MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

October 28, 2008

 

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on September 30, 2008 at 9:03 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairman Truman Scarborough, Commissioners Mary Bolin, Chuck Nelson, Helen Voltz, and Jackie Colon, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Commissioner Jackie Colon, District 5.

 

Chairman Truman Scarborough led the assembly in the Pledge of Allegiance. 

 

 

 

Chairman Scarborough advised there will be a time certain at 1:00 p.m., which is a request for a heliport by Dr. Niazi; it would be his preference to hear comments from other items prior to the 1:00 p.m. time certain, so that those people will not have to wait until after the time certain.  Commissioner Voltz stated Dr. Niazi has pulled his item and asked the Board not to hear the item.  Chairman Scarborough stated he received Dr. Niazi’s email and cancelled the item; but then he was advised that procedurally, he could not do that because the request was not from Dr. Niazi, but from the Board; one Commissioner cannot do something to reverse the Commission as a whole; and the item had to be put back on the Agenda.  Commissioner Voltz stated there is not much to discuss.  Chairman Scarborough stated there may not be much to discuss, but he made a mistake and he apologizes for the confusion.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the October 2, 2008 Zoning Minutes.  Motion carried and ordered unanimously.

 

 

 

Chairman Scarborough read aloud a resolution proclaiming November as Family Month.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution declaring November as Family Month, and urged all residents to spend quality time with family member to strengthen relations between parents and their children.  Motion carried and ordered unanimously. 

 

 

Tony Rivoli stated he is accepting the Resolution on behalf of J.D. Humphries; he appreciates the Board’s unanimous approval of the Resolution; he believes the family is the fundamental unit of society; and a strong family is necessary for a strong County, State, and Nation. 

 

 

 

Chairman Scarborough read aloud a resolution proclaiming Weatherization Day in Brevard County.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming October 30, 2008 as Weatherization Day in Brevard County.  Motion carried and ordered unanimously. 

 

 

Chenita Joiner, Housing and Human Services Assistant Director, stated on Thursday, October 30, 2008 there will be an Energy Fair in Building B of the Government Center in Viera; and everyone is invited to learn energy saving tips. 

 

 

Frank Abbaleo of Human Resources stated he is asking the Board to recognize a group of citizens who have taken their time to attend and complete Brevard County’s Citizens Academy.  He advised the Citizens Academy is an eight-week program meant to be an interactive learning experience; it meets once a week for three and one-half hours; and there are three Saturday field trips.  He stated the purpose of the Citizens Academy is to offer to all Brevard residents the unique opportunity to learn how the many departments that fall under the County Manager’s office operate, and to provide insight to how they function.  He noted the Citizens Academy also acts as a conduit to promote open lines of communication between County staff and the citizens they serve; and it provides information on the many services that the county offers to its citizens.  He explained how representatives of departments provide overviews of the departments’ operations and responsibilities followed by a question and answer period; and advised in this session participants heard from 21 of the County departments.  He stated along with the three Saturday field trips, the structure offers over 75 hours of education on operation and function of County government; the first field trip was to the South Water Treatment Plan, the wetlands, and the landfill in Cocoa; the second trip was to Country Acres Children’s Home; and the third trip was to the County Jail.  He expressed appreciation to Carrie Cotter of the County Manager’s Office who keeps the program on track; and thanked the employees and citizens who took their time to participate in this year’s Citizens Academy.  He stated he would also like to thank the students and employees of Brevard Community College, and Dr. Shannon Roberts of the City of Cape Canaveral.  He advised four participants could not be present, Gary Gowen, John Russell, Judith Grogan, and Christina Robinson.  He and County Manager Peggy Busacca presented certificates to graduates Jennifer Blalock, Vicki Boukalis, Katharine Burnette, Misty Campbell, Sandy  Criss,  Jacyne  Ells,  John  Ells,  George  Eustis,  Phyllis  Eustis, Michelle Hurst, Barbara Keith, Stephanie Lubno, Amicita Maloon-Gibson, Danielle Masucci, Harriet Mirsajadi, Deana Morone, Ashley Pack, Shannon Roberts, Betty Robey, Paul Robey, and Charlie Thurston. 

 

Mr. Abbaleo stated anyone wanting to attend the Citizens Academy can contact the County Manager’s Office.  Ms. Cotter advised the telephone number is 633-2001 or they can complete the application online on the County’s website.  She stated 2009 is completely full, and there is a waiting list; but she still encourages citizens to apply. 

 

 

 

Commissioner Bolin read aloud a resolution recognizing Commodore John Barry.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt Resolution recognizing Commodore John Barry Day in honor of his memory and in recognition of the sentiments of the Navy veterans, Irish-Americans, and the patriotic population that our history be properly told.  Motion carried and ordered unanimously. 

 

 

Edward Kelley accepted the Resolution on behalf of the Ancient Order of Hibernians; and expressed appreciation to the Board. 

 

 

 

Chairman Scarborough read aloud a resolution congratulating Astronaut High School Media Center.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution congratulating Astronaut High School Media Center upon its rededication being celebrated on October 30, 2008 in Brevard County.     Motion carried and  ordered  unanimously.   

 

 

Commissioner Colon read aloud a resolution recognizing Berman Hopkins Wright & LaHam, CPA, LLP, Residence Inn by Marriott, Health First, Mercedes Homes, and Melbourne Greyhound Park for partnering with Brevard Leadership Network.

 

Motion by Commissioner Colon, seconded by Commissioner Voltz, to adopt Resolutions recognizing  Berman  Hopkins  Wright  &  LaHam, CPA, LLP,  Residence Inn by Marriott, Health First, Mercedes Homes, and Melbourne Greyhound Park for partnering with Brevard Leadership Network and their leadership in recognizing the potential of individuals with disabilities.  Motion carried and ordered unanimously. 

 

 

Betsy Farmer stated people with disabilities have always been placed in the easiest jobs, not because it is the best job for them, but because it is the easiest job to find for them; and the recognized employers and others want to change that.  She commented on people with disabilities deserving an opportunity for a career. 

 

 

Commissioner Colon read aloud a resolution recognizing Brevard County Fire/Ocean Rescue Lifeguards. 

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution recognizing Brevard County Fire/Ocean Rescue Lifeguards for their outstanding commitment to not only saving the lives of our many residents, but also the lives of the many that come to visit the beautiful beaches of Brevard County.  Motion carried and ordered unanimously.  

 

 

Lifeguard Captain Wyatt Werneth expressed appreciation to the Board for the Resolution; without the lifeguards many of the rescues could have been fatalities.  Commissioner Nelson stated awareness is important; one issue the Board has been dealing with is how to get people to the guarded areas; and he met with the Mayor of Cocoa Beach about the possibility of electronic signage and cost sharing the signage.

 

 

 

Commissioner Colon stated Gryphon Group Solutions are in Fort Bragg; but she would like to move the resolution today; and she will read the resolution on November 6, 2008.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution declaring Gryphon Group Solutions Day.  Motion carried and ordered unanimously.   

 

 

 

Commissioner Colon read aloud a resolution commending George Taylor, Sr.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution commending George Taylor, Sr. for his commitment and dedication to the citizens of Brevard County.  Motion carried and ordered unanimously. 

 

 

George Taylor expressed appreciation to the Board for the Resolution and for setting up the Work Study, which is important to understand the issues of homeless veterans and removing 1,200 homeless veterans from the woods; and there are 3,000 homeless people in Brevard County.  He stated yesterday there was a ribbon cutting ceremony to officially open the National Veteran Homeless Support in the Harry T. Moore building in Titusville; and he looks forward to working with the Board.  He stated in the late 1980’s he found himself homeless; veterans are very proud people, Hillbillies from West Virginia, who just stuff-it and go on; but he was actually put in a taxi and taken to Miami; and he was the first combat veteran in a new combat program in the Miami VA.  He stated through therapy and activities he was taught of a disability that he had no understanding of, he was amazed that after $.5 million was spent on a veteran they are released back into the community with no resources; but they are continually supported until they become successful; and that is the commitment for the homeless veterans.  He stated the National Veteran Homeless Support gives trust back to homeless veterans and gives them the confidence and resources that are needed to make a recovery. 

 

Commissioner Colon noted there are Brevard County veterans from the war in Iraq that are homeless; and that should not be allowed to happen.  Mr. Taylor advised there are currently 17 homeless Iraq veterans living in the parks and woods.  He stated he would like thank Commissioner Colon for her support of the veterans; and he presented her with an Eagle statue. 

 

Chairman Scarborough advised on Thursday, October 30, 2008 at 9:00 a.m. the Board will hold a Workshop addressing homeless issues; and Mr. Taylor will be present at the Workshop.

 

 

 

Commissioner Colon read aloud a resolution commending Colonel Danny McKnight.

 

Motion by Commissioner Colon, seconded by Commissioner Bolin, to adopt Resolution commending Colonel Danny McKnight U.S. Army (Ret.) for his outstanding service and thanked him for his commitment and dedication to the citizens of Brevard County.  Motion carried and ordered unanimously. 

 

 

Colonel Danny McKnight expressed appreciation to the Board for the Resolution.  He stated everything began for him in Rockledge, Florida when he was eight years old; and he was blessed to have two great things in his life, which are a great family and a great community.  He stated  there is no better place to grow up than in Brevard County; and he tells that  to people all over the country.  He stated the greatest space program in the world was going on in Brevard County in the 1960’s and 1970’s; he remembers when Allen Shepherd went into space; and he tells people the community is as great, if not greater, today.  He stated he is proud to tell people he is from Brevard County; and to be recognized by the Board is special to him and his family.  He stated he is privileged to have served with and for the greatest soldiers in the world; October 3, 2008 was 15 years since the events in Somalia; and he visited the gravesites of his six rangers who were killed 15 years ago. 

 

Commissioner Bolin thanked Colonel McKnight for telling of his journey to the gravesites; and Colonel McKnight is a wonderful ambassador for Brevard County and the United States.

 

 

*Commissioner Colon’s absence was noted at this time.

Phil Laurien, Executive Director of ECFRPC, stated he would like to give the Board some highlights of what is going on in the work program this year.  He stated the ECFRPC is one of 11 bodies created by State Law; this year is the 10-year update of the Strategic Regional Policy Plan, which is also a requirement of State Law; and it should be seen as an opportunity to have compelling but simple policies for the big issues that supersede political boundaries, such as the environment, natural resources, water, transportation, and affordable housing.  He stated those are the things being worked on this year; and if successful, the policies will filter down and wind up in the local comprehensive plan.  He stated a year ago the ECFRPC adopted a Comprehensive Economic Development Strategy; it is not a requirement, but it was created as an umbrella specifically for the Council’s 74 jurisdictions so they would not have to create their own Economic Development district to make them eligible; and the first recipient for a grant from the United States Economic Development Agency is Brevard County.  He stated the grant is $1 million for workforce retention and training for the Space Shuttle Program transition to the next Program; $.5 million from the EDA; $250,000 from the State; and $250,000 as a local match.  He stated it was a specifically named vital project; the ECFRPC worked with the County’s EDC a year ago; and he would like to congratulate the Board on being the first to apply and the first to receive.  He noted it is a five-year program, so the Board has the ability to go back every year and reapply and be qualified again.  He stated one of things the ECFRPC is working on and may be of interest to the Board this year is that the Council is continuing on the Statewide Hurricane Study; it will eventually result in a coordinated hurricane evacuation plan for the State; and a $600,000 grant is being administered through the ECFRPC on behalf of the Orange County Sheriff for Anti-Terrorism Planning, but it serves Brevard County well.  He stated recently he was asked to serve on Brevard County’s Space Coast Growth Management Coalition, and he is glad to do that once a month.  He stated the ECFRPC needs to build a better relationship with Brevard County; it is geographically a unique County; and the whole economy is much more geared toward the Space Program, and much less geared towards some of the housing booms that have continued in the Orlando area; and the ECFRPC needs to be aware of that.  He stated Commissioner Nelson suggested the ECFRPC assist the County on GIS exercise mapping and how much conservation land the County has; the ECFRPC is glad to do that;  there  is no extra  cost for it; and it is part of the services Brevard County should receive.  He stated another discussion was the issue of legislative reform; what is not working in growth management for Brevard County is probably what is not working in the State; and the coalition had some ideas that he supports.  He stated the ECFRPC has also been asked by the City of Cape Canaveral to do a visioning process to allow it to identify redevelopment sites inside the City that may be under utilized right now; and that is expected to be done after the first of the year.  He noted the ECFRPC is also working with the County’s MPO for alternative future land use scenarios for the long range transportation plan 2035; it is being funded by FDOT; and the FDOT wanted all Counties in District 5 to have the opportunity to look at alternative future land use scenarios and compare those with the current comprehensive plans when planning for transportation.  He stated the ECFRPC is also going to be working with the City of Palm Bay on its sector plan; stated the DCA asked the Council if it would support a sector plan for Palm Bay; and the Council said it would. 

 

Commissioner Nelson thanked Mr. Laurien for his participation in the Growth Management Coalition because it is good for Mr. Laurien to see the interaction the Board has at a local level that he may not get to see at the Regional level.  He stated it all started when the Board was in its budget process; last year the ECFRPC reduced the Board’s allocation it paid; and this year the Board is asking for an additional reduction.  He stated Mr. Laurien was able to reduce the budget so that the proposed allocation for this year requires the ECFRPC to use some of its reserves and would still be a slight reduction over what the Board paid last year.  He noted in the two years that he has served on the ECFRPC he has seen a transition due to Mr. Laurien’s leadership in terms of the locals being more involved in the issues; the Palm Bay Comprehensive Plan request was viewed by the ECFRPC as a problem; and that is what led to the sector plan, which was great.  He stated with the Comprehensive Economic Development Strategy was being developed, he and Commissioner Bolin identified that the Board could be stronger in its wording about the transition in the Space Program; and the ECFRPC was receptive to that.  He stated his position is that the Board has put together its budget for this year; it has the same amount that was paid last year in the budget; from a budget perspective, the Board has the ability to continue at the same level; and he learned more about the benefits the Board receives, such as the $1 million grant, and he is ready to support the request for this year, which is the $113,017, which is less than last year and a reduction over the historic amount two years ago, which was $122,000. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to acknowledge an update of the East Central Florida Regional Planning Council’s work plan for FY 2008/2009, by Phil Laurien, Executive Director; and approved paying Brevard County’s dues to ECFRPC in the amount of $113,017.  

 

 

Chairman Scarborough stated the question had come up about the ECFRPC increasing wages while Brevard County had frozen its wages; and inquired what has happened in the other counties that are members.  Commissioner Nelson replied it varies between the different communities; and Brevard County was the most rigid in that regard, while other counties continued to give increases. 

 

Chairman Scarborough called for a vote on the motion, and it passed unanimously.

 

County Manager Peggy Busacca advised staff would like to pull from the Consent Agenda Item III.B.15, Authorization to Increase Purchase Order for Tedder Boat Ramp Systems, Inc. and Budget Change Requests, Re:  Boat Ramps and Associated Marine Construction at Christenson’s Landing (South County Boat Ramp).  She advised there has been a change to Item III.B.16., Approval, Re:  One-Month Extension for Public Relations Services with The Zimmerman Agency at Current Monthly Fee Rates, and the current revised Agenda reflects that it is a one-month extension; and the previous Agenda stated it was a two-month extension. 

 

 

 

County Manager Peggy Busacca noted last week the City Managers of West Melbourne, Melbourne, and Palm Bay met with her to talk about the St. Johns Heritage Parkway; it has been agreed that there needs to be some additional collaborative efforts to make sure there is some standardized information about the Parkway, such as the amount of right-of-way that will be acquired; and it was agreed that it would be a good idea to discuss the Parkway separately from any annexation issues that may arise, and that the Parkway should stand on its own.  She stated the group would like to hire DRMP, who is currently doing engineering services for Brevard County on the Parkway; and the legal services of Brown, Garganesse, Weiss, and DiAstra, to develop a design criteria for the Parkway, which would include, but not be limited to land acquisition, access management, design speeds, trip vesting, and funding; and each City and the County would spend approximately $10,000 to put the plan together and bring back the draft agreement to the Board for its approval as well as the other governing bodies, no later than February 28, 2009. 

 

Chairman Scarborough inquired how the Board is going to get the two particular firms; with Ms. Busacca responding DRMP is currently working with the County on the road right-of-way and doing the engineering on the Parkway.  Chairman Scarborough inquired if the Board previously hired DRMP; with Ms. Busacca responding affirmatively.  Ms. Busacca stated the law firm was suggested as one that is currently not doing any services for any of the cities or the County; and it was viewed as a neutral firm.

 

Chairman Scarborough stated he would like to be briefed on these kinds of issues before a meeting; there will be two new Commissioners representing South Brevard; and they might view it differently.  Ms. Busacca stated staff will put the item on a future Agenda with the new Commissioners.

 

 

 

County Attorney Scott Knox advised he has been asked to do some research on a legal issue with Item III.B.1., Approval, Re:  Community Housing Development Organization (CHDO) Grant Award to Community Housing Initiatives, Inc.; and he has not been able to complete the research yet, so he would like to pull the item from the Agenda.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to table Item III.B.1., Approval, Re:  Community Housing Development Organization (CHDO) Grant Award to Community Housing Initiatives, Inc., to the November 17, 2008 meeting.

 

 

 

Commissioner Nelson appointed Al Elebash, Jr. to the Titusville-Cocoa Airport Authority, with term expiring October 28, 2011. 

 

 

*Commissioner Colon’s presence was noted at this time.

 

 

 

Commissioner Nelson read aloud a resolution recognizing Delta Airlines 25^th Anniversary of service to Melbourne.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution recognizing Delta Airlines on 25 years of service at Melbourne International Airport.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Voltz at the last myregion.org meeting it was suggested that she be replaced; there is a meeting on November 21, 2008, which is after she leaves office; and she would like to introduce her replacement to the myregion.org.  She stated she has spoken to Andy Anderson from Palm Bay because he seems to understand the growth that is happening in the region; and Mr. Anderson would be interested as long as the new Chairman agrees.  Commissioner Voltz stated she is not asking the Board to take a vote, but she wanted to let the Board know that she has been asked to visit myregion.org with her replacement.

 

 

 

Commissioner Voltz stated she has been on the CBC board for four years; and she will continue to sit on the board as a community member; but the CBC would like to know whether or not the Board wants her to sit on the board as a Board appointee, or if the new Board wants to appoint someone else to the CBC Board.

 

Commissioner Colon stated the new Board will have to make that decision.  Commissioner Voltz the CBC board is critical in understanding all the dynamics of what is going on in the children services area.  Chairman Scarborough stated he would encourage the new Board to move in that direction. 

 

Commissioner Bolin stated the Board just received some good news on Item III.A.4., Permission to Sign Letters, Re:  Federal Funding Request for South Reach Beach Renourishment.

 

Natural Resources Management Director Ernie Brown advised Item III.A.4. is a request for the Board to sign a letter to the Federal Delegation requesting that $8.4 million for the South Reach Renourishment Project be put into some sort of appropriation bill; it was discovered this morning that $7 million of the $8.4 million has been added to the emergency supplement that Congress recently approved; and that means that $7 million is available to the County.  He stated consequently, staff would like to modify the request under III.A.4. and ask for a modification of the letter itself once it is know what the real number is that is needed, in addition to the $7 million; and then forward the letter on.

 

Chairman Scarborough stated when the Board makes the motion it will be understood that it is being moved with the ability to modify.

 

Commissioner Voltz stated it will not help the people in South Beaches.  Mr. Brown stated it does not directly affect those people; the more sand put into the system benefits everybody; but this particular request does not have a direct impact on the South Beaches. 

 

 

*Commissioner Colon’s absence was noted at this time.

 

County Manager Peggy Busacca advised Commissioner Colon does not have any reports.

 

 

 

Chairman Scarborough advised he would like to approve the resolution today; and the resolution will be read when Mr. Cabana can be present before the Board.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution welcoming Robert D. Cabana to Brevard County and wishing him well as he begins Directorship at  NASA’s  Kennedy Space Center.   Motion carried and ordered unanimously.         

 

 

Chairman Scarborough advised Commissioner Colon has an emergency and will be excused from the meeting.

 

 

 

Chairman Scarborough stated historically, when there is a Christmas that is on a Thursday, the Board finds that no one is going to County services after the Christmas Holiday; and County employees will be called upon to work harder with less resources on that day; and he would like to closed the County offices on December 26, 2008.  Commissioner Voltz stated there is the same situation after New Year’s Day.  Chairman Scarborough stated the Board can approve January 2, 2009 as a Holiday also.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve December 26, 2008 and January 2, 2008 as additional holidays for County employees.  Motion carried and ordered unanimously.

 

 

 

Commissioner Voltz advised Item III.A.21., Acceptance of Road Right-of-Way from FM Cypress Creek Holding, LLC/Imagine Schools at West Melbourne, is located in District 3, not District 5.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute the State Financial Agreement with State of Florida, Department of Environmental Protection (DEP), accepting State cost-share for the North Merritt Island Chase Hammock (Lake George) Improvement Plan, accepting legal venue, attorney fee, and jury trial provisions that are standard State contract language, approving necessary Budget Change Requests, and authorizing advertising for construction.  Motion carried and ordered unanimously.     

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Amendment No. 1 to Agreement No. 07BE3 with the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems, for the Brevard County Shore Protection Project, extending the closing date of the Contract until December 31, 2009.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to waive Board policy requiring legal venue in Brevard County for a recently awarded Florida Fish and Wildlife Conservation Commission, Florida Boating Improvement Program, Grant Contract that identifies Leon County as the legal venue.  Motion carried and ordered unanimously.

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize the Chairman to execute Letters written to the Federal Legislative Delegation requesting funds, with the amount to be determined by staff based on a cost estimate provided by the Corps of Engineers, for renourishing the South Reach beach.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize the Natural Resources Management Office to participate in the East Central Florida Climate Change Task Force on Climate Change and to be listed with other participating organizations on the letterhead of task force correspondence.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Binding Development Plan Agreement with G&D Developers, LLC, for property located on the east side of U.S. 1, approximately .17 mile south of Cidco Road.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve a request from the Viera Stewardship District to adopt a statement confirming that Brevard County has considered the District’s proposed boundary modification and has no objection; and authorize the Chairman to sign a letter to Senator Haridopolos acknowledging the Board’s action.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Task Order 07-06 with Jones Edmunds & Associates, Inc. (JEA) to prepare construction level design drawings and technical specifications that are necessary to construct the Central Disposal Facility (CDF) Eastern Gas Collection System Improvements.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Task Order 00-46 with S2L, Inc., Solid Waste’s continuing engineering consultant, for conducting supplemental geotechnical services and continued monthly monitoring of water levels for the U.S. 192 Site.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to delegate the responsibility of activating the emergency debris collection contract(s) to the Policy Group.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, grant permission to award to low bidder, piggyback another Florida government unit, or purchase off State Contract, heavy equipment budgeted for purchase in FY 08/09, with the equipment consisting of one service truck – eight years old, one backhoe – ten years old, and one compactor – four years old.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution accepting the transfer of Grant Drainage District rights-of-way previously conveyed by Chapter 89-442, Laws of Florida to Brevard County.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution authorizing Public Works Director to apply for Landscape Funding Assistance, and if successful, authorize the Chairman to execute a Joint Participation Agreement in the amount of $150,000 from the Florida Department of Transportation (FDOT) for installation of landscape improvements within the FDOT right-of-way of South Patrick Drive (SR 513), north of Satellite Beach.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution and execute Highway Landscape Construction and Maintenance Memorandum of Agreement with Florida Department of Transportation (FDOT) for sidewalk installation and maintenance at Brandywine Lane within the State-maintained right-of-way of SR 500 (aka U.S. 192) in West Melbourne.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Right-of-Way Use Agreement with the Sawgrass Homeowners Association, Inc. for maintenance of landscaping and irrigation improvements along the public road right-of-way known as Pineda Causeway Extension.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Amendment to the existing Right-of-Way Use Agreement to extend the Agreement with Tortoise View Homeowner’s Association for the use and maintenance of a portion of the right-of-way running west of South Patrick Drive for a reconstructed concrete block wall, irrigation system and landscaping, along the north and south sides at the entrance of the subdivision in Satellite Beach.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Amendment to the existing Right-of-Way Use Agreement to extend the Agreement with Suntree Lakes Homeowner’s Association for the use and maintenance of a portion of the right-of-way of Lake Drive at the entrance to Suntree Lakes Estates for a sign-wall and landscaping.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Right-of-Way Use Agreement with Mr. Coy A. Clark for the use of a portion of the right-of-way along the L-7 canal located in the Crane Creek Drainage District.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to accept the road right-of-way from FM Cypress Creek Holding, LLC/Imagine Schools at West Melbourne.  Motion carried and ordered unanimously.

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution encouraging all parties involved in developing the Micco Trailhead Facility to continue their cooperative efforts to address remaining issues such as securing construction funding and identifying maintenance responsibilities.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution recommending the Florida Department of Transportation add SR 528 between SR 520 and Port Canaveral to the 2035 Strategic Intermodal System Cost Feasible Plan and coordinate planning and funding actions in the SR 528 corridor.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Second Amendment to the Brevard Metropolitan Planning Organization Interlocal Agreement approving the change in the name of the organization to the Space Coast Transportation Planning Organization.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve and authorize the transfer of two units purchased by The Niche LLC., (with SHIP funds for the purpose of housing families at or below 30% AMI), to North Brevard Charities Sharing Center, Inc.; and authorize the Chairman to execute subsequent Contract, contingent upon approval of the Board, Risk Management, and the County Attorney.  Motion carried and ordered unanimously.

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Interlocal Agreement with the St. Johns County Library System for reciprocal borrowing.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution and execute Amended and Restated Conservation Easement to St. Johns River Water Management District (SJRWMD) as required for the development of Wickham Park Phase II Improvements (West).  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution and execute Amended and Restated Conservation Easement to St. Johns River Water Management District (SJRWMD) as required for the development of Wickham Park Phase II Improvements (East).  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize the Chairman to execute Amendment Number Ten to Lease Number 3485 with the Board of Trustees of the Internal Improvement Trust Fund of the State of Florida (Trustee), extending the term an additional twenty years for the Save Our Coast Properties.  Motion carried and ordered unanimously. 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Professional Services Agreement Amendment No. 20 with Post, Buckley, Schuh, & Jernigan, Inc. for $162,200 for additional architectural/engineering services at Wickham Park.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution and execute Conservation Easement to St. Johns River Water Management District (SJRWMD) as required for the development of Christenson’s Landing.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Amendment 1 to Agreement with International Golf Maintenance, Inc. (IGM) that will extend the term, compensation for services at The Savannahs, The Habitat, and Spessard Holland Golf Courses, and add a provision for background screening.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve elimination of Board Policy BCC-43, Golf Course Greens Fee.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve elimination of Board Policy BCC-57, Fee Waivers for County Facilities.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve elimination of Board Policy BCC-79, Waiver of General Comprehensive Liability Insurance for Softball Tournaments.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the Kabboord Wildlife Sanctuary Management Plan under the EEL Program.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize S5 Construction, LLC to construct and donate modular classroom prototype buildings at Wickham Park; and authorize the County Manager to execute appropriate documents as required to complete the acceptance and construction of the buildings.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve a one-month extension for The Zimmerman Agency Public Relations Agreement at the current monthly rate of $10,160 through October 31, 2008.  Motion carried and ordered unanimously.        

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the FY 2008-09 advertising media plan; authorize the Tourism Development Executive Director and the County Manager or designee to negotiate advertising rates and execute agreements with the vendors; and approve purchase orders to advertising vendors for ad placement and promotion costs over $35,000.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant permission for Asset Management to utilize the City of Fort Lauderdale Contract #285-9966 with Rene Bates Auctioneer Services for live and on-line auctioneering services for the disposal of excess or surplus County properties.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the FP&L Natural Gas Sales Agreement and authorize the Chairman to sign all associated documents related to the Agreement.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the termination of Agreement between Owner and Construction Manager for the construction of the Harry T. and Harriet V. Moore Justice Center Expansion.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize staff to negotiate a contract with Herb Sands Architects for reuse of their architectural drawings for design and construction of a new Fire Station #80; authorize the establishment of a negotiating committee comprised of Bill Clifton, Construction Manager, Facilities Department; Carl Tucker, Special Projects Coordinator IV, Facilities Department; and Bill Farmer, Fire Chief, Brevard County Fire Rescue, to negotiate said architectural contracts; grant permission to bid and award construction to the lowest, qualified, responsive bidder; and authorize the Chairman to sign said contracts.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution denying the Vested Rights application of Newfound Land & Property Management, Inc. in Case No. 07-01.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the cost of advertising for, and the scheduling of a private attorney-client session on November 17, 2008, at 11:30 a.m. or as soon thereafter as possible, pursuant to Section 286.011(8), Florida Statute, in the case of American Security educators, Inc. vs. Brevard County, Case No. 6:08-Commissioner Voltz-929-Orl-19-DAB for the purpose of discussing settlement negotiations or strategy related to litigation expenditures.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to grant permission to purchase sole source, MACOM equipment, and use the existing radio maintenance contractor, Communications International, Inc., to provide turn key operations of equipment, installation, servicing, and engineering for power and digital upgrade of the Titusville site, as well as receive donation of, and improvement and installation of, a State communications shelter building at the Palm Bay Site. Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution approving the issuance of Health Facilities Revenue Bonds, Series 2009 (Health First, Inc. Project) in accordance with Section 147 of the Internal Revenue Code of 1986, as amended, which requires public approval of the issuance of bonds by the appropriate elected officials.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution to allow the Brevard County Housing Finance Authority to apply for an allocation with the Florida Division of Bond Finance and to allow for the issuance of Single-Family Mortgage Revenue Bonds  during  2008  or  2009.     Motion  carried   and  ordered   unanimously.         

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to execute Agreement with the Economic Development Commission of Florida’s Space Coast to serve as the County’s primary marketing and recruitment agency for economic development, promote the role of the Kennedy Space Center and Cape Canaveral Air Force Station, and ensure coordinated activities related to advancing the County’s space initiative.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize Sheriff Jack Parker to increase the contractual civil process service rate fee from $15.00 per paper to $18.00 per paper, and to amend Sheriff Parker’s budget to reflect the increased payments.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the return of approximately $1.5 million in budget savings from Fiscal Year 2007-08 to amend Sheriff Jack Parker’s Budget for FY 2008-09 for reallocation of $1 million to purchase replacement vehicles in the Sheriff’s Office fleet.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve the write-off of various uncollectible receivables identified by Board Departments.  Motion carried and ordered unanimously.

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to appoint Greg Jones to the Wickham Park Advisory Committee, with term expiring December 31, 2009.  Motion carried and ordered unanimously.

 

 

 

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

 

 

Diane DeLano stated the Florida TODAY talked about the subject property being 10,000 acres in Brevard County, and 47,000 in Volusia County; and the Miami Corporation would like to see some growth in the next 50 years.  She the family that owns the land was hoping to leave behind a legacy not only by leaving behind ranchettes; there has been some discussion on tracts being left as wildlife areas; she has a non-profit Wild Horse Rescue Center located in Mims; and she has been a volunteer for the Bureau of Land Mangement for over 20 years.  She stated she would like to request a sanctuary for wild horses on the East Coast of Florida, which would be the first one; Florida is one of the biggest adoption states for the Bureau of Land Management of Mustangs; and she works with many horses she picks up as rescue horses; but the problem is there is not a big enough land area to let the horses run out on and live their days as free roaming Mustangs. 

 

Chairman Scarborough stated the Memorandum of Understanding is just agreeing to talk to Volusia County and having a joint meeting with the two bodies; and he would be glad to meet with Ms. DeLano because there could be an opportunity to take care of wild horses on property that is 57,000 acres.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to execute Memorandum of Understanding with Volusia County regarding joint planning efforts with regard to the 60,000-acre Farmton Tract owned by the Miami Corporation.  Motion carried and ordered unanimously. 

 

 

Janis Walters stated the Agenda Report indicated the Board was being asked to do two things; permission to advertise for repeal of certain code sections; and adopt a new airport rules policy.  She stated she was informed this morning the Board is not going to adopt the rules policy at this time, which is a relief to her.  She stated the Board is being asked to advertise for the repeal of 18-1 through 18-84; but that would leave orphan sections in 18-36 and 18-62; and she would suggest the Board advertise for the repeal of 18-1 through 18-84, plus repeal of 18-36 and 18-62. 

 

Curt Lorenc stated the Board is aware of the Florida Sunshine Laws; but the Sunshine Laws also apply to staff; and what has taken place is that rules have been developed by staff and they have failed to come before the Board and ask permission to do that.  He stated the public has not had an opportunity to grasp what the rules should be or how the rules should be done, if at all; the Board has two staff members forming a committee of two; and they entered into decision making on what the rules should be.  He noted there are no minutes from those meetings, there is no public notice, the public was denied the right to participate, and staff was aware of the foreseeable action because they intended to come before the Board.  He stated the entire decision making process has to be within the Sunshine Laws and not just part of it; the public has the right to attend meetings and speak.   He stated since the Sunshine Laws were  infringed

upon, he would like the Board to re-do the entire process; it needs to be brought back before the Board to see if staff should make a new set of rules; and everything needs to be re-done.

 

Commissioner Voltz inquired if someone thinks the Sunshine Law has been violated do they go to the State Attorney’s Office; with County Attorney Scott Knox responding affirmatively.

 

Chairman Scarborough stated the elected body is controlled by the Sunshine Law, and a citizen that is bringing a recommendation is controlled by the Sunshine Law; but staff in its capacity of bringing reports to the Board is not controlled by the Sunshine Law; and it becomes problematic because a Commissioner could be having a discussion with his or her secretary and it could be interpreted as a violation.  He stated he has never seen the Sunshine Law applied to staff; and inquired if he is in error.  Attorney Knox replied staff is not covered under the Sunshine Law unless a Commissioner has delegated authority to staff to make a decision about something such as development review committee that goes over plans and then reports to the Board.  Chairman Scarborough stated in other words, staff can come together with a recommendation and bring it to the Board. 

 

Commissioner Bolin inquired who reviewed the Ordinance repealing Sections 18-81 through 18-84; with Valkaria Airport Manager Steve Borowski responding the Ordinance went to the Valkaria Airport Advisory Board; corrections were made; and two copies were sent to FDOT and FAA; and the FAA commented on part of the document.  He stated the Ordinance also went to the Town of Grant-Valkaria and it was also on the mailing list of all the people interested in the Valkaria Airport.  Commissioner Voltz stated it was mentioned that the rules were not going to be discussed today, but it is on the Agenda.  Assistant County Attorney Morris Richardson advised today staff is just looking for permission to advertise the repeal of the Ordinances; in the Agenda Report it is mentioned that the Ordinances would ultimately be replaced by rules and regulations; but that is not today; and the Board cannot do that until it repeals the existing Ordinances.  Chairman Scarborough inquired if it would come back before the Board; with Mr. Richardson responding affirmatively. 

 

Chairman Scarborough stated he would suggest staff provide Ms. Walters and Mr. Lorenc all information as it comes forward.

 

Commissioner Nelson inquired if the Valkaria Airport Advisory Board approved the regulations, or did it vote to continue discussions; and what was the actual vote.  Mr. Borowski replied at the meeting the changes were put in that were desired; and it was unanimously approved.  Assistant County Manager Mel Scott advised the Agenda Report states the Valkaria Airport Advisory Board unanimously voted to incorporate the changes that have been provided to the Board, but did not vote to approve those changes before it was disbanded; and it was anticipated that with all the work that had been done that night, that it would see it again, but that did not happen.  He noted the Agenda Report states the Valkaria Airport Advisory Board voted unanimously to have discussed changes incorporated into the rules and regulations that are now being presented to the Board. 

 

Commissioner Nelson inquired if Mr. Richardson is going to take a look at Sections 18-36 and 18-62.  Mr. Richardson stated he will look at Sections 18-36 and 18-62; staff may get the Board’s blessing to advertise the repeal in whole or in part; and then he will look at the Sections.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to authorize advertisement of an ordinance repealing Sections 18-81 through 18-84 specifically, and any other portions of Section 18 required, of the Brevard County Code of Ordinances, relating to the rules and regulations of the Valkaria Airport.  Motion carried and ordered unanimously.

 

 

John McPhilamy stated he is with Mustang Communications and he is present in reference to III.C.6, which is the sole source item for Siemon’s Certified Structured Cabling; and he believes the item should be removed from the Consent Agenda and researched further by the Board.  His company bid the contract; from the beginning of the bid, it was mentioned that the County had a Siemon’s sole source for structured cabling; the whole pretense for allowing only certified installers was that the sole source was in place; and he has protested that and have been through several protest committee meetings.  He stated Siemon’s emphatically said it had a sole source; now he sees they do not; and now they are coming in front of the Board to approve that.   He stated if there was not a single individual for Siemon’s Corporation who allows individuals in the County to perform that type of work for the County, and it was opened up so that other contractors who are validly licensed could perform that work; and he is properly licensed to perform that work. 

 

Chairman Scarborough stated the Agenda Report requests the Board reject all proposals; and inquired if the Board is going to start the process over; with Information Technology Director John Sellers responding yes, the intention of the request is to reject all the bids and go back out with a slightly modified bid package. 

 

Mr. McPhilamy stated he would not have a problem with the bid being opened back up if it were offered to multiple manufacturers of cable because there are other manufacturers who produce this cable and provide the same 20-year warranty as Siemon’s.  Mr. Sellers noted that presents a cost to the County for doing that; Mr. McPhilamy is correct in that there are multiple vendors that provide 20-year warranties; but the issue for the County is that with the thousands of cables throughout the different County offices, it would require the Information Technology Department to maintain a database of every single cable and its manufacturer.  He stated in 2001 the Information Technology Department did a study of all the various cable vendors and looked closely at all the characteristics and standards that were needed to ensure a quality product for the County; Siemon’s was one of three vendors that were found; and the other two fell out quickly due to pricing.    He stated  Siemon’s has been a fabulous vendor for the County;  and to take on the cost of trying to create a database and maintain that database over the years would be a prohibitive amount of labor for the extra value the Board might be getting in having multiple cable makers. 

 

Deputy County Attorney Shannon Wilson stated the issue is sole source versus standardization; and in this case, the County is trying to standardize the product being used, which is the Siemon’s cable; later the issue will be the need for Siemon’s certified installers; and that has also been an issue in this particular matter.  Chairman Scarborough inquired if Ms. Wilson is comfortable with how the Board is proceeding; with Ms. Wilson responding yes. 

 

Mr. McPhilamy stated another issue he has is the County is paying more for Siemon’s than it does for other cabling systems; and he would think the County would want to go for the biggest bang for its buck. 

 

Commissioner Voltz inquired if Mr. McPhilamy does not handle any Siemon’s cable at all; with Mr. McPhilamy responding he handles all cables; and he uses the same punch-down method that Seimon’s and the County requires, which is TIAEIA568B standard.  Commissioner Voltz stated Mr. McPhilamy could re-bid using Siemon’s cables.  Mr. McPhilamy stated Siemon’s will not allow him to be a certified installer; and Siemon’s is restricting the number of contractors that perform the work in Brevard County. 

 

Commissioner Nelson inquired how one becomes a Siemon’s installer.  Mr. Sellers stated becoming a Siemon’s installer involves two issues; one is that a person would have to pass their testing process; and the other issue is that Siemon’s is trying to warranty a product for 20 years, and it is the installation that causes problems over the long-term.  He stated Siemon’s is looking for people they are confident are going to be in Brevard County for 20 years; Seimon’s will look at an installers finances, the size of the organization, and the length of time in business; and that is where Mustang won in becoming a certified installer. Mr. McPhilamy stated Siemon’s was going to certify Mustang Communications, but then at the last minute they said they would not certify Mustang; and therefore, it limited the competition. 

 

John Fischer stated he is with Brevard Business Telephone Systems, which is a structured cabling company that has been in Brevard County for over 20 years.  He stated his company bid on the contract in question; the day before the bid was due he received a letter from Siemon’s telling him that his company was no longer a certified installer; and he knows that is a problem because his company was a certified installer.  He stated there is some control being exerted by the sales force at Siemon’s over the use of their product in the County; and he does not think there is any question about that.  He noted Siemon’s does not make the cables; Siemon’s makes the connecting hardware; Siemon’s is certified with various cable manufactures; and it would be a good compromise if the bid was opened up to Siemon’s connecting hardware; but if it is opened up to different cable manufacturers that all offer 20-year warranties with Siemon’s connecting hardware and others, it would be a good compromise for local contractors.  He stated  the  desire  is  speed  and  response;  those  standards  are  published and controlled by Electronics Industries Association; every manufacturer that manufactures connecting hardware builds to those standards; and there are many hardware manufacturers that meet those standards that the County can choose. 

 

Chairman Scarborough inquired if the Board has to make a decision today; stated he is having more and more questions; and if the Board does not have to make a decision today, he would like to learn some more.  Ms. Wilson stated there is not an issue with deferring the item; but the problem is that there is not an existing contract; and staff would like the Board to at least act on ratifying and extending the contract that is in place. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve ratifying and extending the existing Structured Cabling Contracts for 90 days to get additional information.  Motion carried and ordered unanimously.

 

 

Chairman Scarborough stated there was a meeting in his office with both sides; and inquired if the two sides are still at an impasse. 

 

Cliff Repperger, representing the applicant, stated his client has accepted the conditions as written by the County Attorney and forwarded to the residents.

 

Rose Arnold stated the residents agree to conditions 1 through 8.  Chairman Scarborough inquired if the residents still have issues with the Agreement; with Ms. Arnold stating there are no issues with conditions 1 through 8.  Chairman Scarborough suggested a five minute break for the two parties to come to an agreement.

 

The Board recessed from 11:04 a.m. and reconvened at 11:16 a.m.

 

Chairman Scarborough stated he understands a tentative agreement has been reached.  He stated sometimes the Board will approve a Binding Development Plan, which will be brought back before the Board for final approval; and instead of getting into the menutia today, the Board has the ability to read it through before final approval.  He stated one concern he has is with Parcel 752; part of it was being combined with Lot 10; and two other lots are located further back on the property.  Mr. Repperger stated the other two lots are Parcels 752a and 752b.  Chairman Scarborough stated those two lots are not going to result in a replat; but the Board will address those lots in a deed restriction format; and those two lots will not be subdivided further.  Mr. Repperger advised there will be restrictive covenants that will prevent subdividing.  Chairman Scarborough stated he would like to see if any modifications of the components of those two parcels occurred, deed restrictions could occur with the majority of the property owners  at  Rosehaven;  and  what he  would  like  to  do  is have any modification of the lots be required to come back before the Board with notice to the residents at Rosehaven.  He stated one thing he heard at the meeting in his office was if there is adequate protection from actions that the residents would not be a party to because they were not notified.  He stated the residents want assurance; they understand that someone can always come back and discuss an issue again; but they wanted the understanding that the same format would be followed.

 

Mr. Repperger clarified that Chairman Scarborough is concerned that if 752a and 752b are subdivided any further, or modified further, that the residents of Rosehaven have notice, or it comes back to the Board, before that would happen.  Chairman Scarborough stated the action would incorporate that concept of 752a and 752b; and doing so, the Board would retain jurisdiction on the matter so that any additional changes or modifications would again require the same notification as was done and the same action by the Board.

 

Jerry Spangler stated County Attorney Scott Knox has already taken care of that at the end of the eight conditions.  Chairman Scarborough inquired if Mr. Spangler agrees with his comments; with Mr. Spangler responding absolutely.  Chairman Scarborough stated he is going to go back and make sure the words the Board adopts on November 17, 2008 will incorporate the ideas he is expressing now.  Mr. Spangler stated he understands Chairman Scarborough to be saying that 752a and 752b cannot be changed in any way without notice to every single property owner in Rosehaven. 

 

Commissioner Nelson stated the idea would be to do a replat that encompasses all of the lots; there have been other circumstances in which a lot was large enough to be subdivided and there was a deed restriction that said it could not be subdivided; but the Board’s system does not pick it up.  He stated in other words, an owner could split a lot if the Zoning and Comprehensive Plan allow it; and then it becomes a civil issue.  Chairman Scarborough stated it costs a great deal to plat a property; and he was trying to get the same protection for the property owners through this methodology; it will be defined in the Deed Restrictions; and if any changes occur there would be notice and it would have to come back to the Board.

 

Commissioner Nelson inquired what is the additional cost to replat the additional two lots.  Mr. Spangler stated he was told by his planner that just to replat Lot 10 he will be paying $30,000 to $40,000.  Commissioner Nelson stated the only way he will support the request is if the Zoning and the Comprehensive Plan do not allow the lots to be subdivided; and he does not want it to be a civil issue at a later date.

 

Attorney Knox stated another way to go with Deed Restrictions would be to give the County the ability to enforce the Deed Restrictions, which is the same thing as putting it into a Zoning classification where it cannot be subdivided by more that what is in the Agreement.  He stated what Chairman Scarborough said was that he wants the Board to have the final say in whether or not the modifications could be changed. 

 

Commissioner Voltz stated Condition 6c states, “The deed restrictions applicable to newly created lots 10, 752a and 752b cannot be changed or modified without majority approval of the owners of Rosehaven Subdivision.”   Chairman Scarborough stated that is the problem because it would allow them to further amend the division of the lots without coming back to the Board; and it could occur without some of the objectors having any knowledge it. 

 

Attorney Knox stated everybody is in agreement with that, as he has heard from Mr. Repperger; if ‘the approval of the Board of County Commissioners’ is added to the end of that sentence, then that will be acceptable. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to direct staff to modify request to allow an ingress/egress easement over Lot 10 of the Rosehaven Subdivision for the construction of a driveway access to a fifteen-acre property for the purpose of applying for two building permits, to include language stating if Parcels 752a or 752b, or Lot 10 are to be changed in any way, the owners shall have the majority approval of the Rosehaven Subdivision owners, notify both the Board of County Commissioners and the residents of the Rosehaven Subdivision, and receive Board approval before any changes can be made; and directed the Item be brought back to the Board on November 17, 2008 for final approval.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated the reason she pulled Items III.D.4., III.D.5., and III.D.7. is because the market is bad right now; and she sees it as a step in the wrong direction.

 

Finance Director Steve Burdett stated Commissioner Voltz’s concern is valid, but right now the market is not issuing very many bonds; many of the bonds getting approval are probably going to have to wait for a period of time; and the Hospital is going to have to go before a rating agency, and the bonds will not be issued unless the hospital meets the rating agency requirements that were set by the finance group. 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution approving the issuance of Health Facilities Revenue Bonds, Series 2009 (Health First, Inc. Project) in accordance with Section 147 of the Internal Revenue Code of 1986, as amended, which requires public approval of the issuance of bonds by the appropriate elected officials.  Motion carried and ordered unanimously. 

 

 

 

Curt Lorence stated several meetings ago there was an Agenda Item interrupted to give Valkaria Airport Manager Steve Borowski an award; he did some public records requests to find out what the award was about; and as far as Mr. Borowski receiving Aviation Professional of the Year Award, it was Mr. Borowski that requested of the FDOT staff to nominate him. 

Commissioner Voltz stated that is not true.  Mr. Lorenc inquired if Commissioner Voltz is stopping him from speaking.  He stated he would like to bring to the Board’s attention the fact that Mr. Borowski requested the FDOT staff to nominate him; Mr. Borowski was not recognized by the pilots, the people he works with, or the general public; but Mr. Borowski requested it himself and wrote up some bullet points; and Mr. Borowski asked the FDOT to use the bullet points to put something together to assist his nomination.  He stated there are two other people who sent letters; those two people are Milo Zonka and Commissioner Voltz; and they had the same bullet points that Mr. Borowski developed.  He stated earlier in the meeting Mr. Borowski stated the VAAB voted to approve the rules of the airport; that was false information; and Mr. Borowski has misrepresented his education repeatedly.  Commissioner Voltz stated that is not true.  Mr. Lorenc stated it is true and the County admitted it; and he will send Commissioner Voltz the documents for a public apology for calling him a liar.  Commissioner Voltz stated she and her former aide, Jan Conrad, are the ones who worked on the nomination for Mr. Borowski; and she is the one who requested the nomination for the award to go to Mr. Borowski.  She stated the award should not be taken away from Mr. Borowski, as he does a good job for the County. 

 

Commissioner Bolin stated when someone is suggested for an award it is common practice out of her office to contact that person and get some background information; it is done for Resolutions and other things; the information may be used for another source who may also need the information; and it is common practice to get the information from the nominee. Chairman Scarborough stated he agrees with Commissioner Bolin. 

 

 

 

Don Page stated he had submitted a speaker card for Item VI.A.; but he is not able to attend the November 17, 2008 meeting; and he would like to make his comments now.  He stated his concern is that there is unfinished business with the south end of Silver Lake; he does not know if the motion gives the owners carte blanch to develop that area and have access to it; and to him it is unfinished business.  He stated the land is zoned as buildable, but there is standing water on it right now.

 

Chairman Scarborough stated the northern portion of that land has been incorporated into the discussion of coming through an existing lot in Rosehaven, opening up additional lots for development; what Mr. Page is addressing is that it only encompasses the northern half; and there is a southern half that is undefined.  He stated if the property owners want to modify any land to the south, they have to come back before the Board.

 

 

Chairman Scarborough called for a public hearing to consider a resolution and Interlocal Agreement with Orange County Industrial Development Authority, Re:  Approving Issuance of Industrial Development Revenue Bonds for The Roman Catholic Diocese of Orlando, Florida.

 

There being no objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Nelson, to adopt Resolution and execute Interlocal Agreement approving the Authority’s issuance of Industrial Development Revenue Bonds, Series 2008 not to exceed $65.0 million.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for the public hearing to consider an Ordinance adopting Comprehensive Plan Amendment Updating the Capital Improvements Element.

 

There being no objections heard, motion was made by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Ordinance amending Article III, Chapter 62, of the Code of Ordinances of Brevard County; entitled “The Comprehensive Plan”; providing for the adoption of amendments to the Capital Improvements Element in the Comprehensive Plan; 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. 

 

 

Chairman Scarborough called for a public hearing to consider transmittal of Comprehensive Plan Amendment Package relating to Water Supply Plan.

 

There being no objections, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to consider the Comprehensive Plan Amendment package relating to the Brevard County Water Supply Plan and submitting the amendments to the Department of Community Affairs (DCA).  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for a public hearing to consider a resolution adopting Fourth Quarter Supplemental Budget for Fiscal Year 2007-2008.

 

 

There being no objection heard, motion was made by Commissioner Nelson, seconded by Commissioner Voltz, to approve the Fourth Quarter Supplemental Budget for Fiscal Year 2007-2008; authorize the Chairman to sign the Resolution; and approve the budget changes and such actions as are necessary to implement the adopted changes.  Motion carried and ordered unanimously. 

 

 

Chairman Scarborough called for the public hearing to consider transmittal of Comprehensive Plan Amendment package relating to Water Supply Plan.  Chairman Scarborough stated there is a speaker card for James Payne.  Planning and Zoning Director Robin Sobrino advised she has spoken to Mr. Payne, and he had some questions regarding the data and analysis in the Water Supply Plan; and Mr. Payne has agreed to allow staff to work with him when responding to any comments through other agencies during the time period between transmittal and adoption of the Comprehensive Plan Amendment.  She stated Mr. Payne also has some concerns regarding Conservation Policy 3.2(G); and staff is comforting in deleting that policy. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reconsider previous vote.  Motion carried and ordered unanimously.

 

 

There being no further comments or objection, motion was made by Commissioner Voltz, seconded by Commissioner Bolin, to direct staff to work with James Payne when responding to any comments through other commenting parties and agencies during the time period between transmittal and adoption of the Comprehensive Plan Amendment; and delete Policy 3.2(G) on Page 40 of the Water Supply Plan.  Motion carried and ordered unanimously.

 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to approve Amendment to Option Agreement for Sale and Purchase of the Caron Balkany property to extend deadline to exercise option to purchase; and approve waiving the title defect related to the temporary borrow pit easement on the subject property.   Motion carried and ordered   unanimously.   

 

 

John Denninghoff, Public Works Director, stated at the last Board meeting in which the Item was considered, staff was looking to update the policy that governs the MSBU collections process; at that  time  staff was trying to bring it in conformance with the Resolution that had been passed in 2004; and the Board did not approve those modifications and indicated a desire to consider it further.  He stated staff has listed two options; the first option is to go as was directed in 2004, which would use the Uniform Method of Collection; and the second option is to go back to the way it was done prior to 2004, which is to place a lien on the property and then collect the payments for that lien based on an amortization schedule, which would allow the property owner up to 10 years to repay the debt.  He stated if the property owner should fail in either case, ultimately the property could be foreclosed on, in the second option, or sold for non-payment of taxes in the first option.  He advised one option requires a lot of effort from staff as far as record keeping; when it was discontinued in 2004 a position was eliminated; and now there is an accountant who keeps track of all the MSBU’s, and the Tax Collector takes care of the rest of it; and prior to that there were three individuals who were involved in that process.  He stated in addition, whenever a foreclosure option was being considered the County Attorney’s Office was heavily involved and it consumed more of the equity in the home, or the property that was affected, by going through that process; and so one is intense labor wise, and the other is not, but those are the two options before the Board. 

 

Commissioner Nelson stated he does not like the uniform method; it puts someone in a place of having their neighbors decide to do an MSBU; they voted against it; and that person could lose their property because it is a tax.  He stated it is a sterile process because once it’s done, it’s done; and he does not know that he would ever want to see that happen in an MSBU case, so he supports Option 2, which means if a property is going to be foreclosed on, it has to come back to the Board instead of it happening. 

 

Commissioner Voltz inquired if Option 2 is what most cities do; with Mr. Denninghoff responding he does not know.  Mr. Denninghoff stated prior to now, the County utilized Option 2; it was costly, but it became a way to significantly reduce costs both for the program and the County budget.  Commissioner Voltz inquired if Mr. Denninghoff is suggesting he will need to hire another person; with Mr. Denninghoff responding it will become a function of how much MSBU activity there is; and there will be an upward pressure on the budgetary obligations.  Mr. Denninghoff noted right now there is not a lot of MSBU’s, but at one time there were many; there are more MSBU’s that are already set up with the Dirt Road Paving Ordinance; those MSBU’s are programmed in; as homes are built, ultimately all the dirt roads will come back as MSBU’s; and those will be significant sums of money per home involved.  Commissioner Voltz stated if there is a lien on a house and it is not paid, the County is out of luck.  Mr. Denninghoff stated ultimately, financially, should the Board decide to foreclose, there is no difference other than the obligation; in a foreclosure process there are a lot of expenses that get tagged onto the financial obligation for the property that is being foreclosed upon; and those expenses would also be added onto the owner of the property that was benefitted by the road or waterline.  He stated in the case of the tax process, those add-ons do not occur; and it goes through the regular process just as any tax sale would.  He advised the only real difference he sees procedurally is that the Board would have the option to not foreclose should it choose to; and if it is put on the tax bill, it happens automatically. 

 

Commissioner Voltz inquired which is the easiest way for the Board to get its money.  Attorney Knox replied without question it would be the uniform collection method. 

 

Commissioner Bolin inquired how often because of an MSBU that there is a foreclosure; stated to her, the County is just another line item on many liens against a home.  Mr. Denninghoff stated it is important that when it goes on a tax bill that it puts the debt to the MSBU process in front of the mortgage; whereas in the lien process, the County comes in after the mortgage; and there is a possibility the Board would not get a payment under that scenario.  He stated there have been quite a few foreclosure actions that have been taken in the past; there have been two tax sales since going to the uniform method; and it has a better track record and is more efficient.  Commissioner Voltz stated if people are not paying their taxes, they are not going to pay the liens; and the best method for the County to collect the money would be the Uniform Method of Collection because that way, at least the Board knows it’s going to get its money. 

 

Commissioner Nelson stated the number of foreclosures versus the Uniform Method is also a function of a slow down in terms of MSBU’s; the difference is that for the tax bill, the Board takes responsibility for setting all the millages; in an MSBU setting, it is being deferred to the neighbors; and he thinks it is the Board’s responsibility. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve Option 1, to renew Board Policy BCC-53 with modifications utilizing the Uniform Method of Collection approved by the Board on February 24, 2004, Resolution No. 04-045.

 

 

Chairman Scarborough stated he is assuming the lien the County has from the MSBU would be like any other subordinate lien in a mortgage.  Attorney Knox advised he is making that assumption also; if that is true, he is not sure whether or not the Board can elevate itself in terms of putting something in the Ordinance saying the County can become the number one priority.  Chairman Scarborough stated if a person votes for the MSBU, they should expect it to be on their tax bill because it is an improvement to the property that impacts the value of the land; he would hate to see the Board do that, then augment the value, and that lien gets eliminated because there is a subordinate position; and that is not fair.  He stated he also assumes it would be something that is clearly shown in a title search and would probably be paid off as part of a closing exercise.  Attorney Knox stated it would be a recorded lien, so it would show up in a title search.  Chairman Scarborough stated if doing new financing, it would all of a sudden be a superior lien and not subordinate, and they would want to eliminate it; and if one is assuming an existing mortgage, he or she would probably assume the lien as part of the process.  He stated he would like to get more information from Attorney Knox before he votes on the item; if someone votes for it, they get the tax; and if someone votes against it, they get a lien.  He stated he would like to table the item to November 17^th.

 

Commissioner Voltz stated the Board’s method of approving any MSBU is that it passes if it is two-thirds supported; and the people who do not want it have to pay it. 

 

Chairman Scarborough stated it does not require a motion, but the item will be tabled to the November 17, 2008 Board of County Commissioners meeting.

 

 

Jim Whitaker, President of Circles of Care, stated 30 years ago the Board decided to approve tax exempt revenue bonds to support the building of the Community Mental Health Center in Melbourne; and the community needed it, and it was the right thing to do.  He stated it is 28 years later and Circle of Care paid it off early and the County made no payments; and no tax dollars were used because it was all reimbursed.  He stated he is presenting $1 to the Board for the deed to the property.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution No. 08-294 to transfer property located at 400 East Sheridan Road, Melbourne, to Circles of Care, Inc.; and execute County Deed to the property for the sum of $1 from Circles of Care, Inc.  Motion carried and ordered unanimously. 

 

 

 

Clayton Bennett, Fleis and Bennett Engineering, stated he is here on behalf of Vistar Realty requesting a waiver request to grant access to a lot; Vistar Realty owns four lots; one is on the north side of River Oak; one is south of River Oak; and one is on the north and south side of Sea Grape Road.  He noted River Oak is currently an unpaved road; it provides access to a couple of residents to the west; Sea Grape Road is a paved road to the terminus and then is surface water and wetlands; and the original intent was to provide access to Lot 1.  He stated his client is asking for two waivers.

 

Commissioner Nelson stated the Board will be setting a precedent if it approves the item because in effect, the Board is giving two waivers that have ramifications countywide; and there is a conflict between County Codes that create the scenario.  He advised it would be his preference to look at vacating the right-of-way without triggering the natural resources requirements as opposed to doing the waivers; but he would still only want to see two lots as opposed to three. 

 

Commissioner Voltz stated she would like to table the item.  Chairman Scarborough stated there does not need to be a motion.  He stated Mr. Bennett can meet with Commissioner Nelson to try to come to an agreement.  Commissioner Voltz stated it is in her District and she has spoken to Mr. Bennett, but she would be happy to meet with him again.

 

The Board reached consensus to table Item VIII.A.2., Access Easement Waiver to Section 62-102(B)(2)(b), to the November 17, 2008 Board of County Commissioners meeting. 

 

 

The Board reached consensus to table Item VIII.A.3., Access Easement Wavier to Section 62-102(B)(2)(b)(8), to the November 17, 2008 Board of County Commissioners meeting. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to authorize the delegation to the Economic Development Commission of Florida’s Space Coast (EDC) to conduct a TEFRA Public Hearing for the tax exempt financing project and allow Goodwill Industries to take necessary steps to acquire tax exempt financing of its project in Brevard County.  Motion carried and ordered unanimously.

 

 

*The Board recessed at 12:20 p.m. and reconvened at 1:07 p.m.

Commissioner Voltz stated Dr. Nizai does not have anything to do with the item at this point; the Board is just looking at whether or not it is going to support it; and inquired why everyone has to sit in the audience. 

 

Commissioner Nelson stated one of the issues that came up was that the item was withdrawn; and the neighbors thought the issue went away, but now it is back again.  He stated there was never any opportunity to put on the record the concerns of the residents for the future Boards; and he does not think the item will pass, but he wants everything to be on record because it has been a difficult time for the neighbors and the Board. 

 

Alicia Messersmith distributed packets to the Board and to the Clerk.  She stated she lives on Randon Lane, which is across from where the current heliport is located; and the residents want their voices to be heard and to go on record regarding amending the zoning regulations to add private heliports as a conditional use in the SEU zoning classification.  She stated the safety issues are a great concern for the residents; the Florida Department of Transportation Aviation Office denied the request by Dr. Niazi in 2006 for several reasons; and one reason was that he needed 4,000 feet for his final approach and take-off area; and Dr. Niazi has approximately 30 feet to the north of the helipad and 30 feet to the south of the helipad from the neighbors on either one of those sides.  She stated the current zoning requires a 500-foot setback from the heliport, essentially requiring at least a 23-acre parcel; Dr. Niazi has just one acre; and the possibility of a crash is a great concern to the neighbors.  She stated the second issue is the economic issue; the Board has a letter from a local realtor stating that property values would decrease because of the risk of a helicopter flying over homes in such close proximity; insurance companies have also stated that insurance rates would also increase as well; and since it is a difficult economic time, that would be another negative reason for allowing a heliport.  She advised there are also environmental issues; the neighborhood is peaceful, quiet and beautiful with a lot of wildlife, birds, and sea life, which the neighbors feel would negatively impact the environment.  She stated she has spoken to every property owner in the orange circle indicated on the map to find out what everyone thought; 65 of 80 homeowners have signed a petition that they are adamantly opposed to allowing a heliport in an SEU zoning classification; eight properties are vacant and the owners could not be reached; and one exception is Senator Haridopolos who has said it seems clear that a variance would be impossible.  She stated the remaining seven properties are owners who have said they do not want  to be involved,  or that they are  not for or against the issue.   She stated the next time the request is made by Dr. Niazi, the Board will have on record how the overwhelming majority of the neighbors feel on the issue.

 

Larry Orlando stated he is the President of the Woods of Crooked Mile Homeowners Association, which is on the fringe of Dr. Niazi’s property.  He stated everyone in the area is affected; and more than the majority of the people in the homeowners associations are against the request.  He commented on being a retired engineer for Northrop Grumman, designing, manufacturing, and testing airplanes for the Navy; stated the most dangerous part of an airplane flight is the take-off and landing; it is absurd that anybody would consider landing an airplane in a small spot; and helicopters are more dangerous than most others as they do not have any fail-safe options. 

 

John Venice stated he is the Vice President of the Merritt Island Executive Council, which vehemently opposes the helicopter pad and has for many years.  He stated he lives in the subdivision to the north, which is close to the airport; the noise the Sheriff’s Department helicopters made is enough without having to add more insult to injury; and at least the Sheriff’s Department helicopters serve a purpose.

 

Julie Corridan stated she lives within 200 feet of Wasim Niazi; and her house faces his already constructed helipad.  She stated contrary to what Dr. Niazi said in the newspaper, there are signatures of nearly every homeowner within 1000 feet of the helipad who are opposed to the zoning change; and the Board has been shown copies of citations issued to Dr. Niazi showing his total disregard for the environment and disregard for the rules and regulations regarding the safety of where and when he lands his helicopter.   She stated the Board has heard from numerous HOA presidents, realtors, neighbors, and professional helicopter pilots, who have all expressed very legitimate facts and reasons as to why they oppose giving a part-time pilot a license to land his helicopter within 30 feet from some of his neighbors; and if the Board votes to change the zoning, it will be at a substantial cost to all the residents and tax payers of Brevard County.

 

Ed Pinkney stated he lives on Randon Lane; he is opposed to any changes in the zoning law regulation to add private heliports as a conditional use in the SEU zoning classification; the reason for zoning regulations is to protect the environment and the safety of citizens; and there is no reason to change the zoning.

 

Commissioner Nelson stated next is Barbara Bradley-Benn, followed by Antonio Rovira, who does not want to speak, but turned in a card in opposition. 

 

Barbara Bradley-Benn stated two years ago the item was vehemently opposed by the neighbors; and she would like to thank Commissioner Nelson for letting the residents speak today on the record.  She stated she is the President of the Merritt Island Executive Council, which voted against the item two years ago; and she was surprised when the item was removed at the last minute by the applicant.  She noted a heliport requires at least 23 acres, and Dr. Niazi has approximately one and one half acres; the setbacks are not being met; and inquired why anyone would even  be  allowed to bring  a  request  like this one to the  Board.   She  stated Dr. Niazi has a helipad on what he is calling a basketball court; but the basketball court was built with a circle painted on it; and the neighbors are not looking to cause Dr. Niazi problems, so why is he looking to cause problems for the neighbors. 

 

Commissioner Voltz stated anyone has an opportunity at anytime to bring anything they want to the Board or to staff; and the citizens need to remain vigilant as to what is happening because an issue may come back in ten years and the neighborhood may be different.  Ms. Bradley-Benn stated the request should not have gotten this far; she does not blame anyone in particular; but someone should have spotted it and put it aside. 

 

Commissioner Voltz inquired how the request got this far.  Zoning Manager Rick Enos advised the Board directed staff to return to it with Legislative Intent, permission to advertise; and that is where it is right now.  He stated Dr. Niazi asked the Board to consider the zoning change; at that point, the Board directed staff to come forward with this action for Legislative Intent and permission to advertise.  Commissioner Voltz inquired if this is not the first time Dr. Niazi came back; with Mr. Enos responding no, Dr. Niazi came before the Board in 2006; and the Board, at that time, directed staff to come back with Legislative Intent and permission to advertise; but before staff came back, Commissioner Pritchard asked the Board to stop the process based upon a withdraw from Dr. Niazi, and that stopped staff from proceeding to this point.

 

Commissioner Nelson stated he would like to add to that discussion because some people were not here this morning when that question came up about the request for withdraw.  He noted once the Board had approved placing it on the Agenda it needed to go forward; and initially, because the request had come in, there was a momentary lapse where Chairman Scarborough believed it was Dr. Niazi’s request; but it was in fact a Board action; and because it is a Board action, none of the Commissioners have the ability to take it off the Agenda without being in a public meeting.

 

Cheryl Gwyan stated she is a resident of Stillwaters Drive; she lives at the beginning of the cul de sac, towards the beginning as opposed to the end, where Dr. Niazi’s residence is; and she was on the board of the homeowners association at Stillwaters Drive for five years, during which time Dr. Niazi brought up several versions of the heliport issue.  She stated as a board, the homeowners association has its own set of covenants and bylaws; everything Dr. Niazi had turned in was against everything in the covenants and bylaws; and therefore, Dr. Niazi was turned down by the design and review committee for the various reasons stated by the previous speakers.  She stated after Dr. Niazi was denied he began building a basketball court, which he states to this day is in his backyard; it is a flat, concrete pad with a large red circle in the middle with very bright lights along the perimeter, and one backboard; and the neighbors are smart enough to realize what is going on because in his request to the Board he is requesting permission to land his helicopter on his helipad, yet in the neighborhood it remains a basketball court.  She stated as a resident, she and her husband are vehemently opposed to having the zoning amendment approved; and she hopes the Board votes against it.   She noted all of the homes on Stillwaters Drive are approximately one acre; and that makes Dr. Niazi approximately 22 acres short of meeting the zoning requirements.

 

Mike Trese stated he is very much opposed to changing the SEU zoning classification to allow a conditional use permit for a private heliport; and his wife could not be here today, but her objections are the same as his and everyone else who has spoken.

 

Rodger Pickett stated he lives at 4255 Randon Lane, which is on the periphery of the landing area and the proposed take off and approach area for the proposed heliport; and he and his wife are against the request.  He noted initially he had agreed with Dr. Niazi and that maybe it would be alright; but he was not given all the facts; and since then he has gotten the facts and is now vehemently opposed to the heliport.  He commented on being an ex-Army helicopter pilot with over 2,000 hours flying; and he has 900 hours of teaching in Dr. Niazi’s helicopter.  He advised in the military, landing in an area like Dr. Niazi is proposing is called a confined area; a confined area takes special training and understanding of the flight characteristics of helicopters and the dynamics of the wind that the rotor blade creates; and it takes a good 10 hours of individual instruction to even understand how to land in one of those areas.  He stated when landing in a confined area a cushion of air comes in and starts throwing rocks and all sorts of debris everywhere, including up into the rotors and for a half a mile away; it is a very unsafe procedure and the military does it at great risk; and inquired if someone should be allowed to do that in a residential neighborhood.  He stated he understands the FAA has pulled the study back; it looks as though the FAA understands what is happening; Patrick Air Force Base is also pulling back its approval as well because the proposed helipad is in their take-off area and in its span of control; and he was surprised that anybody in the Air Force would allow something like this in its flight patterns with FC117’s and F18’s coming in all the time.  He stated the path in and out of the proposed helipad can only be east and west as far as he can tell, with a dog-leg coming up Honeymoon Lake, which will disturb all the manatees and fish in the lake; and he is surprised the environmentalists have allowed the request to happen.  He commented on declining property values; and inquired if the issue will come up again in the future and if there is any kind of a schedule. 

 

Commissioner Nelson stated the Board will potentially take an action one way or another today; the difficulty is that no Board can give a 100 percent guarantee that it cannot be discussed at a future date; and the reality is that there are needs from time to time to amend things. 

 

Chairman Scarborough stated when this issue was being discussed, he and Commissioner Nelson did not see any reason to discuss it; the other three Commissioners thought it was a good idea to be heard; and nothing is right or wrong.  He stated sometimes the Board has a Findings of Fact as a part of the decision making process; and he would suggest the County Attorney prepare a Findings of Fact to be brought back before the Board on November 17, 2008.  He stated the information Mr. Pickett shared with the Board is technical in nature and might be helpful; and the Board could qualify Mr. Pickett as an expert because he has many hours as a helicopter pilot, and he understands the problems of a confined space.

 

Mr. Pickett stated he has noticed the County does not have an advisory council for airports or aviation.  Chairman Scarborough advised the Board makes appointments to the TICO Airport Authority.  Commissioner Nelson stated the reality is that this is the first aviation issue other than  the  Valkaria  Airport that the Board has dealt with.   Mr. Pickett inquired if the Board had a chance to read his Dead-Mans Curve paper that he sent.  Commissioner Nelson stated yes, and he is going to forward a copy of it to the County Attorney; and the Dead-Mans Curve is basically when a pilot loses lift under the rotors.  Mr. Pickett advised it is called auto-rotation, and a helicopter has the flight characteristics of a rock.  Chairman Scarborough directed Attorney Knox to include the information on the Dead-Mans Curve in the Findings of Fact that the Board will be reviewing on November 17^th.   Mr. Pickett advised any helicopter taking off and landing has a Dead-Man Zone of 50 to 100 feet where the chances of survival are small because of take-off power involved with the engine quitting and quick reaction of the pilot so that he has the situation awareness of where to go and how to put it down; and Dr. Niazi would have to put his helicopter in the lake.  Chairman Scarborough stated Mr. Pickett and Attorney Knox could meet to go over the technical issues. 

David Sims stated he lives in the Woods of Crooked Mile; he finds Dr. Niazi’s request to be dangerous; and anybody with common sense can look and see that trying to land a helicopter in the area is crazy. 

 

Tim Boyd stated he owns his own business; he and his wife were doing really well and had a great bank account; but now it is all gone; and if he takes another hit it may lead to him having to sell his home.  He stated he would like the Board to look at the facts; and it is important that the neighborhood maintains its financial viability. 

 

Dorothy Towell stated as a realtor and resident of Randon Lane, she is opposed to any change in the current zoning regulations regarding heliports as a conditional use in the SEU zoning classification.

 

Sheri Weinberg stated she and her husband have lived at 4340 Stillwaters Drive for 10 years; it is a quiet, lovely neighborhood with a lake; and she is totally against the heliport.  She stated according to the homeowners association restrictions residents are not even allowed to cut down a tree over six inches tall or put up a small fence, much less a heliport; and she cannot believe the request has gotten this far.  She stated she hopes Toni Pastermack’s letter gets into the record as an expert in the Findings of Fact because she is a realtor with long experience; and she has told the Board in emails that property values will be severely adversely affected if this happens.  She stated the notices that keep getting sent out to the residents cost a lot of money, takes the administrations time, and tax payer money; she would like to get something finalized; and if the Board votes against it today that is great, but she would like some kind of assurance, if possible, to where the residents do not have to live with this threat looming over them. 

 

Jane Spake stated she lives at 4305 Stillwaters Drive; and she would like to thank the Board for giving the residents a chance to speak.  She stated she is opposed to the zoning change and the heliport; and she has no desire to be a bad neighbor, but a neighborhood is no place for a heliport. 

 

Shawn Corridan read into the record an arrest notice to appear as written by the arresting officer.  “I responded to 1500 N. Atlantic Avenue, Lori Wilson Park, Cocoa Beach, Florida.  Upon arrival I observed a small helicopter, which had landed in a grassy field area inside of the park.  The operator of the helicopter was not present.  I proceeded to make contact with witnesses James Cora and Penny Tegard; both witnesses stated that they observed a red, white, and blue helicopter land at Lori Wilson Park.  They stated that the helicopter landed approximately 30 yards from a playground located in the park where there were several small children playing.  A witness stated that the helicopter was occupied by the defendant, and his name is Wasim Niazi, who was wearing purple shorts and a white t-shirt.  According to witnesses, the defendant landed the helicopter in a field and proceeded to walk/run away from it, towards the beach, when the blades on the helicopter were still spinning.  Witnesses stated several small children ran towards the helicopter and around the cock pit of the helicopter while the blades were still spinning.  Witnesses believe the defendant carelessly landed the helicopter by landing so close to a playground occupied by small children, and then leaving the helicopter unattended, while blades were still spinning and children were in the area.  They proceeded to contact the Cocoa Beach Police Department.”  He stated he does not want Dr. Niazi and that kind of behavior right across the lake from him; and he hopes the Board puts a stop to it.

 

Cheryl Warren stated she lives in the Woods at Crooked Mile; she is a retired teacher in Brevard County; at last weeks teachers meeting Commissioner Nelson was the guest speaker; and she asked him how he would feel about someone on South Merritt Island on a one-acre lot who wants to put a heliport on his property.  She stated Commissioner Nelson informed her that he voted against the issue the first time it came up.  She stated her junior-high son and his friends built a skate board ramp in the backyard; one of her neighbors turned her in to Code Enforcement; and she was visited by a Code Enforcement Officer who told her she could not have a skate board ramp in her backyard and that she had one month to disassemble it and get rid of it.  She stated she would like the Board to compare a skate board ramp with a heliport; and it is ludicrous that the Board would even consider allowing a helicopter to land in a quiet neighborhood. 

 

Commissioner Nelson stated he voted against it the first time around; he walked around neighborhoods while running for Commissioner; and it was still an issue at that time, and it left an impression on him.  He stated if allowed, it would not just have affected the subject property, but properties countywide in that zoning category; and the Board has created the ability for it to happen.  He stated on an aerial map, it can be seen that there are three houses closer to the pad than Dr. Niazi’s own house; and that is the kind of thing that would be happening all over the County.  He stated there is a zoning category that permits helipads, and he would encourage Dr. Niazi to find one of those locations and land there; and if it were a fly-in community it would be fine because the residents knew what they were buying into.  He stated Chairman Scarborough came up with a good idea with the Findings of Fact, which will go into the record and build a case for any future boards to look at, should the issue come back; and there are no guarantees; but it is a stronger position to be in. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to deny legislative intent and permission to advertise ordinance establishing private heliports as a Conditional Use in SEU; and direct the County Attorney to provide a Findings of Fact to the Board supporting the denial.  Motion carried and ordered unanimously.

 

Assistant County Manager Stockton Whitten advised on October 14, 2008 the Board directed the Negotiating Committee to go back and negotiate with the No. 1 ranked firm, which was Cherry Bekaert and Holland, for external auditing services; the Negotiating Committee met on October 20^th; and Cherry, Bekaert and Holland has offered a three-year cost proposal for years 2009 through 2010.  

 

Chairman Scarborough stated historically, the Negotiating Committee would come back and recommended the Board accept or reject and then negotiate with the No. 2 firm; and there seems to be an irregularity because the Board is having a discussion with more than one firm simultaneously.  He stated County Attorney Scott Knox indicated it was acceptable to put numbers out; but to negotiate simultaneously seemed to be, to some extent, contrary to the Competitive Negotiation Act; and before the Board gets into the numbers, he would like to find out if there is a recommendation to continue negotiation.  He stated the number is relevant; the Board is not getting into simultaneous negotiation, which could foul the whole process.

 

Mr. Whitten advised the recommendation of the Negotiation Committee is the proposal that is presented today, which is Cherry Bekaert and Holland at $375,000 for the first year, and a four percent increase to that amount for the subsequent years, excluding additional services for FEMA and Tropical Storm Fay audit services.  Chairman Scarborough inquired if the recommendation to the Board is to accepted that recommendation; with Mr. Whitten responding the recommendation is to accept the No. 1 ranked firm; and the Negotiating Committee has only negotiated with the No. 1 ranked firm. 

 

Commissioner Voltz stated the problem she has with that is that Cherry Bekaert and Holland is going to sub-out parts of what they are going to be doing; and the Board does not know who they are going to sub-out with; there is a firm that has been with the Board for a long time; and she understands that sometimes change is needed; but with new people always coming in there is a huge learning curve.  She stated she thinks Berman Hopkins would be bringing in different auditors than those that are there now; the Board cannot expect staff to agree with the auditors; and she is not going to support going with the second firm that is out of the area.

 

Chairman Scarborough stated now that there is a recommendation on the floor, he will take the speaker cards; and it can be brought back to the Board for discussion.  He stated if the Board follows the Competitive Negotiation Act and Commissioner Voltz made the motion, in the past the Negotiating Committee would then negotiate with No. 2 and come back with a negotiation on that; and that is how the Board would proceed.

 

Wayne Cooper expressed appreciation to the Board for allowing both Whittaker Cooper Financial Group and Cherry, Bekaert and Holland to make presentations.  He stated he is a CPA and a Principal of Whittaker Cooper Financial Group; and Whittaker Financial Group has been a part of the Brevard County Community since its beginning in 1984 when Ken Whittaker started the firm.  He advised Whittaker Financial Group employs more than 20 people in Brevard County and serves numerous Brevard County businesses and citizens; stated Whittaker Cooper Financial Group is teamed with the regional CPA firm of Cherry Bekaert and Holland in this proposal for two reasons; first, he has personally worked with Cherry, Bekaert and Holland for many years and has an excellent rapport with them; and he knows their working relationship  can   help   grow   his   firm  to   further   serve  the  citizens of Brevard County.  He stated secondly, Cherry, Bekaert and Holland is widely recognized as a leading government services firm in Florida and throughout the Southeast United States; the resources and expertise of Cherry Bekaert and Holland are simply the best, providing an excellent team that has pure technical qualifications as well as presence in, and knowledge of, Brevard County; and by forming a business partnership with Cherry, Bekaert and Holland it will not only help Whittaker Cooper’s continued growth in the government practice area, but will also create a more competitive business environment, encouraging other Brevard County businesses to do the same.  He noted Whittaker Cooper Financial Group has been a viable Brevard County business for the past 24 years; and partnering with Cherry Bekaert and Holland has resulted in his firm being selected by Brevard County’s Audit Selection Committee as the No. 1 ranked audit firm to provide audit services for Brevard County for the year-ended September 30, 2008.  He stated Whittaker Cooper Financial Group is trying to build partnerships and expand its horizon to be part of the vision for Brevard County’s future; and as a firm, Whittaker Cooper Financial Group shares a desire for the common goal for providing growth for the community and as part of its relationship with Cherry, Bekaert and Holland.

 

Jim Burdick stated he is a partner with Cherry, Bekaert and Holland; in the proposal Cherry Bekaert and Holland said between five and 10 percent of the time would be committed to the people; he felt it was important because Cherry, Bekaert and Holland wanted to have someone local that would be able to respond quickly if there was a situation of immediate need; and that is why Cherry Bekaert and Holland chose Whittaker Financial Group to partner with.  He stated the Board has heard a couple of times today that Cherry, Bekaert and Holland and Whittaker Cooper have been identified as the best firms to provide the audit services to Brevard County; a fee was negotiated and he believes the fee is more than fair and reasonable based on what Cherry, Bekaert and Holland perceives to be the audit procedures that are going to be required; and his firm is willing to accept that fee because there are some additional auditing standards that are effective for this year, and they are going to have to be implemented for the audit, which are over and above the year before.  He stated Brevard County would be an important engagement to Cherry, Bekaert and Holland; and because of its importance, Cherry, Bekaert and Holland would be willing to give an additional $25,000 discount, over and above the $375,000 that is in the Agenda Report.  He advised that would result in a fee for 2008 of $350,000, which is about $60,000 less than the fee the Board paid for last year’s services; Cherry, Bekaert and Holland would also proposed to do the audit for $375,000 and $390,000 for 2009 and 2010 respectively; all three of those fees are less than what the Board paid for audit services in the prior year; and he has a written commitment that he can give the Board.  He stated he would ask the Board to consider Cherry Bekaert and Holland as its auditing firm because it has been identified as the most qualified firm by the County’s Audit Selection Committee after a significant process; Cherry, Bekaert and Holland is willing to do a 2008 audit for $350,000, which is a discount of $60,000 over the prior audit fee; the County will have access to an auditing firm with highly experienced auditors; Cherr,y Bekaert and Holland knows the needs and requirements of Florida counties; and Brevard County would get a fresh perspective after having been audited by the same firm for 30 years.  He thanked the Board for its time and consideration.

 

John Hopkins stated Berman Hopkins have been doing the County’s audit for a long time; Berman Hopkins has proposed a rotating partner, which gives a fresh look to the job; and Berman  Hopkins’  credentials  are  as  good  as  any  firm  out there.  He stated his firm is local, which should account for a lot; Berman Hopkins handles other Florida counties; as 50 percent of Berman Hopkins’ audit practice is governments, it is very familiar with governments; and Berman Hopkins stacks up as well as any firm that was in the selection of six firms that were proposed.  He requested the Board keep in mind that Berman Hopkins keep was a very close second to Cherry Bekaert and Holland; he filed a protest earlier that was waived; and that is fine, as Berman Hopkins can stand on its credentials. 

 

Jim LaHam stated he is the Managing Partner for Berman Hopkins Wright and LaHam, CPA; the basis for the firm’s protest was because of the make-up of the Selection Committee; the term ‘the best firm’ is a term that is undefined; he has nothing but good things to say about Cherry Bekaert and Holland as it is a solid technical firm; but also, Berman Hopkins gives up nothing to Cherry Bekaert and Holland from that same perspective; and the biggest reason for the protest is because the Selection Committee was made up of 75 percent of internal staff, which he feels is very biased.

 

Chairman Scarborough advised the Board covered that at the last meeting; and unless the Board wants to move to reconsider the protest and go back to that discussion, he would direct Mr. LaHam to the current issue.  Commissioner Voltz stated she did not attend the last meeting; but the make-up of the Selection Committee was her biggest concern.  Chairman Scarborough stated one of the things the Board talked about was whether it needed to bring the Committee back together, bring another person in, and have another ranking before it voted; and the Board opted not to do that.  Commissioner Voltz stated she is concerned about who is making the decisions.  Chairman Scarborough stated in that case, the Board needs to go back and reconsider its prior action.  Commissioner Voltz stated her concern is not personally who sits on the Committee, but the make-up in general.  Chairman Scarborough stated the Board can go back and re-do that; it would reconstitute the Committee as it would want it to consider; and there is really two committees; one is ranking the selection; and the other is negotiating.  He stated now there is a Negotiation Committee involved with negotiating with No. 1 and then No. 2; what the Board needs to do is reconsider; and it is his understanding that reconsidering a prior motion takes somebody that voted in the affirmative to ask to reconsider.  He inquired if any Commissioner who voted in the affirmative that wants to make a motion to reconsider; and seeing none, stated the Board will not be reconsidering that matter.  Commissioner Voltz stated in the future she would like the Board look at not having County staff be looking at those things; as there are professionals that look at those things.  Chairman Scarborough stated the Board had the option to go back and have a new Committee look at the whole thing; but it opted not to do that. 

 

Commissioner Nelson stated he voted against making up the Committee in the first place because the old Committee was made up of Constitutional Officers; and the Board made that choice at some point in time and went out to bid, so it is guilty of whatever happened.

 

Chairman Scarborough stated at this particular moment, there is a recommendation not from the Selection Committee, but from the Negotiating Committee; the Negotiating Committee is recommending the acceptance of this particular proposal; and if Mr. LaHam wishes to speak in opposition to that, that would probably be the best place to direct his comments.

 

Mr. LaHam advised his firm had not planned to speak today until Cherry, Bekaert and Holland chose  to  speak as  well;  and he is going to let the wisdom of the Board make the decision.  He stated he would like to clarify that the job is going to be done completely by the staff of Berman Hopkins and Brevard County; there will be no sub-contract work; and that is the only distinction he would like to make at this point. 

 

Commissioner Voltz inquired when Cherry, Bekaert and Holland agreed to lower it price, is that something the Board discussed previously.  Chairman Scarborough replied it became problematic; and the Board should either accept or reject the recommendation.  He stated he would entertain a motion at this time unless someone has a question. 

 

Commissioner Nelson inquired if the scope of services are the same in the contract for this year as compared with the contract for last year, or if there are any changes.  Finance Director Steve Burdett advised there are not any differences in the contract; the only provision that Cherry, Bekaert and Holland had was that they are not sure how much audit work is going to be required for the FEMA related audit work; and if that ends up being extensively more than what they expected it was going to be, then they may be coming in for a supplement.  Commissioner Nelson inquired if the expectations of staff is that the same level of information that was provided in the last contract would be the same level provided in this contract.  Mr. Burdett advised it is staffs understanding that it is going to be the same; Finance puts all the information on a drive that is accessible to the auditors where they can see it; and he has not been advised that Finance is going to be doing anything more that what it already does, as it is part of the function of Finance anyway.   Commissioner Voltz inquired if that was extra for FEMA last year, and how has it worked in prior contracts.  Mr. Burdett replied  in the current contract there have been a couple of supplements; one dealt with implementing some new audit in the County standards; but it does not think it was related directly to any Federal FEMA related grants.  Commissioner Voltz inquired if the County did any and were not charged for them; with Mr. Burdett responding there was not any FEMA audit work last year. 

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz to reject the selection.

 

 

Chairman Scarborough stated he is concerned that he did not hear the presentations; when he was with the City of Titusville the City Council actually did the selections of professional services; the process is intense and thorough; and he does not believe he is qualified to be in that place.  He advised he is going to vote with the recommendation of the Selection Committee and against the motion.

 

Commissioner Bolin stated her concern is that with all things being equal, she feels the Board, as a whole, has been working diligently on getting and keeping jobs in Brevard County; and she does not feel the current selection is a strong enough presence in Brevard County to meet the requirements she has to keep jobs in Brevard County.  

 

Chairman Scarborough called for a vote on the motion to reject the Selection Committee’s recommendation and direct the Negotiating Committee to negotiate with the No. 2 firm.  Motion did not carry; Commissioner Voltz and Commissioner Bolin voted aye; and Commissioner Nelson and Chairman Scarborough voted nay.  Motion did not carry.

 

 

Commissioner Nelson stated he is concerned with the fact that the Board has had the same auditing firm for 30 years; he feels like the specification changed if the Selection Committee considered the length of time the Board has had the same auditor; and it is almost like an area has been created outside of the process that has discounted the experience of the firm the County had.  He stated the Board wants people with experience; but apparently 30 years is too much experience; and if that is going to be done, it needs to be done as part of the specification that every five or 10 years, the County uses a different auditing firm.  He stated his concern is the evaluation was done with that as a backdrop to it, which was never a consideration, but may have impacted the way the rankings came out; the Board wants someone new, but the specifications actually reward, allegedly, experience; and so he is struggling with the fact that he has heard it said several times that the Board is trying to change, but it was not something it asked the Selection Committee to do. 

 

Chairman Scarborough stated having sat in on selections, it is not a decision to be made lightly; and he is sure the people on the Selection Committee tried very hard to do the right thing.  He stated it is as if at the last moment, the Board wants to do the selection itself and hear the presentations; and he assumes that is an option the Board can take if it comes to an impasse.  Commissioner Nelson stated he does not know if the Board should do that.  Chairman Scarborough stated the Board is weighing in on certain factors; it can be argued that it is good to have experience, it is good to have somebody new; but that is one of a multitude of issues that the Selection Committee would have considered; and the Board has not heard any of the others. 

 

Commissioner Voltz stated it is a dead issue and the Board needs to bring it back on November 17, 2008.   Chairman Scarborough stated there needs to be five Commissioners to vote.  Chairman Scarborough stated there is a Workshop on Thursday; and the Board could discuss the issue at the beginning of the Workshop.  Commissioner Voltz inquired how long the Workshop will be; and stated it could be discussed immediately after the Workshop.

 

Mr. Burdett stated as an observation, the Board commented that it wanted to look at a local firm; but even Berman Hopkins Wright and LaHam said they have been doing audits other than for Brevard County; and they seemed to have submitted bids to work with other county governments.   He stated he understands that some of the Commissioners feel that he should not be on the Committee and that there should be more independence; but by having 30 years with the same firm, it is probably not a bad idea to maybe once and a while consider bringing in a different firm with different opinions and observations as to how they look at the government; and the Board has to remember that the firm is auditing and attesting, and looking at something independently. 

 

Commissioner Voltz stated whoever looks at the firms should not be County staff; and there are plenty other people who look at proposals in general because there are certain things that are on there, such as different criteria.  Chairman Scarborough inquired if Commissioner Voltz wants to hear the item on Thursday afternoon; with Commissioner Voltz responding yes.  Chairman Scarborough inquired if Commissioner Voltz wants the firms to make their presentations and rank them; with Commissioner Voltz responding no.  Chairman Scarborough stated  the  question  becomes if the Board relies on a  Selection  Committee,  or if it makes  the selection.  Commissioner Voltz stated this time the Board needs to rely on the Committee, but it needs to be voting on it; but from now on it has to change; and the Board should make a decision based on Commissioner Bolin’s motion on Thursday.  Chairman Scarborough stated Commissioner Bolin’s motion is the issue of abandoning the Selection Committee’s No. 1 and going to negotiations.  Commissioner Voltz noted that may come up again on Thursday. 

 

Mr. Burdett advised it is not a contract the Board can continue to prolong; Finance needs to get the report audited and there are requirements to send the reports to the State; and he hopes it is not going to be prolonged indefinitely. 

 

Commissioner Nelson inquired if the contract proposals for three years was in the RFP, and does the Board have any ability to modify that.  Mr. Whitten replied on October 14^th staff brought the Board a number of options; and he will let Deputy County Attorney Shannon Wilson speak to the Board on that point; but the three-year contract proposal was in the RFP; and there is nothing that precludes the Board from getting options on something that is beyond three years.  He advised it was a two-phase selection process; it was a selection based on qualifications; the Negotiating Committee negotiated based on price; and that was priced out on three years. 

 

Deputy County Attorney Shannon Wilson advised because the RFP limited to a three-year term, she would be hesitant to extend it beyond the three years; there is nothing indicating it could not be reduced; but that would probably have to be an additional issue of negotiation between the parties; the offer was made on the understanding that it was a three-year contract; and there is also a provision in the policy that limits it to three years. 

 

Central Services Director Steve Stultz stated Board Policy indicates that solicitations, or RFP’s, will be solicited every three years.  Commissioner Nelson noted the Board waived Board Policy.

 

Chairman Scarborough advised the Board will continue the discussion following the Homeless Workshop on Thursday.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Task Order 07-05 with Jones Edmunds & Associates, Inc. (JEA) to prepare construction level design drawings, technical specifications, and permit applications that are necessary to construct the CDF Class I Expansion – Cell 1 Project.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to grant waiver of Section 62-102(B)(2)(b)(8) to allow an easement to access two lots totaling approximately 3.16 acres where the Code requires the two lots to a combined minimum of five acres.  Motion carried and ordered unanimously.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution No. 08-292 finding that at the public meeting on September 30, 2008 it was determined to be in the public’s best interest to approve the Public Works Department to perform civil site work services, including landscaping and irrigation, at Marina Park; and authorize the Chairman to execute a Budget Change Request establishing a cost center in the Marina Park Referendum Budget for the work to be performed by the Public Works Department.  Motion carried and ordered unanimously. 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution No. 08-293 finding that it is in the public’s best interest to approve the Brevard County Public Works Department to perform civil site work services, including landscaping and traffic signalization, for the Chain of Lakes entrance road; approve entering into an Interdepartmental Agreement; and authorize the Chairman to execute a Budget Change Request establishing a cost center in the Chain of Lakes Referendum Budget for the work to be performed by the Public Works Department.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to appoint Antonia Rovira to serve on the Local Health Council of East Central Florida, with term expiring December 31, 2010; and reappointed Lisa Gelbert Gurri to serve on the Local Health Council of East Central Florida, with term expiring December 31, 2010.  Motion carried and ordered unanimously.

 

 

Harold Koenig stated H.E.A.R.T. is asking the Board for support, in any form it chooses, to request from Governor Crist two immediate remedial actions to stop an ungodly abhorrent confidential informant practice that is still killing errant, sick, weak, vulnerable, and untrained young people, who are usually girls, and devastating the lives of those who survive.  He noted H.E.A.R.T. stands for powerless young girls grossly mistreated by someone powerful, which is the government; and the recent tragic death of Rachel Hoffman in Liam County provides renewed urgency to clean up the confidential informant mess.  He noted Rachel Hoffman was arrested for the first time charged with non-violent felonies; after being threatened with prison, a frightened Rachel agreed to be a Confidential Informant in exchange for all charges being dropped; her parents were not informed; and Rachel was wired and given $13,000 cash to purchase a large quantity of drugs and a unique gun from two hardened drug dealers who subsequently killed her.  He stated a Liam County Grand Jury indicted the two men for murder and condemned the  Tallahassee Police Department for the Confidential Informant  undertaking; H.E.A.R.T. is asking Governor Crist to issue two executive orders; one is to stop using young, first-time non-violent sick girls as confidential informants; and the other is to pardon surviving confidential informants who were used and abused and risked their lives as confidential informants.  He stated the last time the Board helped H.E.A.R.T. on the issue it focused on the Legislature and failed; supportive legislators from Brevard County went to Tallahassee and were told by the then-governor not to listen to H.E.A.R.T.; the subsequent direct efforts failed; and lives have continued to be lost.  He stated H.E.A.R.T. is encouraged by Senator Mike Haridopolos’ compassion, understanding, interest, and initiative in contacting the governors office; stated Representative Altman expressed concern also; and several other elected officials recognize the need for change all across the State, including Brevard County.

 

Commissioner Voltz stated she knows Mr. Koenig’s heart is still in H.E.A.R.T.; and inquired what are the thoughts of County Attorney Scott Knox.  Attorney Knox advised Mr. Koenig is asking for a resolution supporting some kind of legislation that would put some restrictions on these kinds of confidential informants.  Commissioner Voltz inquired if the Board looks at any of those restrictions, or does it leave it up to the governor.  Mr. Koenig stated he is asking for some kind of contact with the governor encouraging him to take action now on an interim basis pending the action coming next Spring from the new Legislature. 

 

Chairman Scarborough inquired if Governor Crist has taken a position on the issue.  Mr. Koenig stated he has not talked directly to Randy Ball, but he indicates the governor is concerned and is interested.  Chairman Scarborough inquired if Attorney General Bill McCullom has taken a position on the issue; with Mr. Koenig responding he has not been in touch with the Attorney General.  Chairman Scarborough stated it may be wise to get in touch with Attorney General McCullom because it is a fabric of views in Tallahassee. 

 

Chairman Scarborough authorized Commissioner Voltz to contact Brevard County Lobbyist John Thrasher, and to provide a report to the Board, regarding Harold Koenig’s request for action to stop the deadly practice of young adults becoming confidential informants.

 

 

 

Travis Minch he understands the Board has been briefed by staff on the issue; he read the staff report himself; he has some concerns with the wording in the staff report; and staff has tried to scare the Board with the staff report.  He stated he is not asking the Board to modify the ordinance for a unique circumstance that has created a hardship for a property owner; and he is representing his brother Trent, and his wife Karrie.  He stated Commissioner Nelson mentioned there are some things in the Code that are in need of amending; he is asking for the Board to just tweak the Code and not repeal it altogether; Chairman Scarborough mentioned the importance of a Findings of Fact; and that is why he is before the Board today.  He stated staff has outlined four issues in the staff report; he can tell the Board, as a professional planner, that there are some factual issues that need to be cleared up with the property; and he understands the  Board does  not have to act in any way on the issue; but if there was a  variance  procedure included in the Ordinance, he would have pursued that route and demonstrated that the property is unique.  He stated the driveway is 800 feet long; requiring a driveway to be elevated above the roadway is going to cost approximately $10,000 to $15,000; the point is not the money, but that the roadway is below the standard that the County is requiring, so it will not serve a purpose to have a driveway off a road; and the property owner will have a driveway above the floodplain who will not be able to leave the road because it is flooded; the property owner is willing to raise the driveway if the County will raise the road; and if that commitment can be made there will not be an issue.  He stated he knows there are a lot of expenses; there have been a lot of cut backs in taxes; this section of Coral Avenue is serving three families; and everyone can probably agree that Coral Avenue is not going to be improved in the next 25 to 50 years.  He stated he is asking the Board for some relief in the ordinance that will not have an impact on the flood insurance program; and it is staffs job to have concerns; but he hopes staff can stick to the facts.

 

Trent Minch stated he is the owner of the subject property; he moved to Brevard County from St. Lucie County; and he especially liked the north end of Brevard County.  He stated when he was told he had to elevate the driveway above the County road he was thrown for a loop because he assumed that lifting the driveway up to the County road when he first put the driveway in, he would not meet all County standards and be held accountable for an ordinance that the County does not follow; and he does not think that is right.  He stated he does not think it is right for the County to ask him to elevate his driveway when the County road is not the same height. 

 

J.D. Hallum stated he lives at 3495 Coral Avenue; Coral Avenue has been a dirt road all his life; and he wants it to stay that way.  He stated Trent Minch has a problem, but it is the County’s problem; no one knows the water level; Mr. Minch is level with Coral Avenue and he cannot go any higher. 

 

Chairman Scarborough inquired what is the advantage of having the road into the property higher than the County road. 

 

Ernie Brown, Natural Resources Management Director, stated the primary purpose of the Floodplain Protection Ordinance was designed to ensure there was adequate access to the residential structure from the public right-of-way.  He stated Mr. Minch has an 800-foot driveway; during the Deer Run development, the roads were out of water, but the driveways were not out of water; and people were stranded in their own homes; and that caused the Board to require that driveways to the primary structure from the public right-of-way be raised above the base flood elevation of the flood plain to reduce the risk lives and loss of property as a result of flooding.  He noted in Mr. Minch’s case the elevation is 7 feet and Mr. Minch is currently at 5.5 feet. 

 

Chairman Scarborough stated the question that was raised was that one can get to the public road, but then the road cannot be driven on because the road itself is impassable because it is below the road.  Mr. Brown stated it is a policy issue.  He noted during Tropical Storm Fay there were large vehicles driving along the public right-of-way rescuing people from their homes; and the   public  right-of-way  is   an  accessible  means  to  get  larger  vehicles  to  people,  but  not necessarily down an 800-foot driveway.  He stated it is a policy issue; he cannot argue the pros and cons; but it is whether or not the Board wants to implement something that creates a substandard driveway in a flood-prone area, and historically a grandfathered road, that when it is brought up to Code will be above the base flood elevation; and that is purely a policy decision that he cannot make any recommendations on.

 

Commissioner Nelson stated there are unintended consequences with the Ordinance; a scenario has been created where someone can get to the end of their driveway, but the County road is under water; and inquired about an agreement which says if the County ever brings it up to the 100-year flood elevations then the property owner has to bring his driveway to those elevations.  Mr. Brown stated Natural Resources Management Office has entered into bonding arrangements.  Commissioner Nelson advised staff would not want to do bonding because it would have to hang onto money for an extended period of time; and the reality is that it will not be during their lifetime that the road gets paved. Mr. Brown stated the scenario staff ran into, and why Natural Resources acquired bonds, is because 5, 10, 15 or 25 years past, maybe a new owner has come in and the obligation to bring the driveway up to Code, the commitment is there but there are no revenues or resources to actually accomplish it, so the homeowners then are liened against or penalized, or do not have the ability to bring that up to level; and that is the reason Natural Resources does a lot of bonding.  Commissioner Nelson stated that is putting a bond on someone when the County has no intention of paving the road for many years.  He inquired if there is a way that it can travel as a condition with the land so that if they decide to move to a place that does not have this regulation, then it would travel with the land.  County Attorney Scott Knox stated there is a way it could be worked out, but he is not sure how to do that.  County Manager Peggy Busacca advised the Ordinance will have to be amended to allow it; if the Board wants staff to work with Attorney Knox to put together some language as part of the amendment to the Ordinance, then staff can do that. 

 

Commissioner Nelson inquired if the two other houses on Coral Avenue are at the same elevation as the road.  Mr. Brown advised staff has not had time to evaluate those homes; if they were built since the Ordinance was put in place, then they were built up to Code. 

 

Mr. Hallum he knew of Coral Avenue before it went to U.S.1; his driveway at one time was above the road; the road was rebuilt; and now his driveway is below the road, along with everyone else’s driveway, except Mr. Minch’s, which is the only driveway that is left.  Chairman Scarborough stated in other words, Mr. Minch has the highest driveway on Coral Avenue, and yet he is not legal. 

 

Commissioner Bolin she would like to direct staff to research what the variables are and what the Board can do; unless there is a windfall, it does not sound like the road is ever going to be paved; but she does not want to start something that is going to be used in other areas of Brevard County; and she would like more information from staff.

 

John Denninghoff, Public Works Director, stated he was with the County when Deer Run flooded; and he played a large role in developing the Ordinance as it exists.  He noted at that time there was an incredible outpouring of frustration with the County for not requiring driveways to be above flood elevation; there were many people at the Commission meeting; and there was a lot of new coverage of the event.  Mr. Denninghoff advised where flooding was a problem was on private property; homeowners did not want to be accountable for the fact that their driveway was below the flood elevation; the homeowners could not get in and out of their homes because their driveways were lower; and that is exactly what took place.  He stated in addition to that, after the Flood Plain Ordinance was developed as it is today, the County obtained a great many additional points in the Community Rating System (CRS) procedure, which allowed the County to improve its ratings in the overall rating with the CRS; and the County was down to a seven on a scale of 10, which allows all the properties in flood prone areas to have a 15 percent discount off of flood insurance, which would apply to Mr. Minch and save him money.  He stated the exact effect of just changing the driveway aspect of the Ordinance is not known; a statement was made that it would have no effect; but he would take issue with that, as it is not known; the County applies for those points and are evaluated and approved through the process of the NFIP; and the County does not know what the effect is going to be.  He noted as far as getting more information, he does not know what that will be; the CRS determines what the points are; there is no appeal or process to say someone did not do it correctly; and staff works through that with them, and they render a decision; and either the County gets the points to be in a better classification, or it does not.  He stated it works to the County’s advantage, but whether it is significant to cause the County to lose standing in the classification or not, he does not know; but it is an improved condition compared to not having the requirement to have the driveway up.

 

Commissioner Bolin inquired if Mr. Denninghoff is saying that because of the County’s good rating, every homeowner in Brevard County is eligible for the discounts because of the points; and inquired if it affects every homeowner in Brevard County.  Mr. Denninghoff replied yes, it affects everyone who purchases flood insurance. 

 

Commissioner Voltz stated it was mentioned to allow Attorney Knox to look at something so that the Board can look at allowing them to build their home, because it does not make sense that local government would be so restrictive that it would not allow somebody to build a home; but at the same time, the Board needs to make sure there are precautions that it needs to take because it does not want this to have an effect all over the County. 

 

Mr. Brown stated the concern that was raised relative to CRS was creating a waiver provision that then would minimize the ability to reduce risk to life; it is not Mr. Minch’s specific property per se, but it is a matter of providing a provision for a waiver practice that would open it up.  He noted staff has issued Mr. Minch a 90-day temporary C.O. on the property because everything is completed with the exception of the road, but the window is short for an answer to this process.  Chairman Scarborough inquired if the temporary C.O. can be extended; with Permitting and Enforcement Director Ed Lyon responding it can be extended if needed.

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to direct the County Attorney to provide a report to the Boar on November 17, 2008 with possible remedies for Travis Minch so he does not have to elevate his private driveway to or above the 100-year base flood elevation currently required by Section 62-3724, Brevard County Code of Ordinances; and direct staff to extent Mr. Minch’s temporary Certificate of Occupancy (C.O.) for the life of the deliberations.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz advised she has had a lot of complaints to her office about Mr. Capps and the way he renders his opinion on things; stated Mr. Capps once told someone who was being cited for an issue that he drove by his house and did not see any problems; and she has talked for Deputy County Attorney Shannon Wilson who indicated there have been some issues that the County Attorney’s Office has spoke to Mr. Capps about, and he said he would change; but Mr. Capps has been there for many years and she does not see that he has changed.  She stated she is not sure the Board is doing its citizens any good by allowing the same Special Magistrate hear Code Enforcement issues as well as Vested Rights issues; and she is not going to support Mr. Capps as the No. 1 Special Magistrate.

 

Chairman Nelson stated the Board may need to look at the value placed on the issue in terms of the hourly cost because it may be limiting the pool of applicants in that some folks might be interested, but because what the County pays they do not want to do it; and the Board can look at what it is valuing the program at and see if there is some room for improvement.

 

Chairman Scarborough inquired if Ms. Wilson sat in on the Selection Committee.  Ms. Wilson stated no, she did not.  She advised Assistant County Manager Mel Scott had some discussions; and she has heard there have been some complaints; but she has not been witness to any of them.  Chairman Scarborough stated the numbers between the No.1 and No. 2 candidates are not far apart; and he would like to hear from Mr. Scott as to why he voted Mr. Dyer as No.1, and not Mr. Capps.  Mr. Scott advised he ranked them both at No. 1 because he saw them as a dead heat.  He stated in his estimation, the Selection Committee asked both candidates all the substitive questions, so there was a good feel for temperament and approach; and he asked them several technical questions which gave him insight as to their approach to the job.  He stated when he asked Mr. Dyer who his attorney would be, he answered by saying he would hire Mr. Capps; during the interview process, both candidates were being neutral and showing accolades on each other; and he saw them as a dead heat and he would have been happy with both.  He noted he thinks there are things Mr. Capps can do to improve things moving forward; he has had those discussions with Mr. Capps; and the Selection Committee is at the point where it is deferring to the Board, judgment on how to move forward.

 

Commissioner Bolin inquired if it is possible to separate Code Enforcement cases and Vested Rights cases; and if it is possible to use both Mr. Capps and Mr. Dyer. Mr. Scott replied yes, it is possible; he has had discussions with staff; and that idea has been well received. Commissioner Bolin stated that would eliminate any problem between one Magistrate hearing both types of cases.  Commissioner Voltz stated she understands that, but she is not going to support Mr. Capps as the No. 1 candidate.

 

Chairman Scarborough stated Assistant County Attorney Morris Richardson weighed in with Mr. Dyer; and inquired if Mr. Richardson could elaborate.

 

Mr. Richardson stated based on the candidate’s responses to questions and the demeanor of the job he thought they would do based on their responses is why he ranked Mr. Dyer first; but he ranked Mr. Capps second out of the five candidates; and it was a close call in his opinion.  He stated he thought Mr. Capps provided good and thoughtful answers to the questions asked of him; and he understands everyone else ranked Mr. Capps as first; but he personally felt that Mr. Dyer presented himself slightly better.

 

Chairman Nelson inquired when the Board last changed the amount the Special Magistrates are paid.  Central Services Steve Stultz stated approximately three years ago, the amount was increased from $100 per hour to $120 per hour.  Chairman Nelson inquired if it is part of the administrative fees charged; with Mr. Stultz responding affirmatively. 

 

County Manager Peggy Busacca stated she agrees with Chairman Nelson that it is a fairly low rate of pay for attorneys; and the field would be increased if the rate was increased.  Commissioner Bolin stated increasing the rate of pay would delay the issue; and inquired if there are any time constraints.  Mr. Richardson replied he is not sure when the attorneys’ contracts are expiring.  Ms. Busacca stated staff can do a contract extension. 

 

Commissioner Voltz inquired how long Mr. Capps has been a Special Magistrate for the County; with Mr. Stultz responding approximately eight or nine years. 

 

Commissioner Bolin stated if the Board changes the rate of pay it might get more applicants; and inquired if there will be a better quality, or more talented, candidates that there is right now.  Ms. Wilson responded the Board may run into a finite group of people who have the kind of experience it may be looking for that function in the same role; and the Board might end up encouraging more people from out of the County applying.

 

Chairman Nelson stated if the Board wants to split the cases between the two Magistrates, it is his preference that it go to Mr. Dyer as the No. 2, but not to split at this time, but to look at it during the next contract.  Commissioner Voltz stated she agrees with Commissioner Bolin that the Board will end up with the same people, but paying them more money; but she still thinks the Board needs to split the cases now if there are two good attorneys.

 

Attorney Knox stated he likes the idea of splitting up the cases because there are times when the Code Enforcement cases overlap with Vested Rights cases; and it is better to have two Magistrates looking at them rather than one.  He advised the Board can choose one attorney for the Vested Rights, and one attorney for the Code Enforcement cases.  He noted an issue he has with Mr. Capps’ evaluation is that Mr. Capps did the Zajdel case; it was a long proceeding; stated he did not agree with how he handled it; and the Board did not either after it reversed his decision.  He stated he would like to give Mr. Dyer a chance to handle Vested Rights cases, as Mr. Capps does a great job on Code Enforcement cases.

 

Mr. Stultz stated the Vested Rights cases are normally heard at the same time under the same hearing schedule as Contractor Licensing; and he would recommend they be split up as Code Enforcement, then Contractor Licensing and Vested Rights.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to accept Attorney Steward B. Capps to perform Special Magistrate services for Code Enforcement cases; accept Attorney David  W.  Dyer  to  perform  Special  Magistrate  services  for  Contractor Licensing and Vested Rights; authorized either Attorney Capps or Attorney Dyer to be each other’s alternate in the case of a conflict of interest; and authorized the Chairman to execute contracts with the selected attorneys.  Motion carried and ordered unanimously.

 

Mr. Stultz inquired in the case of a conflict of interest, does the Board want the two attorneys to act as the alternate for each other.  Commissioner Bolin stated she would like to add that to the motion. 

 

Chairman Nelson stated he would like to direct staff to do an evaluation of where the Board is in terms of the process, so that there is a history the next time the issue comes up.

 

 

 

 

Upon motion and vote, the meeting adjourned at 3:49 p.m.

 

 

 

ATTEST:                                                                     ___________________________________

                                                                                    TRUMAN SCARBOROUGH, CHAIRMAN

                                                                                    BOARD OF COUNTY COMMISSIONERS

                                                                                    BREVARD COUNTY, FLORIDA

_____________________

SCOTT ELLIS, CLERK

      

          (S E A L)