MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

August 7, 2007

 

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on August 7, 2007 at 9:00 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon, Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

The Invocation was given by Pastor Edward Buckner, Friendship Primitive Baptist Church, Cocoa, Florida.

 

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

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the May 8, 2007 Regular Meeting Minutes.  Motion carried and ordered unanimously.

 

 

Employee Relations Manager/EEO Leslie Jones stated he wants to recognize and present the Professional Development Certificates to those employees who voluntarily attended the Employee Development Program and successfully completed and passed all three phases of the Program during the first half of 2007.  He advised the Office of Human Resources annually presents a series of 18 classes organized into three phases, representing 75 workshops, to employees seeking to improve his or her knowledge of interpersonal and communications skills, the continuous improvement process, and organizational philosophies and objectives; phase one includes workshop topics such as communicating for results, conflict resolution skills, and basic writing skills; phase two includes workshop topics such as motivation skills for supervisors, team building, and dealing with difficult people; and lastly phase three includes workshop topics such as supervising, performance evaluations, discipline, caring for our own, managing risks effectively, and managing diversity.  He noted since January 2007 when the last certificates were awarded, he is happy to report that 15 additional employees have completed all three phases and passed the volunteer examinations earning his or her certificate of professional development, seven of which achieved honors.  He stated the following employees have successfully qualified for and achieved certificates for completion through commitment and hard work by scoring a 70 or above on all three examinations:  Carol Cassady, Library Services Department; Irma Fordham, Library Services Department; Sandra Haas, Parks and Recreation Department; Edward Maurer, Mosquito Control; Kimberly Prosser, SCGTV-Communications Department; Jorge Santiago, Mosquito Control; Theresa Shell, Parks and Recreation Department; and Mike Webb, Road and Bridge Department.  Mr. Jones advised the following employees have successfully qualified for and achieved his or her certificate of completion through efforts by successfully averaging a score of 90 or above on all three phases; the first two employees are not present but he wants to commend them for the outstanding accomplishment; and it is Carl Laub, Library Services Department, and Jann Rollins, Parks and Recreation Department.  He advised the remaining employees with honors are as follows:  Barbara Burgess, Library Services Department; Karen Dreschel, Library Services Department; Mary Beth Doud, Library Services Department; Norman Miller, Parks and Recreation Department; and Cindy Paulin, Fire Rescue Department.  

Commissioner Bolin read aloud a resolution congratulating Eagle Scout Robert Davy Kneessy.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Robert Davy Kneessy for his accomplishments as an Eagle Scout.  Motion carried and ordered unanimously. 

Robert Kneessy stated he learned a lot about leadership through the Eagle Project; all of his assistants kept working on the Project; it took two weekends to finish; he appreciates all of the support from his family and friends during all his years of Boy Scouts; and he is proud of the Troop and the help he received from everyone.

 

 

Commissioner Scarborough read aloud a resolution congratulating Eagle Scout Robert L. Miller.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution recognizing Robert L. Miller for his accomplishments as an Eagle Scout.  Motion carried and ordered unanimously. 

Robert Miller stated he worked really hard on the Eagle Project; his younger brother joined the Boy Scouts long before he did; being an Eagle Scout is earned, not given; and it builds leadership, confidence, and courage.

Chairperson Colon stated she and Commissioner Bolin attended the 100^th Anniversary of the Boy Scouts; it is incredible the amount of support from the community for the young men; and thanked the parents for standing behind those boys.

Commissioner Scarborough stated Government Relations Manager Leigh Holt went to a seminar yesterday; and inquired if it is anticipated that in the future 90% of all the engineers would be employed in Asian countries.  Government Relations Manager Leigh Holt responded yes.  Commissioner Scarborough stated people are talking about the Chinese beating the United States back to the moon and it is more concerning than that.  He stated he wants to recognize Ms. Holt for her efforts with the Legislature; he has not seen a more difficult Legislative Session that led to more confusion than this year; and the County would never have made it through having any understanding unless Ms. Holt was up there guiding the Board and giving it all the information.  He requested the Board and audience give Ms. Holt a standing ovation. 

 

Chairperson Colon thanked Ms. Holt for everything she did for the County and keeping the Board abreast of everything that was going on in Tallahassee; and stated it was a very difficult session. 

 

 

County Manager Peggy Busacca stated there are several items she would like to remove from the Agenda; first is Consent Item III.D.6, Approval of Request for Proposal for Emergency Medical Services (EMS) Billing; she wants to continue Item VI.D, Ordinance, Minor Structures Located East of the Brevard County Coastal Setback Line (CSL) to September 11, 2007; and to move Item VII.A, Citizen Request – Warren Beans to Waive Requirement to Pave Primrose Drive, to the August 21, 2007 meeting.  Chairperson Colon inquired if Ms. Busacca needs a motion for all three items; with Ms. Busacca responding she only needs a motion to continue the public hearing, Item VI.D.   

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to continue Item VI.D, Ordinance for Minor Structures Located East of the Brevard County Coastal Setback Line (CSL) to September 11, 2007.  Motion carried and ordered unanimously.

 

County Manager Peggy Busacca stated she has a special presentation for the Board that staff asked her to make; she knows the Board has expressed a special interest in Menzi Mucks; and staff has managed to provide a picture for the Commission to display in each office of a Menzi Muck in action.  Chairperson Colon advised the audience that the Board was not sure Menzi Muck was a real word, so staff needed to show proof that it is a piece of equipment.

Commissioner Nelson stated the Board is in the middle of the budget process trying to meet State mandates; during that process Commissioner Voltz has been tasked with work with the Myregion process; it slipped past and Commissioner Voltz was placed in a position of signing a contract; and the Board did not have a chance to have public comment.  He suggested it would be appropriate to consider having this item placed on the Agenda so the citizens can understand what it is that has occurred but also having the opportunity to comment on it; stated it in effect says the County agrees to certain processes, procedures, and those kinds of things; and it will take the mystery out of it if the public has a chance to speak and the Board will get good input.  Chairperson Colon inquired if someone will give a presentation from Myregion.  Commissioner Voltz responded there is a meeting August 10, 2007; everyone can speak on any of the issues; and it is an open public meeting in Osceola County.

 

Chairperson Colon stated Commissioner Nelson is referring to a local meeting.  Commissioner Voltz inquired if Commissioner Nelson wants to do this before the August 10, 2007 meeting; with Commissioner Nelson responding the Board cannot do it by August 10^th.  Commissioner Nelson stated there is concern and misunderstanding; and he does not want to see the process necessarily derailed because the Board did not have a discussion.  Chairperson Colon inquired how many people can be expected; and stated what the Board can do is put it on the Agenda at a Board meeting and have someone come and speak.  Commissioner Voltz advised a workshop was done on all of this; this information has been out there for quite a long time; she has passed it on to the Board Members several times and requested comments; and she did not receive a response from anyone at that time.  She advised her signature did not commit Brevard County to anything whatsoever other than working together; she does not know that having the whole discussion all over again is going to make a difference; and she does not know where the Board is headed with this.  Chairperson Colon inquired if people have concerns would the Board like to have it on record; and stated the Board can invite them to come and he or she can speak under Public Comment at the workshop so that anything that is stated as far as concerns from the citizens can be taken back to the August 10, 2007 meeting.  She stated there is a workshop scheduled for Thursday at 1:00 p.m.; and the Board can have people come to speak at that time.  Commissioner Scarborough stated he thinks Bill Parsons is on a very tight schedule; it is fine to schedule it as an item after that discussion; but the Board may run into some problems if it is not done that way.  He advised the Board will have Mr. Parsons speaking; there may be calls coming in from some other centers, and there are other people, such as the Delegation sending members; and it would be nice to just complete that discussion and go into it as a secondary item afterwards.  Commissioner Nelson stated timing wise it will not make any difference; and the Board can just put it on a regular Agenda.  Chairperson Colon inquired when is the next regular meeting; with Ms. Busacca responding August 21, 2007.  Chairperson Colon stated it can be put on the August 21, 2007 Agenda to get some feedback.   

Commissioner Nelson stated he and Commissioner Bolin get to flip a coin to see who will tell the East Central Florida Regional Planning Council (ECFRPC) that Brevard County wants to reduce its payments by 10%.  Commissioner Bolin advised she yields to Commissioner Nelson.  Commissioner Nelson stated there is a meeting on August 15, 2007; the Board, at a budget workshop, requested it be presented to the ECFRPC; and the ECFRPC is already planning somewhere between 6% and 10% reduction in the fees.

 

Chairperson Colon stated County Attorney Scott Knox spoke with the attorneys from ECFRPC; inquired what does the Council mean by a formula; and stated she hears the ECFRPC does have the flexibility to reduce the fees.  County Attorney Scott Knox responded the attorney did not call him back.  He stated the Council can formulate its own due structure; it has done so through its Rules and Regulations; it attributes some amount to each County based upon whatever formula it has; and it has the ability to change that if it wants to.  Chairperson Colon requested Mr. Knox put something in writing to her; stated it is not what was said to her; and that is why she did not want to get into the whole legal issue.  She stated now with the constraints the Board has, it would be beneficial to see how far the Council can go; if by law the Council is able to go higher than 6% to 10%, the Board would prefer for them to go higher; but the Board wants to have proof of what it can do or not do. 

 

Commissioner Voltz requested the Chairperson send a letter to the other county commissions indicating Brevard County is going to request a reduction in the fees so that maybe they can do the same thing.  Chairperson Colon advised that letter is ready.    

 

Commissioner Voltz stated there is a Florida Association of Counties Policy Committee Conference in Gainesville on September 26-28, 2007; she will not be able to attend the Conference; and requested another Commissioner attend in her place.  She stated the meeting is regarding Legislative Policy.  Chairperson Colon stated whoever is able to attend will let Commissioner Voltz know.

 

 

Yvonne Minus, President of Melbourne Police Community Relations Council, stated she is present to thank the Board for its support and approval for allowing two delegates to attend the National Conference on Preventing Crime in the Black Community in Orlando; the Board is helping the County to get rid of crime, drugs, and illegal activities; Commissioner Voltz was very instrumental in bringing forth the Amer-I-Can Program with James Brown and State Representative Mitch Needelman; it is a pilot program in the Melbourne area; and she is excited about it being promoted in the four local schools in the south area of Brevard County. 

 

Chairperson Colon stated she is thankful for Ms. Minus’ leadership and also to Commissioner Voltz for all that she has done; requested Ms. Minus to contact Mayor Mike Blake in Cocoa; stated he is interested in what is being done; and he would like to do something similar in Cocoa.  She advised Mayor Blake is interested in any meetings that will take place; and she wanted to share that with Ms. Minus.  Ms. Minus stated she has received several calls in reference to Amer-I-Can Program; and she will follow up with Mayor Blake.  Chairperson Colon inquired if there were only four counties picked in the entire State of Florida; with Ms. Minus responding yes.  Chairperson Colon inquired if it is possible for Mayor Blake to be part of those meetings even though he may not be able to start the Program in Cocoa; stated when Commissioner Voltz was assigned to this it was not just for one particular district; Commissioner Voltz was representing Brevard County as a whole; and she wants to make sure the dollars that were invested will benefit other communities.

 

Commissioner Voltz thanked Yvonne and James Minus and Bennie Hopkins for helping with the Program; stated she is not sure how the schools were chosen; at this time Yvonne, James, and Bennie are meeting with the School Board; and Mayor Blake should contact the School Board because none of them are really involved in the implementation of the Program.  Chairperson Colon stated Mayor Blake was also interested in when those folks meet not just with the School Board; she does not know if Ms. Minus is following up or if it has been completely given to the School Board and she is stepping back; and inquired if Yvonne, James, and Bennie will still be involved or completely out of the picture; with Ms. Minus responding so far she, James, and Bennie are still a part of the Program; stated they have been instrumental in getting facilitators and Peace Corp leaders; facilitators are located in the schools and report to the principals; she has given recommendations of who she feels are qualified to meet those needs; and then those people are interviewed and then go from there.  Commissioner Voltz stated State Representative Mitch Needelman is more involved than she is in the process; and he is involved with the School Board.  Chairperson Colon stated she just wanted to make sure if there was a task force or anything of the sort that could be taken advantage of.

 

James Minus distributed copies of his minutes from the Conference to the Board.  He stated to the Board, especially to Commissioner Voltz, that he wanted to thank everyone for allowing him to attend the National Conference on Preventing Crime in the Black Community on May 30 through June 1, 2007; it was an extreme pleasure to be there and a lot was learned from the Conference; it started with some irony in that as he arrived the very purpose he was there for was taking place in the parking lot of the Conference site; two individuals were committing a crime in the parking lot; and two police officers stopped the crime.  He stated the most amazing thing to him involving that incident was the lack of respect for the law, judicial system, and citizens by those people who committed those crimes; it seems to be prevalent in all criminal situations; and those people seem not to care about people, law, or those things he or she need to do to be positive citizens.  He advised during the Crime Conference much was shared in the areas of crime prevention and the recognition of crime; it will take the efforts of all law abiding citizens to work together to rid the streets and neighborhoods of crime; it is not just in the black communities; and it is now reaching into the suburbs and those gated communities.  He noted from the Crime Conference it was discussed that the youth need to be educated on available programs for he or she to succeed in life; when he or she finishes school they feel like there is no where to go; he or she has no option but to go back to crime; and that is one thing the Conference was teaching.  He stated parents need to be concerned; many parents are not in tune with the youth in the way the youth talk to others; and the parents need to be more in touch with that.  He stated churches are a big help to the effort in that the church has that mass of people who can talk to the youth; a lot of the crime is being committed by those families in the church; and Christians need to address those issues.  He stated programs need to be implemented and made available in the communities; abuse and child neglect programs are not well known in the communities; it takes a lot of effort to try to find them, people get hurt, and a lot of times people are told to go back to the same situation he or she came from; and the youths do not get the help he or she need.  He stated the Legislatures need to be involved; criminals are making a mockery of the system; when a crime is committed the criminals know the time it will be done, how long he or she will be out, and it does not matter to he or she if they are arrested; and those youths need to be rehabilitated.  He stated Mr. Brown said “there is no way to keep everybody crime-free, but those that do want to be saved we need to save them.”  He stated individuals need to be rehabilitated who have been released from incarceration; a lot of times when a person is released from jail he or she does not have anywhere to go; jobs and programs need to be provided to those people; and people can come back into society and feel confident being there.  He noted there is no overnight fix to the upswing of crime; it takes careful planning and involvement from all concerned citizens; and it will make a difference in the communities.  He stated it was a wonderful experience and he appreciated the Board allowing him to be involved; and people who attend those type of conferences need to share what he or she learns with the community.

 

Chairperson Colon stated one of the things James Brown mentioned was regarding the jails; it is a huge focus because there is a captive audience; if the young men and women can be helped at that particular age where he or she is taking a second look at what they have done it is tremendous; and inquired if Mr. Minus knows of any other programs other than the school programs that can be shared with Sheriff Parker and be able to have some sort of partnership, and if there is any talk of that happening.  Mr. Minus responded in the brochure it shows the Air National Guard and a lot of the sheriff units have some programs; there are several programs in the communities; and it needs to be advertised more and come more to the forefront.  He stated during the community meetings more organizations are present but a person never knows who he or she is because the only time a person sees he or she is at those meetings; and those people should be more available for those needs.  Chairperson Colon advised one good program is the Space Coast Marine Institute; it is incredible what is done with those young lives; when those young men graduate a good percentage are already enrolled in college; it would be good for the community to hear testimonies of those young men; and it is by investing the type of love and discipline that is needed for the young people to get on the right track.  She stated her appreciation for people like Mr. Minus because it will take everyone to make a difference.

 

Commissioner Bolin thanked Mr. Minus for all of his hard work; and requested he call her office as she wants to pick his brain on some of the things he learned at the Conference.  Mr. Minus responded affirmatively. 

 

Bennie Hopkins stated the handout Mr. Minus distributed to the Board is very informative and thorough on what the overall Conference consisted of; and to keep from being redundant he is going to mention a few points that will be presented in the local conference in October.  He advised when Commissioner Voltz requested he and Mr. and Mrs. Minus make a three to five-minute presentation on what was taken away from the black-on-black crime conference attended in Orlando and give a brief synopsis of how that information will be used in the local conference in October, he thought it was the least they could do; if a dent is to be made in the crime problems faced in the community by the young hoodlums, thugs, and gangs that are mostly responsible, a targeted audience needs to be informed of the type of problems the community is up against; the only way to accomplish that task is to persuade the pastors of the churches to get members involved in what is trying to be accomplished; the first way the pastors can do that is by attending meetings leading up to the conference and find out what role he or she can play with the audience every Sunday morning; and if the pastors do not get involved it may hamper the achievement of designated goals of eliminating or at least alleviating a large portion of the crime throughout the communities.  He stated the community needs to be successful in turning the young black males away from a life of crime versus being a responsible, contributing, and productive adult; the major problems in the communities are not about the man across town; and the problems are all about them.  He noted there are too many churches in the community and available social service programs for any family to go hungry, barefoot, and in some cases, not even having a roof over a person’s head; predicaments of this nature do happen; the drug dealers are the ones that fill that void by coming to those homes if he or she is not already there as a member of the family; drug dealers provide food for the hungry babies, put shoes on the children, as well as the many instances of clothes on the children’s backs; and inquired what single mother is going to turn down what she considers is her good fortune and allow her children to go hungry, barefoot, and naked.  He stated another damaging misconception that must be overcome that has been perpetrated by a great number of the young African-American students is that to graduate at the head of his or her high school class a person must be white; those people do not live up to his or her potential; and he or she must overcome that false thinking.  He advised anytime a young black male fails in school and eventually drops out of school, a high percentage of those individuals have a life of crime that will follow; even those who do graduate are only interested in the National Football League (NFL), National Basketball League (NBA), and the Women’s National Basketball Association (WNBA); and by doing this he or she is not taking into consideration only a few people are actually drafted throughout the entire year.  He stated of the 84,900 current inmates in the Florida prison system, compared to the overall small black population throughout Florida, it is mind boggling.  He advised broken things can be mended and wrong can be made right; it is up to people to decide how much effort he or she wants to do to bring about results.  He thanked the Board for his attendance at the Conference; stated he learned a lot; and he is looking forward to sharing it with the community at the local conference in October.

 

Commissioner Voltz advised she had certificates to distribute to Mr. Minus and Mr. Hopkins.

 

Mr. Hopkins advised down through the years he worked closely with former Commissioner Nancy Higgs; he represented her on a lot of the County boards; but in the past three or four months Commissioner Voltz has taken up those reins; he has met with her just about every week on her off time; she has made every meeting; and he is looking forward to working with her in the future.  He stated he cannot think of a better County Commissioner to represent District 3 as well as the rest of the County.  He stated Chairperson Colon brought up a good point, crime does not just happen in South Melbourne, crime does not have any borders; and the Board needs to be concerned about the entire County. 

 

Commissioner Voltz advised the potential dates for the local conference are October 13^th or October 27^th; and she is waiting to see who can attend the local conference and how he or she will fit into the agenda.  Chairperson Colon inquired if this local conference will be for all of Brevard County; with Commissioner Voltz responding it is a local crime conference.  Chairperson Colon stated she wants to invite other pastors throughout the County that she has an excellent rapport with and who work closely in the community; and those pastors would like to be part of something like this.

 

 

Commissioner Bolin stated she and Chairperson Colon had the honor of attending the 100^th anniversary of the founding of the Boy Scouts; there was a wonderful ceremony very early in the morning; it was great to see all of those bright, smiling faces of those young gentlemen who achieved so much; and she congratulated those young men on the accomplishment.   

Commissioner Bolin stated the Pelican Beach Park has been reopened; the ribbon cutting was held over the weekend; it was a very nice, warm day; and it is open for everyone to enjoy.

Chairperson Colon stated there are four items that the public has requested to be removed from the Consent Agenda; the first is Item III.B.5, Approval of Professional Services Agreement Amendment No. 14 with Honeycutt & Associates, Inc. for Veterans Memorial Pier; next is Item III.C.3, Resolution to Consider Tax Abatement Application for Cabinet Designs; the third is Item III.C.4, Resolution to Consider Tax Abatement Application for Confidential Project (06/07) 4-2-24 E; and the final one is Item III.C.5, Resolution to Consider Tax Abatement Application for Confidential Project (06/07) 5-2-28 E. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Renewal of Stormwater Interlocal Agreement with the City of West Melbourne to allow the County to continue to administer and manage the Stormwater Program for the City of West Melbourne.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Renewal of Stormwater Interlocal Agreement with Town of Malabar to allow the County to continue to administer and manage the Stormwater Program for the Town of Malabar.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve Legislative Intent and permission to advertise a public hearing to consider adoption of the proposed amendments to Chapter 62, Article X, Division 4, Code of Ordinances of Brevard County, Florida, relating to Wetlands Protection specifically amending Sections 62-3693 General Provisions, 62-3694 Permitted Uses, 62-3695 Prohibitions, and 62-3697 Penalties, Additional Remedies.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Contract Amendment No. 1 with the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems for the Brevard County Shore Protection Project.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve wetland restoration plan as submitted to the Natural Resource Office by Mr. Ivan Rodriguez, owner of property at 615 East Crisafulli Road, Merritt Island.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Contract with Bonita Beach, LLC for guarantee of performance for infrastructure improvements for Bonita Beach Condominium.  Motion carried and ordered unanimously. 

               

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant final engineering approval for Tuckaway Road Improvements, subject to minor engineering changes as applicable and developer responsible for obtaining all other necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Amended Building Code Fee Resolution as recommended by the Building Construction Advisory Committee (BCAC).  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant permission to the County Attorney to file an injunction on behalf of Code Enforcement against Barbara Kortekaas for continuing violations of Brevard County Code Section 94-48, Failure to Maintain Residential Property; Section 94-313 through 94-314, Junk Vehicle; Section 62-2117 (c) Parking, Locating, and Storing of Recreational Vehicles and Equipment and Cargo Trailers.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant permission to the County Attorney to file an injunction on behalf of Code Enforcement against Scott W. Oha and Robert L. Hartman for continuing violations of Brevard County Code Section 114-28, Excessive Accumulations of Unattended Vegetation; Section 94-311, Junk/Abandoned Vehicles; and Section 94-48, Failure to Maintain Residential Property.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve Stipulated Final Judgment including all damages, costs, and fees in the amount of $93,576.30 for value, costs, and fees for Defendant, Reb Oil Leasing, Inc., Parcel 126.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Joint Participation Agreement, Supplemental Amendment Number 1, with the Florida Department of Transportation (FDOT), and adopt the associated Resolution, for additional funding towards the design of the Ellis Road/Nasa Boulevard Realignment.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve ratification of Emergency Purchase Order #4500046297 issued to Atlantic Development Company in the amount of $142,024.14 for an emergency sewer main repair.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute State-funded Subgrant Agreement with the State of Florida, Department of Community Affairs (DCA) for the Low Income Emergency Home Repair Program (LEHRP); and to authorize the Chairperson to execute all future agreements and amendments, contingent upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously.  

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Federally-funded Subgrant Agreement with the State of Florida, Department of Community Affairs for Community Services Block Grant for 2007-2008; and to authorize the Chairperson to execute future amendments, contingent upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the South Lake Conservation Area Management Plan under the Environmentally Endangered Lands Program.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution accepting the 2007 Legislative Appropriation Grant of $250,000 for funding for the Museum Expansion at Veterans Memorial Park; authorize the County Manager to execute the State’s Standard Grant Agreement and any required Amendments; authorize the Project Account to be established; authorize advertisement of Request for Proposals from Architectural and Engineering firms; appoint a Selection Committee consisting of Parks and Recreation Director or designee, Assistant Parks and Recreation Director Cheryl Page or her designee, Interim Central Area Operations Manager Dave Pemberton or his designee, Assistant County Manager Stockton Whitten or his designee, and Veterans Memorial Council Chairman Maurice Meisner or his designee; appoint a Negotiating Committee consisting of Parks and Recreation Director or designee, Assistant County Manager Stockton Whitten or his designee, and County Attorney Scott Knox or his designee; and to authorize the Chairperson to execute the negotiated Contract for Professional Services.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Authorizing Resolution and to execute Grant Agreement of the Urbanized Area Formula Program Public Transportation Capital Grants from the Federal Transit Administration in the amount of $1,092,423 for Space Coast Area Transit; authorize staff to submit the Grant Amendment electronically; authorized Transit Services Director to execute and submit the Grant Amendment electronically contingent upon approval by the County Attorney and Risk Management; and to execute any additional follow up documentation, resolutions, and amendments necessary to secure the funds.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Authorizing Resolution and execute Grant Application for the use of Florida Department of Transportation Toll Revenue Credit for the FY 2008 Urbanized Area Formula Program Public Transportation Capital and Operating Assistance Grant from the Federal Transit Administration in the amount of $3,367,483 for Space Coast Area Transit; authorize staff to submit the Grant Application electronically; authorize Transit Services Director to execute and submit the Grant Agreement electronically contingent upon approval of the County Attorney and Risk Management; and to authorize Transit Services Director to execute any additional follow up documentation or resolutions and amendments necessary to secure the funds.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt the Special Magistrate’s Recommended Order for Jung-Lin Chen and Shu-Ching H. Chen, to grant the applicant’s vested rights petition and record.  Motion carried and ordered unanimously.

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt the Special Magistrate’s Recommended Order for George Jacques and Susan Jacques, Case No. 07-03, to grant the applicant’s vested rights petition and record.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt a Qualified Target Industry Resolution benefiting a company that the EDC requests be Confidential Project (06/07) 5-2-28 E.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt a Qualified Targeted Industry Resolution benefiting a company that the EDC requests be Confidential Project (06/07) 4-2-24 E.  Motion carried and ordered unanimously. 

 

               

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize an Interlocal Agreement with the City of Cocoa for the design, permitting, and construction of a waterline on Merritt Avenue.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize the advertisement, acceptance, and negotiation of a Request for Proposal from qualified firms for a minimum of two continuing contracts for professional software development services and authorize the Chairperson to execute the resulting contracts; and to establish a Selection and Negotiation Committee consisting of Software Development Manager Lois Boisseau, designee from the IT Technology Advisory Group, and Information Technology Director.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize a bid from qualified firms for purchase and implementation of the LANDesk Desktop Management System and authorize the County Manager to execute a contract for the system unless the bid is in excess of $100,000, in which case it would be the Chairperson.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant permission for the County Attorney to file an injunction on behalf of Code Enforcement against Barbara Mejias, asserting the continued violation of Brevard County Code §62-1338, §62-1841.5.5 for failing to meet the zoning conditions required for operating a resort dwelling and §62-1155 for failing to obtain zoning approval for an occupational license to operate a resort dwelling.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant permission for the County Attorney to file an injunction on behalf of Code Enforcement against Norman M. Giller, asserting the continuing violation of Brevard County Code §62-1340 and §62-1945.2 for failing to meet the zoning conditions for operating a resort dwelling and §62-1155 for failing to obtain zoning approval for an occupational license to operate a resort dwelling.  Motion carried and ordered unanimously.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to confirm the term of the Agreement with Brevard Associated Court Services, Inc. for court reporting services for the County for an initial term of two years, from July 1, 2007 to June 30, 2009.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the cost of advertising for, and the scheduling of, a private executive session to be held on August 21, 2007, at 11:30 a.m. or as soon thereafter as possible, pursuant to Section 286.011(8), Florida Statute, in the case of Brevard County v. Indianapolis Home for the Aged, Inc., Case No. 05-2005-CA-020646-XXXX-XX, for the purpose of discussing settlement negotiations or strategy related to litigation expenditures.  Motion carried and ordered unanimously.

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute State-funded Subgrant Agreement with State of Florida, Division of Emergency Management, to enable the Emergency Management Office to conduct site visits and hazard analysis of Section 302 Facilities with extremely hazardous substances, and to allow the County Manager or designee to sign all and any subsequent documents associated with the grant.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the revised precinct legal descriptions for changes to existing precincts due to annexations by the Cities of Cocoa, Melbourne, and Titusville.  Motion carried and ordered unanimously. 

 

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

Ann Coburn stated several years ago she spoke to the Board about tax abatement; and she was contacted by Economic Development President and CEO Lynda Weatherman who invited her and her husband to meet with her.  Commissioner Scarborough inquired if Ms. Coburn would address the audience what item she is speaking about; with Ms. Coburn responding Items III.C.3, III.C.4, and III.C.5.  Ms. Coburn stated Ms. Weatherman showed her tax abatement can be a beneficial program; when she spoke about the tax abatement issue before she suggested some changes to the Ordinance, which were not done; and since the County is in the mindset of saving money, she hopes the Board will consider her recommendations again.  She suggested giving the tax abatement retroactively after the first business year, not in advance; stated it actually allows the abatement to be earned; and it will save County taxpayers by not just giving the money away and spending the money on trying to recoup abatements that had been given and not been complied with by the business.  She noted computation of average salaries, under the current system it would be possible to have a company president and vice president making $200,000 a year or more and eight employees making minimum wage; that is eight employees who could not afford to spend money or buy a home in Brevard County; instead she suggests a computation of the two highest and two lowest salaries and average the rest; and that should give a fair estimate of the true impact both economically and as far as employment.  She stated the programs benefit is supposed to be a two-way street, not just helping business; because of this the benefit should only be given to companies that would normally pay taxes to Brevard County; this would not include businesses in areas that do not pay taxes to the County; and inquired if companies located in Port Canaveral pay the County taxes.  She suggested a change to the wording in the Ordinance; Section 102.186(c) says, “The Board shall pass a resolution referring the application to the EDC for a review and recommendation of denial or approval specifying the degree and length of exemption recommended”.  She urged the Board to delete the words “specifying the degree and length of exemption recommended.”  She advised the Ordinance should say “The Board shall pass a resolution referring the application to the EDC for a review and recommendation of denial or approval”.  She stated the ordinance application includes a statement on the environmental impact of the business; and inquired who decides this such as in the case of a cement plant.  She stated it is not a priority of the EDC and the wording change should take care of it.  She requested the Board consider the suggestions before it makes any more abatements.

 

Commissioner Scarborough stated the Board is in the process of reviewing that Ordinance; the issue is at the same time the County has lack of revenue; it is also facing the potential layoffs at Kennedy Space Center and a loss of jobs; and it is a critical issue for the entire community.  He inquired when the Ordinance will be coming back before the Board; with Economic and Financial Programs Director Greg Lugar responding staff hoped to be at the next Board meeting with some thoughts and proposals.  Commissioner Scarborough inquired if Ms. Coburn can get a copy of those; with Mr. Lugar responding sure.

 

 

Joan Wheeler stated she is speaking on the Agreement to spend some money to begin the plans for the Veterans Memorial Pier in Titusville; the money disappeared from the 2000 funds; now there are funds from 2006; and she wants to make sure it is budgeted in such a way that the citizens know the money is being spent for what it is supposed to be spent for.  She stated there is $78,800 worth of plans sitting up there in City Hall that were done by Honeycutt & Associates for Marina Park; now it is just old stuff and it will have to be started again; when the work begins on the Veterans Memorial Pier people just do not know about the money; the original money for the Pier was $850,000; and that was spent a long time ago building the concession stand.  She stated the Pier is going to be $3,000,000; $2,400,000 will come from FEMA to pay for the rest of it; there appears to be $600,000 on that; and inquired if it is a budget, wish list, or just a draft that was presented to the citizens.  She stated the Agenda Report says the requested action is for $298,414; further down on the page it states that the funds are available in the Veterans Memorial Pier Referendum Budget; and inquired if there is a budget that shows where all the money is to be put.  She advised the last meeting she attended, she distributed to the Board information that was given to the citizens from Parks and Recreation Department.  She inquired who is doing the budgeting, and if the citizens can get a guarantee it will not happen like the last time.  She noted on page 7 of the attached agreement it says the total compensation is $405,450; on page 6 of the agreement it states optional services the County may be paying for; and that may be the whole $600,000.  She requested the Board not to push on it until there is a more stable budget and knows what kind of money is really being spent.    

Del Yonts stated the current worldwide employment of his company is around 18,600, with Florida employment around 1,495, and about 1,200 of those are in Brevard County; the other expansion sites where there are other facilities were in Portland, Oregon; Richardson, Texas; Cedar Rapids, Iowa; and Mexicali, Mexico; the decision was made to have the business in Brevard County; stated one of the key issues was the tax abatement the County is able to consider; and of the employment today 90% of the employees have resided in Brevard County for at least two years.  He advised the investments he is looking at making in Brevard County is $3,860,000 capital investments, with construction renovation of about $1.5 million; it will be substantially office and lab primarily for design engineering; over 80% of the facility he is looking at would be used for design engineering and lab purposes; and the rest of the expenditures are $1.5 million for construction renovation manufacturing equipment, and the lab will be over $700,000.  He stated the upgrading of all telecommunications will be $480,000, a new security system of $180,000, so a substantial investment will be made in this facility.  He noted the planned commence date was August 2007; now it looks like October 2007 if everything can get completed in that time frame; the current building is rather full; and they need to get into the facility as soon as possible.  He advised the building is approximately 60,000 square feet and the proposed expansion would be creating over 250 jobs over three years with the average salary of those jobs at $60,000.

 

Commissioner Scarborough inquired what the average wage is that the County looks at when a person requests tax abatement; with Mr. Lugar responding approximately $36,000.  Commissioner Scarborough stated what is great about Brevard County is there are better paid average people than any county in the State because of the things Mr. Yont’s company is doing; this is the reason the program needs to continue; a person can go to other counties and find a totally different world there; and it is working with those companies through those programs that allows the County to have these types of jobs for its people. 

 

Commissioner Voltz stated this is just to advertise for a public hearing, so the public hearing will come up later.

 

Commissioner Scarborough stated he requested the Board get a copy of the spreadsheet Ms. Wheeler was speaking about; on it the money was collected from the referendums and other monies being received; the amount of money is $3.4 million the project will receive from FEMA; and that was one million more than the spreadsheet Ms. Wheeler saw.  He advised the County was projecting over $16 million in available funds; the funds were there to do all of the projects; and he did not anticipate staff would be so successful getting that money from FEMA; and suggested giving staff applause for this remarkable feat. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Professional Services Agreement Amendment No. 14 with Honeycutt & Associates, Inc. for architectural and engineering services at $298,414, for replacement of the Veterans Memorial Pier.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt an Economic Development Tax Abatement Resolution qualifying Cabinet Designs as an eligible business under the County’s Tax Abatement Program and to authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt an Economic Development Tax Abatement Resolution qualifying a company that the EDC requests to Confidential Project (06/07) 4-2-24 E, as an eligible business under the County’s Tax Abatement Program and to authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt an Economic Development Tax Abatement Resolution qualifying a company that the EDC requests to 
 

 

Confidential Project (06/07) 5-2-28 E, as an eligible business under the County’s Tax Abatement Program and to authorize a public hearing to consider adopting an exemption ordinance.  Motion carried and ordered unanimously. 

 

 

Richard Wiack stated he is a retired engineer, he has worked in government, NASA and DOD, and private industry in the automotive area; he mailed each Commissioner a draft executive report called Florida Intercity Passenger Rail Vision Plan; and it was prepared for the Florida Department of Transportation (FDOT).  He advised except for the Amtrak, Silver Star, and Silver Meteor Trains, Florida does not have a statewide passenger rail system; those two Amtrak trains go from Miami to Orlando and then to Jacksonville before leaving Florida; for the most part, Floridians rely heavily on using cars to get around; and having retired from an automotive company, he is not advocating people get rid of cars but it is good to have a backup system.  He stated if I-95 is closed or has problems there is a problem; he urged the Board to support the Plan; stated his only recommendation is that the initial line be from Bradenton to Port Canaveral through Tampa and Orlando and that it be a high speed rail; and the high speed rail will get the County federal money to help pay for it.  He noted the Florida Plan that was given to the Board does not have the high speed rail, it is just a 127 miles per hour limit, and the high speed rail is 150 miles per hour.  He noted the high speed rail going to Port Canaveral means the Port can be serviced, which will be getting larger cruise ships in the future, so handling large numbers of people having a large rail system available would make sense; and Brevard County will have another hurricane evacuation route.  He advised Orlando is getting a north/south commuter line; this happened because a commitment was made to research the area and come up with reasonable solutions and commitments from neighboring cities and counties; the result is that those counties will now have a commuter line; and Brevard County should do the same.  He stated his concern is that the fact should be considered that there is no alternative to using cars; Brevard County is located on the eastern edge of the State and there are a lot of senior citizens and visitors; it would appear that having some sort of passenger rail system would make sense when not dependent on oil; and a train system could be electrified.  He stated there is material in the handout for the Board to read; he hopes it gives that its attention; and the last pages is Machiavelli’s Philosophy of Change; engineers always need a philosophy of change because he or she is always trying to do something and are on the defensive when a change is proposed; and the people attacking have it easy.  He stated if a person goes to New York and New Jersey, light rail and trolleys are there; and the County needs to do it before it is too late.

 

Chairperson Colon inquired if Mr. Wiack can get all of the information on this issue as there has been discussion before on this; with County Manager Peggy Busacca responding she will do it.

 

 

Regina Schwantz, representative of MJ & B Builders, stated she wants to request a waiver for a variance on a zoning that is already under construction; the Zoning Department had stopped construction; now she is under construction again; and she was told she needs to get a variance.  She advised the minimum square foot requirement for the zoning of EU is 2,000 square feet but she was told her zoning was RU-1-13 before she bought the property; and now her property is under construction.  Chairperson Colon inquired why this item is under Public Comments; stated there is a procedure that takes place; and she will talk with Planning and Zoning Director Robin Sobrino.  Planning and Zoning Director Robin Sobrino stated originally Ms. Schwantz was seeking to appear as a citizen’s request on today’s Agenda because time is of the essence and she is building the house; unfortunately the deadline was missed for getting on this Agenda; and the next opportunity to speak would be August 21, 2007.  She stated Ms. Schwantz thought that if she made a Public Comment today the Board may consider it since waiting until August 21^st would only delay her another two weeks in making forward progress on this; if staff is able to get a fee waiver for her granted today it will be able to fast track her on to the September Board of Adjustment meeting; and that was the nature of the emergency.  Chairperson Colon stated the Board does not have that information, which is not following the protocol.  She inquired if staff sees a problem with Ms. Schwantz going on to the next step; with Ms. Sobrino responding Policy BCC-50 allows items for the Board’s consideration of a fee waiver, and staff believes there may be a claim for vested rights.  She stated vested rights requires that the applicant exhaust administrative remedies first; and Ms. Schwantz must go to the Board of Adjustment and seek a variance.  Chairperson Colon inquired if the Board would just allow for her to go to the next step; with Ms. Sobrino responding if the Board wishes to waive the fee for the variance, Ms. Schwantz can apply for that today and she can be added to the September Board of Adjustment meeting; and then staff will see what remedies are necessary after that, if any. 

 

Commissioner Nelson inquired if there is middle ground where Ms. Schwantz can be moved on to the Board of Adjustment meeting; stated not knowing the facts of the circumstances typically the Board when it waives its fees understands what the issues were and then accordingly decides; and inquired if there is some kind of middle ground that the Board can move it forward and not collect at this point, but it may be subject at a later date determination that the fees were appropriate.  Ms. Sobrino responded there is always the option to seek a refund of the fees afterwards; and Ms. Schwantz was concerned after the fact that the project costs are affecting her.  Commissioner Nelson inquired if there is no middle ground between waiving and collecting the fees, and if there is a process that allows her to proceed forward with a final determination made as part of that process; with Ms. Sobrino responding in order for her to file the application she either needs a fee waiver or to submit a check.  Commissioner Voltz inquired how much would the check be for; with Ms. Sobrino responding approximately $600.  Ms. Schwantz inquired if that is for the entire property; and stated under due diligence she was told the property was zoned RU-1-13.  Ms. Sobrino responded that would only be for the variance for this particular property.  Ms. Schwantz stated she will come back and ask the additional request because she was told the zoning was RU-1-13, her property is under construction on a 1,500 square foot house, 1,800 total; the entire neighborhood is a redevelopment agency; and there is no contingency in the budget.  Commissioner Nelson stated the problem is the Board is arguing the process; and it is not that the Board does not agree.

 

Chairperson Colon advised the Board is very uncomfortable that Ms. Schwantz is before it; there is a procedure that has to be followed; and it is trying hard to make sure there is a safety net here.  She stated the Board does not have anything in front of it saying whether she qualifies or not to waive it.

 

Assistant County Manager Mel Scott stated a potential middle ground may be that staff would receive a check from Ms. Schwantz, hold a check for two weeks, which would give her the opportunity to come back to the Board on August 21^st with the set of circumstances, and it would give the Board the opportunity to look at the facts.

 

Commissioner Scarborough stated the Board can waive the fee after the whole thing is solved; sometimes even though the Board decides in favor of the applicant it does not waive the fee; and inquired is the total fee $600.  Ms. Sobrino responded approximately.  Commissioner Scarborough stated he has a problem setting this precedent because once the Board does that it will begin to waive fees before it has decided and it will sooner or later bounce into the case where it waived the fee and it in fact subsequently decides against the applicant; and he does not think it is the right thing to do.  He noted $600 may not be available; but if the Board does something at this meeting it will come back with ramifications that will not be good.  He advised he cannot support that.

 

Ms. Schwantz stated her property is under construction; she has no contingency in the budget; it was not her error that the square footage is not what it was supposed to be; and her plans were approved.  She stated she is in real estate and development; the real estate market is slow; and she is currently working in Alabama.   

 

Commissioner Nelson stated he does not know what the auditors would say, but typically holding a check is not a great idea.  He inquired if there is some way this can proceed without setting precedent but also without waiving fees; with County Attorney Scott Knox responding Mr. Scott’s idea is a good one; the Board may not like to hold a check; but it has done it in the past. 

 

Mr. Scott stated there are circumstances staff can find on record where it has had vested rights applications processed when a possible remedy might have been Board of Adjustment that have proceeded right to vested rights; if this is the essence of the issue, if the Board was okay supporting staff in that, staff could get Ms. Schwantz right to vested rights as opposed to the formality of potentially exhausting all remedies.  Commissioner Scarborough stated he can go with that easier than skipping a step.

 

Mr. Scott stated if there is an act or omission on the part of the County that an applicant or a citizen has acted in good faith reliant upon and in that good faith reliance has actually changed his or her position financially, the Board has the opportunity to grant vested rights, which in fact enables that project to go forward on that act or omission and good faith reliance moving forward.

 

Commissioner Scarborough stated with the fact staff finds that there is a good vested rights case it seems a waste of time and effort within County Administration to process a third process for a variance; and inquired why waste time and effort on something staff is advising is not going to give relief but is a technical requirement procedurally.  He stated when the ultimate decision comes before the Board it can go directly to the vested rights, skipping the $600 procedure, and advancing the issue.  Mr. Scott stated there is a fee for vested rights but as a matter of process staff has established precedence in that regard that it does consider the fee refund after the case has been determined.

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to deny request to waive the fee for a variance application as requested by Regina M. Schwantz of MJ & B Builders; and to allow applicant to proceed to vested rights without going through the variance process.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson inquired when the vested rights process will be heard; with Ms. Sobrino responding Ms. Schwantz will need to submit an application and that could be two months before she gets before the special magistrate; and stated it will ultimately come back before the Board for approval of the special magistrate’s recommended order.  Commissioner Nelson inquired how much are the fees for this; with Ms. Sobrino responding for a single family home it will be approximately $450.  Ms. Sobrino stated if Ms. Schwantz is going to apply for all of her holdings the fee could be upwards to $1,000. 

 

Commissioner Scarborough stated the Board has already skipped one step in the procedure; and inquired is the special magistrate step the Board on its own prerogative decides to eliminate; with Mr. Knox responding it is in the Ordinance that the applicant is supposed to go to the special magistrate; and typically the Board does not waive ordinance provisions like that.  Commissioner Scarborough stated if the Board can also determine that is the portion of the cost of the fee that it could reduce accordingly if a portion of the procedure is dropped.  Mr. Knox advised he will look at the Ordinance. 

 

Chairperson Colon stated Ms. Schwantzs’ best bet is to pay that fee; and if the Board finds  it  has  been  an  error  on  the County’s part, then  it will not  keep the money.  Ms. Sobrino stated there is a provision to refund the money if the finding is that there was a legitimate vested rights claim.  Chairperson Colon stated the Board has gone above and beyond; she cautioned staff that this should not happen again; there is a procedure that needs to be followed; the Board should not have this kind of discussion during Public Comments; and it has already moved the process to where it should be. 

 

Commissioner Voltz inquired how much time is the County saving by stopping or not doing the variance process; with Ms. Sobrino responding it depends; if the Board of Adjustment found cause to approve the variance it will be over September 15^th; otherwise it may not even get to the special magistrate until the middle of October.

 

County Attorney Scott Knox advised the Ordinance is pretty tight.  Commissioner Scarborough advised the Board cannot get around it.

 

Commissioner Voltz stated from what she is hearing there is a likelihood that there will be a vested rights granted.  Ms. Sobrino advised there are points to be considered.  Commissioner Voltz stated people have the ability to come before the Board and tell it anything anytime he or she wants; and the Board needs to tell them what the process is.

 

Chairperson Colon stated there is an Ordinance in place that forbids the Board from not letting it go straight to the special magistrate; the Board is trying to help; but if the Ordinance says it cannot then its hands are tied.  Mr. Knox inquired if Ms. Schwantz is being held up from a Stop Work Order now; with Ms. Sobrino responding she amended her plans in order to comply with the zoning requirements rather than getting the work stopped.

 

Ms. Schwantz stated she was told to go ahead and change the plans; it is in a redevelopment area; it is over budget; if it was in a market rate area it would be a different story; and she does not intend on building the additional square footage.  Mr. Knox inquired if she has a set of approved plans; with Ms. Schwantz responding she did and her property is under construction; and she received a call from Zoning saying staff made a mistake and to stop construction.  Mr. Knox stated if the Board were willing to do this it can allow her to proceed at her own risk under the old plans and wait for the results of the vested rights hearing; and if she comes through that with vested rights she will be in good shape.  Commissioner Scarborough stated his problem is by the County’s error it is causing Ms. Schwantz damage; by going through a procedure process and she does have a loss, she may have a cause to take action against the County; and through the County’s failure her process has been complicated.  He advised it may end up being a taxpayer problem because of a lawsuit.  He stated he wants to limit the County’s exposure from a lawsuit to allow Ms. Schwantz to proceed with construction.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to allow Regina M. Schwantz to proceed with construction on the home using original floor plans without issuance of a stop work order. 

 

 

Ms. Sobrino stated initially staff was going to issue a stop work order; alternatively staff recommended   if   Ms.  Schwantz   amended   the  plans  to  reflect the minimum square footage she could continue to proceed and pursue her remedies outside in order to eliminate those additions that would have been shown on the permit; and since she made those changes staff did not enforce a stop work order on the property.  Ms. Schwantz advised construction was stopped for two days; she did change the square footage on the plans; and then the Building Department waived the fee to make the change on the building plans showing the 2,000 square footage on the home.  She stated she will not be able to make that additional construction cost because the market is not there. 

 

Commissioner Scarborough inquired if Ms. Schwantz wants to proceed with the amended plans, she is suggesting the Board allow her to proceed with the original plans; with Ms. Schwantz responding yes. 

 

Chairperson Colon called for a vote on the motion.  Motion carried and ordered unanimously.

 

 

Commissioner Nelson suggested staff look at the section of the vested rights Ordinance that relates to when this occurrence happens; it needs to look at some way of allowing the Board to vote to continue a plan and to abate or hold fees that gets it through the process; and that way it will not cost applicant’s money upfront or time loss when in the end he or she may prevail and the County may be subject to damages because of an error the County made.

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to direct the County Attorney to examine a change to the vested rights Ordinance allowing, under circumstances where the County acknowledges an error/omission, to bypass administrative remedies and proceed directly to the special magistrate.  Motion carried and ordered unanimously.

 

 

Joan Wheeler stated the Board, at its May 22^nd meeting, discussed the possibility of a loan to the City of Titusville; it was only discussion; the City of Titusville is making plans for the stormwater pond; and inquired what is going on.  She stated the $500,000 the County is going to lend the City of Titusville is part of the wish list, not the commitment list.  She noted she does not know what is going on with the Parks and Recreation money.  She stated the papers say that almost all of Marina Park money was transferred to the Chain of Lakes; she understands the County is going into an eminent domain process that it wants to buy for the Chain of Lakes at Dairy Road; it should be on the list of who is paying for that; but the man bought the property for $50,000 and the County wants to buy it for $75,000.  She stated that property is now worth a lot more; and from what she gathers he wants over $500,000 for those acres.  She inquired how the money is being spent or set aside and for what so it does not happen like it happened the last time because the people will not vote to give the County any more money for this.  She stated once was enough and twice is embarrassing.

 

 

Bea Polk stated she is back again before the Board regarding tax money; the Board says it is the Property Appraiser’s tax money; it is the taxpayers money; and it is the Board’s responsibility to make sure it is spent right.  She inquired what a layoff is; and stated Mr. Ford did not lay off the ones he needs as some in his office get three raises within a few weeks.  He stated one girl was laid off; she was harassed so much that she is unable to work; if she goes to work she may have a heart attack; but he could not stop there.  She stated Mr. Ford had to get the confidential attorney again and spend over $9,000, and this girl does not have anything.  She stated it is cover up with taxpayers money; this lawyer is not from here; and she does not think the people would stand what is going on if he lived here.  She advised the County spends millions of dollars harassing its employees; a person should not have to sign a release for everything against he or she after the layoff; and inquired if the County intends to do the same thing with the people who are laid off.  She inquired how much longer is the Board going to sit there while a man sits in office that is under investigation, and keep giving him money.  She stated in the paper the Assistant Property Appraiser got less things to do, but he still makes the same kind of money, and someone is doing part of his work making $8,000 a year extra; there are five Board Members who vote to give the taxpayers money to a man who is wasting it; and it is its responsibility.  She inquired if the Board has read the paper lately; stated things are beginning to change; but the tax money is still being wasted and employees are still being hurt.  She stated this girl is going to lose her insurance; and inquired how many on the Board are willing to give a donation.  She inquired if a time can be set so she can come back and Property Appraiser Jim Ford and Chief Deputy Property Appraiser Lance Larsen can attend as well to answer questions.  She stated she wants the Board to set a time for waste of taxpayers money; and she would like to appear and anyone else who would like to come.

 

Commissioner Scarborough inquired if the particular document she spoke of is an agreement between an employee who had been terminated, resigned, or what; with Ms. Polk responding this one was laid off, but Mr. Ford wants them to resign and not to never do anything against them.  Commissioner Scarborough inquired what proceeded the signing of the document; with Ms. Polk responding when those people were laid off the document came with the layoff documentation.  Ms. Polk stated now he wants them to resign so he or she will not sue; the employees in Brevard County are some of the best in the world; and inquired if it happens to those few employees what will happen to the other County employees.  She advised those people are County employees regardless of who he or she works for. 

 

 

Maureen Rupe stated she is before the Board to speak on MyRegion How Shall We Grow?; and it was already brought up under the Board Reports.  She stated she was looking at the expressway master plan; it is a very involved and expensive project that a lot of time and energy has been spent on; and there is a lot in it that reflects the exact same things that are being said by How Shall We Grow?  She stated there are multiple things that will be done on those roads, but three concerned her; there was a toll road extension into  North Brevard that follows the alignment of  State Road 50, conversion of SR 528 to a multi-mode corridor, a new toll road that follows the alignment of SR 532 from Osceola County into East Orange County, and then veering southeast to connect to the Pineda Extension; and all of those will impact public-owned, environmentally sensitive lands along the St. Johns River.  She requested the Board look at all entities to see how it fits into the long-term plan.

 

Commissioner Nelson stated he would like to see all of those issues placed on the table; it is a two-part process; those all cannot be answered on the 21^st; but the questions can get out there and the County can begin to get those answers.

 

Commissioner Voltz stated many of the items have been addressed previously and she brought them back before the Board; she is not sure where bringing every issue back up again will get the County; and the Board needs some sort of premise of discussion.  She stated all the Board has done is to agree to work together; she is not sure what the whole thing is all about; and everyone has had plenty of opportunity to speak on it.

 

Commissioner Nelson stated the citizens want these kinds of answers; and it may be going over the same ground but it could not hurt.  He stated maybe someone from MyRegion could sit with the Board and explain what the process will be; and it may feel better or worse about it but at least it will have an understanding.  Commissioner Voltz stated many of the County staff have been involved in this; she does not think any decisions have been made yet; every one of those issues have been raised previously; and the Board will not be able to please everyone 100% of the time.  She stated having a workshop at this point she is not sure where it will get the Board. 

 

Chairperson Colon stated on August 21^st it will be on the Agenda; and it allows the citizens to have the opportunity to see what it is and to give the Board feedback at that point.  She stated Commissioner Voltz was assigned to speak on behalf of the Board; and she did her job by asking each Commissioner if there are any concerns.  She stated if the community is concerned of anything that could have been missed, August 21^st gives the opportunity to have those questions answered.  She stated MyRegion encourages input from the community.  She stated the Board is not asking anyone to come and do a presentation; it will just allow the citizens to give input that day; she does not want a workshop for just a few people; but if it is on the Agenda for a regular meeting it will be done quickly.  Commissioner Scarborough stated regardless of what a person wants to say, Brevard County is connected to the other counties in multiple ways; regional dialogue is wonderful; he does not think anyone in any other part of the region would think it is inappropriate or wrong for additional conversations; and those counties could think it is good the Brevard County Board is having additional discussions.  He advised it is part of the process.  Commissioner Bolin stated she agreed with putting the item on the Agenda; it will be an excellent item; the more input the better; and let the people talk and give the Board more information. 

    

Chairperson Colon thanked Commissioner Voltz; stated she is the one representing Brevard County; and she does not want anyone to think that she did not do her job.  She stated she has asked the Board on several occasions if it has any input; and she went above and beyond. 

 

 

Mary Hillberg thanked the Board for scheduling the 21^st of August for the MyRegion Plan discussion; stated she will reserve her comments and concerns for that time; and the community also appreciates the Board doing that.

Chairperson Colon called for the public hearing to consider ordinance amending Code of Ordinances, Sections 38-4(b), 38-5(c), and Ordinance 04-26, Section 1(a) and (b), Additional Imposition by the Courts and Collection.

 

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to adopt Ordinance amending the Code of Ordinances of Brevard County, Florida Section 38-4(b) authorizing a $3.00 court cost to fund teen courts to also be assessed against a person adjudicated delinquent of a criminal law or delinquent act; amending Section 38-5(c) to increase the $3.00 court cost to $5.00 to fund the Dori Slosberg Driver Education Safety Trust Fund previously established by the County; amending Ordinance 04-26, (B) to authorize the collection of the $65.00 court cost to also be assessed against persons adjudicated delinquent for a felony, misdemeanor, or delinquent act and deleting the reference to the Senate Bill number; providing for severability; providing for inclusion in the Code of Ordinances of Brevard County; providing for conflicting provisions; providing for area encompassed; and providing for an effective date.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for a public hearing to consider public interest determination for wetland impacts and land clearing for South Mainland Cocoa waterline.

There being no objections heard, motion was made by Commissioner Nelson, seconded by Commissioner Bolin, to approve Public Interest Determination request for land clearing and wetland impacts related to the installation of a 42” main water line by the City of Cocoa traversing 6.9 miles generally along I-95 from Cocoa to Viera and serving undersupplied areas of the Cities of Cocoa and Rockledge, as well as supplying the future Viera West development.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to execute Contract for Sale and Purchase and Addendum with O & N Enterprises of Brevard, Inc. for St. Johns Heritage Parkway.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to execute Tri-Party Escrow Agreement with Wat Punyawanaram of Melbourne, guaranteeing the performance for infrastructure improvements for Buddhist Temple SP #0305001.  Motion carried and ordered unanimously. 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to approve the FY 08 Brevard County Community Cultural Grant Handbook.  Motion carried and ordered unanimously.

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to execute Letter Agreement with Joan H. Bickerstaff, P.A. for legal services rendered on behalf of Brevard County regarding administrative hearing on a vested rights application filed by Newfound Land and Property Management Company (Alan Zajdel), including the
authority for Ms. Bickerstaff to retain such experts, at County expense, as are reasonable and necessary to defend the County.  Motion carried and ordered unanimously. 

Chairperson Colon called for a public hearing to consider a resolution exchanging property, vacating public access only across a portion of Mullet Creek Road, accept road’s name and/or rename roads following 911 guidelines for South Beach Community Park.

 

Barbara Arthur stated smart realtors know the key to any successful business or to the sale of a house is location; her family’s small business success is directly related to the location on Mullet Creek; the fish camp is a family-owned and operated small business situated on a United States Government homestead; the property has remained in her family for over 120 years; and the fish camp has been in operation for over 50 of those years.  She advised in these times it is difficult for small businesses to survive even the first year; failure statistics for small businesses sky rocket for successive years; one of the reasons for the fish camp surviving this long is the association of Mullet Creek, the Mullet Creek Islands, with Honest Johns Fish Camp; it is the only business to provide public access to the Indian River Lagoon via Mullet Creek; and that is between Front Street Park, next to Commissioner Voltz’s office, to the County Longpoint Park, which is five miles south of the fish camp.  She stated she enumerated a long list of reasons at the July 24^th Commission meeting why the new road to the fish camp has been requested to be called Mullet Creek Road; she will not bore the Board with it again; and the name association with Mullet Creek is extremely important to her family.  She advised there was a concern about the Agenda Request setting a precedent, but she cannot imagine any situation ever coming close to this occurring in the County again; the business is one mile from the sign location; the property has been in the family since the 1800’s; the request to change the road is by the County and not by an individual; this is definitely a win/win situation; and staff should be commended for being innovative and creative in resolving this issue that has been ongoing for seven and one half years.  She stated she hopes the Board will approve the vacating so the South Beach Community Park construction can proceed.

 

Commissioner Voltz stated this item is in her District; the County needs to get moving on construction of the park; and requested Assistant County Manager Mel Scott explain how the County got where it is, why it is in this situation, and what happens if it does not get approved.  Assistant County Manager Mel Scott stated this is a unique circumstance where the park that is going to provide this kind of service to the South Beaches as part of its design, the County is proposing to vacate Mullet Creek Road; and Ms. Arthur has identified it as being the point in which the people have been able to access Honest Johns Fish Camp for some 50 years.  He stated it is encouraging to have the business owner in this regard support the vacating and respect the design of the park in that regard; the one problem staff had in attempting to ensure the business remained whole from a viability and marketing standpoint, recognizing the County would have to change her access which had been established for so many years, was to ensure Ms. Arthur would still have signage at that entrance road that would lead patrons back to the business; the sign that currently fronts on Mullet Creek is now a vested grandfathered sign; and for Ms. Arthur to have another meaningful sign in her view at the entrance of the park, staff came up across the FDOT’s Highway Beautification Act, which would have limited the size of that sign dramatically; so the creative solution arrived at in attempting to connect the business to State Road A1A, staff with concurrence with FDOT, devised a plan where the County with virtue of a 6- foot access strip, could connect her business technically to State Road A1A.  He stated this is only to accomplish the goal of establishing a sign at that entrance, not giving her any other rights  to that  land, but the  fact of accomplishing that sign.   He stated  when FDOT and Ms. Arthur were fine with that it broke the negotiations off center which had been stuck for some seven years.  He stated it is access strip that connects Ms. Arthur’s property to the road; and there are some other points of interest staff have accomplished here to expect a long-standing nature of Ms. Arthur’s residence there. 

 

Chairperson Colon inquired what kind of motion is needed; with Mr. Scott responding there is only one option.  Mr. Scott advised the only thing that needs to be called out would be that the Board would be naming the park road Old Florida Trail; and all of the other bullets that are part of the Agenda Item do not prompt the Board for choices.  Chairperson Colon stated she did not say options; and she again inquired how to state the motion.  Mr. Scott advised the Board would approve Item VI.A, specifically calling out Old Florida Trail as the road that would traverse the park; retain the name of the eastern portion of Mullet Creek Road; vacate the right-of-way, except for beach access; the easement would revert upon the sale of the property to a non-family member; the County would maintain an underground utility easement which would be provided to the property owners of Honest Johns Fish Camp; approve the access strip and a 4x8 double fronted sign; and the last bullet says to waive the northwest and south setbacks because of the constraints of that easement area.

 

Commissioner Voltz stated the Board is doing a lot with one motion; and with all of that being said she will move on that as Mr. Scott stated it.

 

Commissioner Nelson stated he has never had a problem with the sign, it is how the County got to getting the sign there; and it is a 3,000-foot strip of public land that is going to be conveyed so that can happen.  He advised he can support doing that as long as it would continue to be the fish camp; his concern is that at some point in the future the family may sell, it may become something else, but it would lock the County and some future Board in at that point in time; and Mr. Scott asked Ms. Arthur if she would consider some reversionary interest as long as it were a family business, but he would like to see a reversion at that period of time if it was sold.  He advised he does not fault Ms. Arthur for protecting the business and homestead, and he would do the same thing; but that 3,000 foot strip of public land is just a deal breaker so he will not support it.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to name the new road which traverses the park to Old Florida Trail, including the unpaved western portion of Mullet Creek since that segment of the road will now connect the Honest Johns Fish Camp to SR A1A; retain the name of the paved eastern portion of Mullet Creek Road per the majority vote of the responding residents that own property along the road; the property owners of Honest Johns Fish Camp and its heirs will receive an easement over the vacated right-of-way for beach access, and the easement will revert upon the sale of the property to a non-family member; an underground utility easement will be provided to the property owners, with any damage to the park grounds resulting from the installation of a utility within the easement to be restored by the property owners; to allow the property owners to construct a 4’x8’ double-faced sign within the allotted sign area; and to waive the northwest and south setbacks because of the constraints of the easement area.  Motion carried and ordered.  Commissioner Nelson voted nay.

  

Commissioner Voltz inquired if that will have to come back before the Board or will it just go out to bid; with Parks and Recreation Director Don Lusk responding go out for bid.

 

 

Chairperson Colon called for a public hearing for Amended Petition for Regulatory Taking for Andrew P. and Jennifer H. Scheer.

 

Clifford Repperger, Attorney for Andrew P. and Jennifer H. Scheer, stated with him he has several experts as follows:  Robbyn Spratt of Soyka Engineering, Inc., Andy Conklin of Atlantic Environmental Solutions, Inc., Robert Robinson of RHR Construction and Development, and Adam Bird with Gray Robinson P.A.  He stated he knows the Board has an executive session scheduled at 11:30 a.m. and he will be giving a significant amount of testimony into the record; and he does not know how the Board wants to handle it as far as breaking in the middle of his presentation for the executive session.  Chairperson Colon inquired if there are any particular questions the Board may have so it can get to the point of another item it may need to spend more time on.  Mr. Repperger stated he can give a brief procedural history of how the Board got to where it is; and the discussion points can be opened up if it helps.

 

Commissioner Nelson stated having looked at the information presented he believes the Board is in a position where the County may be subjecting itself to additional litigation based on its findings; and he would like to see the County Attorney prepare a written resolution with the facts to approve issue of the permit to avoid that litigation. 

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to direct the County Attorney to prepare a written resolution with the facts to approve issuance of a permit for Andrew P. and Jennifer H. Scheer to construct a single family residential unit on the property.  Motion carried and ordered unanimously.

 

 

County Attorney Scott Knox stated he wants to cancel the Executive Session for today at 11:30 a.m.

 

Ms. Busacca stated there is also an Executive Session on the collective bargaining negotiation with the IAFF, Local 2969.  

 

 

Permitting and Enforcement Director Ed Lyon stated the applicant has requested a parking waiver through the land development process; it is a Family Dollar Store; the applicant has provided information on why they believe they should qualify for this; and staff reviewed the information and did not feel there was enough technical merit to support this large of a reduction.  He advised per the Code the applicant would be required to have 46 parking spaces; staff has been able to reduce it within the Code down to 39 parking spaces by the applicant saving vegetation and landscaping; and the applicant would like to go further down to 26 spaces.  Chairperson Colon inquired if staff is comfortable with this recommendation; with Mr. Lyon responding staff told the applicant that it was not comfortable with this; it would leave very few parking spaces there; and staff is concerned about it.

 

Eric Emery, Representative of Hutton Company, stated the reason the parking variance was requested is Family Dollar Store has just under 6,500 stores in 35 states; he has a good grasp on what is needed for parking; and Hutton Company is one of the primary developers.  He stated 26 parking spaces is not what is provided on the plan but is in excess of what is needed; in Brevard County there are ten stores and there are about 22 people per hour; it is still less than the parking being provided; and now there are 32 parking spaces.  He stated that was based on taking the stock room and restrooms out of the building area and it leaves about 7,400 square feet of sales area; and at the parking ratio it requires 37 parking spaces.  He stated there were 8 spaces removed for trees; on the application submitted there were 32 parking spaces requested; and that is more than adequate for his client. 

 

Frank Youmans, Representative of Hutton Company, stated he worked with staff to ascertain the issue; and this is a unique site and set of circumstances, along with the required parking ratio, building square footage, and the new Landscape Ordinance.  He stated he was seeing the Parking Ordinance a large amount of asphalt down, and at the same time the new Landscape Ordinance is trying to protect some natural vegetation; and the applicant is caught in a fine balancing act to both satisfy parking requirements and at the same time satisfy the new Landscape Ordinance within a restricted lot.

 

Mr. Emery stated the applicant purchased an access easement behind the site to ensure some large trees could be saved that were back there to comply with the Landscape Code. 

 

Commissioner Scarborough stated the requirement is 46 parking spaces; working with the Landscape Ordinance showed the applicant is entitled to 39; the request is to go to 26 parking spaces; and that is not where staff feels comfortable.  He advised without additional data a person begins to hold capacity to deal with everything.  He stated it needs to be denied; there may be something in between; and maybe a new site plan review may need to be done. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to deny request of waiver for reduction of required parking spaces from 39 to 26 spaces for Family Dollar Store in Port St. John as requested by the Hutton Company.  Motion carried and ordered.  Commissioner Voltz voted nay.

 

 

Commissioner Voltz inquired if the Family Dollar Store is a new store located in the Town of Port St. John or is it moving an established store; with Mr. Emery responding a new store.  She stated she is not sure the Board needs to deny businesses; rather than deny the item it should be tabled to try to work things out with the Landscape Code rather than look at the decrease in parking spaces; and that would have been a better way for the Board to go.     

Ronald Lueck stated he owns a company in Merritt Island that designs and builds airplanes; he does utilize both the Merritt Island Airport and the Space Coast Executive Airport; he has been involved going to many meetings and seeing all of the stuff going on; and he is present today to support either Howard Swerbilow or Gilbert Patton as the appointee to the Titusville-Cocoa Airport Authority.  He advised both gentlemen are pilots; neither of them have any stake in it so there is not a conflict of interest or any business interests in the Airport; but both are pilots and understand what it takes to run the airports.

 

Tom Ruland stated he is present to show support to either Howard Swerbilow or Gilbert Patton; and requested the Board not to reappoint Jay Schenck.  Chairperson Colon advised that Mr. Schenck withdrew his name from the running.

 

Commissioner Scarborough stated the Board needs to deal with who is available; he is casting his vote for David Hosley; the Space Coast Executive Airport will play a critical role in the capacity of the community to respond to changes at the Kennedy Space Center; Mr. Hosley knows airports, and knows the capacity of airports to evolve and become involved in many expanded facets in the community, and yet maintain a quality general aviation operation; and he believes him to be the best candidate. 

 

Chairperson Colon inquired why there is not a sheet for everyone to vote; with Assistant County Manager Stockton Whitten responding he has a sheet of paper if the Board chooses to do that; there is no standard protocol; and he was waiting for the Board to actually decide how it wanted to vote.

 

Commissioner Bolin stated in all due respect she is disagreeing with Commissioner Scarborough on his appointee; her suggestion is Howard Swerbilow; one of the things in his credentials is he has a law degree; and that would be good for the group at this time.  Chairperson Colon stated there are wonderful people applying for this appointment.

 

Commissioner Nelson stated he wanted some fresh eyes; the one who he wanted to appoint backed out at the last minute; but he would support David Hosley.  

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to appoint David L. Hosley to serve on the Titusville-Cocoa Airport Authority, replacing Jay Schenck, with appointment expiring July 7, 2010.  Motion carried and ordered unanimously.

 

 

Chairperson Colon advised the only Commissioners who are allowed to vote on this item are District 1, Commissioner Scarborough; District 2, Commissioner Nelson; and District 4, Commissioner Bolin.  She encouraged the audience and people who are watching the Board meeting on television to continue to keep in touch with the TICO Board; she wants to keep the lines of communication open so the Board can watch closely what is going on; all of the airports in Brevard County are of great importance; and she thanked all of the members of the Titusville-Cocoa Airport Authority.  She stated the appointment is immediate; and Mr. Hosley will be able to be there.

 

Commissioner Bolin stated she wanted to go on record that now that David Hosley was appointed to the Titusville-Cocoa Airport Authority that she supports him 100% and wish him all of the best; and she would be nervous if she had Commissioner Scarborough looking over her shoulder. 

 

Chairperson Colon stated the Board is trying to schedule a workshop with the Titusville-Cocoa Airport Authority; and inquired if staff is looking at October as a possible date.  County Manager Peggy Busacca responded yes.  Ms. Busacca stated staff is still working on the exact date.

 

Commissioner Nelson stated he wanted to thank all those who were willing to stick his or her neck out and to consider being on the Titusville-Cocoa Airport Authority; it will be a challenge; each applicant could have done the job; and it was a tough decision.

 

Commissioner Bolin inquired when the Board goes through all of the information does it boil down to the Lake Washington Ordinance as far as the land available; with Environmental Supervisor Vern Buchanan responding that is correct.  Environmental Supervisor Vern Buchanan advised Mr. Kendall was able to meet the requirements for Florida Administrative Code and the Florida Statutes, so the only impediment at this point is the Lake Washington Ordinance and the requirement for .41 acres.  Mr. Buchanan stated Jeff Kendall has approximately .39 acres so he would need a variance to build a home on the property.  Commissioner Bolin advised in reading the minutes of the past meetings it was stated that city water was a solution to the problem; and inquired if that is still true.  Mr. Buchanan responded city water is not available in this case; there were in the past a few houses that were built with city water; water availability is from Jones Road; and up until a few years ago the City of Melbourne was allowing remote meters but no longer do that.  He stated if a person can acquire City water, the requirement is .25 acres; and then a person would be able to build one house on the entire property without a variance.      

Commissioner Bolin stated she wanted to propose to deny the applicant’s request but allow for construction on a one single family residence on the combined property, which is Option 3.  Commissioner Nelson inquired if the technology exceeded the ordinance; and if the applicant goes to a higher level of treatment has he addressed sufficiently the concerns that created the original ordinance; with Mr. Buchanan responding the concerns that created the original ordinance were the density and amount of impact, not just from the treatment of wastewater, but the impact the number of physical structures would have upon the entire area; there are runoff concerns and flood zone requirements; an environmental issue cannot be looked at without looking at the entire big picture; as far as the technology of a performance based system, and in this particular case, the applicant is meeting what is called advanced secondary treatment standards; and the organic load needs to get below five milligrams per liter,  nitrogen reduction, and using drip irrigation.  Mr. Buchanan advised the technology is continuing to improve; but there are other concerns above the environmental and the wastewater treatment.  Commissioner Nelson inquired if water were available what are the number of units that could be constructed on that lot; with Mr. Buchanan responding without a variance one home can be constructed; and stated that is on all three lots combined. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to deny the request of Jeff Kendall for two variances, but allow for construction of one single-family residence on the combined property (15,000 square feet building area and 17% deviation).  Motion carried and ordered.  Commissioner Scarborough voted nay.

 

Commissioner Bolin stated she has a suggestion that may help speed up the efficiency, change the appointment process to District 4 and District 5 who are directly related to the area, and appoint the four representatives, one from the County building or construction industry, one from the septic industry or professional engineer, and one each from County homeowners; and District 4 and District 5 would be able to do the reappointments.

 

Commissioner Scarborough inquired how the appointments are done now.  Commissioner Voltz inquired why Commissioner Bolin only wants Commissioners from  Districts 4 and 5 to make those appointments.  County Manager Peggy Busacca responded she thinks the appointments are all done at-large by the Board.  Mr. Buchanan stated each of the Commissioners may appoint one, with the exception of the Chairperson; the current members who are appointees are Corky Priep and Howard Wolf; stated Howard Wolf was appointed by Commissioner Scarborough; and Corky Priep was appointed by Commissioner Voltz.  Ms. Busacca inquired if the appointment process is laid out in an ordinance, and if he has a copy of the ordinance or how it is written.

 

Commissioner Scarborough inquired if the Board should bring it back with legislative intent to ensure that all Commissioners have equal rights to appoint.  Commissioner Voltz stated she has a comment on the entire Onsite Sewage Board in general and whether the County actually needs to have it; and inquired how many times that board has met.  Mr. Buchanan responded in the last two years the Onsite Sewage Treatment and Disposal System Variance Board met twice; the members were meeting up to 2003 when the Board amended Chapter 46 to allow administrative approval of the block build out restrictions; and the Advisory Board was meeting twice a month up until that point.  Commissioner Voltz inquired if it can just come before the Board and why put together another advisory board that only meets once a year.  Commissioner Scarborough stated he wanted a memorandum from staff; and he would like to look at the Ordinance and give a call to staff from his office before he begins to discuss this.  Commissioner Voltz stated she would just like that to be an option.

 

Motion by Commissioner Bolin, seconded by Commissioner Scarborough, to direct staff to come back to the Board with a report on how the Onsite Sewage Treatment and Disposal System Variance Board Ordinance works and what the Board needs to do regarding appointments/reappointments.  Motion carried and ordered unanimously.

 

 

Chairperson Colon stated since the Board is speaking in regards to advisory boards, the item the Board did with the Titusville-Cocoa Airport Authority, and the Valkaria Airport Advisory Board gets an opportunity to have someone appointed from all of the Commissioners.  Commissioner Voltz advised that issue will come up when the Valkaria Master Plan is discussed.  Chairperson Colon stated when the Ordinance was put together it is by Statute, the folks in Tallahassee put it together, it only allows three

 

Commissioners to appoint to that Advisory Board; she would prefer it to be the entire Board appointing the same way Commissioner Scarborough is able to appoint someone to Valkaria Airport Advisory Board; and she wants to have a discussion during the workshop with TICO.  Chairperson Colon stated she is comfortable with all of the Commissioners able to appoint folks for all of the airport advisory boards.

 

Commissioner Voltz inquired if there is a time when the Valkaria Airport Master Plan is coming back before the Board; with County Manager Peggy Busacca responding she is not aware that the issue has been settled that originally had a slow down. 

Commissioner Voltz advised it should be settled this week.  Ms. Busacca inquired if the Board wants staff to schedule that workshop or wait until the problem has been resolved.  Commissioner Voltz responded at the next Board meeting another potential date needs to be looked at.    

    

 

 

Upon motion and vote, the meeting adjourned at 11:54 a.m.

 

 

 

 

ATTEST:                                                        

                                                                        ________________________________

JACKIE COLON, CHAIRPERSON

                                                                        BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

___________________

SCOTT ELLIS, CLERK

 

 

     (S E A L)