December 8, 1998
Dec 08 1998
MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
December 8, 1998
The Board of County Commissioners of Brevard County, Florida, met in regular session on December 8, 1998, at 5:32 p.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Melbourne, Florida. Present were: Chairman Truman Scarborough, Commissioners Randy O?Brien, Nancy Higgs, Sue Carlson and Helen Voltz, County Manager Tom Jenkins, and County Attorney Scott Knox.
The Invocation was given by Commissioner Randy O?Brien.
Chairman Truman Scarborough led the assembly in the Pledge of Allegiance.
APPEAL, RE: A. DUDA & SONS ORDER OF TAKING
County Attorney Scott Knox advised the County has been in court with A. Duda & Sons on the Order of Taking for an easement which goes from the wastewater treatment plant to Lake Winder; and spent six weeks trying that issue in front of Judge Kahn. He stated last Saturday Judge Kahn informed the County she was going to enter an Order of Taking, which would allow the County to acquire the easement in question; but as part of the Order she would impose conditions on the County which would open a contingent that would allow A. Duda & Sons to reopen the condemnation case at any time in the future should there be any environmental regulation passed which might impact their ability to develop their project for residential, commercial, industrial or agricultural purposes. He stated she will also put language in the Order which would direct the County on how to handle any future problems in terms of operating the wastewater treatment plant. He advised if Judge Kahn is going to put the Order in that form, the County Attorney's Office would have to recommend an appeal, as they feel she would step beyond the judicial mode, and into the realm of the County Commission. He advised if she signs that Order, he would recommend the Board appeal the Order since it is a violation of separation of powers between legislative and judicial branches.
Motion by Commissioner Voltz, seconded by Commissioner Higgs, to file an appeal against the Order of Taking entered by Judge Kahn regarding litigation with A. Duda & Sons. Motion carried and ordered unanimously.
RESOLUTION, RE: COMMENDING DISCOVERY CREW STS-95
Commissioner O?Brien advised the Resolutions for the astronauts would be given to each of them, including John Glenn, at the parade on Friday, December 11, 1998. He stated he would be driving a red corvette; and had to go to driving school just so he could drive the car in the parade.
RESOLUTION, RE: COMMENDING DISCOVERY CREW STS-95 (CONTINUED)
Motion by Commissioner O?Brien, seconded by Commissioner Voltz, to adopt Resolution commending Discovery Crew STS-95 for presentation on December 11, 1998. Motion carried and ordered unanimously. (See page for Resolution No. 98-299.)
DISCUSSION, RE: CHRISTMAS PARADES
Commissioner O?Brien stated the Cocoa Beach Christmas Parade will be held Saturday, December 12, 1998, and Merritt Island Christmas Parade will be Saturday afternoon. He advised anyone who would be shopping on Merritt Island and uses SR 3 should be careful. Commissioner Voltz inquired where will the parade start and end; with Commissioner O?Brien responding it will start at Merritt Island High School and go to Edgewood Junior High School. He advised the Merritt Island Parade starts at 2:00 p.m., and the Cocoa Beach Parade starts at 10:00 a.m. He stated the Rockledge/Cocoa, and Melbourne Parades are Saturday night.
INTRODUCTION, RE: DUANE LUNDGREN
Commissioner Carlson introduced Duane Lundgren who has joined the District 4 Commission team as her Chief of Staff. She stated he is a retired Army Colonel who served as Assistant Supervisor of Elections for the past five years; and he will be a positive asset to the District 4 Office. She advised Suntree is also having a parade on December 19, 1998; and information regarding that parade could be gotten by contacting the Suntree Master Homeowners Association.
DISCUSSION, RE: A DUDA & SONS ORDER
County Attorney Scott Knox advised that Judge Kahn requested a County Commissioner to appear at the mediation scheduled for Friday. Chairman Scarborough inquired if Mr. Knox feels it is something the Board should do; with Mr. Knox responding it is up to the Board. Chairman Scarborough inquired if Commissioner Carlson would mind attending the mediation since it was in her District; with Commissioner Carlson responding no.
Motion by Commissioner O?Brien, seconded by Commissioner Voltz, to authorize Commissioner Carlson to attend the mediation scheduled for Friday, December 11, 1998 regarding the Order of Taking for A. Duda & Sons. Motion carried and ordered unanimously.
LETTER TO FLORIDA DEPARTMENT OF TRANSPORTATION, RE: I-95 REST AREA
Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to authorize the Chairman to send a letter to Jim Wood, Traffic Operations, Florida Department of Transportation,
LETTER TO FLORIDA DEPARTMENT OF TRANSPORTATION, RE: I-95 REST AREA (CONTINUED)
requesting consideration of alternatives to provide access to I-95 at the existing rest area in emergency situations. Motion carried and ordered unanimously.
DISCUSSION, RE: ELECTION EQUIPMENT AND A WORKSHOP
Chairman Scarborough stated the Board had a discussion regarding election equipment, and a workshop; Commissioner Higgs thought the County should go out for RFP; and inquired if it was the intention of the Board to have results of an RFP come back to the Board to consider at a workshop, or to discuss whether to go out for an RFP at that time. Commissioner O?Brien responded the Board should wait to decide until the workshop. He stated two years ago the committee voted not to buy new equipment. Chairman Scarborough inquired if the Board wants the RFP results in time for the workshop. Commissioner Higgs stated she would prefer to discuss it at the workshop.
REPORT, RE: COMMISSIONER LIAISON APPOINTMENTS
Chairman Scarborough provided copies of the Commissioner Liaison Appointments to each Commissioner.
RESOLUTION, RE: CONGRATULATING JOSEPH W. ZACK, 1998 FLORIDA FRENCH
TEACHER OF THE YEAR_ _
Chairman Scarborough read aloud a Resolution congratulating Joseph W. Zack as the 1998 Florida French Teacher of the year.
Motion by Commissioner Higgs, seconded by Commissioner O?Brien, to adopt Resolution congratulating Joseph W. Zack as the 1998 Florida French teacher of the year. Motion carried and ordered unanimously. (See page for Resolution No. 98-300.)
Joseph Zack thanked the Board for recognizing him and his accomplishment, the Brevard County School system which provided in service programs and enhancement programs for professional growth enabling him to carry on his duties, Titusville High with its excellent staff and administration which encouraged and promoted student programs, and his parents and students past and present, who are out to make this a better world.
Chairman Scarborough advised that Mr. Zack represents the fine quality of our educational system.
AMENDMENT TO CONTRACT WITH PROFESSIONAL ENGINEERING CONSULTANT, INC.
(PEC), RE: DESIGN REVIEW SERVICES FOR MALABAR ROAD PHASE II
Motion by Commissioner Voltz, seconded by Commissioner O?Brien, to execute Amendment to Contract with Professional Engineering Consultant, Inc. (PEC) for design review services for Malabar Road Phase II. Motion carried and ordered unanimously. (See page for Amendment.)
APPROVAL OF AMENDMENT TO CONTRACT WITH PAULUS, SOKOLOWSKI & SARTOR, _INC., RE: SPACE COAST STADIUM
Motion by Commissioner Voltz, seconded by Commissioner O?Brien, to execute Amendment to Contract with Paulus, Sokolowski & Sartor, Inc. in an amount up to $30,000 for architectural and engineering services for Space Coast Stadium. Motion carried and ordered unanimously. (See page for Amendment.)
AUTHORIZATION TO SURVEY SITE, RE: SHARPES COMMUNITY CENTER
Motion by Commissioner Voltz, seconded by Commissioner O?Brien, to approve the expenditure from General Fund Contingency of $4,460 to survey a ten-acre site for the construction of Sharpes Community Center, and $2,500 for required soil testing at the site. Motion carried and ordered unanimously.
APPOINTMENTS/REAPPOINTMENTS, RE: CITIZEN ADVISORY BOARDS
Motion by Commissioner Voltz, seconded by Commissioner O?Brien, to appoint Kim Carman to the Historical Commission, with term expiring December 7, 1999. Motion carried and ordered unanimously.
APPROVAL, RE: BILLS AND BUDGET CHANGES
Motion by Commissioner Voltz, seconded by Commissioner O?Brien, to approve the Bills and Budget Changes, as submitted. Motion carried and ordered unanimously. (See pages
for List of Bills and Budget Changes.)
NOTIFICATION OF CONTRACT RENEWAL, PERMISSION TO SOLICIT PROPOSALS, AND
APPOINTMENT OF SELECTION COMMITTEE, RE: CONTINUING APPRAISAL SERVICES
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to execute Written Notification of Contract Renewal for the final year with Tuttle, Armfield & Wagner Appraisal and Research, Inc.; Robert W. Houha, MAI; Clayton, Roper & Marshall; W. H. Benson & Company; and Callaway and Price, Inc. for appraisal services; authorize staff to solicit proposals for continuing appraisal services; and appoint a Consultant Selection Committee consisting of Assistant Public Works Director Ed Washburn, Construction Management Director John Denninghoff and County Attorney Scott Knox or their designees, and Land Acquisition Specialists Blaise Mancini and Susan Wellen. Motion carried and ordered unanimously.
REVISED RESOLUTION, RE: FEES FOR ROADWAY AND EASEMENT IMPROVEMENT APPLICATIONS
Commissioner O?Brien stated he is glad to get the rates down to reality; and the telephone calls he has received from various municipalities in his District were not pleasant. He inquired if there were ways to exempt non-profit organizations; with Assistant Public Works Director Ed Washburn responding the Board would need to clarify what situations it would want to exempt from the fees. Commissioner O?Brien stated he would like to exempt all non-profit organizations. Commissioner Higgs stated her concern to exempt all non-profits on a blanket basis as it may be a huge category of entities. She stated the staff could come back with findings of standards that the Board can review at the next meeting.
Motion by Commissioner O?Brien, seconded by Commissioner Voltz, to direct staff to draft criteria for exemption of non-profit organizations from roadway and easement improvement application fees. Motion carried and ordered unanimously.
Chairman Scarborough stated some of the cities were not brought into the loop; and inquired where the County stands with the cities and the dialogue with them; with Mr. Washburn responding staff met with all the cities that have utilities, and invited everyone to come to the meetings. He stated the City of Cocoa uses the most permits and the other cities total about 23 a year. He advised there were no problems with the fee schedule. Chairman Scarborough stated the County has a policy not to do anything that will impact the cities without involving them in the process. County Attorney Scott Knox stated he received two questions from the City of Cocoa; first is if it would be retroactive with existing lines already in the ground; and second, if it would apply to repairs to existing lines. Mr. Washburn responded they do not have to get a permit now and would not have to get one after the fee schedule is approved.
Motion by Commissioner O?Brien, seconded by Commissioner Voltz, to adopt Resolution amending schedule for roadway and easement improvement permit application fees, and provide for collection, where applicable, on a quarterly basis. Motion carried and ordered unanimously. (See page for Resolution No. 98-301.)
APPROVAL, RE: 1999 BOARD MEETING SCHEDULE
Commissioner Voltz advised the January 7, 1999 Board Workshop is for the Comprehensive Plan and Lawn Maintenance; the Board needs to discuss the Housing in January because February 1, 1999 staff will be doing a renewal of the five-year plan; and if it is not discussed in January, it will be too late. She suggested having the Housing Workshop on January 7, 1999. County Manager Tom Jenkins inquired if the Comp Plan Workshop could be moved; with Assistant County Manager Peggy Busacca responding it would significantly slow down the process by several months to bring another Comp Plan back to the Board. Commissioner Voltz stated the Housing Workshop was originally April 15, 1999 meeting. Chairman Scarborough inquired if the Lawn Maintenance Workshop could be moved to the same day as the Goals Workshop; with County Manager Tom Jenkins responding Lawn Maintenance will not take long. Commissioner Higgs inquired if the Housing Workshop could be done on January 7; with Chairman Scarborough responding the Housing Workshop will be held on January 7th and the Maintenance workshop on January 21, 1999.
Commissioner Voltz inquired if the February 4th Workshop is Local Option Gas Tax; with Chairman Scarborough responding yes. Commissioner Voltz stated she would be in Washington during the March 2nd regular meeting; and inquired if the Board would like to have the meeting, or cancel it; with Chairman Scarborough responding he would rather cancel the meeting as he does not like to have meetings with Commissioners not there. Commissioner Voltz advised the March 23rd meeting she would be leaving for Tallahassee by 2:30 p.m. in the afternoon; and stated on March 25th she would not be back until 10:35 a.m., so she would be late for the Workshop. Commissioner O?Brien inquired if the workshop could be moved until 12:00 noon; with Chairman Scarborough responding he would prefer to have it begin at 1:00 p.m.
Commissioner Voltz inquired why there are meetings scheduled for June; with Chairman Scarborough responding the Board can cancel the June meetings. Commissioner O?Brien inquired why there was no Zoning meeting in July; with Assistant County Manager Peggy Busacca responding it would be better to move it back to May 27th instead of July. Chairman Scarborough recommended moving it to May 20 at 5:30 p.m., after the Pre-Budget Workshop. Commissioner Higgs stated she would like to have the July zoning meeting on July 15th; with Ms. Busacca responding there has not been a July zoning meeting for years. Chairman Scarborough stated that would be fine with the Board not to have a July zoning meeting.
County Manager Tom Jenkins stated there is a long period without a meeting from May 25 through July 13th, and contracts, agreements, and engineering plans will be delayed. Commissioner O?Brien stated he would be willing to have a meeting earlier in July; with Chairman Scarborough advising he would prefer to have that time off for a holiday. Chairman Scarborough stated if there seems to be a problem, maybe the Board can decide to have an earlier meeting, if necessary. Commissioner Higgs stated she would like to have January 12th as a day meeting and January 19th as a night meeting.
APPROVAL, RE: PARTICIPATION IN NATIONAL INSTITUTE OF JUSTICE GRANT PROGRAM
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to authorize participation in the National Institute of Justice, Solicitation for Investigator-Initiated Research Grant Program for a Countywide law enforcement information sharing system. Motion carried and ordered unanimously.
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES
Assistant County Manager Peggy Busacca advised the Board directed staff in March to convene a group to discuss the issues arising from the use of off-road vehicles and return with a report; the committee of representatives of the residents and the off-road vehicle enthusiasts identified several issues; and out of that came several options which the Board can consider. She advised the ordinances are not out for public hearing; this is to allow the Board to decide whether it wants to progress to make any changes; and if so, grant permission to staff to advertise a public hearing. Ms. Busacca advised the options include amending the current Ordinance which requires that off-road vehicles be no closer than 300 feet of any residence, except with the permission of the owner or occupant of the residence. She stated the Sheriff?s Department indicated 300 feet is difficult to enforce and suggested a larger distance that would be easier to enforce. She stated 1,320 feet is consistent with the existing Code as far as the distance that motor cross has to be from a residence. She stated the second option requires a Conditional Use Permit for off-road vehicle use, which would require the property owner, through a zoning action, to get permission for off-road vehicles to utilize the property; and there is an option to limit the use of off-road vehicles to specified areas within the County.
Tim Buffaloe advised several years ago he and others came before the Board and asked for the use of County property for a self-funded off-road riding area in Palm Bay; and permission was granted by the Board, but the City of Palm Bay did not grant approval. He stated the fact that Brevard County granted approval indicated it recognized a responsible group of concerned citizens and off-road enthusiasts; perhaps it is time to investigate areas for individuals to use off-road vehicles; all interested users and business owners want to see safe and responsible use of off-road vehicles; and Brevard County could receive available funding to provide for education, a dedicated off-road riding area, and enforce current laws. He stated he is a business owner in Brevard County, responsible for the sale of off-road vehicles and other motorized recreational products; in 1999 his dealership will be on its 20th year in business in this County; and changing the current Ordinance could result in a down turn in sales and income, and possible reduction in staff. He advised responsible users are asking for reasonable recommendations and considerations when it comes to noise regulations, areas of operation, hours of operation, and enforceable laws. He suggested the Board consider all options and take a close look at the affects of its decision. He requested the Board decline to take action on this issue, and enforce the Ordinance that is currently in effect. He asked the audience by a show of hands who support the current Ordinance and who would like to see a dedicated riding area within the County.
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES (CONTINUED)
Chairman Scarborough inquired if the Board sets aside a certain area, are they asking that the Board limit the use to that area; with Mr. Buffaloe responding no. Mr. Buffaloe suggested the Board investigate an area for people to ride; and stated if there are areas to ride and riders are disturbing homeowners, they can be pointed in a direction of a park for that type of vehicles. Commissioner Voltz inquired how many acres they would need for an off-road vehicle park; with Mr. Buffaloe responding with a 1,320-foot buffer zone and a 30-acre riding area, they would need 326 acres to follow the Ordinance for a motor cross park; and there is no where in Brevard County that can offer that. He stated if the buffer zone is changed to 300 feet, it would reduce the required area. He stated another concern is to fence in a 30-acre site. Commissioner Voltz inquired if Mr. Buffaloe could expand on the issue of Palm Bay; with Mr. Buffaloe responding several years ago there was an area being dedicated to horse riding, and soccer fields; and there was an area set aside to allow off-road riding which would be self-funded. Commissioner Higgs advised the park committee, as well as the Palm Bay City Council did not endorse that use in the park. Commissioner Voltz suggested the group go before the Palm Bay City Council.
Conrad Eigenmann advised he handed the Board 1,500 signatures opposing any further changes to any Ordinances referring to any type of ATV off-road vehicles; and the petitions have names, addresses and telephone numbers to prove they are Brevard County residents. He stated off-road riding is a family sport which involves children, wives and husbands; and throughout the State it is a family event. He stated no one is trying to be noisy; and most of the vehicles are well within the DBA requirements. He stated the existing Ordinance is good enough to enforce.
Dan Shoemaker urged the Board to consider the distinction between responsible and irresponsible nuisance riding. He stated there are laws on the books regarding use of medians, public nuisance, and noise; and requested the Board consider the distinctions.
Russell Phoenix stated his objections to the proposed changes in the Off-road Vehicle Ordinance. He stated he lives in Brevard County because of the freedom to be able to ride and be with family and friends.
Jason Phoenix stated it is not a good idea to ban the riding because it is good for children to keep them out of trouble.
Mark King advised he has been an off-road rider for over 20 years; he has a 13-year old son who he would like to pass this tradition on to; and it is a good tool for bonding and teaching him responsibility.
Daniel McKune advised he is an avid off-road rider, and opposes any changes in the Ordinance.
Charles Watson stated he is opposed to any new ordinance; he rides on the trails in question, and he has never seen a nicer bunch of people.
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES (CONTINUED)
Gary Gulick stated he is opposed to the Ordinance changes. He stated many sports that tax dollars pay for are provided by the Board.
Sandra Watson stated she is opposed to any new changes to the Ordinance. She advised she enjoys taking her 9-year old grandson on her ATV; and it is good family entertainment.
Jeffrey Lyman advised he has been riding off-road vehicles for several years; he enjoys Brevard County and the open spaces; and he now has two children who enjoy the same things he does.
John Chase stated his opposition to any changes in the existing Ordinance. He stated it is a bonding thing with the family; and his ATV club has 92 members.
Andrew Steinert advised he likes riding because it keeps him and other kids off the streets and away from gangs and drugs. He stated if it were not for motorcross, some of them would be here for other reasons; motorcross helps him bond with his Dad and friends; and if that is taken away from them who knows what bad things they may pick up as hobbies.
Darren Johnson advised he is a father of three girls; it is hard for a father to get into tea parties; and his girls love to get out on the bike and have a good time. He stated a lot of guys are riding to vent frustrations; and if they do not have this, they may vent somewhere else. He stated it is great for the children to get out and have a good time.
Randall Conley stated his opposition to any changes in the existing Ordinance. He stated he has a five-year old daughter, and he cannot start the four wheeler up without her wanting to be on it. He stated an event is going on January 18, 1999; and it would be nice if there was a local area to ride in.
Fred Kipp stated he has been riding for years; he grew up going camping in areas with his parents where he could ride; and it was a good experience. He stated it is a good way to keep children off the streets and drugs; and it gives them competition.
James Core advised he has pastored a Baptist Church in the County for 30 years, and has never been to a Board meeting; and when one of his men gave him the description of what could be done if the County continues to regulate, he was hurt about the way politics is going. He stated he would like to see some changes. He inquired what constitutes a just law; with Chairman Scarborough responding that is beyond the scope of the meeting; and advised Mr. Core to talk to the Commissioners after the meeting. Mr. Core stated he cannot get the Commissioners on the telephone.
Commissioner Higgs stated the Board may not be able to respond to the depth of the question at this time. Chairman Scarborough advised historically the Board has not tried to get into a question and answer position; and the scope of the question of what is a just law is something studied in philosophy. Commissioner Higgs stated she did not want someone to come before
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES (CONTINUED)
the Board and feel the Board does not listen to people. Commissioner Voltz stated all the
Commissioners are in their offices five days a week; she takes telephone calls frequently; and invited anyone to call her office to discuss this issue or any other issue.
Douglas Latford, representing the Space Coast Four Wheelers, advised currently there are 35 paid members; one of their goals is to promote responsible off-roading and public education; and he opposes the Ordinance changes.
Bryan Johnson advised dirt biking is what he does most of the time and he loves it; it keeps him off the streets and away from any bad things; and he does not want to see it come to an end.
Jim Buffaloe advised he is an honor student and in the gifted student program; when his brother and his friends ride their dirt bikes they always wear helmets and protective gear; they try to ride smart; and they never ride without a parent to supervise them. He stated there are a lot of good children who try to ride responsibly; and it is not fair to judge all of them based on a few bad apples.
Andrew Steinert advised he is the head custodian at Space Coast Middle School in Port St. John and a parent of a 13-year old boy who attends the school; they recently had a community fund raiser, which was a major success; and the reason for the success was the support from the community, Sheriff?s Department, Parks and Recreation, and Space Port Cycles. He stated one day a month they have an activity day; he teaches dirt bike maintenance and repair; there are about 50 classes to choose from; and every year his class fills up first. He stated Space Coast Cycle has donated a scooter for the young people to work on; a lot of the young people enjoy working on the bikes as much as riding them; and requested the Board allow the young people to enjoy themselves in a sport they enjoy.
Matt King advised he wants to protect his right to ride because it keeps young people off the streets and out of trouble.
Walter Dembosky stated his opposition to the Ordinance change. He stated a 1,320-foot buffer will eliminate the use of riding areas by limiting egress and ingress due to the ?-mile exclusion zone or by the unavailability of large riding areas that fit the intent of the Ordinance. Chairman Scarborough inquired what the Sheriff said they needed for more effective enforcement; with Assistant County Manager Peggy Busacca responding the number the Sheriff talked about was closer to 1000 feet; and their issue was the bigger the distance, the easier it will be to convince the judge the deputy could tell whether or not they were in the prohibited zone.
David Sheriff stated he agrees with the other speakers and opposes the Ordinance changes. He inquired how the Sheriff?s Department is going to measure 1,320-feet; and if the County will put the deputies through surveying school?
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES (CONTINUED)
Louis Lemire, Jr. stated there is not a person in the audience who would not stop if you need gas; they are some of the finest athletes in Brevard County; and that means dollars for Brevard County.
Gary Londo advised he is with Legendary Jeep Club, and opposes any changes to the Ordinance.
Kelly Fratz advised on March 10, 1998, he tried to find a solution that was amicable to everyone, and had six different meetings with Peggy Busacca, Sheriff?s Department, and City of Titusville Police. He stated there has to be a solution for people like him who have a trail behind their house to get some peace on the weekends. He stated the trail is County-owned and 15 feet off his back fence. He stated all the people who came to some of the meetings tried to come up with a solution; and it was not their intention to ban ATV?s. He stated the ideal solution would be a park for off-road riding.
Commissioner Higgs inquired if the County has done anything; with Mr. Fratz responding Mr. Jenkins directed staff to erect signs on the trail behind his house, and it has worked somewhat. Commissioner Voltz inquired if 300-feet would be fine; with Mr. Fratz responding yes, because his problem is unique since his house is in the City, and there are an FPL Easement, County Road, then privately-owned property. He advised there has always been a problem of who to call in case of problems.
T. George Dirschka advised he is in support of both of the issues; and does not want to ban the use of off-road vehicles in Brevard County; and he is impressed with all of the families here tonight. He advised he lives 600 feet from a pit where there are hills, with woods all around and bike trails; dirt bikes, ATV?s, and rail buggies come from Bithlow and Union Park to use this area; and it is so bad on the weekends that he cannot step out of his house and have a decent conversation with a visitor. He stated they are there until 2:00 in the morning; it does not happen in only his area but others as well; and the Sheriff?s Department indicated by changing the Ordinance to read 1,320 feet it would be easier to enforce the law. He stated a CUP makes sense; and homeowners are entitled to live in peace and quiet. Commissioner Voltz inquired if the noise in the early morning has prompted Mr. Dirschka to call the police; with Mr. Dirschka responding they have called the Sheriff?s office regularly. Commissioner Voltz stated the Noise Ordinance should be enough to get the noise to stop in the early morning hours.
Edward Higgins advised he moved from Southern Florida about 9 years ago; and part of the reason was for the open spaces in Brevard County. He stated his opposition to changing the Ordinance; and noted it is not a problem with the Ordinance, as much as enforcement.
David Crook advised he is an off-road vehicle rider; and inquired how many people ride after dark or after midnight. He stated he does not.
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES (CONTINUED)
Raymond Bonds, Jr. stated his opposition to Ordinance changes, as he wants his children to have the opportunity to ride like he was able to do as a child.
Grady Crunk stated he had issues with motorcycles and ATV?s coming across his property on Grissom Parkway; he worked with the Sheriff?s Department, and Titusville Police Department, and was able to get in touch with some of the people and work out a resolution to ride around his property; and he found out some of those people are the nicest you have ever met. He advised he now owns four ATV?s and a dirt bike; and if they do bother him, he can catch them. Chairman Scarbrough advised the laws the Board passes only apply to the County, and cities have their own rules and regulations.
Stephen Pitard advised he could not wait until his son turned three so he could ride, and hopes the County does not take that privilege away. He stated he would love to take each Board member to Croons or Dade City to show them what it is all about.
Robert Rathten advised when he was a boy growing up in Satellite Beach, he was told he broke the law for skateboarding on the sidewalks, and that was 18 years ago. He stated they finally built a skate park two months ago in Satellite Beach; but his children and he cannot wait 18 years for a place to ride off road vehicles.
Gene Garner, Jr. stated his opposition to any Ordinance changes.
Leann Thornton stated she supports Gene Garner; they should have a right to ride; and she opposes any changes in the Ordinance.
Rudy Waller advised he moved to Brevard County recently from a small country in Central America; they had a dictator there, and did not have the right to do a lot of things; and he came to Florida because it is supposed to be the land of the free. He stated he moved here six months ago, and found out he moved into the only county in the whole nation that may come up with a change to its Ordinance so he cannot ride.
Charles Aucoin advised he is opposed to any Ordinance changes; he does own a four-wheel drive vehicle; and if there are any considerations for an off-road park, it should include arrangements for four-wheel vehicles.
James Mazza advised he hopes any changes would not take away a landowner's right to use his property. He stated a lot of the people have property with several acres and would hate to see them not be able to use the land they paid good money for.
Michael Weinert advised he is a member of Space Coast Four Wheelers and United Four Wheel Drive. He stated his opposition to any changes to Section 106.3 from 300 feet to 1,320 feet; and he does not want to see anyone?s rights violated.
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES (CONTINUED)
James Jeffers advised he opposes any changes to the Ordinance; and noted the only way to designate areas is if they are county-owned land. He stated State and federal funds, and gas taxes should be available. He stated as far as designated areas on the County?s behalf, there is
a lot of help out there; and he would appreciate the Board looking into that. He stated the
organizations try to educate people on off-road riding; if they had a designated area they could control the riding areas. He advised they can bring people from other states to Brevard County and say look what we have ? camp sites, camp overnight, ride bikes. He advised the County can make money from this; he pays $30 each for him and his child to ride on someone?s land; and they get from $1,500 to $5,000 to let people ride on their land for two days.
Tim McCarthy advised he pays to ride in other than Brevard County, so it can be profitable for the County to have an off-road park.
Michelle Osborn advised she has been riding a long time and her children have just started to ride; and if there is no where for them to ride, they will have to go out of town. She stated her opposition to any Ordinance changes.
Tom Mahone advised he has been to all of the meetings; there has never been a meeting of the minds of what the problem is; most of the people on the homeowners' side think all off-road vehicle riders are the same; and the Ordinance as it is now is adequate.
Gary Olson advised he started riding ATV?s 2 or 3 years ago; he has a 13-year old boy who is on his 4th motorcycle; he goes to Florida Trail Riders Sanctioned races throughout Florida; and he rides the trails throughout Brevard County. He stated Tico Airport has some of the nicest trails to practice on; and the money involved in riding motorcycles is extreme.
Jeb Bynum advised he is a member of the Legendary Jeep Club; they sponsor trail clean-up; and they would gladly sponsor an advisory committee to continue education. He stated he appreciates the time staff put into the Ordinance; and the Board should just readdress the issues and not make any changes to the existing Ordinance.
Lee Daley advised he has been riding dirt bikes in the County for 29 years, and opposes any changes to the existing Ordinance. He stated it is unfortunate a few irresponsible off-road riders can create a situation that threatens the recreational opportunities and lifestyles of responsible off-road riders. He advised one possible solution was touched upon by a memorandum from Peggy Busacca; if the property is posted anyone can enforce trespassing; therefore, the need to adopt a conditional use permit may be reduced if the property is posted. He stated the Noise Ordinance and trespassing are two options the Board can look into before passing the proposed ordinance changes.
Mary Lynn Braden advised she has been a motorcyclist since 1975; it is a wonderful way to raise a family; and her children are into athletics and fitness, not drugs. She stated all of the children have a greater appreciation of the environment; and suggested the County enforce the existing Ordinances.
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES (CONTINUED)
John Page inquired if the proposed Ordinance passes, what is to say the 1,320 feet will not increase to 3 miles before it is over; and stated strong opposition to changes in the existing Ordinance.
Greg Hullinger advised over the last 20 years he has seen areas where a lot of youth rode off-road vehicles; and his son is one of them. He stated years ago there was a beautiful dune off of Sisson Road, but it was developed; and they need a multi-access facility instead of one area for one group of people. He stated they have the most beautiful beach in Florida, which is Playalinda, and no access to get there. He stated his children come first; and if there is a problem with his child, he does not want the County to pass an Ordinance and arrest him.
Mark Thornton advised he had a lot to speak about tonight, but other speakers have covered everything he was going to say; they have come up with much better solutions; but it will take some time to implement. He stated changing the Ordinance is a drastic measure.
Joe Ross stated his opposition to changes to the existing off-road vehicle Ordinance. He stated a little education for a few inconsiderate riders should not spoil it for those who ride intelligently.
Jacqueline Ross advised dirt biking is a great hobby for children to get into; and it also keeps them out of trouble.
Mark Thornton advised if the Board wants children to stay off drugs, give them a hobby; his hobby is dirt biking; there are a lot of great hobbies; but a lot of them include sitting on the couch and watching TV. He stated dirt biking keeps him athletic; and his parents say no riding unless he does well in school.
Linda Baron advised she is a member of FTR/Sun Coast Trail Blazers, and the Treasure Coast Trail Riders out of Vero Beach; she opposes amending the existing Ordinance; and would like to see the County bring a park to Brevard. She advised she and her husband go out of the County to ride off-road; and if they stay in a motel it is $50 and $200 for food for a weekend. She stated all of the items needed for riding can be purchased in Brevard County; therefore, a park would be good here; and she would be willing to pay taxes for it, since they pay taxes for things they do not want.
Thomas Wright inquired if the Board expected this tremendous response on this item; with Chairman Scarborough responding based on the number of calls he received, the number of people at the meeting far exceed that. Mr. Wright advised he has been in Brevard County for 14 years, but did not know what the Board?s image would be of the sport.
The meeting recessed at 8:22 p.m. and reconvened at 8:30 p.m.
Chairman Scarborough advised there are two questions before the Board; to change the 300 feet to a wider radius, and if staff should explore the possibilities of locating specific sites designated for off-road use. He stated it would be nice to look at several sites.
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES (CONTINUED)
Commissioner Voltz stated education is the key; the audience is willing to educate; and she does not want to see more rules or regulations if there is another way to handle the situation. She stated the current Ordinance is fine; and suggested putting together a group from the riders to police themselves. She stated if the Board would like to put together a committee made up of the people from the trail riders and organizations, that is where it should focus. She stated the homeowners are against the noise, not the riding itself; and recommended Peggy Busacca look into the possibilities of funding for a park of this nature. She stated she is not familiar with what happened with Palm Bay Regional Park; but it is an ideal spot for something like this. She suggested staff do research on the land the County owns at Palm Bay Regional Park, with a possibility of a proposal to the City of Palm Bay for its approval.
Commissioner Higgs stated the message is loudly received of the importance to have recreational opportunities in Brevard County and open space. She stated people are concerned about what happens with their leisure time; the Board had problems presented to it by citizens in the past much the same way it has tonight; and various alternatives were given to the Board on how it could address the problems. She stated the Board did not have one particular solution given to it, but a number of options were given to consider; listening to the comments she got the impression that some people think it came with just one alternative; but there were a variety of alternatives presented to the Board for its consideration. She advised the problems residents have should still be addressed. She stated the Board needs to send a memorandum from the County Attorney to the Sheriff and State Attorney raising the issue if the Board is allowed to use the Noise Ordinance to address the problem. She advised the Ordinance does not deal with decibels, it deals with loud and ruckus; and if there is some lack of knowledge on the part of some deputies and their inability to use it because they do not understand it, the Board needs to address it. She recommended the County Attorney send that letter to be sure that the County has enforceability on the Noise Ordinance to deal with the problem of the homeowners, and that the Sheriff feels that the deputies are fully knowledgeable on how to enforce that. Commissioner Higgs advised people feel the existing Ordinance, if enforced fully, can solve the problem of the homeowners and allow people to continue enjoying this activity. She stated if that is the case, it needs to ask Sheriff Williams if it is a problem of additional allocation for overtime to have someone available to deal with this problem. She advised of the availability of additional land for the off-road vehicles to use. She stated on County-owned land the Board can have some control; that could be paid for through fees; and the Board should move on that. She stated in addition to exploring buying land, the Board should explore, with current land owners who are interested and willing to allow these activities, some usage agreements with the County, and bring those to the appropriate staff so the Board can move on those as well.
Commissioner Carlson advised she was on the Parks and Recreation Board for the South Service Sector for many years, and dealt with the issue of compatibility and finding designated areas and land to provide for all of the different types of sports they would like in this County. She stated one of the reasons the Palm Bay City Council sidetracked the Palm Bay Regional Park was because of compatibility issues; staff has worked very hard in looking for areas for
STAFF REPORT, RE: REGULATION OF OFF-ROAD VEHICLES (CONTINUED)
recreational purposes such as this; and the Board may want to look at federal lands or
other options that could be utilized in some fashion. She inquired if Ms. Busacca knows anything about the land that was set aside for the Dusky Seaside Sparrow; which is beyond Fay Lake Park; with Assistant County Manager Peggy Busacca responding no, she cannot address that. Chairman Scarborough advised he has entered into a discussion with the Wildlife Refuge staff on the potential of letting the County utilize the property. He stated they are going to do a full study on all types of things; and that property could some day be used for greater things. Commissioner Carlson stated it would be good for the audience to address this on a State level; they are coming up with a legislative delegation meeting soon; so maybe that would be the right venue. She stated it is December 10, 1998 at 1:30 p.m. in the Commission Chambers.
Commissioner Voltz inquired where the Port St. John off road vehicle park is standing; with Chairman Scarborough responding that has evolved into a whole youth complex with other types of sports. Commissioner Voltz stated she thought it was specifically for an off-road vehicle park. Chairman Scarborough advised at one time they were having the major off-road vehicle type events there, but the liability issue became so great it forced the closure of those events.
Commissioner Higgs advised she is willing to support the initiatives to look at other enforcement issues tonight, and not change the Ordinance. She stated she has listened to the people, and there are other avenues to explore; but six months from now if the same complaints are being heard, the Board could consider an alternative they do not like. She stated the Board needs the people's help to make it work; and since enforcement is an issue, the Board is willing to look into that.
Commissioner O?Brien stated the Sheriff has citizens-on-patrol; and perhaps some members of the club would volunteer with the Sheriff to be trained as a citizen-on-patrol. Commissioner Voltz inquired how citizens-on-patrol work; with County Manager Tom Jenkins responding they are certified by the Sheriff, and if they have a law enforcement problem they contact a deputy sheriff.
Motion by Commissioner Higgs, seconded by Commissioner Voltz, to prepare a letter to Sheriff Philip Williams and State Attorney Norman Wolfinger inquiring if there is a means of bringing about better enforcement of off-road vehicles, inquire whether the Noise Ordinance should be changed to improve enforceability, and whether there is a problem with availability of manpower for enforcement; recommend use of citizens-on-patrol to patrol off-road areas; direct that the letter be circulated to all Commissioners for comment; direct staff to look at areas for off-road vehicle events, visit similar facilities in the State, and report to the Board; and direct staff to communicate with the Executive Committee for lists of volunteers for citizens-on-patrol. Motion carried and ordered unanimously.
DISCUSSION, RE: ORDINANCE AMENDING DEVELOPMENT STANDARDS WITHIN WEST CANAVERAL GROVES
Dick Gregory advised most of the people he corresponds with are for the options put together by Peggy Busacca; most people are agreeable to a 20-year program at $33.93 per year for road paving, 20 years at $129.00 per year for city water, and 20 years at $14.38 per year for hydrants along Satellite Boulevard. He noted those figures are approximate. He advised he drove on Satellite Boulevard with a few Commissioners, and they asked what was wrong with the road; and inquired if it would be possible to use State gas money to pave Satellite Boulevard; with Chairman Scarborough stating the Board will get a report from staff on that question.
Gregory Luttrell advised he is in favor of paving Satellite Boulevard, and bringing water in, but would like to leave all other roads as dirt roads. He stated it would be better for the residents to have the main waterline with the fire hydrants since next year will be a dry season again.
Scott Turner stated he prefers to leave the land like it has been forever.
Jerry Wall advised he has owned property in West Canaveral Groves for over 12 years; he is now a resident there; and he likes the Groves the way they are. He stated he lives in the Groves because he likes the peace and quiet, and the space and nature; it is like getting back to his roots; and he does not have the noise and aggravation that he had in town. He advised it is a more simple, less complicated life; and whatever the Board decides to do, he would appreciate it if it could be fair to those who live in the Groves, and take into consideration that not everyone is able to come into compliance for a variety of reasons. He stated while the Board is trying to give the residents what they think of as essential, the residents may not feel the same; if the residents want asphalt and concrete, they would have stayed in town; some paving would be fine at a reasonable cost; but if all the improvements come about, he will be taxed out of existence.
Lynn Knight advised she owns two acres in West Canaveral, and hopes to become a resident soon; the Groves is a unique area; and the people who live there differ from other residents of Brevard County. She stated she has noticed, since attending the meetings for the past few months, that people seem to represent a different lifestyle; and the people who live there are looking at it as a permanent residence, a rural homestead, and a long-term lifestyle. She stated most residents are willing to forego any unnecessary amenities, and do more for themselves in order to be able to afford to live there long-term.
Wanda Pershy advised she agrees with the previous speakers; she lives on a small income and really loves living in West Canaveral Groves; and she would not mind water, but do not want paved roads.
Art Watts advised he is for bringing the roads up to compliance, and bringing city water into West Canaveral Groves. He stated he would like to see something done with the roads, as some of the roads a person could lose a car in.
DISCUSSION, RE: ORDINANCE AMENDING DEVELOPMENT STANDARDS WITHIN WEST CANAVERAL GROVES (CONTINUED)
Don Whidden advised for 35 years the situation has existed with West Canaveral Groves; and before the Board keeps blaming the property owners for the situation that exists, it should know roads were given to the County and the County gave them back. He stated he has had permits to build for some time now, but will not build until he finds out what is or is not going to be done.
Chairman Scarborough advised he did not go to all of the meetings, but did attend the last one Peggy Busacca conducted; there was a difference of opinion, but Ms. Busacca did take a poll of people at the meeting; and several options exist. Assistant County Manager Peggy Busacca advised the Board has a package with a copy of a memo dated November 12, 1998 talking about the different options. She stated the options provided were to pave all the roads, pave Satellite Boulevard only, pave Satellite Boulevard and improve the side roads to unpaved road standards, and to improve the unpaved roads throughout; and to improve the unpaved roads throughout was the most widely supported option. Ms. Busacca stated overwhelmingly the people wanted water service to all lots; the cost of the water to all lots was relatively inexpensive; and affordability was a large issue.
Chairman Scarborough stated staff may want to look at the concept of right-of-way, since there were questions regarding the right of the County to be on that property. He inquired if a survey is conducted, could it qualify for special funding; with Ms. Busacca responding based on preliminary work, there is potential that a large percentage of the population would meet the low to very low income levels; and if an adequate survey was conducted to find out what the income levels were, they would probably be eligible for grant funding. She advised it is a sensitive issue regarding how much money a person makes, but without that information staff cannot move forward.
Commissioner Voltz stated the Board has to do something about this issue, not give it to Peggy Busacca, and do nothing about it. She stated it is a safety issue in West Canaveral Groves; if there is a fire there, the County's trucks cannot get on the side roads; and the Board must decide what is more important, the long-term safety issue or someone's lifestyle. She stated the roads must be done to unpaved road standards; and the residents someday will appreciate that. She stated it is the Board's job to protect them from the fires and other hazards that go along with living in an area like that.
Commissioner Higgs stated the Board needs to address the right-of-way issue, it has not asked people since 1993 to give right-of-way; so staff needs to send letters to the property owners to get that right-of-way. She stated water and fire hydrants for the safety of people are essential; and so is getting safe access to homes for rescue vehicles. She stated the Board has to deal with West Canaveral Groves in the context of other developments in Brevard County; and if the Board says dirt roads to County standards which take care of drainage is okay in West Canaveral Groves, there are other places in Brevard County that would also like to keep dirt roads. She advised it is a Countywide policy call the Board will have to make.
DISCUSSION, RE: ORDINANCE AMENDING DEVELOPMENT STANDARDS WITHIN WEST CANAVERAL GROVES (CONTINUED)
Commissioner O'Brien stated Dick Gregory had a good idea to pave, and have water and hydrants up Satellite Boulevard; residents who live on side roads do not want them paved; Satellite Boulevard would be a good starting point; but he would not want to go beyond that. Commissioner Voltz stated the Board needs to address the roads that have multiple homes on them.
Commissioner Carlson inquired if the County is legally bound to deliver EMS services to West Canaveral Groves, how can it be held accountable via the road system; with County Attorney Scott Knox responding there is not a quick answer to give; the County has responsibility for operational functions, but not planning functions; and he does not know if failure to put roads out there falls into one of those categories. He advised he believes it to be a planning function, but someone may try to prove it is an operational function.
Commissioner Higgs advised as long as the Board allows people to continue to pull building permits on those non-streets, it will increase the problems. She stated on those streets where there are no homes, the Board should consider a mechanism for now allowing development until such time as there is a County approved right-of-way, so the problem does not continue to roll into a bigger problem. Commissioner Voltz advised the Board has not been willing to make the tough decisions to address this problem. Chairman Scarborough inquired where will the County get the money to do some of those things; with Commissioner Voltz responding Option No. 3 for roads says it will cost $245 a year for 20 years. Chairman Scarborough stated historically the Board has used 75% to move forth with an MSBU; the last time the Board went out for an MSBU it had only 25% in favor; but the water service looks like it has a chance, and the Board should go with the MSBU for water. He stated these are target areas identified for CDBG funds. Commissioner Higgs advised she is willing to consider some use of the District 1 MSTU funds for paving; and understands Chairman Scarborough has used $200,000 of gas tax money for some paving projects. She stated she is willing to support some combination where there are existing homes, but will never support the use of those funds in an area where it is totally vacant land. She stated if there are people living there who have been there a while, she will give some consideration for use of public monies. Chairman Scarborough stated he sees some interest by the residents to be polled on some MSBU questions which indicates that staff should go back out and ask the question anew.
Commissioner Voltz advised the Board cannot look at funding until it finds out exactly what the residents want. Chairman Scarborough stated staff would need to do an MSBU polling; and if the MSBU polling comes back favorable, then the Board can move forth. Commissioner Voltz stated the Board also needs to look at putting in fire hydrants on Satellite Boulevard for safety reasons. She stated there will be some residents who want to hook up to water and some who do not; but it is up to the Board to protect the residents; and one way to do that is to install hydrants.
DISCUSSION, RE: ORDINANCE AMENDING DEVELOPMENT STANDARDS WITHIN WEST CANAVERAL GROVES (CONTINUED)
Commissioner Voltz stated the residents want something done with the roads and full water service to all lots; that is a clear majority; and inquired if the Board could focus on an MSBU for
those issues. She stated if the residents want just water along Satellite Boulevard, paving of Satellite Boulevard, and the side roads brought up to unpaved standards, it would cost a total of $375 a year. She stated if they want the side roads brought up to standards and water all over it would be $260 a year. Chairman Scarborough stated the County should go out for an MSBU on those issues. Commissioner Voltz stated staff needs to start the paperwork to go out for an MSBU.
Commissioner Higgs stated if the residents say no and the Board is left with a no vote and no support for moving on any of the issues, it leaves the Board with the unfortunate decision that it cannot let this go on. She advised it would be irresponsible to continue to allow people to move in there. Chairman Scarborough stated he would like to start by seeing where it stands at this time with the community.
Chairman Scarborough passed the gavel to Vice-Chairman Higgs.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to instruct staff to develop a questionnaire for the people in the West Canaveral Groves area concerning an MSBU for full water service to all lots, with the caveat that if there is substantial support in some areas, the County can segregate areas and do the project without doing the entire area. Motion carried and ordered unanimously.
Commissioner O'Brien inquired if Satellite Boulevard is an arterial road; with Commissioner Scarborough responding most likely, because it has many roads that connect to it and services not only the people who live on it but the roads that connect to it. He stated only seven of the people who came to the meeting indicated they were interested in paving Satellite Boulevard. Commissioner O'Brien stated none of the other roads have been brought to the Board on a regular basis as this one has been. Commissioner Scarborough stated the Transportation Advisory Committee meets a number of times every year and constitutes a large number of people from Volusia County line all the way to Cocoa. He stated they go on buses, and have done it for five or six years now, and look at prioritizing roads.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to develop a questionnaire for the people in the West Canaveral Groves area concerning an MSBU for paving options 3 and 4, paving Satellite Boulevard and unpaved side roads, or acceptance of unpaved roads throughout the area. Motion carried and ordered unanimously.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct staff to request donation of road rights-of-way from property owners. Motion carried and ordered unanimously.
DISCUSSION, RE: ORDINANCE AMENDING DEVELOPMENT STANDARDS WITHIN WEST CANAVERAL GROVES (CONTINUED)
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct Assistant County Manager Peggy Busacca to get economic data from the residents to determine if they qualify for any special benefits. Motion carried and ordered unanimously.
Ms. Busacca stated there are two issues in the Ordinance that she would like the Board to address. She stated because the County is going out for surveys, she would like to know specifically what area it is; as the West Canaveral Groves area includes property south of State Road 520, and north of the Beeline which are not accessed by Satellite Boulevard.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to modify the legal description of the area in the Ordinance to exclude properties south of SR 520 which are not platted as West Canaveral Groves and areas north of the Beeline Expressway which are not accessed by Satellite Boulevard. Motion carried and ordered unanimously.
Ms. Busacca stated the Ordinance says if people with existing permanent structures have not come into full compliance by June, 1996, the structure would be considered illegal and Code Enforcement would proceed. She advised staff has not moved forward on that; however, they would like to change the date or begin to enforce it. She stated the date staff recommended was June 30, 2000. Commissioner Scarborough stated most of the people would come into compliance if they could.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to modify the date for existing, permanent structures in West Canaveral Groves to come into compliance with the Ordinance by June 30, 2000. Motion carried and ordered unanimously.
Commissioner O'Brien stated the Board is trying to be as kind as possible, but when will it start enforcing the Ordinance so that people who are there are treated the same as other people who face the same problem. Ms. Busacca stated there are Code Enforcement and Building officials who drive through that area two to three times a week; and if a new development is occurring they stop them. Commissioner O'Brien stated two years ago they counted 96 homes that were built without permits. Ms Busacca stated she has not done a survey since December, 1997, but staff began active code enforcement at Board direction within the last year. Commissioner Scarborough stated he wants to help the people who are out there, but does not want to have another 240 homes built without permits the next time he gets a report. County Manager Tom Jenkins stated staff is enforcing the Codes at this time; and if someone builds today, staff is enforcing the Codes.
Commissioner Carlson inquired if there is a time frame for staff to complete this; with Ms. Busacca responding they could get the questionnaire out within 30 days, but getting it back
DISCUSSION, RE: ORDINANCE AMENDING DEVELOPMENT STANDARDS WITHIN WEST CANAVERAL GROVES (CONTINUED)
would take some time. She stated many are absentee owners and would need additional time
to process. Commissioner Carlson inquired what will the Board do with the people who do not respond to the questionnaire. Commissioner Voltz stated if a no response vote is a yes vote, people would have a tendency to respond. Commissioner Scarborough advised he will not support that; and to presume a no response is a yes vote is not the correct way to do it. Vice-Chairman Higgs suggested not calculating a non-vote. Commissioner O'Brien inquired if the people being questioned are also notified if they vote no, that any idea of ever getting a building permit is going out the window with that vote. Commissioner Scarborough advised there are people not getting permits who are going out there and not caring about the roads or water. Commissioner O'Brien stated the Board needs to put an end to it, and go out there twice a week and enforce the Codes. Commissioner Higgs stated the Board needs to consider the options.
Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to direct that language be included in the questionnaire addressing the possibility of not issuing any more building permits in the West Canaveral Groves area until certain things occur; and direct staff to bring the questionnaire back to the Board. Motion carried and ordered unanimously.
Jerry Wall stated the Board has made many valid points, but some things still need to be addressed. He stated it is possible to have a different lifestyle, have a good quality of life, and be perfectly safe and happy. He stated when it comes to water, power, and sewage, they can have solar, reverse osmosis, septic systems, composting toilets, and be completely off the grid yet be perfectly safe, healthy, and have a good quality of life. He advised they receive a bill for trash pick-up, and there is no trash pick-up out there and never has been. He stated if they call and say there was a mistake, they have to come in, fill out paperwork, and furnish an affidavit that they did not get trash pick-up; and it has to be verified before they are not charged. He advised it is a small amount of money, but how many people live out of town or out of county who get the bills and do not realize they are paying for trash pick-up they do not have. He stated as far as Satellite Boulevard being an arterial road, Satellite connects to Canaveral Groves proper by way of Palmetto; and it is a dirt road, but it connects all the way to Canaveral Groves proper. He stated some people want Satellite Boulevard to become another Grissom Boulevard; that would be a big mistake; if one travels Satellite Boulevard from SR 520, he can go through to Canaveral Groves. He stated he has a double-wide trailer on his property; and if he can get a double-wide trailer in there, they can get emergency vehicles in there.
Chairman Scarborough advised anyone who wants a copy of the letter going out to the community, can give their name to Ms. Busacca or him and they will make sure a copy is sent. He stated the Board needs their input, and if it is not done right, it will all be for waste. Commissioner Voltz stated when the Board looks at an issue it must look at it Countywide, and cannot look at just one area.
WARRANT LISTS
Upon motion and vote, the meeting adjourned at 10:20 p.m.
ATTEST: _______________________________________
TRUMAN G. SCARBOROUGH, JR., CHAIRMAN
BOARD OF COUNTY COMMISSIONERS
BREVARD COUNTY, FLORIDA
________________________
SANDY CRAWFORD, CLERK