MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

April 5, 2007

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 5, 2007 at 5:01 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, Mary Bolin, and Chairperson Jackie Colon, Assistant County Manager Mel Scott, and Assistant County Attorney Morrison Richardson.

 

The Invocation was given by Reverend Rick McConn, Good Shepherd Wesleyan Church, Satellite Beach, Florida.  

 

Commissioner Voltz led the assembly in the Pledge of Allegiance. 

 

 

 

Commissioner Scarborough stated on Tuesday, April 10, 2007 the Board will be receiving the Small Area Plan for Mims.  The community thought it appropriate to give staff recognition to say thank you at this time.

 

Fred Kusterer stated Comprehensive Planner Randy Hunt did a fine job on the Small Area Plan; it was a good experience working with Mr. Hunt; Mr. Hunt took leadership when he needed to, and let the citizens take leadership when needed.  He noted he hoped the Board has more employees like Mr. Hunt.

 

Commissioner Scarborough stated he also has letters from Debbie Day and Laurilee Thompson expressing their thanks.  He noted what has occurred with the Small Area Plan is miraculous; not only has the community found direction, it found a new purpose and a means to looking to the future in a positive way. 

 

Randy Hunt, Comprehensive Planner, stated the Small Area Plan was a group effort by many County Departments, and he would like to mention those departments for the record.  He stated he would like to thank Dick Martens and the Utility Services Department, Ernie Brown and the Natural Resources staff, Mike Knight and the EEL’s staff, Gay Williams and the Housing and Humans Services staff, Barbara Meyer with MPO, Terry Lane of the North Brevard Parks and Recreation Department, Cathy Schweinsberg of Library Services, Robin Sobrino of Planning and Zoning, and Commissioner Scarborough and his staff. 

 

 

 

Assistant County Manager Mel Scott stated the April 9, 2007 date the Board established for the joint meeting with the Town of Malabar on the MSTU issue cannot take place due to conflicts with the Town of Malabar Council members.  He noted the County Manager’s office has identified   with   the  Town  of  Malabar   that   the  April  25, 2007 date would work for the Town

Council; however, only four County Commissioners could attend the meeting.  Mr. Scott advised if the Board does not want to meet on April 25, 2007, then it will need to extend the 30-day deadline another 30 days so that staff can work with the Town Council’s agenda and the Board of County Commissioners’ agenda to find something as soon as it can, as close to April 25^th as possible.

 

Commissioner Voltz stated the date of April 25, 2007 will be fine; the Board needs to move forward with the issue; and four Commissioners are able to make a decision if the Commissioner who cannot make the meeting is not offended by the fact that the Board will have a meeting without him or her. 

 

Mr. Scott stated the meeting will take place on April 25, 2007 at 7:00 p.m.; and he will report to the Board on the exact location of the meeting.

 

 

Chairperson Colon inquired if the Board had an opportunity to review the letters the EDC would like the Board to send to Senator Bill Nelson and Senator Mel Martinez requesting support for the Kennedy Space Center.

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to authorize the Chairperson to send letters to Senator Bill Nelson and Senator Mel Martinez, on behalf of the Economic Development Council, requesting assistance in supporting Kennedy Space Center as the Nation’s primary explorer of space.  Motion carried and ordered unanimously.

 

 

ITEMS TABLED OR WITHDRAWN FROM AGENDA

 

Zoning Manager Rick Enos advised Item VI.A.1. is requested to be tabled to the August 2, 2007 Board of County Commissioners meeting; Item VI.A.2. has been withdrawn; and Item VI.B.4. was tabled by the Planning and Zoning Board to the August 2, 2007 meeting.  He noted Item VI.A.3. can only be considered if Item VI.D. is approved; and the Board will need to hear Item VI.D. before Item VI.A.3. 

 

 

Chairperson Colon called for the public hearing to consider tabled items, as follows:

 

VI.A.1. (Z0604104)  Hilltop Holdings, LLC and Mohan and Shereen Ramkissoon’s request for a change from AU to RR-1 on 19.5 acres, located north of Main Street, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item VI.A.1. to the August 2, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

Chairperson Colon called for the public hearing to consider recommendations of the Planning and Zoning Board of March 5, 2007 and the North Merritt Island Dependent Special District Board of March 8, 2007.

VI.B.1. (Z0703201)  Winifred H. Stout’s request for a change from BU-2 and AGR to all AGR on 8.47 acres, located east of Cox Road, and north of Lake Drive, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.1. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.B.2. (NMI70301)  Merritt Island Venture, LLC’s request for a Small Scale Plan Amendment (07S.7) to change the Future Land Use from PLNIP to CC and a change from PIP to BU-2 on 6.28 acres, located on the southeast corner of Smith Road and North Courtenay Parkway, which was recommended for denial by the North Merritt Island Dependent Special District Board and recommended for approval by the Local Planning Agency. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.2. with a Binding Development Plan limited to two accesses only, S.R. 3. and Smith Road; a 50-foot setback from S.R. 3, and to meet the criteria for the Courtenay Corridor Study for landscaping; and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan, setting forth the seventh Small Scale Plan Amendment of 2007, 07S.7, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E), entitled The Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing a severability clause; and providing an effective date.  Motion carried and ordered unanimously. 

 

 

VI.B.3. (Z0703101) Crystal Lake RV Park, Inc.’s request for a Small Scale Plan Amendment (07S.5) to change the Future Land Use from Residential to Neighborhood Commercial, and a change from AU & BU-1 to RVP, on 8.3 acres, located east of I-95, north of Stuckway Road.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve Item VI.B.3. as recommended by the Planning and Zoning Board; and adopt an Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County, entitled “The 1988 Comprehensive Plan”, setting forth the fifth Small Scale Plan Amendment of 2007, 07S.5, to the Future Land Use Map of the Comprehensive Plan; amending Section 62-501 entitled Contents of the Plan; specifically amending Section 62-501, Part XVI (E) entitled The Future Land Use Map Appendix; and provisions which require amendment to maintain internal consistency with these amendments; providing legal status; providing  a severability clause; and providing an effective date.  Motion carried and ordered unanimously.  

 

 

VI.B.4. (Z0703102) Jesse A. Atkins and Frances T. Atkins’ request for a Small Scale Plan Amendment (07S.6) to change the Future Land Use from Residential 4 to Community Commercial, and a change from GU to BU-1 on .43 acre, located east of Grissom Parkway, north of Port St. John Parkway.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to table Item VI.B.4. to the August 2, 2007 Board of County Commissioners meeting.  Motion carried and ordered unanimously.

 

 

VI.B.5. (Z0703103) Ivan G. and Brenda T. Fox’s request for a change from AU to RU-1-13 on .18 acre, located east of Spikes Lane, south of Canaveral Groves Boulevard, which was recommended for approval by the Planning and Zoning Board.

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.4. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

VI.B.6. (Z0703104) Shirley Lee Butler’s request for a change from AU to TR-2 on .92 acres, located west of Railroad Avenue, west of U.S. 1., which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.6. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.

 

 

VI.B.7. (Z0703401) SRK Viera Village Associates L.P.’s request for a CUP for Alcoholic Beverages for On-Premises Consumption (beer & wine only) in a PUD zoning classification, on 11.22 acres, located west of Murrell Road and south of Mission Bay Circle, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Item VI.B.7 as accessory to a restaurant.  Motion carried and ordered unanimously.

 

 

VI.B.8. (Z0701101) Charlotte J. Walker and Jimmie L. Walker, Trustees’ request for a change from AU to IN(L) on 2.17 acres, located east of Old Dixie Highway, north of Jay Jay Road, which was recommended for approval by the Planning and Zoning Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.B.8. as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.  

 

 

Chairperson Colon called for the public hearing to consider ordinance amending Chapter 62, Article X, Division 3, entitled Surface Water Protection.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article X, Division 3, Code of Ordinances of Brevard County, Florida, relating to Surface Water Protection Regulations, specifically amending Sections 62-3661 Definitions and 62-3668, Class II waters, Outstanding Florida Waters, Aquatic Preserves, Conditionally Approved Class III Shellfishing Waters and Class III Waters; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed and an effective date.    Motion carried and ordered unanimously. 

 

Chairperson Colon called for the public hearing to consider ordinance amending Chapter 62, Article VI, Section 62-1937, Marinas; Article X, Division 3, Section 62-3661, Definitions; and Section 62-3666, General Provisions, Surface Water Protection.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article VI, Code of Ordinances of Brevard County, Florida, relating to Zoning Regulations, specifically amending Section 62-1937 Marinas; Article X, Division 3 Code of Ordinances of Brevard County, Florida, relating to Surface Water Protection Regulations, specifically amending Sections 62-3661 Definitions and 62-3666 General Provisions; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed  and an effective date.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon called for the public hearing to consider ordinance proposing amendments to Wetlands Protection and Land Alteration Code addressing impact to incidental anthropogenic (man-made) wetlands during abandoned mined lands reclamation.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Nelson, to consider proposed amendments to Wetlands Protection and Land Alteration Codes addressing impacts to incidental anthropogenic (man-made) wetlands during abandoned mined lands reclamation; and move the proposed ordinance forward to the second public hearing scheduled for the April 24, 2007 meeting.  Motion carried and ordered unanimously.

 

 

VI.A.3. (0605303) San Sebastian Holding, Inc.’s request for a CUP for a Commercial/Recreational Marina, and a CUP for Alcoholic Beverages for On-Premises Consumption in a BU-1 zoning classification on 2.81 acres, located south of Main Street, west of U.S. 1.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve Item VI.A.3., as recommended by the Planning and Zoning Board.  Motion carried and ordered unanimously.  

 

Chairperson Colon called for the public hearing to consider ordinance proposing amendments to Brevard County Land Development Regulations to facilitate development of affordable/workforce housing in unincorporated Brevard County.

 

Chenita Joiner, Housing and Human Services Department, stated this is the second of two public hearings to receive public comments on the proposed ordinance.  She advised the ordinance provides incentives to developers to support the development of affordable and workforce housing within the unincorporated areas of Brevard County; incentives under the ordinance are the permit fee refund utilizing existing grant dollars, utilitization of the existing Transportation Impact Fee Deferral Program, density bonuses within limited areas, technical assistance from the Affordable/Workforce Housing Team, incentives for mixed-use developments, transfer of development rights, the establishment of a housing trust fund and a County-recognized lands trust, conveyance of County-owned surplus land, and use of accessory dwelling units.  She stated the ordinance has been revised since the first public hearing, based on comments and directives received during that hearing; the revisions are underlined for the Board’s recognition; and they have been endorsed by the Affordable Housing Task Force and the Affordable Housing Council.  She advised it is important to remember this is only the beginning of a process to bring about affordable housing development within Brevard County; all incentives within the ordinance are meant to complement each other, but most work independently of each other; therefore, if it is the direction of the Board to continue to research part of a particular incentive, the ordinance can move forward in a modified form; and the incentive of concern can be brought back to the Board at a later date for review and possible adoption.  She noted staff believes the adoption of the proposed ordinance, even in a modified form, is a big leap forward; and most importantly, it provides direction for development community as staff moves forward to provide affordable and workforce housing within Brevard County.

 

Maureen Rupe stated she is an advocate for affordable housing, but she is concerned the proposed ordinance will not help the problem.  She noted the ordinance states that it overrides all other land development Ordinances, which include insufficient roads, schools, and environmental concerns.  She stated the impact fees are removed or reimbursed, which she supported when the impact fees were requested, but the proposed ordinance raises the density tremendously, creating more traffic or lowering County revenue to deal with the road problem; and the County still has not come up with a solution for the problem and this will only complicate the problem.   She stated the Cities are a large representation on the Task Force; while the ordinance is not applicable to the Cities, it will use areas near the Cities, which she feels will be an invitation for City sprawl; the Cities will take over the tax base, leaving the County to maintain the roads; and there are large areas in the County where this has already happened.  She noted the State’s plan to eliminate property taxes may alleviate some of the problem; and if the County revenues are lowered 20 percent to 30 percent by the State, the insurance rates will go down, and it will make housing more affordable.  She inquired how the ordinance will affect those citizens on the brink of a foreclosure.  She stated she would like to see the ordinance have some more input;  she did  not see anyone on the Task Force representing the public in the areas that are going to be affected; and the only public representative was an elected official from the Port Authority. 

 

Malcolm McLouth stated he is an appointee of the Governor on the East Central Regional Planning Council; he is pleased the Board has obligated itself to pass an ordinance of this nature; it is a difficult problem regionally in terms of workforce housing; it is a serious problem; and there is a perception among the public that they do not understand that the workforce housing is for the teachers, sanitation workers, firemen, and others.  He stated the County needs the ordinance, but it is a regional problem, and he is pleased the Board has taken a positive action to address it; and recommended the Board pass the ordinance.

 

Evelyn Morrison stated she is in support of the ordinance.  She noted when she first came to Brevard County as a realtor, she saw there was not an inventory of housing that would deal with the people who live and work in Brevard County; she worked with clients who were out of state investors, saw how the purchase price was driven up, and wondered what was in Brevard County to help those people who live and work there who are entry level professionals; and in talking to elected officials, everybody was on the same page.  She stated as a member of the Planning and Zoning Board, she saw many developers come in with high-end developmental projects that did not include the people who live and work in Brevard County; and her question to the developers was always if the projects were affordable.  She noted the proposed ordinance opens the door for developers to look at a different line of profit, looking at the profit of investing in the community as a whole, not just those persons in a community who have a higher income; and the ordinance allows for senior citizens to have fair and affordable housing that they are going to be able to live in with fresh and new ideas and fresh and new development.  She stated as a property manager she found that a lot of the housing stock is in a disadvantaged position with mold and environmental conditions; and there will be new housing with fresh environments for senior citizens.  She stated the proposed ordinance also gives an opportunity to single mothers to have new housing that is affordable and located centrally.  She stated the Board and the Housing and Human Services staff put in man hours and passion and came up with a nice piece of legislation to recommend to the Board to make this happen; and requested the Board approve the proposed ordinance.  She stated she hopes the proposed ordinance will usher in fair housing legislation; and once affordable housing is in, the County has to make sure that it is fair by law and that everybody has an equal opportunity in fair housing.  She commented on the swiftness of staff to put together the proposed ordinance; and stated she hopes it will benefit all of the citizens in Brevard County.

 

John Saxton stated his profession allows him to work with professionals in affordable housing, and he is also a member of the Brevard County Affordable Housing Council.  He stated he brings to the Board the perspective of the needs of the developers and their concerns to make affordable housing available; and he is aware of the financial limitations that the County has in that there is only so much money to go around.  He noted staff should be commended for putting together a  fine document;  staff has looked at all aspects and has taken comments from

many people involved; at the first reading, comments from the Board were put into the document;  and  he   hopes  the  Board  will  approve the ordinance.  He stated there is a strong need for affordable housing in the area; developers are going to go where it is feasible to do what they are trying to do; land is expensive; building materials and labor are expensive; and he commends the County for stepping forward and doing its part to help make it happen.  Mr. Saxton stated the proposed ordinance is a living document because it can be tweaked; if changes need to be made, they can be done; and he applauds staff and the Board of County Commissioners for the speed in which they are considering it.

 

Susan Baiocco stated she is the Chairman of the Affordable Housing Council, and she has been a member since 1993.  She noted over the years the Council has dealt with down payment assistance, special needs rental housing, owner repair and rehab, utility and security deposits, and hurricane repair and replacement; and the Council looks forward to the opportunity to work with the Commission, the Affordable Housing Task Force, and Housing and Human Services Department staff, on the important issue of developing affordable workforce housing through the proposed housing ordinance.  She noted until the recent spike in real estate, what the Council was producing with its down payment and rental assistance project was having a marked impact on the affordable housing units created; however, the numbers have dramatically been reduced by 70 percent due to the drastic cost increases.  She noted the Council previously helped 60 people a year, and is now down to 18 people a year. She advised when it first began in 1993, the Council’s assistance was a maximum of $5,000 to help people get into a home; and to help someone get into a home now, the Council has to fund $45,000, which is the maximum.  She stated when the Council met last May for the Affordable Housing Workshop, the Commission requested the Housing and Human Services Department create an Affordable Housing Task Force comprised of various representatives of the community to review the current policies and identify solutions that support housing production in the unincorporated areas of Brevard County; and the Board’s reason to request this was so that the Council could recruit and retain law enforcement, teachers, and firefighters to enhance the quality of life for the citizens it serves.  She noted after numerous hearings and input from the Affordable Housing Task Force, the Local Planning Agency, builders, contractors, advisory committee, and the Affordable Housing Council have all crafted the proposed ordinance that gives the opportunity to move in a new direction by forging partnerships with a private sector using voluntary ordinances, which proposes incentives and strategies to create a variety of affordable housing units.  She stated the proposed ordinance will enhance and encourage partnerships between the private and public sectors by creating an affordable workforce housing team, which will provide an appropriate and experienced staff to make it happen by bringing the proposed incentives along with the SHIP funds and local trust funds, which will allow the incorporation of affordable housing units alongside of market rate units; and with proper design and management, no one will know the units are affordable.  She noted the proposed ordinance encourages the establishment of a community land trust to keep housing affordable for longer periods of time, if not indefinitely; and the proposed ordinance will allow for Transportation Impact fees, deferral, mixed-use development, permit  fee refunds, and density bonuses using non-conforming lots for

in-fill and use of surplus properties, giving the private developer additional incentives to work with the County to provide affordable workforce housing for the citizens of Brevard County.   Ms. Baiocco noted  the proposed  ordinance  will  attract teachers, safety forces, bank tellers, and service personnel; at the meeting in March, the Affordable Housing Council unanimously approved and endorsed the proposed ordinance.

 

Michael Myjak stated the statements made by previous speakers are negative and need to be brought forward.  He stated he believes there needs to be some form of affordable housing; there needs to be a society integrated as a whole; and it cannot be done with the kind of zoning there is today, where everything is a mono-culture of one type or another.  He stated integrating small areas of commercial with planned neighborhoods is a good thing; to write off PUD’s and RPUD’s as something that is a negative is not true; and inquired if application fees, permits fees, and land use fees are continued to be waived, then who pays those fees.  He stated the work is still being done, hours are still being expended, and the taxpayer is paying for it.  He stated the people who move into the affordable and workforce housing still require the same kind of services as everyone else; the people who move into those homes still have to cover the extension of the roads to service those areas; and that is what Transportation Impact fees are supposed to cover.  He stated density bonuses on top of the Transportation Impact fees further exacerbate the problem, because more people are being thrown onto a dilapidated infrastructure because the use is being expanded.  He noted application fees, permit fees, and Transportation Impact fees have to be covered; and density bonuses should not be used.  He advised he knows a lot of work has been done, but it has to somehow be tied to the Fishkind Study, and to be tied to a balance of where the average is; stated what is affordable should be some percentage of what that neutral mean value is through the Fishkind Study; and when a PUD is put together there is a balance of different housing types and it is somehow drawn back to the Fishkind Study value.  He noted he does not have a problem with the rest of the ordinance, but he does have a problem with trying to barter money from the other citizens of the County to pay the down payment to lower the cost of the housing, because it is not the developer who is paying it. 

 

Anna Grohl stated she is on the Affordable Housing Council and she works with people with disabilities in helping them to stay independent in their own homes.  She noted the biggest barrier is the lack of affordable housing; and the Council supports the proposed ordinance and hopes the Board will support it also.

 

Gay Williams, Housing and Human Services Director, stated the fee waivers would be paid from funds that the County receives through the SHIP funding, housing funding that would be set aside so staff can use it as an incentive, as well as the down payment assistance; and that is what those are used for.  She noted staff has included a location evaluation matrix and a needs analysis; staff believes that will address any concerns in that manner as well as speaking to and ensuring that staff is not over-utilizing, but staying in line with the need and where these are being placed, not only how they would look in the area that they are being placed in.  She stated

as to public input, staff believes there was a very good mix of individuals; the Board directed that there be inclusive input on the ordinance and there was a wide variety of persons who attended the meetings at all times; staff  did seek out and speak to any persons who brought up questions as well as concerns; and as concerns were brought forward, staff made time to speak directly to those concerns. 

 

Alan Woolwich, Community Planner, Housing and Human Services Department, stated one comment made this evening was about concurrency; but the ordinance, as drafted, does not exempt in any way a project development scenario as to whether it is going to have an as-of-right density bonus or a density bonus that might be awarded with a PUD that the Board would approve, using its discretion.  He noted if there are level of service issues on roadways, school capacity, or any of the things the Board would normally look at under a concurrency scenario, those things would still apply to the proposed development; there is no concurrency exemption under the proposed ordinance; and those things would have to be taken care of if that development scenario was to go forward at that location, which is what is done for any site plan or any other development review approval.  He stated the funding from the building permit fee scenarios that would go to the developers are from the existing housing programs and from additional funding that will be established that will be utilized from the established Affordable Housing Trust Fund, which is a part of the ordinance.  He noted the density bonus is only applicable to new development scenarios that are done in future land use categories of six units per acre and greater; if a development wants to exceed the existing future land use map by 25 percent, it is allowed for PUD’s upon Board approval; and that is limited to development scenarios that are in future land use and zoning categories that are six units per acre and greater.  He added the ordinance incentives do not apply to the low density areas in the County, the barrier islands, or any of the coastal hazard areas; there is no incentivizing in the rural areas; there is no incentivizing development using this process in vulnerable areas and coastal hazard areas; and it is being incentivized in the areas that have some base of density already near infrastructure.  He noted as to the Fishkind Study and the methodologies used in evaluating housing ratios and mixes of uses, when CPUD’s are done, there will be the ability to do those types of things and make those analyses and calls as they come up in the future. 

 

Chairperson Colon stated the accessory dwelling was an issue discussed in her office; she has concerns with Section 62-6301; and the Board has had this issue before Zoning, and it has been very careful of the kind of Pandora’s box that would be opened.  She noted anything of concern in the ordinance, the Board can take out and in the future it can give the kind of direction it needs.  She added another concern for budget time was the position that was asked for; the Board has been trying to watch its dollars; staff has done a good job of lobbying for that position because it feels it is necessary; and that is something that will be looked at during the budget process.

 

Commissioner Voltz stated the only problem she has with the proposed ordinance is the accessory dwelling unit on a quarter-acre lot; quarter-acre lots are too small to have an accessory dwelling unit attached  to it; and the Board needs to move forward with the ordinance,

and if there are issues it runs across, they can be addressed as they come up.  She commented on it being a good ordinance; and stated she agrees that the Board should hold off on the position. 

 

Mary Hillberg stated the residents of Brevard County are aware of the stresses on the real estate industry and understand that the instability has affected the community in many ways; while affordable housing is a wonderful goal and is very much needed, the strategies chosen to establish are critical to the future of the County, economically, and socially, as well as environmentally.   She  stated  in her opinion the proposed ordinance is premature action; in the volatile economic environment the following points are appropriate grounds to object to the proposed ordinance as it is right now; and some of it is fine, but other parts are not appropriate.  She stated to approve a Countywide ordinance that may negatively change the character of neighborhoods without proving public information and an opportunity for the public to voice their opinion is unfair; to render a structure affordable in perpetuity would make the owner unable to gain equity; and therefore, they cannot lift themselves out of the disadvantaged state that gave them the opportunity for affordable housing in the first place.  She stated to allow accessory dwelling units on quarter-acre lots destroys the character of communities, disrupts the intent of the zoning classifications, and renders County Code Enforcement unable to be utilized.  She noted the proposed ordinance may necessitate a reduction in services and quality of life for all of the citizens of Brevard County, and not just the sections that are affected; and the proposed ordinance may contribute to reducing the County’s credit borrowing capability as well.  She added to in-fill higher density areas instead of setting aside appropriate target lands for this purpose is a tremendous burden on the services for the residents; and it may be disruptive to the neighborhoods and actually diminish the quality of life for the people that are most in need.  She noted while the proposed ordinance is well intended, it may not be good for the people that it is being done for; and she would like to ask the Commission to look before it leaps.  She stated she understands the proposed ordinance may not directly affect barrier islands, but she feels all of Brevard County is at risk in many ways if the proposal goes forward as it is right now without further consideration. 

 

Michael Garo stated he is a developer in the area; he approached Mr. Woolwich and Mr. Dettra two years ago because he felt there was a crucial need developing in the County; he spent time with his friends who are teachers, policemen, and firemen, and their concerns with him were that they cannot afford a house; and a lot of his friends’ kids are graduating from college and do not want to come home because they cannot teach here and buy a house.  He stated he spoke to Mr. Woolwich and Mr. Dettra two years ago about how to help out the men and women who help everybody else; he sat down with the two gentlemen and has purchased a piece of land in Cocoa in a redevelopment area, and they are going to try to do the right thing.  He stated as a developer he is willing to give back to the community and make a smaller percentage; what is in the proposed ordinance is heading in the right direction with incentives and bonuses that will allow him to step up and help people out; and it may not be perfect, but it is a wonderful set-up and a great start. 

 

Kristin Bakke stated she is the President of Lead Brevard, but she is in front of the Board tonight for Brevard Workforce Housing Task Force, which was co-facilitated with Brevard Workforce Development Board beginning in September 2005.  She stated the inclusiveness of the Task Force included persons from the public and private non-profit sectors including the United Way of Brevard and members of the Economic Development Commission; there were municipal and city representatives, developers and builders, and persons from the finance community, education, unions, environmentalists and subject matter experts; and they met twice a month for eight months and were then in a position to present recommendations to the Board in April 2006.  Ms. Bakke noted at that point, County staff basically took over in terms of drafting the proposed ordinance; and staff has done a phenomenal job at pulling this together for the communities’ and the Board’s consideration well ahead of the target date.  She stated the Brevard Workforce Housing Task Force believes the proposed ordinance embodies the spirit of smart growth principles and is the next right step to creating affordable and workforce housing in the community.  She noted another group being considered on a regular basis is the young professionals community; everyone is engaged in attracting and retaining those members of the community who are in that age demographic of 21 to 40; and that is another group of persons who need affordable and workforce housing. 

 

Chairperson Colon stated she and Commissioner Voltz have concerns over Section 62-6301; there has been a lot of work done on this particular ordinance; however, the Board’s job is to protect the quality of life of those who exist in the community.   She stated Section 62-6301 is of great concern because of density; there is more work that needs to be done, and it can be discussed and looked at in the future.  She stated if Section 62-6301 does not get taken out of the proposed ordinance, the Board has made a huge mistake; these issues come before Zoning time and time again, of people who want to build an addition to the back of their homes and the Board has considered it; and the stories that have come before the Board have been very moving with many scenarios.

 

Commissioner Scarborough stated he is also concerned about the accessory structures; he has attended meetings in the past where the mother and father are old and need to be nearby; but the community comes out and says it creates the environment of rental housing.  He advised he will not be voting in favor of the ordinance this evening; he came fully prepared to move forward; however, this is too important to the community.  He stated it always behooves him when he has an extra opportunity to listen to the public; it may be a great ordinance, but why should it not be better; tweaking it later creates a tremendous amount of burden on staff to re-engage the community, and readvertise it; and he thinks there can be some constructive discussions and come back with something that is a better product.  He advised a tabling would be in order this evening.

 

Commissioner Voltz stated it was mentioned earlier that the ordinance is Countywide, but it is only within unincorporated Brevard County.  She advised the only problem she has with the ordinance is the accessory dwellings on quarter-acre lots; density needs to go where density is and density needs to stay off of the larger parcels; density is an important part of the ordinance and the Board cannot throw it out just because someone does not like density.  She stated density is a huge part of the ordinance and something the Board needs to look at; taking it out of the  ordinance  at this  time would be a mistake,  but she would be willing to table it so that it can

be looked at further; and there are a lot of people who worked very hard on the issue and they have done a lot of work.  She stated every ordinance in the future needs to be looked at for errors and omissions to make sure they are done properly. 

 

Chairperson Colon stated the Board would want to see the item before the end of May; that gives two months for feedback; and she would like Housing and Human Services to set up meetings with everyone who participated in the proposed ordinance, and have the ordinance come back to the Board before the end of May. 

 

Commissioner Scarborough stated Assistant County Manager Mel Scott is looking at May 24, 2007.  Commissioner Voltz stated the Board may want to hear it before then because if it needs something else there is still another meeting in May.

 

Assistant County Manager Mel Scott advised the challenge with meeting earlier in May is that the ordinance is in a mandatory two hearing scenario, where the second hearing needs to be at night.  He noted there are two zoning meetings in May, and if the Board hears the ordinance on May 3, 2007, it can still be heard on May 24^th.   Mr. Scott stated May 3^rd would be fine.

 

Commissioner Bolin stated she agrees with Commissioner Scarborough that the Board would like to make sure it is done right and is expedited once the figures are correct; and she is in favor of tabling the ordinance at this time.

 

Commissioner Nelson stated staff has done an excellent job on the ordinance, and he is also concerned with the accessory structures.  He stated he likes the concept of being strategic in terms of location and using that as a way of generating actual improvement in neighborhoods; there are areas that are old and tired, and with assistance there is a real opportunity to improve our community.  He noted tabling the ordinance will give him time to get some answers to questions that the Board has had.

 

Chairperson Colon stated she would like the Board to take some kind of action this evening in regards to that particular section; if the discussion is going to go around Section 62-6301 and the Board does not feel comfortable, it can go ahead and agree this evening that it is not something it wants to see in the ordinance at the next Commission meeting; and any discussion that any constituents might have would be focused on anything other than that. 

 

Commissioner Voltz inquired if Chairperson Colon was referring to just the Section on accessory dwellings; with Chairperson Colon responding affirmatively, Section 62-6301.  Commissioner Voltz inquired if it includes doing away with the density bonus; with Chairperson Colon responding no.  Commissioner Voltz stated she is in full support of that. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to continue the public hearing to consider ordinance proposing amendments to Brevard County Land Development Regulations to facilitate development of affordable/workforce housing in unincorporated Brevard

County to the May 3, 2007 meeting; and remove references in the proposed ordinance pertaining to Section 62-6301, Accessory Dwelling Unit.  Motion carried and ordered unanimously.

George Theirault stated on February 2, 2007, the Board received a letter from the Attorney General  about  the  Fire Assessments  in  Barefoot  Bay.   He  stated  he believes the whole fire

assessment should be re-evaluated; in 2006, Palm Bay and Melbourne did not pay any fire assessments, and Micco and other unincorporated areas paid $212; and Cocoa paid $60 to itself.  He noted from 1999 to 2003 everyone in the County paid the same except for Micco and Barefoot Bay, and they paid $53, when the rest of the County paid $34.  He commented on fire assessments paid by other communities from 1995 to 1998.  He advised in order to make the fire assessment fair to everybody, the Board should go through it, get with the cities and come up with a fair assessment to everybody.

 

 

Upon motion and vote, the meeting adjourned at 6:18 p.m.

 

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    JACKIE COLON, CHAIRPERSON

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

 

 

_____________________

SCOTT ELLIS, CLERK

         

 

 (SEAL)