May 4, 2004 Regular
May 04 2004
MINUTES OF THE MEETING OF THE BOARD OF
May 4, 2004
The Board of County Commissioners of
The Invocation was given by Pastor Oliver W. Wells,
Commissioner Susan Carlson led the assembly in the Pledge of Allegiance.
APPROVAL OF MINUTES
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the February 24, 2004 Regular Meeting and March 4, 2004 Continuation of March 2, 2004 Regular Meeting Minutes. Motion carried and ordered unanimously.
APPOINTMENT, RE: OUTDOOR MUSIC COMMITTEE
Commissioner Scarborough stated he has a replacement to the Outdoor Music Committee; Doris McMahon was appointed previously; and he wants to replace her with Helen Moore.
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to appoint Helen Moore to the Outdoor Music Committee, replacing Doris McMahon. Motion carried and ordered unanimously.
REPORT, RE: ARTICLE V FUNDING
Commissioner Pritchard advised he has requested a report from County Manager Tom Jenkins regarding the Article V Funding; and looks forward to seeing what will happen with the funding that
REPORT, RE: AIRPORT LAYOUT PLAN
Commissioner Pritchard stated in February 2004, the Board requested a status report on proposed T-Hanger expansion at
Chair Higgs inquired if the Board needs to bring it back, or does staff have anything to report; with Assistant County Manager Peggy Busacca responding at this time staff has not made an application for a 50/50 grant. She stated staff made an application for the 80/20 match, and it was rejected. She stated Board direction did say staff could go forward and ask for a 50/50 grant. She advised in the past what staff has done is receive the grant and have the grant and changes to the airport layout plan approved at the same time. She stated it can be done separately if the Board would like in this instance, but in the past it has been done together. Chair Higgs stated she had a discussion with a citizen who was interested in this; they will have something as well; and the item will be coming back to the Board. Ms. Busacca stated as Chair Higgs said there will be another issue coming forward with a citizen who would also like to put a hangar there; and staff will bring that back to the Board as part of that discussion. Commissioner Pritchard inquired when it will come before the Board; with Ms. Busacca responding in July.
REPORT, RE: BASE RELOCATION AND CLOSURE (BRAC)
Commissioner Pritchard stated the Economic Development Commission (EDC) has invited him to go to
REPORT, RE:
INITIATIVE
Commissioner Carlson advised the National Conference for the American Heritage River Initiative has been sponsored by the St. Johns River Alliance, which is a regional group; it will be held in Jacksonville on May 9-11, 2004; and she will attend. She stated it is a conference where people who are the executive directors and river navigators from throughout the Nation come from the other American Heritage Rivers to see what is being done on the
in terms of the restoration plan and strategies. She stated it is a biannual event; and they go to different rivers to find out new and exciting things that are happening along the rivers. She advised the reception is May 9, 2004; Senate President Jim King will be present; and Mr. King along with past Mayor John Delanney were responsible for bringing the Heritage River designation to the St. Johns River. She stated Secretary of state Glenda Hood will also be a guest speaker on one of the three days; if anyone is interested in attending there is a cost, but she does not know what it is; and if a person is interested, he or she can call her office at 633-2044.
REPORT, RE: BASE RELOCATION AND CLOSURE (BRAC) (CONTINUED)
Commissioner Colon advised she was also invited to go to
REPORT, RE: SUPPORT OUR TROOPS RALLY AT VETERANS PARK
Commissioner Colon stated the Support Our Troops Rally will be held May 31, 2004 at
REPORT, RE: EVEN AT ANDRETTI THRILL PARK
Commissioner Colon stated in March 2004 she was busy trying to put together a huge event with 25 churches; and one of the main things was to promote abstinence and keep the young people way from drugs and alcohol. She stated 1,412 young people attended the event. She advised Andretti Thrill Park recognized the need for the young people of Brevard County to have that sort of positive influence; and Mary 20, 2004, which is the last day of school, will be one more opportunity to come out to the event.
REPORT, RE: BASE RELOCATION AND CLOSURE (BRAC) (CONTINUED)
Commissioner Carlson stated she appreciates the fact Commissioner Pritchard will be going to Washington, D.C regarding the BRAC issue, and the interest the Board has shown supporting the military. She stated she would like to request the community send letters of support to the Commission Offices; and each office can package them up and send them to EDC Director Lynda Weatherman to take to Washington, D.C. She stated it will make a difference and display the true support for the troops.
RESOLUTION, RE: PROCLAIMING CIVILITY MONTH
Chair Higgs read aloud a resolution proclaiming the month of May as Civility Month.
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming the month of May as Civility Month. Motion carried and ordered unanimously. (See page for Resolution No. 04-083.)
RESOLUTION, RE: PROCLAIMING CHILD CARE PROVIDER APPRECIATION DAY
Chair Higgs read aloud a resolution proclaiming Child Care provider Appreciation Day.
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution proclaiming May 7, 2004 as Child Care Provider Appreciation Day and encouraging all citizens to recognize child care providers for their important work. Motion carried and ordered unanimously. (See page for Resolution No. 04-084.)
Jennifer Floyd stated there are approximately 400 child care providers serving over 5,000 children in the community; the children are our future; and the School Readiness Coalition is working to move them forward and prepare; them for school. She stated the child care providers are not only going to be recognized today, but through the School Readiness Coalition and the Child Care Association; and there will be a recognition for them on May 7, 2004.
John Allen, Chairman of the School Readiness Coalition, stated there are people from the private and public sector, providers, and all kinds of people who serve on the Coalition. He stated it will be challenging this next year as the Universal Pre-K beginning; and with the legislation recently passed, School Readiness Coalitions will have new names, new constitution, and so forth. He sated on behalf of all of the providers he thanks the Board for the recognition.
Chair Higgs presented the Resolution to Ms. Floyd and Mr. Allen.
REPORT, RE: AWARD TO
Commissioner Colon inquired what award was given to County Manager Tom Jenkins on behalf of children; with Assistant County Manager Peggy Busacca responding she does not have the plaque in front of her and cannot remember the name of the award. Ms. Busacca stated it was given by the State Attorney to Mr. Jenkins; and she will be happy to get the plaque from the office and read it to the Board. Assistant County Manager Don Lusk stated it is for the time Mr. Jenkins spent for the Child Advocacy Center, which is the past three or four years that he has been on the Board.
RESOLUTION, RE: RECOGNIZING NEIL BOYNTON
Commissioner Colon read aloud a resolution recognizing Neil Boynton.
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to adopt Resolution recognizing Neil Boynton for 25 years of service with Eau Gallie Little League and his outstanding achievements and community service. Motion carried and ordered unanimously. (See page for Resolution No. 04-085.)
Neil Boynton stated when the Steelers started ten years ago it was a single team; and it has now grown to ten teams predominately in the South Brevard area. He stated there were seven players the past season who have earned college scholarships as a result of the participation. He stated the two most desirable players on the tea cannot be talked to yet because the girls are not seniors; there are 132 girls participating; in August 2004 there are plans to move into North Brevard; and there is a lot of interest in the area. He stated it is a growing program; there are now over 1,000 teams in Florida; and it does not include the Panhandle of Florida. He stated it is the fastest growing sport for girls in the United States.
Commissioner Colon presented the Resolution to Mr. Boynton.
RESOLUTION, RE: PROCLAIMING OLDER AMERICAN MONTH
Commissioner Scarborough read aloud a resolution proclaiming Older American Month.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution proclaiming May 2004 as Older American Month in
Commissioner Scarborough stated moving from the seniors to the baby boomers, the concept of retirement will change; and there will be people whose incomes will increase because with retirement a person may do consulting with the multifaceted internet world. He stated historically there has been the problem of people continuing to identify with their home communities; and to engage them as a creative resource will be a challenge to the community in the fullest sense. He stated it is more than economics, it is also finding value in what is given to society as a measure of a persons quality of life. He stated the challenge area great for everyone; and he is glad
RESOLUTION, RE: PROCLAIMING NATIONAL SENIOR HEALTH AND FITNESS DAY
Commissioner Pritchard read aloud a resolution proclaiming May 26, 2004 as National Senior Health and Fitness Day.
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution proclaiming May 26, 2004 as National Senior Health and Fitness Day in
Christine Schnitzer stated the 11th Annual Senior Health and Fitness Day is May 26, 2004. She advised the Fountains of Melbourne are pleased to be the official site this year; Wuesthoff Hospital is also an official site; she is working in conjunction with one of the sponsors, the Running Zone that is hosting a walk the evening of May 26, 2004; and everyone is invited. She stated Walk 500 Take the Challenge is a walking program that is participating as well. She stated the event will be held from 9:00 a.m. until 3:00 p.m. She noted Brevard County works so well because it recognizes youth and senior programs; knowing that one in four adults are over the age of 65; and it is all age groups working together as a team that is something to celebrate.
Commissioner Pritchard presented the Resolution to Ms. Schnitzer.
RESOLUTION, RE: RECOGNIZING MS. JOHNNIE WILSON
Commissioner Pritchard stated he does not know how many people read the Florida TODAY article a few days ago regarding Johnnie Wilson. He advised it says, “Inspirational 99-year old bowler keeps rolling and rolling on lanes and in life. It is the second frame in the Wednesday nigh Beachcombers League at Shore Lanes, and Johnnie Wilson is starting down at a two-way sleeper.” He advised if a person has bowled it is very awkward to make some of the configurations. He continued to read, “it is a spare that even haunts event the pros. She walks up to the foul line. Eyes are targeted like a major league pitcher, pulls back her right arm, and then drops the eight pound ball to the lane with a soft thud. The ball rolls at a mesmerizing pace
of 6.28 miles per hour, but wipes out the two pins with the accuracy of a patriot missile. Two weeks ago Johnnie Wilson celebrated her 99th birthday. She carries a 110 average, and has a high game of 264 to her credit. Not bad considering she started bowling at the age of 63. Forget about the size 8 ½ shoes that have 20 years of wear and tear, or the unusual five-fingered plastic Columbia white dot ball that hit its popularity peak with moon rocks and bellbottoms, Johnnie Wilson is a battler in life and on the lanes.” He advised Ms. Wilson could not be present at the meeting because she recently got out of the hospital. He stated shore Lanes where Ms. Wilson bowls, because she has 20-year old almost worn out blowing shoes, is contributing a brand new pair of shoes to her. He stated all Ms. Wilson ahs to do is get to Shore Lanes and she will be fit with the shoes of her choice. he read aloud a resolution recognizing and honoring Johnnie Wilson during Older Americans Month.
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution recognizing and honoring Ms. Johnnie Wilson during Older Americans Month as an ideal example of aging well and living well. Motion carried and ordered unanimously. (See page for Resolution No. 04-088.)
DISCUSSION, RE: ITEMS REMOVED FROM THE CONSENT AGENDA
Commissioner Scarborough advised Thelma Roper has touched base with his office and wishes to have removed for discussion Items III.A.9 and III.B.2; and he would like to discuss those items at the end of the meeting. County Manager Tom Jenkins stated Parks and Recreation Director Charles Nelson wants to withdraw Item III.B.2 so it can be resubmitted at a subsequent meeting. Chair Higgs advised Item III.B.2 is withdrawn and Item III.A.9 will be discussed at the end of the meeting.
APPROVAL OF REQUEST FOR PROPOSAL, SELECTION, AND NEGOTIATION, AND
APPOINT SELECTION COMMITTEE, RE: SAP FINANCIAL MANAGEMENT SYSTEM
UPGRADE
Commissioner Pritchard advised the SAP Financial Management System Upgrade will provide many benefits; and inquired if there will be on-line payroll access. He sated the County employees get a payroll stub; and he is always looking for ways to save money. He stated if he can access his payroll account on-line through his identification and password, then it will save the envelope and printing; and inquired if it is something that can be done as part of the system; with County Manager Tom Jenkins responding staff will provide a report to the Board .
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve the advertisement, selection, and negotiation of a proposal from qualified firms for consulting and implementation services for an upgrade to the latest release of the SAP Financial Management
System; and appoint and Selection Management committee consisting of Central Services Director, Information/Communications Systems Director, Budget Director, County Finance Director, and Human Resources Director or their designees. Motion carried and ordered unanimously.
FINAL PLAT APPROVAL AND CONTRACT WITH SUMMERS CREEK COMMUNITY
DEVELOPERS, INC., RE: SUMMERS CREEK SUBDIVISION, PHASE 2
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to grant final plat approval for Summers Creek Subdivision, Phase 2, and execute Contract with summers Creek Community Developers, Inc. guaranteeing infrastructure improvements in the Subdivision. Motion carried and ordered unanimously. (See page for Contract.)
REQUEST FROM ADVENT LUTHERAN CHURCH, RE: WAIVER OF SECTION
62-3206(E)(5), CURB STOPS IN PARKING LOT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive provision of Section 62-3206(e)(5), Curb Stops in Parking Lot, for Advent Lutheran Church, to allow removal of existing curb stops, which have caused significant amount of injuries to the public by tripping over the curb stops. Motion carried and ordered unanimously.
REQUEST FROM DR. GUY MAXWELL, RE: WAIVER OF SECTION 3206(D)(2), MINIMUM
AND MAXIMUM PARKING SPACES FOR MINI-WAREHOUSE
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to waive provision of Section 62-3206(d)(2), Minimum and Maximum Parking Spaces for Mini-warehouse, to allow Dr. Guy Maxwell to construct eight additional parking spaces at Mimosa Storage Facility to be used by his employees at the animal hospital. Motion carried and ordered unanimously.
BINDING DEVELOPMENT PLAN AGREEMENT WITH FBC OF BREVARD, INC., RE:
PROPERTY IN A & B BRUNERS RESUBDIVISIONS, BRUNERS RESUBDIVISION
OF BURCHFIELD & BRUNERS ADDITION TO CRESCENT BEACH, AND
TITCOMBS RESUBDIVISION OF PART OF BURCHFIELD & BRUNERS
ADDITION TO CRESCENT BEACH
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with FBC of Brevard, Inc. for property located in A & B Bruners Resubdivision, Bruners Resubdivision of Burchfield & Bruners Addition to
Titcombs Resubdivision of Part of Burchfield & Bruners Addition to
BINDING DEVELOPMENT PLAN AGREEMENT WITH JAMES S. SMITH, III AND
BARBARA E. SMITH, RE: PROPERTY IN SECTION 02-TOWNSHIP 24, RANGE 35
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with James S. Smith, III and Barbara E. Smith for property located in Section 02, Township 24, Range 35. Motion carried and ordered unanimously. (See page for Binding Development Plan Agreement.)
BINDING DEVELOPMENT PLAN AGREEMENT WITH RAY E. BROWN, JR. AND CAROL A.
BROWN, RE: PROPERTY IN CANAVERAL GROVES SUBDIVISION
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Binding Development Plan Agreement with Ray E. Brown, Jr. and Carol A. Brown for property located in Canaveral Groves Subdivision. Motion carried and ordered unanimously. (See page for Binding Development Plan Agreement.)
AMENDMENTS TO EXISTING AGREEMENTS WITH RIVER SHORES EAST PROPERTY
OWNERS ASSOCIATION, INC., WINDOVER ARMS OF MELBOURNE HOMEOWNERS
ASSOCIATION, INC., RIVER WALK BY THE SEA HOMEOWNERS ASSOCIATION, INC.,
AND LOST LAKES CONDOMINIUM ASSOCIATION, INC., RE: USE OF COUNTY
RIGHTS-OF-WAY
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Amendments to Existing Agreements with River Shores East Property Owners Association, Inc., Windover Farms of Melbourne Homeowners Association, Inc., River Walk by-The-Sea Homeowners Association, Inc., and Lost Lakes Condominium Association, Inc. for use of County rights-of-way for ten years beginning May 11, 2004. Motion carried and ordered unanimously. (See pages for Amendments to Existing Agreements.)
AUTHORIZE
CONTRACT, RE: A. MAX BREWER MEMORIAL BRIDGE REHABILITATION PROJECT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize the
LICENSING AGREEMENT WITH TECHMEDIA GROUP, INC., RE: USE OF ASTRO
BUDDIES CHARACTERS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize Tourism Development Director Rob Varley to execute the Licensing Agreement with Techmedia Group, Inc. for use of the Astro Buddies charters for a term of five years from the date of execution. Motion carried and ordered unanimously. (See page for Agreement.)
LIBRARY SERVICES AND TECHNOLOGY ACT GRANT AGREEMENT WITH DEPARTMENT
OF STATE, DIVISION OF LIBRARY AND INFORMATION SERVICES, RE: SUMMER
LIBRARY READING PARTNERSHIP PILOT PROJECT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Library Services and Technology Act Grant Agreement with Department of State, Division of Library and Information Services for funding of the summer Library Reading Partnership Pilot Project in the amount of $7,500. Motion carried and ordered unanimously. (See page for Agreement.)
APPROVAL OF CONTRIBUTIONS TO CITIES OF MELBOURNE, PALM BAY, COCOA
BEACH, AND THUNDER OVER INDIAN RIVER, INC. FOR PORT ST. JOHN, RE:
FOURTH OF JULY FIREWORKS DISPLAYS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve contributions of $1,000 each for Fourth of July fireworks displays sponsored by the Cities of Melbourne,
FACILITIES RELOCATION AGREEMENT WITH FLORIDA POWER & LIGHT COMPANY,
RE: SOUTH BEACH COMMUNITY PARK
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Facilities Relocation Agreement with Florida Power & Light Company for relocation of a power pole at
PERMISSION TO USE JOB ORDER CONTRACT, RE: ADDITIONS TO SOLID WASTE
MULCHING FACILITY (
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to authorize staff to use its Job Order Contract to construct additions to the Solid Waste Mulching Facility at
CONTRACT WITH LOGAN VENTURES, INC., D/B/A MASH HOAGIES, RE: SNACK BARS
AT GOVERNMENT CENTER AT VIERA, AND HARRY T. AND HARRIETTE V. MOORE
JUSTICE CENTER
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to execute Contract with Logan Ventures, Inc. d/b/a Mash Hoagies for snack bar services at the
RESOLUTION, INTERLOCAL AGREEMENT WITH CANAVERAL PORT AUTHORITY, AND
ASSIGNMENT OF EASEMENTS, RE: BEACH STORM DAMAGE REDUCTION
EASEMENTS – SHORE PROTECTION PROJECT
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to adopt Resolution for donation of property; and execute Interlocal Agreement with Canaveral Port Authority and Assignment of Easements to Canaveral Port Authority for placement of sand for the entire scope of the Shore Protection Project. Motion carried and ordered unanimously. (See pages for Resolution No. 04-090, Interlocal Agreement, and Assignment of Easements.)
APPOINTMENTS/REAPPOINTMENTS, RE; CITIZEN ADVISORY BOARDS
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to appoint/reappoint the follow: Appoint Gary Bowie, Lourdes Cortina, Stephen Farrington, and Donnie Price to the Outdoor Music Committee with terms expiring September 3, 2004; appoint Christopher
Pastrik to Public Golf Advisory Board with term expiring December 31, 2004; and appoint Bob Ball to Suntree-Viera Parks Committee with term expiring December 31, 2004. Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to approve Bills and Budget Changes. Motion carried and ordered unanimously.
PUBLIC HEARINGS, RE: RESOLUTION VACATING RIGHT-OF-WAY/TODD AVENUE IN
PORT
Chair Higgs called for the public hearing to consider a Resolution vacating right-of-way of
There being no comments or objections heard, motion was made by Commissioner Scarborough, seconded by Commissioner Carlson, to adopt Resolution vacating right-of-way of
PUBLIC HEARING, RE: RESOLUTION VACATING RIGHT-OF-WAY/MALABAR
BOULEVARD IN
Chair Higgs called for the public hearing to consider a Resolution vacating a right-of-way of
Chair Higgs advised the audience of the procedure for addressing the Board.
Jonathan Lack stated he is requesting the vacating of a portion of the unimproved portion of
double-fronted lots and is in favor of the vacating of the right-of-way. He advised the Roadway and Landscaping Department has indicated since the property to the east is solely owned by himself and to the west is unbuildable marsh area, there would be no objection to vacating that portion of the road. He stated he is not sure if the Board has seen the portion of the road to be vacated, and he has an aerial photograph. He stated he feels for the neighbors in that there is construction traffic; there are a limited number of home sites that can be developed in that area; three or four are being developed now; and the most that can be developed are approximately ten. He stated the portion he is asking to be vacated will only serve his lot in that
Commissioner Pritchard inquired if the property next to Mr. Lack’s, which is listed for $52,000, extends all the way to
Mark Oed, Jr. stated the property was accessible; it was a dirt road and provided access for people who wished to participate in activities along the canal; and in time it overgrew and became forgotten. He stated he did not realize the properties where
down
notice because they were not within a particular distance from the area. He advised he is one road east of the area, but the second road east, which is Palm Drive, is impacted more because all of the construction people have chosen that road as an easier access for them; it is not just the construction traffic this is of concern, but the resulting residential traffic it will cause; he did
not realize it was open for up to ten homes to be built there; and that is a fair amount of additional traffic. He stated he does not see why a deeded road in Brevard County should not be allowed to be used for what it was designed and that is ingress and egress into the area; the Lack’s will benefit from vacating the right-of-way; that is only one family; and there are a number of families it will impact. He stated if the vacation of the right-of-way is granted, the construction and residential traffic will increase; the construction will eventually diminish; but at this point it is pretty extreme. He stated he does not know why
Mark Mihlebach stated he has taken pictures of the area in question, and distributed them to the Board but not the Clerk. He stated the South Beach area has exploded in new construction over the last few years, and there is more traffic; he is against the vacating of Malabar Boulevard; and he lives on Palm Drive and that is where most of the heavy traffic is from all of the construction; and most peop0le seem to drive down Palm Drive to go to River Road. He noted there are probably more children in the street than in other areas of the neighborhood; there is a worry about children in the street with the large trucks coming through the area; opening
Tom Addison stated he is opposed to vacating the property; he has contacted the County and understands in the future it will pave 750 feet of Malabar Boulevard; and he does not know why it would not be continued through and why the developers of all the additional properties would not be required to help pay for the rest of Malabar Boulevard being paved. He stated it is 198 feet for the ingress and egress of the additional vehicles; and that would be perfect. He stated he has contacted the construction people about their trucks; he lives on
Transportation Engineering Director John Denninghoff stated the Stormwater Utility Department has objected to the vacating to preserve the ability to use that property in the future as necessary as part of a retrofitting project for stormwater treatment.
Commissioner Scarborough stated this request for vacating is in Chair Higgs’ District. He stated normally the Board does not grant a vacating when there are questions of this magnitude; a strong case has been made; and he wants to move for denial if that is acceptable with the Board.
There being no further comments heard, motion was made by Commissioner Scarborough, seconded by Commissioner Colon, to deny petition vacating a right-of-way of
APPROVAL TO PLACE REFERENDUM ON NOVEMBER BALLOT, RE: TAX EXEMPTION
PROGRAM
Daniel Evans stated the Tax Exemption Program had its inception in 1994; that is when the Board approved for inclusion on the ballot; and the people of
To another county, state, or country that will provide those incentives; the Tax Exemption Program has been instrumental in creating thousands of good jobs and millions in capital investment; and there is evidence from the north to the south, with McDonnell Douglas Plant being refurbished as Knight Enterprises who employs hundreds of people at $30,000 a year. He stated the Walmart facility at the boundary of
$35,000; and the people in
Commissioner Carlson stated she appreciates Mr. Evans being at the meeting, and all of the people from the Economic Development Commission who are here to show support for the Tax Exemption Program. She stated the Board understands
Motion by Commissioner Carlson, seconded by Commissioner Pritchard, to direct the
Chair Higgs inquired if the
Commissioner Scarborough stated the people always need an opportunity to vote; but the Board knows the program is not without questions. He stated it will be measured to some extent, not only the ballot language, but the methodology the Board utilizes in granting or not granting the tax exemption; and Economic and Financial Programs Director Greg Lugar has brought some information for the Board. He stated the Board needs to get involved in discussing some of its parameters, because it could fail because the Board may have
parameters that have not been reviewed recently; and it may be best for it to define what to look for if it passes in the future. He stated he would like to have the item scheduled for the further discussion as to the methodology; have Greg Lugar provide a report on some of the issues the Board may wish to consider; and encourages each Commissioner if comments are received in their offices to forward them to Mr. Lugar. Commissioner Carlson inquired since the program is going to be sunset, if the Board thinks it may be premature and should wait until it actually gets accomplished; and noted if it does not, a lot of Board time will be wasted. Commissioner Scarborough responded his concern is that it will sunset if the Board does not answer some of the concerns; and the voters would see the Board does not have a commitment to redefine. Commissioner Carlson stated a great idea would be for the Economic Development Commission to do a presentation on what it has provided the community over the last ten years
and get into the critiquing what Commissioner Scarborough is speaking about. Commissioner
Scarborough stated over the last several months he has had conversations with Mr. Lugar about different parameters the Board is using; some of that has been brought before the Board as it discussed them; if the Board wants to treat it fairly rather than just place it on the ballot, it needs to have a sincere conversation; and the EDC needs to come forward and address the specifics.
County Attorney Scott Knox advised there is no meeting in June and it would have to be brought up and passed sometime in August in order to get to the ballot in time. Commissioner Scarborough stated it is not his intention that the redirection occur before the Board votes on the ballot language, but the Board needs to do it to give assurance to the public that it is trying to be responsible with the granting of the exemption. Chair Higgs stated by supporting the motion today the Board would be asking the
Commissioner Pritchard stated the idea of revisiting the parameters used is fine and it is something the public needs to be aware of; it is not something the Board gives away, it is something that is earned; and every tool the County has that will earn business to come to Brevard is certainly to its benefit. He stated there have been businesses that have not lived up to the expectations and the money has not been provided in term of a tax incentive; he is in favor of providing the tools necessary; and the EDC is doing a good job.
Commissioner Colon advised the Board is not asking the EDC to prove anything; the Board feels comfortable with the decision it made regarding the tax abatement; and what it is doing is providing a little education to the public regarding what the tax exemption is and tying up loose ends.
Chair Higgs called for a vote on the motion. Motion carried and ordered unanimously.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to direct the item be scheduled for further discussion as to the methodology and criteria; and the Economic and Financial Programs Director provide a report to the Board on some of the issues the Board may wish to consider. Motion carried and ordered unanimously.
PUBLIC HEARING, RE: AUTHORIZATION FOR ROADWAYS AND LANDSCAPING
DEPARTMENT TO PERFORM SERVICES FOR CONSTRUCTION OF
BOULEVARD AND
Chair Higgs called for the public hearing to consider authorization for Roadways and Landscaping Department to perform services for construction of
There being no comments or objections heard, motion was made by Commissioner Pritchard, seconded by Commissioner Colon, to authorize Roadways and Landscaping Department to perform the services necessary for construction of
CONTRACT FOR
Motion by Commissioner Colon, seconded by Commissioner Pritchard, to execute Contract for
for Contract for
ACKNOWLEDGE ANNEXATION REQUEST BY CITY OF
NORTHWEST CORNER OF
Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to acknowledge annexation request by the City of
RESOLUTION AND DEED, RE: DONATING
JOHN TO COMMUNITY HOUSING INITIATIVE ORGANIZATION
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution authorizing the Chair to execute a deed to transfer County-owned surplus residential parcel in Port St. John to Community Housing Initiative, Inc. for construction of one single-family home to be sold to a low-income Brevard County household at or below 60% of the Area Medium Income.
Chair Higgs inquired if the Board needs to have a discussion regarding the
Chair Higgs called for a vote on the motion. Motion carried and ordered unanimously. (See pages for Resolution No. 04-092 and Deed.)
Commissioner Pritchard advised he is in the process of compiling a list of vacant property that is owned by the County to see if there is any potential to sell the property and place it on the tax roll if it has no value or possibility of being used; some of the properties the County owns are small, and they are not being utilized for anything; there are other properties that need to be evaluated to see if there is a market value, and give them to the private sector at a good market
value price; and he has no intention of giving anything away that significant income can be generated. He advised his staff is in the process of compiling that; once it is together he will being it back to the Board; and it can take a look at it then.
He meeting recessed at 10:19 a.m. and reconvened at 10:30 a.m.
BOARD DIRECTION, RE: PUBLIC INPUT PROCESS TO ADDRESS DIMINISHING
WILDLIFE HABITAT
Chair Higgs suggested Assistant County Manager Peggy Busacca explain what the Board is being asked to consider.
Assistant County Manager Peggy Busacca advised the Board had previously given direction to address the issue of diminishing wildlife habitat, and an ordinance was developed; there were approximately 20 public hearing opportunities, either as public meeting or public hearings in
front of the Local Planning Agency; during that time there was a great deal of citizen involvement, but there were many people that felt their involvement was inadequate and the ordinance did not address concerns; and the question before the Board today is what public input [process would the Board like staff to utilize that it believes would be most effective in getting the information and the opinions of the public before proceeding with the development of a new crucial habitat ordinance.
Commissioner Scarborough stated it would behoove the Board and public to define some of the terms like diverse citizen focus groups, feedback, and third party facilitator; what does a facilitator do; and to have that as part of the definitions may be beneficial. Ms. Busacca inquired if the Board wants staff to describe those in more detail and bring it back; with Commissioner Scarborough responding there are speakers today and that may be where it ends up. Commissioner Scarborough advised some comments his office received is what actually would this mean, and can he tell them a little bit more, and he said it is probably what will be discussed at the meeting. Interim Natural Resources Management Director Virginia Barker advised staff is very open to whatever process the Board chooses; and where staff suggested the use of a focus group of multiple focus groups, the Board can tell staff, based on comments received at each Commission office, what changes it may want to make in the process. Commissioner Scarborough stated every institution has its own slang that it uses, and it may be one thing here and something to someone else in another part of society; and it would let people know if there was a brief description at this time. Chair Higgs inquired what is a focus group and what does a conflict resolution facilitation mean; with Ms. Busacca responding staff’s intent for a focus group is in the past it has asked people to come in and review an ordinance. Ms. Busacca stated staff would like to bring people together and ask them for solutions to the problem before any options were created for Board consideration; those focus groups are envisioned to be people who are interested property owners, biologists with scientific background, realtors, development community, and citizens; it would be similar to the citizen resource group concept of bringing people in and asking them to help develop the options; and the second option considered is to utilize the feedback already received. She stated there is a significant number of written letters and notes taken by staff at the various meetings; a third party facilitator was suggested similar to what the State of
came together; and a third party, in this case staff, was suggesting the Florida Conflict Resolution Consortium would be able to develop the areas where there was agreement and disagreement and if the process could be begun on agreement, any options developed for the Board’s consideration would be smoother. She stated the fourth option would be to use a community survey, such as a telephone poll to talk about the values and options presented; and staff identified it may not be a complete list and during the public hearing process there may be valuable options to consider.
Commissioner
talking with some people regarding this issue, it needs to be made clear that a phone call or email goes to both parties. She stated based on feedback, the biggest problem is lack of communication; having a third party would be the way to go; having someone who is not biased to either side, staff would not be accused of being biased; and the issue should be discussed today, but she is not comfortable taking any action regarding the issue.
Commissioner Carlson stated a facilitator is a good idea; the Board needs to take a step back; if a facilitator is brought in, that person cannot be prejudiced to the issues; and they need to find out what the issues are and write up some sort of summary. She stated having a facilitator may be an option, and having a workshop may be an option; she is not sure what having a workshop would accomplish; and the issue is getting it out to the public and making sure they understand what it means. Commissioner Colon stated one of the biggest concerns has been the concern of people who own those lands; coming from the City of Palm Bay, the second any decisions were going to be made that impact a land owner or builder, they were sent directly to the Building Advisory Board; that way the community had an opportunity to get feedback; and the County has a Building and Construction Advisory Board, but does not utilize it as much as other communities. She stated a workshop will not accomplish anything at this point; it is a matter of the Board trying to figure out what would be the methodology it should use; but she would still not want the Board to make any decisions today.
Carol Hamilton stated she is in favor of purchasing crucial wildlife habitat; she recently discovered that black bears used to roam
County can continue to develop and grow and at the same time preserve. She stated future County residents will fondly remember the current Board for its vision and willingness to make tough choices.
Maureen Rupe, Chair of the Partnership for a Sustainable Future, stated a lot of people have asked what is the Partnership; it is a coalition of diverse groups devoted to establishing and
maintaining an economically and environmentally sustainable future for Brevard County; there are also individual members; but the member groups are Barrier Island Protection and Preservation Society, Earth Safe Space Coast, Florida Native Plant Society, Conradina and Sea Rocket Chapters, Friends of the Scrub, Indian River Audubon Society of Brevard County, League of Women Voters of the Space Coast, Save the Manatee Club, Save the St. Johns River, Sea Turtle Preservation Society, Sierra Club Turtle Coast Group, and the Friends of the Enchanted Forest. She stated the Partnership for a Sustainable Future and the League of Women Voters Space Coast Natural Resource Committee will support
Bobbie Bockman stated she is speaking as an individual and also as President of Citizens for Resources Stewardship of Brevard; she understands Ms. Rupe’s frustration with having proper notice; and she has not been able to discuss the issue with any of the members. She stated she is thrilled to live in paradise; her family has been in
liability, and threat of penalties for not managing a preserve sufficiently were scary; the cost of purchasing habitat properties is nothing compared to the cost for infinity to manage and
maintain them; it is like a family that has three children but they want ten; co-insurance is only $300, so they have seven more children; and that was fairly cheap. She stated the family paid $2,100 for seven children, but cannot afford to feed or clothe half of them; and inquired if funds are not set aside to manage those properties, what good has it done to just purchase them and take them out of the public hands. She stated a focus group would be the best way to address some of the issues; she does not think the groups are as far apart in thinking as the Board may think; and the groups just have a difference in opinion on how to implement it.
Amy Tidd stated this is an issue vitally important to
Mary Sphar stated today’s Agenda item addresses the public input process for an extremely important issue, diminishing wildlife habitat; it appears that the normal public input process has been sidestepped or derailed; and it should not prevent the Board from insisting that the established public input process be followed. She inquired when the Local Planning Agency votes 11-0 to have the SEAS ordinance returned in 60 days with information on specific concerns, why is the rest being ignored; and what interest group has the
considered in the past and many have merit; and it should be supplemental to the ordinance required by the Comprehensive Plan. She suggested the Board take control of the matter and get the normal public input process on track.
Commissioner Colon stated one of the things the Board hears frequently is to take control of the matter; even with the Charter Review Commission there is controversy because the attorney also sits as one who is not to be biased, but he is part of 1000 Friends of Florida; and when there is an attorney who sits in a position where he is not supposed to be biased, but is part of an organization that has a certain mission, that leaves the community questioning the situation. She advised the Board did not pick that attorney, it was the Charter Review Commission; she is receiving phone calls accusing the Board of picking someone for the Charter Review Commission who has a certain mission; it depends on what side of the issue someone is one, either an environmentalist or a property rights activist; and both feel strongly about the situation. She stated today is a perfect example of perception; the issue is being discussed and people will think it was something that was planned and other people did not know about it; and that is why if the Board wants to make sure it acts responsibly it should not take action at the meeting today. She stated it needs to come back again to give the community the opportunity to discuss the process; and when issues like this are discussed, both sides need to be present to speak about it.
Commissioner Carlson stated in January there was an 11-0 vote by the LPA to have 60 days to look at it; the only input she received was through the grapevine; and the real perception from her office was not one of all the facts all at once. She stated what the legislative intent asked for was to go out to the public and get input; it was done; and then there were many misconceptions. She stated at no time has it ever come back to the Board with full public comment that has been collected; all of the information could be brought before the Board so it can understand why all the other things have happened out there that have fragmented the community; there can be a public hearing and everyone can attend; and it would be an alternative to a workshop. She advised if a third party facilitator is brought in there is already a body of work that has been done, so what can be achieved; it will be the same if there was just a public hearing; people will say the same things; and there will be people who like it and people who do not like it; so that seems the way to go. She noted there are things in the SEAS ordinance she has heard that do not sound like it will work; one thing is the maintenance issue regarding having a handle ton maintaining critical habitat if it is purchased, given to the County, or however the County assumes the ownership; the Board has not gotten the true perception of what everyone thinks; and things have been tweaked and done behind the scenes so why not bring it forward for public hearing and invite everyone who wants to make a comment to do so. She stated otherwise the body of work will be lost; the County has heard from all possible focus groups; but the focus groups, business people, property owners, environmentalists, etc. should all come to a public hearing so the Board can hear all comments and collect all information. She stated there is so much the Board does not know, and it is trying to go forward without a
true perception of what the issues were that created fragmentation; it has made it worse in the community than better; it should all be brought out at a public hearing and the Board can listen to all sides; and that way all of the details will be flushed out.
Commissioner Pritchard stated the whole problem with the way the process was done is that much of it was done before it was made public; and once the public became aware of what was going on it did rise and attend. He stated the comments made at the public meetings never made it beyond the meetings; the fast track that SEAS was on was derailed, and it should have been because it was wrong; property owners were not part of the discussion; and they should have been notified first since it is their property. He stated he does not think there would be a tremendous opposition to the property utilization as long as the property owners are involved in
the process; the people who own the land were not part of it; one of the things the Board talked about earlier on was formation of a committee; and a screening process is needed by forming a committee that would consist of property owners, builders, developers, realtors, environmentalists, and average citizens. He advised the Board can appoint three members each, which would make 15 on the committee; a moderator from in-house would be a good idea; Assistant County Manager Don Lusk would do well as a moderator because he would be fair and unbiased; and the panel could then come back with a good solid recommendation as to how to go about doing this. He noted there were good points brought up; the idea of tax incentives was an excellent point; if a person sets aside “x” amount of their property for conservation, the idea of some sort of compensation for doing that is appropriate; and tax incentives could be one of the ways to do that. He stated he has been hearing stories about connectivity, that it can be good and bad; and he would like to know more about that; someone told him some of the strips of land are so narrow that the connectivity is nothing more than a pathway; so it may not be appropriate in certain areas. He stated the whole point is to have the people who are directly involved, and that is the people who own the land as part of the process; each Commissioner appoint three members each, have a 15-member committee, and Mr. Lusk as moderator; and that committee could digest everything that has been submitted and maybe in 120 days a good solid recommendation could be brought to the Board. Chair Higgs stated since there is the LPA that is appointed by the Board and it has already heard it, maybe that is where the Board needs to go; and if the Board goes that route, another group may not be the way to go.
Commissioner Carlson stated she appreciates the good intentions by Commissioner Pritchard, but the LPA should not be overlooked; her office takes care in choosing good people who will think in an independent way; and to have an 11-0 vote from the LPA is amazing since it has gone through hours of listening to all those things. She stated the Board should not overlook all of the public hearings that have already happened; if it begins throwing that away, it takes the public process into the dark ages; the Board needs to be truly informed by having it presented in some form; she wants to see the original language from the public comments; and she does not want to see it tweaked in any form or fashion.
Commissioner Colon sated she tries to speak for both sides because there is no right or wrong; she has people who her office appointed who are environmentalists, but feels there needs to be balance; one of the things she has found is there are certain people who feel it is their way or the highway; and they have been very nasty to her. She stated there has been proof that people on County staff have been biased regarding the issue; there are emails proving there is bias; and it needs to be discussed. She stated there is no way she wants to see the ordinance come back the way it was; there was so much in there that created many ugly feelings in the community; and she watched those meetings. She stated if there is one issue the County wants to target, she would like to see it one at a time; trying to put it all together was a big mistake; and she hopes the Board has learned from that. She stated each side is so passionate about the issue that she hates to put County staff through the process again; and suggested the County do a little at a time, not put it all together, and see what could actually pass with the spirit of cooperation regarding the process.
Commissioner Scarborough stated the LPA voted to send it back because it was not happy with what it saw; he does not think it will be easy because it is complex; there is a tremendous amount of concern about it; and the questions need to be answered.
Commissioner Carlson stated there was a lot in the effort where the first legislative intent was written on; the Board wanted to consolidate the environmental ordinances so it could streamline the development process and do a lot of things that would make a lot of the questions go away; that is what the consolidated environmental ordinance is going to do; but the SEAS ordinance was only one of several environmental ordinances the County has. She stated the SEAS ordinance has not been developed; what has happened through the public process is that it has been blurred; and it is too big of an elephant to bite at any given point. She stated no one understood what was going on; there were good pieces in it; and she saw pieces that were particularly injurious. She stated if it can be brought back in two separate pieces, the County could do the consolidation piece first and then the SEAS ordinance; it could deal with them two separate times; and one is truly administrative in nature and will not create the heartburn that the SEAS ordinance will create.
County Attorney Scott Knox advised he has been assigned the task of doing the consolidation; and it is a mammoth undertaking. Commissioner Carlson stated Mr. Knox should review each one of the ordinances, see where they overlap, try to make sure the essential elements of the ordinances are there, and bring them together in such a way that it makes sense. Mr. Knox stated he has been through the definition sections in several different ordinances, and there are overlaps; there are four definitions of development in four different ordinances; and it has to be consolidated. Commissioner Carlson inquired if the
for consolidating the environmental ordinances to make them more understanding and user friendly; and since the County Attorney is working on that, he can review the SEAS ordinance to see what has been the biggest problem with it.
Commissioner Pritchard stated the problem with the SEAS ordinance and the process is that at this point there is too much conflict and too much information there; it needs to be run through a sieve so only the pertinent parts do survive; and it is something the Board should not undertake to selectively choose which pieces it wishes to move on. He stated that is why he believes a committee would take the information, pass it on to LPA, LPA does with it as it chooses, and it comes to the Board. He stated the main objections to the SEAS ordinance were the property owners were not a part of it and the develop0er and realtor side of the issue come in late; the committee needs to be formed with people who can go through the information, produce a result, and pass it on to LPA; and there is some mistrust with the natural resources community.
Commissioner Colon stated after what she witnessed for months and months, she feels bad for the LPA; it was truly trying to listen to the constituents, but what happens is once it picks up momentum regarding the mistrust, it is hard for the Board to overcome; she does not want to see the SEAS ordinance come back in the fashion it was; and last year at the Board meeting she requested staff notify the owners of what was happening, and it did not happen. She stated she then went to a public meeting where she publicly stated it happened because she trusted staff to do it; there is too much damage that has been done; the board may want to look at a combination of different ordinances; and Mr. Knox is having a hard time, so how does the Board expect the citizens to understand. She stated the SEAS ordinance is very complex; there are some things that people love in it; there are things that people do not like about the ordinance;
and if the Board brings everyone back, based on its track record, and with all due respect, after hundreds of people speak the Board will take no action. She noted all that will come out of it is the fact it is a controversial issue; and it is not right to do it to the citizens, staff, and the Board.
Commissioner Scarborough stated the LPA keeps being brought up; it is part of the process; the process was started with better defining how things may or could work; and what the Board could do is ask LPA to get the comments from the meeting. He noted to say the Board is going to do nothing is better than pretending like it is doing something and not doing it; and procedurally if the Board implements new tactics to get the ordinance before the community in a more positive dialogue, the LPA needs to be part of the discussion. He inquired when is the next LPA meeting; with Planning and Zoning Director Mel Scott responding two weeks from yesterday. Commissioner Scarborough stated it may be beneficial to take the community comments and Commissioners’ comments, and ask the LPA if it can do something; and there has to be a methodology in which a community discussion can take place.
Commissioner Carlson stated the people who may be impacted by the SEAS ordinance should have been notified; she does not recall the Board approving extra dollars to publicly notify everyone in the overlay zones; so she had never told her constituents it had gone out to all of
the property owners because she did not know if it did or not. She stated once the public is notified, someone has to listen to the comments; it is either the LPA or the Board; she does not know if the Board can define a committee that should be set up to listen to all of this when the LPA is familiar with all that is going on; and the Board can send it back to the LPA, along with the commentary and the agenda item. She noted the LPA has the public input; it knows where the problem areas are and have asked questions to those problem areas; the Board can see what the LPA comes back with; and there has to be a positive action the Board can take that both sides can agree on.
Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to send al the information collected to the LPA, along with the commentary and the agenda item.
Commissioner Scarborough stated with the Parks and Recreation Advisory Board in
County Manager Tom Jenkins advised to say the community was divided on the issue is an understatement; staff heard from people who do not normally call; and it is not a matter if a person is interested in preserving diminishing habitat, it is if the SEAS ordinance is the way to do it. He stated the SEAS ordinance actually consisted of two ordinances, which created some of the problems and confusion; what had been proposed in the options, was the fundamental question if the SEAS ordinance is the best approach or is another approach to protect diminishing habitat; the LPA reviewed the SEAS ordinance; and the consolidation of all of the environmental ordinances as it was originally drafted was nothing more than a shell. He noted what Mr. Knox has agreed to take on is to go back and rework the consolidated environmental ordinances; there is not only the shell, but the meat that goes with it; that way everyone can see exactly what it was that was being contemplated, as opposed to just simply an outline; and in terms of the critical habitat ordinance, staff has outlined for the Board a number of solutions. He
stated other solutions are to modify the existing open space ordinance, making the critical habitat ordinance voluntary, and a whole host of solutions, paying people for their property, and paying for conservation easements instead of taking of the property. He stated he watched the LPA meeting on television, and it was a contested and unpleasant task for those people who are volunteers; and suggested the Board limit the discussion to only the SEAS ordinance at the LPA. He noted the Board asks the LPA to consider all of the options in terms of trying to address the issue of diminishing habitat, it may be more construction; as the SEAS ordinance, particularly the critical habitat part, was being discussed, one of the major questions being asked was the legality of certain components; there were serious challenges of the science that was used t6o identify the properties; and what staff has been working on in the past several months is going back and looking at the science that was used in the critical habitat plan. He stated there was a plan used years ago and staff was looking at that science and land
identification of the core habitat areas; it has been an assessment of how much of the core habitat areas from that original plan has actually been acquired and what is remaining; and there are opportunities to connect some of the key parcels that were previously identified and acquired, and taking a look at the existing site preservation impact of the current site plan and subdivision regulars to determine what is already being set aside. He stated it is not as if staff has been idle; it has been trying to gain additional information for the benefit of someone to consider when looking at the issue; so the real question becomes does the Board want to stick with the SEAS ordinance approach or look at other options.
Commissioner Colon stated it is critical, whatever decision the Board makes today, it needs to start from scratch and be more focused; if a committee was formed and just has one person appointed by each Commissioner, it will be a committee of five; from experience in the past several years, she would not appoint anyone from either side; and she would appoint someone who will be fair for both sides. She stated it could be better to put five people together and have them work closely with staff; by bringing back the SEAS ordinance will not accomplish anything after all is said and done; all that will happen is having hundreds of people at a meeting screaming at each other; and she wants to see one thing at a time.
Commissioner Carlson stated it is a monumental effort whether the ordinance is used or just to take the critical habitat overlays and use it as a tool to do some of the other options; the community as a whole has not seen the overlay; if the Board does send it back to the LPA, it needs to provide more language to the options, with a prelude that says the overlay tool could be utilized in other ways; and she does not know which way the Board wants to go; but she does not want to lose the work that has been done. She stated if the Board takes public comment again or lets the LPA finish what it has started, and gives it additional options so it can look at the whole picture, then the Board can consider the options at that point.
Chair Higgs stated she is concerned if the Board sends it back to the LPA with the massive information what it will do; she is interested in finding ways to protect critical habitat in Brevard County; the Board needs to look at it and decide what to send back to be considered; and she is reluctant to put the LPA in a position that it really has so much to deal with and will not move anywhere. She stated the concept of breaking it down has value; she believes the only group who can break it down further is the Board; but the groups represented on both sides of the issue can have a dialogue that they can reach some points of agreement that can be brought before the Board. She stated she would rather see it go to the LPA than to a different group because it has dealt with it; and she is reluctant to send it to the LPA until the Board has made some determination of what it wants the LPA to do.
Commissioner Scarborough stated going to the LPA is just to bring it up to speed where this is because it was supposed to get something back within 60 days; it would also have the opportunity to comment; Amy Tidd has visited the concept of continuing a tax for the purpose of acquisition of properties; and there was conversation about the purchase of conservation
easements as opposed to fee title, which would allow some unique ability to acquire property at less value and then allow more proprietary utilization and enjoyment of property, which could enhance the value of adjoining properties. He stated it would then be less expensive to acquire properties as opposed to fee title; if the Board wanted to proceed in those type of issues, staff and attorney memorandums would be needed as to different forms of purchases; and maybe the LPA can define and make suggestions on what type of methodology process would be beneficial.
Commissioner Carlson stated she agrees that the second generation EELS effort going on needs to directed in some fashion to provide maintenance dollars for all the properties the County will have in-house, and point to the critical habitat; and much research has been done based on the overlays where staff can pinpoint certain scrub areas. She stated the last ten years of EELS has promoted purchasing environmentally endangered lands; what has been done in the County with the critical habitat overlay is to zero in on what areas need to be looked at by the EELS Committee; there needs to be direction from the Board to do that if there is a successful referendum that passes in November; and she believes there will be more feedback in the near future. She advised so much cannot be done without money; so without the money and support of the community to do those things, having all of the options will not mean anything.
Chair Higgs stated the concept has been floating around about the extension of the Beach and Riverfront potentially going to referendum; and that would allow the citizens in a straight-forward way to have an opportunity to express their opinion.
She advised there is a motion to send it to the LPA; a consensus cannot be reached today on exactly how to move forward with it; so she is reluctant to support that motion.
Commissioner Carlson withdrew her motion and Commissioner Scarborough withdrew his second to the motion. Commissioner Scarborough stated the Board should not send it to the LPA, but should have staff report to the LPA on the actions by the Board today. Commissioner Scarborough stated the LPA has a right to be part of the dialogue at this moment.
Chair Higgs stated the motion would be to direct staff to give a report to the LPA at the upcoming meeting.
Commissioner Carlson stated to give a report, but also to request some input back from the LPA to see if it wants to continue on the same road after hearing what the Board has commented on, or choose another way. Commissioner Colon advised speaking with staff it is knowledgeable of the items that were not controversial; and later on the Board can at least take some action on those items that are not controversial and would be beneficial for the community. She stated staff has that data and should be able to give the information back to the Board. She inquired how long will it take to put the ordinances together; with Mr. Knox responding maybe the end of August 2004.
Chair Higgs inquired if the Board would be interested in a motion to direct staff to report to the LPA and give an update on what was discussed and where things are; and staff provide a summary report to the Board on any items that seem to have widespread support. Commissioner Carlson inquired if that includes getting comments from the LPA. Chair Higgs responded if the LPA wishes to make comments; and staff will report back to the Board what came out of that meeting.
Motion by Commissioner Carlson, seconded by Commissioner Scarborough, to direct staff to provide a report to the Local Planning Agency (LPA) to update it on the Board’s discussions, where the issues are, and any items that have support concerning the public input process to address diminishing wildlife habitat; request comments from the LPA, if it desires; and report back to the Board on what took place at the LPA’s meeting. Motion carried and ordered unanimously.
County Attorney Scott Knox advised he looked at the SEAS ordinance and made many comments raising legal issues; if the Board were to vary some of the concepts presented in the ordinance, it could fashion something compatible with the property rights and environmental people; and it would take some innovation, and the Board will need to incorporate a number of different concepts in order to reach the goal it is trying to get to. Commissioner Scarborough advised he was reaching beyond an ordinance. Chair Higgs stated the Board would like a report back from the
Motion by Commissioner Scarborough, seconded by Commissioner Carlson, to direct the County Attorney and staff to explorer the possibility of a new concept for the purpose of augmenting the property of the landowner, and the capacity to utilize the County’s monies to the greatest extent to acquire the most for the least amount; staff inquire with other communities that have done it; and review if there are new issues that may arise when the County acquires conservation easements. Motion carried and ordered unanimously.
Commissioner Carlson inquired if the
County Manager Tom Jenkins stated there have been some of those conversations; the biggest issues was the property owners wanting to be paid for the property; Commissioner Scarborough is raising another opportunity where there can be partnerships; and he has heard the people are not opposed to conserving land, but pay the landowner for it. Chair Higgs stated it gets to the
point of a referendum in November if the Board wants to extend the Beach and Riverfront; even the most adamant property rights people are not opposed to conservation if it is the public good and benefit; and the question is will the public support paying for it. Mr. Jenkins stated the other aspect of the discussions was to make it voluntary if it is economically viable, such as the open space ordinance. Mr. Knox stated if the Board can get a balanced group to meet with, he will be happy to do that. Commissioner Carlson stated since the
APPROVAL OF APPLICATION AND ACCEPTANCE OF DEPARTMENT OF JUSTICE
GRANT, RE: COPS IN SCHOOLS PROGRAM
Sergeant Wayne Butler stated the proposal before the Board is to ask for 12 school resource officers in the elementary schools to complement the existing eight, so each elementary school will have a resource officer; the assets to the program are the safety and security of the children, teachers, staff, and school property; and there is a relationship building that goes on between the resource officers and the children, including teaching respect for law enforcement authority figures, providing law enforcement intervention for potential child abuse situations that occur, children access to a deputy sheriff to discuss problems, law enforcement communication network in the event of a critical incident, traffic control and enforcement around the schools during peak hours, counseling sessions with children and parents, and teaching preventative programs, such as drug prevention, anti-bullying, and life skills programs. He stated on March 12, 2004 at Challenger 7 Elementary School in Port St. John, a 11-year old girl was playing on the playground; she left to go to the restroom; and she was grabbed by an unknown adult male. He stated she screamed and broke free, and ran to tell a teacher; the man fled on a bicycle; the school resource officer assigned to that school was at her other assigned school; and if she had been there it may have made a difference. He stated the presence of a law enforcement officer deters crime; it is believed it was an isolated incident and pulled additional elementary school resource officers to that school; and resource officers become a resident expert in schools, children, and law enforcement interaction. He stated such officers provide a greater uniformed presence at the scene and are able to calm parents who are panicking in a situation like that; they are able to calm the children and also school staff; the individual who tried to grab the little girl is one of 642 registered sexual offenders who walk the streets of Brevard County every day; in the science of criminology there is a theory known as a dark figure of crime; what that says is that 77% of crime that actually occurs goes unreported; 25% of crime is actually reported; and
taking the statistics of the 27% arrest rate on crimes and reducing that to the actual people who are convicted of those crimes, the 642 number is just the tip of the iceberg. He stated the consequences for failure to protect children will rock the world; the only other context in which the Sheriff’s Office will come to the Board and ask for this funding again is after a horrible tragedy has occurred; the price of being reactive versus proactive in this situation is the life of a child; and Dade County has an elementary resource officer program, and it is huge. Sergeant Butler requested the Board support the item.
Commissioner Colon stated three years ago she was one of the biggest advocates of resource officers for the Sheriff’s Office; she was in favor of combining community policing and that is
how she has presented it to the Board; however, she will not approve this item because the Board needs to look ahead years from now. She inquired how the Board will fund this; stated it will be in the budget on a permanent basis; and any decisions made today the Board will be looking at three years from now. She inquired if the Board would need to raise the MSTU to have resource officers stay within the force. Sergeant Butler inquired if the Sheriff’s Office can work out the money issues would Commissioner Colon vote for the program; with Commissioner Colon responding she is in favor of it. Commissioner Colon stated she had tried for years to implement something on the beachside, which was one of her biggest concerns but it did not happen; she commends the resource officers and has nothing against the program; with that kind of community policing, not only would the officer take care of the school, but would also be the eyes and ears to the community; and it is what she has envisioned, but she is totally disappointed three years later. She stated the program is wonderful, but the problem is the dollars; any time the Sheriff’s Office comes to the Board asking for money, it is in the MSTU; but what will happen in three years is what she is concerned about. She stated she does not know where the dollars will come from; and the only way to have the money is by raising the MSTU. Sergeant Butler advised there are people present who are financial experts and would be happy to discuss it with the Board; he is a strong advocate for the program; and it is needed.
Sheriff’s Office Finance Director Deborah Barker stated this is a grant opportunity and the proposal before the Board is for 12 resource officer to complement the existing eight officers to serve in the elementary schools of unincorporated
Commissioner Colon stated she does not want to shoot the messenger; and she wanted Ms. Barker to understand that. She inquired if the Sheriff’s Office is comfortably able to hold the current base as far as the millage, and how much is that a year. Ms. Barker responded the
Board wanted the Sheriff’s Office to look into it own budget to see what it can fund and not just ask the Board for more money; the reason she has come forward and said the Sheriff’s Office has the ability to fund the local MSTU match is if the millage rate stays the same and the base budget is kept the same, it is because last year the Board worked with the Sheriff to fund the 12 deputies; so that is the base money it would be using to fund those officers. She advised the twelve officers per year will cost a little over a million dollars the first year. Commissioner Colon stated if the money is there the Sheriff’s Office should be able to fund officers now, not for resource officers, but for officers on patrol now. Ms. Barker stated it could do that if the Board wanted to; if the millage and the base budget stayed the same in 2004-2005, the Sheriff could fund an additional 12 officers if it is the Board’s desire; and if the Sheriff’s Office has the funds to do that because of going into the new year with a millage rate and base budget from the 12 officers hired this year. Commissioner Colon stated because of the fact the budget is tight, she cautions the Board to be careful on how it makes this decision; on May 4, 2004 the Sheriff can afford 12 officers; and the Board can have that discussion again in three or four months.
Commissioner Carlson stated back when the Board gave the Sheriff the matching dollars for the eight resource officer the questions she had were regarding community policing; her understanding is that the resource officers are not on campus 100% of the time; and they go to the crossing points where the children get to school. She inquired if the resource officers are covering more than one school at a time; with Ms. Barker responding that is correct. Commissioner Carlson stated it has always been her assumption that the eight resource officers would be at bus stops, school crossing zones, etc. Ms. Barker advised the school resource officers put into the schools in 2001 are community policing officers, and that is how they are paid out of the MSTU fund, which is paid for by unincorporated residents for law enforcement services. She stated the resource officers do community policing work; they are in the schools; and they spend two days in one school and three days in another. She stated the officers split
the time; after school they deal with congestion issues in the areas around the school; they are available to do road patrol work if there is additional time in their shift; and in the summer, the officer do road patrol, homeowners presentations, and work in
Commissioner Pritchard inquired if the officers are in the schools for the entire day; with Ms. Barker responding that is correct. Lieutenant Paul Ring stated the school resource officers are in the schools from the beginning of the day until the afternoon, and then they to go to school crossing zones or heavy traffic areas. Commissioners Pritchard inquired if school is not in session do the SRO’s patrol the roads; with Lieutenant Ring responding some of them work the roads, some are in the office, and in the summertime they work Camp Chance or PAL programs. Commissioner Pritchard inquired since the majority of the officer’s time is spent in the school system, why does the School Board only pay half the salary for nine months and not all of it; with Ms. Barker responding with the contracts it is an industry-wide standard within
policing; and she has an argument against that. Commissioner Pritchard inquired why the School Board does not pay 100% of the salary for the nine months; with Ms. Barker responding it is a negotiated item. Ms. Barker stated the School Bard feels it is in a partnership with the Board of County Commissioners. Chair Higgs inquired by industry standard, does Ms. Barker mean the cities are paying the same relative ratio; with Ms. Barker responding she does not know that for certain. Ms. Barker advised she did not do the negotiations, but the contracts are basically the same for the cities and the County. Commissioner Pritchard stated if the SRO’s are spending the majority of their time in the school system for the benefit of the school system, then the School Board should be paying the majority of the salary. He inquired if all SRO’s have full certifications. Lieutenant Ring responded they are fully law enforcement certified; some of them have not been through the field training officer program, which is the training on the road; but they do receive training before going into the schools. Commissioner Pritchard inquired if the ones who are not trained cannot perform as a road deputy; with Lieutenant Ring responding they can. Commissioner Pritchard stated there is a concern in part of the community that the SRO Program has become a warehouse for the deputies who have not been able to become fully certified. Ms. Barker stated if the officer have not been through field training It is simply a timing issue; and FTO officers conduct field training. Commissioner Pritchard stated the better person is one who is versed in as many aspects of the community as possible.
Commander E. C. Smith stated part of the problem is not the ability to complete the program, but at the time they were hired to get them into the schools, obligate the School Board to its portion of the contract, and not enough field training officers to put them through the program. He advised that is one of the reasons some of them were put into the schools without the FTO training; since that time they have been trained as field training officers are available; and there are only three now who have not been through the program.
Commissioner Pritchard inquired for what purpose does the MSTU funding serve. Ms. Barker responded it is a tax that is levied on unincorporated residents for law enforcement services; it is restricted for community policing; it has previously been used for road patrol; and it was expanded in 2001 to add the school resource officers in the community policing function because they serve the schools in unincorporated
Commissioner Pritchard stated the MSTU pays for deputies. Ms. Barker advised road patrol deputies and school resource officers. Commissioner Pritchard inquired why it does not cover
hiring sergeants and lieutenants that are also a road patrol; with Ms. Barker responding because sergeants and lieutenants do road patrol, but also administrative functions. Commissioner Pritchard advised one of the things the Board hears all the time is that the Sheriff needs new vehicles; and inquired why the money is not used for vehicles. Ms. Barker responded there are 15 replacement vehicles funded every year within the capital base; that is in an effort to keep up the fleet in the MSTU; there is more of an issue in the General Fund that is a replacement; and there is always a need in both MSTU and General Fund, but there are 15 vehicles bought every year as a standard replacement. She stated those are all issues that can be negotiated during budget time; for the past several years the money has been used to fund deputies and equip them; going into 2004-05, if the millage rate and base were to stay the same because of deputies funded last year there is an opportunity to fund more things, whether that be capital or whatever; and the Sheriff’s Office makes a proposal, is in partnership with the Board, and it has to be a joint proposal. Commissioner Pritchard advised the MSTU can be
used for salary increases. Ms. Barker stated it supports all functions of current and existing deputies. Commissioner Pritchard stated it seems when Ms. Barker visits the Board she is always asking it to make administrative decisions; and it is not the Board’s place to make administrative or management decisions for the Sheriff. Ms. Barker advised the Board has to sign the grant. Commissioner Pritchard stated the Sheriff’s Office comes to the Board and asks for money or this or that, and he does not agree with it; and the Sheriff is supposed to e making the administrative decisions. Ms. Barker stated she is not asking for more money; the Sheriff’s Office feels it is its obligation to bring a possibility to the Board; and it has looked into its own budget and offered the Board a funding opportunity that will cost no more money. She noted the Sheriff’s Office has done exactly what the Board asked it to do; and inquired what could she do differently that would satisfy the Board. Commissioner Prichard responded options have already been provided whether it is road patrol deputies or SRO; if the Sheriff’s Office has different decisions it has to make about whether it will be road patrol, new vehicles, or SRO’s, he does not see why it comes before the Board with options, variations, or requests; he understands the Sheriff has a grant, but the Board’s concern is where is the money going to be three years from now to pay for the deputies; and while some on the Board see the value of the SRO program, he has not seen it. He advised he is concerned, based on the information he has received, that there may not be the value that many people tend to ring into it; it is an emotional item, but the principals and staff at the schools can handle discipline; and perhaps there is a way to deputize the gym teachers and have them do this type of work at the schools. Ms. Barker advised the Sheriff’s Office has brought forward a proposal and the deadline for the grant is May 17, 2004. Chair Higgs inquired when is the next grant deadline; with Ms. Barker responding she does not believe there is another one after that and the Sheriff’s Office does not expect to see the program again next year.
Commissioner Carlson stated there has been much discussion on the issue, and it will not cost additional dollars; but Ms. Barker did make the case that the Board can make a decision in three years time on buying deputies cars or funding the SRO’s. She stated what Commissioner Pritchard brought up is an important issue, and that is priorities; it may be the Board’s decision to say on the dotted line the dollars will go to the Sheriff, but it is truly the Sheriff’s position to tell the Board what the priorities are; she knows the discussion has been done before, and she understands priorities are based on where the money comes in; and getting addressed by the Sheriff is tantamount to making the Board understand how critical the need is for any of these things. She stated there has been discussion on law enforcement impact fees, so it is her hope
it can be balanced in terms of where the dollars come from. She stated whether or not the millage remains fixed at or above the 2004-05 tentative rate of 1.158, she cannot answer that, but hopes it can stay that way; and for that reason she will move the item.
Motion by Commissioner Carlson to approve application and acceptance of U.S. Department of Justice Grant for COPS in Schools Program. Motion died for lack of a second.
Commissioner Scarborough stated the Sheriff’s Office comes before the Board repeatedly; the Board has been accommodating in trying to bring forth monies even though they were not budgeted through the year; he was making the assumption that there were value judgments being made in the Sheriff’s Office as to what grants to go after; and the Sheriff’s Office never gets as much as it would like in the final budget analysis. He inquired was there a value analysis in the Sheriff’s Office as to this issue versus using the funds for other things. Ms. Barker responded when she had discussions with the Sheriff about his priorities, and then met with the Board to discuss what the Sheriff’s position was going to be, it was the Sheriff’s intention to work with the Board as it understood the issues with corrections officers; and the Sheriff’s position was the Brevard County Detention Center, which is not the Philip B. Williams Detention Center, and to fund items for the jail in the 2004-05 fiscal year. Commissioner Scarborough advised the jail cannot be funded with MSTU, so that is a totally different budget and issue; and inquired if there was an analysis in the Sheriff’s Office at staff level determining it was the best way to spend the $700,000 if there was not going to be any changes in the numbers; with Ms. Barker responding all she can say is the Sheriff did not intend to come forward with a request for additional deputies. Commissioner Scarborough advised if the Sheriff comes to the Board and says this is the best way to spend the money, he will support the Sheriff; he has no way to know what the Sheriff does; and it concerns him because he can only go with the recommendation of the person who has the knowledge. He stated if Ms. Barker is telling the Board the analysis was made and it is the best expenditure of it for health and safety then he will have to support it and not second-guess the Sheriff; and if Ms. Barker is saying the Sheriff just submitted it because there is an opportunity to capture money and there has not the been an analysis, he would like to table the item until Thursday night at the Zoning meeting so the Sheriff can give a recommendation whether he finds it the best way to expend the funds. He inquired if Ms. Barker wants the item to be tabled; with Ms. Barker responding she does not see a need to table it. Commissioner Scarborough inquired if this is the strong recommendation from the Sheriff to expend the funds in this manner, knowing it may preclude the expenditure of other things that may qualify under MSTU.
Commissioner Carlson advised one thing left out of the equation is it does not have to be funded afterwards after the 2004-05 budget. Ms. Barker stated it has to be kept for four years. Commissioner Scarborough stated the Board is looking at the one year, and even within the one year it is where the Sheriff wants to be. Commissioner Carlson stated it would be helpful if the Sheriff was present to see if he is really prioritizing it the way the Board would like to understand it.
Commissioner Colon advised she is uncomfortable trying to prioritize what is a priority in the Sheriff’s Office; and it is very simple to her, twelve officers protecting the community at large, or twelve officers who will be in a school. She stated she would pick the twelve officers to go out into the community; another concern to her is in order to accumulate over a million dollars it has
taken the Sheriff a couple of years to do that; and that means once the program is over there will not be the funds to continue it. Ms. Barker stated the Sheriff has been attempting to keep
the 5%, which is just like the Board attempted to do in its reserves. Commissioner Colon stated she is a huge advocate of the SRO’s; it works very well; and she has seen many pluses. She stated because the Board is talking about resource officers, there are certain personalities that go with that job; not everyone is made up to work community policing and students; in her District she was not able to do the community policing aspect she had talked about before; and does not want to table the item, and will not be supporting it. Ms. Barker stated she appreciates Commissioner Colon’s comments; and she hopes to continue to work with her in her District to get her a more satisfied response.
Dion Prince stated he is present to speak on the importance of a school resource officer in the elementary schools; the school is an extension of the overall community, and as a result real problems exists, such as fights, thefts, harassment, property damage, and family problems. He stated children from Pre-K through sixth grade bring those concerns and more to school each and every day they attend; the full-time presence of a resource officer addresses those concerns while providing a positive interaction with the students and facility; the school community provides an excellent opportunity for law enforcement to interact with young people; and it leads to limited school and community-related enforcement issues where police are called on. He stated the daily interaction with the students serves to reduce stereotypical views of police officers, and provide more positive approach to juvenile crime reduction within the community; and issues that a SRO face daily include patrolling the streets within the schools boundaries before and after school to ensure the students arrive and leave without a constant fear of reckless motorists, bullies, and sexual predators. He stated the SRO patrols the school campus providing immediate protection in the event of safety hazards and suspicious persons in and around campus; and it allows teachers to teach and the students to learn in a more secure environment. He advised the SRO addresses and enforces school truancy; and studies have shown when children are not in school they are prone to victimize the community. He stated the SRO works in the classroom, providing lessons on self-esteem, decision-making, drug and alcohol myths and realities, violence prevention, social skills, and conflict resolutions; being in the classroom and working with administration provides opportunities to talk with students and advise them of real life consequences on the issues that face them, such as batteries, assaults, vandalism, stalking, child abuse, and domestic violence; the SRO gives referral information and provides answers to questions parents have on community concerns and problems that arise from their children; the SRO defines community policing. He stated being involved in the lives of children for seven years, the SRO has a vested interest in the success of all students in the schools in which they are assigned; parents often approach SRO’s telling how much of an impact they have made in the lives of their children; and in his case nearly 1,800 children know him by name, and without hesitation green him with a smile or hug whenever and wherever they see him. He stated many of them tell him how glad they are that the SRO’s are at the schools providing a safe environment for them; they mention the fact they can depend on SRO’s to help with family and friend problems; the lessons learned from the SRO’s will be remembered by the children for a lifetime; and without the elementary school resource officers Brevard County loses seven years of guidance for the primary grade child. He noted without the guidance the child is
prone to experience the consequences of poor choices that lead to jail, prison, or an alteration of future career plans; the SRO’s, along with school staff, give the students information and tools to keep them from making bad decisions; a lot of what a SRO can do cannot be accomplished by patrol officers due to other duties that the officer must fulfill; and the SRO’s do not just provide a bandage to the problem, but help heal the wound.
Commissioner Colon thanked Mr. Prince and all the other SRO’s who go above and beyond; it takes a special personality to do the job; the person has to love children; and they cannot be shy.
Chair Higgs stated last year during the budget process the Board heard about the need for more road patrol deputies, cars, and radios regarding MSTU deputies; it heard concern about response times staying low and heard the need for keeping the ratio to citizens at a low level so there will be good response times; she heard the comment from Commissioner Pritchard about lieutenants and sergeants being funded out of the General Fund; and if the Sheriff were to shift those to the MSTU then there would be money freed up to use for the much needed corrections officers. She stated while she would like to fund the school resource officers, she could not in good conscience shift and make that commitment today without looking at all the other demands the Board has; that is why she did not second the previous motion, and cannot support a motion to approve it; and there will be another opportunity to look at it in the future.
Commissioner Carlson stated for the Board to prioritize it is silly, but the Sheriff needs to do that; from what the newspaper says, the Sheriff is prioritizing the jail issue and not the resource officers; and she would support transferring General Fund positions to the MSTU to free up some General Fund dollars so the Board can pursue some of what are the top priorities.
Commissioner Pritchard stated the patrol sergeants and lieutenants need to be funded from the MSTU; the whole purpose for the MSTU is to pay for the service; and there are people who are performing the service and being paid out of the General Fund. He advised the Board can allocate the resources better and put them into the jail where there is a need; one of the deputies mentioned the SRO providing guidance; and inquired whatever happened to parents. He stated he does not like to make management decision for the Sheriff’s Office, and it is not the Board’s job. He advised he cannot support effort.
Chair Higgs inquired if there is a motion to approve the item. No comments were heard. She advised since the Board did not make a motion, it will move on to the next item.
ACKNOWLEDGE RECEIPT AND AUTHORIZE CHAIR TO EXECUTE FINANCIAL REPORT,
RE:
FISCAL YEARS ENDED SEPTEMBER 30, 2003 AND STATE OF
LOCAL GOVERNMENT FINANCIAL REPORT FOR FISCAL YEARS 002-03
Motion by Commissioner Pritchard, seconded by Commissioner Carlson, to acknowledge receipt of the Brevard County Comprehensive Annual Financial Report (CAFR) for Fiscal Year ended September 30, 2003; and authorize the Chair to sign the State of
CITIZEN REQUEST – JOYCE GRANT, RE: RENEW EXISTING CONTRACT AND APPROVE
FUNDING FOR FAMILY COURT RESOURCE ASSISTANCE
Joyce Grant stated several months ago she was before the Board regarding funding for family court resource assistance; she is a child support resource officer; she has been doing the function in
Commissioner Pritchard stated he spent the better part of a morning listening, observing, and getting a feel of what Ms. Grant does; it is eye opening to see the amount of work that goes into
the result, which is those folks either pay or go to jail; drivers licenses are revoked; and one of the men who appeared that day was hitchhiking down U. S. 1 after he left because he did not have a license. He stated it is one of the most effective programs he has seen operated in the County; the budget is $55,000, and it brings a return of $675,000; Commissioner Scarborough always talks about the ancillary effect of not doing something; and what Ms. Grant is doing is very effective. He stated the General Master who was present spoke very highly of what Ms. Grant is doing and how effective the program is; Court Administrator Mark Van Bever speaks highly of the program, but does not have the money to fund it; and he hopes the Board can find the funding to see that the program does continue.
Commissioner Carlson inquired if Ms. Grant has exhausted all avenues in terms of funding; with Ms. Grant responding there is no funding. Ms. Grant advised she was told to come before the Board; the last time she was before the Board she discussed a bill that Mr. Altman was presenting; and there would be some revenues coming out of additional fees tacked on to marriage licenses. She stated there is an effort to generate some additional funds; there are
grant opportunities out there; the service is a prototype; and that is why she was not placed in the State budget because there is nothing like this available. Commissioner Carlson inquired if Ms. Grant is providing a return on the investment of her position, why would Courts Administration say it would be a percent of whatever money comes in; and if the money was not going to be there in the first place why could that not be partially what funds the position. Ms. Grant responded it is child support payments. Commissioner Carlson stated dollars are coming in that the courts say needs to be collected. Ms. Grant advised the court has not said she needs to collect the money. Commissioner Carlson stated she is saying the individual who owes the money to the courts needs to pay it; Ms. Grant is making sure it is paid through her resource position; and if a person does not pay it, but is paying it because of Ms. Grant, why does the court not feel the position is important. Ms. Grant responded she cannot speak to why anyone does anything; there is money collected from people who have never paid support but now does pay because they have to deal with the Pay or Appear Program; and from the courts point of view if the Pay or Appear Program was no longer available, it would go back to the old remedy, which is incarcerating someone who is not paying or letting them go.
County Manager Tom Jenkins inquired if there is any way a surcharge could be added to the child support payment; with Ms. Grant responding those are State cases already, and there are fees and costs never recovered. Ms. Grant stated 66% are federal matches to 33% which is State; most of the clients are State clients that no one would be willing to assess another fee onto the State; and if the Board can help or direct her, she is willing to try. Mr. Jenkins advised it would be up to the judge to do it if the judge has the authority to do it.
Commissioner Carlson advised Court Administrator Mark Van Bever is present; and requested he come before the Board to explain the situation. Mark Van Bever stated Joyce Grant has done a great job with the program; it has made a big difference in the area of child support enforcement; and he supports the continuation of the effort. He stated the funding source was
lost with changes in Statutes; several years ago an add on to the traffic filing fee funded Ms. Grant’s position and was paying the debt service at the Moore Justice Center; it has now gone away; and the court does not have the funding source to fund Ms. Grant’s effort. He stated he would like for the job to continue; but there is no funding source for it. Commissioner Carlson stated many of the cases Ms. Grant deals with are State or federal type cases. Mr. Van Bever advised they are cases that are in the State courts system; the judge would not have the authority to add any fees; the new Statutes are very strict in what is allowable to be charged; and the judge is not given any discretion other than what is specifically mentioned in the Statutes. He stated court add-on costs are going to fund the court operations of the Clerk of Courts.
Mr. Jenkins stated if the judge had the authority to put a surcharge on for Ms. Grant’s services on the support services payments, it could go to the courts and the courts can find the program. Mr. Van Bever stated if there was the authority to assess the fee and have the courts or the County keep the fee then that could happen.
Commissioner Colon stated she was under the impression the last time it came before the Board that it voted in support of the funding. She stated she is sure Ms. Grant does her job very well, but people need to stop thinking the Board has a bag of money; even though Mr. Van Bever wants to help Ms. Grant, there is no money to fund her position; the Board is asked throughout the year for money time and time again; and the Board should tighten its belt. She
stated no matter how great the program is, the Board has a responsibility to keep its word; no matter how good the program is, she has been steadily saying no to whoever comes before it asking for money; and she should be forced or even asked to support a budget that she did not inflate. Mr. Van Bever advised he fully understands; the courts get 100% of its funding either through the Legislature or the Board; and now there are difficult times.
Commissioner Scarborough advised if Commissioner Pritchard will make a motion to approve the item, he will second it; there are many things that are happening that the Board does not have control of; there are certain programs that are beneficial to people and will impact society negatively if they are not working; looking at the demographics and numbers, and ages of single women who have children, those are not the wealthy in the community; and it goes beyond numbers. He stated he has no problem with this item; it will touch those who need it the most; it will be done in a cost-effective way; and if the Board does not do this society will somehow pay.
Commissioner Pritchard stated he always looks at what the net result of something will be, and the net result of this is extremely positive; other folks may make requests and may fall on deaf ears, but in this situation, he has seen what is done and it is money well spent. He inquired if it is $55,000 or $60,000 Ms. Grant is requesting; with Ms. Grant responding when it was discussed she had hoped to expand the program and develop another level, which would be a kind of probation pay report or appear program, and develop the program further. Ms. Grant stated she is limited with the resources she has now; but she can work with a $55,000 budget;
but if she were permitted to increase the budget she would develop the program so it would be more cost effective and produce better results; and with the relationships with Court Administration and Department of Revenue that have developed over the years, they would be willing to take the program to another level designed to increase collections, streamline court operations, and hopefully free up some jail space. Commissioner Pritchard inquired if the second phase of the program’s something Ms. Grant could develop over the course of six to twelve months, and come back and show the Board what the return on the investment could be; with Mr. Grant responding absolutely.
Mr. Jenkins advised the Board needs to do it for one-quarter because a new fiscal year begins October 1, 2004. Commissioner Pritchard inquired if the one-fourth of the $55,000 would be taken out of Contingency; with Mr. Jenkins responding the General Fund Contingency. Mr. Jenkins stated the Board will address it during the upcoming budget year, and will be looking at what effect Article V will have on the County.
Motion by Commissioner Pritchard, seconded by Commissioner Scarborough, to approve request from Joyce Grant, Court Resources, to renew existing Contract for Family Court Resource Assistance, which operates and manages the Child Enforcement Pay and Appear Docket; and approve one-fourth of the $55,000 in funding from General Fund Contingency. Motion carried and ordered unanimously.
CITIZEN REQUEST – GLEN J KEMP, RE: SARNO LANDFILL SITE
The Board took no action on request by Glen Kemp concerning various issues with the Sarno Landfill site, as Mr. Kemp was no present at the meeting.
MEMORANDUM OF AGREEMENT WITH DEPARTMENT OF TRANSPORTATION, AND
CITY OF
OF A. MAX BREWER MEMORIAL CAUSEWAY AND BRIDGE
Thelma Roper stated she asked Commissioner Scarborough to pull the item so she could speak on it; she is aware of the condition and state of the bridge, and knows it needs to be replaced; in reading through the contract for the transfer, paragraph 8 disturbs her greatly because refers to the Titusville Fishing Pier; and her greatest fear is the Veterans Memorial status from that. She stated she has pointed out before it is a historic memorial fishing pier; it has been there since the 1940’s; it was made a memorial because six soldiers went off of it during World War II; and to withdraw the Veterans Memorial status by deleting the term in a contract disturbs her. She noted having a Veterans Memorial status gives the area greater protection; the Max Brewer Causeway at one time was actually the Veterans Memorial Causeway; and there was a
dedicated plaque that was later moved to the
Walter Pine stated the Memorandum of Agreement refers to the Veterans Pier as the Titusville Fishing Pier; the Pier is a dedicated veterans memorial and is the Titusville Veterans Memorial Fishing Pier; by failing to use the proper name in the Contract, the Titusville Veterans Memorial Fishing Pier would not be afforded the same protection and respect due a memorial; and changing the name and designation of the pier in Titusville to anything other than the Veterans Memorial dishonors the memory of fallen servicemen, shows a disregard to servicemen in a time of war, and violates the law. He noted the Memorandum of Agreement should not be adopted or approved until thoroughly reviewed and corrected to properly preserve the memorial and reflect the reverence, sanctity, and solemnity due a veterans memorial; there is more than one veterans memorial involved; and there are three; the causeway itself, the Gold Star Mothers Memorial, which has recently been defaced and the plaque stolen, and the Pier itself. He requested the Board consider when it creates documents that the language of those documents specify they are memorials; memorials are handled differently and afforded different protections than average pieces of property; there is additional funding and leeway to some degree available for those; and it is important to maintain the history. He stated the Veterans Memorial memorializes the history of the servicemen and those who have given their lives and service to protect government; people owe them respect and honor to make sure documents are written to protect and preserve their memory and sanctity they deserve; and the document needs to be further reviewed with proper language added.
Commissioner Scarborough stated some years back the State gave the Causeway and Bridge to
of language that Mr. Pine and Ms. Roper have suggested; and since it is just referencing a document, as long as the reference is intact, he does not see a problem. He stated the first sentence of paragraph 8 reads, “The Department acknowledges that the City and the County have previously entered into a lease”; and the rest of it will read as follows: “Regarding the Historic Veterans Memorial Titusville Fishing Pier”.
Motion by Commissioner Scarborough, seconded by Commissioner Pritchard, to adopt Resolution authorizing the transfer of A. Max Brewer Memorial Bridge and Causeway; execute Memorandum of Agreement with Department of Transportation and City of
for Memorandum of Agreement, Resolution No. 04-089, and
PUBLIC COMMENT – WALTER PINE, RE: SCOTTSMOOR HOMEOWNERS FOURTH
OF JULY FIREWORKS CELEBRATION AND CHARTER REVIEW COMMISSION
Walter Pine distributed a letter to the Board from the Scottsmoor community, but not the Clerk; stated they are seeking funds for the Fourth of July and were not previously award the funds were available; Parks and Recreation has supported Titusville Chamber of Commerce and some of the other cities; and it is important that all of the communities are supported in those activities. He requested the Board extend to Scottsmoor the same financial support extended to other communities for the Four of July celebration. He stated he watched the last Board meeting and was disappointed by some of the comments; the CRC is currently meeting; there are three methods for citizens to bring issues to the Board, by petition, by CRC, or by bringing the issues to the Board directly; and he was disappointed to hear comments that any Commissioner would eliminate one of those avenues for recourse, especially when the issues such as truth and accountability in government are being rejected by the CRC, and issues of open and full public disclosure of public documents are being rejected by the CRC. He stated those issues are important to the integrity of government and to people being able to have trust and confidence in government; those are the basis of government; truth and accountability in government is the basis of good and proper government; and if the people cannot establish and codify those necessary processes for such accountability, which do not currently exist, then there is a real problem. He stated those issues will be brought before the Board; other people will be bringing issues before the Board; and he encouraged the Board to consider each submission fully and completely upon its merits. He stated he would appreciate the opportunity to bring those two issues before the Board.
Commissioner Pritchard inquired what type of celebration are the people of Scottsmoor wanting to have for the Fourth of July. Mr. Pine responded because Scottsmoor is in a wooded area, there are no fireworks like on the river, but there is a park, and they have the same community activities. Chair Higgs advised the information will be given to Parks and Recreation Director Chuck Nelson for his consideration.
PUBLIC COMMENT 0 THELMA ROPER, RE: CONTRACT WITH MASH HOAGIES,
SCOTTSMOOR HOMEOWNERS FOURTH OF JULY FIREWORKS CELEBRATION,
OUTDOOR MUSTIC ORDINANCE, AND GOLDSTAR MOTHERS PLAQUE
Thelma Roper stated she was glad to see in the Contract with Mash Hoagies there was a clause that dealt with how the employees interacted with the public; she has been in Mash Hoagies a few times when at least one person has been short with the public; she does not like the fact there is a reserved table in there on board meeting days; and the table should be not be reserved. She encouraged the Board to help the Scottsmoor Homeowners Association with the Four of July fireworks celebration. She stated she is concerned about the Outdoor Music Ordinance; it should be done away with and hopes the Board will do that; the ordinance is selectively enforced; and it causes many problems for
PUBLIC COMMENT – DOLORES KANE, RE: DIMINISHING WILDLIFE HABITAT
Dolores Kane distributed maps to the Board, but not the Clerk. She stated she is referring to Item VI.C.1 regarding the process for diminishing wildlife habitat; one part of it talked about the corridor system; and the idea behind having corridors is that half of the country will be in the core areas with no human habitat. She noted one-fourth of it will be buffer zones for hiking and things; the other one-fourth will be enclaves of human habitat; the habitat calls for core reserves for large mammals; it would require 242,000,000 acres for grizzlies, 200,000,000 for wolverines, and 100,000,000 for wolves; and that is 542,000,000 acres of core reserves. She stated that means no roads and no human habitat; and everyone saw what happened with the fires when the roads were removed in the national forest. She stated the corridors would be connected; it sounds like a top-down management instead of bottom up; and the last time she heard the
Upon motion and vote, the meeting adjourned at 1:32 p.m.
ATTEST:
_________________________________
TRUMAN
BOARD OF
___________________
SCOTT ELLIS, CLERK
(S E A L)