MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

September 27, 2005

 

 

 

The Board of County Commissioners of Brevard County, Florida , met in regular session on September 27, 2005 at 9:00 a.m. in the Government Center Commission Room, Building C,

2725 Judge Fran Jamieson Way, Viera, Florida

.  Present were:  Chairman Ron Pritchard, D.P.A., Commissioners Truman Scarborough, Helen Voltz, Susan Carlson, County Manager Peggy Busacca, and County Attorney Scott Knox.  Absent were:  Commissioner Jackie Colon.

 

 

 

 

The Invocation was given by Father Gregory McComas, All Saints Church (Angelican), Port St. John, Florida. 

 

 

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

 

 

ITEMS PULLED FROM AGENDA

 

 

County Manager Peggy Busacca requested Item VII.A.1, Acceptance of Deed from Larry R. Harrell and Waive Environmental Site Assessment Requirement for Conveyance of Road Right-of-way to Brevard County , be removed from the Agenda.  The Board reached consensus to remove the item.

 

Commissioner Scarborough requested Item V.A, Resolution Vacating Portion of Old Dixie Highway and Portion of Drainage Easement in Sections 7 and 8 – Ag Ventures, LLC and Gen Development, Inc., be continued to the October 25, 2005 meeting.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to continue public hearing to consider a resolution vacating portion of Old Dixie Highway and portion of drainage easement  in Sections 7 and 8, as petitioned by Ag Ventures, LLC and Gen Development, Inc. to the October 25, 2005 meeting.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz requested Item IV.A.1, Resolution Establishing Revised Fee Structure for Natural Resources Management Office, be pulled for discussion.

 

Commissioner Carlson requested Item IV.D.7, Agreement with Merritt Island Redevelopment Agency, for Appointment of Greg Lugar as Director of MIRA, be pulled for discussion.

 

Chairman Pritchard requested Item IV.A.10, Permission to Reinsert Existing Future Land Use Directives into Future Land Use Element for 2006B Plan Amendment Package, be pulled for discussion.

 

 

The public requested Item IV.B.4, Agreement with The Nature Conservancy for Land Acquisition and Management Services for Environmentally Endangered Lands Program, be pulled for discussion. 

 

 

REPORT,  RE:   ANIMAL SERVICES

 

Chairman Pritchard advised of his appreciation to Animal Services and Enforcement Director Craig Engelson, Corporal Kevin “Snakeman” Early, Officer Steve Anderson, Ryan Figaorroa, and David Gonzalez who supported the Gulf Coast communities with animal services after Hurricane Katrina; and played a Channel 6 televised report. 

 

 

REPORT,  RE:   NEW SPACE COAST GOVERNMENT TELEVISION  DIRECTOR

 

 

County Manager Peggy Busacca introduced Kim Prosser, the new SCGTV Director, to Brevard County Government, and acknowledged her achievements.

 

 

REPORT,  RE:   NEWSPAPER ARTICLE ON PROTECTION OF SPECIES

 

 

Commissioner Voltz advised a newspaper article in the Florida TODAY indicated Brevard County is doing nothing to protect endangered species, when in fact it has a lot of rules and regulations that developers have to comply with to get through the County permitting process.

 

 

REPORT,  RE:   DOG FLU

 

 

Commissioner Carlson advised there is a new strain of canine flu going around that is picked up through the socialization of dogs; and requested a report back from Animal Services and Enforcement Department on alerting dog owners.

 

 

REPORT,  RE:   INTEGRATED CITATION SYSTEM

 

 

Commissioner Carlson congratulated Brevard County Sheriff’s Office Information Systems Director Ray Dells, for writing the software to create the new State of Florida Integration Citation System enabling law enforcement to authenticate licenses and print out legible traffic citations in a fraction of the time as compared to traditional methods; and stated it is an asset to the Brevard County Sheriff and law enforcement Statewide.

 

 

REPORT,  RE:   REASSESSMENT OF PROPERTIES

 

 

Chairman Pritchard advised he received a letter from another upset citizen concerning a reassessment of his property because he could not lock in under Save Our Homes; and suggested the Board develop a mechanism that when people close on homes the taxes are based upon what was paid for the home.  Commissioner  Scarborough  recommended  a  report

 

from the Property Appraiser to give his thoughts of how it may be addressed; and Commissioner Carlson suggested inviting Property Appraiser Jim Ford to the Legislative Workshop to let the Board know what is going on.

 

 

REPORT,  RE:   CONTRACT WITH POST, BUCKLEY, SCHUH & JERNIGAN

 

 

Chairman Pritchard inquired about the outstanding payment for Post, Buckley, Schuh & Jernigan for assistance during the 2004 hurricanes, and the delay in signing the new Contract.  Clerk of Courts Scott Ellis responded the Solid Waste Department is still going through the bills the firm submitted to ensure the services were performed, and there are still questions with the new Contract. 

 

Commissioner Scarborough recommended the item be continued to October 11, 2005 to allow Mr. Ellis more time to work through the problems.

 

 

RESOLUTION,  RE:   PROCLAIMING AMERICAN PHARMACISTS MONTH

 

 

Chairman Pritchard read aloud a Resolution proclaiming October 2005 as American Pharmacists Month. 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming October 2005 as American Pharmacists Month in Brevard County and urging citizens to acknowledge the valuable services of pharmacists to provide safe, affordable, and beneficial medication therapy management services and products to all.  Motion carried and ordered unanimously.

 

 

Chairman Pritchard presented the Resolution to President Elect of the Brevard County Pharmacy Association Maggie Dally.  Ms. Dally accepted the Resolution and urged citizens to “get to know your medicine, get to know your pharmacist.”

 

 

RESOLUTION,  RE:   PROCLAIMING NATIONAL 4-H WEEK

 

 

Chairman Pritchard read aloud a Resolution proclaiming October 2 through 8, 2005 as National 4-H Week in Brevard County . 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution proclaiming October 2 through 8, 2005 as National 4-H Week in Brevard County and urging residents to become more aware of this special program and join the Board in recognizing the unique partnership between Brevard County and our University System.  Motion carried and ordered unanimously.

 

 

Agriculture and Extension Services Director Jim Fletcher, Brevard County Agent Renee Gore, President of County Council Levi Schrack, and State Ambassador John Fred all spoke and expressed their belief in 4-H, their need of a new agent, and appreciation to the Board. 

 

Chairman Pritchard presented the Resolution to the Representatives.

PRESENTATION BY LARRY WEBER ,  RE:    FLORIDA COASTAL CLEANUP

 

 

Larry Weber, Keep Brevard Beautiful, advised the Florida Coastal Cleanup on September 17, 2005 was the first worldwide coastal cleanup with 88 different countries participating and the recorded results should be available soon; and Brevard County had 1,349 volunteers and picked up 38,000 pounds of trash from 16 different sites, including 12 spoil islands.  Chairman Pritchard inquired if there is an aggressive plan of attack for the Brazilian pepper trees; with Mr. Weber responding he is currently looking for new funding and can then pick up with eradicating the pepper trees.

 

 

RESOLUTION,  RE:   PROCLAIMING HARRY T. MOORE WEEK

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz , to adopt Resolution proclaiming November 13 through19, 2005 as Harry T. Moore Week in Brevard County .  Motion carried and ordered unanimously. 

 

 

RESOLUTION,  RE:   PROCLAIMING HISPANIC HERITAGE MONTH

 

 

Commissioner Carlson read aloud a Resolution proclaiming September 15 through October 15, 2005 as Hispanic Heritage Month in Brevard County .

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz , to adopt Resolution proclaiming September 15 through October 15, 2005 as Hispanic Heritage Month in Brevard County and recognizing Positive Progress for the Youth.  Motion ordered and carried unanimously.

 

 

PUBLIC COMMENT  -  JANIS WALTERS , RE:  VALKARIA NEIGHBORHOOD ASSOCIATION                                                                                                                                  

 

 

Janis Walters, President of Valkaria Neighborhood Association (VNA), advised she is delivering another copy of the cover letter, due to a misplacement of the first, dated August 31, 2005 concerning Commissioner Voltz support of the VNA.

 

 

PUBLIC COMMENT  -  THELMA ROPER,  RE:   LAW LIBRARY FUNDING

 

 

Thelma Roper advised of the Law Library’s need for funds due to the lack of necessary items needed to help the public. 

 

 

PUBLIC COMMENT  -  WALTER PINE,  RE:   ERRORS IN PROPERTY APPRAISER’S ROLL

 

 

Walter Pine advised of the rule stating if there is more than a 3% error in the County Appraiser ’s roll the certification would be invalid.  He requested the Board determine the number of errors to be certain the 3% has not been reached due to errors he has seen, including the failure to report all the conservation lands and lands purchased by The Nature Conservancy.

 

 

RESOLUTION,  RE:  ESTABLISHING REVISED SURCHARGE TO FUND COUNTY ’S

 

HAZARDOUS WASTE MANAGEMENT ASSESSMENT,  NOTIFICATION,  AND

 

            VERIFICATION PROGRAM                                                                                                 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution establishing revised surcharge to fund the County’s Hazardous Waste Management, Assessment, Notification, and Verification Program; authorize the Tax Collector to collect the surcharge from presumed and known hazardous waste generators; and authorize the Tax Collector to also collect late fees for the surcharge from presumed and known hazardous waste generators.  Motion carried and ordered unanimously. 

 

 

AMENDMENT    NO.    8     TO     AGREEMENT     WITH      FLORIDA     DEPARTMENT    OF

 

            ENVIRONMENTAL PROTECTION, RE:  REALLOCATION OF EXISTING         GRANT FUNDS TO MAXIMIZE STATE MATCH ON ACTUAL COUNTY EXPENSE    

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to execute Amendment No. 8 to Agreement with Florida Department of Environmental Protection for reallocation of existing grant funds to maximize State match on actual County expenses.  Motion carried and ordered unanimously. 

 

 

PRELIMINARY AND FINAL PLAT APPROVALS,  RE:   STADIUM EAST

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to grant preliminary and final plat approvals for Stadium East, subject to minor engineering changes as applicable and developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously.

 

 

FINAL PLAT APPROVAL AND CONTRACT WITH LENNAR HOMES, INC.,  RE:   HERITAGE

 

            ISLE SUBDIVISION , PHASE 4                                                                                            

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to grant final plat approval for Heritage Isle Subdivision, subject to minor changes if necessary, receipt of all documents required for recording, and developer responsible for obtaining all necessary jurisdictional permits; and execute Contract with Lennar Homes guaranteeing infrastructure improvements in the subdivision.  Motion carried and ordered unanimously.

 

 

 

EXTENSION AGREEMENT WITH MERIDIAN OF BREVARD LLC,  RE:  INFRASTRUCTURE

 

            IMPROVEMENTS TO MERIDIAN CONDOMINIUMS                                                       

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to execute Extension Agreement with Meridian of Brevard LLC guaranteeing infrastructure improvements for Meridian Condominiums, extending the original Agreement until May 10, 2006.  Motion carried and ordered unanimously.

 

 

 

WAIVER  OF  VEGETATIVE  BUFFER  TRACT  REQUIREMENT,  RE:   BLOSSOM  RIDGE

 

            ESTATES SUBDIVISION                                                                                                     

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to waive the 15-foot vegetative buffer tract requirement around the perimeter of the proposed Blossom Ridge Estates Subdivision, and allow the development to place the 15-foot vegetative buffer in an easement on the lots.  Motion carried and ordered unanimously.

 

 

LEGISLATIVE  INTENT  AND  PERMISSION  TO  ADVERTISE  PUBLIC  HEARING,  RE: 

 

            ORDINANCE  REGULATING  USAGE  OF  PORTABLE  TEMPORARY STORAGE

 

            UNITS                                                                                                                                    

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to grant permission to advertise a public hearing to consider an ordinance that regulates the usage of portable temporary storage units.  Motion carried and ordered unanimously.

 

 

CONTRACT  WITH  STATE  OF  FLORIDA ,   DEPARTMENT  OF  HEALTH,   AUTHORIZE

 

            CHAIR TO EXECUTE  FUTURE  AMENDMENTS TO CONTRACT,  AND APPROVE

 

            BUDGET,  RE:  OPERATION OF BREVARD COUNTY HEALTH DEPARTMENT FOR

 

            FY 2005-2006                                                                                                                        

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to execute Contract with the State of Florida, Department of Health for operation of the Brevard County Health Department for FY 2005-06; and authorize the Chair to execute any future amendments to the Contract and the budget, contingent upon review of form and content by the County Attorney and/or Risk Management.  Motion carried and ordered unanimously.                                                                             

 

 

PERMISSION    TO    EXECUTE    FINDING    OF    NO    SIGNIFICANT    IMPACT     FROM

 

            ENVIRONMENTAL REVIEW AND REQUEST FOR RELEASE OF FUNDS,  RE:           CDBG WEST CANAVERAL GROVES WATER LINE PROJECT                                     

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to execute Finding of No Significant Impact from the Environmental Review conducted on the West Canaveral Groves Water Line Project; and authorize the Chair to execute HUD Form 7015.15, Request for Release of Funds, once the required comment period has expired.  Motion carried and ordered unanimously.   

 

 

GRANT  AWARD  FOR  CREATIVE  CHOICE  HOMES  AND  AUTHORIZE  CHAIR  OR

 

            DESIGNEE TO SIGN DOCUMENTS,  RE:   AFFORDABLE RENTAL HOUSING                     

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to approve change in the funding awarded to Creative Choice Homes from HOME Investment Partnership funding (HOME) to State Housing Initiatives Partnership (SHIP) funding; and authorize the Chair or designee to sign documents required to execute this action.  Motion carried and ordered unanimously. 

 

 

AUTHORIZE COUNTY ATTORNEY ’S  OFFICE  TO  FILE  LAWSUIT,  RE:   EVICTION OF

 

            BATRESE  AND  MICHAEL  FREDERICK,  CARETAKERS AT   WOODY  SIMPSON

 

            PARK                                                                                                                                     

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to authorize County Attorney ’s Office to file a lawsuit to evict Batrese Frederick, former caretaker, and her husband Michael Frederick from Woody Simpson Park in Merritt Island .  Motion carried and ordered unanimously.

 

 

APPROVAL,   RE:   COST  OF  ADMINISTRATION  AND  COLLECTION  OF  COUNTY

 

            OCCUPATIONAL LICENSE FEES                                                                                     

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to approve the cost projected by the Tax Collector for administration and collection of County Occupational License fees at $240,191.  Motion carried and ordered unanimously.

 

 

RESOLUTION,  RE:   AMENDING RESOLUTION NO. 05-038, CONFIDENTIAL PROJECT     

 

            (03/04) 8-3-36-RD                                                                                                                 

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to adopt Resolution amending Resolution No. 2005-038 for Confidential Project (03/04) 8-3-36-RD, to state the original intent of the incentive.  Motion carried and ordered unanimously.

 

 

RESOLUTION AND LEASE WITH THE GREATER PALM BAY SENIOR CENTER, INC,  RE:

 

            LEASE OF

CENTER ON CULVER DRIVE

                                                                         

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to adopt Resolution and execute Lease with the Greater Palm Bay Senior Center, Inc. for use of space at

1275 Culver Drive NE, Palm Bay, Florida

for five years at $1 per year.  Motion carried and ordered unanimously. 

 

 

AMENDMENTS  TO  LEASE  AGREEMENTS  WITH  NORTH   BREVARD SENIOR CENTER

 

            AND MARTIN ANDERSEN SENIOR CENTER ,  RE:  EXTENDING LEASES

 

            THROUGH DECEMBER 30, 2005                                                                                      

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to execute Amendments to Lease Agreements with the North Brevard Senior Center and Martin Andersen Senior Center , providing 90-day extensions to the expiration date to December 29, 2005.  Motion carried and ordered unanimously. 

 

 

LEGISLATIVE  INTENT  AND  PERMISSION  TO  ADVERTISE  PUBLIC  HEARING,   RE:  

 

            ORDINANCE AMENDING CHAPTER 62, ARTICLE XV, ADULT ENTERTAINMENT    

 

            CODE                                                                                                                                    

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to approve legislative intent; and authorize advertisement of a public hearing to consider an ordinance amending Adult Entertainment Code to include a definition for “conviction.”  Motion carried and ordered unanimously. 

 

 

AGREEMENT WITH JOAN BICKERSTAFF ,  RE:   LEGAL REPRESENTATION OF COUNTY

 

            DEPARTMENTS IN VESTED RIGHTS HEARINGS                                                                      

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Joan Bickerstaff for legal representation of County Departments/Agencies in vested rights hearings before the Special Magistrate.  Motion carried and ordered unanimously. 

 

 

INTERLOCAL   AGREEMENT   WITH   ORLANDO    UTILITIES  COMMISSION,   RE:

 

            INSTALLATION AND MAINTENANCE OF LIGHTING AND CHILLED WATER

 

            SYSTEMS, FACILITIES, AND SERVICES                                                             

 

           

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to execute Interlocal Agreement with Orlando Utilities Commission for provision of lighting and chilled water systems for facilities in unincorporated Brevard County , pursuant to the Agreement.  Motion carried and ordered unanimously. 

 

 

APPROVAL OF JOINT WORKSHOP,  RE:   HOUSING AUTHORITY OF BREVARD

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to approve scheduling a joint workshop meeting with the Housing Authority of Brevard on October 17, 2005 at 1:00 p.m. for dispute resolution.  Motion carried and ordered unanimously.

 

 

RESOLUTION, RE:  CONGRATULATING CASEY HUDECEK ON GIRL SCOUT GOLD

 

            AWARD                                                                                                                      

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution commending and congratulating Casey Hudecek on achievement of the Girl Scout Gold Award.  Motion carried and ordered unanimously.  

 

 

ACKNOWLEDGE RECEIPT,  RE:   HERITAGE  ISLE  AT  VIERA   FINANCIAL  REPORT 

 

            FOR FISCAL YEAR ENDED 2004                                                                                       

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to acknowledge receipt of Heritage Isle at Viera Community Development District’s Financial Report for the fiscal year ended September 30, 2004.  Motion carried and ordered unanimously.

 

 

APPOINTMENTS,  RE:   BREVARD WORKFORCE DEVELOPMENT BOARD

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint the following to the Brevard Workforce Development Board:  Transport Workers Union of America President Ed Hill , International Association of Machinist & Aerospace Workers President Johnny Walker, Links of Hope Executive Director Father Joe McDowell, Kaiser College Melbourne  Executive  Director  Colleen  Rupp,   Mainstream  Engineering  President   Robert

 

Scaringe, PhD, P.E., Rush Construction, Inc. President William Chivers, and United States Air Force Director of Education Lillian Cassidy .  Motion carried and ordered unanimously. 

 

 

APPOINTMENTS/REAPPOINTMENTS,  RE:   CITIZEN ADVISORY BOARDS

 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to appoint Karen Hill to the EELS Program Recreation and Education Advisory Committee with term expiring December 31, 2005; Julie Pringle to the Mims/Scottsmoor Public Library Advisory Board with term expiring December 31, 2006; Ben Clark to the Wickham Park Advisory Committee with term expiring December 31, 2006; and Del Yonts to the Valkaria Airport Advisory Board with term ending December 31, 2005; and to reappoint Tom Wasdin to the Tourist Development Council with term expiring October 7, 2009.  Motion carried and ordered unanimously.

 

 

APPROVAL, RE:   BILL

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to approve the bill as submitted.  Motion carried and ordered unanimously.

 

 

AGREEMENT WITH THE  NATURE  CONSERVANCY,  RE:   LAND ACQUISITION  AND

 

            MANAGEMENT SERVICES FOR ENVIRONMENTALLY ENDANGERED LANDS

 

            PROGRAM                                                                                                                

 

 

Walter Pine and Thelma Roper advised of their opposition to the Contract.

 

Amy Tidd, Maureen Rupe, Martha Pessaro, Maureen Parent, Bob Blum, Mary Hillberg, Laurilee Thompson, Douglas Spuar, Barbara Hoelscher, Michael Myjak, Laurie Zweibak, Sandra Clinger and Linda Mason advised of their support of the Contract with The Nature Conservancy. 

 

Discussion ensued on policies regarding the allowance of staff to defend themselves, amount of lands put aside for conservation, The Nature Conservancy’s accomplishments in the last year, the delay in signing the Contract, and the allegations posed by Walter Pine.

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz , to execute Agreement for Professional Services with The Nature Conservancy for land acquisition and management services for three years, at a not-to-exceed amount of $278,000 for each year,  which  sum shall

be paid on a cost reimbursable basis.  Motion carried and ordered; Commissioner Pritchard voted nay. 

 

 

RESOLUTION,  RE:   ADOPTING  RULES  AND  REGULATIONS  TO  PREVENT  AND 

 

            ABATE NUISANCES IN UNINCORPORATED AREAS OF BREVARD COUNTY            

 

 

Chairman Pritchard noted he overlooked a speaker’s card requesting Item IV.D.2, Resolution Adopting Rules and Regulations to Prevent and Abate Nuisances in Unincorporated Areas of Brevard County, be pulled for discussion.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz , to reconsider the Consent Agenda Item IV.B.4.  Motion carried and ordered unanimously. 

 

 

Chairman Pritchard called for the two speakers on the item but neither were present.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution providing for rules and regulations to prevent and abate nuisances on property including the collection of water; the accumulation of trash, filth, or other matter which cause disease or create a health hazard; the excessive growth of weeds and other noxious plants; and to perform any such work as may be necessary in the event of the owner’s failure to do so and to assess the cost thereof against the property owner.  Motion ordered and carried unanimously.

 

 

The meeting recessed at 10:57 a.m. and reconvened at 11:14 a.m.

 

 

PUBLIC HEARING,  RE:   RESOLUTION VACATING PUBLIC UTILITY AND DRAINAGE          

 

            EASEMENTS  IN   MELROSE  MANOR  SUBDIVISION,  UNIT 3 --   JIM  F.  AND

 

            FAYE L. VOSS                                                                                                                                                                      

 

Chairman Pritchard called for the public hearing to consider a Resolution vacating public utility and drainage easements in Melrose Manor Subdivision, Unit 3, as petitioned by Jim F. and Faye L. Voss.

           

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Scarborough, to adopt Resolution vacating a Public Utility and Drainage Easement in Melrose Manor Subdivision, Unit Three as petitioned by Jim and Faye Voss.  Motion carried and ordered unanimously.

 

 

PUBLIC HEARING, RE:  ORDINANCE AMENDING ORDINANCES NOS. 88-15, 97-06, AND

 

            99-40, EXTENDING LOCAL OPTION GAS TAX                                                               

 

 

Chairman Pritchard called for the public hearing to consider an ordinance amending Ordinance Nos. 88-15, 97-06, and 99-40, Extending Local Option Gas Tax (LOGT).

 

Clerk of Courts Scott Ellis presented the Board with a chart showing the principle and interest received off of a 15-year bond and a 20-year bond, and stated the five-year extension would gain $8 million in principle but cost $10 million in interest.  Mr. Ellis suggested it would be more cost efficient to do the 15-year bond and work through the budget to restore LOGT back into the roads instead of taking from General Funds; and presented a list of where the LOGT has been going recently. 

 

Discussion ensued on IMPACT Program with SIS, Impact Fee Revenue, the cost difference between fully extending the bond today versus extending later, and inflation versus interest. 

 

County Finance Director Steve Burdett advised the cost of building roads is increasing more rapidly than the 4.3% the Board would be paying on the bonds and suggested the Board consider a line of credit that could be drawn on when needed and avoid the interest.  He noted  if the Board dedicated $7 million of the LOGT over the next 20 years for a line of credit, the line of credit would be at least $70 or $80 million; and the problem is the Board has not dedicated the $7 million to the roads yet and until the funds are available it cannot proceed.

 

Mr. Ellis noted if the Board made a commitment to put more money into LOGT, it could get a shorter bond for a larger amount based on making that commitment.

 

Amy Tidd noted if the Board went to 100% Impact Fees it could be receiving $15 million every year to fund transportation issues; and requested the Board place Impact Fees on the Agenda for discussion.   

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to continue the public hearing to consider an ordinance extending the local option gas tax until October 13, 2005.  Motion carried and ordered unanimously. 

 

 

PUBLIC HEARING, RE:  ORDINANCE AMENDING CHAPTER 62,  ARTICLE X,  DIVISION 4,

 

            SECTIONS 62-3691, 62-3693, 62-3694, AND 62-3696, WETLANDS PROTECTION      

 

 

Chairman Pritchard called for the public hearing to consider and ordinance amending chapter 62, article x, division 4, sections 62-3691, 62-3693, 62-3694, and 62-3696, Wetlands Protection.

 

Amy Tidd and Mary Sphar both spoke in support of the amendments.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article X, Division 4 Code of Ordinances of Brevard County, Florida, relating to Wetlands Protection specifically amending Section 62-3691 Definitions; Section 62-3693 General Provisions, Section 62-3694 Permitted Uses and Section 62-3696 Mitigation; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed and an effective date.  Motion carried and ordered unanimously.

 

 

PUBLIC HEARING, RE:  ORDINANCE AMENDING CHAPTER 62, ARTICLE XII, SECTIONS 

 

            62-4201, 62-4205, 62-4207, 62-4212, 62-4213, AND 62-4215, COASTAL SETBACKS

 

            AND CONTROL LINES                                                                                                       

 

 

Chairman Pritchard called for the public hearing to consider an ordinance amending chapter 62, article XII, sections 62-4201, 62-4205, 62-4207, 62-4212, 62-4213, and 62-4215, Coastal Setbacks and Control Lines.

 

There being no objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to continue the public hearing to consider an ordinance amending Chapter 62, Article XII, Sections 62-4201, 62-4205, 62-4207, 62-4212, 62-4213, and 62-4215, Coastal Setback and Control Lines, until October 25, 2005.  Motion carried and ordered unanimously.

 

 

 

 

 

 

CONTRACT FOR SALE AND PURCHASE WITH CHARLES MOXEY, SR ,  RE:   HOUSTON

 

            LANE PAVING, DRAINAGE, AND INFILL PROJECT                                                        

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase with Charles Moxey, Sr. for two parcels in conjunction with the Houston Lane Paving, Drainage, and Infill Project in the amount of $135,000.  Motion carried and ordered unanimously.

 

 

CONTRACT FOR SALE AND PURCHASE WITH BABCOCK PROPERTIES I, LLC,  RE:  

 

            BABCOCK STREET WIDENING AND IMPROVEMENT PROJECT                               

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz , to execute Contract for Sale and Purchase with Babcock Properties I, LLC in conjunction with the Memorandum of Agreement with Florida Department of Transportation for Babcock Street Widening and Improvement Project in the amount of $390,000.  Motion carried and ordered unanimously.

 

 

PERMISSION TO ADVERTISE AND SCHEDULE EXECUTIVE SESSION,  RE:   HEALTH                  FIRST,  INC.   VS.    BREVARD   COUNTY ;   MARK  BROWN ;   CARLTON   CARR; 

 

            MARSHALL CHAPMAN;  HORACE MITCHELL;  RENE REUTER;  JAMES SCOTT ;

 

            THOMAS SHIELDS;   EDWARD STEWART;   WILLIAM WASHINGTON;   SAMUEL

 

            WATTS;  AND PERCIVEL WILSON                                                                                     

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to grant permission to advertise and schedule an executive session on October 11, 2005, at 11:30 a.m. or as soon thereafter as possible, to discuss the outcome of the meeting with all counsel on September 30, 2005 regarding Health First, Inc. v. Brevard County; Mark Brown; Carlton Carr; Marshall Chapman; Horace Mitchell; Rene Reuter; James Scott; Thomas Shields; Edward Stewart; William Washington; Samuel Watts; and Percivel Wilson.  Motion carried and ordered unanimously. 

 

 

ACCEPTANCE OF DEED FROM BARBER DEVELOPMENT CORPORATION,  RE:  

 

           

BARNES BOULEVARD

WIDENING PROJECT                                                    

 

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to accept Deed from Barber Development Corporation and John W. Walker for conveyance of a 23-foot strip of right-of-way along the north side of

Barnes Boulevard

at the proposed Turtle Creek Business Park location for the Barnes Boulevard Widening Project.  Motion carried and ordered unanimously. 

 

 

LEGISLATIVE  INTENT  AND  PERMISSION  TO  ADVERTISE   PUBLIC  HEARING,     RE:  

 

            ORDINANCE  AMENDING  CHAPTER 62,  SECTIONS 62-1102,  62-1835.4.5,  AND

 

            62-1333, REDEFINING FISH CAMP TO PERMIT ACCESSORY RESTAURANT USE 

 

 

Commissioner Scarborough advised that Bobby Fleckinger has a 21-acre fish camp and wants to open a 2,500-square foot restaurant on the property; although the property is not zoned for a restaurant, Mr. Fleckinger has approximately 1,000-square feet from where the restaurant would go to his property line; and inquired if Ms. Sobrino could work with the applicant. 

 

Panning and Zoning Director Robin Sobrino advised from an aerial photo she estimated a smaller square footage between his property lines and the placement of the restaurant; the process consistent with current regulations is a re-zoning process to get commercial zoning and a Comprehensive Plan Amendment to get community commercial; and when it comes to criteria for locating a commercial use, Mr. Fleckinger’s location would not meet the standards that are set forth in the Comprehensive Plan for a commercial use. 

 

Chairman Pritchard inquired if this will give opportunity for others that might fall into this same situation a chance to build a business as long as there is a sufficient amount of acreage.  Commissioner Scarborough responded by placing parameters it could prevent a restaurant or a fish camp coming into a residential neighborhood.   

 

Laurilee Thompson noted her appreciation to the Board for working with Mr. Fleckinger to get the property put into place. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve legislative intent and grant permission to advertise a public hearing to consider an ordinance amending Chapter 62, Sections 62-1102, 62-1835.4.5, and 62-1333, redefining “fish camp” to include restaurants as an accessory use; and direct staff to come back to the Board with additional information on setbacks and number of feet from a restaurant to the property lines, and work with Bobby Fleckinger on his surveys for Loughman Lake Lodge.  Motion carried and ordered unanimously. 

 

 

WAIVER OF TITLE SEARCH AND PHASE  I  ENVIRONMENTAL ASSESSMENT,  AND

 

            ACCEPT SIDEWALK EASEMENT FROM SUNTREE MASTER HOMEOWNERS

 

            ASSOCIATION, INC.,  RE:  

BAYTREE DRIVE

                                                                  

 

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz, to waive title search and Phase I Environmental Assessment, and accept Sidewalk Easement from Suntree Master Homeowners Association, Inc. for construction of a sidewalk along the north side of

Baytree Drive

, from

Interlachen Road west

until it meets with an existing sidewalk.  Motion carried and ordered unanimously.    

 

 

REQUEST FOR EXEMPTION FOR EDUCATIONAL FACILITIES IMPACT FEES,  RE:

 

            ROBERT AND ARLENE FATA                                                                                

 

 

Commissioner Voltz advised Mr. and Mrs. Fata can come by her office due to their absence today; and no action is needed at this time.

 

 

CONTRACT FOR SALE AND PURCHASE AND ADDENDUM TO CONTRACT WITH ALLIED  

 

            INDUSTRIES, LLC.,  RE:   PARCEL IN SPACEPORT COMMERCE PARK                    

 

 

Veronica Clifford advised on behalf of the Spaceport Commerce Park , they unanimously agree it is a good business to bring into the Park.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to execute Contract for Sale and Purchase and Addendum to Contract with Allied Industries, LLC for purchase of a 2.5-acre parcel located on Shepard Drive in Spaceport Commerce Park in the amount of approximately $75,000 minus related fees for title search and boundary survey.  Motion carried and ordered unanimously.  

 

 

APPROVAL,  RE:   FY 2005-2006 AUDIT WORK PLAN AND UPDATED RISK ASSESSMENT

 

 

Assistant County Manager Stockton Whitten noted the System-wide Opportunity Analysis Report is the report from the auditors  showing  the  systems  it  will  use  to  look  at  the  issues

spanning across departments as requested by the Board; and at a later date the auditors will be integrating the ideas with Bob Seemers of Sterling. 

 

Commissioner Scarborough advised Mr. Seemers of Sterling would be analyzing the County on meeting the consumer’s needs and the auditors would be checking for conflicting systems as opposed to unified systems.  Commissioner Carlson replied there is integration potential because they both are efficiencies. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to approve the FY 2005-2006 Audit Work Plan and Updated Risk Assessment, which includes the System-wide Opportunity Analysis Report, Fire Rescue Department, Facilities Maintenance (Facilities Department), Information Technology Department, Local Option Gas Tax, Land Development “One Stop”, Criminal Justice Services Department, and Follow-up Audits/Reports.  Motion carried and ordered unanimously. 

 

 

APPROVAL OF WORKSHOP,  RE:   LOCAL OPTION GAS TAX

 

 

Motion by Commissioner Voltz , seconded by Commissioner Scarborough, to approve scheduling a workshop on October 13, 2005 at 1:00 p.m. to discuss the Local Option Gas Tax.  Motion carried and ordered unanimously.

 

 

ACKNOWLEDGE RECEIPT,  RE:   ANNUAL FINANCIAL AUDIT OF INDIVIDUAL COUNTY

 

            AGENCIES FOR FISCAL YEAR ENDED SEPTEMBER 30, 2004                                    

 

 

Motion by Commissioner Carlson, seconded by Commissioner Voltz , to acknowledge receipt of the Annual Financial Audits of individual County Agencies for fiscal year ended September 30, 2004, pursuant to Section 11.45(3)(a)4, Florida Statutes.  Motion carried and ordered unanimously. 

 

 

CITIZEN REQUEST  -  JOE IVISON ,  RE:   ENFORCEMENT OF SECTION 114-28,

 

            DANGEROUS TREE                                                                                                

 

 

County Manager Peggy Busacca noted Mr. Ivison’s absence at this time and advised the Board he is to arrive in 30 minutes.  The Board decided to continue with the Agenda and come back to Item VII.E.2. if Ivison arrives in time.

 

 

 

 

 

RESOLUTION,  RE:    ESTABLISHING  REVISED  FEE  STRUCTURE  FOR  NATURAL

 

            RESOURCES  MANAGEMENT  OFFICE                                                                            

 

 

Commissioner Voltz advised fees should be collected up front for permits because many are left abandoned wasting County time and tax dollars.   

 

Assistant County Manager Ed Washburn noted fees are not collected up front for single family building permit reviews; and going back one year, Natural Resources had $6,100 in missed money due to the abandonment of permits. 

 

Chairman Pritchard stated the fee should be the full amount of the permit provided the fee is as close to 100% accurate as possible. 

 

Motion by Commissioner Voltz, seconded by Commissioner Carlson, to adopt Resolution amending environmental, landscape, and land clearing review fees for development plans, private lakes, land alterations, land use changes, rezoning, flag lots, unpaved roads, shoreline hardening, wetland determinations, appeals, and other miscellaneous reviews; and to direct staff to pursue a methodology to collect fees up front.  Motion carried and ordered unanimously. 

 

 

PERMISSION TO REINSERT EXISTING FUTURE LAND USE DIRECTIVES INTO FUTURE

 

            LAND USE ELEMENT,  RE:   2006B PLAN AMENDMENT PACKAGE                           

 

 

Chairman Pritchard inquired why is there a reference to a directive if the directive is not appropriate.  Todd Corwin, Comprehensive Planning, replied the County Attorney ’s Office suggested staff reinsert these directives to submit the link between the FLUM and the FLUE. 

 

County Manager Peggy Busacca stated examples of a directive could be that the maximum density in a particular area is 10 units per acre but the Board has limited the density in that area to only eight units per acre because of a special condition that exists; and in some cases, the intensity of an existing structure or an intense use would not be shown throughout the entire area because that is not what the Board feels the entire area should go to but instead just want to recognize the existing use. 

 

Commissioners Scarborough and Carlson expressed their need for more information.  Chairman Pritchard stated if the FLUE is right then it needs its supportive documents but if the FLUE is not right maybe it should be changed. 

 

 

AGREEMENT WITH MERRITT ISLAND REDEVELOPMENT AGENCY,  RE:   APPOINTMENT

 

            OF GREG LUGAR AS DIRECTOR OF MIRA                                                                    

 

 

Commissioner Carlson expressed her concern over the lack of a master plan stating exactly where the dollars are going to go; stated MIRA has been in existence for 16 years and the Board has still not received a full master plan; and if MIRA has available dollars it should get put through the General Fund because those are dollars that could be put into other priorities.    Economic and Financial Programs Director Greg Lugar replied he could provide a plan within 30 days. 

 

Commissioner Carlson noted the $1 million MIRA received through incremental tax was not prioritized correctly.  Commissioner Voltz replied many things had been added into the plan just because there was money and it should not be like that.  Commissioner Carlson stated her concern  is  that  there  has  been  no  forward  thinking  such  as  the  amount  anticipated to be

accumulated, the cost of the project, and how long it will take to do; and if something has been around for 16 years, there has to be an idea of how much the incremental tax will be. 

 

Chairman Pritchard noted the report also needs to include the unusual height limitation in MIRA that is based on distance to residential neighborhoods. 

 

Commissioner Scarborough advised the State Statute has very ambiguous parameters of blighted; and inquired if Brevard County could create its own criteria to be considered blighted.

 

Commissioner Carlson noted any monies coming in from Community Redevelopment Agencies that are above and beyond debt, should come back to the County’s general coffers.  County Attorney Scott Knox responded a RDA’s existence cannot be modified until the debt is retired; and if the debt has been retired, the Board has the authority to recheck the RDA’s at renewal.  Commissioner Carlson inquired if a review could be done on the entire County’s RDA’s and what debt is owed.  Ms. Busacca suggested staff collect the information and bring it back to the Board at the workshop scheduled in the beginning of the New Year. 

 

Commissioner Voltz inquired if it is possible to increase MIRA’s incremental tax.  Commissioner Carlson advised MIRA is heading into a state of indebtedness and if the Board could catch MIRA before that happens, it can allot a specific amount for two long-term projects and put the rest of the money into the coffer.  Mr. Knox replied the Board did have that flexibility because MIRA would have to bring a plan before the Board to be given approval for financing; and the State Statute states as long as a CRA is kept in existence, the amount of tax increment can be restricted but cannot go below 50%.  Commissioner Voltz inquired if the County could pay off the debt on an RDA and close it out, but still continue to collect the money from the Agency.  Mr. Knox noted he will look into it for the January workshop. 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to execute Agreement with Merritt Island Redevelopment Agency for appointment of Greg Lugar as Director of MIRA dedicating 25% of his time to MIRA to ensure completion of capital projects and approve the reclassification of the executive secretary position to full-time County Special Projects Coordinator.  Motion carried and ordered unanimously.

 

 

DISCUSSION,  RE:   LAPTOP COMPUTERS IN COMMISSION ROOM

 

 

Discussion ensued on minor renovations for the Commission Room to accommodate the laptop computers and the need for another light console for the Chairman. 

 

The Board instructed Assistant County Manager Stockton Whitten to return with a plan for the renovation. 

 

 

 

WARRANT LISTS

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Upon motion and vote, the meeting was adjourned at 12:32 p.m.

 

 

 

                                                                                                                                                           

 

                                                                                     RON PRITCHARD, D.P.A., CHAIRMAN

                                                                                     BOARD OF COUNTY COMMISSIONERS

ATTEST:                                                                       BREVARD COUNTY, FLORIDA

 

 

 

 

                                                           

 

SCOTT ELLIS, CLERK                        

 

 

 

            (S E A L)