stated if the Board remembers
the overlays that were handed out, they are what the information was regarding; and that came back to show what the cities and counties envisioned their population to be in 2050.  Mr. Hybl stated the MyRegion vision element is the hope that growth is somewhat condensed as Mr. Myjak said, developed in the appropriate places, and not sprawled out through the environmental areas and things of that nature; the centering element is the vision part; and then the actual population projections, which are estimates, came from the city and county governments to indicate what is envisioned. 

 

Commissioner Voltz stated in the Merritt Island area the little red dots indicate a small city between 30,000 and 49,000 people; it is already 30,000 people; and it is not saying that it will be 50,000 people, but is just an indication of where the population is.  She distributed copies of How Shall We Grow; and stated the meeting in Osceola County was wonderful.  She stated many of the issues that need to come to the Board were brought up about how to implement and how to preserve green space.  She stated those things are up to the Board; it is not a development plan; and nobody is going to come in and make money off of Brevard County citizens.  She stated when she was cleaning out her office she found a book called Silicon Valley, Regional Strategy; and she understands it was done in 2003. 

 

Commissioner Scarborough advised former Commissioner Sue Carlson went out there and met with some of the local leaders some years ago; and she brought back the book to the Board. 

 

Commissioner Voltz distributed copies of a section of the book; and read aloud from the section on perspectives on regional stewardship.  She stated building healthy communities is less about structure and more about building relationships; and what seems to be emerging in some communities is something new, networks of responsibilities drawn from all segments coming to create wholeness that incorporates diversity.  She stated the participants must come to be at home with change and exhibit a measure of shared values, a sense of mutual obligation and trust, and above all they must develop a sense of responsibility for the future of the whole city and region.  She stated the Silicon Valley visioning process can serve as a model for future initiatives to bring the region together.  She stated it was first grounded in what people value to find common ground that facilitates understanding and trust; and it was inclusive involving thousands of residents in meaningful ways to share their concerns and hopes for the future.  She stated it engaged leaders, representatives of the region’s diversity, and people who can influence important stakeholders; and high quality information and meeting tools were provided to facilitate understanding and communication, and ultimately the visioning process, focused on a tangible outcome.  She stated a set of goals and progress measures can be used to track progress toward realizing the vision in Silicon Valley; and it is exactly what the County is doing today, looking at how it is going to grow.  She stated it is not up to MyRegion to determine how Brevard County will grow; it is up to the County; and the County has just been given some tools that it can use if it so chooses. She advised all the other communities are very excited about this; they had nothing but positive things to say; and they do not want to continue growing like they have been growing, but want to be sure that if they are going to do something, they are doing the four things, conservation, countryside, centers, and corridors.  She stated she is sure everyone has met with The Viera Company; its goal for part of the new DRI is a huge center; it is going to be exactly what the MyRegion vision has been; and that is a center where people will work, live, play, and walk, with no cars.  She stated that is what The Viera Company’s research has shown that people want; that is what the younger generations want; and it is amazing because that was how her generation grew up.  She advised she lived upstairs over a shoe
store; she walked to school, church, and to work; and it is a great concept; but it was also indicated that the Baby Boomers want to be in the outskirts and do not want any part of being upstairs over a shoe store.  Commissioner Voltz stated they need to have something for everybody; it is not just for those people who want to have things their way; and everyone understands there are things that will be done that not everybody will be happy with; but that is just the way life is.  She stated she served on MyRegion for a year and a half now; she put Brevard County first; and she has spoken up to make sure that the County is heard and its concerns are noted.  She stated Brevard County is going to be part of the big picture; and if it does not want to be part of the big picture, it is going to miss out on how the other counties grow because how they grow is definitely going to affect Brevard County, and how Brevard County grows is going to affect the other counties. 

 

Chairperson Colon stated one of the things the Brevard County knows is that it has been doing a good job; it is not going to look at Orlando as a model; and the County is creating the kind of community it is doing and has some areas like Viera that are a little bit of the mixed planning.  She stated she is not going to let go regarding who is tied into this; and Mr. Hybl cannot answer that.  She noted he is not a private investigator and she does not expect him to do that; but she is not going to let go of this because they need to find out who is investing, who is going to benefit, and who the players are.  She stated once the question has been raised, it would behoove them to look at those issues; that is not going to be Mr. Hybl’s department; it is going to be something the Board is going to have to ask; and in regard to the implementation, the Board has asked Ms. Lauten and those folks, and they said that later on that is where the State comes in regarding land use and the whole bit.  She stated Brevard County does not mind being part of the meetings; she is comfortable that it is not written in stone; and the Board will have to have that assurance on September 13, 2007.  Mr. Hybl stated this is nonbinding; it is up to the power of good ideas; many of the citizens have been a part of this; and now it is up for implementation in certain areas.  He stated some things are appropriate in certain places and some are now; and as far as funding partners, there were ten organizations that funded How Shall We Grow, which was an $850,000 campaign.  He stated there were two State agencies, Florida Department of Community Affairs and Florida Department of Transportation, that put money and effort from staff into the process; and the East Central Florida Regional Planning Council, which represents six of the seven counties in Central Florida was involved, advising Polk County is part of the Central Florida Regional Planning Council.  He stated there were five Metropolitan Planning Organizations who are part of the seven-county region; and outlined which MPO’s represent which areas.  He stated the other two funding partners were MyRegion and the Orlando Regional Chamber of Commerce.  He stated what spurred this a couple of years ago was the Penn Design Central Florida Study that came out from the University of Central Florida, through work of students from the University of Pennsylvania’s Graduate School; every year that school looks at a region, city, or country in terms of how it is going to grow; it was the first time they quantifiably showed how Central Florida, from a land use standpoint, was going to grow; and they have learned more since that time.  He stated today the amount of developed land in Central Florida is 2,500 square miles; it was just 1,500 square miles in 2000; so in the last seven years as a region, they have developed 1,000 square miles of land; and the projection is over the next 45 years, they will develop another 2,500 square miles if the area continues growing as it has been growing.  He stated that is the impetus; as Mr. Sphar talks about the population and concern over using the BEBR numbers, it is really not how many people are coming, but how the land is being used today and whether they will continue using it in that manner.  He stated that is the concern and was the impetus for this element; and
in the first phase of MyRegion, there were six priority areas, smart quality growth being one of them.  Mr. Hybl stated when the Penn Design Study came out, the region could not make any changes, other than incremental changes, in the other five priority areas until it understood the growth issue and saw how it wanted to grow as a region; that is what they have done; and MyRegion is looking at what might happen in a third phase.  He noted Commissioner Scarborough and former Commissioner Carlson were part of creating the strategy for the next phase of MyRegion; and if there is anything else the Board would like to talk about on September 13, 2007, it should tell him before that date so he can make sure that Ms. Lauten and Mr. Laurien address the concerns. 

 

Commissioner Scarborough stated he does not want to sound like he is being negative; but he has been in things that were more enlightening than the process of moving dots around on a page; and commented on upcoming discussion on an EEL’s purchase, transportation, and creation of an MPO alliance before MyRegion was started.  He stated the thing that is missing is that it was not just a lineal discussion; it was complex; he mentioned Richard Florida’s comments about having a creative community and not having technology; and there was rich dialogue.  He stated the County just finished the Mims Small Area Plan; what occurred there is more impressive on that small level than what occurred regionally because it moved beyond; and when they have the presentation, it was images of Mims and what the people wanted to evolve.  He stated it was creative and captured the imagination; and MyRegion is not catching the imagination.  He stated they need to go back to having people like Richard Florida, go to the community colleges, and create public dialogue.  He stated the area is going to grow; everybody admits that; but the question is what will the area look like; and no one knows; but when good creative people get together with an open dialogue wonderful things happen.  He stated he agrees with Commissioner Voltz; he enjoyed every moment at MyRegion because he would come back and see things differently; and they should do more. 

 

Mr. Hybl stated the process was a land use vision primarily; one of the things that came up at the summit was that the next thing they need to talk about is how shall we live.  He stated that is what Commissioner Scarborough is talking about; and that is where they are going from here.  He stated they have to stop the bleeding; they have developed 1,000 square miles in seven counties in seven years; and that is not acceptable.  He stated now some of the thoughts from citizens will make some alterations to that; and then they will discuss how shall we live. 

 

Chairperson Colon stated this is the only opportunity she will have to discuss this, since Mr. Hybl is here; and the MyRegion people need to make sure they do not have a blind eye to some  things.  She stated the article is about the Central Florida/Xentury City tourism connection in 2002; it says that Xentury City has been reputed to have ties to terrorism in Saudi Arabia, and that “County Commissioners initially appeared to be unaware of the alleged connections until one Commissioner, Ken Shipley came back to a meeting with officials to discuss it.”  She stated she is not from that area and was not reading what was going on then, but the article says that the tiniest link would be a real black eye for Osceola County.  She stated the article suggests if the citizens are concerned that Osceola County may be making a big mistake by contracting with Xentury City Development, it should email the Osceola County Commissioners; and the article goes on to talk about the connections of the different players.  She stated Mr. Hybl was saying that Randy Lyon worked for Xentury City or was a partner years later; this is under that whole cloud; but this is 2007 and time is passing fast.  She stated she is concerned when there is something of this magnitude dealing with terrorism; and commented on the frame of mind that
it is not a problem.  Chairperson Colon stated there are a lot of good people looking at this; there are a lot of investors; everybody has been wanting to connect Orlando to Brevard County; and there is a lot of development that will be going on.  She stated that is really where the concern is from her end; and recommended the Commissioners read the information that was submitted.  Mr. Hybl stated Commissioner Shipley is now the Chairman of Osceola County and is on the joint policy committee the same as Commissioner Voltz, so he is actively involved.  He sated Commissioner Shipley was actively involved with How Shall We Grow and is on the MyRegion board.  Chairperson Colon stated the Chairman worked for that development; with Mr. Hybl responding he is the Chair of MyRegion.  Chairperson Colon stated based on the information the Board received, this is bigger than what the Board was discussing regarding planning. 

 

Commissioner Voltz stated she had a meeting with Kathy Scheetz in her office six to ten months ago and Ms. Scheetz brought this to her attention.  She stated the first thing she did was call Ms. Lauten, who had Mr. Lyon call her; she had a lengthy conversation with him about this; and suggested the other Commissioners call Mr. Lyon to find out from him what his position is and what his involvement was.  She stated she was satisfied after talking to him. 

 

Chairperson Colon stated Mr. Lyon needs to put that in writing instead of talking behind closed doors; the Board of County Commissioners has the right to ask that question; and suggested sending a letter advising the Board has concerns so Mr. Lyon can put his response in writing.  She stated she does not want to talk to Mr. Lyon; she wants it out in the open; and she wants to have something so that if it ever comes back in the future, the Board can say this is the information it has.  She stated if there is nothing there, there is nothing there; but right now the Commissioners need to get something to put their minds at ease.

 

Commissioner Voltz stated the next step is how to implement and where do they go from here; the board she has been meeting with is going to be meeting in September or October; and at that point there will need to be a decision on new players.  She stated she has done a year and a half on the board; she has a lot of knowledge; sometimes it is hard to get it across to the Board; and suggested the Board think about who could take over for her and go to those meetings.  She stated that is where it is going to start on the decisions of how to put it together, how to get lands into conservation in perpetuity, how it is going to pay for it, how it is going to work, where the water is going to come from, and how is the infrastructure going to be paid for; and all of those things need to be brought out because this is just the start.  She stated the rest of it is going to be about how to work together; and suggested someone else taking over.

 

Chairperson Colon stated Commissioner Nelson is looking good; with Commissioner Voltz responding that is just who she was thinking of.

 

Mr. Hybl advised any of the Commissioners are welcome to attend the joint policy committee meetings or the MyRegion board meetings.

 

Commissioner Voltz encouraged the other Commissioners to attend to see how the process is working; stated the Board has gotten bits and pieces of the puzzle; and commented on Ms. Wheeler coming to the Board from Titusville bringing another piece of information.  She stated she has a lot of information; she has tried to give the Board the information; she has the big picture; and inquired if Commissioner Nelson can take over.  She stated Commissioner Nelson has a lot of questions; and he would do a good job. 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint Commissioner Nelson to the MyRegion.org board.  Motion carried and ordered unanimously.       

 

 

Commissioner Nelson stated he would have been more comfortable if they had gotten to this point and wiped the map clean because when he looks and sees that Palm Bay wants to be the size of Orlando in 45 years, it scares him.  He stated there has to be some disconnect that shows that; but that is what the City of Palm Bay sees itself as being.  He stated the question is how to do that and fulfill the six principles, because one of the principles is to preserve land; and he would like to know how Palm Bay is going to preserve land that it has just annexed, which is where it wants to grow.  He stated it does not add up; and that is of concern to him.  He stated this is starting to work its way into land use decisions; there is a commercial project on Palm Bay Road and I-95 that is a development of regional impact; and they are being encouraged at the Regional Planning Council level to do a town center, which is to have residential above commercial.  He stated when he looks at that location and thinks of a town center, he thinks there should be some more planning because they are talking about residential over commercial next to I-95; and he does not know how they will ever get that filled.  He stated they have not worked out where the land will be preserved because residential occurred over commercial; it does not happen; and there is nothing in place that addresses the fact that preservation needs to occur.  Mr. Hybl stated as part of the direction from the joint policy committee at its first meeting in February, it said there was no need to wait until August to start working on some of the issues, specifically on developing a regional green-print to identify the areas that need to be preserved and begin working on implementing strategies on how to preserve those things.  Commissioner Nelson stated he does not disagree with the need to work on that plan because it is part and parcel of this discussion; if there is going to be additional density, it is going to tighten things up; and then they will need to have the other piece in place which currently does not exist.  He stated that is his concern; and they will be asked to make those kinds of land use decisions in the next few months.  Mr. Hybl stated hopefully the land use piece will be done by November in terms of the key environmental lands across the seven counties; then they will start working on that along with the other elements; and it is a crucial piece.  Commissioner Nelson stated he does not want to give the impression he does not support planning because it is a critical element; but the detail has to be in place.  He stated he likes Commissioner Scarborough’s concept of talking about the big picture; but there is also the day to day things that they have to work on to make sure they do not get away.  Mr. Hybl stated that is the way it is supposed to be; it is all about moving forward; and reiterated that Ms. Lauten and Mr. Laurien will be present on September 13^th so if anyone has anything between now and then, they should let them know.  He stated they have some good ideas from what has been discussed today as far as some of the elements of that presentation; and thanked the Board for being part of the process.  He stated the County’s support has been tremendous; and it is not supposed to be a cumbaya moment but for everyone to be talking about how this is going to be done, going from the vision to reality. 

 

Chairperson Colon inquired is it the neighbor’s reality or Brevard County’s reality; with Mr. Hybl responding it is everybody’s.  Chairperson Colon stated she is not interested in everybody; she is not an elected official of anywhere else but Brevard County; and that is what the Board cares about.  She thanked Mr. Hybl for coming before the Board.  Mr. Hybl stated he will close by reading Mr. Sphar’s comment, “This is exactly where we are.  The challenge will be in
implementing the compact.  There are many devils to be dealt with.  It will take inspired
leadership coupled with the fortitude to deal with big money development interests.”  Chairperson Colon stated the big money part makes her nervous. 

 

 

 

Commissioner Scarborough stated Grissom Parkway was planned before he came into office; it looked like they were going to have to widen U.S. 1 without having Grissom; and Grissom now feeds to the north along the area that is being impacted.  He stated there has been further growth of the Port St. John community, so when this issue came up staff had to deal with property that was being platted in the City of Titusville but impacted a road that was a County road; and that impacted Brevard County citizens in Port St. John.  He inquired how many years has this been going on; and noted to say it has not been an easy discussion would be an understatement; with Transportation Planning Director John Denninghoff responding four years under the current scenario.  Commissioner Scarborough thanked staff for working diligently; and stated some credit should go to Titusville City Attorney Dwight Severs who recognized the significance and engaged them in a more meaningful dialogue than what was occurring.  He stated at this juncture the County can proceed; and there were some questions about curbs and left-hand turns.  He stated the problem with the project is that there will be commercial on both sides of a busy highway; and advised someone can drive down a two-lane road with no curb cuts at 60 mph, but on a six-lane where people are moving from one side to the other, everybody is crawling around each other.  He stated they want to keep the traffic moving; and inquired if Mr. Denninghoff wishes to comment.  Mr. Denninghoff stated he is excited that they are to the point where they are happy about the engineering on the project; it has been a long time coming; and there has been a lot of work on it.  He stated there are some i’s to dot and t’s to cross with respect to final engineering but they are minor; and there is going to be a four-lane road in an area where it was not always a certain result.  Commissioner Scarborough inquired at the current time if there is an ability to do the left turns; with Mr. Denninghoff responding yes.

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to grant final engineering approval for Grissom Parkway Widening Improvements, subject to minor engineering changes as applicable and developer obtaining all other necessary jurisdictional permits.  Motion carried and ordered unanimously.   

 

 

 

Scott Ellis submitted paperwork to the Board; and stated the issue is an EEL’s purchase.  He stated there are two disjointed tracts on either side of Grissom Parkway; it would be appropriate to have Mr. Denninghoff present; Tract 2 has no access to the property so the County is buying spare parcels on the right hand side that have no access to the left or west side; they are somewhat connected on a dirt road; and the concerns are numerous.  He stated apparently the County is doing the heavy lifting for the State on this; he distributed the article which came through AP that the Department of Environmental Protection and the St. Johns River Water Management District were buying parcels up and down Grissom Parkway; this has been going on; and he looked at a map six or seven years ago showing that the State was buying parcels in

this area.  Mr. Ellis stated he does not understand why the County is now buying parcels in this area; and inquired if it is a State project why is the County doing the heavy lifting for the DEP.  He stated if the State has run out of money, that is the State’s problem; and inquired how is the County going to maintain property that has ownership between the County, the State, and numerous private individuals in that area.  He stated the Board is familiar with the Canaveral Groves type of platting where there are thousands of lots sold to thousands of people.  He stated the property on the Agenda has been ranked as the highest priority; but almost everything is the highest priority.  He stated the original white paper that was done on this months ago asked what are the highest priorities; when it came back in 1996, there were seven or eight large parcels identified, not just in this area but all over the County; and there has been no prioritization of EEL’s monies.  He stated projects just come in; there is no reason why they are there; and if there is going to be an EEL’s Program with multi-million dollar land purchases, there should be a priority for spending the money; but there are no priorities, so it is misleading to say that something is a high priority.  He inquired if there is $50 million to spend, what is the total that has been labeled high priority; and stated if what is classified as high priority is going to cost a billion dollars to buy, then nothing is really labeled a high priority.  He stated it is so broad that anybody that pops in with anything in that area is going to be a high priority; this property has come out of nowhere; it is on both sides of Grissom Parkway; property is inaccessible on one side and barely accessible on the other; and it is $40,000 an acre for uplands and $6,000 for wetlands that cannot be accessed.  He stated there is supposed to be a maintenance plan submitted with an EEL’s purchase but there is no plan or cost shown; but it does not matter because on the east side the County could not maintain it if it wanted to because it cannot access it.  He stated he does not understand what drives the EEL’s Program; there should be a master plan of projects; but when there is a master plan that is big but there is a smaller amount of money, that is not a master plan.  He stated the County has struggled through the parks projects, but those projects can be identified and ranked according to which ones will be first; but EEL’s has no such structure; and that is what leaves the County vulnerable to people coming in and dumping their property on the County because the project is going nowhere.  He stated there is a period now of rapidly declining real estate values; and that is why he has warned repeatedly about appraisals coming in.  He stated prices are rapidly going downhill; they are not going uphill or even being maintained; and currently there are more foreclosures filed in Brevard County this year than any year for the last 30 years, which is as far back as he could get data.  He stated he was curious about the early 1970’s when the Apollo Program ended; but he can say that this year exceeds any other year in the last 30 years and there are five months to go, so as real estate prices tumble and project tumble, the County is still paying top dollar for projects and prices that would have been paid a couple of years ago.  He stated it is touched on in the article about how land prices are falling; the State has used its money; if land prices are falling, the County needs to recognize that when it gets the appraisals; and it needs to have a master plan before it buys property.  He stated every other meeting, it is a hodgepodge of property coming in to be purchased; there is a chunk here and a chunk there; and now they are up and down Grissom Parkway, out of nowhere, buying property that he suspects is surrounded by property owned by the State.  He reiterated there is no master plan; and there is not one person in the room who can tell him what the highest priorities are for the EEL’s Program within the $50 million to $80 million it has to spend.  

 

Michael Myjak stated he drives through this area rather often; it is part of the bottom end of the Atlantic Coastal Ridge; it is scrub habitat, recharge area, and wetlands; and they seem to have lost sight of the value of the land not just being in being able to drive out to it, do something to it,

or build on it.  Mr. Myjak stated there is wildlife, habitat, and other things that need that land too; this is one of the few science-based acquisition programs in the country; and he supports the decision to buy this land.

 

Doug Sphar stated he is supportive of the acquisition, which helps fill in a mosaic of undeveloped land that runs from U.S. 1 to the St. Johns River.  He stated he is an old time resident of Brevard County and remembers when Canaveral Groves was a big swath of land that ran from U.S. 1 to the river; there was an observation tower; and the motto was “an acre for the price of a lot.”  He stated people bought land without ever setting foot on it, with a promise that the County would put in the roads; but the County never put in the roads; and as a result there is this big block of land that is now available for environmental purposes.  He stated whether the County has this piece and the Department of Environmental Protection has the next piece and St. Johns River Water Management District has another piece, it is still part of the mosaic; it is still public money; and it is still in the public interest.  He recommended going forward with the acquisition. 

 

Commissioner Scarborough stated Mr. Ellis commented on the declining market; and the purchases go back to the EEL’s Committee, which to some extent prioritizes them.  He stated Ross Hinkel explained to him that they may have parcel A that they would really like to purchase but parcel B is available, so they begin to work on parcel B, but then parcel A becomes available, so they never know until the last minute exactly where to spend the money.  He stated Mr. Ellis commented about falling real estate; and inquired if any economic analysis has done on the benefits of deferring and understanding when the EEL’s Program could acquire properties at lower values rather than doing the acquisitions now.  He stated that may be an economic philosophical question that is beyond a committee that is making fundamental decision on what to buy and a priority list.  Environmentally Endangered Lands Program Manager Mike Knight responded they have not; they depend on the appraisers for that; and all of the acquisitions that are done are utilizing the State-approved appraisers who are required to go by the guidelines.  He stated in this case there were three different appraisers, two did the actual appraisals, and the third did a third-party independent review of the appraisals.  He stated they depend on the appraisers for that expertise and to do market analysis; and he would be happy to look into it.  Commissioner Scarborough stated he does not want to speak for the economists; but at one time a person would put their property on the market and there would be three contracts the next day higher than the value; but today people have their property on the market and every six months, they lower it $5,000 or $10,000.  He stated the appraisals are hindsight; and it is not what property is listed for but almost defining trend lines; the County has limited assets; and this concern is shared by people who support the EEL’s Committee as well as Mr. Ellis who is approaching it economically.  He stated he does not know if there are people who analyze things from that perspective; and if they knew there was not going to be a movement, they may be more aggressive in whittling down the price as opposed to looking historically to the appraisal, which is looking back up the trend line.  Mr. Knight advised there is a decline in the housing market, but they are not seeing that in the large vacant tracts of land where people buy and hold them for a long time; when the market was booming, the County could not get anything acquired because it could not keep up with the prices; and if there is an optimum window to pursue, he is not sure what that would be, but it would be a very small window and not give an opportunity to look at a large acquisition program.  Commissioner Scarborough stated there was a period when the County owned an industrial research park; for a long time the values that were reflected were historical values because nothing sold; and the problem was the market was so flat that the County was not getting any sales.  Commissioner Scarborough stated there is not enough action in the market to determine about the large tracts; people in a single family home may in desperation sell it and get out; but the question is whether the Board is being as aggressive with the taxpayers’ money as it should be and acquiring as much as it can.  He stated he is not going to second guess what the EEL’s Committee decided; that is one reason they have an EEL’s Committee; from the beginning the Board said it was going to have people who were environmentalists and knew where to go; but the Board does have a responsibility to assist them with that type of product.  He stated it would behoove the Board to have staff bring back ideas on how it can better understand the trend line and the value of appraisals that are dated when the values are going down.  Assistant County Manager Mel Scott stated they are experiencing the same things in land aggregations that they are attempting to do for road projects; they are finding it is a buying time because there are willing sellers; but with the larger tracts, they do not have the comparables because that segment of the market has no activity.  He stated a comparable land acquisition of 30 or 60 acres gets to that part of the market where it is a hold and wait kind of property owner to start with; and they are finding they can jump on it even if the comps are slightly dated because now there are willing sellers.  He stated in his experience this is the time to jump on it even if the County is not getting the bargain that it would like because there is value that is intrinsic to the willing seller that the market is now providing; and the Board is a very unique niche when it comes to that portion of the economy that wants to buy.  Commissioner Scarborough stated Representative Altman said the whole problem was valuation; in this neighborhood houses were at $400,000, but today the same houses are down to $250,000; and he does not know if similar things are happening with raw land, but if similar things are happening, the Board would have more money to buy more land.  He stated that is something the Board needs to look at. 

 

Commissioner Nelson stated initially the State had taken this program on at 100% and was doing the acquisitions.  Mr. Knight advised that was back in the early days, in 1995 or 1996 when it was first established as a project area and was pitched to the State to be included in its project area; so originally it was not on any list, then it was on the B list for 50% reimbursement, and then the FWC stepped up for this particular piece, which is when it went on the A list and the State did acquisitions directly.  He stated it happened at the same time as the Valkaria project; and rather than doing two separate closings and transferring to the State, the State did the acquisitions direct.  Commissioner Nelson stated the State made some big cash deals; documentary stamps are down so the State is running out of money; and inquired if there is any limitation on the time that the State would reimburse the County.  Mr. Knight responded he is not aware of any limitation, but there could be several years down the road. 

 

Commissioner Voltz stated Mr. Ellis brought up a good point about how the County looks when it buys land and what is the priority; there is no master plan as to what the priorities are; there is a list of projects that EEL’s would like to purchase; but the willing seller part of it is when the money comes in and the land is actually purchased.  Mr. Knight stated that is correct; typically ever year the SMC reviews the lands that are on the proposed list; the list of lands is much larger than there would ever be money to acquire so they go through a prioritization process; and right now the maps they are working from have the priority lands and the highest priority lands.  He noted the highest priority properties are within yellow borders, so they are tagged differently within the map system; and that is reviewed at every meeting because The Nature
Conservancy provides its spreadsheet.  Mr. Knight stated they go through all the changes with the Committee from the last months; and then whenever the willing seller situation changes, that drives the process.  He stated priorities change for a very high priority property if the willing seller is not available for any length of time; but that can also change within a week.  Commissioner Voltz stated if there is a piece of property that is a much higher priority, but there is no willing seller, then the money is spent on those projects for which there are willing sellers, and that priority project may never get purchased.  She stated they purchase properties as they become available; with Mr. Knight advising that is correct.  Mr. Knight stated there is some waiting done in hopes that willing sellers will come available on some of the priority parcels before the EEL’s Program puts itself in that situation.  He stated in the past negotiations have started much closer to the appraised value; now they are seeing negotiations start at 77% of the appraised value; and still the negotiated price on this parcel is below even the lowest of the appraisals.       

                                             

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to approve Assignment of Option for Sale and Purchase of the Veronica Estates Inc./Veronica M. Lawhon Property; execute Assignment of Option for Sale and Purchase; and authorize staff to exercise the Option for Sale and Purchase on or before October 18, 2007.  Motion carried and ordered; Chairperson Colon voted nay. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to investigate and report on the basis to calculate trends.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon stated there is certain criteria and information that is supposed to be given with every package when there is a purchase; and inquired why is it that some things are missing on this particular one.  Mr. Knight stated he is not aware that anything is missing; he knows there are some differences of opinion on that; and one of the references was that the conservation value of the site is not noted, but it is.  He stated they reference the specific categories of the habitats that are listed in the Land Acquisition Manual; and they do their best to disclose the management constraints associated with properties, but there is no way to put a dollar value on what the management constraints are without doing excessive spending and time to evaluate all of the resources.  He stated most of the time they do not have the freedom to be out on the sites doing that kind of analysis prior to the acquisition of the site.  Chairperson Colon inquired if Mr. Knight is referring to the maintenance; with Mr. Knight responding yes, the management.  Chairperson Colon stated that is part of what is required; and inquired who is deciding that this will not be done; with Mr. Knight responding that is one of the problems with the Land Acquisition Manual that they are in the process of revising.  Mr. Knight advised they have been in a state of audit since 2004; they have been trying to get to the revisions; and they think there needs to be a tremendous amount of revision done to the manual to make it more clear.  Chairperson Colon stated the community has asked about passive recreation; and she would like an idea of the land that has been acquired by the Board and whether there are any plans, because it is not just about acquiring.  Mr. Knight stated all of the sites are required to have management plans.  Chairperson Colon inquired when will the manual be coming back; with Mr. Knight responding they are in the process of recommending revisions right now; they have to go through both Committees; then they will come to the Board; and hopefully that will happen before the six-month timeframe is up. 

 

 

Chairperson Colon stated Michael DiChristopher submitted a card for Item VIII.E.1; but the Board spoke on that item this morning; and September 11, 2007 is when the executive session will be scheduled. 

 

Mr. DiChristopher indicated he is present to address the citizen request of Nicholas Szuchy.

 

 

 

Nicholas Szuchy advised of his and his wife’s occupations and length of residency; and stated they reside at 2035 Rockledge Drive in unincorporated Brevard County.  He stated the reason for his appearance today is that his property provides access to 25352300525.2 with a ten-foot ingress/egress easement; and he is concerned that emergency vehicles cannot access this easement from 18-foot wide Rockledge Drive.  He submitted pictures and paperwork to the Board; and stated the first picture shows the ten-foot easement off Rockledge Drive across his land; the second picture shows the new house that is almost complete on the 525.2 facing U.S. 1; and the third picture shows the 25-foot access easement to the new house off U.S. 1, showing tire tracks of large dual-wheeled vehicles.  He stated he will review the 25-foot easement to U.S. 1 across the property sold to Gomer Mitchell; and those are the next three pages.  He stated the first page would be from a County engineer prior to the creation of a 25-foot easement, discussing the greater than 70-year access to U.S. 1; the second page shows the deed to Gomer Mitchell; the third page is a printout of the recorded survey; and the last page is a WPA map, circa 1940’s from County employee John Fanton, showing the June 1937 access to U.S. 1.  He stated a Fire Inspector visited the land and advised a fire truck could not turn off Rockledge Drive to access 525.2; and requested in the spirit of the County to provide access of emergency, fire, and life safety services, that an alternative access be considered rather than the Rockledge Drive access.  He stated the inability of his ten-foot easement to accommodate emergency vehicles to 525.2 could jeopardize both the 525.2 property and his property.  He noted a much more detailed assessment has been submitted to County staff in his Agenda Report. 

 

Chairperson Colon inquired what the normal transaction with this particular item is.  Planning and Zoning Director Robin Sobrino responded this is a multi-agency operation as far as identifying access and recognizing it for development purposes; the first step is going through Address Assignment for an address to be assigned to a piece of property that someone wants to pull a building permit on; and if it is determined that they do not have roadway frontage, they come through the Planning and Zoning Office, which acts as the gatekeepers in sending out to all of the different development-related departments a request for either an easement or a flag stem request.  She stated this has been handled a little bit differently only because there are
some things that took place way back when as Mr. Szuchy has pointed out; there are a number of easements that were identified in the 1930’s, 1940’s, and 1960’s; but the County does business differently these days.  Ms. Sobrino stated the essence of the issue is the property that Mr. Szuchy is expressing concern was identified as being legitimately having been provided easement through Rockledge Drive through a document that was signed by the Land Development Office.  She advised it stated that while today typically the County requires a 25-foot easement, because of the history and the fact that the easement was identified in 1968 and 1982 the County adopted an Ordinance that said it would recognize any easements of ten feet or greater as being legitimate access, the property that Mr. Szuchy has concern about does have legitimate access in the eyes of the County by way of Rockledge Drive.  She stated Mr. Szuchy is requesting that the property owners’ address be changed to U.S. 1 because of other types of easement arrangements that had pre-existed the 1968 easement approval.    

 

Chairperson Colon inquired why is this before the Board through a citizen request and not going through normal channels; with Ms. Sobrino responding because in the view of staff at this point, this is a private matter and staff does not have authority to assist Mr. Szuchy.  Ms. Sobrino stated there is nothing in the County Ordinances that allows staff to reassign the address of a property owner when it is not at the property owners’ request; that area of responsibility is under Jon Sellers office; but because Mr. Szuchy has been unable to accomplish that, he has come to the Board to see if the Board could address his concerns. 

 

Michael DiChristopher stated he resides in Merritt Island, but is the property owner of 2037 Rockledge Drive; and he is present to answer any questions the Board may have.  He stated he does have legal access through Mr. Szuchy’s property; Mr. Szuchy has been trying to erase that, but it is never going to happen; he does now have a 25-foot legal access to U.S. 1; and if the easement is terminated through Mr. Szuchy’s property, then his lot becomes a nonconforming lot of record. 

 

Chairperson Colon inquired if Mr. DiChristopher has concerns over the Board taking action; with Mr. DiChristopher responding absolutely.  Mr. DiChristopher stated he does not want the address changed from Rockledge Drive to U.S. 1; he does not have legal access to U.S. 1; that is dated after 1981; the property next door to his has the 25-foot easement; but his property does not.  Chairperson Colon inquired if Mr. DiChristopher has contacted the Commissioner from his District; with Mr. DiChristopher responding no, he did not make this request. 

 

Commissioner Bolin stated she understands the situation and what Mr. Szuchy is dealing with; but Mr. DiChristopher did not ask for a change of address so the County has to honor the ten-foot easement.  She stated Mr. Szuchy’s concern in regards to this is between the neighbors and is a civil matter. 

 

Chairperson Colon stated the Board will take no action.

 

Commissioner Scarborough stated Angela Abbot is present; he talked with someone from the Space Coast Association of Realtors; and there was interest to make sure that the bond financings can be used for existing houses on the market. 

 

Angela Abbott representing the Brevard County Finance Authority stated she will provide an overview of what will be available under the 2007 issue through Clay County; it is anticipated it will be available to all residents of Brevard County; there are income limits, but it applies to new as well as existing homes; the expected mortgage rate is hopefully going to be under 6%; and it is a zero point, 30-year fixed rate loan.  She stated there is also a $7,500 down payment and closing cost assistance; it is a second mortgage; and it is a ten-year amortizing zero interest loan that is due on sale.  She stated they are operating under a target area set aside limit, which means that the income restrictions are a little higher and that the first-time homebuyer requirement is not necessarily imposed, so it is actually available to non-first time homebuyers as well.  She stated it is first come, first served; and there are four area lenders that have committed to participating. 

 

Commissioner Scarborough inquired who should be contacted; with Ms. Abbot responding her office and they plan to do some publications to disseminate information.  Commissioner Scarborough stated the information would be disseminated to the Board of Realtors throughout the County; and inquired if the other item will be administered in the same manner.  Ms. Abbott responded no, it is a little different because it would be issued by the Brevard County Housing Finance Authority and would not be available until 2008.  Commissioner Scarborough stated as prices went up the market began to be smaller because fewer people could afford to buy; one of the nice things about falling house prices is it brings back more affordability; and now there will be help with the financing component.  He inquired if the item that is just for Brevard County is also applicable to existing single-family residences; with Ms. Abbott responding affirmatively. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution to allow the Brevard County Finance Authority to apply for an allocation with the Florida Division of Bond Finance and to allow for the issuance of Single-family Mortgage Revenue Bonds during the first 155 days of 2008.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution and execute an Interlocal Agreement with the Brevard County Housing Finance Authority and the Clay County Housing Finance Authority, which will allow residents in Brevard County to utilize bonds funds issued by the Clay Authority for the origination of single-family mortgages.  Motion carried and ordered unanimously. 

 

 

 

Upon motion and vote, the meeting was adjourned at 3:10 p.m.

 

 

                                                                        _____________________________________

JACKIE COLON, CHAIRPERSON

                                                                        BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                         BREVARD COUNTY, FLORIDA

 

 

 

_____________________

SCOTT ELLIS, CLERK

   

          (S E A L)