March 07, 2006 Regular
Mar 07 2006
MINUTES OF THE MEETING OF THE BOARD OF
March 7, 2006
The Board of County Commissioners of
.Present were:Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.
The Invocation was given by Dr. Larry Lamb of
Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance.
APPROVAL OF RESTORATION PLAN, RE: SURFACE WATER VIOLATION AT
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the restoration plan to resolve the Surface Water Ordinance violation on property located at
, owned by Gina LaDrew, (Action File #05-1417).Motion carried and ordered unanimously.
APPROVAL OF RESTORATION PLAN, RE: SURFACE WATER VIOLATION AT
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the restoration plan to resolve the Surface Water Ordinance violation on property located at
, owned by Annie Guezuraga, (Action File #04-4158).Motion carried and ordered unanimously.
CORRECTION OF SCRIVENER’S ERROR, RE: CHAPTER 62, ARTICLE XII, SECTION
62-4213(a)(6), COASTAL SETBACK AND CONTROL LINES
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize correction of scrivener’s error in Chapter 62, Article XII, Section 62-4213(a)(6), to read “All minor structures have a minimum ten-foot setback from the crest of dune and a maximum of 100 square feet each” instead of, “shall not be closer than fifteen feet to the crest of the dune.” Motion carried and ordered unanimously.
FINAL PLAT APPROVAL, RE:
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final plat approval for
APPROVAL OF EASEMENT AND FRONTAGE LOTS, AND WAIVER TO UTILIZE
EASEMENT LOTS, RE: ACCESS TO
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve creation of eight easement lots and eight frontage lots in Isle of Merritt Estates accessing Chase Hammock Road, contingent upon the Natural Resources Management Office requirement to correct outstanding violations relating to un-permitted wetland impacts; and approve waiver to utilize easement lots rather than flag stem lots consistent with discussion at the October 7, 2004 Zoning hearing. Motion carried and ordered unanimously.
EASEMENT AGREEMENT WITH SCHMINKMAN, INC., RE: ED’S SHED
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Easement Agreement with Schminkman, Inc. to allow a portion of the parking area turnaround for Ed’s Shed to be constructed within a drainage and utility easement. Motion carried and ordered unanimously. (See page for Agreement.)
RIGHT-OF-WAY USE AGREEMENT WITH THE VIERA COMPANY, RE: LANDSCAPING
WITHIN
RIGHT-OF-WAY
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Right-of-way Use Agreement with The Viera Company for installation and maintenance of landscaping and irrigation within the public right-of-way of
, between and .Motion carried and ordered unanimously.(See pagefor Agreement.)
TASK ORDER NO. 97-46 WITH NEEL-SCHAFFER, INC., RE: CLASS III OPERATING
PERMIT RENEWAL FOR SARNO ROAD LANDFILL
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Task Order No. 97-46 with Neel-Schaffer, Inc. for preparation of the permit application for renewal of the Class III Operating Permit for Sarno Road Landfill. Motion carried and ordered unanimously. (See page for Task Order No. 97-46.)
ADDENDUM TO INTERLOCAL AGREEMENT WITH CITY OF
WIDENING PROJECT
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Addendum to Interlocal Agreement with City of
widening project, extending the construction commencement date to January 1, 2007.Motion carried and ordered unanimously.(See pagefor Addendum.)
PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION
AND NEGOTIATING COMMITTEES, AND EXECUTE AGREEMENT, RE: CONSULTANT
SERVICES
AND WIDENING
PROJECTS
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to advertise request for proposals for consultant design services for Hollywood Boulevard widening project, from US 192 to Palm Bay Road including intersection improvements at Henry Avenue and Fell Avenue; and the Babcock Street widening project, from County Line to Malabar Road; appoint Ed Washburn, Dick Thompson, and John Denninghoff or their designees to the Selection Committee; appoint Peggy Busacca, Scott Knox, and John Denninghoff or their designees to the Negotiating Committee; and authorize the Chair to execute Agreements with the selected firms. Motion carried and ordered unanimously.
RESOLUTION AND GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION, RE: PINEDA CAUSEWAY WIDENING AND EXTENSION
FROM
TO INTERSTATE 95
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution and execute County Incentive Grant Program Agreement with Florida Department of Transportation for partial reimbursement of construction funding for the Pineda Causeway Widening and Extension Project, from
to Interstate 95.Motion carried and ordered unanimously.(See pagesfor Resolution No. 06-050 and Agreement.)
CHANGE ORDER NO. 1 WITH C&D CONSTRUCTION, INC., RE: SPESSARD
CLUBHOUSE REPAIRS
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Change Order No. 1 with C&D Construction, Inc. for Spessard Holland Clubhouse Repairs, increasing Contract price by $196,019 to bring the building into compliance with current Building Codes and repair hidden damage from Hurricanes Frances and Jeanne. Motion carried and ordered unanimously. (See page for Change Order No. 1.)
PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICES COUNCIL,
RE: SCAT SERVICES FOR SENIORS AT LUNCH PROGRAM
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Purchase of Service Agreement with Community Services Council for Space Coast Area Transit (SCAT) to provide transportation services for the Seniors at Lunch Program. Motion carried and ordered unanimously. (See page for Agreement.)
RESOLUTION, RE: APPROVING CONFIDENTIAL PROJECT (O5-06) 1-2-9-E
AS A QUALIFIED TARGETED INDUSTRY BUSINESS
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution approving Confidential Project (05-06) 1-2-9-E as a Qualified Targeted Industry and requesting the State waive the local match requirement in lieu of the County’s tax exemption. Motion carried and ordered unanimously. (See page for Resolution No. 06-051.)
APPROVAL, RE: ALTERED AND ADDED PRECINCT LEGAL DESCRIPTIONS
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve altered and added Precinct legal descriptions for the Cities of Cocoa,
LETTER SUPPORTING GRANT APPLICATION, RE: 2006 SMALL COMMUNITY AIR
SERVICE DEVELOPMENT PROGRAM
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve a letter of support for a grant application to the U.S. Department of Transportation for the 2006 Small Community Air Service Development Program, as requested by
APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to appoint and/or reappoint Izeal Battle, Leartis Brothers, Pastor M. Chatman, Jimmy Jackson, and Betty Wells to Cocoa West Community Center Advisory Committee, with terms expiring December 31, 2006. Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the bills and budget changes as submitted. Motion carried and ordered unanimously. (See pages
for List of Bills and Budget Change Requests.)
REPORT, RE: AGENDA ITEM VIII.C.3., BONDING FOR REFERENDUM PARKS AND
RECREATION PROJECT S
County Manager Peggy Busacca advised staff would like to pull off the Agenda, Item VIII.C.3., Resolutions Authorizing Issuance of Sales Tax Revenue Bonds, Series 2006A, 2006B, and 2006C, North, Central, and South Brevard County Parks and Recreation Projects, and will reschedule it for the next meeting.
REPORT, RE: EXECUTIVE SESSION FOR TILLMAN/LENNEAR CASE
County Attorney Scott Knox requested permission to advertise and schedule an executive session to discuss the Tillman/Lennear case.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the
REPORT, RE: STAND-DOWN EVENT FOR VETERANS
Commissioner Scarborough advised Mr. Ramos, Stand Down Coordinator, is here to make comments regarding assistance he has received for the Stand Down event.
Isaac Ramos expressed appreciation to Glenn McGuffie, Veterans Service Officer for
Commissioner Scarborough requested Mr. McGuffie explain the Stand-Down procedures so everyone can understand the significance because it is an important thing in the community.
Veterans Service Officer Glenn McGuffie advised stand down is the work taken from the battlefield where the troops had been out front and under stress of combat for too long and had to stand down and go to the rear areas to get relief and help; it is a tradition that has carried over to help the homeless veterans, brothers, sisters, and families; and they participate in every way they can to help organize the events and show up on the scene to provide direct assistance to veterans to get claims started when they are eligible for earned benefits. He stated last year they found a $5,000 grant and it looks like they will get it again this year; they gather clothes, provide medical and dental care, direct assistance from other agencies, and give them kits and backpacks. He stated they tried to get tents also. He stated it is a proactive thing to help the homeless veterans get back into the system and enjoy a better lifestyle; and thanked the guys who do all the leg work.
Mr. Ramos again expressed appreciation to Mr. McGuffie for the grant; and Commissioner Scarborough stated it is nice to have a County employee thanked publicly for a wonderful job; and it is representative of a lot of people who work for the County with wonderful people in the community to help the less fortunate, homeless, and needy veterans. Mr. McGuffie stated Judy Syber does the lion’s share of the work.
REPORT, RE: PURCHASE OF
Commissioner Scarborough stated the County recently proceeded with a contract to purchase property behind
Commissioner Pritchard stated it is a great idea and gives a small-town atmosphere for those who need assisted living care.
REPORT, RE: APPOINTMENT TO MERRITT ISLAND/BEACHES SERVICE SECTOR
ADVISORY BOARD
Commissioner Pritchard requested approval to appoint Liz Allen to the Merritt Island/Beaches Service Sector Advisory Board.
Motion by Commissioner Pritchard, seconded by Commissioner Colon, to appoint Liz Allen to serve on the Merritt Island/Beaches Service Sector Advisory Board, with term expiring December 31, 2006. Motion carried and ordered unanimously.
REPORT, RE: BRUSH FIRES
Commissioner Pritchard stated Brevard County is having a situation with weather and fires; he wants to bring to everyone’s attention that the relatively low humidity and high winds are recipes for making brush fires; and those who were here several years ago remember when a lot of the western side of Brevard County was in flames, and even 20 miles away burning debris was falling on houses in Merritt Island. He requested folks be extremely careful and not discard cigarettes in the brush or try to burn things as conditions are right for brush fires.
REPORT, RE: CODE VIOLATIONS ON MR. BEALL’S PROPERTY IN
Commissioner Pritchard advised Mr. Beall owns homesteaded property near
in Cocoa ; he has a long-time Code Enforcement problem; the first complaint was registered in 1995 with 50 junk cars and junk and debris stored on his property; and he has about $60,000 in liens and $9,000 in judgments for County clean-up in 2003.He stated the property is homesteaded so they cannot foreclose on it; he had two court orders to comply with the County Codes and failed to comply with the court orders; and they are having a hard time because the neighborhood sees the County as a paper tiger.He stated it has been over ten years and the County cannot achieve compliance; there is nothing more County staff can do; it is in the judicial hands now; however, a similar situation occurred in Seminole County and State Attorney Norm
REPORT, RE: CODE VIOLATIONS ON MR. BEALL’S PROPERTY IN
(CONTINUED)
Wolfinger’s office successfully prosecuted a man for storing junk on his property. Commissioner Pritchard suggested the Board request Mr. Wolfinger to assist in this matter and see where they can push it to achieve resolution because it sets a bad precedent when the County is viewed as a paper tiger.
Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to request assistance from State Attorney Norm Wolfinger to resolve the issues of Code violations on property owned by Mr. Beall near
in Cocoa .Motion carried and ordered unanimously.
REPORT, RE: USE OF LESS PAVEMENT
Commissioner Carlson advised a constituent asked her a question; the Board has addressed the issue; inquired, given it has few funds for transportation improvements, is it feasible to use less pavement on roads with low traffic counts. She stated the constituent had a 22-foot wide road that was recently paved with only five people living off that road; within the neighborhood they have 16-foot roads that were paved; and they are curious if there is a way to reduce the amount of pavement that the County has to put down. She requested a report from staff.
REPORT, RE: EMPLOYEE RECOGNITION
Commissioner Carlson read a letter from Palm Shores Mayor McCormick commending Bob Graham of Traffic Operations.
REPORT, RE: SAMPLE OF THE ARTS – BREVARD
The Executive Director of Brevard Museum of Art and Science provided an update of what is going on at the Museum and the progress they have made with new exhibits as well as the status of the science center; and invited everyone to stop in and see their exhibits.
REPORT, RE: VISIONING
Commissioner Colon stated a lot of folks are going to be out-of-town on May 19, 2006, so they have to reschedule the summit, where they want to talk about visioning; and on the same day there is going to be an important regional meeting because MyRegion is also trying to discuss visioning, and she wants to be at that meeting. She stated visioning is to see how the County is going to look 15 to 20 years from now; and municipalities in Brevard County, as well as Brevard County and other counties in the area, want to do their own visioning. She requested people come to one of the summits as they will have Department of Community Affairs and MyRegion to see what they envision in regards to growth management. She stated it is a matter of trying
REPORT, RE: VISIONING (CONTINUED)
to put everyone’s calendars together; and it is extremely difficult with 15 mayors, 5
Commissioner Pritchard stated until they all come up with a common vision for Brevard County, they are going to have a lot of infighting and politicizing about what is in it for the cities and the County; and the problem he has going to regional meetings is that most of the region is not from the east side and tends to look at Brevard and Volusia Counties as beaches, and that is about it. He stated what the cities and County need is a vision to take to the region and say this is where
Commissioner Colon stated she is glad Commissioner Pritchard brought up the expectations of what the Growth Management Coalition is supposed to do; it is trying to tackle one thing at a time; and the biggest issue it just finished was annexation, and trying to figure out where they go from there. She stated the main objective at that particular time was to make sure they had interlocal agreements and they were able to accomplish that; and they only meet once a month, so by the time they try to get some reports or anything else, they probably only have met four times. She stated now they have subcommittees from within the Coalition; one of the things they were going to discuss at the summit was what direction do the County and municipalities want the Coalition to go; but Pat Woodard will be out-of-town in Washington with the Florida Association of Cities. She stated any feedback the Board, any Commissioner, or any mayor can give is encouraged; and everyone is welcome to attend the meetings to give the Coalition feedback and make sure it is on the right track. She stated there is so much to cover, and she wants to make sure there are no false expectations of what the Coalition is working on.
Commissioner Carlson stated the date for the summit has not been set yet; it is obviously not May 19 because the visioning process is going to take a year on the regional level; so what she would expect the Board could get from them is maybe a brief overview on what they might look like in 50 years, etc., which they have done on a regional basis, but have not come and talked to the Board about it. She stated the scope of the visioning process basically outlines how they are going to go about it from a regional basis; she thought she sent copies to each Commissioner, but if it was not sent out; so she will send another copy to each Commissioner.
Commissioner Pritchard inquired if Commissioner Carlson is referring to the 50-year Penn Design Study; with Commissioner Carlson responding not only that but very briefly what the process is, how they manage to get the money from Department of Community Affairs and Department of Transportation to do the visioning thing, and what that entails. Commissioner Carlson stated that would be more interesting for the summit since everybody is now interested in an envisioning mode; and they can look at issues from the regional level and have it come
REPORT, RE: VISIONING (CONTINUED)
down all the different levels to the city level which would be an interesting conversation for everybody. Commissioner Pritchard stated having so many levels is part of the problem; each level requires so much discussion and each discussion branches out into more committees and more meetings so that what usually happens is inertia shows and things take forever. He stated the Penn Design Study left out two important considerations—political and economics; and inquired how can they look at visioning and not have political and economic issues. Commissioner Carlson stated they end up with the visioning they have to deal with at this level because of that problem. Commissioner Pritchard stated that is his point; and one of the things he wanted the Coalition to do was to look at Comprehensive Plans and figure out how many people they are talking about, where the build-out is going to be, and what the applications of various inputs are going to entail so that they can have the vision. He stated if the Coalition is looking for direction, that would be his direction; they need to provide a vision and need to do it quickly because right now their visioning process is not doing too well; they seem to have a lot of individuals making requests for a variety of things, but there is not an overall vision; and one of them in particular is the new smart growth initiative. He stated if that makes it to the ballot, that is going to create a series of interesting concerns that the cities and the County are going to have to face because the elements go from three to ten. He stated the concurrency in Senate Bill 360 has three elements; the smart growth initiative is proposing ten; it is going to bring a lot of things to a screeching halt, which is their objective; and one of the reasons it is coming is because there is no vision. He stated the idea of having meeting after meeting after meeting and they cannot meet now and have to meet then is just spinning wheels in a lot of areas; they need to make an intense effort; and if that means once a week workshops with everyone concerned for six months so they can produce a product, then they should do that because as it is now they have too many players and not enough action.
Commissioner Colon stated Commissioner Pritchard is welcome to be part of those meetings if he thinks they are not moving very well; they have encouraged that; and one thing they were very clear about when they gave the presentation to the Board was the fact that it is not that easy. She stated the numbers show very clearly that everybody plays the numbers game with the population; they have areas in their community that are agricultural and developers are coming in and developing thousands and thousands of homes; and inquired how are they supposed to know what those numbers are. She stated they cannot get accurate numbers; there is so much annexation going on by the Cities of Palm Bay,
REPORT, RE: VISIONING (CONTINUED)
waste of time; so she cannot even get them all in one room, let alone try to see how they are going to envision
Chair Voltz inquired when are the Coalition meetings held; with Commissioner Colon responding they meet once a month on the third Monday from around 3:00 p.m. to 5:30 p.m.; and they encourage public comments even though it is a working group. Commissioner Colon stated the School Board also sits on the Coalition, not just the elected officials from the cities and County; and the State demanded that the School Board be part of the process because schools are affected by the kind of growth the cities and County are allowing to be put in.
Commissioner Pritchard stated a concern he had when they formed the Coalition was where the population is going to go as they expand; he asked Planning and Zoning Director Robin Sobrino if she could come up with a build-out on the current Future Land Use Element of the Comprehensive Plan; and 500,000 was only for the unincorporated area. He stated currently there are 525,000 people in the entire County; and since then, some municipalities have annexed County’s lands; so the Future Land Use Map and Element have changed. He stated it would show less build out in the County, but the municipalities generally increase density two, three, or fourfold; so they end up with 100 or 200 homes where the County would have allowed 50 homes. He stated that is what they need to get a grasp on; developers are playing “let’s make a deal”; and if they cannot get what they want in the County, they look to an adjacent city and ask what it will give them. He stated what usually happens, in order for them to do that, is they require sewer and the developer says that means he will need two, three, or four units per acre to pay for the sewer; and they take what could have been one or two units per acre and make it six or so units per acre because the County did not play “let’s make a deal.”
REPORT, RE: VISIONING (CONTINUED)
Commissioner Pritchard stated that is a concern he has; he does not see the municipalities playing the game of what is the potential build out of the County; if the population triples, that would mean another million people; and inquired where are they going to go.
REPORT, RE: COURTHOUSE EXPANSION
Chair Voltz advised Item VIII.C.4. is Authorization, Re: Build-out of Harry T. and Harriette V. Moore Justice Center Expansion Space; however, Judge Evander is here, and his time is precious, so she would like to call him up to speak to the Agenda item.
Judge Kerry Evander advised in the early part of this decade, the Legislature did not fund new judges in the State for several years; by 2004, the average caseload for a judge in the State was 30 to 35% higher than the national average; and in Brevard County that meant they had 22 judges handling a workload that justified the need for 28 judges. He stated in the last three years, they have been averaging 23,000 new circuit court cases, 20,000 misdemeanor cases, 10,000 civil cases, and over 100,000 traffic cases, which the majority are civil and do not involve a judge but a person paying a fine; however, many are criminal cases, such as DUI’s. He stated as a result, they have developed a backlog in their caseload; in criminal they have people waiting too long for trial, which has an adverse effect on the jail population; and they have people waiting a year to go to trial in custody cases and civil cases requiring even more time to get to trial. He stated last year the Legislature recognized the need was getting desperate and funded 55 new judges in the State and promised to fund at least an additional 53 in this year’s session; and for Brevard County it meant two new judges starting January 2006 and four new judges, three County and one circuit, starting probably in January 2007 although one of the bills calls for the effective date of December 2006. Judge Evander stated although he never purports to guarantee what the Legislature might do, he thinks the odds are very high that it will fund the new judges; the leadership last year made that promise; and it is in the Governor’s preliminary budget. He stated both Senate and House bills calling for the new judicial positions sponsors included the Appropriations Committee Chairmen; and the sales tax revenues last year for
REPORT, RE: COURTHOUSE EXPANSION (CONTINUED)
own courtrooms; 100% of their court proceedings are done in a courtroom both because of the volume of people involved and for security reasons; and juvenile has the same issues, as 100% of what they do is done in a courtroom. He stated 85% to 90% of what County court does is done in a courtroom because of the high volume cases they deal with; it is not unusual to find a County judge with 60 to 70 people in the courtroom even if it is a civil proceeding; and each of those individuals has his or her own courtroom, leaving one courtroom available for civil jury trials. He advised normally they have at least two civil jury trials scheduled in any given week; they would have to look at the County for other space to do the jury trials; and they would have to do domestic violence injunctions in chambers, which is strongly opposed by domestic violence advocacy groups because there is potential for intimidation of the alleged victim being so close to the alleged abuser while testifying. He noted it would also severely impair the senior judges. Judge Evander advised when they have a judge doing a two to three-week murder trial, they try to bring in a senior judge to handle the regular docket while the regular judge is doing the murder trial; and if they have no courtroom space, that becomes a major problem. He stated the Board has done a good job in Brevard County, evidenced by looking at the amount Brevard County has spent on courthouses and the ratio of courtrooms and judges; they are far better than most counties; the courthouse they have is very functional, not extravagant; and it has necessary security measures and the formality, which is important to remind participants of the seriousness of what takes place in a courthouse. He stated for all those reasons, he believes they need the courthouse space in January; and requested the Board approving funding for that. He thanked the Board for its time and studying of the matter; stated a lot of the Commissioners have gone over to the courthouse and seen it; and he appreciates that.
Chair Voltz advised she received a petition from Attorney Douglas Beem to have judges in the Melbourne Courthouse; quite a few people signed it; and requested the Judge’s input on that because she also would like to see something in
Judge Evander stated that is most likely the next step; and the problem of trying to put judges in there now is the County would have to buy land, construct the building or whatever, and it would be an ad hoc Band-Aid solution. He stated right now they have the land and exterior and are just talking about doing the interior; it makes a lot of sense for the next move to be South Brevard; since he started practicing in Brevard County, the population has doubled; and it is fair to assume the population is not going to go down in the future and they are going to have to expand at some time. He stated it not only affects judges and the Board, but also the State Attorney, Public Defender, Clerk, and Sheriff; and what he would like to do after approval of this project is to get all those people, including members of the Board involved to come up with a plan where to move or how to plan for the future, not just where a new courthouse should be and the numbers, but also to evaluate what type of proceedings should be tried in each courthouse. He stated the Sheriff’s main interest is security; a lot of courthouses around the country are going to having criminal felony trials tried in one place to maximize security and minimize security expenses; and it may make sense to have those tried at the
REPORT, RE: COURTHOUSE EXPANSION (CONTINUED)
Commissioner Scarborough inquired if the Board needs a motion to hear Item VII.C.4.; with Chair Voltz responding the Board is discussing it right now. Commissioner Scarborough stated the Board is very aware of the jail population that includes people waiting for trial; and those people awaiting trials are the most difficult and require the greatest cost to the taxpayers. He stated some people sentenced to less than a year are minor offenders; they can be out working the roads; but the people sitting in jail awaiting trial are the most costly to keep in jail; and inquired what does that have to do with the judiciary. He stated what it means is if they cannot move those people to trial, they have to hold the most expensive ones; they are not the ones that can be put in tents; and if resources are spent on them, the Board would not be able to keep those who may need to be kept in so they do not have recidivism. He stated the ripple effect of not having a judiciary that is capable of handling the caseload in a timely manner goes far beyond the judiciary to the jail and potential recidivism, which reaches out to every law enforcement agency when someone has to be released from jail; and this project is part of the overall plan, so he would make a motion to proceed with the proposal before the Board.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize utilization of the Construction Management Delivery Method for construction of the expansion of Harry T. and Harriette V. Moore Justice Center; to negotiate a fee with HOK Architects for permitting, bidding, and construction administration phase services, and a reuse fee for design, bidding, and construction administration phase services for the first floor expansion space with funding from the Clerk of Courts; to advertise request for proposals from qualified construction management firms for construction of the build-out; establish selection and negotiating committees of Facilities Director Steve Quickel, Clerk of Courts Scott Ellis, and Court Administrator Mark Van Bever or their designees; to negotiate with the number one ranked firm, and if unsuccessful, to negotiate with the next ranked firm until a contract is successfully negotiated; and authorize the Chair to sign all associated contracts and authorize all necessary budget actions.
Chair Voltz inquired where the funds are coming from; with County Manager Peggy Busacca responding they have $2.4 million the Board has not allocated as part of the first quarterly supplement; and that is nonrecurring dollars. Ms. Busacca stated the rest of the money would come from the Tax Collector providing additional dollars this year, which he has offered to do up to $2 million; and those are also nonrecurring funds. Chair Voltz inquired how much will it cost; with Ms. Busacca responding approximately $4 million, so they have the money.
Commissioner Pritchard stated he appreciated the tour of the Justice Center and the time Judge Evander took to do that; Commissioner Scarborough brought up a good point that it cost a lot of money to house some of those people in jail; the prison system could accommodate them well, or they could go to trial; but in addition to the build-out of the courthouse, they need judicial staff; and inquired who pays for the judges.
Court Administrator Mark Van Bever advised the State pays the payroll expenses appropriated by the Legislature. Commissioner Pritchard inquired about staff; with Mr. Van Bever responding staff payroll and benefits would be paid for by the State. Commissioner Pritchard inquired if the
REPORT, RE: COURTHOUSE EXPANSION (CONTINUED)
Board is not looking at additional expenses to the County; with Mr. Van Bever responding not related to salaries and benefits; however, Florida Statutes, Chapter 29 does cause the judiciary to rely on the Board of County Commissioners for technology and furniture expenses. Commissioner Pritchard inquired if Mr. Van Bever has a ballpark figure of what that might cost; with Mr. Van Bever responding furniture and equipment for four judges, four judicial assistants, two general magistrates that will be located in the new space, and the law clerk, would be about $61,000; and equipment would cost about $32,000. Mr. Van Bever stated in addition to that, they calculated the cost of outfitting the witness waiting rooms and jury deliberation rooms; the furniture for four witness rooms and two deliberation rooms would cost about $12,000; and the sum total of everything he mentioned is about $105,000, which does not include the courtroom benches that are constructed like the Board room, counsel tables, jury chairs, etc. Commissioner Pritchard inquired what would Mr. Van Bever estimate that cost to be; with Mr. Van Bever responding he does not know but the Facilities Department has been considering it; he is not familiar with the cost of millwork, but could tell the Board the cost of chairs, etc.; however, where the court clerk, witness, and jury sit would be constructed millwork that he does not know the cost of but assumes it would be built into the $4 million because it is a common construction cost. Commissioner Pritchard inquired if it has been included; with Assistant County Manager Stockton Whitten responding that is part of the square footage calculation. Commissioner Pritchard stated the increase in judges is most likely going to cause an increase in the Public Defender and State Attorney’s Offices; and inquired if Mr. Van Bever knows what that increase might be and who would pay for that; with Mr. Van Bever responding the State would pay for the salaries and benefits and the County would provide the office space and technology equipment. Commissioner Pritchard stated Public Defender Russo and State Attorney Wolfinger are strapped for space so they will be looking at an expansion just for what they have; the Board has to build it to accommodate them; he happens to think the Board has to do this expansion and has no problem with it; but he wants to make sure everyone realizes what the cost of doing it is because it is not just one issue, but others involved. Mr. Van Bever stated in addition to the individuals Commissioner Pritchard mentioned, the Clerk will have to add staff also and that space is contemplated in the build-out. Commissioner Pritchard stated the Clerk has funding for the first floor build-out of $440,000. Mr. Van Bever advised the Clerk will also have some individuals on the second floor. Commissioner Pritchard stated one of the most critical components is parking; they are parking all over the roads on Monday mornings; and inquired what is going to be done for additional parking. Mr. Van Bever stated for a number of years they wished they had additional parking; part of the solution should be to add some parking because they are parking in places where they are not supposed to park; and one thing the judiciary is doing is trying to carefully schedule jurors to minimize the parking problem. He stated they have a plan that will go into effect April 1, which hopefully will make the parking situation a little better. He stated he does not know what the parking situation is at the
REPORT, RE: COURTHOUSE EXPANSION (CONTINUED)
Judge Evander advised he and Mr. Ellis decided to look at the jury situation and actually sent a team to Orange County to study how it did juries; effective May 22, they are putting in a new system where jurors are going to be summoned each day for one day rather than all for Monday; and hopefully that will reduce the need for parking. He stated they believe that move will make jury service more palatable for citizens when they come in and know they are either picked for jury duty that day or are done. He noted that may have an effect on the parking situation. He stated to follow up on Commissioner Scarborough’s comments, they have done a couple of things in the past two years on the jail population; they have a County judge at the jail Wednesday mornings taking pleas; the judge takes about 8 to 12 pleas of people who are getting out 30 days earlier than they would have; and over a year ago, they started an early resolution program to get third degree felons, drug offense cases, heard earlier than normal. He stated he has a letter from Mr. Wolfinger thanking them for putting the system in; in 2005, 305 of the felony cases were resolved in early resolution; but those are third degree felons and not the robbers, sexual offenders, murderers, and people who stay a long time in jail before trial. He stated they need to get those cases tried.
Commissioner Colon stated there is a motion on the floor but she wants to be on the record because a lot of times folks who are playing Monday-morning quarterback wonder whether they have even looked at one of the options being night court. She stated that has already been looked at and the report given to the Commissioners; and requested Judge Evander touch on that for folks who are sitting at home and wondering if that was something that was feasible.
Judge Evander advised they contacted state and national court organizations regarding night court; in
REPORT, RE: COURTHOUSE EXPANSION (CONTINUED)
to come at night rather than during the day because of their schedules; but the majority of people prefer the day because of child care issues. Judge Evander stated a portion of the population does not drive at night or for security reasons leave their homes at night; some schools plan activities at night and some people do not want their children leaving the house or arriving home after dark; it is not family friendly for deputies, court administration, judicial assistants, etc.; and some would have to make a choice about giving up their jobs or face the strain if they have children at home and have to work evening hours. He stated in this situation, with the land already bought and the exterior already built, it would be more expensive and not be user friendly or family friendly to have night court.
Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously.
REPORT, RE: VALKARIA MASTER PLAN
Chair Voltz stated she has not heard one word on the master plan process for
REPORT, RE: STRAWBERRY FEST
Chair Voltz stated there were thousands of people at the Strawberry Fest; and thanked all the people from Habitat for Humanity, Kiwanis Club, and a number of other organizations that helped put the fest on. She stated it was a great event.
REPORT, RE: LITTLE LEAGUE BALLFIELDS
Commissioner Pritchard stated last weekend was open season for Little League; a lot of the fields are now constructed and are in great shape; it was a pleasure to be there for various ribbon cuttings; and he went by last night and a lot of kids were out there playing ball. He stated it took a while but it is coming to fruition; and thanked everyone involved with opening ceremonies and construction of the fields as they really look good and the Leagues really appreciate them.
RESOLUTION, RE: COMMENDING HARRY FULLER
Commissioner Pritchard read aloud a resolution commending Harry Fuller for his services on the Building and Construction Advisory Committee.
Motion by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution commending Harry Fuller for serving as a member of the Building and Construction Advisory Committee for over 15 years. Motion carried and ordered unanimously. (See page
for Resolution No. 06-052.)
RESOLUTION, RE: COMMENDING HARRY FULLER (CONTINUED)
Commissioner Pritchard presented the Resolution to Mr. Fuller, who said he did not do anything outstanding but helped the County with its building industry and feel he may have contributed.
RESOLUTION, RE: PROCLAIMING SURVEYORS’ WEEK
Chair Voltz read aloud a resolution proclaiming March 12 through 18, 2006, as Surveyors’ Week in
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming March 12 through 18, 2006, as Surveyors’ Week in Brevard County in recognition of the contributions made by surveyors and mappers both past and present. Motion carried and ordered unanimously. (See page for Resolution No. 06-053.)
Chair Voltz presented the Resolution to Brett Wood who thanked the Board on behalf of all surveyors.
PUBLIC INTEREST DETERMINATION, RE: REVIEW OF MAINTENANCE DREDGING
PERMIT FOR
1, ROCKLEDGE
Commissioner Pritchard stated it is a private basin and there is no impact to the General Fund so why is the Board approving it; with Natural Resources Management Director Ernie Brown responding in 2001 the Board directed that new dredging projects be brought to it for review; and it is a situation that results from the 2001 staff direction. Commissioner Pritchard stated the owner is paying for the project and it serves a purpose.
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve public interest determination for proposed maintenance dredging of approximately 150 yards of accumulated silts in a private basin at 5705 U.S. 1, Rockledge, owned by Ronald and Margie Sheffield. Motion carried and ordered unanimously.
PUBLIC COMMENTS
Walter Pine commented on the Board bringing things up under Reports that are not on the Agenda; Commissioner Scarborough as an officer of the court did not file a conflict of interest on the courthouse expansion issue; the Board is in direct violation of the Government in the Sunshine law by not providing for public comment; and a policy change on how people are appointed to the North Brevard Parks and Recreation Committee without notice and public comment.
Commissioner Scarborough inquired if he has to file a conflict of interest; with County Attorney Scott Knox responding Commissioner Scarborough does not have a direct conflict of interest.
PUBLIC COMMENTS (CONTINUED)
Commissioner Colon stated the item on courthouse expansion is on the Agenda
Thelma Roper inquired when will the bridge at I-95 and Fiske Boulevard interchange be fixed; stated there is a dirt mount with plants on it; and traffic is not flowing smoothly because of the barrels.
Road and Bridge Director Billy Osborne stated staff is working on a cooperative agreement with The Viera Company to make improvements.
Commissioner Pritchard stated people called him and said
was not done well and is not as nice as ; it has a washboard effect; and requested staff go out and inspect it.
Mr. Osborne stated he has not driven the road, but Commissioner Pritchard’s office did call him about it.
Commissioner Carlson inquired if there is a time line on the I-95/Fiske Boulevard project Ms. Roper mentioned; with Mr. Osborne responding they hope to start by the end of this month and complete the project in about three months, but he is reluctant to give a date because things can happen that may not allow them to make that date.
Joan Wheeler requested a dubber or something be purchased for
Commissioner Scarborough stated he was not aware of the problem and assumes they need a better means of taping the meetings. Ms. Wheeler stated they have a better means of taping and it is not working. Commissioner Scarborough stated he needs to know what is going on in those meetings as well and relies on the same information.
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLATS OF
SUBDIVISIONS OF FARMS 72 AND 73, EAST EXTENSION OF SCOTTSMOOR -
ROBERT AND ELEANOR BROWN AND RONALD AND APRIL WESTBERRY
(ATTORNEY RICHARD STADLER)
Chair Voltz called for the public hearing to consider a resolution vacating rights-of-way in Plat of Subdivision of Farm 73, East Extension of Scottsmoor and Plat of Subdivision of Farm 72, East Extension of Scottsmoor, as petitioned by Robert E. and Eleanor A. Brown and Ronald E. and April M. Westberry, represented by Attorney Richard Stadler.
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLATS OF
SUBDIVISIONS OF FARMS 72 AND 73, EAST EXTENSION OF SCOTTSMOOR -
ROBERT AND ELEANOR BROWN AND RONALD AND APRIL WESTBERRY
(ATTORNEY RICHARD STADLER) (CONTINUED)
Commissioner Scarborough stated staff has concerns; and requested Ms. Streeter touch on those. Cynthia Streeter stated their office received several objections regarding the vacating of the rights-of-way and the future need for that portion the petitioners are requesting to be vacated; both to the north and south of the right-of-way is improved property; the petitioners want to vacate the portion of the right-of-way that is not improved; and there seems to be a question regarding the future need of the right-of-way for improvements, drainage, and possibly utilities. She stated she has given the information to the attorney for the petitioners; and he is here to address the issues today.
Attorney Rick Stadler, representing Robert and Eleanor Brown, stated he has the unenviable task of talking the Board into going against its staff; and presented maps showing the layout of the right-of-way and an aerial photograph to the Board, but not the Clerk. He stated the first page is the aerial photograph; Seminole Road is in red, below that is his clients’ property; the dark area next to that is where they are asking to vacate; and behind that is the assessor’s map. He stated he does not disagree with staff; and will address the easements that may be needed; and his clients are more than happy to grant the County whatever easements are needed for utilities, drainage, and whatever else they may need.
Commissioner Scarborough stated he would prefer to meet with Mr. Stadler and Ms. Streeter in his office and go over those things because if they get into technical issues and have things going back and forth, it becomes more problematic for the Board to understand it all. He inquired if a decision is needed today; with Mr. Stadler responding he does not have a problem meeting with Commissioner Scarborough. Commissioner Scarborough stated he would appreciate it so he can bring something back that is clean to make it easier on the Board.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating rights-of-way in Plat of Subdivision of Farm 72, East Extension of Scottsmoor, and Plat of Subdivision of Farm 73, East Extension of Scottsmoor, as petitioned by Robert and Eleanor Brown and Ronald and April Westberry until April 11, 2006.
Walter Pine inquired if the right-of-way is within the historic two miles of Scottsmoor; with Transportation Engineering Director John Denninghoff responding he has not checked it. Mr. Pine stated it appears to be; and if it is within two miles, the Board has no authority over it; the City of
Commissioner Scarborough inquired if Scottsmoor is not acting as a city and somebody wants to have some action with local government, from vacating to building a road, who does that
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLATS OF
SUBDIVISIONS OF FARMS 72 AND 73, EAST EXTENSION OF SCOTTSMOOR -
ROBERT AND ELEANOR BROWN AND RONALD AND APRIL WESTBERRY
(ATTORNEY RICHARD STADLER) (CONTINUED)
person go and see; with Mr. Pine responding he is not a lawyer but he would think the person would have a cause of action against the City for failing to perform its duties and authorities. Commissioner Scarborough inquired who would that person serve; with Mr. Pine responding that is one of the issues that comes up with Scottsmoor; its authority does not naturally fall to the Board if it exists as a creature of the Legislature; and two sessions ago the Legislature tried to dissolve Scottsmoor but it was blocked, so Scottsmoor must exist. He stated if the County exercises an authority that belongs to the City and the City goes back to work, it would create a liability for the County for exceeding its authority
Chair Voltz requested the County Attorney address the issue; with County Attorney Scott Knox responding the simple way to look at this is to say if the Board has jurisdiction over it, then it can act upon it; and if it does not, then it does not make any difference if it acts on it or not. Mr. Knox stated if they come to the Board for vacation of a piece of property and the Board vacates whatever interest the County has, it is not its job to determine who has title to it once it is vacated. Mr. Stadler stated the County paved the right-of-way up to that point.
Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY AND
DRAINAGE EASEMENT IN EDGEWATER LANDINGS -
Chair Voltz called for the public hearing to consider a resolution vacating a portion of a public utility and drainage easement in Edgewater Landings, as petitioned by Tracy W. Adcock.
Commissioner Pritchard stated at a previous meeting he said staff should be given administrative authority to allow 10% encroachment without having to go through the vacating process; this is a 10-foot easement with an encroachment of three inches; the petitioner had to go through the process, pay $640, plus more money and time; and if staff had the 10% allowance authority, they could have approved a foot out of 10 feet without having to come to the Board. He stated it reinforces what he brought up the last time; and inquired where can the Board go with an administrative decision by staff to allow 10% encroachment without having to go through the process.
Transportation Engineering Director John Denninghoff stated he would caution the Board about that because many times vacating petitions are couched in the frame of clearing title when people are seeking to sell, purchase, get a second mortgage, or refinance and the title is clouded by the encroachment; and that would not change or go away regardless of any administrative action. Mr. Denninghoff stated as to seeking a building permit, he is not sure what ramifications that would have, as it is a permitting and enforcement issue rather than a vacating issue.
PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY AND
DRAINAGE EASEMENT IN EDGEWATER LANDINGS -
(CONTINUED)
Commissioner Pritchard stated perhaps staff could bring it back for discussion so the Board can figure out what it may be able to do; and even if it cannot address all, some would be helpful because he hates to have the public pay $640 for three inches.
There being no further comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution vacating a portion of a public utility and drainage easement in Edgewater Landings, as petitioned by Tracy W. Adcock. Motion carried and ordered unanimously. (See page for Resolution No. 06-054.)
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN
BAREFOOT BAY, UNIT 2, PART 12 - DAN R. AND SANDRA L. SCOTT
Chair Voltz called for the public hearing to consider a resolution vacating a public utility easement in
Transportation Engineering Director John Denninghoff advised staff worked it out; the request needs to be modified to vacate one and a quarter feet in width; that is agreeable to Florida Power & Light Company; and staff has the necessary legal descriptions and sketches needed for that. He stated if it is modified to 1.25 feet, staff would have no objections.
There being no further comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution vacating a public utility easement in
for Resolution No. 06-055.)
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN
GARDENS SUBDIVISION - WILLIAM P. TURNBAUGH
Chair Voltz called for the public hearing to consider a resolution vacating rights-of-way in Orange Gardens Subdivision, as petitioned by William P. Turnbaugh represented by R. K. Engineering.
Transportation Engineering Director John Denninghoff advised of a letter from the petitioner requesting the item be continued until April 25, 2006, to try and resolve concerns, and indicating it could conceivably go longer than that timeframe.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating rights-of-way in Orange Gardens Subdivision, as petitioned by William P. Turnbaugh, represented by R. K. Engineering, until April 25, 2006. Motion carried and ordered unanimously.
DISCUSSION, RE: PALM BAY BELTWAY
Commissioner Pritchard stated he talked to Transportation Engineering Director John Denninghoff last week about the Palm Bay Beltway; it is not serving the public’s interest if the Board does not lay out where the road is going to go; and he asked Mr. Denninghoff to lay it out from Ellis Road to Fiske Boulevard, using Judge Fran Jamieson Way, Stadium Parkway, Washingtonian Drive, and whatever else to show where the potential for the road may lie. He stated the idea is to create a way to get from the south part of the County to a more northerly part without having to get on I-95; the analogy he used was the Sawgrass Expressway, which was built as a limited access highway in Broward County; this beltway will not be that in some areas if they use current configurations of Stadium Parkway and Fran Jamieson Way; but they need to have that corridor and have it identified because there are a lot of landowners out there who are looking at the potential of developing and do not know where the road may fall. He suggested the Board approve having the layout for the road conducted. He stated some people think because it is called the Palm Bay Beltway that it only benefits Palm Bay, but it does not; so maybe the Board would want to change the name and call it Denninghoff Expressway, or John’s Road North, or Bob’s Road, or whatever. He noted the MPO and others have been talking about this road for about 15 years.
Chair Voltz stated they may be talking about it at the next MPO meeting. Commissioner Pritchard stated the point is they are going to see more and more of the issues coming up because there is going to be more and more demand for land further west; and as demands come and people have the idea it is not going to affect their properties, the Board will have a problem when it does affect their properties. He stated he would rather lay out the road and let folks know that is where the potential road is going to go. Chair Voltz stated she has a problem with
Commissioner Carlson stated the road Commissioner Pritchard is talking about is to relieve Wickham Road, which is the frontage road of I-95 and partly Washingtonian Drive; they are addressing that from Lake Washington south potentially as it goes into the westerly Viera site; but from that point south, they have not determined how to go through there. She stated it would be a huge traffic reliever not only for commuting purposes, but general purposes; she does not know the quality of an expressway and how much right-of-way would be required, etc. or how much is out there; but the MPO will be dealing with it soon.
PUBLIC HEARING, RE: RESOLUTION VACATING UNIMPROVED RIGHT-OF-WAY
(
) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M.
BAKER (KIM REZANKA, ATTORNEY)
Chair Voltz called for the public hearing to consider a resolution vacating an unimproved right-of-way (
) in Indian River Groves and Gardens, as petitioned by Frances M. Baker, represented by Attorney Kim Rezanka.
Commissioner Colon stated it is in her District and she does not have a problem with it.
PUBLIC HEARING, RE: RESOLUTION VACATING UNIMPROVED RIGHT-OF-WAY
(
) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M.
BAKER (KIM REZANKA, ATTORNEY) (CONTINUED)
There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution vacating an unimproved right-of-way (
) in Indian River Groves and Gardens, as petitioned by Frances M. Baker.
Transportation Engineering Director John Denninghoff advised there were objections from a couple of different sources.
Commissioner Colon withdrew the motion; and Commissioner Pritchard withdrew the second.
Attorney Kim Rezanka, representing Frances Baker, stated they were set for January 10, 2006, but received comments from the City of Melbourne that it needed a utility easement over 30 feet of the right-of-way; they learned Stormwater for the County needed a 50-foot drainage easement; and Ms. Baker has agreed to that, but County staff, with good reason, does not want to go forward until the documents are done, so they are seeking a continuance until May 9, 2006.
Motion by Commissioner Colon, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating an unimproved right-of-way (Trimble Road) in Indian River Groves and Gardens, as petitioned by Frances M. Baker, represented by Attorney Kim Rezanka, until May 9, 2006.
Commissioner Pritchard inquired why is the item being tabled; with Ms. Rezanka responding it is a request by County staff so they can get the documents completed; apparently Todd Goldman with the City of
Mr. Denninghoff advised there is still a fair amount of paperwork that would need to be resolved on this that they have not been able to work out at this point; additionally, there is a possibility they may be able to eliminate the concern that the County has on the stormwater utility easement and eliminate that objection. Mr. Denninghoff stated in addition to that, there is another objector who has requested the County not approve the vacation, primarily the property owner to the north. He stated they are trying to assess exactly what the objections are and if there is any resolution to them.
Chair Voltz called for a vote on the motion to continue the public hearing. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN ADDITION NO. 1,
JUNE PARK -
Chair Voltz called for the public hearing to consider a resolution vacating rights-of-way in Addition No. 1, June Park, as petitioned by
Motion by Commissioner Carlson, seconded by Commissioner Colon, to continue the public hearing on a resolution vacating rights-of-way in Addition No. 1, June Park, as petitioned by
PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCES 03-33, 96-54, AND 92-23,
DISPOSITION OF ROAD AND BRIDGE MSTU PROCEEDS
Chair Voltz called for the public hearing to consider an ordinance amending Ordinances 03-33, 96-54, and 92-23, Disposition of Road and Bridge Municipal Service Taxing Unit proceeds.
There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to adopt an Ordinance amending Ordinance 03-33, which amended Ordinances 92-23 and 96-54 of the Brevard County Board of County Commissioners which addressed former Article IX, Division 1, Section 20-93, Code of Ordinances of Brevard County, Florida 1992 to add traffic control services and clarify canals and channels as authorized uses for Road and Bridge Municipal Service Taxing Unit Funds; providing for specific percentage use of funds in District 2; providing for severability; providing for area encompassed; providing for inclusion in the Code; providing for effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 06-13.)
The meeting recessed at 10:41 a.m., and reconvened at 10:55 a.m.
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY
Chair Voltz advised there are three speakers on the item; and called for Steve Jack. Commissioner Scarborough stated Mr. Jack was in the audience, but must have stepped out of the room. Chair Voltz called for Thelma Roper, then Walter Pine; and stated Steve Jack will speak when he gets back. Commissioner Scarborough stated he wants Mr. Jack to hear the others. Mr. Jack returned to the room; and Chair Voltz stated he was the first speaker. Ms. Roper inquired if the Board preferred for Mr. Jack to go first. Commissioner Scarborough stated it may be better to listen to the comments of others so Mr. Jack can respond to any objections. Chair Voltz stated he had his card in first. Commissioner Scarborough stated whatever the Chair wants to do is fine; and the Board can allow Mr. Jack the opportunity to come back and respond. Mr. Jack stated he would prefer to speak after the other speakers. Chair Voltz requested Ms. Roper to proceed.
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
Thelma Roper stated she is rather concerned about the incorporation feasibility study for Mims because when she found out where they were going to lay their boundaries, her property was located inside the boundaries; she is not for the incorporation; and she knows people who have thrown the information away on this because they were not in favor of it. She stated she knows Mr. Jack has signatures; she is not sure how all the signatures came about because she knows some of the people and has talked to them; and she is sure they signed it, but she is not sure they were as fully informed as they could have been when they gave their signatures. She stated the boundary goes up to Flounder Creek Road; the Scottsmoor Community Association sent a letter to Mr. Jack regarding the matter several months ago commenting on that particular northern boundary; and it seems to have been ignored. She stated she wants to go on record that she is not sure this is the wise route.
Walter Pine stated it is highly inappropriate that they be asked to comment before Mr. Jack; there are a number of issues, including the boundaries, that are not carefully outlined; and when the Board passed it on January 10, 2006, it did not have the boundaries or a public record of the petition. He stated he does not know if the Commissioners saw the petition or not, but late last year, four or five months ago, Mr. Jack said he had a thousand signatures; in fact it is put in writing; and he was only able to deliver 920 signatures. He stated the petition is incomplete and addresses are incomplete; people who live out of the County actually signed it; and he does not know if they own property within the boundaries. He stated there are 920 signatures of people he is sure own property within the boundaries; he is trying to get the numbers but it is difficult to do because he does not know exactly how to break down some of the census materials; he is sure at least 40,000 people live within the boundaries of the area; so it is about 2.5% of the population asking for a study and for the County to pay for it. He stated that is a precedent that is pretty low in value; most special interest groups cannot come before the Board and the Board set this precedent for a study at 2.5% of the population of a given area; that is awfully small; and it may be smaller yet. He stated he was at the Scottsmoor Community Association meeting when it voted on it; it said its southern boundary was
; Scottsmoor has worked hard and they have as well to get the fire station in North County built; and it is interesting that it will now be in the City.He stated they worked hard because they needed the fire protection; now the City is encompassing that fire station; people are being told the taxes will not go up; and he called around to cities that incorporated and could not find any that recently incorporated, but taxes always go up.He stated he was told by Legislators that the water plant in Holder Park area, which is County property, will naturally transfer to the City, so they are going to lose some infrastructure that the County paid for.Mr. Pine stated on January 10, 2006, the boundaries were not there; and inquired how did the Board know the people knew to come to the meeting and talk to the issue.He stated the notice was inadequate; Commissioner Scarborough said he ran into Mr. Jack in the parking lot and that he was supposed to be on the Agenda; there is no application to be on the Agenda; Mr. Jack properly put in applications to be on the Agenda on all previous occurrences; and he understands that the reason it was pulled was because of the debate and large public outcry over the boundary between Scottsmoor and Mims.He stated that has still not been solved; in fact it is now further north than they were screaming about before; he is very concerned about it; additionally the contract was signed to do the study before it was supposed to be done; they brought that to the attention of the County; it has not been handled in a very good way; and proper notice needs to
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
be done so people get to comment. He stated Mr. Jack has been good about bringing people to the meetings, but none have come; and inquired where are all the people who support this issue. Mr. Pine stated the people who are against it would come if they knew about it; they did not know whether their properties were in the boundaries; there was no public notice of where those boundaries are; so a lot of people did not know about it. He stated they are just beginning to tell them that they are in the boundaries of what they are trying to incorporate; only one person north of Grantline Road knew his property was within the boundaries that Mims is trying to incorporate; he was born and raised in that area and knows a lot of people there; and Thelma Roper was born and raised in that area also. He stated they are here making comments but do not know what Mr. Jack is going to present to the Board to support the study; and inquired how can they comment on what Mr. Jack is going to say or on what the County is considering when there is no public record that contains the proper proposal of what the Board is considering at this meeting.
Commissioner Scarborough stated he has a letter from Mr. Jack defining the boundaries. Mr. Pine inquired if it is signed; with Commissioner Scarborough responding his letter is not signed. Mr. Pine stated there is no copy in the County that is signed. Commissioner Scarborough inquired if that is what Mr. Pine saw; with Mr. Pine responding yes, and when it talks about Flounder Creek Road, it says south of Flounder Creek Road, but it does not say where or at the border of Flounder Creek Road. Commissioner Scarborough inquired if he and Mr. Pine are looking at the same thing; with Mr. Pine responding yes, he faxed it to Commissioner Scarborough and raised the issues of why it was not correct.
Steve Jack stated Mr. Pine likes to give the Board imperfect facts; he did hand out the same thing to the Board; it was a request; it had boundary lines; and the original north boundary line went to south of Johns Road, which is where the Scottsmoor City limit is. He stated he tried to find out from Department of Transportation where the unincorporated area of Mims starts and Scottsmoor begins; an old gentleman there at the north boundary of Scottsmoor said the sign came up missing; and he began to tell them at Scottsmoor’s meeting that they do not know and Department of Transportation does not know where one begins and the other ends. He stated right at the south of
is where it says Scottsmoor; they were originally going to go to Scottsmoor; and Barbara Morehead lives south of there and said she did not want that, so they backed off to .He stated they have set boundaries and talked to the City of Titusville in Commissioner Scarborough’s office and told them where they were going to go; they said nothing that day about the southern boundary; and now they have concerns.Mr. Jack stated the City wants to go all the way to Parrish Road; if they do that, it is going to cut Sherwood in half; and if the Board looks at Eola Avenue, stop where the County’s water supply comes to, and goes back to Panther Lane and Tomato Farm Road, it has always been Mims; so there is no problem there and they are going to talk to Mr. Harmer and would like Commissioner Scarborough and County Attorney Scott Knox to be present.
Commissioner Scarborough stated he received some concerns from the City of
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
Mr. Jack stated he did not refuse to talk to them; he got about five emails and someone got all excited in Scottsmoor and said they do not want to incorporate; their intention was never to incorporate Scottsmoor; those people were all upset; in fact one of them told him he had been told lies and he wanted to start coming to their meetings. He stated their meetings are posted and open every month; they have not seen Mr. Pine or Ms. Roper there, but one time; the meetings are open to everyone; and the reason there are concerns for some boundaries is because every time they set them, some people say they are leaving them out, so they go back and talk to those people. He stated the boundaries, as far as they are concerned, are firm; they will be the Indian River lagoon on the east,
Commissioner Pritchard inquired if Mims has a defined boundary that people who reside there give as their addresses; with Mr. Jack responding it starts at Parker Street; Titusville was actually back of Eola Avenue; they are now coming out to Parrish Road; they have defined on their maps as Parrish being their outer limits; and they are asking to come across there and come back to Eola Avenue across I-95 because that is where their water goes. Mr. Jack stated that is where all those people on
and have always been in Mims.He stated they worked with Mr. Higgenbotham right at Eola; they just rezoned some of his property going back to ; and that is all Mims area back there.He stated he
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
received letters from folks in Sherwood Forest asking why they were excluded; they do not want to exclude anybody;
Chair Voltz inquired if it is from the City Council; with Commissioner Pritchard responding that is where it came from. Chair Voltz stated she also has a letter from Larry and Cathy Daniels saying they live within the area and are not in support of the incorporation. Mr. Jack stated they have about eight or ten people who do not support it; no one requested 1,000 signatures; and he did that on his own to show the board and residents that the people supported it. Chair Voltz stated what Mr. Pine said was Mr. Jack said he had 1,000 signatures and only had 920. Mr. Jack stated he actually had more than that, but people did not get them back to him; they did have 1,000 signatures, but there are still some out there.
Commissioner Scarborough stated County Manager Peggy Busacca talked to City Manager Tom Harmer yesterday; they are fairly well defined as to where their lines want to be; the thing with Scottsmoor may be more of a problem; they do need to have a defined boundary before they have a study; so the best thing to do is bring the item back after they define those things.
Mr. Jack stated he would like to have someone tell him exactly where the borders of Scottsmoor are, but no one can do that. Commissioner Scarborough stated he is not the one that can do that, but he is sure it is out there some place. Mr. Jack stated the Department of Transportation could not tell him that either.
Chair Voltz inquired if the recommendation is to do nothing at this time; with Commissioner Scarborough responding Mr. Jack needs time to define the boundaries and work out issues with Mr. Harmer.
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
; and if the boundary did not include any area south of , the City would be neutral on the issue of incorporation.Chair Voltz stated they have to work with the City.
The Board took no action at this time on the Mims incorporation feasibility study to allow Mr. Jack time to define the boundaries and work out issues with the City of
BINDING DEVELOPMENT PLAN AGREEMENT WITH GERALD R. WYLES, SR., AND
CAROLYN S. WYLES, TRUSTEES OF THE GERALD R. WYLES AND CAROLYN S.
WYLES TRUST, RE: PROPERTY LOCATED ON THE SOUTH SIDE OF BROADWAY
BOULEVARD, ADJACENT TO EAST SIDE OF
Commissioner Carlson stated the Binding Development Plan does not reflect the motion approved by the Board; the motion was to approve the Binding Development Plan addressing all issues that were addressed by the P&Z Board; and it did not include no truck parking on the property and structures be limited to office use only.
Zoning Manager Rick Enos advised the Binding Development Plan said no septic and pump trucks instead of no trucks; it did not indicate anything about structures for office use only; and both of those issues were part of the motion and were not accurately reflected in the Binding Development Plan.
Commissioner Scarborough stated if the Board takes action at a zoning meeting and the Binding Development Plan does not reflect it, it could re-advertise and take a different action; but it does not have the authority today to amend a substantive issue that was handled by the Planning and Zoning Board.
Mr. Enos stated that is correct with respect to the provision of structures for office use only; and the truck issue may have been a misinterpretation. He stated the owner is in the septic business; and he may have been thinking septic pump trucks when the Board said trucks, so the Board may be able to deal with that today, but it needs to be in the Binding Development Plan in order for the Board to approve it.
Commissioner Carlson inquired why did the Board not get the Binding Development Plan back in the form that it should have been, given the motion it made at the meeting; with Mr. Enos responding the applicant insisted to go the way it was presented. Commissioner Scarborough inquired if the applicant prepared it; with Mr. Enos responding the applicant is here.
Gerald Wyles stated he owns the property; and when he met with the Zoning Board, he had two neighbors who were complaining; one complained about pump trucks pulling into the property and almost running over her fence and into her house; and he did not have any response at the time because the Zoning Department told him if there were any objections, they would let him know and he was responsible for going to those neighbors and talking to them about it, but no
BINDING DEVELOPMENT PLAN AGREEMENT WITH GERALD R. WYLES, SR., AND
CAROLYN S. WYLES, TRUSTEES OF THE GERALD R. WYLES AND CAROLYN S.
WYLES TRUST, RE: PROPERTY LOCATED ON THE SOUTH SIDE OF BROADWAY
BOULEVARD, ADJACENT TO EAST SIDE OF
(CONTINUED)
one notified him there was going to be any dissent. He stated one neighbor had a legitimate complaint that the truck came up to her fence and scared her; she thought it was a pump truck, but it was a dry cement truck delivering to the concrete company next to his business; he met with the lady to address her complaint; a lot of people think he owns the concrete company because he makes septic tanks; but he does not own it. He stated the trucker came to his property to back in and it was closed; and he came to his shop and asked if he could open the gate, and they told him he did not own that property and helped him contact the owner who opened it for him. He stated the neighbor had pictures and said she thought it was a septic pump truck; in making the Binding Development Plan, he excluded septic pump trucks because he does not intend to put any of those vehicles there; his intention for the property is to build an office for his business because they have outgrown their current office; they went from five employees to 30; and they have run out of office space; but he also intends to fully develop the property under the rules of the PIP.
Commissioner Scarborough stated the Board has a problem hearing this issue because it goes to substantive matters; if it is a zoning and Mr. Wyles wants the Board to reconsider the motion, it needs to be readvertised; the Board is taking evidence here that people should have a right to know about; and there is no way it can reopen the issue because the Zoning Board said for office only and no truck parking. He stated the motion was to do exactly what the Zoning Board recommended; the Board cannot reopen and re-decide the issue; and there are two options, one to not accept this today and Mr. Wyles come back with an amended Binding Development Plan, or talk to Mr. Enos about having it reheard as a zoning matter.
Mr. Wyles stated he did not know what a Binding Development Plan was when he agreed to one; in the meeting it said he wanted to build an office only; he has three acres and wants to build a lot of offices for engineers, surveyors, and people who do not need to be on U.S. 1; it would improve the area; but an office is not what he wants. He stated as for the trucks, it would be confusing for the neighbor because every time a truck comes up to the door, the neighbor would call Zoning; and he cannot say he is going to restrict trucks from coming on his property because it would mean FedEx could not make deliveries.
Commissioner Scarborough stated he does not have a problem between singular and plural for an office or offices; some of the things Mr. Wyles is requesting go beyond previous action and would create a dangerous precedent, so the Board cannot take action on those; and it cannot accept the Binding Development Plan he submitted. He stated the Board is rehearing a zoning item and substantially changing it without giving proper notice; therefore, he suggests it take no action today, and Mr. Wyles work with Mr. Enos within the framework of the Binding Development Plan that would not be too far outside the language of the motion. He stated if the item needs to be reheard, Mr. Enos will help Mr. Wyles advertise it so it can be reheard at a zoning meeting.
BINDING DEVELOPMENT PLAN AGREEMENT WITH GERALD R. WYLES, SR., AND
CAROLYN S. WYLES, TRUSTEES OF THE GERALD R. WYLES AND CAROLYN S.
WYLES TRUST, RE: PROPERTY LOCATED ON THE SOUTH SIDE OF BROADWAY
BOULEVARD, ADJACENT TO EAST SIDE OF
(CONTINUED)
Mr. Wyles inquired what would he do about the truck issue; with Chair Voltz responding that is what he needs to work out with Mr. Enos because it is out of the Board’s jurisdiction. She advised Mr. Wyles to meet with Mr. Enos and work out a Binding Development Plan that would suffice the actions that were taken by the Board previously versus what he wants; and if he cannot do that, it would need to be readvertised. Mr. Wyles stated he would like to have a personal meeting and not do it over the phone. Mr. Enos stated if Mr. Wyles has the time, he can come to his office right now. Mr. Wyles stated he has the time.
NOTE: The Binding Development Plan was amended and approved later in the meeting.
CONTRACT FOR
ROAD WIDENING PROJECT, BETWEEN
AND 192
Motion by Commissioner Colon, seconded by Commissioner Pritchard, to execute Contract for Sale and Purchase with Thomas W. Phillips for Parcels 117 and 718 at $11,090 for the Wickham Road widening project; accept a Temporary Construction Easement from Thomas Phillips; and waive Phase I Environmental Assessment, Deed and Plat restrictions, and Florida Power & Light Company, BellSouth, and Public Utility Easements for the parcels. Motion carried and ordered unanimously. (See pages for Contract, Easement, Partial Release of Mortgage, Joinder in Dedication of Easement, and Waiver Request.)
CONTRACT FOR
RE:
WIDENING PROJECT, BETWEEN
AND 192
Motion by Commissioner Colon, seconded by Commissioner Pritchard, to execute Contract for Sale and Purchase with Pinecrest Properties, LLC for Parcels 111 and 720 at $6,103 for the Wickham Road widening project; accept a Temporary Construction Easement from Pinecrest Properties; and waive Phase I Environmental Assessment, Deed and Plat restrictions, and Florida Power & Light Company, BellSouth, and Public Utility Easements for the parcels. Motion carried and ordered unanimously. (See pages for Contract, Easement, Partial Release of Mortgage, and Joinder in Dedication of Easement.)
DISCUSSION AND STAFF DIRECTION, RE: PINEDA CAUSEWAY REALIGNMENT
PROJECT
Commissioner Carlson stated the City of
DISCUSSION AND STAFF DIRECTION, RE: PINEDA CAUSEWAY REALIGNMENT
PROJECT (CONTINUED)
the County allow the City to purchase what it needs for the water tank and keep the remainder of the parcel, which would be about an acre.
Transportation Engineering Director John Denninghoff advised there are two issues; the appraisal is an April 2005 appraisal; so the question is does the Board want staff to operate with that or seek a new appraisal. He stated the appraisal process would be affected by the second issue and that is the City needs approximately one acre for its water tank; staff has looked at the ability to split the property into two one-acre parcels; that would work and both would be conforming lots; and the County could sell both acres to the City or just one acre. He stated if the County sells both acres, the City has an agreement with Holy Trinity giving it ten years to purchase the remaining acre; so if they split the property, they would probably have to update the appraisal or accept pro-rated value based on splitting it on an equal value per square foot.
Chair Voltz stated they need to update the appraisal as it is too old.
Commissioner Carlson stated she agrees with that and with splitting the property and giving the City what it needs at the going price. She stated the issue with Holy Trinity is that the City would require it to annex into the City; it has some concerns about that; and it is not sure it would have the money within the time span that the City would offer it up to purchase the one acre; and if it did not, it would go back to the City and the City would sell it for its own profit. She stated the Board might as well not give away the property; it has a potential to have it for a staging ground during the building of the Pineda Extension; and suggested staff ensure the Agreement with the City has a condition of the sale to make the property available for staging. She stated she wants to make it part of the agreement and not just a verbal agreement.
Mr. Denninghoff stated if the County sells one acre, it probably will not have a problem; they are trying to work it as a cooperative effort; and the City needs to get the tank constructed to improve its water service in the north end of its service area. Commissioner Carlson inquired if the City has a timeframe; with Mr. Denninghoff responding yes and no for the tank, but the water lines have to be reconstructed for the Pineda Extension so that the City’s utilities are out of the way of the roadway construction. He stated there is an issue there, and they are trying to dovetail those reconstruction efforts so resolution of the issue becomes important with respect to the County’s construction project as well as the City’s water tank. Commissioner Carlson inquired how close will the tank be to the Pineda Extension; with Mr. Denninghoff responding he does not recall the setback distance, but it is not right up on the road; it well exceeds all the setback requirements the County has for it, at least in the layout he has seen; and it was a preliminary or conceptual layout. He stated the City’s intention is to have an aesthetically pleasing architectural look to the structure so it is not going to look like a big tank sitting out there; and that would be part of the final contract staff will bring back to the Board. Mr. Denninghoff stated they also have some ideas, if it is split into two separate properties, to have a common driveway to reduce the number of driveways on the Pineda; the City will not be using its driveway very much; and it might be a benefit to the traveling public without hurting anyone. He stated staff thought about those issues but has not gone forward and negotiated those until this item came to the Board; and the City staff would also like to find out the Board’s disposition of the subject before they approach City Council.
DISCUSSION AND STAFF DIRECTION, RE: PINEDA CAUSEWAY REALIGNMENT
PROJECT (CONTINUED)
Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize staff to obtain a new appraisal of the remainder parcel purchased for the Pineda Causeway Extension; split the property; work with the City of Melbourne for purchase and use of one acre; and ensure the property will be available as a staging ground during construction of the Pineda Causeway Realignment Project. Motion carried and ordered unanimously.
The meeting recessed at 11:34 a.m. for Executive Session and lunch, and reconvened at 1:00 p.m.
*Commissioner Carlson’s absence was noted at this time.
BINDING DEVELOPMENT PLAN AGREEMENT WITH GERALD R. WYLES, SR., AND
CAROLYN S. WYLES, TRUSTEES OF THE GERALD R. WYLES AND CAROLYN S.
WYLES TRUST, RE: PROPERTY LOCATED ON THE SOUTH SIDE OF BROADWAY
BOULEVARD, ADJACENT TO EAST SIDE OF
(CONTINUED)
Commissioner Scarborough advised Mr. Wyles submitted a Binding Development Plan that was not in accordance with the Board’s action; Mr. Enos met with Mr. Wyles and amended the Binding Development Plan that is now in complete conformity with the Board’s action; so it would be appropriate to take care of that.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Binding Development Plan Agreement with Gerald R. Wyles, Sr., and Carolyn S. Wyles, Trustees of the Gerald R. Wyles and Carolyn S. Wyles Trust for property located on the south side of Broadway Boulevard adjacent to the east side of Florida East Coast Railroad. Motion carried and ordered unanimously. (See page for Binding Development Plan Agreement.)
*Commissioner Carlson’s presence was noted at this time.
RATIFICATION, RE: EXECUTIVE SESSION ON NORTH BREVARD HOSPITAL DISTRICT
AND NATIONAL
County Attorney Scott Knox advised the Board needs to ratify or put on the public record what it did in executive session regarding the North Brevard Hospital District v.
Commissioner Pritchard stated the motion he made was that the Board would pay the agreed upon price, which he believes was 60% of the amount billed for inmate care at one of the local hospitals. Chair Voltz stated both of the hospitals agreed to 60% of the bills.
RATIFICATION, RE: EXECUTIVE SESSION ON NORTH BREVARD HOSPITAL DISTRICT
AND NATIONAL UNION FIRE INSURANCE COMPANY (CONTINUED)
Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize paying the agreed-upon prices of 60% of billed amounts for inmate care to the hospitals in the North Brevard Hospital District v.
Chair Voltz advised there is a second part of it. Mr. Knox stated it is
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to reject the offer from National Union Fire Insurance Company to settle the recovery of judgment incurred in the Maxwell case. Motion carried and ordered unanimously.
ACCEPTANCE OF DEED FROM
FISHER, RE:
RIGHT-OF-WAY
Motion by Commissioner Pritchard, seconded by Commissioner Colon, to accept a Deed from Clinton J. Kicinski, Larry G. Lewis, and Ray Fisher, for
right-of-way.Motion carried and ordered unanimously.(See pagefor Deed.)
RESOLUTION AND QUIT CLAIM DEED TO CITY OF
INTEREST IN REMNANT STRIPS OF LAND ON CITY-OWNED PROPERTY
Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution and execute Quit Claim Deed to the City of
RELEASE OF TEMPORARY EASEMENTS, RE:
Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Release of Temporary Easements from L & B Investments, Inc. and Sherwood Associates, as the proposed subdivision was never developed. Motion carried and ordered unanimously. (See page for Release.)
APPROVAL OF REVISED POLICY BCC-24, RE: ACQUISITION OR EXCHANGE OF
REAL PROPERTY
Transportation Engineering Director John Denninghoff advised periodically staff reviews Board Policies; they have done that with Policy BCC-24, which is the policy regarding acquisition of property; and staff has proposed a number of changes, most of which he would characterize as housecleaning items. He stated there are seven items listed on the Agenda Report that were reviewed with the County Attorney’s staff and staff of various Departments involved with property acquisitions; and they are happy with it, with one exception. He stated the Policy still requires staff approach the Board prior to negotiating acquisitions; that requirement has in the past occasionally slowed down acquisitions and cost the taxpayers some money; staff is not suggesting they would not come back to the Board before the acquisition is completed; but they hope the Board will entertain the suggested change in language. Mr. Denninghoff presented copies of a document to the Board but not the Clerk; stated page 3, subparagraph (a), Acquisition and Exchange, has the underlined language modification, which states, “In the event that time is of the essence, the
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve revised Policy BCC-24, Acquisition or Exchange of Real Property, to expand the title to include dedication and donation, expand definitions of terms and references, include that acquisitions of $100,000 or more shall be placed on the agenda as new or unfinished business, and donations, dedications, and items less than $100,000 may be placed on the consent agenda; to add emergency acquisition provisions, to allow CIP improvements to be considered authorized for negotiations; title defects of user agency, after advertisement by the County Attorney, will determine if the defect can be waived after considering if the defect is significant and whether the defect will affect the intended use or value; and adding maintenance map recording. Motion carried and ordered; Commissioner Colon voted nay. (See page for Policy BCC-24.)
ACCEPT DRAINAGE EASEMENT FROM CAROL FERRELL, RE:
Commissioner Scarborough stated staff worked with the property owner to alleviate drainage problems; and thanked everybody and Ms. Ferrell for working with the County.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept permanent Drainage Easement from Carol Ferrell for
, and waive Phase I Environmental Assessment, Title Insurance, and Appraisal Report.Motion carried and ordered unanimously.(See pagefor Easement.)
REQUEST FOR GRANT FUNDING, RE:
STUDY
Natural Resources Management Director Ernie Brown requested $50,000 to complement a grant from Florida Fish and Wildlife Commission to perform a recreational boating study, which supports Resolution No. 06-025 to evaluate boating traffic patterns and identify possible siting of high-speed corridors and associated environmental impacts of siting those corridors. He stated Fish and Wildlife Commission has granted $51,000 to start the process; that portion of funding will only start the survey and identify and compile the data; and the funds they are asking for will aggregate that information and make it usable in GIS format to identify boating patterns and look at the economic and ecological impacts associated with those patterns. He stated funding sources staff identified as possible opportunities are the General Fund Contingency, 50% of available match funds for other grants, and using Boating Improvement funds that are specifically for boating studies. He noted it is a portion of the fees received from boater registration; and staff’s recommendation is to consider the fees from boater registration, as they can use 15% of those funds for boating studies.
Commissioner Pritchard inquired if there is money in the Boating Improvement Fund; with Mr. Brown responding yes. Commissioner Pritchard stated it is something the Board has to do; Fish and Wildlife Commission is giving a match; and he would move the item with the money coming from the Boating Improvement Fund.
Motion by Commissioner Pritchard, seconded by Commissioner Voltz, to approve allocation of $50,000 from the Boating Improvement Fund to augment the Florida Fish and Wildlife Conservation Commission’s grant for recreational boating study for
Chair Voltz stated the issue is out of the July meeting with 13 counties, so she is glad to see it happen and move forward.
REPORT, RE: FOAM IN
Commissioner Carlson inquired if Natural Resources Management Director Ernie Brown could give the Board a brief commentary on the foam issue that was reported all over the papers on the weekend. She stated there is going to be an Indian River Lagoon symposium put on by Florida Tech on Friday and Saturday; the Friday portion will cover a myriad of issues worked on by Florida Tech and other agencies outside of the University; and Saturday morning portion will start at 8:00 or 9:00 a.m., but people can call Florida Tech to find out.
Ernie Brown stated the Department of Environmental Protection has been taking samples to try and determine exactly what the cause for the foam is; about two weeks ago it was most prevalent on Saturday and Sunday where there was a high foam residue that lingered as a result of boat wakes; and this past weekend it was not that bad. He stated Department of Environmental Protection has determined it is primarily a phosphorus issue; the exact cause is unknown; and it is speculation as it relates to algae blooms and subsequent die offs or what
REPORT, RE: FOAM IN
they call nutrient loading as a result of wind shifts pushing up against he shore then pushing back out in a quick timeframe. He stated Department of Environmental Protection is doing a sampling to evaluate the cause; and the known factor is a high phosphorous content in the lagoon right now that is prompting that kind of results.
Commissioner Carlson stated the paper reported all the fresh water that had been dumped into the lagoon because of the hurricanes; with Mr. Brown responding it may be a contributing factor, but it is speculating at this point and not appropriate to make those kinds of comments. Commissioner Carlson inquired if the Board will get a report on what the finds are; with Mr. Brown responding affirmatively.
REPORT, RE: MID REACH PROJECT
Chair Voltz inquired where is the County on the Mid Reach project; and if the Corps of Engineers is dragging its feet, when is the County going to take it to task.
Natural Resources Management Director Ernie Brown advised it is a very complex and cumbersome process working with the Corps to get a large-scale beach renourishment project, which they have requested on two fronts, one of which is to get them to actually provide funds for it; and the Corps said if the County gets the funds, it may happen in 2009. Mr. Brown stated the Board directed staff to submit independent applications; they have been back and forth with the Corps extensively; and his staff has been to
Chair Voltz stated when they went to see the Governor last year, the Governor suggested that not just staff go to the Army Corps of Engineers in Jacksonville, but to take Congressmen, Senators, and Representatives and all go there at the same time to put pressure on the Corps to do something; and she knows there is going to be a meeting set up, and wants to know where that meeting is at this point. Mr. Brown stated they worked with Congressman Weldon’s office to try and find the opportune time to do that; what was asked of the County by the Corps in Jacksonville was to allow it to get those permits in and try to get some feedback from the other agencies, such as U.S. Fish and Wildlife and others that deal with input or comment on those permits; right now they are coming to a conclusion at the Jacksonville level; and that would probably be in the next month or two. He stated it is premature at this point to ask the federal legislators to inquire and ask questions because the data has not been compiled by
REPORT, RE: MID REACH PROJECT (CONTINUED)
other agencies. Chair Voltz stated the Governor said he would be more than happy to set up that meeting; and suggested they make sure they go ahead with that as the hurricane season is quickly approaching.
Commissioner Carlson stated it seems like a couple of years since they had a meeting in Jacksonville; back then they said they wanted to do the GRR; the County got the money for that; it was going to be two years from that point; and inquired where does that stand, and was it a study process in itself. Mr. Brown stated the GRR is a study to reincorporate the Mid Reach into the federal Shore Protection Project. Commissioner Carlson stated it requires a lot more science; with Mr. Brown responding it requires a lot more additional science; the County did the environmental impact study and paid for it; and that is at the Corps now for review. He stated staff has not gotten comments back from the Corps; he feels confident it will require additional information as is always the case with those kinds of projects; and it is a very arduous process. He stated he cannot tell the Board the amount of hours that his staff, especially Virginia Barker, spends trying to negotiate those avenues, which are quite cumbersome; and it is extraordinary how much time she has to spend to deal with it.
Chair Voltz stated she appreciates everything staff has done so far, and requested they keep plugging along. Mr. Brown stated they will work to set up that meeting in the next month or month and a half.
VARIANCE TO POLICY BCC-24, AND AUTHORIZE STAFF TO DISCUSS LAND
EXCHANGE, RE:
Commissioner Carlson stated the request is for a variance to Policy BCC-24, Acquisition or Exchange of Real Property, to authorize Parks and Recreation Department to discuss possible exchange of land with Mr. Paul Rufo, who holds options to purchase four outparcels in
VARIANCE TO POLICY BCC-24, AND AUTHORIZE STAFF TO DISCUSS LAND
EXCHANGE, RE:
Commissioner Scarborough stated basically this is the same as a variation of the Policy to allow staff to begin discussions with Mr. Rufo with the parameters Commissioner Carlson set out; and if so, he will second the motion.
Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to grant a variance to Policy BCC-24, Acquisition or Exchange of Real Property, Section III.D., and authorize Parks and Recreation Department staff to discuss the acquisition of
RESOLUTION, RE: QUALIFYING CONFIDENTIAL PROJECT (05-06) 1-2-9-E AS
ELIGIBLE BUSINESS UNDER COUNTY’S TAX ABATEMENT PROGRAM
Charles Smith described the business, expected number of employees, and the origin of the company. Chair Voltz welcomed the company to
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution qualifying Confidential Project (05-06) 1-2-9-E as an eligible business under the County’s Tax Abatement Program; requesting Economic Development Commission conduct an economic impact analysis; and requesting permission to advertise a public hearing to consider an ordinance exempting the Project from select County ad valorem taxes. Motion carried and ordered unanimously. (See page for Resolution No. 06-057.)
CONSIDERATION OF SPECIAL MAGISTRATE’S RECOMMENDED ORDER,
RE:
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept the Special Magistrate’s Recommended Order to grant vested rights to Newton Land Development-San Marino Estates regarding denial of a site plan because of wetlands impacts. Motion carried and ordered unanimously.
BOARD DIRECTION, RE: RENEWAL OF AGREEMENT WITH EDDY PAULEY AND
ISSUANCE OF NEW RFP FOR FEDERAL LOBBYING SERVICES
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Option 1, to renew the Agreement with Eddy Pauley beginning June 1, 2006 for one year with two optional renewal years. Motion carried and ordered unanimously. (See page for Agreement.)
BOARD DIRECTION, RE: RENEWAL OF AGREEMENT WITH EDDY PAULEY AND
ISSUANCE OF NEW RFP FOR FEDERAL LOBBYING SERVICES (CONTINUED)
Chair Voltz stated
ADDITION TO AGENDA, RE: STAFF RECOGNITION SECTION
Commissioner Pritchard stated recognition of staff is great and certificates should be signed by the Chair and presented to the employees.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to add a section on the agenda for staff recognition. Motion carried and ordered unanimously.
APPROVAL OF COMMERCIAL PAPER LOAN, RE: PURCHASE OF EMERGENCY 911
COMPUTER-AIDED DISPATCH SYSTEM
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve a commercial paper loan in an amount not to exceed $600,000 to purchase an Emergency 911 computer-aided dispatch system. Motion carried and ordered unanimously.
REPORT, RE: WILDFIRES/CONTROLLED BURNS
Chair Voltz advised Commissioner Pritchard brought up the fire situation this morning; and requested Chief Farmer address it.
Fire Chief Bill Farmer advised this is the season; the
REPORT, RE: WILDFIRES/CONTROLLED BURNS (CONTINUED)
sure unless they are discussing El Nino. He stated in 1998, it was too wet and they were scared that if a hurricane hit, they were all going to drown; and in a matter of four to six weeks, they were a desert and in the drought index was 700 to 800, which is not where they want to be. He stated that pattern has not set up that way yet; one thing that they do not like is they did not have frost this year; it is still not outside the realm of possibility as they had frost in March and early April in previous years; but it is not looking that way. He stated they like to have frost because it allows for easy and quick burns during the transition phase where there is still plenty of moisture to stop the fires from being explosive; they burn cleanly and leave the area for a nice growth to occur; and he does not think that pattern has set up as in 1998.
REPORT, RE: CONTROLLED BURN OFF BEACHLINE (SR 528)
Commissioner Colon stated she was coming back from Orlando and a controlled burn was ready to cross the Beachline; she was surprised that they felt confident and did not have anyone there, nor fire trucks to make sure the wind was not going to make it cross over; and it was disappointing because when she called 911 they said it is a controlled burn and not to worry about it. She stated it was not
Chief Bill Farmer assured the Board that Brevard County does not do that; it is confident with its prescriptions for burns, but those include sufficient equipment and staff in case the prescription goes south because Mother Nature decides to bring in the beach winds and things or a thunderstorm comes through and makes its own weather. He stated they do not set controlled fires and have under-staff or no equipment in the area.
PUBLIC HEARING, RE: ORDINANCE CREATING SECTION 106-6, EMERGENCY
SERVICES LIMITED ACCESS ROADWAY OBSTRUCTIONS AT RAILROAD
CROSSINGS
Chair Voltz called for the public hearing to consider an ordinance creating Section 106-6 of the Brevard County Code regarding emergency services limited access roadway obstructions at railroad crossings.
Mortimer Rothstein of Snug Harbor stated the residents feel they are lucky to have their exit on the west side of the railroad tracks because they have police and fire rescue; and advised of a train parked 50 yards south of Micco and two men who left the train, went to the store, and then returned. He stated this week there were two trains, one completely stopped for half an hour at Barefoot Bay; they are running three locomotives and maybe 100 cars on each train; and they do not go anywhere, so people can be unlucky to be in an ambulance with a heart attack at that time. He stated he went to the development off Senne Road and sat at the railroad crossing for 15 minutes and there was no train; he could see traffic going across Barefoot Bay Boulevard; and there were two vehicles behind him, one from Florida Power & Light Company and the
PUBLIC HEARING, RE: ORDINANCE CREATING SECTION 106-6, EMERGENCY
SERVICES LIMITED ACCESS ROADWAY OBSTRUCTIONS AT RAILROAD
CROSSINGS (CONTINUED)
other from BellSouth. He stated there are 253 acres of strip mining behind Snug Harbor and no vegetation; and advised of problems with oxygen machines, the wall put up before Hurricane Wilma being blown down, sugar sand piled up, breathing garbage, the company going bankrupt, land for sale, cost increase for the development, dirt on his porch, and trains holding up traffic until they get out of town.
Chair Voltz stated she was there after the hurricane and the fence did not hold up; she does not know how Code Enforcement or the Building Department allowed that to happen; the development is called Savannahs on
; and inquired if staff could find out what it is.She stated Mr. Rothstein is right about the train, but the other is a separate health issue.
Mike Cunningham of Micco thanked Mr. Knox and his staff; stated two and a half years ago he brought the ordinance back from Broward County, and knew at that time it was going to be a problem; it is not their intention to impinge upon interstate commerce; and their primary concern is safety, and protection of life, property, health, and welfare of the citizens. He stated the community has almost 20,000 people and is bisected by the railroad tracks; unfortunately, their public safety facilities are located on one side of the tracks; and they had trains blocking the four main intersections at one time. He stated
is involved in it; he was on at 2:00 a.m., someone else was between and witha walkie-talkie, and all three were blocked; and with ten more cars, all four would have been blocked.He stated it does not make a difference right now with Senne Road because there is nobody living there, but there will be; to get out of what was Crystal Bay, they have only one way; there were times people were stuck at railroad crossings for up to 40 minutes; and they are unfortunate because they live in an area where FEC has a holding site and double tracks with two trains passing each other at two miles an hour with 150 cars on each train.Mr. Cunningham stated their main concern is health, safety, and protection of life and property; they are not asking for a fire station or Sheriff’s precinct east of the tracks or for FEC to build a facility like that; all they need is emphasis on the safety of the community; and trains blocking crossings have been a problem.He advised of an incident where a man and his children got fed up waiting at the Micco Road crossing, went around the gates, and met a train; the children were ejected; the fire station less than three blocks to the north could not get to the scene where the children were and had to go around to Fleming Grant Road, to Holly Street, which luckily was not blocked, then to U.S. 1; and fortunately they all survived.Mr. Cunningham stated they would like to cut down the incidents in their favor; if the Board can do something with the proposed ordinance, it should get it done and work with FEC, which indicated it will work with the County; and the Board should give it a chance, but take care of its citizens first.
Paul Barker of Micco stated his concern is the Holly Street crossing not being included in the ordinance; all the trains that have stopped him at Holly Street crossing were headed north; and if the three crossings north of Holly Street cannot be blocked, then Holly Street will be blocked even more. He stated Fire Rescue vehicles leave Barefoot Bay, go down U.S. 1, come to Holly Street, and if they cannot cross, go back to Micco Road and Fleming Grant Road, and come around to the west side of Holly Street, which takes an extra 18 minutes; and when they leave if
PUBLIC HEARING, RE: ORDINANCE CREATING SECTION 106-6, EMERGENCY
SERVICES LIMITED ACCESS ROADWAY OBSTRUCTIONS AT RAILROAD
CROSSINGS (CONTINUED)
the exit is still closed, it takes another 12 minutes to get back to U.S. 1; so it would be 30-minute delay . He stated minutes and seconds are important with emergency vehicles; and he would like to see
crossing included in the ordinance.
Chair Voltz advised she distributed some information on
from Wally Kramer asking it be added; and referred it to the County Attorney to see if that can be done.Assistant County Attorney Terri Jones stated she will give the Board the background of where they are.Mr. Barker stated if one crossing has to be left out, he would prefer it be .
Ms. Jones stated the federal government regulates most railroad activities; it only gives local governments a small loophole to regulate; it has to do with local safety hazards; governments cannot block or interfere with interstate commerce; and the federal government is not actively regulating that activity, but regulates speed of trains and length of trains. She stated the Board cannot control those; the only thing it can control is a parked train in the railroad crossing; the case law she has seen is not very good for local government, but there was one case on access where the Board can regulate that if it is a local safety hazard. She stated as far as adding another street, that is the Board’s determination whether
is a local safety hazard; it has to be unique up and down the line; and Barefoot Bay obviously is unique as it is a large mobile home community with an elderly population.
Chair Voltz inquired should the Board decide there are four streets in question; if it decides on three streets and finds there is a problem, can it go back and add a street; and does it have to do a full public hearing to do that. She stated while there is only one access on
right now and there are no people there right now, they do not know how long it will take for that area to be developed.
Ms. Jones stated the ordinance is designed for the future because it is designed to add streets or take away streets; but the Board has to go through an ordinance change to add or subtract streets; and that requires a public hearing. She stated she does not see a problem adding Holly Street if the Board finds that is also a unique situation like Barefoot Bay; if FEC wants to fight the County, it is going to be fighting on all four fronts; but if it starts adding more streets, the likelihood is going to be less; so three or four streets is not going to make much of a difference, but adding more and more up and down the line could lose the uniqueness of the area.
Fire Rescue Director Chief William Farmer stated he views the South Brevard area and some parts of North Brevard as very unique in and of themselves because access is so limited; and the Holly Street issue is fairly simple because if FEC has to be careful of what intersections it blocks, it is going to back the trains up. He stated they did a six-month review of delays and had 18 delays; 50% were what they would call critical, highly traumatized, stroke, and cardiac arrest patients; the average delay was four minutes, but they had several that were critical; and a heart attack patient’s delay was almost seven minutes. He stated the American Heart Association says that for every ten minutes there is delay of ALS or taking care of the heart condition, there is 10% reduction in that person surviving the event; so if there is a six-minute
PUBLIC HEARING, RE: ORDINANCE CREATING SECTION 106-6, EMERGENCY
SERVICES LIMITED ACCESS ROADWAY OBSTRUCTIONS AT RAILROAD
CROSSINGS (CONTINUED)
delay getting to a doctor who could save the heart tissue, there is 60% chance of that person walking out of the hospital and back to his or her normal lifestyle. He stated it is closer to 20 minutes to go around to
to get to ; so that person may not survive.
Chair Voltz stated it is not just a matter of how quick they get to the hospital, it is what their quality of life is going to be; and inquired if a person has a stroke, and EMS gets that person to the hospital and saves his or her life, what kind of quality of life is that person going to have because EMS could not get the patient there a few minutes sooner. Mr. Farmer stated there is a chance they would not be able to do the things they did before their heart attack, so he has no problem arguing the fact that the area is unique on how the access is. He stated they have attempted other means to fix the issue; they tried to work with FEC hotlines so they can notify the County of stopped trains, but that did not work; so the Board needs to look at something stronger to show it is responsible to its citizens.
Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, creating Section 106.6 of the Brevard County Code regarding emergency services limited access roadway obstructions at railroad crossings; providing for definitions; providing for designation of certain roads to be emergency services limited access roadways; providing for prohibitions; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in the Code; and providing for an effective date, amended to include Holly Street.
Chair Voltz stated some people have asked how the County is going to enforce the Ordinance and what are the issues; with Ms. Jones responding enforcement is not going to be easy; there is a Code Enforcement process; part of her suggestion is for staff to work with Barefoot Bay Code Enforcement that will be there because if people called Code Enforcement in Viera, there is a likelihood the officers would not be able to get there in time. She stated a Barefoot Bay
Code Enforcement officer could be the point person to do affidavits to say the trains stopped; if FEC does not respond, she would suggested telling it the Board passed the Ordinance; it was notified the ordinance was coming up; and if it does not comply, staff can go the injunction route like any other Code Enforcement problem.
Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously. (See page
for Ordinance No. 06-12.)
Chair Voltz stated as long as the trains are moving, there is nothing the County can do, only if they are stopped on the tracks.
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC.
Bette Danse of
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
teamwork came into fruition in the form of the Recycling Citizens Advisory Committee; it was the Committee that requested the school system start up a limited recycling program; and now the students take what they learn home and more families are recycling. She stated thanks to the Committee, there are recycling containers in the government buildings and a green procurement policy for purchasing, which saves money; things have happened because of the Committee, yet the Board took no action on the committee’s recommendations on February 21; and thanked Vice Chair Amy Tidd for presenting the report. Ms. Danse stated most of the members of the Committee are hardworking people willing to spend time to help the Board, but the Board wants to do away with them and took no action; she is not going to be on the Committee any more; and she does not have a personal agenda other than wanting the best environment for the County. She stated Commissioner Pritchard is from
Steve Lengefeld of Titusville, SP Recycling Florida Material Manager, stated the company has been processing the material for the south end of the County for over 15 years and made substantial investments in building, equipment, personnel, subcontractors, etc.; there have been questions about recycling in the County; and since the landmark legislation was passed in 1988, many in the paper, can, and plastic industries have made enormous capital investments in order to manufacture products made from recovered materials to close the loop. He stated they have a 100% recycle content newsprint mill in Dublin, Georgia and spent hundreds of millions of dollars over the years that have made it possible to purchase over 300,000 tons of old newspapers a year out of the State of Florida alone; without the investment, it is very possible they might not even be here this morning to discuss this issue; and the benefits of collecting, processing, and manufacturing, which is recycling, cannot always be immediately measured by the pocketbooks. Mr. Lengefeld stated recycling aluminum is much more energy efficient than manufacturing from virgin materials; for every ton of old newspapers that is processed, 16 trees are left standing, a process that again saves an enormous amount of energy versus making paper out of virgin fiber; and that in turn will reduce greenhouse gas emissions, a subject that has gotten a lot of national attention recently. He stated those are two examples that have national as well as global implications that should not be discounted; if in two and a half years the County wants to look at doing things differently, his company and Progressive are committed to the residents of Brevard County and are more than willing to meet with the County officials to review potential alternatives to current programs, whether it be method of collection, types of materials collected, processing, marketing of materials, or who does the marketing. He encouraged the Board to continue recycling in the County.
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
Commissioner Carlson inquired if Mr. Lengefeld has contracts with cities as well; with Mr. Lengefeld responding they process recycled materials for Waste Management.
Maureen Parent of
Amy Tidd of Rockledge stated she enjoyed her time on the Recycling Committee; over three years they worked to look at the recycling program and many of their suggestions were implemented by the Board; and actually all of them save the County money. She stated one suggestion the Committee made on the concrete brings in over a million dollars a year and that was implemented because of the Committee’s suggestion; one of the other suggestions was the green procurement program; in buying energy efficient appliances they are going to save many dollars over the years; so the Committee’s recommendations have brought a lot to the County’s bottom line and cost nothing because they were all volunteers. Ms. Tidd stated recycling is supported by many citizens; a participation audit was done a few years ago talking about how many homes set out recycling bins; it ranged from 41% on Fridays to 65% on Mondays, depending on the area; and they went back and did it on a different week to give the Board a feel of how many people set out recycling bins, which is a significant amount. She stated when she started on the Committee, people who did not put out recycling bins had two trash cans to her one trash can; so recycled materials are taken to the dump whether or not they are recycled. She stated she supports curbside recycling; it saves landfill space; and they can do more to save more landfill space by recycling cardboard. She stated on September 18 the contract expires; there could be ways to improve the program; and requested the Board not take away the program because it is cost efficient, saves jobs and landfill space, and has an overall benefit to the environment. She stated the energy saved from one recycled aluminum can will operate a television set for three hours; Americans produce 154 million tons of garbage a year, enough to fill the New Orleans Superdome from top to bottom twice a day every day; 50% of the garbage is recyclable; so the Board can imagine if the County increases recycling by cost
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
efficient means what it can save in landfill space. She suggested the contract not be renegotiated at this time and be kept until its expiration, as the County lost money before by renegotiating the EEL’s contract. She noted it is a very important program.
Maureen Rupe of Port St. John urged the Board to keep the curbside pickup in the County’s recycling program after the contract ends in 2008. She stated Florida Department of Environmental Protection’s report titled Florida’s Recycling and Litter Programs, states, “Areas where recycling has been successful, residential curbside recycling, the fact that many counties did not achieve the goals does not mean the effort was futile. Instead it is clear that the current programs provided a major stimulus to the establishment of residential curbside recycling in
Craig Yodar, President of Progressive Recycling, stated if the Board has any questions for him, it has his number, and it should feel free to give him a call.
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
Jay Schenck of Rockledge, owner of Schenck Company, stated he is in the beverage business and always worried about the forced deposit bill of ten cents on a can of soda or beer because next it will be on a bottle of baby’s milk, soup, etc.; and the wisdom of curbside recycling eliminated forced deposit. He stated he had the privilege of serving on Keep Brevard Beautiful and watched it progress; they received notice a year ago they can recycle steel cans now; so at his house he has two bins because of the dog food and soup cans. He requested the Board give curbside recycling a chance; stated it does a lot of good; the children are more in tune to recycling; and it is an interesting process. He advised of his dad throwing a cellophane wrapper out of the car window and he asked him why he did that since they created a littering bill; so it is a matter of education. He stated it has an opportunity to work; he would hate to see a deposit bill; and the State let them go into recycling to avoid the deposit bill.
Michael Shafer of Merritt Island stated he is a chemical engineer by profession and worked with Brevard Recycling for the last two years; the bottom line in his view is that Brevard County is wasting the taxpayers money by recycling; if they run the tangible side of it, they can prove that because the returns at the counter, soda cans and so forth do not match the cost; and on a tangible basis, it is a loser. He stated there are other things like sewerage that have no return; the Board needs to think about the intangible side of it; someone brought up the number of trees saved; pulp and paper is his expertise; and that is why he volunteered for the Committee. He stated it has changed enormously in the 50 years he has been in the business; and at one time they had a lot more containers made out of paper than they have today because it has gone to plastic. He stated before it was glass bottles; there was a glass bottle plant in every major city in the ; but there are none in
Commissioner Pritchard thanked Mr. Shafer for the many informative conversations they had because he is accurate, on point, and right; and he appreciates that. He stated when he came into office, one thing he said was he was going to question everything; he pretty much has; he does not think he disappointed anyone by not really going after whatever it is that he finds at that moment; and some of the people may be surprised to find out he recycles and has been recycling since the early 1980’s when it started in Broward County. He stated they had blue and yellow containers with Southern Sanitation on them; but the question is giving the taxpayer the
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
most bang for his buck. He stated he happens to disagree with Jay Schenck on the deposit; a bottle bill would be good; ten cents on bottles is a great idea because he recalls when he was a kid it was two cents on a small bottle and five cents on a large bottle; and that is where he got his candy and comic book money; so the County could have little entrepreneurs. He stated the recycling industry is a business; it is subsidized by government, but so are cotton farming and other forms of agriculture; and it is expected to be subsidized because it does not pay for itself. He stated golf courses are losing $500,000 a year; and inquired how much is the County getting back on its parks. He stated there is a level of responsibility that most people take as individuals; and he still has more requests he is going to be making of the
George Geletko with Waste Management, advised there is a better way to do it with new technologies; Brevard County was one of the first counties to start recycling in the late 1980’s; they are still using the same method of collection and processing; but today most municipalities and governments are going to the one sort system where they have a MRF (Material Recovery Facility) available. He stated everything is put on a conveyor belt; the green glass shoots out one way, and clear glass and aluminum cans are separate; and with that system it is much more efficient and gives better customer service because they can collect more when the volumes build up during storms. He stated they can expand recycling into magazines and cardboard, paperboard, packaging, telephone books, etc.; and the reason for that is because they can put it into a packer truck that packs everything together. Mr. Geletko stated the trucks will collect more than what they are collecting now with the six sort system; what they have right now is six bins; and as soon as one of the bins fills up, they go to the MRF; so those trucks are carting material 70% full. He stated they did some test programs in
Commissioner Pritchard stated the one arm bandit is generally for trash, but could be for recyclables; they could have a yellow 40-gallon tub that the bandit could dump into the truck; they would have the separator to do that; and there has to be a way to do it that would improve the amount of product they can provide to recyclers and what the recyclers will pay additional for that the taxpayers do not have to pay. Mr. Geletko stated the savings is in the cost of collection because they could cut their fleet by about 40%, so there would be a savings in fossil fuel as well. Commissioner Pritchard stated the assumption is they could create a program that
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
is cost effective and provides less cost to the taxpayers, enhances recycling, and provide more product to the companies in the business, so everybody wins. Mr. Geletko stated a year ago they could not do that because they did not have a facility available; but today they have a facility in
Commissioner Carlson inquired if
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
Commissioner Carlson stated she lives in Melbourne and has three bins; and inquired how is that compared to the amount Waste Management would collect as far as poundage or whatever; with Mr. Geletko responding those are 14-gallon bins so Commissioner Carlson would have 42 gallons. Commissioner Carlson inquired if Mr. Geletko is talking about additional capacity and only collecting every other week; with Mr. Geletko responding exactly. Commissioner Carlson inquired if Mr. Geletko sees that coming out ahead and having more people recycling; with Mr. Geletko responding he can see those people putting those bins out every other week at about 100%. Chair Voltz stated her bins are not full when she puts them out. Mr. Geletko stated his situation is the same, and they put them out every three weeks.
Commissioner Colon stated it goes back to perception the Board is giving the community; she does not want the folks to think, when it is all said and done, that there is going to be a tremendous savings because that is not the case. She stated gas is going up; what they are trying to do is improve the service; but to try and tell the citizens there is going to be a big savings, that is not going to be the case. She stated she likes to be upfront with her bosses. She stated the most important part of this discussion is that it is important for the community to recycle and for the Board to send a clear message that they need to do more of it. She encouraged the collectors to make it easier for them to recycle to have that participation; stated she has seen the numbers of what other communities are paying; and she does not want to give false expectations to her bosses that the price is going down based on the numbers that other communities are paying.
Mr. Geletko stated when they did the performa in 2002 for the 2003 Contract, they looked at a ten-year period; back then fuel was $1.25 a gallon; and never once did he imagine he would be paying $3.00 a gallon for fuel in 2005. He stated the trucks burn four to five gallons per hour and are out there an average of ten hours a day; with storms they are out there 15 hours a day; and that is a good number to try and overcome. He stated the Contract with Brevard County has the minimal CPI over the last year, so it is at a very competitive level; in 2003 Brevard County collection program and pricing was in the lower 5% of the State; and since then, the price has not increased that much, so it is prudent for them to get more efficient and recycle as much as they can.
Commissioner Pritchard stated that is his point; if they continue the program as it is, the cost is going to increase; what Waste Management needs to do is a better level of service and make it more cost efficient; Mr. Geletko cannot compare what the County is paying today because gas is not $1.25 a gallon any more; and it is not going to be $1.25 a gallon if the program is continued. Chair Voltz stated curbside is important, but new technology needs to be looked at; and Mr. Geletko does that, so that is something the Board needs to consider. Commissioner Pritchard stated Dr. Bradford has a vision of the plasma furnace that has been implemented in other countries to see how it will work; technology is moving in that direction; they will literally be able to vaporize anything and produce hydrogen or methane or something from it; and that is the fuel of the future, but moving towards it is taking a while because it is extremely expensive. He stated people are not buying hybrid cars because of the cost; landfills will be gone because they will start burning what is in the landfills; and in 20 to 25 years it is going in that direction and Waste Management will be leading the charge.
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
Commissioner Carlson inquired if there is any county in the State that has an all inclusive contract with a trash hauler, which is all the cities and the county working together for an economy of scale situation to save money; with Mr. Geletko responding he cannot think of any at this time. Commissioner Carlson inquired if there is one in the
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize negotiations of additional extension of the Contracts with Waste Management, Inc. for the North and South franchise areas; and designate a negotiating committee comprised of the
Commissioner Scarborough stated he met with Mr. Geletko; he would like to get another clam truck in
Commissioner Colon stated it is the Board’s job to support another Commissioner so she supports Commissioner Scarborough; she feels confident Waste Management employees are people of their word; and asked Mr. Geletko to tell his employees how much she appreciates them. She stated what they do is extremely difficult especially when it is really hot; and she
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
appreciates the commitment and community support given by Waste Management. She stated it is not only about taking, it is giving back; Waste Management does a lot of that; and she wants to thank Mr. Geletko and his employees publicly.
Commissioner Pritchard stated he walked the walk and had the privilege of driving a garbage truck just to see what it was all about when the city went on strike and decided the Fire Department would be good to do it. He stated people took their trash and literally dumped it in front of the fire stations; they had to drive through it or move it out of the way; so he empathizes with the drivers. He stated debris like branches is supposed to be at curbside in front of the property and not on vacant lots even if the lot is owned by the homeowner next door because the drivers will not pick it up. He stated it cannot be in the back or under the power lines and has to be out front; but one thing Waste Management could improve is the route drivers’ notification to the office when they see a pile of debris that is too big for them to pick up, which he does not think they have been doing all the time; and requested Mr. Geletko follow up on that; with Mr. Geletko responding affirmatively. Mr. Geletko stated they are in the process of implementing an education program that will help with the process; and he and Commissioner Scarborough had conversations about that. Chair Voltz stated they talked about the same thing and how education is vitally important to citizens because when she has gotten complaints, she asked if it was a mixed pile; and they were unaware of that.
Commissioner Carlson inquired if it includes the recyclers and County staff to get the word out on recycling and get more bang for marketing. She stated it is difficult to get it out there and in the schools and anywhere else it needs to go.
Chair Voltz advised the motion includes the caveat that Commissioner Scarborough suggested; and called for a vote on the motion. Motion carried and ordered unanimously.
Craig Yodar of Progressive Recycling stated he has concerns that they have a recycling infrastructure set up in the County and the two processors in the last three years have put about $2 million in capital expenditures in Brevard County; so the discussion that is going to come up on recycling should include the processors. Chair Voltz stated she agrees that they should be part of the process. Commissioner Carlson stated that goes without saying because methods are going to change to save money and the recyclers will have to deal with that as well.
The meeting recessed at 2:51 p.m., and reconvened at 2:57 p.m.
DISCUSSION, RE: APPOINTMENTS TO
JOHN DEPENDENT SPECIAL
DISTRICT BOARD CONSISTENT WITH ORDINANCE NO. 01-04
Commissioner Scarborough stated the Supervisor of Elections brought the appointments to the Port St. John Dependent Special District Board to his attention; they have elections and the
DISCUSSION, RE: APPOINTMENTS TO
JOHN DEPENDENT SPECIAL
DISTRICT BOARD CONSISTENT WITH ORDINANCE NO. 01-04 (CONTINUED)
Board fills the vacancies if they are not elected; but when it does the appointments, it does not designate which people are going to serve two years or four years. He stated in speaking with County Manager Peggy Busacca, he feels rather than the Board getting involved in personalities and having everybody come up, it should take a cup and put two years and four years on pieces of papers and let the board members draw; and that way they would basically be making the decision themselves. He stated he would welcome any other ideas if somebody has a better way to do it.
Chair Voltz stated the Supervisor of Elections said, “considering the difficulty we have had in getting candidates to qualify for these seats, and the frequent need for Commissioners to appoint board members, we would recommend consideration as to whether or not there is justification for the Port St. John Governing Board to continue to exist as an elected board.”
Commissioner Scarborough stated the Board promised the board that it would have a straw ballot in Port St. John as to that issue come November. He stated nobody is here today and he would hate to add an additional issue to the agenda when they were not advised of it. Chair Voltz stated it was part of the Agenda item; and it has always been her contention. Commissioner Scarborough stated the Board can decide to go in that direction if it wants to, but right now he would prefer to answer the question as to the terms and bring something back because the Board did promise something to the members. He stated the Board will discuss fully with everybody the straw ballot structure for the fall.
Commissioner Pritchard stated this issue has come up a couple of times; if the straw vote is very supporting of maintaining an elected board, then he would hope those who vote in favor of it would consider becoming elected board members so that they do not have to go through this drill every couple of years when there are not enough applicants to fill the seats. Chair Voltz stated she does not know how the Board would get around that; and inquired if they vote in favor of it and the Board still does not have any board members, then what does it do. She stated that is something that needs to be addressed.
Commissioner Scarborough stated he did not realize it when the Board did it that when they run for office there are a lot more requirements; they have to do a financial disclosure; a lot of people do not realize that as an elected official all their financial affairs are public records; people get to know any other sources of income, assets they own, etc.; and somebody who is serving on a board that may hear a half dozen zoning requests a year would reconsider running for election. He stated in making it an elected board, the Board made it a great deal more difficult for people to say it is worth the effort; he has heard of people walking into the Supervisor of Elections Office wanting to qualify and after they are told what they need to do to qualify for office, decide not to run; and there is also a group that has gone through the effort of being elected and feel they have gone through it and have certain rights to continue on. He stated then there is the failure of the system as a whole, so that will come back at a later time if it is okay with the Board. He stated his motion will be to allow the board members to draw their term limits when they have their next meeting.
DISCUSSION, RE: APPOINTMENTS TO
JOHN DEPENDENT SPECIAL
DISTRICT BOARD CONSISTENT WITH ORDINANCE NO. 01-04 (CONTINUED)
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to allow members of the Port St. John Dependent Special District Board to draw for term limits at its next meeting. Motion carried and ordered unanimously.
Commissioner Pritchard stated because of the requirements of elected office, even though those folks do not need to fill out the significant financial disclosures as Commissioners do, they still have to fill out a financial disclosure; he heard of one of the appointed officials who became appointed by the Governor after selection by the Board had omitted a social security income on his financial disclosure; and now he is going through all kinds of hassles with the Ethics Commission. He stated people who hear about that say they do not want to be part of it; and there are a lot of other people who would like to be involved with government who say they are not going to disclose what their financial assets are. He stated the board might be able to get better people if it was an appointed and not elected board.
Commissioner Scarborough stated that may be what the Board will see, but right now he has to deal with certain members who did jump through the hoops, spent the money, campaigned, and ran for election; and the Board has an obligation not to abandon them. He stated there is possibly a way to shift them over automatically to appointed, but that is what the Board has to deal with next.
APPROVAL OF SETTLEMENT AGREEMENT, RE: VERO-PITTSBURGH PARTNERS,
LLC v.
Commissioner Scarborough recommended the Board not approve the settlement agreement; advised there is potential for the issue being resolved; and the Board cannot take action dealing with zoning at this meeting, but it could allow re-advertising without the waiting period.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to waive the six-months waiting period for Vero-Pittsburgh Partners, LLC to return with a revised proposal for rezoning in response to the recent denial of its application to rezone property leased to Sherwood Forest Golf Club to high-density residential use; and authorize advertising a public hearing to consider the rezoning. Motion carried and ordered unanimously.
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
Jade Batchelor, landowner at 6705 Outback Road in Section 20 of West Canaveral Groves stated he talked to Commissioner Scarborough and Commissioner Carlson and thanked them for meeting with him; advised he is not here just about a building permit for a new home on his property, but for many of the citizens in Section 20 of West Canaveral Groves who feel the Ordinance for granting building permits is old and not changing with the times; and there needs
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
to be some revision to the Ordinance that is on the books. He stated the Ordinance requires Quitclaim Deeds for rights-of-way; they are not getting done in Section 20 of West Canaveral Groves; therefore, the growth and development has been stagnant for a number of years. He stated he got eight Quitclaim Deeds, but had to do certified letters to landowners between his property and the County road of Satellite Boulevard; that all got done because he was proactive; but the County does not have a good system in place to notify landowners about the quitclaim deeds that are required for getting building permits or educate them about the deeds. He stated many landowners do not know that the quitclaim deeds are required to get building permits, roads, and utility improvements; and after meeting with Susan Wellen of the Land Acquisition Office and discussing and observing her Section 20 map, he realized many landowners have not done quitclaim deeds for their lots because they were not notified, they were new landowners who bought land from previous landowners that were trying to get rid of them, or they were not educated about the deeds for rights-of-way. He stated ignorance brings fear and fear causes nothing to happen; in a few cases, people refused to sign the deeds because they do not want the County inconveniencing their lifestyle; those folks have been a little bit selfish by preventing new landowners from getting permits; therefore, he is requesting another County solution for the quitclaim deeds for rights-of-way that is not getting done for Section 20. Mr. Batchelor stated one solution is an MSBU proposal for Section 20 of West Canaveral Groves to be pushed through and passed as soon as possible; therefore, he is requesting the MSBU ordinance be in place for Section 20 because (1) landowners like himself are being singled out to pay for a huge stretch of roadway construction according to County specifications for land development before being given a building permit by the Building Department; (2) many landowners are sitting on their land and unable to do anything with it because they are unable to get building permits; (3) certain landowners who have been living there for years are being stubborn and refusing to sign anything from the County, which has a major impact on new landowners who are sharing the same roadway; and it impedes roadway improvements and stops neighbors from getting building permits to improve their land. He stated the Ordinance causes major problems for new landowners trying to get permits to build on their land; the Ordinance has a double standard when it comes to pulling permits; and it has a grandfather clause that if they had an RV or trailer on a piece of land between 1995 and 2002, they can pull permits. Mr. Batchelor stated his neighbor at
got his permit to build in 2004, was not responsible for the road, and claimed it was grandfathered; and if the clause is in the Ordinance, it is prejudiced towards new landowners.He stated another landowner at 6839 Terrilee Road built his home without a permit, got caught in 2005, and the County fined him for no permit; and the man paid the find and lives 500 feet off the County Road but is not responsible for constructing Terrilee Road to the County road.He stated Mr. Ed Lyon told him he is responsible for construction of according to County specs just for a new home permit; and he feels it is a little bit wrong for the Ordinance to say he is responsible for the road when there are 21 landowners on the road and five have homes on their properties.He stated the road is being used every day by five landowners; and inquired why Building Code singled him out for the cost of constructing .He stated what has not happened for a couple of years is the MSBU system was not set up; and requested the Ordinance be revised to put a fair system in place for issuing building permits in Section 20 of West Canaveral Groves.He stated if the County requires ’s construction in order for him to get a
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
building permit, that is fine; and he is willing to improve the road, but not to County specs because the cost of 1,200 feet is going to be about $65,000. He stated he has his loan with Harbor Federal that covers the home, driveway, and landscaping, but not 1,200 feet of roadway; he will be happy to improve the road, but not to County specs; and suggested an MSBU dirt road ordinance be passed for Section 20 so the landowners will be able to get building permits and proceed to improve their land for growth and development of the area. He stated Palm Bay has homes being constructed every day under a dirt road Ordinance, which creates tax revenue; many landowners want building permits in Section 20 but the Ordinance is stopping them from building; there have been tremendous complaints from landowners who are unable to get permits for their land in Section 20; and the current Ordinance is stopping West Canaveral Groves from growing and bringing in tax revenue for the County. He stated for months he has been requesting a building permit to build a home at 6705 Outback Road; he has the Quitclaim Deeds for the rights-of-way, a bank loan, and Notice of Commencement; he spent $4,000 in preparation for the new home; and he is now ready to build but the Ordinance is stopping him.
Commissioner Scarborough stated he spoke with Mr. Batchelor; he has done his homework and has the Quitclaim Deeds; the Board has already voted to have staff work on a dirt road ordinance; and Road and Bridge Director Billy Osborne said he would have something back to the Board. Mr. Osborne stated all the staff involved in putting the ordinance together will meet on March 13, 2006; and he hopes within 30 days from then they will have it back to the Board. Commissioner Scarborough stated he met with staff and there are some issues the Board will have to make some decisions on because they are walking new ground; Mr. Batchelor has faced the problem of having to construct the road for all his neighbors in order to go forward with building his home; and that is fundamentally unfair. He stated the Board is considering using the MSBU system for dirt roads; there are unusual things that will be discussed; and as they get into it, Mr. Batchelor should be allowed to review the ordinance. Mr. Batchelor stated he is glad to hear that.
Commissioner Carlson stated even though the Board is looking at a dirt road MSBU, it does not mean Mr. Batchelor can get all the folks who gave him Quitclaim Deeds to agree to pay for their portion. Mr. Batchelor stated they will be happy to do a dirt road MSBU, but asphalt is a big chunk of change and there might be some reservation.
Commissioner Scarborough stated there is a lot more to it than the Board understands; a person like Mr. Batchelor is not going to put up $65,000 to do the whole road; and inquired how many landowners would be involved in the MSBU; with Mr. Batchelor responding eight. Commissioner Scarborough stated if they divide by eight then divide by ten, which is the number of years to pay it off, it lowers the numbers to about less than $1,000 a year to pull a permit; and having a lot that one can pull a permit on is worth at least $1,000. He stated it is something that would be fair to everybody and is going to work for the County because it will have roads it can maintain; that is important because of fire and
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
Commissioner Pritchard stated a couple of years ago the issue of Canaveral Groves off Satellite Boulevard came up; Commissioner Colon described the neighborhood; he has spent time out there; and what he found is a lot of the folks are managing growth by denying other property owners the ability to get building permits because their properties go to the middle of the road, which is more or less an easement. He inquired if that is correct; with Permitting and Enforcement Director Ed Lyon responding the majority of them are more or less ingress/egress easements and the people own to the middle of the easements. Commissioner Pritchard inquired what is the rule of thumb, and can they do three or four homes before it trips the requirement for improving the road; with Mr. Lyon responding the County requires the right-of-way to be deeded over; and the unpaved road Ordinance is the only means for development. Commissioner Pritchard stated as he recalls, the first three homes can get building permits; with Commissioner Scarborough responding not in this particular case as there is no right-of-way. Commissioner Pritchard stated a fellow brought it to the Board’s attention a couple of yeas ago that the first three homes were able to get building permits and did not fall in the two-week window made available in the mid-1980’s. Ms. Busacca stated some people do get easements from their neighbors for access to their properties. Commissioner Pritchard stated because some of those easements are only agreed to by some neighbors to other neighbors, it excludes others who have property and cannot build; and inquired if there is something that can be done similar to the MSBU dirt road ordinance to provide an easement or whatever might be necessary so those who have properties on the roads can get building permits. Commissioner Scarborough stated the County wrote to a lot of people in West Canaveral Groves and asked for those rights, but that did not happen; but the County could go into condemnation proceedings for those roads, which would be the practical way to do it en masse. County Attorney Scott Knox stated it would be practical for the Board.
Ms. Busacca stated there is another issue involved; the St. Johns River Water Management District has told the County if it puts roads in that area, it will open it up for development and have significant impacts on wetlands; therefore, the County would be required to do wetland mitigation. She stated several years ago staff estimated the cost of that to be several million dollars; and they were looking at a significant amount of money per individual just for mitigation.
Commissioner Carlson inquired as people develop individually, how does the County look at environmental effects, and does it have to look at the entire area to do mitigation fees; with Ms. Busacca responding the County is being required to look at the entire area; individuals have come in for the roads and St. Johns River Water Management District looked at them differently; the St. Johns River Water Management District may have made a different determination recently; but several years ago it was really cost prohibitive. Commissioner Carlson inquired if the Board could get a report on that from the District. She stated it can go through the MSBU ordinance process, but come back with a report from the District. Chair Voltz stated the Board does not need another report.
Commissioner Scarborough stated the dirt road MSBU ordinance should not be separate for West Canaveral Groves; north of
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
the Districts because it makes sense; and the Board can get into the issue of mitigation by the particular application. He stated Mr. Batchelor’s issue is not something massive that is going to trigger a whole lot of things as Ms. Busacca stated. Ms. Busacca stated her concern was if the Board is going forward with condemnation, that it understands the implications of that; and she was not referring to Mr. Batchelor’s case. Commissioner Pritchard inquired if the St. Johns River Water Management District still holds the same position on that; with Ms. Busacca responding she will have staff find out, but it would not surprise her. Mr. Knox stated if the Board is thinking about going with condemnation, it will have to sit as a group and figure out what it is that it would be doing. Commissioner Scarborough stated he used that as an example of another way of resolving the issue rather than having Mr. Batchelor get Quitclaim Deeds; and Mr. Knox would have to talk to the Board about it before they get into that. Mr. Knox stated there are some things the Board needs to sit down and think about. Commissioner Scarborough thanked Mr. Batchelor for being a test case in West Canaveral Groves; and noted the County will work closely with him.
APPROVAL OF GRANT APPLICATION, RE:
MANAGEMENT RESPONSE TEAM SUBGRANT FOR FY 2006
Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve submittal of a subgrant application for Community Emergency Response Team funding of $10,000; and authorize the
REPORT, RE: FISHING PIERS ON MAX BREWER CAUSEWAY
Transportation Engineering Director John Denninghoff advised Florida Department of Transportation is in the process of attempting to design and permit plans for fishing piers on the Max Brewer Causeway in Titusville; the question has come up as to who would be the applicant for the permits; the intent is that Brevard County would maintain the piers once they are constructed; currently it maintains the bridge, which it will be relieved of when the high-rise bridge is constructed to replace it; and that is expected to occur over a period of three to five years. He stated the problem is they have to get the permit application underway as the maintenance authority; the County is being relieved of the bridge but will have the recreational facility; the bridge is currently being used by the public for fishing and shrimping, and the piers would replace that; so it is not a new responsibility per se, and is actually replacing an existing responsibility. He stated staff needs authorization to act as the applicant; and it should be the maintenance authority, which he believes would be the Parks and Recreation Department.
REPORT, RE: FISHING PIERS ON MAX BREWER CAUSEWAY (CONTINUED)
Commissioner Scarborough stated a new bridge is being built; it will have fishing areas adjacent to it; the County is in the process of getting FEMA funds to repair the existing fishing pier; and inquired what is staff asking the County to do; with Mr. Denninghoff responding he is requesting the Board authorize staff to act as the applicant.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve maintenance of two piers at Max Brewer Causeway bridge; and authorize the Parks and Recreation Department to act as applicant for the permits to construct two piers that are in the process of being designed and permitted by the Florida Department of Transportation. Motion carried and ordered unanimously.
REPORT, RE: ILLEGAL EXPANSION OF
Commissioner Carlson stated there is a piece of property between Parkway Drive and Lake Washington Road off Stewart Road that is currently developing in the City of Melbourne; there is a cement plant on U.S. 1 that was illegally expanded; and several constituents in Monaco Estates, which is a development right next to the one that is under development, complained of dust and everything else. She stated the cement plant built a very tall wall to try and prevent the dust from going into the development, but they are still getting the dust; and the expansion exacerbated the problem. She stated with the development of townhomes, they will have additional problems because that issue has not been settled; and she wants an environmental status report on that.
County Manager Peggy Busacca inquired if Commissioner Carlson wants an environmental status report and not a report on the illegal expansion; with Commissioner Carlson responding she wants to find out what the status is on the cement plant as far as where the City, which she understands is handling it is on that, so she can go back to her constituents and tell them what is going on. She stated she also wants the environmental part of whatever was understood as far as environmental issues on the property and the taking of scrub jays, gopher tortoises, etc. because the people are asking those questions as there were
several species on the property. She stated she wants a report on those two issues, the cement plant and the environmental permits that were given to that property.
REPORT, RE: CHANGES TO STATUTE GOVERNING WILDLIFE OWNERSHIP
Commissioner Carlson stated FAC sent an email that talked about the Legislature changing the language or putting in a couple of sentences in the existing Statute that governs wildlife ownership; the Board had issues where wildlife were let out into the environment and caused havoc with endemic species; it has an Ordinance that covers wildlife ownership; and she wants to see what the implications to the existing Ordinance might be. She stated all they do with the legislation is give governments the opportunity to expand how they regulate wildlife ownership in the County or in the cities.
REPORT, RE: CHANGES TO STATUTE GOVERNING WILDLIFE OWNERSHIP
(CONTINUED)
County Manager Peggy Busacca advised Animal Services and Enforcement Director Craig Engelson and Planning and Zoning Director Robin Sobrino are looking at that; Mr. Engelson agrees it would be a fine idea to have the ability to regulate those on the local level and would, upon the passing of the legislation, coordinate with Ms. Sobrino to begin drafting of an ordinance. Commissioner Carlson inquired if the Board will see that after the Legislative Session, if it passes; with Ms. Busacca responding yes.
WARRANT LISTS
Upon motion and vote, the meeting adjourned at 3:33 p.m.
ATTEST: __________________________________
HELEN VOLTZ, CHAIR
BOARD OF
___________________
SCOTT ELLIS, CLERK
(S E A L)
MINUTES OF THE MEETING OF THE BOARD OF
March 7, 2006 The Board of County Commissioners of
The Invocation was given by Dr. Larry Lamb of
Commissioner Truman Scarborough led the assembly in the Pledge of Allegiance. APPROVAL OF RESTORATION PLAN, RE: SURFACE WATER VIOLATION AT
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the restoration plan to resolve the Surface Water Ordinance violation on property located at
APPROVAL OF RESTORATION PLAN, RE: SURFACE WATER VIOLATION AT
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the restoration plan to resolve the Surface Water Ordinance violation on property located at
CORRECTION OF SCRIVENER’S ERROR, RE: CHAPTER 62, ARTICLE XII, SECTION
62-4213(a)(6), COASTAL SETBACK AND CONTROL LINES
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to authorize correction of scrivener’s error in Chapter 62, Article XII, Section 62-4213(a)(6), to read “All minor structures have a minimum ten-foot setback from the crest of dune and a maximum of 100 square feet each” instead of, “shall not be closer than fifteen feet to the crest of the dune.” Motion carried and ordered unanimously. FINAL PLAT APPROVAL, RE:
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant final plat approval for
APPROVAL OF EASEMENT AND FRONTAGE LOTS, AND WAIVER TO UTILIZE
EASEMENT LOTS, RE: ACCESS TO Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve creation of eight easement lots and eight frontage lots in Isle of Merritt Estates accessing Chase Hammock Road, contingent upon the Natural Resources Management Office requirement to correct outstanding violations relating to un-permitted wetland impacts; and approve waiver to utilize easement lots rather than flag stem lots consistent with discussion at the October 7, 2004 Zoning hearing. Motion carried and ordered unanimously. EASEMENT AGREEMENT WITH SCHMINKMAN, INC., RE: ED’S SHED
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Easement Agreement with Schminkman, Inc. to allow a portion of the parking area turnaround for Ed’s Shed to be constructed within a drainage and utility easement. Motion carried and ordered unanimously. (See page for Agreement.) RIGHT-OF-WAY USE AGREEMENT WITH THE VIERA COMPANY, RE: LANDSCAPING
WITHIN Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Right-of-way Use Agreement with The Viera Company for installation and maintenance of landscaping and irrigation within the public right-of-way of TASK ORDER NO. 97-46 WITH NEEL-SCHAFFER, INC., RE: CLASS III OPERATING
PERMIT RENEWAL FOR SARNO ROAD LANDFILL Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Task Order No. 97-46 with Neel-Schaffer, Inc. for preparation of the permit application for renewal of the Class III Operating Permit for Sarno Road Landfill. Motion carried and ordered unanimously. (See page for Task Order No. 97-46.) ADDENDUM TO INTERLOCAL AGREEMENT WITH CITY OF Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Addendum to Interlocal Agreement with City of PERMISSION TO ADVERTISE REQUEST FOR PROPOSALS, APPOINT SELECTION
AND NEGOTIATING COMMITTEES, AND EXECUTE AGREEMENT, RE: CONSULTANT
SERVICES PROJECTS
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to grant permission to advertise request for proposals for consultant design services for Hollywood Boulevard widening project, from US 192 to Palm Bay Road including intersection improvements at Henry Avenue and Fell Avenue; and the Babcock Street widening project, from County Line to Malabar Road; appoint Ed Washburn, Dick Thompson, and John Denninghoff or their designees to the Selection Committee; appoint Peggy Busacca, Scott Knox, and John Denninghoff or their designees to the Negotiating Committee; and authorize the Chair to execute Agreements with the selected firms. Motion carried and ordered unanimously. RESOLUTION AND GRANT AGREEMENT WITH FLORIDA DEPARTMENT OF
TRANSPORTATION, RE: PINEDA CAUSEWAY WIDENING AND EXTENSION
FROM Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution and execute County Incentive Grant Program Agreement with Florida Department of Transportation for partial reimbursement of construction funding for the Pineda Causeway Widening and Extension Project, from CHANGE ORDER NO. 1 WITH C&D CONSTRUCTION, INC., RE: SPESSARD CLUBHOUSE REPAIRS Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve Change Order No. 1 with C&D Construction, Inc. for Spessard Holland Clubhouse Repairs, increasing Contract price by $196,019 to bring the building into compliance with current Building Codes and repair hidden damage from Hurricanes Frances and Jeanne. Motion carried and ordered unanimously. (See page for Change Order No. 1.) PURCHASE OF SERVICE AGREEMENT WITH COMMUNITY SERVICES COUNCIL,
RE: SCAT SERVICES FOR SENIORS AT LUNCH PROGRAM Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Purchase of Service Agreement with Community Services Council for Space Coast Area Transit (SCAT) to provide transportation services for the Seniors at Lunch Program. Motion carried and ordered unanimously. (See page for Agreement.) RESOLUTION, RE: APPROVING CONFIDENTIAL PROJECT (O5-06) 1-2-9-E
AS A QUALIFIED TARGETED INDUSTRY BUSINESS Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution approving Confidential Project (05-06) 1-2-9-E as a Qualified Targeted Industry and requesting the State waive the local match requirement in lieu of the County’s tax exemption. Motion carried and ordered unanimously. (See page for Resolution No. 06-051.) APPROVAL, RE: ALTERED AND ADDED PRECINCT LEGAL DESCRIPTIONS
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve altered and added Precinct legal descriptions for the Cities of Cocoa, LETTER SUPPORTING GRANT APPLICATION, RE: 2006 SMALL COMMUNITY AIR
SERVICE DEVELOPMENT PROGRAM Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve a letter of support for a grant application to the U.S. Department of Transportation for the 2006 Small Community Air Service Development Program, as requested by
APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to appoint and/or reappoint Izeal Battle, Leartis Brothers, Pastor M. Chatman, Jimmy Jackson, and Betty Wells to Cocoa West Community Center Advisory Committee, with terms expiring December 31, 2006. Motion carried and ordered unanimously. APPROVAL, RE: BILLS AND BUDGET CHANGES Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve the bills and budget changes as submitted. Motion carried and ordered unanimously. (See pages for List of Bills and Budget Change Requests.) REPORT, RE: AGENDA ITEM VIII.C.3., BONDING FOR REFERENDUM PARKS AND
RECREATION PROJECT S County Manager Peggy Busacca advised staff would like to pull off the Agenda, Item VIII.C.3., Resolutions Authorizing Issuance of Sales Tax Revenue Bonds, Series 2006A, 2006B, and 2006C, North, Central, and South Brevard County Parks and Recreation Projects, and will reschedule it for the next meeting. REPORT, RE: EXECUTIVE SESSION FOR TILLMAN/LENNEAR CASE County Attorney Scott Knox requested permission to advertise and schedule an executive session to discuss the Tillman/Lennear case. Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize the
REPORT, RE: STAND-DOWN EVENT FOR VETERANS Commissioner Scarborough advised Mr. Ramos, Stand Down Coordinator, is here to make comments regarding assistance he has received for the Stand Down event. Isaac Ramos expressed appreciation to Glenn McGuffie, Veterans Service Officer for
Commissioner Scarborough requested Mr. McGuffie explain the Stand-Down procedures so everyone can understand the significance because it is an important thing in the community. Veterans Service Officer Glenn McGuffie advised stand down is the work taken from the battlefield where the troops had been out front and under stress of combat for too long and had to stand down and go to the rear areas to get relief and help; it is a tradition that has carried over to help the homeless veterans, brothers, sisters, and families; and they participate in every way they can to help organize the events and show up on the scene to provide direct assistance to veterans to get claims started when they are eligible for earned benefits. He stated last year they found a $5,000 grant and it looks like they will get it again this year; they gather clothes, provide medical and dental care, direct assistance from other agencies, and give them kits and backpacks. He stated they tried to get tents also. He stated it is a proactive thing to help the homeless veterans get back into the system and enjoy a better lifestyle; and thanked the guys who do all the leg work. Mr. Ramos again expressed appreciation to Mr. McGuffie for the grant; and Commissioner Scarborough stated it is nice to have a County employee thanked publicly for a wonderful job; and it is representative of a lot of people who work for the County with wonderful people in the community to help the less fortunate, homeless, and needy veterans. Mr. McGuffie stated Judy Syber does the lion’s share of the work. REPORT, RE: PURCHASE OF
Commissioner Scarborough stated the County recently proceeded with a contract to purchase property behind
Commissioner Pritchard stated it is a great idea and gives a small-town atmosphere for those who need assisted living care. REPORT, RE: APPOINTMENT TO MERRITT ISLAND/BEACHES SERVICE SECTOR
ADVISORY BOARD Commissioner Pritchard requested approval to appoint Liz Allen to the Merritt Island/Beaches Service Sector Advisory Board. Motion by Commissioner Pritchard, seconded by Commissioner Colon, to appoint Liz Allen to serve on the Merritt Island/Beaches Service Sector Advisory Board, with term expiring December 31, 2006. Motion carried and ordered unanimously. REPORT, RE: BRUSH FIRES Commissioner Pritchard stated Brevard County is having a situation with weather and fires; he wants to bring to everyone’s attention that the relatively low humidity and high winds are recipes for making brush fires; and those who were here several years ago remember when a lot of the western side of Brevard County was in flames, and even 20 miles away burning debris was falling on houses in Merritt Island. He requested folks be extremely careful and not discard cigarettes in the brush or try to burn things as conditions are right for brush fires. REPORT, RE: CODE VIOLATIONS ON MR. BEALL’S PROPERTY IN Commissioner Pritchard advised Mr. Beall owns homesteaded property near REPORT, RE: CODE VIOLATIONS ON MR. BEALL’S PROPERTY IN (CONTINUED) Wolfinger’s office successfully prosecuted a man for storing junk on his property. Commissioner Pritchard suggested the Board request Mr. Wolfinger to assist in this matter and see where they can push it to achieve resolution because it sets a bad precedent when the County is viewed as a paper tiger. Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to request assistance from State Attorney Norm Wolfinger to resolve the issues of Code violations on property owned by Mr. Beall near REPORT, RE: USE OF LESS PAVEMENT Commissioner Carlson advised a constituent asked her a question; the Board has addressed the issue; inquired, given it has few funds for transportation improvements, is it feasible to use less pavement on roads with low traffic counts. She stated the constituent had a 22-foot wide road that was recently paved with only five people living off that road; within the neighborhood they have 16-foot roads that were paved; and they are curious if there is a way to reduce the amount of pavement that the County has to put down. She requested a report from staff. REPORT, RE: EMPLOYEE RECOGNITION Commissioner Carlson read a letter from Palm Shores Mayor McCormick commending Bob Graham of Traffic Operations. REPORT, RE: SAMPLE OF THE ARTS – BREVARD
The Executive Director of Brevard Museum of Art and Science provided an update of what is going on at the Museum and the progress they have made with new exhibits as well as the status of the science center; and invited everyone to stop in and see their exhibits. REPORT, RE: VISIONING Commissioner Colon stated a lot of folks are going to be out-of-town on May 19, 2006, so they have to reschedule the summit, where they want to talk about visioning; and on the same day there is going to be an important regional meeting because MyRegion is also trying to discuss visioning, and she wants to be at that meeting. She stated visioning is to see how the County is going to look 15 to 20 years from now; and municipalities in Brevard County, as well as Brevard County and other counties in the area, want to do their own visioning. She requested people come to one of the summits as they will have Department of Community Affairs and MyRegion to see what they envision in regards to growth management. She stated it is a matter of trying REPORT, RE: VISIONING (CONTINUED) to put everyone’s calendars together; and it is extremely difficult with 15 mayors, 5
Commissioner Pritchard stated until they all come up with a common vision for Brevard County, they are going to have a lot of infighting and politicizing about what is in it for the cities and the County; and the problem he has going to regional meetings is that most of the region is not from the east side and tends to look at Brevard and Volusia Counties as beaches, and that is about it. He stated what the cities and County need is a vision to take to the region and say this is where
Commissioner Colon stated she is glad Commissioner Pritchard brought up the expectations of what the Growth Management Coalition is supposed to do; it is trying to tackle one thing at a time; and the biggest issue it just finished was annexation, and trying to figure out where they go from there. She stated the main objective at that particular time was to make sure they had interlocal agreements and they were able to accomplish that; and they only meet once a month, so by the time they try to get some reports or anything else, they probably only have met four times. She stated now they have subcommittees from within the Coalition; one of the things they were going to discuss at the summit was what direction do the County and municipalities want the Coalition to go; but Pat Woodard will be out-of-town in Washington with the Florida Association of Cities. She stated any feedback the Board, any Commissioner, or any mayor can give is encouraged; and everyone is welcome to attend the meetings to give the Coalition feedback and make sure it is on the right track. She stated there is so much to cover, and she wants to make sure there are no false expectations of what the Coalition is working on. Commissioner Carlson stated the date for the summit has not been set yet; it is obviously not May 19 because the visioning process is going to take a year on the regional level; so what she would expect the Board could get from them is maybe a brief overview on what they might look like in 50 years, etc., which they have done on a regional basis, but have not come and talked to the Board about it. She stated the scope of the visioning process basically outlines how they are going to go about it from a regional basis; she thought she sent copies to each Commissioner, but if it was not sent out; so she will send another copy to each Commissioner. Commissioner Pritchard inquired if Commissioner Carlson is referring to the 50-year Penn Design Study; with Commissioner Carlson responding not only that but very briefly what the process is, how they manage to get the money from Department of Community Affairs and Department of Transportation to do the visioning thing, and what that entails. Commissioner Carlson stated that would be more interesting for the summit since everybody is now interested in an envisioning mode; and they can look at issues from the regional level and have it come REPORT, RE: VISIONING (CONTINUED) down all the different levels to the city level which would be an interesting conversation for everybody. Commissioner Pritchard stated having so many levels is part of the problem; each level requires so much discussion and each discussion branches out into more committees and more meetings so that what usually happens is inertia shows and things take forever. He stated the Penn Design Study left out two important considerations—political and economics; and inquired how can they look at visioning and not have political and economic issues. Commissioner Carlson stated they end up with the visioning they have to deal with at this level because of that problem. Commissioner Pritchard stated that is his point; and one of the things he wanted the Coalition to do was to look at Comprehensive Plans and figure out how many people they are talking about, where the build-out is going to be, and what the applications of various inputs are going to entail so that they can have the vision. He stated if the Coalition is looking for direction, that would be his direction; they need to provide a vision and need to do it quickly because right now their visioning process is not doing too well; they seem to have a lot of individuals making requests for a variety of things, but there is not an overall vision; and one of them in particular is the new smart growth initiative. He stated if that makes it to the ballot, that is going to create a series of interesting concerns that the cities and the County are going to have to face because the elements go from three to ten. He stated the concurrency in Senate Bill 360 has three elements; the smart growth initiative is proposing ten; it is going to bring a lot of things to a screeching halt, which is their objective; and one of the reasons it is coming is because there is no vision. He stated the idea of having meeting after meeting after meeting and they cannot meet now and have to meet then is just spinning wheels in a lot of areas; they need to make an intense effort; and if that means once a week workshops with everyone concerned for six months so they can produce a product, then they should do that because as it is now they have too many players and not enough action. Commissioner Colon stated Commissioner Pritchard is welcome to be part of those meetings if he thinks they are not moving very well; they have encouraged that; and one thing they were very clear about when they gave the presentation to the Board was the fact that it is not that easy. She stated the numbers show very clearly that everybody plays the numbers game with the population; they have areas in their community that are agricultural and developers are coming in and developing thousands and thousands of homes; and inquired how are they supposed to know what those numbers are. She stated they cannot get accurate numbers; there is so much annexation going on by the Cities of Palm Bay, REPORT, RE: VISIONING (CONTINUED) waste of time; so she cannot even get them all in one room, let alone try to see how they are going to envision
Chair Voltz inquired when are the Coalition meetings held; with Commissioner Colon responding they meet once a month on the third Monday from around 3:00 p.m. to 5:30 p.m.; and they encourage public comments even though it is a working group. Commissioner Colon stated the School Board also sits on the Coalition, not just the elected officials from the cities and County; and the State demanded that the School Board be part of the process because schools are affected by the kind of growth the cities and County are allowing to be put in. Commissioner Pritchard stated a concern he had when they formed the Coalition was where the population is going to go as they expand; he asked Planning and Zoning Director Robin Sobrino if she could come up with a build-out on the current Future Land Use Element of the Comprehensive Plan; and 500,000 was only for the unincorporated area. He stated currently there are 525,000 people in the entire County; and since then, some municipalities have annexed County’s lands; so the Future Land Use Map and Element have changed. He stated it would show less build out in the County, but the municipalities generally increase density two, three, or fourfold; so they end up with 100 or 200 homes where the County would have allowed 50 homes. He stated that is what they need to get a grasp on; developers are playing “let’s make a deal”; and if they cannot get what they want in the County, they look to an adjacent city and ask what it will give them. He stated what usually happens, in order for them to do that, is they require sewer and the developer says that means he will need two, three, or four units per acre to pay for the sewer; and they take what could have been one or two units per acre and make it six or so units per acre because the County did not play “let’s make a deal.” REPORT, RE: VISIONING (CONTINUED) Commissioner Pritchard stated that is a concern he has; he does not see the municipalities playing the game of what is the potential build out of the County; if the population triples, that would mean another million people; and inquired where are they going to go. REPORT, RE: COURTHOUSE EXPANSION Chair Voltz advised Item VIII.C.4. is Authorization, Re: Build-out of Harry T. and Harriette V. Moore Justice Center Expansion Space; however, Judge Evander is here, and his time is precious, so she would like to call him up to speak to the Agenda item. Judge Kerry Evander advised in the early part of this decade, the Legislature did not fund new judges in the State for several years; by 2004, the average caseload for a judge in the State was 30 to 35% higher than the national average; and in Brevard County that meant they had 22 judges handling a workload that justified the need for 28 judges. He stated in the last three years, they have been averaging 23,000 new circuit court cases, 20,000 misdemeanor cases, 10,000 civil cases, and over 100,000 traffic cases, which the majority are civil and do not involve a judge but a person paying a fine; however, many are criminal cases, such as DUI’s. He stated as a result, they have developed a backlog in their caseload; in criminal they have people waiting too long for trial, which has an adverse effect on the jail population; and they have people waiting a year to go to trial in custody cases and civil cases requiring even more time to get to trial. He stated last year the Legislature recognized the need was getting desperate and funded 55 new judges in the State and promised to fund at least an additional 53 in this year’s session; and for Brevard County it meant two new judges starting January 2006 and four new judges, three County and one circuit, starting probably in January 2007 although one of the bills calls for the effective date of December 2006. Judge Evander stated although he never purports to guarantee what the Legislature might do, he thinks the odds are very high that it will fund the new judges; the leadership last year made that promise; and it is in the Governor’s preliminary budget. He stated both Senate and House bills calling for the new judicial positions sponsors included the Appropriations Committee Chairmen; and the sales tax revenues last year for REPORT, RE: COURTHOUSE EXPANSION (CONTINUED) own courtrooms; 100% of their court proceedings are done in a courtroom both because of the volume of people involved and for security reasons; and juvenile has the same issues, as 100% of what they do is done in a courtroom. He stated 85% to 90% of what County court does is done in a courtroom because of the high volume cases they deal with; it is not unusual to find a County judge with 60 to 70 people in the courtroom even if it is a civil proceeding; and each of those individuals has his or her own courtroom, leaving one courtroom available for civil jury trials. He advised normally they have at least two civil jury trials scheduled in any given week; they would have to look at the County for other space to do the jury trials; and they would have to do domestic violence injunctions in chambers, which is strongly opposed by domestic violence advocacy groups because there is potential for intimidation of the alleged victim being so close to the alleged abuser while testifying. He noted it would also severely impair the senior judges. Judge Evander advised when they have a judge doing a two to three-week murder trial, they try to bring in a senior judge to handle the regular docket while the regular judge is doing the murder trial; and if they have no courtroom space, that becomes a major problem. He stated the Board has done a good job in Brevard County, evidenced by looking at the amount Brevard County has spent on courthouses and the ratio of courtrooms and judges; they are far better than most counties; the courthouse they have is very functional, not extravagant; and it has necessary security measures and the formality, which is important to remind participants of the seriousness of what takes place in a courthouse. He stated for all those reasons, he believes they need the courthouse space in January; and requested the Board approving funding for that. He thanked the Board for its time and studying of the matter; stated a lot of the Commissioners have gone over to the courthouse and seen it; and he appreciates that. Chair Voltz advised she received a petition from Attorney Douglas Beem to have judges in the Melbourne Courthouse; quite a few people signed it; and requested the Judge’s input on that because she also would like to see something in
Judge Evander stated that is most likely the next step; and the problem of trying to put judges in there now is the County would have to buy land, construct the building or whatever, and it would be an ad hoc Band-Aid solution. He stated right now they have the land and exterior and are just talking about doing the interior; it makes a lot of sense for the next move to be South Brevard; since he started practicing in Brevard County, the population has doubled; and it is fair to assume the population is not going to go down in the future and they are going to have to expand at some time. He stated it not only affects judges and the Board, but also the State Attorney, Public Defender, Clerk, and Sheriff; and what he would like to do after approval of this project is to get all those people, including members of the Board involved to come up with a plan where to move or how to plan for the future, not just where a new courthouse should be and the numbers, but also to evaluate what type of proceedings should be tried in each courthouse. He stated the Sheriff’s main interest is security; a lot of courthouses around the country are going to having criminal felony trials tried in one place to maximize security and minimize security expenses; and it may make sense to have those tried at the
REPORT, RE: COURTHOUSE EXPANSION (CONTINUED) Commissioner Scarborough inquired if the Board needs a motion to hear Item VII.C.4.; with Chair Voltz responding the Board is discussing it right now. Commissioner Scarborough stated the Board is very aware of the jail population that includes people waiting for trial; and those people awaiting trials are the most difficult and require the greatest cost to the taxpayers. He stated some people sentenced to less than a year are minor offenders; they can be out working the roads; but the people sitting in jail awaiting trial are the most costly to keep in jail; and inquired what does that have to do with the judiciary. He stated what it means is if they cannot move those people to trial, they have to hold the most expensive ones; they are not the ones that can be put in tents; and if resources are spent on them, the Board would not be able to keep those who may need to be kept in so they do not have recidivism. He stated the ripple effect of not having a judiciary that is capable of handling the caseload in a timely manner goes far beyond the judiciary to the jail and potential recidivism, which reaches out to every law enforcement agency when someone has to be released from jail; and this project is part of the overall plan, so he would make a motion to proceed with the proposal before the Board. Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to authorize utilization of the Construction Management Delivery Method for construction of the expansion of Harry T. and Harriette V. Moore Justice Center; to negotiate a fee with HOK Architects for permitting, bidding, and construction administration phase services, and a reuse fee for design, bidding, and construction administration phase services for the first floor expansion space with funding from the Clerk of Courts; to advertise request for proposals from qualified construction management firms for construction of the build-out; establish selection and negotiating committees of Facilities Director Steve Quickel, Clerk of Courts Scott Ellis, and Court Administrator Mark Van Bever or their designees; to negotiate with the number one ranked firm, and if unsuccessful, to negotiate with the next ranked firm until a contract is successfully negotiated; and authorize the Chair to sign all associated contracts and authorize all necessary budget actions. Chair Voltz inquired where the funds are coming from; with County Manager Peggy Busacca responding they have $2.4 million the Board has not allocated as part of the first quarterly supplement; and that is nonrecurring dollars. Ms. Busacca stated the rest of the money would come from the Tax Collector providing additional dollars this year, which he has offered to do up to $2 million; and those are also nonrecurring funds. Chair Voltz inquired how much will it cost; with Ms. Busacca responding approximately $4 million, so they have the money. Commissioner Pritchard stated he appreciated the tour of the Justice Center and the time Judge Evander took to do that; Commissioner Scarborough brought up a good point that it cost a lot of money to house some of those people in jail; the prison system could accommodate them well, or they could go to trial; but in addition to the build-out of the courthouse, they need judicial staff; and inquired who pays for the judges. Court Administrator Mark Van Bever advised the State pays the payroll expenses appropriated by the Legislature. Commissioner Pritchard inquired about staff; with Mr. Van Bever responding staff payroll and benefits would be paid for by the State. Commissioner Pritchard inquired if the REPORT, RE: COURTHOUSE EXPANSION (CONTINUED) Board is not looking at additional expenses to the County; with Mr. Van Bever responding not related to salaries and benefits; however, Florida Statutes, Chapter 29 does cause the judiciary to rely on the Board of County Commissioners for technology and furniture expenses. Commissioner Pritchard inquired if Mr. Van Bever has a ballpark figure of what that might cost; with Mr. Van Bever responding furniture and equipment for four judges, four judicial assistants, two general magistrates that will be located in the new space, and the law clerk, would be about $61,000; and equipment would cost about $32,000. Mr. Van Bever stated in addition to that, they calculated the cost of outfitting the witness waiting rooms and jury deliberation rooms; the furniture for four witness rooms and two deliberation rooms would cost about $12,000; and the sum total of everything he mentioned is about $105,000, which does not include the courtroom benches that are constructed like the Board room, counsel tables, jury chairs, etc. Commissioner Pritchard inquired what would Mr. Van Bever estimate that cost to be; with Mr. Van Bever responding he does not know but the Facilities Department has been considering it; he is not familiar with the cost of millwork, but could tell the Board the cost of chairs, etc.; however, where the court clerk, witness, and jury sit would be constructed millwork that he does not know the cost of but assumes it would be built into the $4 million because it is a common construction cost. Commissioner Pritchard inquired if it has been included; with Assistant County Manager Stockton Whitten responding that is part of the square footage calculation. Commissioner Pritchard stated the increase in judges is most likely going to cause an increase in the Public Defender and State Attorney’s Offices; and inquired if Mr. Van Bever knows what that increase might be and who would pay for that; with Mr. Van Bever responding the State would pay for the salaries and benefits and the County would provide the office space and technology equipment. Commissioner Pritchard stated Public Defender Russo and State Attorney Wolfinger are strapped for space so they will be looking at an expansion just for what they have; the Board has to build it to accommodate them; he happens to think the Board has to do this expansion and has no problem with it; but he wants to make sure everyone realizes what the cost of doing it is because it is not just one issue, but others involved. Mr. Van Bever stated in addition to the individuals Commissioner Pritchard mentioned, the Clerk will have to add staff also and that space is contemplated in the build-out. Commissioner Pritchard stated the Clerk has funding for the first floor build-out of $440,000. Mr. Van Bever advised the Clerk will also have some individuals on the second floor. Commissioner Pritchard stated one of the most critical components is parking; they are parking all over the roads on Monday mornings; and inquired what is going to be done for additional parking. Mr. Van Bever stated for a number of years they wished they had additional parking; part of the solution should be to add some parking because they are parking in places where they are not supposed to park; and one thing the judiciary is doing is trying to carefully schedule jurors to minimize the parking problem. He stated they have a plan that will go into effect April 1, which hopefully will make the parking situation a little better. He stated he does not know what the parking situation is at the
REPORT, RE: COURTHOUSE EXPANSION (CONTINUED) Judge Evander advised he and Mr. Ellis decided to look at the jury situation and actually sent a team to Orange County to study how it did juries; effective May 22, they are putting in a new system where jurors are going to be summoned each day for one day rather than all for Monday; and hopefully that will reduce the need for parking. He stated they believe that move will make jury service more palatable for citizens when they come in and know they are either picked for jury duty that day or are done. He noted that may have an effect on the parking situation. He stated to follow up on Commissioner Scarborough’s comments, they have done a couple of things in the past two years on the jail population; they have a County judge at the jail Wednesday mornings taking pleas; the judge takes about 8 to 12 pleas of people who are getting out 30 days earlier than they would have; and over a year ago, they started an early resolution program to get third degree felons, drug offense cases, heard earlier than normal. He stated he has a letter from Mr. Wolfinger thanking them for putting the system in; in 2005, 305 of the felony cases were resolved in early resolution; but those are third degree felons and not the robbers, sexual offenders, murderers, and people who stay a long time in jail before trial. He stated they need to get those cases tried. Commissioner Colon stated there is a motion on the floor but she wants to be on the record because a lot of times folks who are playing Monday-morning quarterback wonder whether they have even looked at one of the options being night court. She stated that has already been looked at and the report given to the Commissioners; and requested Judge Evander touch on that for folks who are sitting at home and wondering if that was something that was feasible. Judge Evander advised they contacted state and national court organizations regarding night court; in REPORT, RE: COURTHOUSE EXPANSION (CONTINUED) to come at night rather than during the day because of their schedules; but the majority of people prefer the day because of child care issues. Judge Evander stated a portion of the population does not drive at night or for security reasons leave their homes at night; some schools plan activities at night and some people do not want their children leaving the house or arriving home after dark; it is not family friendly for deputies, court administration, judicial assistants, etc.; and some would have to make a choice about giving up their jobs or face the strain if they have children at home and have to work evening hours. He stated in this situation, with the land already bought and the exterior already built, it would be more expensive and not be user friendly or family friendly to have night court. Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously. REPORT, RE: VALKARIA MASTER PLAN Chair Voltz stated she has not heard one word on the master plan process for
REPORT, RE: STRAWBERRY FEST Chair Voltz stated there were thousands of people at the Strawberry Fest; and thanked all the people from Habitat for Humanity, Kiwanis Club, and a number of other organizations that helped put the fest on. She stated it was a great event. REPORT, RE: LITTLE LEAGUE BALLFIELDS Commissioner Pritchard stated last weekend was open season for Little League; a lot of the fields are now constructed and are in great shape; it was a pleasure to be there for various ribbon cuttings; and he went by last night and a lot of kids were out there playing ball. He stated it took a while but it is coming to fruition; and thanked everyone involved with opening ceremonies and construction of the fields as they really look good and the Leagues really appreciate them. RESOLUTION, RE: COMMENDING HARRY FULLER Commissioner Pritchard read aloud a resolution commending Harry Fuller for his services on the Building and Construction Advisory Committee. Motion by Commissioner Pritchard, seconded by Commissioner Colon, to adopt Resolution commending Harry Fuller for serving as a member of the Building and Construction Advisory Committee for over 15 years. Motion carried and ordered unanimously. (See page for Resolution No. 06-052.) RESOLUTION, RE: COMMENDING HARRY FULLER (CONTINUED) Commissioner Pritchard presented the Resolution to Mr. Fuller, who said he did not do anything outstanding but helped the County with its building industry and feel he may have contributed. RESOLUTION, RE: PROCLAIMING SURVEYORS’ WEEK Chair Voltz read aloud a resolution proclaiming March 12 through 18, 2006, as Surveyors’ Week in
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming March 12 through 18, 2006, as Surveyors’ Week in Brevard County in recognition of the contributions made by surveyors and mappers both past and present. Motion carried and ordered unanimously. (See page for Resolution No. 06-053.) Chair Voltz presented the Resolution to Brett Wood who thanked the Board on behalf of all surveyors. PUBLIC INTEREST DETERMINATION, RE: REVIEW OF MAINTENANCE DREDGING
PERMIT FOR Commissioner Pritchard stated it is a private basin and there is no impact to the General Fund so why is the Board approving it; with Natural Resources Management Director Ernie Brown responding in 2001 the Board directed that new dredging projects be brought to it for review; and it is a situation that results from the 2001 staff direction. Commissioner Pritchard stated the owner is paying for the project and it serves a purpose. Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve public interest determination for proposed maintenance dredging of approximately 150 yards of accumulated silts in a private basin at 5705 U.S. 1, Rockledge, owned by Ronald and Margie Sheffield. Motion carried and ordered unanimously. PUBLIC COMMENTS Walter Pine commented on the Board bringing things up under Reports that are not on the Agenda; Commissioner Scarborough as an officer of the court did not file a conflict of interest on the courthouse expansion issue; the Board is in direct violation of the Government in the Sunshine law by not providing for public comment; and a policy change on how people are appointed to the North Brevard Parks and Recreation Committee without notice and public comment. Commissioner Scarborough inquired if he has to file a conflict of interest; with County Attorney Scott Knox responding Commissioner Scarborough does not have a direct conflict of interest. PUBLIC COMMENTS (CONTINUED) Commissioner Colon stated the item on courthouse expansion is on the Agenda Thelma Roper inquired when will the bridge at I-95 and Fiske Boulevard interchange be fixed; stated there is a dirt mount with plants on it; and traffic is not flowing smoothly because of the barrels. Road and Bridge Director Billy Osborne stated staff is working on a cooperative agreement with The Viera Company to make improvements. Commissioner Pritchard stated people called him and said Mr. Osborne stated he has not driven the road, but Commissioner Pritchard’s office did call him about it. Commissioner Carlson inquired if there is a time line on the I-95/Fiske Boulevard project Ms. Roper mentioned; with Mr. Osborne responding they hope to start by the end of this month and complete the project in about three months, but he is reluctant to give a date because things can happen that may not allow them to make that date. Joan Wheeler requested a dubber or something be purchased for
Commissioner Scarborough stated he was not aware of the problem and assumes they need a better means of taping the meetings. Ms. Wheeler stated they have a better means of taping and it is not working. Commissioner Scarborough stated he needs to know what is going on in those meetings as well and relies on the same information. PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLATS OF
SUBDIVISIONS OF FARMS 72 AND 73, EAST EXTENSION OF SCOTTSMOOR -
ROBERT AND ELEANOR BROWN AND RONALD AND APRIL WESTBERRY
(ATTORNEY RICHARD STADLER)
Chair Voltz called for the public hearing to consider a resolution vacating rights-of-way in Plat of Subdivision of Farm 73, East Extension of Scottsmoor and Plat of Subdivision of Farm 72, East Extension of Scottsmoor, as petitioned by Robert E. and Eleanor A. Brown and Ronald E. and April M. Westberry, represented by Attorney Richard Stadler.
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLATS OF
SUBDIVISIONS OF FARMS 72 AND 73, EAST EXTENSION OF SCOTTSMOOR -
ROBERT AND ELEANOR BROWN AND RONALD AND APRIL WESTBERRY
(ATTORNEY RICHARD STADLER) (CONTINUED)
Commissioner Scarborough stated staff has concerns; and requested Ms. Streeter touch on those. Cynthia Streeter stated their office received several objections regarding the vacating of the rights-of-way and the future need for that portion the petitioners are requesting to be vacated; both to the north and south of the right-of-way is improved property; the petitioners want to vacate the portion of the right-of-way that is not improved; and there seems to be a question regarding the future need of the right-of-way for improvements, drainage, and possibly utilities. She stated she has given the information to the attorney for the petitioners; and he is here to address the issues today.
Attorney Rick Stadler, representing Robert and Eleanor Brown, stated he has the unenviable task of talking the Board into going against its staff; and presented maps showing the layout of the right-of-way and an aerial photograph to the Board, but not the Clerk. He stated the first page is the aerial photograph; Seminole Road is in red, below that is his clients’ property; the dark area next to that is where they are asking to vacate; and behind that is the assessor’s map. He stated he does not disagree with staff; and will address the easements that may be needed; and his clients are more than happy to grant the County whatever easements are needed for utilities, drainage, and whatever else they may need.
Commissioner Scarborough stated he would prefer to meet with Mr. Stadler and Ms. Streeter in his office and go over those things because if they get into technical issues and have things going back and forth, it becomes more problematic for the Board to understand it all. He inquired if a decision is needed today; with Mr. Stadler responding he does not have a problem meeting with Commissioner Scarborough. Commissioner Scarborough stated he would appreciate it so he can bring something back that is clean to make it easier on the Board.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating rights-of-way in Plat of Subdivision of Farm 72, East Extension of Scottsmoor, and Plat of Subdivision of Farm 73, East Extension of Scottsmoor, as petitioned by Robert and Eleanor Brown and Ronald and April Westberry until April 11, 2006.
Walter Pine inquired if the right-of-way is within the historic two miles of Scottsmoor; with Transportation Engineering Director John Denninghoff responding he has not checked it. Mr. Pine stated it appears to be; and if it is within two miles, the Board has no authority over it; the City of
Commissioner Scarborough inquired if Scottsmoor is not acting as a city and somebody wants to have some action with local government, from vacating to building a road, who does that
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN PLATS OF
SUBDIVISIONS OF FARMS 72 AND 73, EAST EXTENSION OF SCOTTSMOOR -
ROBERT AND ELEANOR BROWN AND RONALD AND APRIL WESTBERRY
(ATTORNEY RICHARD STADLER) (CONTINUED)
person go and see; with Mr. Pine responding he is not a lawyer but he would think the person would have a cause of action against the City for failing to perform its duties and authorities. Commissioner Scarborough inquired who would that person serve; with Mr. Pine responding that is one of the issues that comes up with Scottsmoor; its authority does not naturally fall to the Board if it exists as a creature of the Legislature; and two sessions ago the Legislature tried to dissolve Scottsmoor but it was blocked, so Scottsmoor must exist. He stated if the County exercises an authority that belongs to the City and the City goes back to work, it would create a liability for the County for exceeding its authority
Chair Voltz requested the County Attorney address the issue; with County Attorney Scott Knox responding the simple way to look at this is to say if the Board has jurisdiction over it, then it can act upon it; and if it does not, then it does not make any difference if it acts on it or not. Mr. Knox stated if they come to the Board for vacation of a piece of property and the Board vacates whatever interest the County has, it is not its job to determine who has title to it once it is vacated. Mr. Stadler stated the County paved the right-of-way up to that point.
Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY AND
DRAINAGE EASEMENT IN EDGEWATER LANDINGS -
Chair Voltz called for the public hearing to consider a resolution vacating a portion of a public utility and drainage easement in Edgewater Landings, as petitioned by Tracy W. Adcock.
Commissioner Pritchard stated at a previous meeting he said staff should be given administrative authority to allow 10% encroachment without having to go through the vacating process; this is a 10-foot easement with an encroachment of three inches; the petitioner had to go through the process, pay $640, plus more money and time; and if staff had the 10% allowance authority, they could have approved a foot out of 10 feet without having to come to the Board. He stated it reinforces what he brought up the last time; and inquired where can the Board go with an administrative decision by staff to allow 10% encroachment without having to go through the process.
Transportation Engineering Director John Denninghoff stated he would caution the Board about that because many times vacating petitions are couched in the frame of clearing title when people are seeking to sell, purchase, get a second mortgage, or refinance and the title is clouded by the encroachment; and that would not change or go away regardless of any administrative action. Mr. Denninghoff stated as to seeking a building permit, he is not sure what ramifications that would have, as it is a permitting and enforcement issue rather than a vacating issue.
PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY AND
DRAINAGE EASEMENT IN EDGEWATER LANDINGS -
(CONTINUED)
Commissioner Pritchard stated perhaps staff could bring it back for discussion so the Board can figure out what it may be able to do; and even if it cannot address all, some would be helpful because he hates to have the public pay $640 for three inches.
There being no further comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution vacating a portion of a public utility and drainage easement in Edgewater Landings, as petitioned by Tracy W. Adcock. Motion carried and ordered unanimously. (See page for Resolution No. 06-054.)
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY EASEMENT IN
BAREFOOT BAY, UNIT 2, PART 12 - DAN R. AND SANDRA L. SCOTT
Chair Voltz called for the public hearing to consider a resolution vacating a public utility easement in
Transportation Engineering Director John Denninghoff advised staff worked it out; the request needs to be modified to vacate one and a quarter feet in width; that is agreeable to Florida Power & Light Company; and staff has the necessary legal descriptions and sketches needed for that. He stated if it is modified to 1.25 feet, staff would have no objections.
There being no further comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Scarborough, to adopt Resolution vacating a public utility easement in
for Resolution No. 06-055.)
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN
GARDENS SUBDIVISION - WILLIAM P. TURNBAUGH
Chair Voltz called for the public hearing to consider a resolution vacating rights-of-way in Orange Gardens Subdivision, as petitioned by William P. Turnbaugh represented by R. K. Engineering.
Transportation Engineering Director John Denninghoff advised of a letter from the petitioner requesting the item be continued until April 25, 2006, to try and resolve concerns, and indicating it could conceivably go longer than that timeframe.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating rights-of-way in Orange Gardens Subdivision, as petitioned by William P. Turnbaugh, represented by R. K. Engineering, until April 25, 2006. Motion carried and ordered unanimously.
DISCUSSION, RE: PALM BAY BELTWAY
Commissioner Pritchard stated he talked to Transportation Engineering Director John Denninghoff last week about the Palm Bay Beltway; it is not serving the public’s interest if the Board does not lay out where the road is going to go; and he asked Mr. Denninghoff to lay it out from Ellis Road to Fiske Boulevard, using Judge Fran Jamieson Way, Stadium Parkway, Washingtonian Drive, and whatever else to show where the potential for the road may lie. He stated the idea is to create a way to get from the south part of the County to a more northerly part without having to get on I-95; the analogy he used was the Sawgrass Expressway, which was built as a limited access highway in Broward County; this beltway will not be that in some areas if they use current configurations of Stadium Parkway and Fran Jamieson Way; but they need to have that corridor and have it identified because there are a lot of landowners out there who are looking at the potential of developing and do not know where the road may fall. He suggested the Board approve having the layout for the road conducted. He stated some people think because it is called the Palm Bay Beltway that it only benefits Palm Bay, but it does not; so maybe the Board would want to change the name and call it Denninghoff Expressway, or John’s Road North, or Bob’s Road, or whatever. He noted the MPO and others have been talking about this road for about 15 years.
Chair Voltz stated they may be talking about it at the next MPO meeting. Commissioner Pritchard stated the point is they are going to see more and more of the issues coming up because there is going to be more and more demand for land further west; and as demands come and people have the idea it is not going to affect their properties, the Board will have a problem when it does affect their properties. He stated he would rather lay out the road and let folks know that is where the potential road is going to go. Chair Voltz stated she has a problem with
Commissioner Carlson stated the road Commissioner Pritchard is talking about is to relieve Wickham Road, which is the frontage road of I-95 and partly Washingtonian Drive; they are addressing that from Lake Washington south potentially as it goes into the westerly Viera site; but from that point south, they have not determined how to go through there. She stated it would be a huge traffic reliever not only for commuting purposes, but general purposes; she does not know the quality of an expressway and how much right-of-way would be required, etc. or how much is out there; but the MPO will be dealing with it soon.
PUBLIC HEARING, RE: RESOLUTION VACATING UNIMPROVED RIGHT-OF-WAY
(
) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M.
BAKER (KIM REZANKA, ATTORNEY)
Chair Voltz called for the public hearing to consider a resolution vacating an unimproved right-of-way (
) in Indian River Groves and Gardens, as petitioned by Frances M. Baker, represented by Attorney Kim Rezanka.
Commissioner Colon stated it is in her District and she does not have a problem with it.
PUBLIC HEARING, RE: RESOLUTION VACATING UNIMPROVED RIGHT-OF-WAY
(
) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M.
BAKER (KIM REZANKA, ATTORNEY) (CONTINUED)
There being no objections heard, motion was made by Commissioner Colon, seconded by Commissioner Pritchard, to adopt Resolution vacating an unimproved right-of-way (
) in Indian River Groves and Gardens, as petitioned by Frances M. Baker.
Transportation Engineering Director John Denninghoff advised there were objections from a couple of different sources.
Commissioner Colon withdrew the motion; and Commissioner Pritchard withdrew the second.
Attorney Kim Rezanka, representing Frances Baker, stated they were set for January 10, 2006, but received comments from the City of Melbourne that it needed a utility easement over 30 feet of the right-of-way; they learned Stormwater for the County needed a 50-foot drainage easement; and Ms. Baker has agreed to that, but County staff, with good reason, does not want to go forward until the documents are done, so they are seeking a continuance until May 9, 2006.
Motion by Commissioner Colon, seconded by Commissioner Carlson, to continue the public hearing to consider a resolution vacating an unimproved right-of-way (Trimble Road) in Indian River Groves and Gardens, as petitioned by Frances M. Baker, represented by Attorney Kim Rezanka, until May 9, 2006.
Commissioner Pritchard inquired why is the item being tabled; with Ms. Rezanka responding it is a request by County staff so they can get the documents completed; apparently Todd Goldman with the City of
Mr. Denninghoff advised there is still a fair amount of paperwork that would need to be resolved on this that they have not been able to work out at this point; additionally, there is a possibility they may be able to eliminate the concern that the County has on the stormwater utility easement and eliminate that objection. Mr. Denninghoff stated in addition to that, there is another objector who has requested the County not approve the vacation, primarily the property owner to the north. He stated they are trying to assess exactly what the objections are and if there is any resolution to them.
Chair Voltz called for a vote on the motion to continue the public hearing. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHTS-OF-WAY IN ADDITION NO. 1,
JUNE PARK -
Chair Voltz called for the public hearing to consider a resolution vacating rights-of-way in Addition No. 1, June Park, as petitioned by
Motion by Commissioner Carlson, seconded by Commissioner Colon, to continue the public hearing on a resolution vacating rights-of-way in Addition No. 1, June Park, as petitioned by
PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCES 03-33, 96-54, AND 92-23,
DISPOSITION OF ROAD AND BRIDGE MSTU PROCEEDS
Chair Voltz called for the public hearing to consider an ordinance amending Ordinances 03-33, 96-54, and 92-23, Disposition of Road and Bridge Municipal Service Taxing Unit proceeds.
There being no objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to adopt an Ordinance amending Ordinance 03-33, which amended Ordinances 92-23 and 96-54 of the Brevard County Board of County Commissioners which addressed former Article IX, Division 1, Section 20-93, Code of Ordinances of Brevard County, Florida 1992 to add traffic control services and clarify canals and channels as authorized uses for Road and Bridge Municipal Service Taxing Unit Funds; providing for specific percentage use of funds in District 2; providing for severability; providing for area encompassed; providing for inclusion in the Code; providing for effective date. Motion carried and ordered unanimously. (See page for Ordinance No. 06-13.)
The meeting recessed at 10:41 a.m., and reconvened at 10:55 a.m.
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY
Chair Voltz advised there are three speakers on the item; and called for Steve Jack. Commissioner Scarborough stated Mr. Jack was in the audience, but must have stepped out of the room. Chair Voltz called for Thelma Roper, then Walter Pine; and stated Steve Jack will speak when he gets back. Commissioner Scarborough stated he wants Mr. Jack to hear the others. Mr. Jack returned to the room; and Chair Voltz stated he was the first speaker. Ms. Roper inquired if the Board preferred for Mr. Jack to go first. Commissioner Scarborough stated it may be better to listen to the comments of others so Mr. Jack can respond to any objections. Chair Voltz stated he had his card in first. Commissioner Scarborough stated whatever the Chair wants to do is fine; and the Board can allow Mr. Jack the opportunity to come back and respond. Mr. Jack stated he would prefer to speak after the other speakers. Chair Voltz requested Ms. Roper to proceed.
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
Thelma Roper stated she is rather concerned about the incorporation feasibility study for Mims because when she found out where they were going to lay their boundaries, her property was located inside the boundaries; she is not for the incorporation; and she knows people who have thrown the information away on this because they were not in favor of it. She stated she knows Mr. Jack has signatures; she is not sure how all the signatures came about because she knows some of the people and has talked to them; and she is sure they signed it, but she is not sure they were as fully informed as they could have been when they gave their signatures. She stated the boundary goes up to Flounder Creek Road; the Scottsmoor Community Association sent a letter to Mr. Jack regarding the matter several months ago commenting on that particular northern boundary; and it seems to have been ignored. She stated she wants to go on record that she is not sure this is the wise route.
Walter Pine stated it is highly inappropriate that they be asked to comment before Mr. Jack; there are a number of issues, including the boundaries, that are not carefully outlined; and when the Board passed it on January 10, 2006, it did not have the boundaries or a public record of the petition. He stated he does not know if the Commissioners saw the petition or not, but late last year, four or five months ago, Mr. Jack said he had a thousand signatures; in fact it is put in writing; and he was only able to deliver 920 signatures. He stated the petition is incomplete and addresses are incomplete; people who live out of the County actually signed it; and he does not know if they own property within the boundaries. He stated there are 920 signatures of people he is sure own property within the boundaries; he is trying to get the numbers but it is difficult to do because he does not know exactly how to break down some of the census materials; he is sure at least 40,000 people live within the boundaries of the area; so it is about 2.5% of the population asking for a study and for the County to pay for it. He stated that is a precedent that is pretty low in value; most special interest groups cannot come before the Board and the Board set this precedent for a study at 2.5% of the population of a given area; that is awfully small; and it may be smaller yet. He stated he was at the Scottsmoor Community Association meeting when it voted on it; it said its southern boundary was
; Scottsmoor has worked hard and they have as well to get the fire station in North County built; and it is interesting that it will now be in the City.He stated they worked hard because they needed the fire protection; now the City is encompassing that fire station; people are being told the taxes will not go up; and he called around to cities that incorporated and could not find any that recently incorporated, but taxes always go up.He stated he was told by Legislators that the water plant in Holder Park area, which is County property, will naturally transfer to the City, so they are going to lose some infrastructure that the County paid for.Mr. Pine stated on January 10, 2006, the boundaries were not there; and inquired how did the Board know the people knew to come to the meeting and talk to the issue.He stated the notice was inadequate; Commissioner Scarborough said he ran into Mr. Jack in the parking lot and that he was supposed to be on the Agenda; there is no application to be on the Agenda; Mr. Jack properly put in applications to be on the Agenda on all previous occurrences; and he understands that the reason it was pulled was because of the debate and large public outcry over the boundary between Scottsmoor and Mims.He stated that has still not been solved; in fact it is now further north than they were screaming about before; he is very concerned about it; additionally the contract was signed to do the study before it was supposed to be done; they brought that to the attention of the County; it has not been handled in a very good way; and proper notice needs to
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
be done so people get to comment. He stated Mr. Jack has been good about bringing people to the meetings, but none have come; and inquired where are all the people who support this issue. Mr. Pine stated the people who are against it would come if they knew about it; they did not know whether their properties were in the boundaries; there was no public notice of where those boundaries are; so a lot of people did not know about it. He stated they are just beginning to tell them that they are in the boundaries of what they are trying to incorporate; only one person north of Grantline Road knew his property was within the boundaries that Mims is trying to incorporate; he was born and raised in that area and knows a lot of people there; and Thelma Roper was born and raised in that area also. He stated they are here making comments but do not know what Mr. Jack is going to present to the Board to support the study; and inquired how can they comment on what Mr. Jack is going to say or on what the County is considering when there is no public record that contains the proper proposal of what the Board is considering at this meeting.
Commissioner Scarborough stated he has a letter from Mr. Jack defining the boundaries. Mr. Pine inquired if it is signed; with Commissioner Scarborough responding his letter is not signed. Mr. Pine stated there is no copy in the County that is signed. Commissioner Scarborough inquired if that is what Mr. Pine saw; with Mr. Pine responding yes, and when it talks about Flounder Creek Road, it says south of Flounder Creek Road, but it does not say where or at the border of Flounder Creek Road. Commissioner Scarborough inquired if he and Mr. Pine are looking at the same thing; with Mr. Pine responding yes, he faxed it to Commissioner Scarborough and raised the issues of why it was not correct.
Steve Jack stated Mr. Pine likes to give the Board imperfect facts; he did hand out the same thing to the Board; it was a request; it had boundary lines; and the original north boundary line went to south of Johns Road, which is where the Scottsmoor City limit is. He stated he tried to find out from Department of Transportation where the unincorporated area of Mims starts and Scottsmoor begins; an old gentleman there at the north boundary of Scottsmoor said the sign came up missing; and he began to tell them at Scottsmoor’s meeting that they do not know and Department of Transportation does not know where one begins and the other ends. He stated right at the south of
is where it says Scottsmoor; they were originally going to go to Scottsmoor; and Barbara Morehead lives south of there and said she did not want that, so they backed off to .He stated they have set boundaries and talked to the City of Titusville in Commissioner Scarborough’s office and told them where they were going to go; they said nothing that day about the southern boundary; and now they have concerns.Mr. Jack stated the City wants to go all the way to Parrish Road; if they do that, it is going to cut Sherwood in half; and if the Board looks at Eola Avenue, stop where the County’s water supply comes to, and goes back to Panther Lane and Tomato Farm Road, it has always been Mims; so there is no problem there and they are going to talk to Mr. Harmer and would like Commissioner Scarborough and County Attorney Scott Knox to be present.
Commissioner Scarborough stated he received some concerns from the City of
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
Mr. Jack stated he did not refuse to talk to them; he got about five emails and someone got all excited in Scottsmoor and said they do not want to incorporate; their intention was never to incorporate Scottsmoor; those people were all upset; in fact one of them told him he had been told lies and he wanted to start coming to their meetings. He stated their meetings are posted and open every month; they have not seen Mr. Pine or Ms. Roper there, but one time; the meetings are open to everyone; and the reason there are concerns for some boundaries is because every time they set them, some people say they are leaving them out, so they go back and talk to those people. He stated the boundaries, as far as they are concerned, are firm; they will be the Indian River lagoon on the east,
Commissioner Pritchard inquired if Mims has a defined boundary that people who reside there give as their addresses; with Mr. Jack responding it starts at Parker Street; Titusville was actually back of Eola Avenue; they are now coming out to Parrish Road; they have defined on their maps as Parrish being their outer limits; and they are asking to come across there and come back to Eola Avenue across I-95 because that is where their water goes. Mr. Jack stated that is where all those people on
and have always been in Mims.He stated they worked with Mr. Higgenbotham right at Eola; they just rezoned some of his property going back to ; and that is all Mims area back there.He stated he
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
received letters from folks in Sherwood Forest asking why they were excluded; they do not want to exclude anybody;
Chair Voltz inquired if it is from the City Council; with Commissioner Pritchard responding that is where it came from. Chair Voltz stated she also has a letter from Larry and Cathy Daniels saying they live within the area and are not in support of the incorporation. Mr. Jack stated they have about eight or ten people who do not support it; no one requested 1,000 signatures; and he did that on his own to show the board and residents that the people supported it. Chair Voltz stated what Mr. Pine said was Mr. Jack said he had 1,000 signatures and only had 920. Mr. Jack stated he actually had more than that, but people did not get them back to him; they did have 1,000 signatures, but there are still some out there.
Commissioner Scarborough stated County Manager Peggy Busacca talked to City Manager Tom Harmer yesterday; they are fairly well defined as to where their lines want to be; the thing with Scottsmoor may be more of a problem; they do need to have a defined boundary before they have a study; so the best thing to do is bring the item back after they define those things.
Mr. Jack stated he would like to have someone tell him exactly where the borders of Scottsmoor are, but no one can do that. Commissioner Scarborough stated he is not the one that can do that, but he is sure it is out there some place. Mr. Jack stated the Department of Transportation could not tell him that either.
Chair Voltz inquired if the recommendation is to do nothing at this time; with Commissioner Scarborough responding Mr. Jack needs time to define the boundaries and work out issues with Mr. Harmer.
BOARD DIRECTION, RE: MIMS INCORPORATION FEASIBILITY STUDY (CONTINUED)
; and if the boundary did not include any area south of , the City would be neutral on the issue of incorporation.Chair Voltz stated they have to work with the City.
The Board took no action at this time on the Mims incorporation feasibility study to allow Mr. Jack time to define the boundaries and work out issues with the City of
BINDING DEVELOPMENT PLAN AGREEMENT WITH GERALD R. WYLES, SR., AND
CAROLYN S. WYLES, TRUSTEES OF THE GERALD R. WYLES AND CAROLYN S.
WYLES TRUST, RE: PROPERTY LOCATED ON THE SOUTH SIDE OF BROADWAY
BOULEVARD, ADJACENT TO EAST SIDE OF
Commissioner Carlson stated the Binding Development Plan does not reflect the motion approved by the Board; the motion was to approve the Binding Development Plan addressing all issues that were addressed by the P&Z Board; and it did not include no truck parking on the property and structures be limited to office use only.
Zoning Manager Rick Enos advised the Binding Development Plan said no septic and pump trucks instead of no trucks; it did not indicate anything about structures for office use only; and both of those issues were part of the motion and were not accurately reflected in the Binding Development Plan.
Commissioner Scarborough stated if the Board takes action at a zoning meeting and the Binding Development Plan does not reflect it, it could re-advertise and take a different action; but it does not have the authority today to amend a substantive issue that was handled by the Planning and Zoning Board.
Mr. Enos stated that is correct with respect to the provision of structures for office use only; and the truck issue may have been a misinterpretation. He stated the owner is in the septic business; and he may have been thinking septic pump trucks when the Board said trucks, so the Board may be able to deal with that today, but it needs to be in the Binding Development Plan in order for the Board to approve it.
Commissioner Carlson inquired why did the Board not get the Binding Development Plan back in the form that it should have been, given the motion it made at the meeting; with Mr. Enos responding the applicant insisted to go the way it was presented. Commissioner Scarborough inquired if the applicant prepared it; with Mr. Enos responding the applicant is here.
Gerald Wyles stated he owns the property; and when he met with the Zoning Board, he had two neighbors who were complaining; one complained about pump trucks pulling into the property and almost running over her fence and into her house; and he did not have any response at the time because the Zoning Department told him if there were any objections, they would let him know and he was responsible for going to those neighbors and talking to them about it, but no
BINDING DEVELOPMENT PLAN AGREEMENT WITH GERALD R. WYLES, SR., AND
CAROLYN S. WYLES, TRUSTEES OF THE GERALD R. WYLES AND CAROLYN S.
WYLES TRUST, RE: PROPERTY LOCATED ON THE SOUTH SIDE OF BROADWAY
BOULEVARD, ADJACENT TO EAST SIDE OF
(CONTINUED)
one notified him there was going to be any dissent. He stated one neighbor had a legitimate complaint that the truck came up to her fence and scared her; she thought it was a pump truck, but it was a dry cement truck delivering to the concrete company next to his business; he met with the lady to address her complaint; a lot of people think he owns the concrete company because he makes septic tanks; but he does not own it. He stated the trucker came to his property to back in and it was closed; and he came to his shop and asked if he could open the gate, and they told him he did not own that property and helped him contact the owner who opened it for him. He stated the neighbor had pictures and said she thought it was a septic pump truck; in making the Binding Development Plan, he excluded septic pump trucks because he does not intend to put any of those vehicles there; his intention for the property is to build an office for his business because they have outgrown their current office; they went from five employees to 30; and they have run out of office space; but he also intends to fully develop the property under the rules of the PIP.
Commissioner Scarborough stated the Board has a problem hearing this issue because it goes to substantive matters; if it is a zoning and Mr. Wyles wants the Board to reconsider the motion, it needs to be readvertised; the Board is taking evidence here that people should have a right to know about; and there is no way it can reopen the issue because the Zoning Board said for office only and no truck parking. He stated the motion was to do exactly what the Zoning Board recommended; the Board cannot reopen and re-decide the issue; and there are two options, one to not accept this today and Mr. Wyles come back with an amended Binding Development Plan, or talk to Mr. Enos about having it reheard as a zoning matter.
Mr. Wyles stated he did not know what a Binding Development Plan was when he agreed to one; in the meeting it said he wanted to build an office only; he has three acres and wants to build a lot of offices for engineers, surveyors, and people who do not need to be on U.S. 1; it would improve the area; but an office is not what he wants. He stated as for the trucks, it would be confusing for the neighbor because every time a truck comes up to the door, the neighbor would call Zoning; and he cannot say he is going to restrict trucks from coming on his property because it would mean FedEx could not make deliveries.
Commissioner Scarborough stated he does not have a problem between singular and plural for an office or offices; some of the things Mr. Wyles is requesting go beyond previous action and would create a dangerous precedent, so the Board cannot take action on those; and it cannot accept the Binding Development Plan he submitted. He stated the Board is rehearing a zoning item and substantially changing it without giving proper notice; therefore, he suggests it take no action today, and Mr. Wyles work with Mr. Enos within the framework of the Binding Development Plan that would not be too far outside the language of the motion. He stated if the item needs to be reheard, Mr. Enos will help Mr. Wyles advertise it so it can be reheard at a zoning meeting.
BINDING DEVELOPMENT PLAN AGREEMENT WITH GERALD R. WYLES, SR., AND
CAROLYN S. WYLES, TRUSTEES OF THE GERALD R. WYLES AND CAROLYN S.
WYLES TRUST, RE: PROPERTY LOCATED ON THE SOUTH SIDE OF BROADWAY
BOULEVARD, ADJACENT TO EAST SIDE OF
(CONTINUED)
Mr. Wyles inquired what would he do about the truck issue; with Chair Voltz responding that is what he needs to work out with Mr. Enos because it is out of the Board’s jurisdiction. She advised Mr. Wyles to meet with Mr. Enos and work out a Binding Development Plan that would suffice the actions that were taken by the Board previously versus what he wants; and if he cannot do that, it would need to be readvertised. Mr. Wyles stated he would like to have a personal meeting and not do it over the phone. Mr. Enos stated if Mr. Wyles has the time, he can come to his office right now. Mr. Wyles stated he has the time.
NOTE: The Binding Development Plan was amended and approved later in the meeting.
CONTRACT FOR
ROAD WIDENING PROJECT, BETWEEN
AND 192
Motion by Commissioner Colon, seconded by Commissioner Pritchard, to execute Contract for Sale and Purchase with Thomas W. Phillips for Parcels 117 and 718 at $11,090 for the Wickham Road widening project; accept a Temporary Construction Easement from Thomas Phillips; and waive Phase I Environmental Assessment, Deed and Plat restrictions, and Florida Power & Light Company, BellSouth, and Public Utility Easements for the parcels. Motion carried and ordered unanimously. (See pages for Contract, Easement, Partial Release of Mortgage, Joinder in Dedication of Easement, and Waiver Request.)
CONTRACT FOR
RE:
WIDENING PROJECT, BETWEEN
AND 192
Motion by Commissioner Colon, seconded by Commissioner Pritchard, to execute Contract for Sale and Purchase with Pinecrest Properties, LLC for Parcels 111 and 720 at $6,103 for the Wickham Road widening project; accept a Temporary Construction Easement from Pinecrest Properties; and waive Phase I Environmental Assessment, Deed and Plat restrictions, and Florida Power & Light Company, BellSouth, and Public Utility Easements for the parcels. Motion carried and ordered unanimously. (See pages for Contract, Easement, Partial Release of Mortgage, and Joinder in Dedication of Easement.)
DISCUSSION AND STAFF DIRECTION, RE: PINEDA CAUSEWAY REALIGNMENT
PROJECT
Commissioner Carlson stated the City of
DISCUSSION AND STAFF DIRECTION, RE: PINEDA CAUSEWAY REALIGNMENT
PROJECT (CONTINUED)
the County allow the City to purchase what it needs for the water tank and keep the remainder of the parcel, which would be about an acre.
Transportation Engineering Director John Denninghoff advised there are two issues; the appraisal is an April 2005 appraisal; so the question is does the Board want staff to operate with that or seek a new appraisal. He stated the appraisal process would be affected by the second issue and that is the City needs approximately one acre for its water tank; staff has looked at the ability to split the property into two one-acre parcels; that would work and both would be conforming lots; and the County could sell both acres to the City or just one acre. He stated if the County sells both acres, the City has an agreement with Holy Trinity giving it ten years to purchase the remaining acre; so if they split the property, they would probably have to update the appraisal or accept pro-rated value based on splitting it on an equal value per square foot.
Chair Voltz stated they need to update the appraisal as it is too old.
Commissioner Carlson stated she agrees with that and with splitting the property and giving the City what it needs at the going price. She stated the issue with Holy Trinity is that the City would require it to annex into the City; it has some concerns about that; and it is not sure it would have the money within the time span that the City would offer it up to purchase the one acre; and if it did not, it would go back to the City and the City would sell it for its own profit. She stated the Board might as well not give away the property; it has a potential to have it for a staging ground during the building of the Pineda Extension; and suggested staff ensure the Agreement with the City has a condition of the sale to make the property available for staging. She stated she wants to make it part of the agreement and not just a verbal agreement.
Mr. Denninghoff stated if the County sells one acre, it probably will not have a problem; they are trying to work it as a cooperative effort; and the City needs to get the tank constructed to improve its water service in the north end of its service area. Commissioner Carlson inquired if the City has a timeframe; with Mr. Denninghoff responding yes and no for the tank, but the water lines have to be reconstructed for the Pineda Extension so that the City’s utilities are out of the way of the roadway construction. He stated there is an issue there, and they are trying to dovetail those reconstruction efforts so resolution of the issue becomes important with respect to the County’s construction project as well as the City’s water tank. Commissioner Carlson inquired how close will the tank be to the Pineda Extension; with Mr. Denninghoff responding he does not recall the setback distance, but it is not right up on the road; it well exceeds all the setback requirements the County has for it, at least in the layout he has seen; and it was a preliminary or conceptual layout. He stated the City’s intention is to have an aesthetically pleasing architectural look to the structure so it is not going to look like a big tank sitting out there; and that would be part of the final contract staff will bring back to the Board. Mr. Denninghoff stated they also have some ideas, if it is split into two separate properties, to have a common driveway to reduce the number of driveways on the Pineda; the City will not be using its driveway very much; and it might be a benefit to the traveling public without hurting anyone. He stated staff thought about those issues but has not gone forward and negotiated those until this item came to the Board; and the City staff would also like to find out the Board’s disposition of the subject before they approach City Council.
DISCUSSION AND STAFF DIRECTION, RE: PINEDA CAUSEWAY REALIGNMENT
PROJECT (CONTINUED)
Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to authorize staff to obtain a new appraisal of the remainder parcel purchased for the Pineda Causeway Extension; split the property; work with the City of Melbourne for purchase and use of one acre; and ensure the property will be available as a staging ground during construction of the Pineda Causeway Realignment Project. Motion carried and ordered unanimously.
The meeting recessed at 11:34 a.m. for Executive Session and lunch, and reconvened at 1:00 p.m.
*Commissioner Carlson’s absence was noted at this time.
BINDING DEVELOPMENT PLAN AGREEMENT WITH GERALD R. WYLES, SR., AND
CAROLYN S. WYLES, TRUSTEES OF THE GERALD R. WYLES AND CAROLYN S.
WYLES TRUST, RE: PROPERTY LOCATED ON THE SOUTH SIDE OF BROADWAY
BOULEVARD, ADJACENT TO EAST SIDE OF
(CONTINUED)
Commissioner Scarborough advised Mr. Wyles submitted a Binding Development Plan that was not in accordance with the Board’s action; Mr. Enos met with Mr. Wyles and amended the Binding Development Plan that is now in complete conformity with the Board’s action; so it would be appropriate to take care of that.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to execute Binding Development Plan Agreement with Gerald R. Wyles, Sr., and Carolyn S. Wyles, Trustees of the Gerald R. Wyles and Carolyn S. Wyles Trust for property located on the south side of Broadway Boulevard adjacent to the east side of Florida East Coast Railroad. Motion carried and ordered unanimously. (See page for Binding Development Plan Agreement.)
*Commissioner Carlson’s presence was noted at this time.
RATIFICATION, RE: EXECUTIVE SESSION ON NORTH BREVARD HOSPITAL DISTRICT
AND NATIONAL
County Attorney Scott Knox advised the Board needs to ratify or put on the public record what it did in executive session regarding the North Brevard Hospital District v.
Commissioner Pritchard stated the motion he made was that the Board would pay the agreed upon price, which he believes was 60% of the amount billed for inmate care at one of the local hospitals. Chair Voltz stated both of the hospitals agreed to 60% of the bills.
RATIFICATION, RE: EXECUTIVE SESSION ON NORTH BREVARD HOSPITAL DISTRICT
AND NATIONAL UNION FIRE INSURANCE COMPANY (CONTINUED)
Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to authorize paying the agreed-upon prices of 60% of billed amounts for inmate care to the hospitals in the North Brevard Hospital District v.
Chair Voltz advised there is a second part of it. Mr. Knox stated it is
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to reject the offer from National Union Fire Insurance Company to settle the recovery of judgment incurred in the Maxwell case. Motion carried and ordered unanimously.
ACCEPTANCE OF DEED FROM
FISHER, RE:
RIGHT-OF-WAY
Motion by Commissioner Pritchard, seconded by Commissioner Colon, to accept a Deed from Clinton J. Kicinski, Larry G. Lewis, and Ray Fisher, for
right-of-way.Motion carried and ordered unanimously.(See pagefor Deed.)
RESOLUTION AND QUIT CLAIM DEED TO CITY OF
INTEREST IN REMNANT STRIPS OF LAND ON CITY-OWNED PROPERTY
Motion by Commissioner Colon, seconded by Commissioner Carlson, to adopt Resolution and execute Quit Claim Deed to the City of
RELEASE OF TEMPORARY EASEMENTS, RE:
Motion by Commissioner Scarborough, seconded by Commissioner Colon, to execute Release of Temporary Easements from L & B Investments, Inc. and Sherwood Associates, as the proposed subdivision was never developed. Motion carried and ordered unanimously. (See page for Release.)
APPROVAL OF REVISED POLICY BCC-24, RE: ACQUISITION OR EXCHANGE OF
REAL PROPERTY
Transportation Engineering Director John Denninghoff advised periodically staff reviews Board Policies; they have done that with Policy BCC-24, which is the policy regarding acquisition of property; and staff has proposed a number of changes, most of which he would characterize as housecleaning items. He stated there are seven items listed on the Agenda Report that were reviewed with the County Attorney’s staff and staff of various Departments involved with property acquisitions; and they are happy with it, with one exception. He stated the Policy still requires staff approach the Board prior to negotiating acquisitions; that requirement has in the past occasionally slowed down acquisitions and cost the taxpayers some money; staff is not suggesting they would not come back to the Board before the acquisition is completed; but they hope the Board will entertain the suggested change in language. Mr. Denninghoff presented copies of a document to the Board but not the Clerk; stated page 3, subparagraph (a), Acquisition and Exchange, has the underlined language modification, which states, “In the event that time is of the essence, the
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve revised Policy BCC-24, Acquisition or Exchange of Real Property, to expand the title to include dedication and donation, expand definitions of terms and references, include that acquisitions of $100,000 or more shall be placed on the agenda as new or unfinished business, and donations, dedications, and items less than $100,000 may be placed on the consent agenda; to add emergency acquisition provisions, to allow CIP improvements to be considered authorized for negotiations; title defects of user agency, after advertisement by the County Attorney, will determine if the defect can be waived after considering if the defect is significant and whether the defect will affect the intended use or value; and adding maintenance map recording. Motion carried and ordered; Commissioner Colon voted nay. (See page for Policy BCC-24.)
ACCEPT DRAINAGE EASEMENT FROM CAROL FERRELL, RE:
Commissioner Scarborough stated staff worked with the property owner to alleviate drainage problems; and thanked everybody and Ms. Ferrell for working with the County.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to accept permanent Drainage Easement from Carol Ferrell for
, and waive Phase I Environmental Assessment, Title Insurance, and Appraisal Report.Motion carried and ordered unanimously.(See pagefor Easement.)
REQUEST FOR GRANT FUNDING, RE:
STUDY
Natural Resources Management Director Ernie Brown requested $50,000 to complement a grant from Florida Fish and Wildlife Commission to perform a recreational boating study, which supports Resolution No. 06-025 to evaluate boating traffic patterns and identify possible siting of high-speed corridors and associated environmental impacts of siting those corridors. He stated Fish and Wildlife Commission has granted $51,000 to start the process; that portion of funding will only start the survey and identify and compile the data; and the funds they are asking for will aggregate that information and make it usable in GIS format to identify boating patterns and look at the economic and ecological impacts associated with those patterns. He stated funding sources staff identified as possible opportunities are the General Fund Contingency, 50% of available match funds for other grants, and using Boating Improvement funds that are specifically for boating studies. He noted it is a portion of the fees received from boater registration; and staff’s recommendation is to consider the fees from boater registration, as they can use 15% of those funds for boating studies.
Commissioner Pritchard inquired if there is money in the Boating Improvement Fund; with Mr. Brown responding yes. Commissioner Pritchard stated it is something the Board has to do; Fish and Wildlife Commission is giving a match; and he would move the item with the money coming from the Boating Improvement Fund.
Motion by Commissioner Pritchard, seconded by Commissioner Voltz, to approve allocation of $50,000 from the Boating Improvement Fund to augment the Florida Fish and Wildlife Conservation Commission’s grant for recreational boating study for
Chair Voltz stated the issue is out of the July meeting with 13 counties, so she is glad to see it happen and move forward.
REPORT, RE: FOAM IN
Commissioner Carlson inquired if Natural Resources Management Director Ernie Brown could give the Board a brief commentary on the foam issue that was reported all over the papers on the weekend. She stated there is going to be an Indian River Lagoon symposium put on by Florida Tech on Friday and Saturday; the Friday portion will cover a myriad of issues worked on by Florida Tech and other agencies outside of the University; and Saturday morning portion will start at 8:00 or 9:00 a.m., but people can call Florida Tech to find out.
Ernie Brown stated the Department of Environmental Protection has been taking samples to try and determine exactly what the cause for the foam is; about two weeks ago it was most prevalent on Saturday and Sunday where there was a high foam residue that lingered as a result of boat wakes; and this past weekend it was not that bad. He stated Department of Environmental Protection has determined it is primarily a phosphorus issue; the exact cause is unknown; and it is speculation as it relates to algae blooms and subsequent die offs or what
REPORT, RE: FOAM IN
they call nutrient loading as a result of wind shifts pushing up against he shore then pushing back out in a quick timeframe. He stated Department of Environmental Protection is doing a sampling to evaluate the cause; and the known factor is a high phosphorous content in the lagoon right now that is prompting that kind of results.
Commissioner Carlson stated the paper reported all the fresh water that had been dumped into the lagoon because of the hurricanes; with Mr. Brown responding it may be a contributing factor, but it is speculating at this point and not appropriate to make those kinds of comments. Commissioner Carlson inquired if the Board will get a report on what the finds are; with Mr. Brown responding affirmatively.
REPORT, RE: MID REACH PROJECT
Chair Voltz inquired where is the County on the Mid Reach project; and if the Corps of Engineers is dragging its feet, when is the County going to take it to task.
Natural Resources Management Director Ernie Brown advised it is a very complex and cumbersome process working with the Corps to get a large-scale beach renourishment project, which they have requested on two fronts, one of which is to get them to actually provide funds for it; and the Corps said if the County gets the funds, it may happen in 2009. Mr. Brown stated the Board directed staff to submit independent applications; they have been back and forth with the Corps extensively; and his staff has been to
Chair Voltz stated when they went to see the Governor last year, the Governor suggested that not just staff go to the Army Corps of Engineers in Jacksonville, but to take Congressmen, Senators, and Representatives and all go there at the same time to put pressure on the Corps to do something; and she knows there is going to be a meeting set up, and wants to know where that meeting is at this point. Mr. Brown stated they worked with Congressman Weldon’s office to try and find the opportune time to do that; what was asked of the County by the Corps in Jacksonville was to allow it to get those permits in and try to get some feedback from the other agencies, such as U.S. Fish and Wildlife and others that deal with input or comment on those permits; right now they are coming to a conclusion at the Jacksonville level; and that would probably be in the next month or two. He stated it is premature at this point to ask the federal legislators to inquire and ask questions because the data has not been compiled by
REPORT, RE: MID REACH PROJECT (CONTINUED)
other agencies. Chair Voltz stated the Governor said he would be more than happy to set up that meeting; and suggested they make sure they go ahead with that as the hurricane season is quickly approaching.
Commissioner Carlson stated it seems like a couple of years since they had a meeting in Jacksonville; back then they said they wanted to do the GRR; the County got the money for that; it was going to be two years from that point; and inquired where does that stand, and was it a study process in itself. Mr. Brown stated the GRR is a study to reincorporate the Mid Reach into the federal Shore Protection Project. Commissioner Carlson stated it requires a lot more science; with Mr. Brown responding it requires a lot more additional science; the County did the environmental impact study and paid for it; and that is at the Corps now for review. He stated staff has not gotten comments back from the Corps; he feels confident it will require additional information as is always the case with those kinds of projects; and it is a very arduous process. He stated he cannot tell the Board the amount of hours that his staff, especially Virginia Barker, spends trying to negotiate those avenues, which are quite cumbersome; and it is extraordinary how much time she has to spend to deal with it.
Chair Voltz stated she appreciates everything staff has done so far, and requested they keep plugging along. Mr. Brown stated they will work to set up that meeting in the next month or month and a half.
VARIANCE TO POLICY BCC-24, AND AUTHORIZE STAFF TO DISCUSS LAND
EXCHANGE, RE:
Commissioner Carlson stated the request is for a variance to Policy BCC-24, Acquisition or Exchange of Real Property, to authorize Parks and Recreation Department to discuss possible exchange of land with Mr. Paul Rufo, who holds options to purchase four outparcels in
VARIANCE TO POLICY BCC-24, AND AUTHORIZE STAFF TO DISCUSS LAND
EXCHANGE, RE:
Commissioner Scarborough stated basically this is the same as a variation of the Policy to allow staff to begin discussions with Mr. Rufo with the parameters Commissioner Carlson set out; and if so, he will second the motion.
Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to grant a variance to Policy BCC-24, Acquisition or Exchange of Real Property, Section III.D., and authorize Parks and Recreation Department staff to discuss the acquisition of
RESOLUTION, RE: QUALIFYING CONFIDENTIAL PROJECT (05-06) 1-2-9-E AS
ELIGIBLE BUSINESS UNDER COUNTY’S TAX ABATEMENT PROGRAM
Charles Smith described the business, expected number of employees, and the origin of the company. Chair Voltz welcomed the company to
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution qualifying Confidential Project (05-06) 1-2-9-E as an eligible business under the County’s Tax Abatement Program; requesting Economic Development Commission conduct an economic impact analysis; and requesting permission to advertise a public hearing to consider an ordinance exempting the Project from select County ad valorem taxes. Motion carried and ordered unanimously. (See page for Resolution No. 06-057.)
CONSIDERATION OF SPECIAL MAGISTRATE’S RECOMMENDED ORDER,
RE:
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to accept the Special Magistrate’s Recommended Order to grant vested rights to Newton Land Development-San Marino Estates regarding denial of a site plan because of wetlands impacts. Motion carried and ordered unanimously.
BOARD DIRECTION, RE: RENEWAL OF AGREEMENT WITH EDDY PAULEY AND
ISSUANCE OF NEW RFP FOR FEDERAL LOBBYING SERVICES
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Option 1, to renew the Agreement with Eddy Pauley beginning June 1, 2006 for one year with two optional renewal years. Motion carried and ordered unanimously. (See page for Agreement.)
BOARD DIRECTION, RE: RENEWAL OF AGREEMENT WITH EDDY PAULEY AND
ISSUANCE OF NEW RFP FOR FEDERAL LOBBYING SERVICES (CONTINUED)
Chair Voltz stated
ADDITION TO AGENDA, RE: STAFF RECOGNITION SECTION
Commissioner Pritchard stated recognition of staff is great and certificates should be signed by the Chair and presented to the employees.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to add a section on the agenda for staff recognition. Motion carried and ordered unanimously.
APPROVAL OF COMMERCIAL PAPER LOAN, RE: PURCHASE OF EMERGENCY 911
COMPUTER-AIDED DISPATCH SYSTEM
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve a commercial paper loan in an amount not to exceed $600,000 to purchase an Emergency 911 computer-aided dispatch system. Motion carried and ordered unanimously.
REPORT, RE: WILDFIRES/CONTROLLED BURNS
Chair Voltz advised Commissioner Pritchard brought up the fire situation this morning; and requested Chief Farmer address it.
Fire Chief Bill Farmer advised this is the season; the
REPORT, RE: WILDFIRES/CONTROLLED BURNS (CONTINUED)
sure unless they are discussing El Nino. He stated in 1998, it was too wet and they were scared that if a hurricane hit, they were all going to drown; and in a matter of four to six weeks, they were a desert and in the drought index was 700 to 800, which is not where they want to be. He stated that pattern has not set up that way yet; one thing that they do not like is they did not have frost this year; it is still not outside the realm of possibility as they had frost in March and early April in previous years; but it is not looking that way. He stated they like to have frost because it allows for easy and quick burns during the transition phase where there is still plenty of moisture to stop the fires from being explosive; they burn cleanly and leave the area for a nice growth to occur; and he does not think that pattern has set up as in 1998.
REPORT, RE: CONTROLLED BURN OFF BEACHLINE (SR 528)
Commissioner Colon stated she was coming back from Orlando and a controlled burn was ready to cross the Beachline; she was surprised that they felt confident and did not have anyone there, nor fire trucks to make sure the wind was not going to make it cross over; and it was disappointing because when she called 911 they said it is a controlled burn and not to worry about it. She stated it was not
Chief Bill Farmer assured the Board that Brevard County does not do that; it is confident with its prescriptions for burns, but those include sufficient equipment and staff in case the prescription goes south because Mother Nature decides to bring in the beach winds and things or a thunderstorm comes through and makes its own weather. He stated they do not set controlled fires and have under-staff or no equipment in the area.
PUBLIC HEARING, RE: ORDINANCE CREATING SECTION 106-6, EMERGENCY
SERVICES LIMITED ACCESS ROADWAY OBSTRUCTIONS AT RAILROAD
CROSSINGS
Chair Voltz called for the public hearing to consider an ordinance creating Section 106-6 of the Brevard County Code regarding emergency services limited access roadway obstructions at railroad crossings.
Mortimer Rothstein of Snug Harbor stated the residents feel they are lucky to have their exit on the west side of the railroad tracks because they have police and fire rescue; and advised of a train parked 50 yards south of Micco and two men who left the train, went to the store, and then returned. He stated this week there were two trains, one completely stopped for half an hour at Barefoot Bay; they are running three locomotives and maybe 100 cars on each train; and they do not go anywhere, so people can be unlucky to be in an ambulance with a heart attack at that time. He stated he went to the development off Senne Road and sat at the railroad crossing for 15 minutes and there was no train; he could see traffic going across Barefoot Bay Boulevard; and there were two vehicles behind him, one from Florida Power & Light Company and the
PUBLIC HEARING, RE: ORDINANCE CREATING SECTION 106-6, EMERGENCY
SERVICES LIMITED ACCESS ROADWAY OBSTRUCTIONS AT RAILROAD
CROSSINGS (CONTINUED)
other from BellSouth. He stated there are 253 acres of strip mining behind Snug Harbor and no vegetation; and advised of problems with oxygen machines, the wall put up before Hurricane Wilma being blown down, sugar sand piled up, breathing garbage, the company going bankrupt, land for sale, cost increase for the development, dirt on his porch, and trains holding up traffic until they get out of town.
Chair Voltz stated she was there after the hurricane and the fence did not hold up; she does not know how Code Enforcement or the Building Department allowed that to happen; the development is called Savannahs on
; and inquired if staff could find out what it is.She stated Mr. Rothstein is right about the train, but the other is a separate health issue.
Mike Cunningham of Micco thanked Mr. Knox and his staff; stated two and a half years ago he brought the ordinance back from Broward County, and knew at that time it was going to be a problem; it is not their intention to impinge upon interstate commerce; and their primary concern is safety, and protection of life, property, health, and welfare of the citizens. He stated the community has almost 20,000 people and is bisected by the railroad tracks; unfortunately, their public safety facilities are located on one side of the tracks; and they had trains blocking the four main intersections at one time. He stated
is involved in it; he was on at 2:00 a.m., someone else was between and witha walkie-talkie, and all three were blocked; and with ten more cars, all four would have been blocked.He stated it does not make a difference right now with Senne Road because there is nobody living there, but there will be; to get out of what was Crystal Bay, they have only one way; there were times people were stuck at railroad crossings for up to 40 minutes; and they are unfortunate because they live in an area where FEC has a holding site and double tracks with two trains passing each other at two miles an hour with 150 cars on each train.Mr. Cunningham stated their main concern is health, safety, and protection of life and property; they are not asking for a fire station or Sheriff’s precinct east of the tracks or for FEC to build a facility like that; all they need is emphasis on the safety of the community; and trains blocking crossings have been a problem.He advised of an incident where a man and his children got fed up waiting at the Micco Road crossing, went around the gates, and met a train; the children were ejected; the fire station less than three blocks to the north could not get to the scene where the children were and had to go around to Fleming Grant Road, to Holly Street, which luckily was not blocked, then to U.S. 1; and fortunately they all survived.Mr. Cunningham stated they would like to cut down the incidents in their favor; if the Board can do something with the proposed ordinance, it should get it done and work with FEC, which indicated it will work with the County; and the Board should give it a chance, but take care of its citizens first.
Paul Barker of Micco stated his concern is the Holly Street crossing not being included in the ordinance; all the trains that have stopped him at Holly Street crossing were headed north; and if the three crossings north of Holly Street cannot be blocked, then Holly Street will be blocked even more. He stated Fire Rescue vehicles leave Barefoot Bay, go down U.S. 1, come to Holly Street, and if they cannot cross, go back to Micco Road and Fleming Grant Road, and come around to the west side of Holly Street, which takes an extra 18 minutes; and when they leave if
PUBLIC HEARING, RE: ORDINANCE CREATING SECTION 106-6, EMERGENCY
SERVICES LIMITED ACCESS ROADWAY OBSTRUCTIONS AT RAILROAD
CROSSINGS (CONTINUED)
the exit is still closed, it takes another 12 minutes to get back to U.S. 1; so it would be 30-minute delay . He stated minutes and seconds are important with emergency vehicles; and he would like to see
crossing included in the ordinance.
Chair Voltz advised she distributed some information on
from Wally Kramer asking it be added; and referred it to the County Attorney to see if that can be done.Assistant County Attorney Terri Jones stated she will give the Board the background of where they are.Mr. Barker stated if one crossing has to be left out, he would prefer it be .
Ms. Jones stated the federal government regulates most railroad activities; it only gives local governments a small loophole to regulate; it has to do with local safety hazards; governments cannot block or interfere with interstate commerce; and the federal government is not actively regulating that activity, but regulates speed of trains and length of trains. She stated the Board cannot control those; the only thing it can control is a parked train in the railroad crossing; the case law she has seen is not very good for local government, but there was one case on access where the Board can regulate that if it is a local safety hazard. She stated as far as adding another street, that is the Board’s determination whether
is a local safety hazard; it has to be unique up and down the line; and Barefoot Bay obviously is unique as it is a large mobile home community with an elderly population.
Chair Voltz inquired should the Board decide there are four streets in question; if it decides on three streets and finds there is a problem, can it go back and add a street; and does it have to do a full public hearing to do that. She stated while there is only one access on
right now and there are no people there right now, they do not know how long it will take for that area to be developed.
Ms. Jones stated the ordinance is designed for the future because it is designed to add streets or take away streets; but the Board has to go through an ordinance change to add or subtract streets; and that requires a public hearing. She stated she does not see a problem adding Holly Street if the Board finds that is also a unique situation like Barefoot Bay; if FEC wants to fight the County, it is going to be fighting on all four fronts; but if it starts adding more streets, the likelihood is going to be less; so three or four streets is not going to make much of a difference, but adding more and more up and down the line could lose the uniqueness of the area.
Fire Rescue Director Chief William Farmer stated he views the South Brevard area and some parts of North Brevard as very unique in and of themselves because access is so limited; and the Holly Street issue is fairly simple because if FEC has to be careful of what intersections it blocks, it is going to back the trains up. He stated they did a six-month review of delays and had 18 delays; 50% were what they would call critical, highly traumatized, stroke, and cardiac arrest patients; the average delay was four minutes, but they had several that were critical; and a heart attack patient’s delay was almost seven minutes. He stated the American Heart Association says that for every ten minutes there is delay of ALS or taking care of the heart condition, there is 10% reduction in that person surviving the event; so if there is a six-minute
PUBLIC HEARING, RE: ORDINANCE CREATING SECTION 106-6, EMERGENCY
SERVICES LIMITED ACCESS ROADWAY OBSTRUCTIONS AT RAILROAD
CROSSINGS (CONTINUED)
delay getting to a doctor who could save the heart tissue, there is 60% chance of that person walking out of the hospital and back to his or her normal lifestyle. He stated it is closer to 20 minutes to go around to
to get to ; so that person may not survive.
Chair Voltz stated it is not just a matter of how quick they get to the hospital, it is what their quality of life is going to be; and inquired if a person has a stroke, and EMS gets that person to the hospital and saves his or her life, what kind of quality of life is that person going to have because EMS could not get the patient there a few minutes sooner. Mr. Farmer stated there is a chance they would not be able to do the things they did before their heart attack, so he has no problem arguing the fact that the area is unique on how the access is. He stated they have attempted other means to fix the issue; they tried to work with FEC hotlines so they can notify the County of stopped trains, but that did not work; so the Board needs to look at something stronger to show it is responsible to its citizens.
Motion by Commissioner Scarborough, seconded by Commissioner Colon, to adopt an Ordinance of the Board of County Commissioners of Brevard County, Florida, creating Section 106.6 of the Brevard County Code regarding emergency services limited access roadway obstructions at railroad crossings; providing for definitions; providing for designation of certain roads to be emergency services limited access roadways; providing for prohibitions; providing for conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in the Code; and providing for an effective date, amended to include Holly Street.
Chair Voltz stated some people have asked how the County is going to enforce the Ordinance and what are the issues; with Ms. Jones responding enforcement is not going to be easy; there is a Code Enforcement process; part of her suggestion is for staff to work with Barefoot Bay Code Enforcement that will be there because if people called Code Enforcement in Viera, there is a likelihood the officers would not be able to get there in time. She stated a Barefoot Bay
Code Enforcement officer could be the point person to do affidavits to say the trains stopped; if FEC does not respond, she would suggested telling it the Board passed the Ordinance; it was notified the ordinance was coming up; and if it does not comply, staff can go the injunction route like any other Code Enforcement problem.
Chair Voltz called for a vote on the motion. Motion carried and ordered unanimously. (See page
for Ordinance No. 06-12.)
Chair Voltz stated as long as the trains are moving, there is nothing the County can do, only if they are stopped on the tracks.
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC.
Bette Danse of
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
teamwork came into fruition in the form of the Recycling Citizens Advisory Committee; it was the Committee that requested the school system start up a limited recycling program; and now the students take what they learn home and more families are recycling. She stated thanks to the Committee, there are recycling containers in the government buildings and a green procurement policy for purchasing, which saves money; things have happened because of the Committee, yet the Board took no action on the committee’s recommendations on February 21; and thanked Vice Chair Amy Tidd for presenting the report. Ms. Danse stated most of the members of the Committee are hardworking people willing to spend time to help the Board, but the Board wants to do away with them and took no action; she is not going to be on the Committee any more; and she does not have a personal agenda other than wanting the best environment for the County. She stated Commissioner Pritchard is from
Steve Lengefeld of Titusville, SP Recycling Florida Material Manager, stated the company has been processing the material for the south end of the County for over 15 years and made substantial investments in building, equipment, personnel, subcontractors, etc.; there have been questions about recycling in the County; and since the landmark legislation was passed in 1988, many in the paper, can, and plastic industries have made enormous capital investments in order to manufacture products made from recovered materials to close the loop. He stated they have a 100% recycle content newsprint mill in Dublin, Georgia and spent hundreds of millions of dollars over the years that have made it possible to purchase over 300,000 tons of old newspapers a year out of the State of Florida alone; without the investment, it is very possible they might not even be here this morning to discuss this issue; and the benefits of collecting, processing, and manufacturing, which is recycling, cannot always be immediately measured by the pocketbooks. Mr. Lengefeld stated recycling aluminum is much more energy efficient than manufacturing from virgin materials; for every ton of old newspapers that is processed, 16 trees are left standing, a process that again saves an enormous amount of energy versus making paper out of virgin fiber; and that in turn will reduce greenhouse gas emissions, a subject that has gotten a lot of national attention recently. He stated those are two examples that have national as well as global implications that should not be discounted; if in two and a half years the County wants to look at doing things differently, his company and Progressive are committed to the residents of Brevard County and are more than willing to meet with the County officials to review potential alternatives to current programs, whether it be method of collection, types of materials collected, processing, marketing of materials, or who does the marketing. He encouraged the Board to continue recycling in the County.
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
Commissioner Carlson inquired if Mr. Lengefeld has contracts with cities as well; with Mr. Lengefeld responding they process recycled materials for Waste Management.
Maureen Parent of
Amy Tidd of Rockledge stated she enjoyed her time on the Recycling Committee; over three years they worked to look at the recycling program and many of their suggestions were implemented by the Board; and actually all of them save the County money. She stated one suggestion the Committee made on the concrete brings in over a million dollars a year and that was implemented because of the Committee’s suggestion; one of the other suggestions was the green procurement program; in buying energy efficient appliances they are going to save many dollars over the years; so the Committee’s recommendations have brought a lot to the County’s bottom line and cost nothing because they were all volunteers. Ms. Tidd stated recycling is supported by many citizens; a participation audit was done a few years ago talking about how many homes set out recycling bins; it ranged from 41% on Fridays to 65% on Mondays, depending on the area; and they went back and did it on a different week to give the Board a feel of how many people set out recycling bins, which is a significant amount. She stated when she started on the Committee, people who did not put out recycling bins had two trash cans to her one trash can; so recycled materials are taken to the dump whether or not they are recycled. She stated she supports curbside recycling; it saves landfill space; and they can do more to save more landfill space by recycling cardboard. She stated on September 18 the contract expires; there could be ways to improve the program; and requested the Board not take away the program because it is cost efficient, saves jobs and landfill space, and has an overall benefit to the environment. She stated the energy saved from one recycled aluminum can will operate a television set for three hours; Americans produce 154 million tons of garbage a year, enough to fill the New Orleans Superdome from top to bottom twice a day every day; 50% of the garbage is recyclable; so the Board can imagine if the County increases recycling by cost
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
efficient means what it can save in landfill space. She suggested the contract not be renegotiated at this time and be kept until its expiration, as the County lost money before by renegotiating the EEL’s contract. She noted it is a very important program.
Maureen Rupe of Port St. John urged the Board to keep the curbside pickup in the County’s recycling program after the contract ends in 2008. She stated Florida Department of Environmental Protection’s report titled Florida’s Recycling and Litter Programs, states, “Areas where recycling has been successful, residential curbside recycling, the fact that many counties did not achieve the goals does not mean the effort was futile. Instead it is clear that the current programs provided a major stimulus to the establishment of residential curbside recycling in
Craig Yodar, President of Progressive Recycling, stated if the Board has any questions for him, it has his number, and it should feel free to give him a call.
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
Jay Schenck of Rockledge, owner of Schenck Company, stated he is in the beverage business and always worried about the forced deposit bill of ten cents on a can of soda or beer because next it will be on a bottle of baby’s milk, soup, etc.; and the wisdom of curbside recycling eliminated forced deposit. He stated he had the privilege of serving on Keep Brevard Beautiful and watched it progress; they received notice a year ago they can recycle steel cans now; so at his house he has two bins because of the dog food and soup cans. He requested the Board give curbside recycling a chance; stated it does a lot of good; the children are more in tune to recycling; and it is an interesting process. He advised of his dad throwing a cellophane wrapper out of the car window and he asked him why he did that since they created a littering bill; so it is a matter of education. He stated it has an opportunity to work; he would hate to see a deposit bill; and the State let them go into recycling to avoid the deposit bill.
Michael Shafer of Merritt Island stated he is a chemical engineer by profession and worked with Brevard Recycling for the last two years; the bottom line in his view is that Brevard County is wasting the taxpayers money by recycling; if they run the tangible side of it, they can prove that because the returns at the counter, soda cans and so forth do not match the cost; and on a tangible basis, it is a loser. He stated there are other things like sewerage that have no return; the Board needs to think about the intangible side of it; someone brought up the number of trees saved; pulp and paper is his expertise; and that is why he volunteered for the Committee. He stated it has changed enormously in the 50 years he has been in the business; and at one time they had a lot more containers made out of paper than they have today because it has gone to plastic. He stated before it was glass bottles; there was a glass bottle plant in every major city in the ; but there are none in
Commissioner Pritchard thanked Mr. Shafer for the many informative conversations they had because he is accurate, on point, and right; and he appreciates that. He stated when he came into office, one thing he said was he was going to question everything; he pretty much has; he does not think he disappointed anyone by not really going after whatever it is that he finds at that moment; and some of the people may be surprised to find out he recycles and has been recycling since the early 1980’s when it started in Broward County. He stated they had blue and yellow containers with Southern Sanitation on them; but the question is giving the taxpayer the
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
most bang for his buck. He stated he happens to disagree with Jay Schenck on the deposit; a bottle bill would be good; ten cents on bottles is a great idea because he recalls when he was a kid it was two cents on a small bottle and five cents on a large bottle; and that is where he got his candy and comic book money; so the County could have little entrepreneurs. He stated the recycling industry is a business; it is subsidized by government, but so are cotton farming and other forms of agriculture; and it is expected to be subsidized because it does not pay for itself. He stated golf courses are losing $500,000 a year; and inquired how much is the County getting back on its parks. He stated there is a level of responsibility that most people take as individuals; and he still has more requests he is going to be making of the
George Geletko with Waste Management, advised there is a better way to do it with new technologies; Brevard County was one of the first counties to start recycling in the late 1980’s; they are still using the same method of collection and processing; but today most municipalities and governments are going to the one sort system where they have a MRF (Material Recovery Facility) available. He stated everything is put on a conveyor belt; the green glass shoots out one way, and clear glass and aluminum cans are separate; and with that system it is much more efficient and gives better customer service because they can collect more when the volumes build up during storms. He stated they can expand recycling into magazines and cardboard, paperboard, packaging, telephone books, etc.; and the reason for that is because they can put it into a packer truck that packs everything together. Mr. Geletko stated the trucks will collect more than what they are collecting now with the six sort system; what they have right now is six bins; and as soon as one of the bins fills up, they go to the MRF; so those trucks are carting material 70% full. He stated they did some test programs in
Commissioner Pritchard stated the one arm bandit is generally for trash, but could be for recyclables; they could have a yellow 40-gallon tub that the bandit could dump into the truck; they would have the separator to do that; and there has to be a way to do it that would improve the amount of product they can provide to recyclers and what the recyclers will pay additional for that the taxpayers do not have to pay. Mr. Geletko stated the savings is in the cost of collection because they could cut their fleet by about 40%, so there would be a savings in fossil fuel as well. Commissioner Pritchard stated the assumption is they could create a program that
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
is cost effective and provides less cost to the taxpayers, enhances recycling, and provide more product to the companies in the business, so everybody wins. Mr. Geletko stated a year ago they could not do that because they did not have a facility available; but today they have a facility in
Commissioner Carlson inquired if
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
Commissioner Carlson stated she lives in Melbourne and has three bins; and inquired how is that compared to the amount Waste Management would collect as far as poundage or whatever; with Mr. Geletko responding those are 14-gallon bins so Commissioner Carlson would have 42 gallons. Commissioner Carlson inquired if Mr. Geletko is talking about additional capacity and only collecting every other week; with Mr. Geletko responding exactly. Commissioner Carlson inquired if Mr. Geletko sees that coming out ahead and having more people recycling; with Mr. Geletko responding he can see those people putting those bins out every other week at about 100%. Chair Voltz stated her bins are not full when she puts them out. Mr. Geletko stated his situation is the same, and they put them out every three weeks.
Commissioner Colon stated it goes back to perception the Board is giving the community; she does not want the folks to think, when it is all said and done, that there is going to be a tremendous savings because that is not the case. She stated gas is going up; what they are trying to do is improve the service; but to try and tell the citizens there is going to be a big savings, that is not going to be the case. She stated she likes to be upfront with her bosses. She stated the most important part of this discussion is that it is important for the community to recycle and for the Board to send a clear message that they need to do more of it. She encouraged the collectors to make it easier for them to recycle to have that participation; stated she has seen the numbers of what other communities are paying; and she does not want to give false expectations to her bosses that the price is going down based on the numbers that other communities are paying.
Mr. Geletko stated when they did the performa in 2002 for the 2003 Contract, they looked at a ten-year period; back then fuel was $1.25 a gallon; and never once did he imagine he would be paying $3.00 a gallon for fuel in 2005. He stated the trucks burn four to five gallons per hour and are out there an average of ten hours a day; with storms they are out there 15 hours a day; and that is a good number to try and overcome. He stated the Contract with Brevard County has the minimal CPI over the last year, so it is at a very competitive level; in 2003 Brevard County collection program and pricing was in the lower 5% of the State; and since then, the price has not increased that much, so it is prudent for them to get more efficient and recycle as much as they can.
Commissioner Pritchard stated that is his point; if they continue the program as it is, the cost is going to increase; what Waste Management needs to do is a better level of service and make it more cost efficient; Mr. Geletko cannot compare what the County is paying today because gas is not $1.25 a gallon any more; and it is not going to be $1.25 a gallon if the program is continued. Chair Voltz stated curbside is important, but new technology needs to be looked at; and Mr. Geletko does that, so that is something the Board needs to consider. Commissioner Pritchard stated Dr. Bradford has a vision of the plasma furnace that has been implemented in other countries to see how it will work; technology is moving in that direction; they will literally be able to vaporize anything and produce hydrogen or methane or something from it; and that is the fuel of the future, but moving towards it is taking a while because it is extremely expensive. He stated people are not buying hybrid cars because of the cost; landfills will be gone because they will start burning what is in the landfills; and in 20 to 25 years it is going in that direction and Waste Management will be leading the charge.
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
Commissioner Carlson inquired if there is any county in the State that has an all inclusive contract with a trash hauler, which is all the cities and the county working together for an economy of scale situation to save money; with Mr. Geletko responding he cannot think of any at this time. Commissioner Carlson inquired if there is one in the
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize negotiations of additional extension of the Contracts with Waste Management, Inc. for the North and South franchise areas; and designate a negotiating committee comprised of the
Commissioner Scarborough stated he met with Mr. Geletko; he would like to get another clam truck in
Commissioner Colon stated it is the Board’s job to support another Commissioner so she supports Commissioner Scarborough; she feels confident Waste Management employees are people of their word; and asked Mr. Geletko to tell his employees how much she appreciates them. She stated what they do is extremely difficult especially when it is really hot; and she
BOARD DIRECTION, RE: SOLID WASTE COLLECTION FRANCHISE AGREEMENTS
WITH WASTE MANAGEMENT, INC. (CONTINUED)
appreciates the commitment and community support given by Waste Management. She stated it is not only about taking, it is giving back; Waste Management does a lot of that; and she wants to thank Mr. Geletko and his employees publicly.
Commissioner Pritchard stated he walked the walk and had the privilege of driving a garbage truck just to see what it was all about when the city went on strike and decided the Fire Department would be good to do it. He stated people took their trash and literally dumped it in front of the fire stations; they had to drive through it or move it out of the way; so he empathizes with the drivers. He stated debris like branches is supposed to be at curbside in front of the property and not on vacant lots even if the lot is owned by the homeowner next door because the drivers will not pick it up. He stated it cannot be in the back or under the power lines and has to be out front; but one thing Waste Management could improve is the route drivers’ notification to the office when they see a pile of debris that is too big for them to pick up, which he does not think they have been doing all the time; and requested Mr. Geletko follow up on that; with Mr. Geletko responding affirmatively. Mr. Geletko stated they are in the process of implementing an education program that will help with the process; and he and Commissioner Scarborough had conversations about that. Chair Voltz stated they talked about the same thing and how education is vitally important to citizens because when she has gotten complaints, she asked if it was a mixed pile; and they were unaware of that.
Commissioner Carlson inquired if it includes the recyclers and County staff to get the word out on recycling and get more bang for marketing. She stated it is difficult to get it out there and in the schools and anywhere else it needs to go.
Chair Voltz advised the motion includes the caveat that Commissioner Scarborough suggested; and called for a vote on the motion. Motion carried and ordered unanimously.
Craig Yodar of Progressive Recycling stated he has concerns that they have a recycling infrastructure set up in the County and the two processors in the last three years have put about $2 million in capital expenditures in Brevard County; so the discussion that is going to come up on recycling should include the processors. Chair Voltz stated she agrees that they should be part of the process. Commissioner Carlson stated that goes without saying because methods are going to change to save money and the recyclers will have to deal with that as well.
The meeting recessed at 2:51 p.m., and reconvened at 2:57 p.m.
DISCUSSION, RE: APPOINTMENTS TO
JOHN DEPENDENT SPECIAL
DISTRICT BOARD CONSISTENT WITH ORDINANCE NO. 01-04
Commissioner Scarborough stated the Supervisor of Elections brought the appointments to the Port St. John Dependent Special District Board to his attention; they have elections and the
DISCUSSION, RE: APPOINTMENTS TO
JOHN DEPENDENT SPECIAL
DISTRICT BOARD CONSISTENT WITH ORDINANCE NO. 01-04 (CONTINUED)
Board fills the vacancies if they are not elected; but when it does the appointments, it does not designate which people are going to serve two years or four years. He stated in speaking with County Manager Peggy Busacca, he feels rather than the Board getting involved in personalities and having everybody come up, it should take a cup and put two years and four years on pieces of papers and let the board members draw; and that way they would basically be making the decision themselves. He stated he would welcome any other ideas if somebody has a better way to do it.
Chair Voltz stated the Supervisor of Elections said, “considering the difficulty we have had in getting candidates to qualify for these seats, and the frequent need for Commissioners to appoint board members, we would recommend consideration as to whether or not there is justification for the Port St. John Governing Board to continue to exist as an elected board.”
Commissioner Scarborough stated the Board promised the board that it would have a straw ballot in Port St. John as to that issue come November. He stated nobody is here today and he would hate to add an additional issue to the agenda when they were not advised of it. Chair Voltz stated it was part of the Agenda item; and it has always been her contention. Commissioner Scarborough stated the Board can decide to go in that direction if it wants to, but right now he would prefer to answer the question as to the terms and bring something back because the Board did promise something to the members. He stated the Board will discuss fully with everybody the straw ballot structure for the fall.
Commissioner Pritchard stated this issue has come up a couple of times; if the straw vote is very supporting of maintaining an elected board, then he would hope those who vote in favor of it would consider becoming elected board members so that they do not have to go through this drill every couple of years when there are not enough applicants to fill the seats. Chair Voltz stated she does not know how the Board would get around that; and inquired if they vote in favor of it and the Board still does not have any board members, then what does it do. She stated that is something that needs to be addressed.
Commissioner Scarborough stated he did not realize it when the Board did it that when they run for office there are a lot more requirements; they have to do a financial disclosure; a lot of people do not realize that as an elected official all their financial affairs are public records; people get to know any other sources of income, assets they own, etc.; and somebody who is serving on a board that may hear a half dozen zoning requests a year would reconsider running for election. He stated in making it an elected board, the Board made it a great deal more difficult for people to say it is worth the effort; he has heard of people walking into the Supervisor of Elections Office wanting to qualify and after they are told what they need to do to qualify for office, decide not to run; and there is also a group that has gone through the effort of being elected and feel they have gone through it and have certain rights to continue on. He stated then there is the failure of the system as a whole, so that will come back at a later time if it is okay with the Board. He stated his motion will be to allow the board members to draw their term limits when they have their next meeting.
DISCUSSION, RE: APPOINTMENTS TO
JOHN DEPENDENT SPECIAL
DISTRICT BOARD CONSISTENT WITH ORDINANCE NO. 01-04 (CONTINUED)
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to allow members of the Port St. John Dependent Special District Board to draw for term limits at its next meeting. Motion carried and ordered unanimously.
Commissioner Pritchard stated because of the requirements of elected office, even though those folks do not need to fill out the significant financial disclosures as Commissioners do, they still have to fill out a financial disclosure; he heard of one of the appointed officials who became appointed by the Governor after selection by the Board had omitted a social security income on his financial disclosure; and now he is going through all kinds of hassles with the Ethics Commission. He stated people who hear about that say they do not want to be part of it; and there are a lot of other people who would like to be involved with government who say they are not going to disclose what their financial assets are. He stated the board might be able to get better people if it was an appointed and not elected board.
Commissioner Scarborough stated that may be what the Board will see, but right now he has to deal with certain members who did jump through the hoops, spent the money, campaigned, and ran for election; and the Board has an obligation not to abandon them. He stated there is possibly a way to shift them over automatically to appointed, but that is what the Board has to deal with next.
APPROVAL OF SETTLEMENT AGREEMENT, RE: VERO-PITTSBURGH PARTNERS,
LLC v.
Commissioner Scarborough recommended the Board not approve the settlement agreement; advised there is potential for the issue being resolved; and the Board cannot take action dealing with zoning at this meeting, but it could allow re-advertising without the waiting period.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to waive the six-months waiting period for Vero-Pittsburgh Partners, LLC to return with a revised proposal for rezoning in response to the recent denial of its application to rezone property leased to Sherwood Forest Golf Club to high-density residential use; and authorize advertising a public hearing to consider the rezoning. Motion carried and ordered unanimously.
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
Jade Batchelor, landowner at 6705 Outback Road in Section 20 of West Canaveral Groves stated he talked to Commissioner Scarborough and Commissioner Carlson and thanked them for meeting with him; advised he is not here just about a building permit for a new home on his property, but for many of the citizens in Section 20 of West Canaveral Groves who feel the Ordinance for granting building permits is old and not changing with the times; and there needs
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
to be some revision to the Ordinance that is on the books. He stated the Ordinance requires Quitclaim Deeds for rights-of-way; they are not getting done in Section 20 of West Canaveral Groves; therefore, the growth and development has been stagnant for a number of years. He stated he got eight Quitclaim Deeds, but had to do certified letters to landowners between his property and the County road of Satellite Boulevard; that all got done because he was proactive; but the County does not have a good system in place to notify landowners about the quitclaim deeds that are required for getting building permits or educate them about the deeds. He stated many landowners do not know that the quitclaim deeds are required to get building permits, roads, and utility improvements; and after meeting with Susan Wellen of the Land Acquisition Office and discussing and observing her Section 20 map, he realized many landowners have not done quitclaim deeds for their lots because they were not notified, they were new landowners who bought land from previous landowners that were trying to get rid of them, or they were not educated about the deeds for rights-of-way. He stated ignorance brings fear and fear causes nothing to happen; in a few cases, people refused to sign the deeds because they do not want the County inconveniencing their lifestyle; those folks have been a little bit selfish by preventing new landowners from getting permits; therefore, he is requesting another County solution for the quitclaim deeds for rights-of-way that is not getting done for Section 20. Mr. Batchelor stated one solution is an MSBU proposal for Section 20 of West Canaveral Groves to be pushed through and passed as soon as possible; therefore, he is requesting the MSBU ordinance be in place for Section 20 because (1) landowners like himself are being singled out to pay for a huge stretch of roadway construction according to County specifications for land development before being given a building permit by the Building Department; (2) many landowners are sitting on their land and unable to do anything with it because they are unable to get building permits; (3) certain landowners who have been living there for years are being stubborn and refusing to sign anything from the County, which has a major impact on new landowners who are sharing the same roadway; and it impedes roadway improvements and stops neighbors from getting building permits to improve their land. He stated the Ordinance causes major problems for new landowners trying to get permits to build on their land; the Ordinance has a double standard when it comes to pulling permits; and it has a grandfather clause that if they had an RV or trailer on a piece of land between 1995 and 2002, they can pull permits. Mr. Batchelor stated his neighbor at
got his permit to build in 2004, was not responsible for the road, and claimed it was grandfathered; and if the clause is in the Ordinance, it is prejudiced towards new landowners.He stated another landowner at 6839 Terrilee Road built his home without a permit, got caught in 2005, and the County fined him for no permit; and the man paid the find and lives 500 feet off the County Road but is not responsible for constructing Terrilee Road to the County road.He stated Mr. Ed Lyon told him he is responsible for construction of according to County specs just for a new home permit; and he feels it is a little bit wrong for the Ordinance to say he is responsible for the road when there are 21 landowners on the road and five have homes on their properties.He stated the road is being used every day by five landowners; and inquired why Building Code singled him out for the cost of constructing .He stated what has not happened for a couple of years is the MSBU system was not set up; and requested the Ordinance be revised to put a fair system in place for issuing building permits in Section 20 of West Canaveral Groves.He stated if the County requires ’s construction in order for him to get a
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
building permit, that is fine; and he is willing to improve the road, but not to County specs because the cost of 1,200 feet is going to be about $65,000. He stated he has his loan with Harbor Federal that covers the home, driveway, and landscaping, but not 1,200 feet of roadway; he will be happy to improve the road, but not to County specs; and suggested an MSBU dirt road ordinance be passed for Section 20 so the landowners will be able to get building permits and proceed to improve their land for growth and development of the area. He stated Palm Bay has homes being constructed every day under a dirt road Ordinance, which creates tax revenue; many landowners want building permits in Section 20 but the Ordinance is stopping them from building; there have been tremendous complaints from landowners who are unable to get permits for their land in Section 20; and the current Ordinance is stopping West Canaveral Groves from growing and bringing in tax revenue for the County. He stated for months he has been requesting a building permit to build a home at 6705 Outback Road; he has the Quitclaim Deeds for the rights-of-way, a bank loan, and Notice of Commencement; he spent $4,000 in preparation for the new home; and he is now ready to build but the Ordinance is stopping him.
Commissioner Scarborough stated he spoke with Mr. Batchelor; he has done his homework and has the Quitclaim Deeds; the Board has already voted to have staff work on a dirt road ordinance; and Road and Bridge Director Billy Osborne said he would have something back to the Board. Mr. Osborne stated all the staff involved in putting the ordinance together will meet on March 13, 2006; and he hopes within 30 days from then they will have it back to the Board. Commissioner Scarborough stated he met with staff and there are some issues the Board will have to make some decisions on because they are walking new ground; Mr. Batchelor has faced the problem of having to construct the road for all his neighbors in order to go forward with building his home; and that is fundamentally unfair. He stated the Board is considering using the MSBU system for dirt roads; there are unusual things that will be discussed; and as they get into it, Mr. Batchelor should be allowed to review the ordinance. Mr. Batchelor stated he is glad to hear that.
Commissioner Carlson stated even though the Board is looking at a dirt road MSBU, it does not mean Mr. Batchelor can get all the folks who gave him Quitclaim Deeds to agree to pay for their portion. Mr. Batchelor stated they will be happy to do a dirt road MSBU, but asphalt is a big chunk of change and there might be some reservation.
Commissioner Scarborough stated there is a lot more to it than the Board understands; a person like Mr. Batchelor is not going to put up $65,000 to do the whole road; and inquired how many landowners would be involved in the MSBU; with Mr. Batchelor responding eight. Commissioner Scarborough stated if they divide by eight then divide by ten, which is the number of years to pay it off, it lowers the numbers to about less than $1,000 a year to pull a permit; and having a lot that one can pull a permit on is worth at least $1,000. He stated it is something that would be fair to everybody and is going to work for the County because it will have roads it can maintain; that is important because of fire and
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
Commissioner Pritchard stated a couple of years ago the issue of Canaveral Groves off Satellite Boulevard came up; Commissioner Colon described the neighborhood; he has spent time out there; and what he found is a lot of the folks are managing growth by denying other property owners the ability to get building permits because their properties go to the middle of the road, which is more or less an easement. He inquired if that is correct; with Permitting and Enforcement Director Ed Lyon responding the majority of them are more or less ingress/egress easements and the people own to the middle of the easements. Commissioner Pritchard inquired what is the rule of thumb, and can they do three or four homes before it trips the requirement for improving the road; with Mr. Lyon responding the County requires the right-of-way to be deeded over; and the unpaved road Ordinance is the only means for development. Commissioner Pritchard stated as he recalls, the first three homes can get building permits; with Commissioner Scarborough responding not in this particular case as there is no right-of-way. Commissioner Pritchard stated a fellow brought it to the Board’s attention a couple of yeas ago that the first three homes were able to get building permits and did not fall in the two-week window made available in the mid-1980’s. Ms. Busacca stated some people do get easements from their neighbors for access to their properties. Commissioner Pritchard stated because some of those easements are only agreed to by some neighbors to other neighbors, it excludes others who have property and cannot build; and inquired if there is something that can be done similar to the MSBU dirt road ordinance to provide an easement or whatever might be necessary so those who have properties on the roads can get building permits. Commissioner Scarborough stated the County wrote to a lot of people in West Canaveral Groves and asked for those rights, but that did not happen; but the County could go into condemnation proceedings for those roads, which would be the practical way to do it en masse. County Attorney Scott Knox stated it would be practical for the Board.
Ms. Busacca stated there is another issue involved; the St. Johns River Water Management District has told the County if it puts roads in that area, it will open it up for development and have significant impacts on wetlands; therefore, the County would be required to do wetland mitigation. She stated several years ago staff estimated the cost of that to be several million dollars; and they were looking at a significant amount of money per individual just for mitigation.
Commissioner Carlson inquired as people develop individually, how does the County look at environmental effects, and does it have to look at the entire area to do mitigation fees; with Ms. Busacca responding the County is being required to look at the entire area; individuals have come in for the roads and St. Johns River Water Management District looked at them differently; the St. Johns River Water Management District may have made a different determination recently; but several years ago it was really cost prohibitive. Commissioner Carlson inquired if the Board could get a report on that from the District. She stated it can go through the MSBU ordinance process, but come back with a report from the District. Chair Voltz stated the Board does not need another report.
Commissioner Scarborough stated the dirt road MSBU ordinance should not be separate for West Canaveral Groves; north of
CITIZEN REQUEST - JADE BATCHELOR, RE: BUILDING PERMIT FOR 6705 OUTBACK
ROAD IN WEST CANAVERAL
the Districts because it makes sense; and the Board can get into the issue of mitigation by the particular application. He stated Mr. Batchelor’s issue is not something massive that is going to trigger a whole lot of things as Ms. Busacca stated. Ms. Busacca stated her concern was if the Board is going forward with condemnation, that it understands the implications of that; and she was not referring to Mr. Batchelor’s case. Commissioner Pritchard inquired if the St. Johns River Water Management District still holds the same position on that; with Ms. Busacca responding she will have staff find out, but it would not surprise her. Mr. Knox stated if the Board is thinking about going with condemnation, it will have to sit as a group and figure out what it is that it would be doing. Commissioner Scarborough stated he used that as an example of another way of resolving the issue rather than having Mr. Batchelor get Quitclaim Deeds; and Mr. Knox would have to talk to the Board about it before they get into that. Mr. Knox stated there are some things the Board needs to sit down and think about. Commissioner Scarborough thanked Mr. Batchelor for being a test case in West Canaveral Groves; and noted the County will work closely with him.
APPROVAL OF GRANT APPLICATION, RE:
MANAGEMENT RESPONSE TEAM SUBGRANT FOR FY 2006
Motion by Commissioner Pritchard, seconded by Commissioner Colon, to approve submittal of a subgrant application for Community Emergency Response Team funding of $10,000; and authorize the
REPORT, RE: FISHING PIERS ON MAX BREWER CAUSEWAY
Transportation Engineering Director John Denninghoff advised Florida Department of Transportation is in the process of attempting to design and permit plans for fishing piers on the Max Brewer Causeway in Titusville; the question has come up as to who would be the applicant for the permits; the intent is that Brevard County would maintain the piers once they are constructed; currently it maintains the bridge, which it will be relieved of when the high-rise bridge is constructed to replace it; and that is expected to occur over a period of three to five years. He stated the problem is they have to get the permit application underway as the maintenance authority; the County is being relieved of the bridge but will have the recreational facility; the bridge is currently being used by the public for fishing and shrimping, and the piers would replace that; so it is not a new responsibility per se, and is actually replacing an existing responsibility. He stated staff needs authorization to act as the applicant; and it should be the maintenance authority, which he believes would be the Parks and Recreation Department.
REPORT, RE: FISHING PIERS ON MAX BREWER CAUSEWAY (CONTINUED)
Commissioner Scarborough stated a new bridge is being built; it will have fishing areas adjacent to it; the County is in the process of getting FEMA funds to repair the existing fishing pier; and inquired what is staff asking the County to do; with Mr. Denninghoff responding he is requesting the Board authorize staff to act as the applicant.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to approve maintenance of two piers at Max Brewer Causeway bridge; and authorize the Parks and Recreation Department to act as applicant for the permits to construct two piers that are in the process of being designed and permitted by the Florida Department of Transportation. Motion carried and ordered unanimously.
REPORT, RE: ILLEGAL EXPANSION OF
Commissioner Carlson stated there is a piece of property between Parkway Drive and Lake Washington Road off Stewart Road that is currently developing in the City of Melbourne; there is a cement plant on U.S. 1 that was illegally expanded; and several constituents in Monaco Estates, which is a development right next to the one that is under development, complained of dust and everything else. She stated the cement plant built a very tall wall to try and prevent the dust from going into the development, but they are still getting the dust; and the expansion exacerbated the problem. She stated with the development of townhomes, they will have additional problems because that issue has not been settled; and she wants an environmental status report on that.
County Manager Peggy Busacca inquired if Commissioner Carlson wants an environmental status report and not a report on the illegal expansion; with Commissioner Carlson responding she wants to find out what the status is on the cement plant as far as where the City, which she understands is handling it is on that, so she can go back to her constituents and tell them what is going on. She stated she also wants the environmental part of whatever was understood as far as environmental issues on the property and the taking of scrub jays, gopher tortoises, etc. because the people are asking those questions as there were
several species on the property. She stated she wants a report on those two issues, the cement plant and the environmental permits that were given to that property.
REPORT, RE: CHANGES TO STATUTE GOVERNING WILDLIFE OWNERSHIP
Commissioner Carlson stated FAC sent an email that talked about the Legislature changing the language or putting in a couple of sentences in the existing Statute that governs wildlife ownership; the Board had issues where wildlife were let out into the environment and caused havoc with endemic species; it has an Ordinance that covers wildlife ownership; and she wants to see what the implications to the existing Ordinance might be. She stated all they do with the legislation is give governments the opportunity to expand how they regulate wildlife ownership in the County or in the cities.
REPORT, RE: CHANGES TO STATUTE GOVERNING WILDLIFE OWNERSHIP
(CONTINUED)
County Manager Peggy Busacca advised Animal Services and Enforcement Director Craig Engelson and Planning and Zoning Director Robin Sobrino are looking at that; Mr. Engelson agrees it would be a fine idea to have the ability to regulate those on the local level and would, upon the passing of the legislation, coordinate with Ms. Sobrino to begin drafting of an ordinance. Commissioner Carlson inquired if the Board will see that after the Legislative Session, if it passes; with Ms. Busacca responding yes.
WARRANT LISTS
Upon motion and vote, the meeting adjourned at 3:33 p.m.
ATTEST: __________________________________
HELEN VOLTZ, CHAIR
BOARD OF
___________________
SCOTT ELLIS, CLERK
(S E A L)
.Present were:Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox..Present were:Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox. , owned by Gina LaDrew, (Action File #05-1417).Motion carried and ordered unanimously. , owned by Gina LaDrew, (Action File #05-1417).Motion carried and ordered unanimously. , owned by Annie Guezuraga, (Action File #04-4158).Motion carried and ordered unanimously. , owned by Annie Guezuraga, (Action File #04-4158).Motion carried and ordered unanimously. RIGHT-OF-WAYRIGHT-OF-WAY , between and .Motion carried and ordered unanimously.(See pagefor Agreement.), between and .Motion carried and ordered unanimously.(See pagefor Agreement.) WIDENING PROJECTWIDENING PROJECT widening project, extending the construction commencement date to January 1, 2007.Motion carried and ordered unanimously.(See pagefor Addendum.)widening project, extending the construction commencement date to January 1, 2007.Motion carried and ordered unanimously.(See pagefor Addendum.) AND WIDENING AND WIDENING TO INTERSTATE 95TO INTERSTATE 95 to Interstate 95.Motion carried and ordered unanimously.(See pagesfor Resolution No. 06-050 and Agreement.)to Interstate 95.Motion carried and ordered unanimously.(See pagesfor Resolution No. 06-050 and Agreement.) in Cocoa ; he has a long-time Code Enforcement problem; the first complaint was registered in 1995 with 50 junk cars and junk and debris stored on his property; and he has about $60,000 in liens and $9,000 in judgments for County clean-up in 2003.He stated the property is homesteaded so they cannot foreclose on it; he had two court orders to comply with the County Codes and failed to comply with the court orders; and they are having a hard time because the neighborhood sees the County as a paper tiger.He stated it has been over ten years and the County cannot achieve compliance; there is nothing more County staff can do; it is in the judicial hands now; however, a similar situation occurred in Seminole County and State Attorney Norm in Cocoa ; he has a long-time Code Enforcement problem; the first complaint was registered in 1995 with 50 junk cars and junk and debris stored on his property; and he has about $60,000 in liens and $9,000 in judgments for County clean-up in 2003.He stated the property is homesteaded so they cannot foreclose on it; he had two court orders to comply with the County Codes and failed to comply with the court orders; and they are having a hard time because the neighborhood sees the County as a paper tiger.He stated it has been over ten years and the County cannot achieve compliance; there is nothing more County staff can do; it is in the judicial hands now; however, a similar situation occurred in Seminole County and State Attorney Norm in Cocoa .Motion carried and ordered unanimously. in Cocoa .Motion carried and ordered unanimously. 1, ROCKLEDGE1, ROCKLEDGE was not done well and is not as nice as ; it has a washboard effect; and requested staff go out and inspect it.was not done well and is not as nice as ; it has a washboard effect; and requested staff go out and inspect it. ) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M. ) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M. ) in Indian River Groves and Gardens, as petitioned by Frances M. Baker, represented by Attorney Kim Rezanka.) in Indian River Groves and Gardens, as petitioned by Frances M. Baker, represented by Attorney Kim Rezanka. ) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M. ) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M. ) in Indian River Groves and Gardens, as petitioned by Frances M. Baker. ) in Indian River Groves and Gardens, as petitioned by Frances M. Baker. ; Scottsmoor has worked hard and they have as well to get the fire station in North County built; and it is interesting that it will now be in the City.He stated they worked hard because they needed the fire protection; now the City is encompassing that fire station; people are being told the taxes will not go up; and he called around to cities that incorporated and could not find any that recently incorporated, but taxes always go up.He stated he was told by Legislators that the water plant in Holder Park area, which is County property, will naturally transfer to the City, so they are going to lose some infrastructure that the County paid for.Mr. Pine stated on January 10, 2006, the boundaries were not there; and inquired how did the Board know the people knew to come to the meeting and talk to the issue.He stated the notice was inadequate; Commissioner Scarborough said he ran into Mr. Jack in the parking lot and that he was supposed to be on the Agenda; there is no application to be on the Agenda; Mr. Jack properly put in applications to be on the Agenda on all previous occurrences; and he understands that the reason it was pulled was because of the debate and large public outcry over the boundary between Scottsmoor and Mims.He stated that has still not been solved; in fact it is now further north than they were screaming about before; he is very concerned about it; additionally the contract was signed to do the study before it was supposed to be done; they brought that to the attention of the County; it has not been handled in a very good way; and proper notice needs to ; Scottsmoor has worked hard and they have as well to get the fire station in North County built; and it is interesting that it will now be in the City.He stated they worked hard because they needed the fire protection; now the City is encompassing that fire station; people are being told the taxes will not go up; and he called around to cities that incorporated and could not find any that recently incorporated, but taxes always go up.He stated he was told by Legislators that the water plant in Holder Park area, which is County property, will naturally transfer to the City, so they are going to lose some infrastructure that the County paid for.Mr. Pine stated on January 10, 2006, the boundaries were not there; and inquired how did the Board know the people knew to come to the meeting and talk to the issue.He stated the notice was inadequate; Commissioner Scarborough said he ran into Mr. Jack in the parking lot and that he was supposed to be on the Agenda; there is no application to be on the Agenda; Mr. Jack properly put in applications to be on the Agenda on all previous occurrences; and he understands that the reason it was pulled was because of the debate and large public outcry over the boundary between Scottsmoor and Mims.He stated that has still not been solved; in fact it is now further north than they were screaming about before; he is very concerned about it; additionally the contract was signed to do the study before it was supposed to be done; they brought that to the attention of the County; it has not been handled in a very good way; and proper notice needs to is where it says Scottsmoor; they were originally going to go to Scottsmoor; and Barbara Morehead lives south of there and said she did not want that, so they backed off to .He stated they have set boundaries and talked to the City of Titusville in Commissioner Scarborough’s office and told them where they were going to go; they said nothing that day about the southern boundary; and now they have concerns.Mr. Jack stated the City wants to go all the way to Parrish Road; if they do that, it is going to cut Sherwood in half; and if the Board looks at Eola Avenue, stop where the County’s water supply comes to, and goes back to Panther Lane and Tomato Farm Road, it has always been Mims; so there is no problem there and they are going to talk to Mr. Harmer and would like Commissioner Scarborough and County Attorney Scott Knox to be present.is where it says Scottsmoor; they were originally going to go to Scottsmoor; and Barbara Morehead lives south of there and said she did not want that, so they backed off to .He stated they have set boundaries and talked to the City of Titusville in Commissioner Scarborough’s office and told them where they were going to go; they said nothing that day about the southern boundary; and now they have concerns.Mr. Jack stated the City wants to go all the way to Parrish Road; if they do that, it is going to cut Sherwood in half; and if the Board looks at Eola Avenue, stop where the County’s water supply comes to, and goes back to Panther Lane and Tomato Farm Road, it has always been Mims; so there is no problem there and they are going to talk to Mr. Harmer and would like Commissioner Scarborough and County Attorney Scott Knox to be present. and have always been in Mims.He stated they worked with Mr. Higgenbotham right at Eola; they just rezoned some of his property going back to ; and that is all Mims area back there.He stated he and have always been in Mims.He stated they worked with Mr. Higgenbotham right at Eola; they just rezoned some of his property going back to ; and that is all Mims area back there.He stated he ; and if the boundary did not include any area south of , the City would be neutral on the issue of incorporation.Chair Voltz stated they have to work with the City.; and if the boundary did not include any area south of , the City would be neutral on the issue of incorporation.Chair Voltz stated they have to work with the City. AND 192AND 192 WIDENING PROJECT, BETWEEN WIDENING PROJECT, BETWEEN RIGHT-OF-WAYRIGHT-OF-WAY right-of-way.Motion carried and ordered unanimously.(See pagefor Deed.)right-of-way.Motion carried and ordered unanimously.(See pagefor Deed.) , and waive Phase I Environmental Assessment, Title Insurance, and Appraisal Report.Motion carried and ordered unanimously.(See pagefor Easement.), and waive Phase I Environmental Assessment, Title Insurance, and Appraisal Report.Motion carried and ordered unanimously.(See pagefor Easement.) ; and inquired if staff could find out what it is.She stated Mr. Rothstein is right about the train, but the other is a separate health issue.; and inquired if staff could find out what it is.She stated Mr. Rothstein is right about the train, but the other is a separate health issue. is involved in it; he was on at 2:00 a.m., someone else was between and witha walkie-talkie, and all three were blocked; and with ten more cars, all four would have been blocked.He stated it does not make a difference right now with Senne Road because there is nobody living there, but there will be; to get out of what was Crystal Bay, they have only one way; there were times people were stuck at railroad crossings for up to 40 minutes; and they are unfortunate because they live in an area where FEC has a holding site and double tracks with two trains passing each other at two miles an hour with 150 cars on each train.Mr. Cunningham stated their main concern is health, safety, and protection of life and property; they are not asking for a fire station or Sheriff’s precinct east of the tracks or for FEC to build a facility like that; all they need is emphasis on the safety of the community; and trains blocking crossings have been a problem.He advised of an incident where a man and his children got fed up waiting at the Micco Road crossing, went around the gates, and met a train; the children were ejected; the fire station less than three blocks to the north could not get to the scene where the children were and had to go around to Fleming Grant Road, to Holly Street, which luckily was not blocked, then to U.S. 1; and fortunately they all survived.Mr. Cunningham stated they would like to cut down the incidents in their favor; if the Board can do something with the proposed ordinance, it should get it done and work with FEC, which indicated it will work with the County; and the Board should give it a chance, but take care of its citizens first.is involved in it; he was on at 2:00 a.m., someone else was between and witha walkie-talkie, and all three were blocked; and with ten more cars, all four would have been blocked.He stated it does not make a difference right now with Senne Road because there is nobody living there, but there will be; to get out of what was Crystal Bay, they have only one way; there were times people were stuck at railroad crossings for up to 40 minutes; and they are unfortunate because they live in an area where FEC has a holding site and double tracks with two trains passing each other at two miles an hour with 150 cars on each train.Mr. Cunningham stated their main concern is health, safety, and protection of life and property; they are not asking for a fire station or Sheriff’s precinct east of the tracks or for FEC to build a facility like that; all they need is emphasis on the safety of the community; and trains blocking crossings have been a problem.He advised of an incident where a man and his children got fed up waiting at the Micco Road crossing, went around the gates, and met a train; the children were ejected; the fire station less than three blocks to the north could not get to the scene where the children were and had to go around to Fleming Grant Road, to Holly Street, which luckily was not blocked, then to U.S. 1; and fortunately they all survived.Mr. Cunningham stated they would like to cut down the incidents in their favor; if the Board can do something with the proposed ordinance, it should get it done and work with FEC, which indicated it will work with the County; and the Board should give it a chance, but take care of its citizens first. crossing included in the ordinance.crossing included in the ordinance. from Wally Kramer asking it be added; and referred it to the County Attorney to see if that can be done.Assistant County Attorney Terri Jones stated she will give the Board the background of where they are.Mr. Barker stated if one crossing has to be left out, he would prefer it be .from Wally Kramer asking it be added; and referred it to the County Attorney to see if that can be done.Assistant County Attorney Terri Jones stated she will give the Board the background of where they are.Mr. Barker stated if one crossing has to be left out, he would prefer it be . is a local safety hazard; it has to be unique up and down the line; and Barefoot Bay obviously is unique as it is a large mobile home community with an elderly population.is a local safety hazard; it has to be unique up and down the line; and Barefoot Bay obviously is unique as it is a large mobile home community with an elderly population. right now and there are no people there right now, they do not know how long it will take for that area to be developed.right now and there are no people there right now, they do not know how long it will take for that area to be developed. to get to ; so that person may not survive.to get to ; so that person may not survive. JOHN DEPENDENT SPECIAL JOHN DEPENDENT SPECIAL JOHN DEPENDENT SPECIAL JOHN DEPENDENT SPECIAL JOHN DEPENDENT SPECIAL JOHN DEPENDENT SPECIAL got his permit to build in 2004, was not responsible for the road, and claimed it was grandfathered; and if the clause is in the Ordinance, it is prejudiced towards new landowners.He stated another landowner at 6839 Terrilee Road built his home without a permit, got caught in 2005, and the County fined him for no permit; and the man paid the find and lives 500 feet off the County Road but is not responsible for constructing Terrilee Road to the County road.He stated Mr. Ed Lyon told him he is responsible for construction of according to County specs just for a new home permit; and he feels it is a little bit wrong for the Ordinance to say he is responsible for the road when there are 21 landowners on the road and five have homes on their properties.He stated the road is being used every day by five landowners; and inquired why Building Code singled him out for the cost of constructing .He stated what has not happened for a couple of years is the MSBU system was not set up; and requested the Ordinance be revised to put a fair system in place for issuing building permits in Section 20 of West Canaveral Groves.He stated if the County requires ’s construction in order for him to get a got his permit to build in 2004, was not responsible for the road, and claimed it was grandfathered; and if the clause is in the Ordinance, it is prejudiced towards new landowners.He stated another landowner at 6839 Terrilee Road built his home without a permit, got caught in 2005, and the County fined him for no permit; and the man paid the find and lives 500 feet off the County Road but is not responsible for constructing Terrilee Road to the County road.He stated Mr. Ed Lyon told him he is responsible for construction of according to County specs just for a new home permit; and he feels it is a little bit wrong for the Ordinance to say he is responsible for the road when there are 21 landowners on the road and five have homes on their properties.He stated the road is being used every day by five landowners; and inquired why Building Code singled him out for the cost of constructing .He stated what has not happened for a couple of years is the MSBU system was not set up; and requested the Ordinance be revised to put a fair system in place for issuing building permits in Section 20 of West Canaveral Groves.He stated if the County requires ’s construction in order for him to get a
.Present were:Chair Helen Voltz, Commissioners Truman Scarborough, Ron Pritchard, Susan Carlson, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox., owned by Gina LaDrew, (Action File #05-1417).Motion carried and ordered unanimously. , owned by Annie Guezuraga, (Action File #04-4158).Motion carried and ordered unanimously. RIGHT-OF-WAY, between and .Motion carried and ordered unanimously.(See pagefor Agreement.)WIDENING PROJECTwidening project, extending the construction commencement date to January 1, 2007.Motion carried and ordered unanimously.(See pagefor Addendum.)AND WIDENING TO INTERSTATE 95to Interstate 95.Motion carried and ordered unanimously.(See pagesfor Resolution No. 06-050 and Agreement.)in Cocoa ; he has a long-time Code Enforcement problem; the first complaint was registered in 1995 with 50 junk cars and junk and debris stored on his property; and he has about $60,000 in liens and $9,000 in judgments for County clean-up in 2003.He stated the property is homesteaded so they cannot foreclose on it; he had two court orders to comply with the County Codes and failed to comply with the court orders; and they are having a hard time because the neighborhood sees the County as a paper tiger.He stated it has been over ten years and the County cannot achieve compliance; there is nothing more County staff can do; it is in the judicial hands now; however, a similar situation occurred in Seminole County and State Attorney Norm in Cocoa .Motion carried and ordered unanimously. 1, ROCKLEDGEwas not done well and is not as nice as ; it has a washboard effect; and requested staff go out and inspect it.) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M. ) in Indian River Groves and Gardens, as petitioned by Frances M. Baker, represented by Attorney Kim Rezanka.) IN INDIAN RIVER GROVES AND GARDENS-FRANCES M. ) in Indian River Groves and Gardens, as petitioned by Frances M. Baker. ; Scottsmoor has worked hard and they have as well to get the fire station in North County built; and it is interesting that it will now be in the City.He stated they worked hard because they needed the fire protection; now the City is encompassing that fire station; people are being told the taxes will not go up; and he called around to cities that incorporated and could not find any that recently incorporated, but taxes always go up.He stated he was told by Legislators that the water plant in Holder Park area, which is County property, will naturally transfer to the City, so they are going to lose some infrastructure that the County paid for.Mr. Pine stated on January 10, 2006, the boundaries were not there; and inquired how did the Board know the people knew to come to the meeting and talk to the issue.He stated the notice was inadequate; Commissioner Scarborough said he ran into Mr. Jack in the parking lot and that he was supposed to be on the Agenda; there is no application to be on the Agenda; Mr. Jack properly put in applications to be on the Agenda on all previous occurrences; and he understands that the reason it was pulled was because of the debate and large public outcry over the boundary between Scottsmoor and Mims.He stated that has still not been solved; in fact it is now further north than they were screaming about before; he is very concerned about it; additionally the contract was signed to do the study before it was supposed to be done; they brought that to the attention of the County; it has not been handled in a very good way; and proper notice needs to is where it says Scottsmoor; they were originally going to go to Scottsmoor; and Barbara Morehead lives south of there and said she did not want that, so they backed off to .He stated they have set boundaries and talked to the City of Titusville in Commissioner Scarborough’s office and told them where they were going to go; they said nothing that day about the southern boundary; and now they have concerns.Mr. Jack stated the City wants to go all the way to Parrish Road; if they do that, it is going to cut Sherwood in half; and if the Board looks at Eola Avenue, stop where the County’s water supply comes to, and goes back to Panther Lane and Tomato Farm Road, it has always been Mims; so there is no problem there and they are going to talk to Mr. Harmer and would like Commissioner Scarborough and County Attorney Scott Knox to be present.and have always been in Mims.He stated they worked with Mr. Higgenbotham right at Eola; they just rezoned some of his property going back to ; and that is all Mims area back there.He stated he ; and if the boundary did not include any area south of , the City would be neutral on the issue of incorporation.Chair Voltz stated they have to work with the City.AND 192WIDENING PROJECT, BETWEEN RIGHT-OF-WAYright-of-way.Motion carried and ordered unanimously.(See pagefor Deed.), and waive Phase I Environmental Assessment, Title Insurance, and Appraisal Report.Motion carried and ordered unanimously.(See pagefor Easement.); and inquired if staff could find out what it is.She stated Mr. Rothstein is right about the train, but the other is a separate health issue.is involved in it; he was on at 2:00 a.m., someone else was between and witha walkie-talkie, and all three were blocked; and with ten more cars, all four would have been blocked.He stated it does not make a difference right now with Senne Road because there is nobody living there, but there will be; to get out of what was Crystal Bay, they have only one way; there were times people were stuck at railroad crossings for up to 40 minutes; and they are unfortunate because they live in an area where FEC has a holding site and double tracks with two trains passing each other at two miles an hour with 150 cars on each train.Mr. Cunningham stated their main concern is health, safety, and protection of life and property; they are not asking for a fire station or Sheriff’s precinct east of the tracks or for FEC to build a facility like that; all they need is emphasis on the safety of the community; and trains blocking crossings have been a problem.He advised of an incident where a man and his children got fed up waiting at the Micco Road crossing, went around the gates, and met a train; the children were ejected; the fire station less than three blocks to the north could not get to the scene where the children were and had to go around to Fleming Grant Road, to Holly Street, which luckily was not blocked, then to U.S. 1; and fortunately they all survived.Mr. Cunningham stated they would like to cut down the incidents in their favor; if the Board can do something with the proposed ordinance, it should get it done and work with FEC, which indicated it will work with the County; and the Board should give it a chance, but take care of its citizens first.crossing included in the ordinance.from Wally Kramer asking it be added; and referred it to the County Attorney to see if that can be done.Assistant County Attorney Terri Jones stated she will give the Board the background of where they are.Mr. Barker stated if one crossing has to be left out, he would prefer it be .is a local safety hazard; it has to be unique up and down the line; and Barefoot Bay obviously is unique as it is a large mobile home community with an elderly population.right now and there are no people there right now, they do not know how long it will take for that area to be developed.to get to ; so that person may not survive.JOHN DEPENDENT SPECIAL JOHN DEPENDENT SPECIAL JOHN DEPENDENT SPECIAL got his permit to build in 2004, was not responsible for the road, and claimed it was grandfathered; and if the clause is in the Ordinance, it is prejudiced towards new landowners.He stated another landowner at 6839 Terrilee Road built his home without a permit, got caught in 2005, and the County fined him for no permit; and the man paid the find and lives 500 feet off the County Road but is not responsible for constructing Terrilee Road to the County road.He stated Mr. Ed Lyon told him he is responsible for construction of according to County specs just for a new home permit; and he feels it is a little bit wrong for the Ordinance to say he is responsible for the road when there are 21 landowners on the road and five have homes on their properties.He stated the road is being used every day by five landowners; and inquired why Building Code singled him out for the cost of constructing .He stated what has not happened for a couple of years is the MSBU system was not set up; and requested the Ordinance be revised to put a fair system in place for issuing building permits in Section 20 of West Canaveral Groves.He stated if the County requires ’s construction in order for him to get a