April 10, 2007 Regular
Apr 10 2007
MINUTES OF THE MEETING OF THE BOARD OF
April 10, 2007
The Board of County Commissioners of
The Invocation was given by Reverend Bill Anderson, Palmdale Presbyterian Church,
Commissioner Mary Bolin led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the January 23, 2007 and March 6, 2007 Regular Meeting Minutes, January 26, 2007 and March 1, 2007 Special Meeting Minutes, and March 1, 2007 Zoning Meeting Minutes. Motion carried and ordered unanimously.
RESOLUTION, RE: PROCLAIMING FAIR HOUSING MONTH
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution proclaiming April, 2007 as Fair Housing Month in
RESOLUTION, RE: PROCLAIMING CONTRACT MANAGEMENT WEEK
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming the week of April 22 through 28, 2007 as Contract Management Week. Motion carried and ordered unanimously.
RESOLUTION, RE: PROCLAIMING CHILD ABUSE PREVENTION MONTH
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution proclaiming the month of April, 2007 as Child Abuse Prevention Month and urging all citizens to lend their support in an effort to prevent child abuse and neglect of our children during this month by displaying blue ribbons. Motion carried and ordered unanimously.
RESOLUTION, RE: RECOGNIZING NATIONAL TELECOMMUNICATORS WEEK
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution declaring the week of April 8 through April 14, 2007 as Public Safety Telecommunicators Week and commending all Telecommunicators for their dedication to duty, professionalism and commitment to saving lives, property, and the prevention of crime in Brevard County. Motion carried and ordered unanimously.
RESOLUTION, RE: SUPPORTING ESTABLISHMENT OF
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution declaring that a Drug Court Month be established during the month of May, 2007, recognizing the practitioners and participants who make drug courts work, and the significant contributions that drug courts have made, and continue to make, in reducing drug usage and crime. Motion carried and ordered unanimously.
RESOLUTION, RE: RECOGNIZING APRIL AS RECORDS AND INFORMATION
MANAGEMENT MONTH
Motion by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Resolution proclaiming April, 2007 as Records and Information Management Month. Motion carried and ordered unanimously.
RESOLUTION, RE: RECOGNIZING ADMINISTRATIVE PROFESSIONALS WEEK
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming April 22 through April 28, 2007 as Administrative Professionals Week. Motion carried and ordered unanimously.
RESOLUTION, RE: RECOGNIZING THE CITY OF PALM BAY PARKS AND
RECREATION DEPARTMENT
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution recognizing and congratulating the achievements and outstanding efforts by the City of
STAFF RECOGNITION
Commissioner Nelson stated on Tuesday April 3, 2007 Barbara Holman, a SCAT vehicle operator since August 2005, arrived at a customer’s home to transport the customer to a scheduled dialysis appointment; before boarding the customer on the wheelchair lift, she realized the customer had stopped breathing; and she notified the SCAT radio dispatcher to request an ambulance. He stated Ms. Holman then contacted Ann Bernick, SCAT lead vehicle operator, via Nextel, that she was going to perform CPR; she and the customer’s wife lifted the customer from the wheelchair and Ms. Holman began to perform CPR under Ms. Bernick’s instructions; once the ambulance arrived Ms. Holman assisted the EMT’s with continued CPR; and the EMT’s and Ms. Holman were able to restore the customer’s pulse before being transported to the hospital. He advised both Barbara Holman and Ann Bernick remained calm, professional, and relied on their instincts and training to save a customer’s life; it does not get any better than that; and he thanked Barbara Holman and Ann Bernick on behalf of the Board.
REPORT, RE: ITEMS TO BE REMOVED FROM THE AGENDA
County Manager Peggy Busacca stated she would like to remove three items from the current Agenda; the first is Item III.A.6, which is final plat approval and contract with JRH-One, LLC for Mission Estates Subdivision; and it will be rescheduled to a May Board meeting. She noted the next two items have been requested by the applicants to be withdrawn; Item VI.G is an appeal of administrative decision to deny development impacts east of Brevard County Coastal Setback Line inconsistent with Chapter 62, Article XII of Brevard County Code, as requested by Mr. and Mrs. Marc Collins; and Item VIII.E.2, is a Citizen Request by Ryan Rusnak for impact fee reimbursement for construction of Florida Avenue.
THIRD ADDENDUM TO CONTRACT FOR
ACCESS AGREEMENT WITH CITY OF
CAUSEWAY REALIGNMENT PROJECT
Assistant County Attorney Christine Lepore stated Brevard County has a contract with the City of Melbourne to sell a piece of property in the Pineda area; and staff needs an extension of the Contract deadline until tomorrow, April 11, 2007, which the closing is scheduled for.
Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute the Third Addendum to Contract for Sale and Purchase with the City of Melbourne, Cross-Access Agreement with the City for shared use of the access driveway, and a License for the parcel of land which is the remainder portion of a parcel acquired in conjunction with the Pineda Causeway Extension and Realignment Project. Motion carried and ordered unanimously.
REPORT, RE: NASA EXPLORATION BUDGET
Chairperson Colon stated the Board needs to get in touch with its Legislative Delegation regarding the NASA exploration budget lists and everyone else who is involved, and to request the Governor send a letter to
She stated the Board has been working on this issue two and one half years; it has been working closely with the workforce to make sure they are properly trained; the conversations in Washington, D.C. are not very positive; and it does not only effect Brevard County, as it effects the entire State of Florida and the United States. She stated it will effect 6,500 jobs at NASA; indirectly is 11,000 in
Commissioner Scarborough stated he asked the Economic Development Commission what the economic impact would be with the loss of 8,000 jobs at Kennedy Space Center; it would be a reoccurring $1.4 billion on the economy; he heard some of the best employees are looking for jobs elsewhere; and the idea of having a nobility launch from space is always going to exist in Brevard County, but the capacity of the nation to reach space is dependent upon the people who can do it. He stated it is a tragedy to the country and the great heritage it had in exploration into space.
Commissioner Bolin suggested the Board have a workshop and have staff coordinate it with the State Representatives; and stated the Board needs to step up and do everything possible to handle the situation, and to communicate with the appropriate people to show its concern and to make a change in the process.
Chairperson Colon advised the process is not going to just take the Congressional Delegation of Brevard County, but the entire State of Florida to come together; it may not be as of great importance to Miami, Tampa, or Jacksonville; and Brevard County will need to do anything possible to stop this from happening.
REPORT, RE:
Commander Lloyd Morris of the
Executive Officer Bud Evans stated all the help from the Board and from other people in the County is truly appreciated.
Mr. Morris stated
Chairperson Colon thanked everyone involved with the Air Show; stated the Board sent a sympathy card to show its sadness in the passing of the gentleman in the airplane accident; and everyone needs to go out to see what a wonderful museum the
REPORT, RE: MEETING WITH THE PUBLIC DEFENDER AND SHERIFF JACK
PARKER
Commissioner Nelson stated he and his staff had a meeting with Public Defender J. R. Russo and Sheriff Jack Parker; he left the meeting feeling helpful; both people are willing to try to work it out; they are trying to come up with a solution to the facilities issue; they do understand the difficulty the Board is having; and everyone wants to try to come up
with a solution to get through the next few years while the replacement and expansion facility are being constructed. He thanked Mr. Russo and Sheriff Parker personally because after each shared what the concerns were, they tried to work it out.
REPORT, RE: PASTOR MORRIS
Commissioner Voltz stated the last time the Board met Pastor Morris was scheduled to do the invocation but did not arrive; the Board was concerned as it did not hear from him; his wife called the next day to advise he was in the hospital; so she wanted to inform the Board of the situation.
REPORT, RE: ITEM PULLED BY THE PUBLIC
Chairperson Colon stated the public wants to discuss Item III.A.9, to authorize the Chairperson to sign a letter to Department of Community Affairs for Palm Bay Comprehensive Plan amendments; and the item will be pulled so it can be discussed.
RESOLUTION, RE: ESTABLISHING FINE SCHEDULE, AND MITIGATING AND
AGGRAVATING FACTORS
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution establishing a fine schedule and mitigating and aggravating factors to be considered by the Code Enforcement Special Magistrate when determining a Code Enforcement fine for illegal land clearing. Motion carried and ordered unanimously.
AGREEMENT WITH
ACCESSING STATE LANDS AS PART OF COUNTYWIDE CARACARA
BIRD SURVEY
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with St. Johns River Water Management District for access to State lands as part of the Countywide Caracara bird survey; and authorize the County Manager or designee to sign future access agreements, as necessary, for completion of the survey project. Motion carried and ordered unanimously.
FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE: WATERS
MARK
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant final engineering and preliminary plat approvals for Waters Mark Plantation Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.
FINAL ENGINEERING AND PRELIMINARY PLAT APPROVALS, RE:
COBBLESTONE SUBDIVISION
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant final engineering and preliminary plat approvals for Cobblestone Subdivision, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits. Motion carried and ordered unanimously.
INTERLOCAL AGREEMENT WITH CITY OF
LOCAL REGULATION OF REGISTERED CONTRACTORS
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Interlocal Agreement with City of Indian Harbour Beach to establish a system for regulation of registered contractors and unlicensed contractors pursuant to Parts I and II, Chapter 489, Florida Statutes, and Brevard County Code of Ordinances. Motion carried and ordered unanimously.
BINDING DEVELOPMENT PLAN WITH ROPER HARDING
PARTNERSHIP, RE: PROPERTY LOCATED ON NORTHEAST CORNER
OF
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Binding Development Plan with Roper Harding Titusville Partnership for property located on the northeast corner of
LEGISLATIVE INTENT AND PERMISSION TO ADVERTISE, RE:
TRANSPORTATION IMPACT FEE ORDINANCE
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the legislative intent and grant permission to advertise an ordinance amending the Brevard County Transportation Impact Fee Ordinance. Motion carried and ordered unanimously.
RESOLUTION, RE: PROCLAIMING PUBLIC WORKS WEEK
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming May 20, 2007 through May 26, 2007 as “Public Works Week” in
RESOLUTION, RE: ACQUISITION AND CONSTRUCTION OF ASSESSABLE
IMPROVEMENTS FOR TANGLE RUN BOULEVARD PURCHASE AND
IMPROVEMENTS MSBU
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Initial Assessment Resolution ordering the acquisition and construction of assessable improvements for the Tangle Run Boulevard Purchase and Improvements Municipal Service Benefit Unit. Motion carried and ordered unanimously.
LEASE AGREEMENT WITH KEEP BREVARD BEAUTIFUL, RE: LEASE OF
PROPERTY AT
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize renewal of Lease Agreement with Keep Brevard Beautiful located at
APPROVE AND ACCEPT UTILITY EASEMENT FROM JOHN A. MASSARO, RE:
PINEDA SPRINGS
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve and accept Utility Easement from John A. Massaro, for property located off
POLICY, RE: FIRST TIME HOMEBUYER PROGRAM
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve proposed amendments to the Housing and Human Services Department’s First Time Home Buyer Program Policy. Motion carried and ordered unanimously.
RESOLUTION, RE: DISSOLUTION OF DISTRICT II SPORTS ADVISORY
COMMITTEE
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution to dissolve the District II Sports Advisory Committee and direct the Merritt Island/Beaches Advisory Board to assume those responsibilities. Motion carried and ordered unanimously.
APPROVAL OF REQUEST FOR PROPOSAL, RE: VANPOOL MANAGEMENT
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the advertisement, acceptance, and negotiation of proposal from qualified firms for the provision of vanpool fleet management service for Space Coast Area Transit (SCAT); authorize the Chairperson to extend the existing Contract for 90 days, until September 30, 2007, to allow time to complete the RFP process; and establish a Selection Committee consisting of Transit Services Director or designee, SCAT Manager of Operations or designee, South Terminal Operations Manager, and Purchasing Manager or designee as a non-voting member. Motion carried and ordered unanimously.
INTERLOCAL AGREEMENTS WITH TOWN OF
OF OWNERSHIP AND RESPONSIBILITY FOR ROADS, RIGHTS-OF-WAYS,
AND EASEMENTS, AND MUNICIPAL SERVICES
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve two Interlocal Agreements with Town of Grant-Valkaria; and authorize the Chairperson to execute two Agreements entitled 1) Interlocal Agreement for the Transfer of Ownership and Responsibility for Roads, Rights-of-ways, and Easements in the Town of
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Bills and Budget Changes, as submitted. Motion carried and ordered unanimously.
AUTHORIZE CHAIRPERSON TO SIGN LETTER TO DEPARTMENT OF COMMUNITY
AFFAIRS, RE:
Assistant County Manager Mel Scott stated the intent of the letter is to let DCA know that when it does receive a complete package that contains the proposed Comprehensive
Plan Amendments from the City of Palm Bay that it takes special care to look at the Micco Road area and implications of those proposed density increases and use intensifications to that roadway, as well as a number of other factors that are State mandated by Rule 9J-5, Florida Administrative Code. He advised the spirit of the letter is to let DCA know that something quite large is coming its way, and Brevard County is interested in how it will apply Rule 9J-5 and Florida Statutes into the review of the proposals; it is important to recognize that as of today DCA has not yet received a complete package from Palm Bay; it is difficult for staff to identify specifically and with
great confidence what the concerns are because the background data and analysis has not yet been provided; the community is interested in this issue; and the implications of the Comprehensive Plan Amendments when they come to fruition via development proposals are great to an area that is predominated by agricultural and conservation uses.
Chairperson Colon inquired how have discussions been between the City of
Executive Director of Marine Resources Council Jim Egan stated the County’s letter is waiting to make some of its points when the actual submittal from the City of
Buffer Preserve was purchased to protect the
Diane McCauley stated she has a copy of the letter, which is weak; suggested staff revisit the item before it is sent off; and stated it is an inadequate letter. She stated people in the South Mainland would be negligent if they were quiet about the letter; the letter only addresses traffic; over the years the residents have given the Board many facts; but she understands staff has a lot on the table. She stated staff did a study and it is off of its desk now; it is now on the Board’s desk; suggested the Board become pilots in command and take responsibility; stated the letter should not be sent on to DCA; and there are many facts that need to be investigated.
Vicki Benoit stated in October she came before the Board asking it to direct staff to do a study on the impact that the Palm Bay Comprehensive Plans would have on Micco Road and that area; she was concerned about Comprehensive Plans 33 through 36, which is the land that runs along Micco Road mostly to the south and a little to the north; and she is also concerned about the 1,500 acres that is a proposed density of over 9,000 homes. She advised 9,000 residential units on Micco Road will add over 50,000 trips per day on a substandard, two-lane road; DCA should know that information; she is in contact with DCA on a weekly basis asking about the Comprehensive Plan amendments; she has been doing it since last June; and she is on a first-name basis with Anita Franklin. She noted when she came before the Board in October she wanted staff to study all of the impacts it would have on traffic, water, the environment, planning and zoning, emergency management, and a whole gamut of things. She stated there is an unidentified industrial use in the area; and it will impact not just
Johns River Water Management District and South Florida Water Management District; and she was told if alternative sources for water were not found that the residents will be in dire straits in four or five years. She stated the City of
Maureen Rupe, with Partnership for a Sustainable Future, stated she understands staff will only do what the Board directs it to do; she understands the reluctance after the City of
She stated the Mims Small Area Study is excellent; it shows the Board cares about growth and what is happening; and suggested the Board care about the south end of the County as well as the north end of the County.
Jan Black stated she will be disappointed with the Board if the majority votes to send the letter as written; maybe there was a misunderstanding and there will be other letters sent to DCA once those Comprehensive Plan Amendments get to it; it is apparent what the City of Palm Bay wants to submit; the City voted to transmit and there are copies of
those amendments; and the density in some of those areas is unconscionable. She stated Commissioner Voltz read into the record a letter that had been submitted by Dan Logan, who is the principal of all of these groups; they are lumped together in the letter as 1,500 acres under the letterhead L & L Holding; in the letter Mr. Logan offered to do conditional language in the specific amendments limiting the overall density to three units per acre; it is more than it should be by environmental standards; but it is better than an overall of six units. She stated she presented that information to the City of
Suzanne Valencia stated as a citizen of
Mary Sphar, representing Sierra Club Turtle Coast Group, stated at the October 31, 2006 County Commission meeting the Sierra Club members were led to believe that a comprehensive analysis of all the effects the Palm Bay Comprehensive Plan Amendments would have would be done by County staff; and she was pleased with Ms. Sobrino’s statement at the October 31, 2006 meeting that said “It would be a multi-agency review with Transportation, Planning and Zoning, Natural Resources, and a number of other agencies in the County looking at the amendments.” She stated at the meeting there was every indication that a complete review would be done, since part of the motion by Commissioner Voltz was “to review all Comprehensive Plan changes per the Joint Planning Agreement and report back to the Board prior to submittal to the Department of Community Affairs, if possible.” She noted the JPA allows for comments in all aspects of the proposed Comprehensive Plan Amendments. She advised the Board is now being presented with a one-page letter requesting that DCA require the City of Palm Bay to address level of service, impacts, and anticipated capacity improvements necessitated for County maintained roadways; and Sierra Club is pleased that the County is concerned about roads, but the letter is definitely insufficient. She stated Natural Resources Management has provided backup information of a general nature based on maps depicting environmental features; Natural Resources Management’s analysis clearly needs to be augmented to fulfill the original expectations of the Board; and requested the Board to provide further direction to staff to complete the comprehensive review per the JPA intended by the Board on October 31, 2006. She advised such a review should include the County’s own detailed analysis of traffic impacts, water supply consideration, and school capacity issues; a detailed analysis of environmental issues, including wildlife corridor potential, should be provided; documentation should include maps of wetlands, aquifer recharged soils, flood plain, and potential and occupied scrub jay habitat; and also needed are maps clearly depicting the proximity of affected parcels to public lands managed by the County and the State. She stated in the last version of the Amendments the City of Palm Bay failed to note that the Micco Road parcels are adjacent to County EEL’s managed lands and the St. Sebastian River Preserve State Park; if the City is not going to offer this information to the DCA, the County needs to do it via clearly marked maps; and County Attorney Scott Knox should provide an answer to the DRI issue as he indicated legal staff would be doing, since as Commissioner Carlson pointed out Palm Bay had recently annexed 11,000 acres. She noted part of the problem the County faces in analyzing the amendments is that they have not been transmitted in final form to the DCA; possibly the City will provide more information in the revised package; in any case there is plenty of time for County staff to do a complete comprehensive review of the impacts once directed to do so by the Board; staff should bring the study back to the Board as required in the October 31, 2006 motion; and the Board can decide whether or not to officially object to the Amendments. She stated after the final version of the Amendments has been transmitted by the City of
bring a report back to the Board so it can intelligently formulate a position to express to the DCA. She requested an answer to the DRI question be provided by the
Chelle Woods stated this issue is quite important to the public. She advised that she lives in Micco, she is President of Little Hollywood Homeowners Association, she is on the Board of the Micco Homeowners Association, and she is the Secretary/Treasurer of the Citizens Coalition of South Mainland. She stated because of all the interested groups, the people who are speaking are representing quite a few people. She stated the City of Palm Bay’s Comprehensive Plan Amendments 33, 34, 35, and 36 impact the quality of life, environment, and water; the 1,600 acres are of particular importance because it is bordered to the north and west with Brevard conservation lands, which are managed by EEL’s, and to the south by the St. Sebastian River Buffer Preserve State Park; the 1,600 acres currently provide vital corridor connectivity to the surrounding preserves; and the City’s proposed dense rezoning totaling 9,076 homes and 147 acres of commercial development will destroy the vital habitat connection. She advised 9,076 homes will increase traffic on Micco Road, adding 56,910 additional trips per day to the already 12,000 trips that go back and forth on that little two-lane road; Micco Road is a County road; and the taxpayers have to pay for it not the City of Palm Bay. She stated the City’s urban sprawl will put the water supply at risk; with an average of 2.5 persons per home, the population on
Lillian Banks stated the speakers are upset about the DCA not knowing what is going on in
developed, he or she should buy it; and the person who owns it now, the property could be his or her retirement. She suggested the Board do something for the other 80% of the people who live in
Chairperson Colon inquired when staff had its discussion with the City of Palm Bay if the number of units the City was looking at per acre was talked about; with Assistant County Manager Mel Scott responding a lot of the Comprehensive Plan Amendment proposals
talk about the upper limit that is possible but they state they will be tied to a much lower number until more specific plans are submitted; the Comprehensive Plan Amendments may have a residential classification the City of Palm Bay proposed, which would be up to five units per acre; but the Comprehensive Plan Amendment goes on to suggest that it will be capped at the formal zoning classification until more detailed plans come in. Mr. Scott advised the City has it set up so that the Comprehensive Plan Amendments propose the upper reaches, the actual density is capped to the existing zoning, and those increases can occur as binding development plans or specific plans that are submitted with it. Chairperson Colon stated it has been frustrating to the Board; the DCA is never favorable to the County even with the strong letters sent in opposition; and it always seems like the County is at odds with the municipalities. She inquired if any county has been successful with the DCA; and inquired if the City of
Chairperson Colon stated once DCA gets the full application of everything that it is requesting, then DCA will ask everyone for feedback; and at that point the County can show all the numbers and concerns to DCA. Mr. Scott stated the citizens and interest groups need to decide if he or she wants to be seen in the eyes of DCA as effective parties and potentially future interveners. Chairperson Colon advised it is important to continue those discussions with the City of
County Manager Peggy Busacca stated she could not remember the last time the County considered 20 units per acre as typically it is 15 units per acre under very limited
circumstances; the density overall in Viera is less than three units per acre; in the residential areas there is a density of five units per acre; and 20 units an acre is significantly different than she is used to seeing in Brevard County in most areas.
Commissioner Voltz stated in the letter the fact there is an issue with
was not addressed. Mr. Scott responded at this point staff wanted to take the opportunity to let DCA know it is starting to follow this; staff felt the letter as humble as it accomplishes that bigger goal; by only being able to guess numbers without location or pods, it is difficult to identify if any impacts are going to occur with the environmental without some kind of bubble plan at a minimum; and that is why those issues were not included. Commissioner Voltz stated the developers have the ability to do something on that land, and the Board may not have any say over exactly what is done; the County can definitely let the City and developers know the concerns and the concerns of the citizens; but it may not make a difference. Mr. Scott advised when DCA gets the Amendments it will then send it off to all interested parties as it is statutorily required to do, and the County is one of them. Commissioner Voltz inquired how long does that normally take; with Mr. Scott responding a five-day turnaround once DCA receives it.
Chairperson Colon inquired if staff has had any discussion with the municipalities regarding taking over those roads, such as Babcock Street, now that the growth and annexation is happening; stated the Board has discussed a small part of it with the Road and Bridge staff; but it is something it wants to talk about in the future as it is no longer a road in the unincorporated area.
Commissioner Nelson stated if the Board is going to comment on the transportation issues on a plan that is incomplete it can certainly comment on environmental issues on a plan that is incomplete; it is not too early to begin; and he suggested the Board direct staff to put those concerns in its correspondence so it does not drop off of the radar and DCA does not think the only concern is traffic.
Commissioner Voltz stated the Board’s job is to make a balance and not just do what one side or the other wants to do; it has to present everything it does in a balanced manner; it cannot just allow unbridled growth; and it cannot disallow someone to develop their property.
Chairperson Colon inquired what was the process Commissioner Voltz had regarding the Small Area Plan, and how long did that take so people can get a good idea of what she tried to do in the south end; with Commissioner Voltz responding Mr. Logan decided that he wanted to change the zoning on his property from one unit per five acres to one unit per acre. Commissioner Voltz stated she probably held about 25 meetings with individuals, communitywide, etc. about the growth in the south part of the County; there were some individuals who wanted no growth whatsoever; it was difficult to
balance that out; and Mr. Logan decided he did not want to deal with the County anymore after all of those meetings. She stated Mr. Logan felt like every time he turned around there was someone who wanted him to do something else; many people saw him as the developer who wanted to develop the land; he was an attorney and people did not believe what he was saying; and she hopes he is being honest about everything. She stated everything fell by the wayside so the land was annexed into the City of
Chairperson Colon stated it is not only this parcel, but when Commissioner Higgs was on the Board there was the mentality of let’s make a deal; a developer would go before the County and if the property was not rezoned he or she would go to the City to have the property annexed; and every time there is a talk of annexation from the City of Palm Bay the Board goes down this path. She noted this issue is unique as it is land abutting the EEL’s property; and it should be in black and white to let DCA know. She stated the growth is coming from the unincorporated area and from the City of
Commissioner Bolin stated the purpose of the letter is to let DCA know it is concerned; she does not think everything can be in one letter; she wants the first letter to go to DCA so it will know that Brevard County is concerned; and it needs to follow up with another letter with some of the concerns it has in preparation for the 60-day time limit that will come once the plan is finally submitted.
Chairperson Colon stated it will take two seconds to add to the letter that there are environmental concerns; and then staff can follow up with more letters.
Motion by Commissioner Bolin, seconded by Commissioner Voltz, to authorize the Chairperson to sign a letter to the Department of Community Affairs (DCA) requesting that additional documentation be furnished in connection with the City of
Commissioner Scarborough stated the Board has gone into some detail in identifying certain roads; the residents have brought a lot of data to the Board; to just have one comment that there may be environmental concerns is a disservice to the magnitude to the environmental concerns; the data is here; and it could be at least of an equal magnitude as to the roads without much additional effort. He stated by just adding there may be additional concerns regarding environment would be insufficient with the knowledge that the Board has with the presentation made this morning.
Chairperson Colon stated Mr. Scott is good at understanding the concerns; and it does not take much to add the concerns regarding the environmental with the letter.
Commissioner Nelson stated the Board should express its concern with the apparent proposed densities because it is also driving part of it and the impacts to existing residential uses and publicly owned natural communities; and to only say environment is not enough as the Board is talking about something more than that. He requested Mr. Scott work that information into the letter.
Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.
Commissioner Voltz stated the Board may not want to use the word “objection” it should be looking at the word “concerned”. Mr. Scott advised they are issues at this point.
PUBLIC HEARING, RE: VACATING PORTION OF PUBLIC UTILITY EASEMENT IN
FAWN
WURTZBACHER
Chairperson Colon called for the public hearing to consider a resolution vacating portion of public utility easement in Fawn Lake PUD, Phase Two, Unit Three, as petitioned by Christian S. Wurtzbacher.
There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution vacating a public utility easement in Fawn Lake PUD, Phase Two, Unit Three, as petitioned by Christian S. Wurtzbacher. Motion carried and ordered unanimously. (See page for Resolution No. 07-103.)
PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY
AND
Chairperson Colon called for the public hearing to consider a resolution vacating portion of public utility and drainage easement in Port St. John, Unit 7, as petitioned by Mark G. King.
There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution vacating portions of the public utility and drainage easement in Port St. John, Unit 7, as petitioned by Mark G. King. Motion carried and ordered unanimously. (See page for Resolution No. 07-104.)
PUBLIC HEARING, RE: RESOLUTION VACATING PUBLIC UTILITY AND
DRAINAGE EASEMENT IN TWIN RIVERS SUBDIVISION – MARK
AND GAIL WALKER
Chairperson Colon called for the public hearing to consider a resolution vacating public utility and drainage easement in Twin Rivers Subdivision, as petitioned by Mark and Gail Walker.
There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution vacating a public utility and drainage easement in Twin Rivers Subdivision, as petitioned by Mark and Gail Walker. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: RESOLUTION VACATING PORTION OF PUBLIC UTILITY
AND DRAINAGE EASEMENT IN
ELIZABETH JULIANO
Chairperson Colon called for the public hearing to consider a resolution vacating portion of public utility and drainage easement in
There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution vacating a portion of public utility and drainage easement in Suntree Lakes, Phase II, as petitioned by John and Elizabeth Juliano. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: ORDINANCE AMENDING CHAPTER 62, ARTICLE XII,
COASTAL SETBACK AND CONTROL LINES, SECTION 62-4213,
PERMITTED STRUCTURES SEAWARD OF COASTAL SETBACK LINE
Chairperson Colon called for the public hearing to consider an ordinance amending Chapter 62, Article XII, Coastal Setback and Control Lines, Section 62-4213, Permitted Structures Seaward of Coastal Setback Line.
Natural Resources Management Director Ernest Brown stated the Brevard Construction Advisory Committee and Local Planning Agency Board both recommended approval of the ordinance with a change to number 6a from the minimum floor elevation being changed from five feet to eight feet above existing natural grade.
There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Ordinance amending Chapter 62, Article XII Code of Ordinances of Brevard County, Florida, relating to coastal setback and control lines, specifically amending Section 62-4213 permitted structures seaward of coastal setback
line; providing for the interpretation of conflicting provisions; providing for severability;
providing for area encompassed and an effective date. Motion carried and ordered unanimously.
PUBLIC HEARING, RE:
PERFORM SERVICES NECESSARY FOR CONSTRUCTION OF
INTERSECTION
BOULEVARD PROJECT
Chairperson Colon called for the public hearing to consider approval for Road and Bridge Department to perform services necessary regarding construction of intersection improvements at
There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to approve the
PUBLIC HEARING, RE: REQUEST TO TABLE PETITION TO VACATE DRAINAGE
EASEMENT ON
ENGINEERING (BRUCE JONES)
Chairperson Colon called for a public hearing to request tabling petition to vacate a drainage easement on
There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to approve request to table petition to vacate drainage easement on
PUBLIC HEARING, RE: ORDINANCE AMENDING ORDINANCES NO. 86-40 AND
87-06, PROVIDING FOR LEVY OF AD VALOREM TAXES WITHIN THE TOWN
OF GRANT-VALKARIA AND INCLUSION OF TOWN OF
WITHIN BOUNDARIES OF LAW ENFORCEMENT MSTU
Chairperson Colon called for a public hearing to consider an ordinance amending Ordinances No. 86-40 and 87-06, providing for levy of ad valorem taxes within Town of
Grant-Valkaria and inclusion of Town of Grant-Valkaria within boundaries of Law Enforcement MSTU.
There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Ordinance amending Brevard County Ordinance No.
86-40 and Ordinance 87-06, pertaining to the Law Enforcement Municipal Services Taxing Unit; authorizing inclusion of the incorporated limits of the Town of Grant-Valkaria, Florida within the boundaries of Brevard County, Florida; providing for severability; and providing for an effective date. Motion carried and ordered unanimously.
CONFIRMATION, RE:
DIRECTOR
Chairperson Colon advised there are people in the audience who call themselves Don’s Peeps who would like to speak.
Transit Services Director James Liesenfelt read a letter aloud, as follows, “Community Service groups would like to thank and recognize Don for all of his hard work, dedication, and support of all of us and our programs. Professionally and personally we feel that our departments would not have obtained the individual successes or level of services without his guidance. The advice he has offered us through the years has been immeasurable. Not only has Don been our mentor and counselor, he has been our role model and friend. He has cared about all of us and has had heartfelt compassion for our staff and constituents. Don has always been approachable and easy to deal with because he is so even tempered, even when Dirk rears his head. His longevity in the community has meant he has known many of our sponsors, supporters, activists, and can approach any issues with fortitude and sincerity. Many of you have heard the story of Charles Plum titled Thank you for Packing my Parachute. It’s a story we just want to share briefly here. Charles Plum who was a U. S. Naval Academy graduate was a jet pilot in . After 75 combat missions his plane was destroyed by a surface to air missile.
wouldn’t be here today.” That night
you for being strength, a motivator, and an inspiration. Your hard work had a significant, positive, and lasting impact on the citizens of
Chairperson Colon stated for those who have worked with Don, they know he has a big heart; he is a man of integrity; he takes great pride in his work; and he has been a tremendous role model for those who have worked under him. She advised one of the things her staff and herself respect and admire about Don is the fact he is a man of integrity; it cannot be taught; either you have it or you do not; the qualities this gentleman has are incredible; and she is looking forward to working with him as Director of Parks
and Recreation. She stated she is happy he is taking on this task; it is not an easy task by any means; and she cannot think of a better person to take over.
Chairperson Colon advised she knows the Board will approve this; but she wants to go through and approve all of the items all at once that do not need discussion.
AMENDMENT NO. 4 WITH FLORIDA DEPARTMENT OF ENVIRONMENTAL
PROTECTION, RE:
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Amendment No. 4 with Florida Department of Environmental Protection extending Grant Agreement through May 1, 2008 to prevent a gap in approved State reimbursements for Brevard County Shore Protection Project tasks. Motion carried and ordered unanimously.
PROFESSIONAL SERVICES AGREEMENT AMENDMENT NO. 013 WITH POST,
BUCKLEY, SCHUH & JERNIGAN, INC., RE:
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Professional Services Agreement Amendment No. 013 with Post, Buckley, Schuh, & Jernigan, Inc. for final design, permitting, bidding, and construction of
CONSIDERATION OF REQUEST FOR REDUCTION OF FINE AND RELEASE OF
CODE ENFORCEMENT LIEN, RE: CASE #95-2082, GIEDRA SNIPAS
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve recommendation of the Special Magistrate to reduce the accrued fine for Giedra Snipas, Case #95-2082, from $70,000 to the reduced sum of $35,000, contingent upon payment within 30 days of closing; and direct staff to prepare and execute Release and Satisfaction of Lien upon receipt of payment. Motion carried and ordered unanimously.
ACKNOWLEDGE, RE:
2006 ANNUAL AUDIT
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to acknowledge the Titusville-Cocoa Airport Authority FY 2005-2006 Annual Audit. Motion carried and ordered unanimously.
CONFIRMATION, RE:
DIRECTOR (CONTINUED)
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to confirm Don Lusk as Parks and Recreation Department Director. Motion carried and ordered unanimously.
REPORT, RE:
Chairperson Colon thanked Executive Director of Titusville-Cocoa Airport Authority Michael Powell for stepping up to the plate during the terrible tragedy at the air show; stated he has shown tremendous leadership in the past few months; it is unique to have an individual who can do as well as he has done; the professionalism and warmth has been tremendous; and the tenants are very happy with his leadership. She stated she wanted to invite the TICO Airport Board to have a workshop in the near future so the community will know the things that have happened since the last meeting; and suggested Mr. Powell let the TICO Airport Board members know the Board would like to follow up on the previous workshop.
Commissioner Bolin stated she was not surprised at Mr. Powell’s ability; after meeting him for the first couple of times she knew he would be a tremendous leader; and she thanked him for all he has done.
Executive Director of Titusville-Cocoa Airport Authority Michael Powell stated he appreciated it as it was his honor.
CITIZEN REQUEST – MARLENE ADAMS, RE: WASTE MANAGEMENT DRIVER’S
DISREGARD FOR LAWS, POLICY, AND RESIDENTS
Marlene Adams stated the only reason she is bringing this issue to the Board is to get it on record that there is a serious problem in Canaveral Groves with the Waste Management trucks coming through the groves; recently she had a major incident with them speeding up Pine Street at a high rate of speed with reckless driving; and when they were confronted they were very rude and abusive. She stated worse than that was the Management’s relaxed attitude towards that issue; the comments were without building a case there is not much they can do about it; and she suggested the Board look at the issue proactively and look at the contract. She advised she looked at the
Contract and it is vague; it says the drivers cannot persistently break the law; it should
go without saying that the drivers should be courteous to the residents; and the residents expect the service to be done courteously. She requested the Board look at the Contract and the Company closer to see that drivers like this are not on the highways.
Chairperson Colon inquired if any action has been taken; with Ms. Adams responding she has not heard anything. Ms. Adams stated all she gets is that they will take care of it. Chairperson Colon inquired who the Commissioner is for her District; with Ms. Adams responding Commissioner Scarborough.
Terrence Yomans stated Waste Management takes those issues very seriously; it is personal to him when there is an issue of speeding; he has a family; and his drivers and employees have families. He advised there are ten critical rules and obeying posted speed limits is one of those; they have a rigorous discipline policy; the issue was documented; and if it happens again the next step of discipline will be moved to. He stated that driver has been removed from that route; it satisfies the need to meet the requirements of that community so they no longer have to deal with that individual; and it will isolate the issue. He stated he has mandated that every one of his field supervisors is actively engaged in that area during those days of collection; the supervisors have been out there since that meeting; and the feedback he has received has been positive. He stated he has worked with Commissioner Scarborough’s staff; and the Company is committed to compliant and safety.
Chairperson Colon inquired if Ms. Adams was notified of the actions; with Mr. Yomans responding a report was directed to him; another gentleman will serve as that intermediate step; and he has communicated it to Commissioner Scarborough’s office.
BOARD CONSIDERATION, RE: MIMS SMALL AREA STUDY
Planning and Zoning Office Planner Randy Hunt stated it is a pleasure to present to the Board the Mims Small Area Study; typically staff would present to the Board factual information; when dealing with the community the facts and figures are never the whole story; visually as well as factually it is important to get a feel for a community when approaching it the way it was done with this plan; and it is a different kind of small area study. He displayed pictures depicting the Mims Small Area Study.
Chairperson Colon inquired who took the pictures; with Commissioner Scarborough responding Mr. Hunt and Commissioner Aide Kathy England. Mr. Hunt advised his son helped him take a few of the pictures.
Todd Peetz stated the study is hard to prepare and to get the community’s input; and staff did an outstanding job with this study. He stated the small area studies are to capture the character and the essence of the community; and this Study did that very well. He stated he is in support of the Study; and encouraged the Board’s approval.
Travis Giffey stated he wishes to defer his comments.
Blaine Lounsbury stated her property is on the corner of
Commissioner Voltz inquired if Ms. Lounsbury was speaking of her own property or all of Mims when she said she wanted the Board not to decrease the zoning; with Ms. Lounsbury responding it is specifically her property. Ms. Lounsbury stated economically speaking it is a mistake to take all of Mims and decrease the Future Land Use. Commissioner Voltz inquired what density is her property; with Ms. Lounsbury responding the current density of RU-4, which is four units per acre. Commissioner Voltz inquired what zoning will it become if it goes into effect; with Ms. Lounsbury responding it will be decreased to two units per acre. Commissioner Voltz inquired how that will impact Ms. Lounsbury financially; with Ms. Lounsbury responding financially it will impact her and with the decision of what her development will look like will effect her as well. Commissioner Voltz inquired how many acres she has; with Ms. Lounsbury responding 20 acres and she is attempting to purchase another 15 acres, and she is working with a neighbor who owns 40 acres.
Fred Kusterer, representing the Mims Community Group, stated he supports the Small Area Study; it is a good handle on the development coming to the area; and it is giving the citizens in the area a voice in the way it is developed.
William Haas thanked the Board for authorizing the Study; stated Randy Hunt and staff did a phenomenal job in putting it together; and requested the Board consider the Study as it will be the best thing for Mims to follow the recommendations.
Laurilee Thompson stated two weeks ago a person could tell that he or she was in Mims just by rolling down the car window at night and breathing in the night air; the fragrant aroma of orange blossoms was overwhelming; since the window of opportunity to experience this phenomenon is so short she tries to capitalize on it as much as possible; and it is easy for her because all she has to do on her way from work is to keep going past her house and drive east on Irwin Avenue and she is in the middle of the old orange groves on Hammock Road. She stated there she was sitting in her truck in the middle of the groves in the middle of the night listening to the frogs in the ditch and enjoying the small explosions of light from flickering fireflies in the bushes; orange blossoms covering the trees looked like a dusting of snow in the full moons glow; she flashed back to another full moon night in Mims nearly 50 years ago; a hard freeze was forecast; her dad and granddad had prepared for days making numerous trips back and forth to the junkyard in Bithlo hauling hundreds of old tires to the small grove in East
Mims; and when the temperature dropped to 28 degrees they would fire the grove, burning the tires in order to keep the fruit on the orange trees from freezing and keep the trees from dying. She advised she belongs to the last generation of Florida children who excitedly followed their fathers into the family groves, thrilled at the chance to legally start fires; nights when the groves were fired were magic to grove owners kids; they
would get to stay up all night and miss school the next day; and the children could run through the grass in the groves and hear the grass crunching under their feet. She stated when a person drove down Hammock Road he or she could see fires burning through the trees on both sides of the roads, the fog would be out, and it was just magical. She noted a few years later an anti-pollution law was passed prohibiting the burning of tires while firing the groves; most small grove owners could not afford to purchase smudge pots or the fuel oil to burn in the smudge pots, and the practice of fire in the groves became a part of Mims history. She advised 20 years later she found herself sitting in the groves on another Winter full moon night; patches of ghostly ground fog drifted by as she listened to the effects of the first of the series of devastating freezes of the 1980’s; three nights into the freeze fruit was raining from the trees and she heard soft thuds all around her as the oranges hit the ground, millions of dollars worth of fruit just falling from the trees; an occasional loud crack split the night air as freezing, expanding sap split open the trunks of old trees that had been there since the early 1900’s; and this was the beginning of the end for the billion dollar citrus industry along the north end of the Indian River. She stated large grove owners gave up the fight to remain in Mims, and the citrus belt moved south to a warmer part of the State, eventually straddling
growth near the urban core of Mims where County services are available, then the densities get lower as it goes further away from the Mims urban center. She stated lower density on the outer fringes of Mims will help to conserve the dwindling water resources; there can only be so many homes built before the water runs out; it allows choices for homeowners who want to build homes on large lots; those choices are rapidly disappearing for people in Brevard County; and that would ensure opportunities for those who do want to live on large lots. She stated the Plan recognizes the potential for Mims to become a destination hub for outdoor recreation like biking, hiking, birding, and fishing; and one of the most important aspects of the Plan identifies for preservation a critical buffer area for one of
Shawn Harris stated he wants to take the opportunity to thank Randy Hunt and Commissioner Scarborough for the opportunity to participate in the process; it has been a tremendous learning experience for himself and the community of East Mims; the Board made a good decision by going forward with the Study; there is a lot of good information to make good, sound decisions in the future; and requested that the Board support the Study.
Carlos Springfield stated as a property owner in the Mims area he is not fully in agreement with the Small Area Plan; the Study was initiated as a result of the Mims Incorporation, which he was not in favor of; everyone has done a good job; but it should go back a step. He stated if Mims does not incorporate then
rezoned, and are in the process of trying to do something with it. He noted if he had his preference he would leave some of that area that is going from one to two and one half into one-acre zoned land.
Commissioner Scarborough stated the Small Area Plan really gets into the details of what will work when getting into the Comprehensive Plan Amendments; with this product it can be moved forward to the Comprehensive Plan Amendments; and when that occurs the devil is in the details as to particular properties and how the County deals with them in a much more critical sense. He stated what staff tried to do, and it was done beyond his expectations, was to capture the community; as a person moves across the Lagoon it is probably one of the best portions along the whole East Coast; and it captures more communities than can be imagined in doing a Small Area Plan. He stated individual property owners need to get involved; the best thing for the Board to do is to move to the step of asking that it go to the state of being submitted to DCA as a Comprehensive Plan; and it is not to cut off the discussion but to invite the next level of details into the discussion.
Planner Randy Hunt stated one thing he would like to add about the nature of the Study is it is a much bigger Small Area Study than most that staff has done; those who have been on the Board have seen neighborhood-type studies; and those property boundaries are visible. He stated this is a 54-square mile area; it is difficult to capture the essence of the community and still have the individual property boundaries show up; and it ends up with something that looks like a fragment under a jumbled area. He advised what staff tried to do at this stage, knowing the second stage would be coming
up, is to set the tone for the community; there is a database that identifies the properties in the Study area; one of the things that will be done is to take the properties that have already been dealt with in some fashion; and that is built into the process.
Commissioner Bolin stated she wants to commend everyone who worked on the Mims Small Area Study.
Motion by Commissioner Bolin, seconded by Commissioner Scarborough, to approve the Mims Small Area Study, and direct Planning and Zoning staff to include its land use recommendations in the 2007-B Comprehensive Plan amendment cycle.
Commissioner Voltz stated she understands it is Commissioner Scarborough’s District, and everyone has done an excellent job in doing the study. She stated it was mentioned that there was an area that was one unit per two and one half acres; she does not know how many acres that encompasses; and the Board needs to be careful not to cause urban sprawl.
Commissioner Scarborough stated the Board was at a critical moment last Fall when it was forced to make a decision whether to proceed with an incorporation study or to go in this direction; thanked each Commissioner for going in this particular direction; and stated maybe the Board did not know it at the time but it did the right thing.
Chairperson Colon stated the Board did do the right thing; Mims is so unique; the County needs to try to hold on to as much as possible of how Florida used to look; there is not much undeveloped land left; and no one is saying to stop growth, but it needs to be smart growth.
Chairperson Colon called for a vote on the motion. Motion carried and ordered unanimously.
WARRANT LIST
Upon motion and vote, the meeting adjourned at 12:10 p.m.
ATTEST: _________________________________
JACKIE
BOARD OF
___________________
SCOTT ELLIS, CLERK
(S E A L)