MINUTES OF THE MEETING OF THE BOARD OF COUNTY COMMISSIONERS

BREVARD COUNTY, FLORIDA

 

 

April 24, 2007

 

 

The Board of County Commissioners of Brevard County, Florida, met in regular session on April 24, 2007, at 9:07 a.m. in the Government Center Commission Room, Building C, 2725 Judge Fran Jamieson Way, Viera, Florida.  Present were:  Chairperson Jackie Colon,  Commissioners Truman Scarborough, Chuck Nelson, Helen Voltz, and Mary Bolin, County Manager Peggy Busacca, and County Attorney Scott Knox.

 

 

The Invocation was given by Pastor Jeremy Coppock, Faith Baptist Church, Titusville, Florida. 

 

 

Chairperson Jackie Colon led the assembly in the Pledge of Allegiance. 

 

 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to approve the Minutes of the February 15, 2007 Workshop, February 20, 2007 Workshop, April 5, 2007 Zoning meeting, December 14, 2006 Workshop, and February 6, 2007 Regular meeting.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Scarborough read aloud a resolution proclaiming May 2007 as Older Americans Month.

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution proclaiming May 2007 as Older Americans Month.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough presented the Resolution to representatives of the Brevard Commission on Aging and the Community Services Council, who expressed appreciation to the Board.

 

A representative of Project Fight Back advised of an upcoming program at the West Melbourne City Council Chamber on May 17, 2007, from 1:30 p.m. to 3:30 p.m.; and invited the community to attend.    

 

 

Commissioner Nelson read aloud a resolution proclaiming May as Workforce Development Professionals Month to honor all those individuals of the Brevard Workforce Development Board and Brevard Job Link who play a vital role in the County’s economy. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution proclaiming May as Workforce Development Professionals Month.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson presented the Resolution to Lisa Rice, Executive Director of Brevard Workforce Development Board who requested everyone associated with the Brevard Workforce Development Board or Job Link to stand.  A large group of individuals stood in support.  Ms. Rice commented on the efforts of the Workforce Development Board and Job Link.

 

Chairperson Colon stated the Board is thankful for the work being done by the groups as it is devastating for someone to lose his or her job. 

 

 

 

Chairperson Colon read aloud a resolution proclaiming the week of May 21 through May 28, 2007 as National Beach Safety Week.

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution proclaiming May 21 through 28, 2007 as National Beach Safety Week.  Motion carried and ordered unanimously. 

 

 

Chairperson Colon presented the Resolution to Fire Rescue Chief William Farmer and the Chief and Assistant Chief Lifeguards.

 

Chief Lifeguard Wyatt Werneth advised of an event to be held during National Beach Safety Week where he will attempt to set a world record by making longest paddleboard journey in history, 300 miles from Miami Beach to Cocoa Beach.  

 

 

RESOLUTION, RE:  PROCLAIMING BREVARD COUNTY VOLUNTEER APPRECIATION
     DAY                                                                                                                                                                       

Commissioner Voltz read aloud a resolution proclaiming April 24, 2007 as Brevard County Volunteer Appreciation Day. 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to adopt Resolution proclaiming April 24, 2007 as Brevard Volunteer Appreciation Day to honor all volunteers for their efforts in participating in various County programs and the community at large.  Motion carried and ordered unanimously. 

 

           

Commissioner Voltz presented the Resolution to Volunteer Coordinator Paulette Davidson and various representatives of the volunteers.  Ms. Davidson presented a check to the Board  representing 836,000 hours of volunteer time; and commented on volunteerism.  Liz Lee, representing United Way, presented a check representing $313,208 in volunteer time.  Mona Ray, Criminal Justice Services Volunteer Coordinator, introduced Patty Williams and Melanie Fouche; and commented on volunteerism.    

 

 

 

Commissioner Scarborough read aloud a resolution proclaiming May 2007 as Mental Health Month. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Voltz, to adopt Resolution proclaiming May 2007 as Mental Health Month.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough presented the Resolution to Wayne Holmes, Chairman of the Commission on Mental Health and Community Solutions who expressed appreciation to the Board.  Sheriff Jack Parker advised of the Committee’s tireless dedication.  Mr. Holmes introduced other members of the Committee who were present.    

 

 

 

Commissioner Scarborough stated this represents the passing of history; and read aloud a resolution expressing appreciation to the Woman’s Club of Titusville and acknowledging receipt of a check in the amount of $35,370.11 to be used for a fountain at the Chain of Lakes Park.

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to adopt a Resolution expressing appreciation to the Woman’s Club of Titusville, which is disbanding after 107 years, for its donation of $35,370.11 for a fountain at Chain of Lakes Park.  Motion carried and ordered unanimously. 

 

 

Commissioner Scarborough presented the Resolution to a representative of the Woman’s Club. 

 

 

 

Commissioner Bolin introduced the members of the 2007 Satellite High School Business Ethics Team, Melissa Goude, Roya Tran, Katherine Fraser, and Jessica Stern and Coach Joe Scott.  She read aloud a resolution recognizing the Team for its State Championship Title.

 

Motion by Commissioner Bolin, seconded by Commissioner Voltz, to adopt a Resolution recognizing the 2007 Satellite High School Business Ethics Team for its State Championship

Title.  Motion carried and ordered unanimously. 

 

 

Commissioner Bolin presented the Resolution to the team, which expressed appreciation to the Board.

 

 

 

Commissioner Nelson read aloud a resolution recognizing November as Family Month. 

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt Resolution recognizing November 2007 as Family Month.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson stated he has been asked why this is being adopted so early, but it will be used all summer, culminating in November 2007.  A representative of the community stated it is a well-worded Resolution; and it will be used to urge groups to work together to focus on and to help families.        

 

 

 

Chairperson Colon commented on the Annual Guns and Hoses Softball Game held at Space Coast Stadium between the Brevard County Sheriff’s Office and Brevard County Fire Rescue, with all proceeds going to benefit Haley Smith of Palm Bay.  She read aloud a letter from Haley Smith.  Sheriff Jack Parker thanked the Board for its participation in the benefit for Haley Smith; and advised over $22,000 was raised during the event.

 

 

 

Sheriff Jack Parker introduced the fourth grade class of Teacher of the Year Melanie Petty from Atlantis Elementary School, which was given the honor of naming the new mascot for the Brevard County Sheriff’s Office; and presented a plaque to Ms. Petty.  He introduced the new mascot, Deputy Courage, to the Board; and the class placed Deputy Courage’s nametag on him.  Ms. Petty advised it was a wonderful honor to name Deputy Courage; and her class had a lot of fun.     

 

 

 

County Manager Peggy Busacca advised on Wednesday, April 25, 2007 the Board will have a joint meeting with the Town of Malabar; Chairperson Colon and Vice Chairperson Scarborough will not be able to attend; and requested the Board appoint an acting Chairperson for the meeting.

 

Chairperson Colon suggested Commissioner Voltz chair the meeting.

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to appoint Commissioner Voltz as acting Chairperson for the meeting with the Town Council of the Town of Malabar on April 25, 2007.  Motion carried and ordered unanimously.

 

 

 

County Manager Peggy Busacca stated the Space Coast Guardianship Association has requested permission to erect a memorial to Judge Barlow in the grassy area in front of the library at the Harry T. and Harriette V. Moore Justice Center; and advised the group will handle the cost.  She stated the plan is to have a fountain, benches, trees, and shrubs; and Facilities has no problem with it. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission for the Space Coast Guardianship Association to erect a memorial to Judge Barlow at the Harry T. and Harriette V. Moore Justice Center with all costs to be borne by the Association.  Motion carried and ordered unanimously. 

 

 

 

County Manager Peggy Busacca requested Item VIII.A.3, Contract for Sale and Purchase with Welchwood Enterprises, Inc., Re:  St. Johns Heritage Parkway, be deleted.  The Board reached consensus to delete the item from the Agenda. 

 

 

 

Chairperson Colon advised of the death of West Melbourne City Councilman Duke Salberg; and the Board observed a moment of silence.

 

 

 

Chairperson Colon invited the community to visit the Veterans’ Wall and Reunion at Wickham Park; and advised it is an opportunity to thank the men and women who served their country.  She stated the wall belongs to Brevard County; and Commissioners Nelson and Bolin visited the wall. 

 

 

 

Chairperson Colon advised of a Relay for Life event that was held at Bayside Lakes High School on April 20, 2007; and thanked those who participated.

 

 

 

Commissioner Scarborough stated he received an email from Legislative Coordinator Leigh Holt advising there is a lack of funding for Space Florida; what has been agreed to is $7 million, which is insufficient; and the EDC reports that loss of 8,000 jobs will have an economic impact on the County of $1.4 billion annually. 

 

 

 

Commissioner Voltz congratulated the firefighters on their 19-11 win over the Sheriff’s Department in the Guns and Hoses softball game.

 

 

 

Commissioner Voltz requested permission to travel to the Spirit of America Florida Neighborhood Conference in Sarasota, Florida in June 2007. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Bolin, to grant permission for Commissioner Voltz to travel to the Spirit of America Florida Neighborhood Conference in Sarasota, Florida from June 14 through 16, 2007.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Voltz advised of a community prayer chain to be held at Evans Grocery Store at  Randolph Street and Florida Avenue at 6:30 p.m. on May 17, 2007.

 

 

 

Chairperson Colon commented on a summit that was held by new Melbourne City Councilman John Thomas; stated he is a former police officer and coach; and expressed appreciation to Councilman Thomas. 

 

 

 

Commissioner Voltz requested Item VIII.D.1, Approval, Re:  Modular Rate Fee for Fire Service Special Assessment be tabled to the next meeting, as she has not been able to meet with Chief Farmer.

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to table consideration of modular rate fee for Fire Service Special Assessment to the next meeting.  Motion carried and ordered unanimously.

 

 

 

Commissioner Bolin advised of a ribbon-cutting at the Viera Wetlands Visitors’ Center on April 21, 2007; stated funding is through a grant derived from the wildflower license plate; and displayed pictures showing the site, the gazebo, a butterfly garden donated by Rockledge Gardens, and wildflowers.  She stated the site can be toured by car; and invited the community to visit the site at the end of Wickham Road.    

 

 

Commissioner Bolin stated Keep Brevard Beautiful started its Trash Bash on Saturday; and commented on going to the Satellite Beach site.

 

Larry Weber, Keep Brevard Beautiful, stated this is the 23^rd Trash Bash; due to the weather there were only 1,000 volunteers; there are 31 sites; and they collected 220,000 pounds of trash.  He noted this year they are having Trash Bash Month.  He stated usually each year there is a Commission challenge; Commissioner Voltz and Commissioner Colon hold the prizes from last year; and there are also challenges among the municipalities.  He stated Satellite Beach has won for the past nine years in a row; and Palm Bay and Cocoa have also won.  He commented on the weather and the number of volunteers from various municipalities. 

 

 

 

Chairperson Colon stated this is a subject that is close to Commissioner Voltz’s heart; and the Board supports her 100%.

 

Jolie Sester stated cystic fibrosis is a life-threatening genetic disease that affects the lungs and digestive system; there are more than 30,000 children and young adults who have the disease; and the Cystic Fibrosis Foundation spends more than ninety-cents of every dollar on research.  She stated when the Foundation was founded in the 1950’s most patients did not live past elementary school age; and today the median age of survival is nearly 37 years old.  She requested the Board  support the Foundation in helping to fund a cure.

 

Beth Higdon stated coming up on May 12 in Palm Bay and on May 19 in Melbourne and Cocoa Beach, they are having the Great Strides Walks; the theme this morning has been volunteerism; and they are looking for volunteers to put together fundraising walking teams to join Commissioners Voltz and Colon who have both agreed to put teams together.  She requested others come out and help in raising awareness and funds to fight cystic fibrosis; and stated the goal is to find a cure or control for children such as Brevard Deputy Fire Chief Dennis Neterer’s son Kyle. 

 

Chairperson Colon invited the community to come out; and stated they will be at Turkey Creek Sanctuary in Palm Bay on May 12, 2007 at 8:00 a.m.; in Melbourne at Front Street Park on May 19, 2007 with registration at 8:00 a.m. and the walk at 9:00 a.m.; and in Cocoa Beach at Lori Wilson Park on May 19, 2007 with registration at 8:00 a.m. and the walk at 9:00 a.m.  Chairperson Colon commented on the letter from Haley and the power of positive thinking

 

Commissioner Voltz stated she started with a goal to raise $1,500 for the CF Foundation; then she raised it to $3,000; and now she has raised it to $5,000, and is almost at that level.  She stated every Friday she sends out emails to the County employees requesting support for the Cystic Fibrosis Foundation; and the support is wonderful.  She stated she looks forward to a little bit of competition on the Board; a couple of people have given already; but she wants them to raise money, not just donate, although she appreciates any donation that is made. 

 

Commissioner Bolin inquired if there is still time to put together a team; with Commissioner Voltz responding it is not too late.  Chairperson Colon stated Commissioner Voltz encourages the Board to participate; she has been supportive of this cause for years; it is about the young people; and it is a worthwhile cause. 

 

Commissioner Voltz stated Christopher Hill on her staff has a sister with cystic fibrosis; she had a double lung transplant in October 2004; and she is doing wonderful, thanks to the donations from everybody in the community and country who support the CF Foundation.  She noted her son did not have the opportunity to have a transplant and passed away in 1990.  She commented on becoming involved in fundraising. 

 

 

 

Chairperson Colon stated Items VIII.A.3 was removed from the Agenda at the request of Ms. Busacca, VIII.D.1 was tabled earlier; and inquired if there are any other items to be removed from the Agenda.

 

Commissioner Nelson requested Items III.A.2, III.A.5, III.C.5, and III.D.2 be removed from the Agenda for discussion. 

 

Chairperson Colon stated members of the public also requested Items III.C.5 and III.B.6 be pulled for discussion.

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to recognize the preliminary results of the Brevard County Recreational Boating Characterization Study presented by Dr. Charles Sidman and Dr. Robert Swett of the University of Florida Sea Grant program.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to waive Section 62-3205(a) to allow a six-month extension, from February 17, 2007 to August 17, 2007 for Andrea’s Beauty Salon, to allow the applicant additional time to complete the project.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant preliminary plat approval for Aquarina Parcel B, with developer responsible for obtaining all necessary jurisdictional permits.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize a time extension through 2117 for a 1978 Interlocal Agreement with the City of Satellite Beach to allow the County to continue to provide land development and building permit related services on behalf of the City for that portion of Tortoise Island Planned Unit Development within the City limits; and authorized the Chairperson to sign the Agreement on behalf of the Board.  Motion carried and ordered unanimously. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve legislative intent and grant permission to advertise an ordinance amending additional building height in the Merritt Island Redevelopment Area.  Motion carried and ordered unanimously.   

 

 

AUTHORIZE CHAIRPERSON TO SIGN LETTER TO VIERA COMPANY, RE:  DONATION OF
     LAND FOR VIERA REGIONAL PARK                                                                                                    

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize the Chairperson to sign a letter to The Viera Company acknowledging that the donation of seven acres for the Viera Regional Park partially fulfills The Viera Company’s obligations under Development Order Condition 57 and that the provision of at least 90.5 acres of park land on the west side of I-95 will fulfill the remaining obligation to provide park land on the west side of the Viera DRI.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to accept a drainage easement from Mr. and Mrs. Richard Lindenberg for South River Road drainage improvements
in Melbourne Beach.  Motion carried and ordered unanimously.   

 

 

PERMISSION TO ADVERTISE PUBLIC HEARING CONFIRMING PRELIMINARY
     ASSESSMENT ROLL, RE:  TANGLE RUN BOULEVARD PURCHASE AND
     IMPROVEMENTS MSBU                                                                                                                                               

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to grant permission to advertise a public hearing to take place on May 22, 2007, to confirm the preliminary assessment roll for the Tangle Run Boulevard Purchase and Improvements Municipal Service Benefit Unit; and to adopt Resolution acknowledging preparation for the preliminary assessment roll and setting the time and date for the public hearing.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve installation of three speed humps on First Street in Satellite Beach.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve installation of three speed humps on Indiana Avenue in Melbourne.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contract for Sale and Purchase with Merritt Island Masonic Lodge 685 for Sidewalk Easement and Temporary Construction Easement; waive title insurance; approve payment in the amount of $3,300; and authorize staff to conduct the closing on the property located on School House Street in Merritt Island.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Contract for Sale and Purchase with Bruce E. Bowman and Isaac Houston for Sidewalk Easement; waive title insurance; approve payment in the amount of $2,350; and authorize staff to conduct closing on the property located on School House Street in Merritt Island.  Motion carried and ordered unanimously.    

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Easement in favor of Florida Power and Light Company, at the Brevard County Service Complex at 700 Park Avenue in Titusville.  Motion carried and ordered unanimously.   

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize staff to advertise Request for Bids to rent/lease a temporary office trailer for the South Central Water Reclamation Facility for up to 36 months; authorize Purchasing to award the bid to the lowest responsive vendor; and authorize the Chairperson to sign any necessary contracts.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Task Order No. 12 with Post, Buckley, Schuh & Jernigan for engineering consulting services necessary to design, bid, permit and construct necessary upgrades to the South Central Regional Water Reclamation Facility for reclaimed water augmentation needed to serve the facility’s reclaimed water customers.  Motion carried and ordered unanimously. 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to authorize payment of $68,128.37 as final retainage to The Collage Companies Construction to complete its contract at Viera Regional Park; authorize issuance of a two-party check to The Collage Companies Construction and Master Site Development, the subcontractor, in the amount of $190,000, representing approximately half of the remaining retainage, with the balance of the retainage $192,780.88 to be paid when the parking and paving renovations are complete.  Motion carried and ordered unanimously.   

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve contributions of $1,000 each for the Fourth of July Fireworks Displays sponsored by the Cities of Melbourne, Palm Bay, Cocoa Beach, and Titusville, and Thunder Over Indian River, Inc. for Port St. John.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to appoint Phil Panzeca to replace Robert Thompson and reappoint Rose Marie Canter to the Brevard County Public Golf Advisory Board as at-large members representing the Savannahs Golf Course; and appoint Anna Cook to replace Doris Jones and reappoint Frank Duncan to the Brevard County Public Golf Advisory Board as at-large members representing the Habitat Golf Course.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Professional Services Agreement Amendment No. 8 with BRPH Architect-Engineers, Inc. for the redesign of a new entrance road to the Chain of Lakes Recreation Complex.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Jordan Scrub Sanctuary Management Plan under the Environmentally Endangered Lands Program.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement to Extend Existing Contract with Ryder Truck Rental, Inc., effective March 10, 2007 to provide vehicle fleet maintenance and repair management services for Space Coast Area Transit for an additional two-year term, until June 20, 2009.  Motion carried and ordered unanimously.    

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution; execute Grant Application and Standard Assurances for submittal to the Florida Commission for the Transportation Disadvantaged for $1,080,540 in CTD Trust Funds; and authorize the Chairperson to execute the Grant Agreement and any Amendments or Addendums, contingent upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge the City of Cocoa’s Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2006.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge the City of Melbourne’s Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2006.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to acknowledge the Brevard County Comprehensive Annual Financial Report for the Fiscal Year ended September 30, 2006. Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reject all bids received for Bid #B-6-07-83, Manufactured Concrete Restrooms and Concession Buildings at Fay Lake and McLarty Parks; authorize re-solicitation of a new bid for Manufactured Concrete Restrooms at Fay Lake Park; and authorize purchase of the concession building for McLarty Park utilizing the City of Jacksonville’s Bid #SC-0511-06.  Motion carried and ordered unanimously.   

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to reappoint Jay Schenk, Pat Conner, and Alan Boggs and appoint Jon Brazee replacing Susan Cossey, Walt Johnson replacing Jim Tulley, and Dick Martens replacing Ed Washburn to the Spaceport Commerce Park Authority, with terms expiring December 31, 2007.  Motion carried and ordered unanimously.     

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution qualifying Matrix Composites, Inc. as an eligible business under the County’s Tax Abatement Program and authorizing a public hearing to consider adoption of an exemption ordinance.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to execute Agreement with BellSouth to extend existing Maintenance Agreement; approve funding for the extension of the existing Agreement for 9-1-1 customer premise equipment that meets FCC mandates for Phases I and II and NENA standards; and authorize necessary administrative and budgetary actions.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve stipulations as settlement of Code Enforcement violations for Dominic Lauretta, Code Enforcement Case No. 06-0441 and Robert Essery, Code Enforcement Case No. 06-3247; and approve an arbor fund for planting trees in the Merritt Island Redevelopment Area District.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to adopt Resolution congratulating retiring teachers in District 1.  Motion carried and ordered unanimously. 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve appropriation of $25,000 from State Forfeiture Funds seized from drug dealers to make improvements at Jake’s Lake/Camp Chance; and authorize the necessary budget amendments.  Motion carried and ordered unanimously. 

 

 

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

 

 

 

Mary Sphar stated she is present today because she cares about the EEL’s Program and believes decisions should be made with careful consideration of the recommendations of the scientists on the EEL’s Selection and Management Committee.  She stated she was surprised that this controversial item was placed on the Consent Agenda instead of under New Business; the requested action is to approve the Malabar Scrub Sanctuary Management Plan under the EEL’s Program; and the vote planned for the Consent Agenda was to make the statement on page 30 come true, to approve the 4,800-foot paved section of trail along the eastern boundary which would be planned to be 12 feet wide.  She stated the requested action should have been to provide direction concerning the proposed paved trail that staff wants, which was not approved by the EEL’s Selection and Management Committee; the Committee voted instead to use the existing concrete road running through the sanctuary for biking and gave its reasons; the EEL lands are Brevard County’s natural treasure; and the Board has the final responsibility to make wise and well considered management decisions.  She stated today the Board can ask the questions that need to be answered, not only with regard to the Malabar Scrub, but also in connection with all EEL’s properties; and there are five questions she would like to have answered.  She inquired how are the EEL’s properties aligned with the Brevard County Greenways and Trails master Plan; stated the proposed paved trail will not be the last one to be suggested; and the Board needs to get a handle on the big picture.  She requested the Board provide a detailed overlay map to show the relationship between the Greenways and Trails Master Plan and the EEL’s properties.  She inquired what ecological effects would paved trails in various sanctuaries have; and are there alternatives to additional paved bike paths where ecological damage would result.  She stated the EEL’s Selection and Management Committee voted to recommend using the existing concrete boulevard running through the Malabar scrub for biking; and if alternatives are available, they need to be clearly presented to each reviewing
committee.  Ms. Sphar stated she attended the Recreation and Education Committee meeting and does not recall any mention of the possibility of using the existing paved boulevard for biking; and only the proposal to pave the fire break was presented as a done deal, which the Selection and Management Committee was predicted to approve.  She stated her fourth question is have any grant applications for the Malabar Scrub paved trail been submitted or worked on by County staff; and the fifth question is what written legally binding documentation does the County have of any agreement involving EEL’s management for the use of the eastern edge of the sanctuary.  She stated she does not believe the Board  can base decisions on he said/she said; and requested the Board protect the interests of the citizens of Brevard County by asking for answers to questions that will allow it to thoughtfully evaluate recreational trail issue on EEL’s properties and please carefully consider the recommendations of the EEL’s Selection and Management Committee. 

 

Maureen Rupe stated she is concerned how this got on the Consent Agenda when the EEL’s Selection and Management Committee put forward an alternative plan, and it is obvious it needs discussion.  She stated the picture shows the firebreak quite plainly; and the alternate plan of the EEL’s Selection and Management Committee was to use the existing firebreak.  He stated the current north/south concrete road is approximately 4,000 feet long by 100 feet wide or the equivalent of 40 acre-lot placed end to end; and the cost of removing the road and clearing the environmental impacts would be cost preventive.  She stated the areas east and west of the concrete road are also disturbed; the linear firebreak along the eastern edge of the Malabar Scrub is only linear for approximately  1,600 feet from the northern edge of the Malabar Scrub property line; a road starts where there is a business; and the actual firebreak zigzags down approximately 700 feet, extending anywhere from 10 to 60 feet into the preservation area.  She noted that area is approximately equivalent to four quarter-acre lots that would be impacted.  She stated the southernmost 1,300 feet down to the trailhead has no clear firebreak, so it would be necessary to actually clear property to complete the proposed bicycle paved highway; and commented on the area to be cleared and the area impacted.  She advised that is not even going into the scrub jay impacts that will be discussed and is besides the 400,000 square feet that are impacted by the concrete road to the west.  She requested the Board bring this issue back to the EEL’s Selection and Management Committee for discussion; and submitted a synopsis of the edge effect to the Board. 

 

Mary Hillberg advised the previous speakers covered the points she intended to make; and requested the Board allow the Selection and Management Committee to do the work it was assigned to do, by reviewing this and bringing it back to the Board at another time. 

 

Murray Hann stated he does not disagree with what has been said; and it is the history of the area that leads to wanting to put a paved trail on the firebreak that is on the eastern edge of the Malabar scrub and Marie Street.  He stated 15 years ago when the Greenways and Trails effort started, there was clear direction from the Board that it was not an acquisition program; the EEL’s Program, Parks and Recreation, and the municipalities were acquiring properties; and they were trying to find an alignment that would connect the properties with a spine trail that would serve the County and allow people of differing abilities to enjoy the properties.  He stated that headed them in South Brevard towards the corridor of EEL’s properties formed by Malabar Scrub, Jordan Scrub, and Valkaria Scrub, which are east of I-95 and run north/south; he has been on the Bicycle Pedestrian Trail Advisory Committee for 12 years; he is currently Chairman
of the Recreation and Education Advisory Committee for the EEL’s Program; and he is working with former EEL’s Director Dr. DeFreese who asked them not to use the concrete road but to go around the sanctuary.  Mr. Hann advised they went around the edges of the sanctuary, but did not like that decision; so they revisited the issue with Anne Birch, the next EEL’s Director who reiterated that she did not want them to use the concrete road, but to use the edges of the sanctuary because the edges would provide the least impact to the sanctuary by trail users.  He advised of the desire to have a trailhead that would serve both Malabar Scrub Sanctuary and also the linear trail; the Master Plan tries to utilize the edges of the EEL’s property to try to build a north-south spine in South Brevard; and it does not necessarily go through the properties but goes on the edges to provide the experience of the EEL’s sanctuaries for trail users with minimal impact.  He noted people are going by the sanctuary, but they are on an existing firebreak, which is three to five feet from the edge of the property and the fence line; and pointed out the trail that is outside the fence on the northern edge of the property and a bridge completed by the City of Palm Bay that goes across the trail into the older Port Malabar community.  He stated the trail draws people who enjoy the park but would not necessarily go off-road; and advised of a man who claims to be 92 years old and walks the trail every day, but was unaware that he had an EEL’s property 100 feet from his house.  He commented on a project to rebuild the wetlands, utilizing the trail as a berm to hold the water back; displayed pictures of the area and a map showing the area of interest; and pointed out the firebreak on the map.  He stated there are no areas where there is not a firebreak; and EEL’s Coordinator Mike Knight has said that they are looking at options to jump off the right-of-way and head directly to the trailhead to provide the best possible experience with the least impact.  He stated it is a 15 to 20-foot wide sandy firebreak; the Selection and Management Committee did its job and said scientifically it would be better to use the road rather than put in new pavement; and he does not disagree, but it ignores the history of the property, where EEL’s Directors have tried to go around the park, not through it.  He stated Malabar built a six-acre trailhead with volunteer efforts; and displayed pictures of the trailhead, which was designed to serve the linear trail.  He commented on an application for a grant from the Department of Environmental Protection to make the trail completely ADA accessible with a restroom, paved parking, and a paved section coming forward to join up with the trail.  He stated one of the previous speakers asked about agreements with Malabar; Malabar vacated 14 acres of right-of-way inside Malabar Scrub Sanctuary so the property would not be chopped up by public rights-of-way; at that time the Town wanted to trade right-of-way along Marie Street for the trail; and they provided over 20 pages of documentation of the negotiations.  He stated it is not clear why negotiations broke down; but the fact is that Malabar vacated the rights-of-way and did not get any right-of-way back, which the people in Malabar still talk about as an unpleasant experience.  He stated the people of Malabar feel they did not get their end of the deal for the trail; and this would go a long way to patching that up.  He noted Malabar has already acquired right-of-way south of this in two different locations for over a mile on the trail alignment for the Greenways and Trails; and if it is moved to the concrete road, it will no longer line up with all of that.  He commented on drawing up an alignment, working out problems as they come up, using public right-of-way if available, and confusion in the rights-of-way in the Marie Street area.  He stated this was presented to the Recreation and Education Advisory Committee; staff collected all of the Selection and Management Committee’s concerns; there were site visits; and they then sent those results to the Recreation and Education Advisory Committee, which met and discussed all the results.  He stated at that time he thought there had been an excellent job of collecting concerns, looking for rare plants, and talking about redirecting the right-of-way; and commented
on problems with the boundary, other issues, the process, and the decision.  Mr. Hann stated the proposal to come south to the trailhead was a good one that will best serve the public; and it is acceptable environmentally.  He advised he does not mean to degrade the efforts of the Selection and Management Committee, but it did its job and Mr. Knight did his job. 

 

Chairperson Colon stated it is exciting to see; she enjoys going there with her family; the EEL’s Program is supposed to be something the community is part of and enjoys; and having passive recreation is key because the Board wants to make sure the folks see how their tax dollars are being spent.  Mr. Hann stated it is amazing to see the number of people that use the trail; and advised of an assisted living facility on the trail with folks who walk every day.  He stated he sent the Board a letter concerning the history; the issue has been around for 15 years; and if anyone has questions, they can ask now.  Chairperson Colon requested Mr. Hann advise how people can get to the trail; with Mr. Hann responding the trail currently connects Turkey Creek Sanctuary to the Malabar Scrub Sanctuary, going past Malabar’s Cameron Scrub and eventually they hope heading south to Malabar Trailhead One; and described how to access the trail.  He stated it is a modern correct spine trail; they are not trying to pave the world; but they are trying to build one paved section for multi-users to allow access to the natural properties.  He stated they only have one South Brevard trail alignment; they are not trying to build 17 paved trails on every EEL’s property; but there will be other issues where they may want to use an edge; and in this case, if they cannot use the edge, it could make the ability to build a greenway impossible. 

 

Commissioner Voltz stated the trail that is paved now is heading east; if they use the current concrete pad, it comes all the way down to Malabar Road; but in order to connect with the Malabar trailhead, people would have to walk along Malabar Road, which is a dangerous road.  She stated if they use the other alignment, heading further east and then south, it would direct everybody right into the Malabar trailhead, which is a positive because it will then allow the community better access to the trailhead.  She stated right now the access is just off Malabar Road; and expressed support for the alignment.

 

EEL’s Manager Mike Knight stated he would like to answer some of the questions raised by the speakers; and the first was whether there will be other impacts in the future to EEL’s properties with this trail alignment.  He stated an overlay map was provided some time ago; and staff will be happy to provide that.  He stated staff is in the process of trying to do a larger evaluation of the potential impact to EEL’s sites as it relates to the alignment that was established some time ago; and it is his belief that they need to look at the whole alignment now to determine how they will handle it in the future so as not to run into these issues.  He stated they looked at the site and determined there would be some more impact; in this case they are covering over dirt; but there is still an impact because there are scrub jays, reptiles, and insects that use that dirt.  He stated that is the perspective of the Selection and Management Committee; it is the Committee’s job to look at the ecological impact, but it stays out of the larger issues such as trail alignment and those types of things; and its input to the Board is where there is the least amount of impact.  He stated the least amount of impact is to go where the trail is already paved rather than putting in new pavement; but that alignment does not work for the location of the trailhead; and that is why they are making the recommendation as the most logical thing to do in this particular case.  He stated future requests need to be looked at on a case-by-case basis; and the Committees will do that as part of the normal process.  He stated they looked for
alternatives, but do not see any; and it is largely related to the restrictions of right-of-way in those areas.  Mr. Knight stated the initial push was to try to get it on the rights-of-way and out of the sanctuary; but those rights-of-way are not available.  He stated they have no involvement with grant applications at this time, nor have they any intention; one recommendation is that the EEL Program budget not be impacted by maintenance and development of the trail, primarily because there is no staff to deal with these high volume public use issues; and they are working with Parks and Recreation and the Town of Malabar to find the solution through an agreement for management.  He stated there was a question about a past agreement; there was a lot of discussion about doing an exchange if the Town of Malabar vacated rights-of-way in Malabar Scrub to provide the ability for an easement on the road; but it appears to have broken down at the State level, when the State became involved with the reimbursement.  He stated there were a lot of complications; they are looking at a situation that will have impact; but it is the right decision to make.

 

Commissioner Nelson inquired if the trail that is on the north goes all the way across the top of the property; with Mr. Knight responding that is correct; and the blue line delineates the existing paved trail that goes all the way over to Marie Street.  Commissioner Nelson inquired why was that done; with Mr. Knight responding that was part of the north boundary canal trail; it has been planned as part of the alignment for quite some time to come down Marie Street; and they worked with the City of Palm Bay and allowed the paved trail to come along the north side of the sanctuary, with some of it actually on sanctuary property.  Commissioner Nelson stated this is one of the rare cases when both sides are right; Mr. Hann has been involved with the trail issues and the EEL’s Program; and there was concern.  He stated originally there was a desire to go through the sanctuaries; then the discussion was about going around because that would have less impact; but the Selection and Management Committee is driven by science, and says there are going to be impacts.  He stated there seems to be a disconnect; the issue went to the Recreation and Education Advisory Committee and the Selection and Management Committee; but the Committees did not talk to each other about the process; and his concern is that these types of discussions need to happen.  He inquired if the Board has to do something today; and stated he would like the Recreation and Education Advisory Committee and Selection and Management Committee to talk together.  He stated with the Marie Street alignment, there might be an opportunity to restore some of the interior to remove some of the concrete from inside the sanctuary, which may or may not be more beneficial; but he does not know if that kind of question has been looked at.  He stated he also would like to know if that would generate additional traffic through the sanctuary that may be greater than would be desirable; and again, that has not been addressed to his satisfaction.  He stated he wants to see it go back for more discussion and when it comes to the Board, there should be more definitive information that those questions were asked and answered; and then the Board can make its decision.  He stated it is going to be precedent setting; and he is not sending it back because he thinks it is not a good idea; there is some merit to the edge opposed to going through the center from an operational perspective as well as from a management perspective for the habitat; but he would like to get a reading on that from the Selection and Management Committee.  Mr. Knight stated the only timeframe he is aware of is related to a funding opportunity for the EEL Program; it would be fine to take an additional look; and Barbara Meyer can elaborate on the grant opportunity.  Barbara Meyer, Bicycle/Pedestrian Trail Program Coordinator, stated the City of Palm Bay was awarded an enhancement grant through the MPO for the trail; however, the City was able to complete its portion of the trail without utilizing that money; so there is
approximately $275,000 that could be reassigned to the trail project.  Ms. Meyer stated Palm Bay would have to agree to it; and the County would then be the recipient of the grant; and she does not know if it is critical today, but there is a window of opportunity for that money to be placed on the project.

 

Chairperson Colon stated one of the things that has been mentioned is about setting precedent; and she does not believe that is the case because each area is very unique.  She commented on scrutinizing projects, traffic, and taxpayers’ money; and stated they wanted to make sure that the community was a part of the projects and enjoyed the passive recreation.  She stated what she enjoys about the process is having folks like Mr. Hann, who is very knowledgeable and active in the environmental community, and is supportive of the project.  She stated that is critical because the folks who are part of the process are people who respect the environment and would not do anything to harm it; and that is key. 

 

Commissioner Voltz stated she also thought it should be open to the public; the general public needs to access the property they purchased; and it will not destroy the environment.  She stated the road the Board is talking about has already been disturbed; Malabar supports the project; and there a lot of fences to mend with the Town of Malabar, so the more the County works with the Town the better off it will be.  She stated there has been talk about ripping up the concrete that is there; but that is not well thought out; and the project is more of a safety issue.  She stated people coming from the edge of the concrete on Malabar Road will have to travel east on Malabar Road; commented on the trailhead; and inquired if Malabar or the County spent the money; with Mr. Knight responding Malabar.  Commissioner Voltz stated Malabar spent a lot of money on the trailhead and has done a beautiful job; and the Board needs to give people access to that, so a road to the east of the property heading south is the best thing.  She stated it also then links up with Marie Street; and that is the Jordan Scrub Sanctuary Project, which is an important piece.  She stated that alignment has been set for a long time; and if the County changed it now, it would possibly lose $275,000 from the City of Palm Bay; someone asked earlier if the County was using grant money, and it is not; but the City of Palm Bay has extra money, which has been approved to switch to this project.  Ms. Meyer stated staff has touched base with the Florida Department of Transportation; it is the same trail system; and it would take some paperwork and the approval of the Palm Bay City Council, but this is one of the partnerships the County is working with right now.  Commissioner Voltz stated Ms. Meyer had her walk the property when it first opened; and it is very beautiful.  She stated it took a lot for the City of Palm Bay to do the project; and it is great. 

 

Commissioner Scarborough stated where the Board accomplishes the most is when it has people with different objectives working together for a common good; and commented on Brevard Community College providing property for the Chain of Lakes Park for tennis courts, parking, and a trailhead.  He stated there has to be a community of interest between the two groups; many are interested in the same thing; and commented on trails that are being planned at the wildlife refuge on federal property.  He stated Ms. Meyer is working with the State to acquire the rails to trails to Volusia County; and she is talking about having a wildlife corridor  so it does not become just a place for people, but animals will be able to move across approximately 50 miles of property so there is not risk of loss of the gene pool and species becoming islands that die.  He stated if the two communities do not work together, both
programs will fail; there is a need to define the respective roles and see the advantage of partnering; and if the Board does not instruct both communities, those in trails and the pure environmentalists to understand the mutual benefits, it will be failing. 

 

Commissioner Bolin stated every citizen they can get into one of the sanctuaries is to the community’s benefit; and if people have a good experience, they become supporters.  She stated the Board should go ahead with this; and she is confident that the decision on the trail location is good for the citizens. 

 

Commissioner Nelson stated there was talk about traffic; he does not disagree that the public deserves to have access to the properties; but if they drive all the wildlife off the property, they are negating the reason they had the program.  He stated there is a carry capacity, whether it is for a community center or an EEL’s property; it is not a question of whether there is going to be a trail out there, because there will be a trail; but the question is what is the best alignment that meets the needs of both parties.  He stated they need to look at the need to provide public access consistent with best management practices for both; they have to decide what it looks like as far as the alignment; and he disagrees with Commissioner Voltz about the restoration.  He stated they do restoration on endangered properties all the time by taking down trees because they have become places for predatory birds to pick off other birds like scrub jays; they do management practices, burns, and all the things that are part of that; and removing one of man’s creations, which is a road for a subdivision that was never built, can be just as reasonable.  He stated it may be the thing that tips the management of the site; he does not see how they can lose by having additional discussion; and commented on the road, the trail, and what is the best alignment. 

 

Commissioner Voltz stated this was tabled approximately six months ago; and she worked with a number of the people in the community about where the alignment should go.  She stated the Board needs to move forward with this; it is a good thing; there have been six months for people to provide input if they wanted to; but that did not happen until today.  She stated that is not the way to do business; they have been working on this for a long time; and she would like the Board to move forward with the plan as noted. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Malabar Scrub Sanctuary Management Plan under the Environmentally Endangered Lands Program.  

 

 

Chairperson Colon thanked the people who came out; and stated the Board needs for the community to continue to be vigilant because the Board needs that kind of input.  She stated she will support the motion; but she would like for the folks who have come today and expressed concerns to be notified so they are part of the process.  She commented on needing feedback, cooperation, and balance; and requested everyone help with the process. 

 

Commissioner Scarborough inquired if the Board tabled this today, would it be possible for the Selection and Management Committee to comment on it by the next meeting on May 10, 2007; with Mr. Knight responding yes, but if it goes back to the Selection and Management Committee, the Board will end up with the same determination.  Commissioner Scarborough inquired what if they put the caveat that it is imperative to consider the larger ramifications of
other programs as well as including those where the community has access to properties in
making its recommendation.  Mr. Knight recommended if the Board postpones, sending it back through both of the Committees.  Commissioner Scarborough inquired how soon would the Board get it back then; with Mr. Knight responding he will have to check the date of the next Recreation and Education Advisory Committee meeting, but a special meeting could probably be called.  Commissioner Scarborough inquired if it puts the $275,000 at risk by doing so and how long is that money available.  Ms. Meyer responded it is programmed for this year; she cannot say definitively; however, with FDOT, she does not think a month will matter too much.  Commissioner Scarborough stated Commissioner Voltz is on the right path; it is just a matter of forcing the groups to discuss the issue in the context of a broader scope; it sets the tone that it is where the Board wants to go with the environmental properties; and if they are not putting any monies at risk, they can proceed.  He stated what they have been asking the groups to do is look just in an environmental sense; every other department is asked how it can be a team player; and the groups have not been challenged sufficiently to look to other programs.  He commented on a library purist wanting to have the best libraries being willing to close down the Sheriff’s Department so all the money can be put into libraries; stated everything adds to the benefit of the community; but sometimes there is the law of diminishing returns.  He stated they can obtain things, but they get to the point that the additional benefit is small in comparison to the cost; and it is better to view things as a whole.  He stated the EEL’s Program has to be challenged by the Board; and this may be an opportunity to do that. 

 

Commissioner Voltz stated the Board has been challenging EEL’s to open the properties to the general public.      

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to table consideration of Malabar EEL’s Sanctuary Plan to the May 24, 2007.  Motion did not carry.

 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve the Malabar Scrub Sanctuary Management Plan under the Environmentally Endangered Lands Program.  Motion carried and ordered; Commissioner Nelson voted nay.

 

 

Motion by Commissioner Nelson, seconded by Commissioner Scarborough, to request the Selection and Management Committee to stay involved in the design and development of the trail as it goes through the property.  Motion carried and ordered unanimously.  

 

 

 

Dr. Mark Bush stated he is present to address the vested rights request of Mr. Mellin; under the previous Code the applicant’s request for vested rights was denied because the applicant failed to demonstrate any act or omission of the County that would justify construction of a home on a substantially substandard .83-acre lot in an AU zoning classification, which would require 2.5 acres per lot; and the applicant has now requested vesting through criterion for existing single-family residences used as permanent residences. 

 

Chairperson Colon stated the Board needs advice from the County Attorney before Dr. Bush continues.  County Attorney Scott Knox stated the Board is sitting in an appellate capacity in this case, which means it is considering the record before it; and anything additional provided by any of the speakers cannot be considered unless it is in the record.  He stated Dr. Bush is free to present anything he wants; but if it is additional to what the Board has in front of it in the record, the Board cannot consider it.  Chairperson Colon inquired if Dr. Bush is providing anything new or is it pretty much what the Board already has. 

 

Dr. Bush advised he is asking the Board to consider the evidence that was presented, or lack of it, in the decision made by the Special Magistrate with reference to the County Code. 

 

Mr. Knox advised as long as Dr. Bush is trying to argue from the record, that is fine. 

 

Dr. Bush stated the applicant has requested vesting through a criterion for existing single-family residences used as permanent residences and established prior to the adoption of the Comprehensive Plan; and his intent is to review the Special Magistrate’s legal conclusion, review relevant sections of the County’s Vested Rights Code, outline his concerns, and close with a few direct questions for the Board.  He stated the Special Magistrate’s legal conclusion is that the property and use of said property meets the criteria set forth in County Code, Section 62-507(d)(2), which requires the applicant to demonstrate compliance with the vested rights criteria by a preponderance of substantial competent evidence; but he sees no preponderance of substantial competent evidence that the applicant has an existing single-family residence utilized as a permanent residence on the subject property.  He stated no habitable structure has been existing on the parcel since 1982; no proof of homestead exemption was provided to the Special Magistrate; and the Property Appraiser’s records affirm the lack of a habitable structure and that the taxable value is $3,400, which is consistent with an unbuildable substandard sized lot.  He stated Code requires the applicant to demonstrate that granting vested rights will not crate imminent peril to the public health, safety, or general welfare of the residents of the county; and he is concerned that construction on the property will create such peril because the applicant’s entire property falls within the regulatory floodway, where development is prohibited without a “no rise certification.”  He advised he provided a FEMA map for the Board’s convenience; the Code of Federal Regulations, also known as the National Flood Insurance Program Regulations, require that in order for local governments to meet the FEMA Agreement for flood insurance rating and allow flood insurance to be sold, that the County must “prohibit     encroachments including fill, new construction, substantial improvements, and other development within the adopted regulatory floodway unless it has been demonstrated through hydrologic and hydraulic analyses performed in accordance with standard engineering practices that the proposed encroachment would not result in any increase in flood levels within the community during the occurrence of the base flood discharge.”  He stated according to the applicant’s survey, property elevations vary from +0.6 feet to 3.8 feet; the base flood elevation for this AE zone is +six feet; and the fill volumes necessary to elevate a house, driveway, and septic system above the floodplain would likely redirect storm flows in a manner that could negatively impact adjacent properties.  He stated if the Board allows development contrary to its FEMA Agreement, and is subsequently judged to be administering in a manner inconsistent with the purposes of the FEMA Program, the County could be subject to probation and suspension from the Program, which means all flood insurance premiums Countywide would increase and
every owner with flood insurance would receive written notification.  Dr. Bush stated such a situation would be contrary to the general welfare of the citizens of the County; and suggested it might be prudent for the Board to require “no rise certification” as part of the preponderance of substantial competent evidence that granting vested rights will not create imminent peril to the community.  He stated given the questionable claims that the applicant has to vested rights in this case and the significant public interest conflict with development in a federally regulated floodway, he requests the Board deny the vested rights application or withhold it until the applicant provides a “no rise certification” for development in the regulatory floodway.  He inquired how much does this interpretation of existing and permanent residence criteria open the Board to future vested rights requests and litigation; how consistent is the interpretation with other sections of the County Code, such as the 50% destroyed criteria of the Zoning Code; and should there be a statute of limitations or guidance on what is an acceptable lapse of time in considering the existence of structural integrity or permanent residence.  He inquired how long should the rights remain in effect if not acted upon in a timely manner; and requested the Board  deny the vested rights. 

 

Chairperson Colon inquired if Mr. Barker is Dr. Bush’s client; with Dr. Bush responding no. 

 

Jim Barker declined the opportunity to speak. 

 

Chairperson Colon inquired if the Board wishes to support the recommendation of the Special Magistrate. 

 

Commissioner Voltz stated she has been involved in this issue since she got elected; it did come up in the past, but the decision was politically motivated; and it was not the right decision.  She advised the only decision the Board is making today has nothing to do with the applicant’s development ability; and inquired if it is a nonconforming lot of record and does not have the correct acreage for a house, which is 2.5 acres in AU.  Planning and Zoning Director Robin Sobrino advised it is not a nonconforming lot of record or it would already have certain privileges.  Commissioner Voltz inquired if it is .83 acre; with Ms. Sobrino responding yes.  Commissioner Voltz stated all the Board is doing is giving the applicant the zoning; and he may never be able to build on the property because of all the other issues.  Mr. Knox stated he would be leery of taking that position; if the Board approves, it is vesting the lot or slab, and saying it is okay to build on the slab as long as Building Codes are met; and if the floodplain applies or there is a setback requirement, it is vested. 

 

Chairperson Colon inquired if Mr. Knox is saying not to take a stand, why is it on the Agenda; with Mr. Knox responding he is saying for the Board to take a position such as Commissioner Voltz described would be unwise.  Chairperson Colon stated in other words, the Board should just support what the Special Magistrate recommended and not go further than that; with Mr. Knox responding if the Board  does that, the applicant can build. 

 

Commissioner Voltz inquired if it is correct that there is a pad and septic tank on the property; with Ron Mellin responding that is correct, as well as a well.  Commissioner Voltz inquired if Mr. Mellin is aware of the restrictions or can the Board state restrictions and ask him to follow everything that he is going to need to build.  Mr. Knox stated one of the options the Board has in this circumstance is if it grants the vested rights and uphold the Special Magistrate’s recommendation, it can attach conditions, so if there is something the Board wants to be sure is done, it can impose those conditions.  Commissioner Voltz inquired what would some of those conditions be; with Ms. Sobrino responding what Mr. Knox has said is that the only conditions the Board could impose at this point would be those for the building permit, making sure it complies with the Building Code; and the other associated Land Development Regulations would not be applicable as he would be vested against those.  Mr. Knox advised Mr. Mellin will have to build according to the Building Code no matter what.  Assistant County Manager Mel Scott advised if the Board embraces the Special Magistrate’s determination, legal conclusion 2 awards the property the bundle of rights that the Special Magistrate gave it, stating the applicant would have to adhere to all building regulations and, have the ability to pull building permits, should he satisfy the requirements of those regulations, but for the sole exception that the property does not meet the required acreage for AU zoning of two and one-half acres or the Brevard Comprehensive Plan of one acre.  He stated essentially the Special Magistrate has said the property is undersized per the AU and per the Comprehensive Plan; those are the two regulations he is vested against; and everything else will have to be adhered to, such as floodplain regulations, elevation, freeboard, etc.  Commissioner Voltz inquired if Mr. Mellin is aware of that; with Mr. Mellin responding affirmatively.  Mr. Knox recommended making that a condition; with Commissioner Voltz advising she will support it and make that a condition.  She inquired if Mr. Mellin is agreeing to meet all the other issues that were discussed; with Mr. Mellin responding yes. 

 

Motion by Commissioner Voltz, to approve the Special Magistrate’s Recommended Order to grant Rawland O. Mellin’s Vested Rights Petition. 

 

 

Commissioner Scarborough expressed concern; and stated if there are questions, it would be best to refer this back to the Special Magistrate.  He stated it says, existing single-family residence utilized as a permanent residence may be considered for vested rights; he understands there is a slab out there now; and inquired what does “existing single-family residences utilized as a permanent residence” mean in reference to a slab.  He stated it would be nicer if it said currently being utilized as a permanent residence or at any time in the past being utilized; he assumes it is a residence and a home; but he has some problems with it.  He stated there are legal issues; there is a Special Magistrate; and he would like to send this back to the Special Magistrate to look at the language again.  He stated he has concerns; and rather than moving on it today or getting into an extended discussion, it would be appropriate to refer it to the Special Magistrate. 

 

Commissioner Voltz stated it has already gone to the Special Magistrate; and Mr. Mellin lives on the property and has a motor home.  Mr. Mellin advised he has a fifth wheel on the property right now; he is living there; and submitted pictures showing the house that was existing from 1961 until it burned down in 1982 and the concrete slab.  He stated he has his fifth wheel on the slab; and submitted petitions from his neighbors on Thompson Road, suggesting he be allowed to be there.  Commissioner Voltz stated the Special Magistrate has already looked at all the issues; Mr. Mellin has been through this since 1996 trying to do something; and at this point the Special Magistrate has ruled and Mr. Mellin has agreed to do the things the Board requires.  She stated sending it back to the Special Magistrate is just prolonging Mr. Mellin’s opportunity to do something; whether or not he is going to be able to do something will be up to the County’s Codes and regulations; and he needs to be able to put this to rest one way or the other. 

 

Commissioner Nelson stated if the slab existed in 1840, based on the interpretation that is being made, Mr. Mellin could build on it; and he is troubled by that.  Mr. Knox stated it goes down to what Commissioner Scarborough brought up in terms of what “existing residential use” means; and if it is a legal conclusion, it is something the Board can change.  He stated the Board is not wed to what the Special Magistrate came up with in terms of a legal conclusion; and if the Board reads the law differently and does not think it says what the Special Magistrate thinks it says, then the Board can overrule him on that.  Commissioner Nelson stated this could open a Pandora’s box based on that interpretation; and there could be a slab anywhere and people could build on it no matter what the zoning was.  Commissioner Voltz advised they would have to come before the Board.  Commissioner Nelson stated the interpretation opens it up; he is not comfortable with that; and at a minimum, he would like to send it back to the Special Magistrate. 

 

Commissioner Bolin stated she received a call from Virginia Barker and discussed this issue; and she wants that on the record.  She stated she concurs with Commissioners Scarborough and Nelson that she is very leery of this; this could bring up a whole new issue of what is legal and what is existing; and if they have not had a building on this property for 25 years and it is an illegal lot, she concurs that it should be sent back to the Special Magistrate.

 

Chairperson Colon stated Commissioner Voltz made a comment that Mr. Mellin wants some kind of closure today; if the Board votes today, it looks like it would be for denial; and it looks like the Board wants to get some more information.  Mr. Mellin stated it has been very nerve-wracking going through this; this is to be his retirement home; it is a beautiful spot that is surrounded by water and nature; and it is where he wants to retire and spend his remaining years.  He stated he needs to keep this going because he needs to live there. 

 

Commissioner Voltz stated one of the neighbors is a County employee; sometimes County employees have the ear of the Commissioners more so than someone from the general public; and the Board needs to be careful.  Chairperson Colon stated she does not think the Board wants to go down that road.

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to send the issue of Rawland O. Mellin’s request for vested rights determination back to the Special Magistrate.

 

 

Commissioner Nelson stated the only County employee he talked to was staff, not Mr. Mellin’s neighbors.  Chairperson Colon stated she has not spoken to anyone from County staff except for being briefed. 

 

Chairperson Colon called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

 

Chester Straub, representing Technical Research & Development Authority (TRDA), stated with him today are Chairman of the Board of Directors Dan Adavasio and Deputy Executive Director David Kershaw; and the Board will receive copies of the presentation he is making.  He stated he will be talking about the TRDA, the business incubation program, and specifically the new business innovation center, which will open in Melbourne in a couple of weeks.  He stated TRDA has been in existence since 1987; it is a special independent district of the State; and it has a five-member Board of Directors, appointed by the Governor.  He stated the organization seeks to leverage federal, State, local, and private sector funds to develop and deploy technology based programs; the specific areas they focus on are business incubation, education, alternative energy development, and technology transfer; Brevard County is known for its technology; and as such it needs a facility that can nurture, train, and attract entrepreneurs and business opportunities.  He stated the Patel Institute in Ohio recent issued some reports that say a region’s economic future is based upon its ability to capture and retain the required technology, talent, and capital to fuel emergency industry sectors; and that is what TRDA does through its business incubation programs, particularly at the business innovation center.  He stated over the years, TRDA has been actively involved at the local, State, and national levels in business incubation; the business incubation center in Titusville, the first of its kind in Brevard County, was established in 1996; since its inception, it has helped create over 1,200 jobs with an average salary of over $60,000; of the more than 100 businesses they have been involved in, over 20 of them have graduated from the program and are actively pursuing their product development and service delivery; and they have generated $32 million in new revenue for their companies, enhancing their viability and expanding the local economic base.  He stated statewide, the TRDA has been involved in the creation of a network of incubators; it provided seed funding for the creation of seven technology-based business incubators; and it also has been involved at the national level in helping provide seed funding for the creation of a national alliance of clean energy incubators, so they are well experienced in business incubation.  He stated throughout the local, State, and national experience, TRDA strives to create high-paying, high-quality jobs, attract and retain a world class management and technology-based workforce, and also attract new capital into the area to support the businesses.  He stated the new innovation center opening will be next month in Melbourne; it is approximately 31,000 square-feet of space; it will be a state-of-the-art modern flex facility, accommodating from 25 to 35 businesses in the 50-plus office suites as well as the light manufacturing facilities.  He stated it is the result of a partnership between the County, the City of Melbourne, the Melbourne Airport Authority, and the U.S. Department of Commerce and Economic Development Administration, all working together with TRDA; the goal for the facility is to make it the focal point for technology development and new business activity in the County; and it will be the location for entrepreneurs, new business start-ups, and spin-offs from existing corporate businesses.  He stated the County in 2005 provided $200,000 toward the construction of the facility; that has helped to leverage over $5.2 million of additional funds that have gone into the property; and looking forward, they expect a return of $5 for every $1 of public investment.  He stated they are looking to graduate between 12 and 15 businesses a year; and they expect over 80% of those graduates will have a long-term success rate and 84% of those will stay in the area.  He noted the numbers are the ones derived from the National Business Incubation Association; and they represent the numbers collected by analyzing 1,400 business incubators in North America.  He stated going forward, TRDA would like to take a position that this is a tool to help Brevard County’s entrepreneurs and technicians, particularly those that may be impacted in the post-shuttle era.  He stated TRDA would like to work with the Board and
County Manager to identify resources to further support the programmatic activities in a way similar to the help TRDA received for its construction activities. 

 

Chairperson Colon encouraged the Commissioners to see the new facility; and stated it is incredible.  She commented on cooperation, the Workforce Development Board, and the EDC; and expressed appreciation to TRDA.  She noted she has been a public servant for 13 years; and TRDA is focusing on small businesses which are the cornerstone of the community. 

 

Mr. Straub stated several of Chairperson Colon’s colleagues have already visited and a couple more meetings are scheduled; TRDA looks at itself as part of the broader economic development team; and it is looking forward to working with the Workforce Development Board.   

 

Chairperson Colon stated Mr. Straub also mentioned when he met with her that he wanted TRDA to be a hub for the community; the facility is large enough for folks to utilize; there are partnerships with FIT; and this is very exciting.  She commented on changes at Kennedy Space Center, and need to be more assertive to make sure there are partnerships.  Mr. Straub advised partnerships are going to be important and a tool for the entire community. 

 

Commissioner Voltz stated she has been down at the facility; it is a phenomenal facility; and TRDA has done a great job; but there was no furniture yet.  Mr. Straub advised it will have furniture over the next couple of weeks.   

 

 

 

Attorney Douglas Beam submitted packages to each Commissioner and the Clerk; stated he is present to address the two circuit court judges in South Brevard again; and explained why he was not present at the last meeting and sent a representative.  He stated this issue has been set for Thursday; he only got that information yesterday afternoon; he appreciates the Board giving him an opportunity to talk today; and he realized that time is limited.  He commented on the $20.2 million Viera Complex project, challenge from the Board, no information on South Brevard facility, and the private sector providing information.  He stated they talked to the Melbourne/Palm Bay Chamber of Commerce, which represents over 1,300 South Brevard businesses, employing over 30,000 South Brevard voters; the Chamber is on board supporting the development of additional courthouse facilities at a location further south in Brevard County;  and they are in the process of talking to the Board  about it.  He stated since the last time he was before the Board, he asked Mark Fontaine, President of Fontaine Property Group, Inc., to do a walk-through of the Melbourne Courthouse.  He noted he served as a prosecutor at the Melbourne Courthouse in the 1980’s; Mr. Fontaine looked at the Public Defender’s space as well as the State Attorney’s space; and he put together a proposal of what is available in South Brevard.  He stated Mr. Fontaine is still working on giving various options; and those items are attached to the submittal as exhibits.  He stated the South Brevard Chapter of the NAACP has come out in support of an expansion of the Melbourne Courthouse to accommodate two circuit court judges or for such other expansion as is necessary for equal access to the Courthouse by all citizens, especially in South Brevard.  He stated the Chamber of Commerce, the NAACP, and other business groups in South Brevard are working on this; commented on the Legislature and the budget, photographs showing the Melbourne Courthouse, and removal of the mobile courtrooms; and advised when he was a prosecutor, there were judges on the second floor of the Melbourne Courthouse, which is where he and Mr. Fontaine did their walk-through.  Mr. Beam stated it would be fiscally responsible and fairly inexpensive to move the Public Defender and State Attorney’s offices out of the second floor and into nearby rental locations; when he was a prosecutor, he was just across the railroad track; and he walked to court sometimes, which allowed him to ponder the law on the way to the courthouse.  He stated the pictures show there is plenty of parking; and there is also green space that could be utilized for parking, if needed.  He stated the second option would be the Avatar Corporation; he talked to one City Councilperson in Melbourne concerning this; and he was very interested.  He stated it would be a more expensive proposal; the Avatar Corporation is closed with loss of 288 jobs in South Brevard; but the facility is now available.  He stated Mr. Fontaine looked at the facility and got some information; 25% of the building is set up for office space and 75% is set up for manufacturing, so it is an easy build-out; and it is available.  He stated it is near the airport; there is plenty of property with easy access; but it would be a more ambitious request from the Board. 

 

Chairperson Colon inquired if Mr. Beam is coming back on Thursday when the Board is going to have this presentation; and stated what Mr. Beam has to share is extremely important.  Mr. Beam stated he can have some people present, but he has a commitment in Ocala on that day.  He advised of an option for the Melbourne Auditorium; stated he knows the City is trying to revamp it, but there is a lot of property there; and it is near the hospital and the U.S. 1 corridor.  He stated the process is started; and Mr. Fontaine is present for questions; but it may be better if Mr. Fontaine comes back on Thursday.  He stated the situation in Titusville is working with two circuit court judges; and they want the same thing in Melbourne.

 

Chairperson Colon stated right now the Board is trying to look at a more comprehensive approach; the Board appreciates Mr. Beam taking the lead on this; and he is getting people to notice.  Mr. Beam advised it is an access issue; it is important; and he is a citizen, so he is present. 

 

Commissioner Scarborough stated in North Brevard, there is really only one community, Titusville, with the Titusville Courthouse; but when he looks at the south, it is much more complex with the City of Palm Bay.  He stated he needs direction from the people in South Brevard; sooner or later, they will go south; and the question is where and whether they will do it like Chairperson Colon said in a comprehensive agreement as a community or will it be fragmented, which will not be good for anybody in the end.  He stated it will be helpful to bring multiple communities and user groups together.  Mr. Beam stated he is working on it. 

 

 

The meeting recessed at 11:47 a.m. and reconvened at 1:01 p.m. 

 

 

 

County Attorney Scott Knox stated the Board discussed International Construction & Engineering, Inc. (ICE) v. Brevard County involving Wickham Park at the Executive Session; and a motion is needed from the Board to approve a settlement of $135,000 contingent upon ICE giving the County an assignment of its right to pursue any deposits that may be outstanding. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve settlement of International Construction & Engineering, Inc. (ICE) v. Brevard County in the amount of $135,000 contingent upon ICE giving the County an assignment of its right to pursue any deposits that may be outstanding.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the second of two public hearings to consider an ordinance amending Wetlands Protection and Land Alteration Codes addressing impacts to incidental anthropogenic (manmade) wetlands during abandoned mined lands reclamation. 

 

There being no comments or objections heard, motion was made by Commissioner Bolin, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article X, Division 4 Code of Ordinances of Brevard County, Florida, relating to wetlands protection, specifically amending Section 62-3691 Definitions; Section 62-3693 General Provisions; Section 62-3694 Permitted Uses; and Section 62-3696 Mitigation; and, Chapter 62, Article XIII, Division 4, Subdivision I, Code of Ordinances of Brevard County, Florida, relating to Land Alteration, specifically amending Section 62-4391 Definitions; Section 62-4398 Reclamation of Disturbed Property; and Chapter 62, Article XIII, Division 4, Subdivision II, Code of Ordinances of Brevard County, Florida, relating to Land Alteration, specifically amending Section 62-4421 Required; Prerequisites for Issuance; providing for the interpretation of conflicting provisions; providing for severability; providing for area encompassed; providing for inclusion in Code and an effective date.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Assignment of Option for Sale and Purchase with The Nature Conservancy for the Espinoza Property, located on the south side of Cinnamon Teal Drive in Mims; and authorize staff to exercise Option for Sale and Purchase on or before June 30, 2007.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Agreement with the Department of Community Affairs for the Weatherization Assistance Program (WAP) and the Low Income Home Energy Assistance Program (LIHEAP); and authorize the Chairperson to execute follow-up amendments or additions which increase program funding, contingent upon approval of the County Attorney and Risk Management.  Motion carried and ordered unanimously. 

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Subgrant Agreement 07-DS-2N-06-15-01 with the State of Florida, Division of Emergency Management for State Homeland Security Grant Program in the amount of $30,000; and authorize the County Manager or her designee to sign any documents associated with the grant and make necessary selections as required to execute the grant.  Motion carried and ordered unanimously.  

 

 

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to execute Subgrant Agreement 07-DS-5N-06-15-01 with State of Florida, Division of Emergency Management for State Homeland Security Grant Program in the amount of $79,969; and authorize the County Manager or her designee to sign any documents associated with the grant and make necessary selections as required to execute the grant.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the first of two public hearings to consider an ordinance establishing an ad valorem tax deferral program for recreational and commercial working waterfronts. 

 

Natural Resources Management Director Ernie Brown stated before the Board is a new ordinance for ad valorem tax deferral for working waterfronts as defined by Florida Statute 197.303; the State has been losing working waterfronts as coastal communities transition from a working environment to a residential environment; and in 2005, the Florida Legislature approved tools to local governments to provide relief to working waterfronts.  He stated the proposed ordinance is one of the tools that has been made available; it is a tax deferral program, not a tax abatement program or assessment reduction program; and it will provide a voluntary option for working waterfronts, which would include marinas, to opt into a deferral with minimal interest, if they are experiencing certain hardships.  He emphasized it is not a requirement; it is voluntary; while it is not a perfect solution, it is a tool that has been made available; and staff has been asked to bring it forward for consideration. 

 

Mike Cunningham, Chairman of the Brevard County Marine Advisory Council, stated paragraph 2 in the Agenda Report sums up everything they are trying to accomplish; advised of a trip through Florida to look at working waterfronts and marinas; and noted there is a big problem in the State.  He stated the problem is bigger than he realized; and something needs to be done to save working waterfronts or they will be lost.  He stated the Council has worked with the University of Florida and with Natural Resources in-depth on this problem; and the proposed ordinance is a good step forward.  He stated there were some questions as they went along in doing research; there were questions in the areas of tax deferrals versus abatement; and Mr. Brown explained that.  He commented on accrual of interest on a tax deferral, lack of participation, and voluntary compliance being a thing of the past; and stated the Council does not oppose the implementation of such an ordinance.  He stated something needs to be done about this statewide problem; Brevard County is at the forefront; the rest of the State is watching a lot of things the County does; and the Council would like to see the ordinance implemented and working. 

 

County Manager Peggy Busacca advised this is the first of two public hearings for the proposed ordinance.     

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to approve moving the proposed ordinance establishing an ad valorem tax deferral program for recreational and commercial working waterfronts to the second public hearing on May 24, 2007.  Motion carried and ordered unanimously. 

 

 

 

Chairperson Colon called for the public hearing to consider an ordinance amending Chapter 62, Article XIII, Division 2, Landscaping, Land Clearing, and Tree Protection, Utility Corridor Exemptions.

 

Commissioner Nelson stated there is no stronger supporter of the Landscaping Ordinance than he is; however, in this particular instance, the Board is setting up a scenario where it is going to be difficult for people doing infrastructure to deal with it.  He stated this is related to creating an approval process where to build a  road, someone would have to come back to the Board to get permission to do clearing and to then meet the landscaping requirements; it is going to drive up costs of roads; and it will potentially conflict with FDOT requirements in terms of landscaping.  He commented on FDOT changing requirements; and stated the County funds and prioritizes road construction so it is identified as a public purpose.  He stated the Board has committed to that process; but now it is saying the people have to come back and ask for permission to declare it a public purpose.  He stated the Landscaping Committee did a great job with the Ordinance; and inquired about holding the County to the same standard as the private sector.  Natural Resources Management Director Ernie Brown advised that would be government by example.  Commissioner Nelson stated the problem is nobody else is building roads; it is an extra step; it is a foregone conclusion that the Board is going to approve; and suggested not having an exemption process.  He stated he cannot foresee a circumstance where other issues would not crop up to deny it, not just landscaping; protections are there; but just from a landscaping perspective, it strikes him that this is going to be of no particular value and will just be additional work. 

 

Mr. Brown stated he appreciates that point; it could be proposed that a linear project, by definition, is in the future a public interest; and what is before the Board today is a revision to the existing criteria.  He stated in October 2006, when staff brought the Landscaping and Land Clearing Ordinance to the Board for final approval, one of the modifications was the linear project exemption, which did not require it come to the Board; but a modification during the meetings was made to require it to come to the Board for public interest determination; and the Task Force made a unanimous recommendation to eliminate the linear project exemption.  He stated speaking to the issue of government by example, the compromise the Board made was to keep the exemption, but have it come to the Board on a case-by-case basis to receive the scrutiny to see if it met the criteria.  He stated what is before the Board today is an expansion of the existing exemption to not only have linear projects as defined, which are roadways, arterial collectors roads, sidewalks, trails and paths, but also have utility corridors.  He stated right now the criteria is required that all the linear projects come back to the Board; this would add an exemption for utility corridors; and he does not know how the Board would like to proceed at this time. 

 

Commissioner Voltz stated she remembers having this conversation during the long process the Board went through; and recommended leaving it alone and letting the individual issues come before the Board. 

 

Chairperson Colon inquired what would the wording be that staff would like to have.  Commissioner Nelson inquired if it was going to go back the way it was, what would the appropriate wording or process be.  Mr. Brown responded the Board is going to get another wholesale suite of recommended changes in July; but under this particular scenario, if the Board  chooses to go that route, on page 3, item 6, where it starts out “linear projects”, to change it to the old exemption process where it was not required to come back to the Board, they would delete, in the third line, “if determined by the Board of County Commissioners to be in the public interest as defined by the Brevard County Comprehensive Plan Glossary.”  Commissioner Nelson stated he is okay with bringing it back at the same time with other changes; and it will give additional chance for public discussion.  Mr. Brown advised it is twofold; the discussion about removing it from the criteria would come back to the Board in July; but the other question about the utility corridors is a time sensitive issue.  He stated there is one FP&L project that there is no way to allow the clearing; the Code does not allow them to clear; and that is the sense of urgency for this particular issue; but staff jumped to the other issue, which was broader in scope than actual presentation of the Ordinance revision. 

 

Motion by Commissioner Nelson, to accept Mr. Brown’s wording. 

 

 

Commissioner Voltz stated she supports the item; and there was a long discussion on whether or not those projects would come back to the Board on an individual basis; with Mr. Brown indicating that is correct. 

 

Chairperson Colon stated that is the whole discussion because there are new Commissioners; if the new Commissioners feel it should not be coming back to the Board, that is something the Board would need to reconsider; and the Board could discuss it in July.  She stated the Board can approve this today and move it along. 

 

Commissioner Nelson stated his motion will be to approve this and bring back the question of the exemption in July with the other changes.                

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to adopt an Ordinance of Brevard County, Florida, amending Chapter 62, Article XIII, Division 2 Landscaping, Land Clearing, and Tree Protection; Amending Section 62-4334, Exemptions; providing for conflicting provisions; and providing for severability; providing for area encompassed; providing for inclusion in code and an effective date; and direct staff to bring back the question of the exemption in July 2007 with the other changes.  Motion carried and ordered unanimously

 

 

 

Chairperson Colon called for the first of two public hearings to consider an ordinance for the St. Johns Heritage Parkway. 

 

Commissioner Nelson stated he has a concern with the ordinance as it relates to the density bonus transfers and intensity bonuses; after reading the proposed ordinance it occurred to him that it had come almost full circle because the original concept of the Heritage Parkway was to be a limited access road to alleviate traffic problems in the Palm Bay area; but what has happened is the Board is now looking at additional accesses and even density bonuses, transfers, and all the things that go with growth.  He stated they have created a growth corridor; now they are going to put traffic onto the highway; and the County is encouraging even greater densities in the area where the road is going to go, when the original concept was to alleviate traffic problems that already existed.  He stated his concern is the Board pulls the road out of the discussion and looks at that area of the County, it would not say this is where greater density is needed; he is troubled by the fact that the road is being used to make land use decisions; and the Board should be looking at land use first and other issues second, so he will not be supporting the ordinance.  He stated of the nine items in the proposed ordinance, six are already in the pocket of those doing the negotiations; and the ones that are not are the density issues, which are the ones that trouble him.  He stated they can look at impact fee credits, additional parkway access, waiver of regulations, and those things that are already under the County’s control, and those things can be part of the discussions; but land use concerns him as it relates to that part of the County. 

 

Chairperson Colon requested Mr. Denninghoff and Mr. Knox provide some feedback.    

 

County Attorney Scott Knox stated the proposed ordinance is designed to give flexibility to negotiate for the acquisition of right-of-way for the road; it does not say the County is wed to each of the incentives; and it does not have to use the density or intensity bonuses.  He stated if the County does not like the proposal that the developer comes up with, it can say no; it is completely at the discretion of the Board as to whether it enters into the development agreements or not, so in a sense the Board  does not relinquish any control, but is just creating circumstances where, if it does have some density or intensity bonuses that it might be able to work into a plan without impacting the concerns, it would have the discretion and ability to do that; but it ultimately comes down to the discretion of the Board whether it wants to do any particular proposal or not. 

 

Chairperson Colon stated the project that was looked at in the past is not the same project the Board is dealing with now; the project the Board looked at in the past was exactly what Commissioner Nelson mentioned; it was strictly going to be getting money from the State; and two and a half years ago, the State made it perfectly clear that it was not going to give the County any more dollars.  She stated the County was looking for a corridor to evacuate folks from Palm Bay during a hurricane; it turned into a project where there had to be a lot of outside the box thinking; and at that point since the County did not have the dollars to put a road through, it looked at the private sector to be part of the project.  She stated the project has completely changed from what the Board envisioned a few years back; what was envisioned and what is happening now are two totally different animals; and this is where the Board is now in April 2007.  She stated in order for the road to be able to be built, there has to be some flexibility; and it does not mean the County has to give way the farm, but it does mean in negotiations, there have to be ways to encourage people to be part of it.  She stated the roads are in the millions and millions of dollars; Brevard County does not have the dollars to get this done; and the project is extremely important to South Brevard, not just to Palm Bay.  She noted it is not the Palm Bay Parkway; it is the St. Johns Heritage Parkway; and it has completely changed the way the county looked at it because at one point it was just looked at as being for Palm Bay.  She stated the concerns that Commissioner Nelson is sharing are the concerns they have been trying to address; there has to be some kind of compromise without giving away the farm; and that is basically what they are saying.  She stated they want to make sure they know where to draw the line; the County wants the partnerships; but there is also great concern.  She requested Mr. Denninghoff give some feedback regarding the proposed ordinance and the role it will play in future negotiations. 

 

Transportation Engineering Director John Denninghoff stated a few of the property owners have expressed an interest in utilizing the proposed ordinance; most of them are willing to sell at appraised values; however, several of them are inside of cities, so the ordinance would not apply and would not be a factor.  He stated others are looking to annex into cities, so it has not become a primary issue for those particular property owners either; however there are others that would eventually be interested in utilizing the opportunities that the ordinance would afford them.  He stated they do not have development plans that would take advantage of it as yet, which would be necessary under the terms of the ordinance; and right now it has not been a factor, but he can foresee where it will be a factor in the future. 

 

Chairperson Colon inquired what percentage of the parkway would probably be affected by that; and stated there are many different jurisdictions.  Mr. Denninghoff responded the area that staff

focused on is that portion of the parkway that is north of the current northerly City limits of Palm Bay; and he would say a third of it could be influenced or affected, but the other two-thirds either is not adequate or large enough to benefit from the ordinance or it is or will be inside a city.  Chairperson Colon inquired about accepting part of the ordinance with the recommendations Commissioner Nelson has given.  Mr. Denninghoff responded as he read the ordinance initially, he had concerns whether there could be a property owner who would attempt to exact a concession from the County in the form of density bonuses in order to donate the property; the County always has the option to say no and make a simple purchase; and he does not think there is going to be a problem.  He stated he has experienced a lot of unusual things with creative individuals; and that is not outside the realm of possibilities; but he does not believe it is going to be a factor in the foreseeable future.  He advised it is only about a third of the corridor that the County is working on that could be influenced by this.

 

Commissioner Nelson stated one of the issues raised is if the property is in the cities; if a developer went to the city and asked for additional density bonus if he donates his land to the County, the County would be over a barrel because it needs the right-of-way but the density bonus is in the City and the County has no control over that.  He stated he can see all sorts of possibilities in how to manage this process; and he does not want to see it become any more political than it already is.  Chairperson Colon stated it is funny hearing that scenario of people asking to come to the County because she has not had that experience. 

 

Mr. Denninghoff advised he would anticipate what will happen is the cities will alter their land uses based on normal planning and zoning procedures that would be followed and coordinated through the DCA and the Comprehensive Plan changes that would take place in a regular course of business; he expects that will be influenced by the creation of the parkway; and he does not know that it would influence the acquisition of the corridor; but it may be possible.  He stated it would be strange to enter into that sort of a negotiation with the city, County, and the developer and donation of right-of-way, but he has heard weirder things than that.

 

Commissioner Voltz inquired if this can be turned around to be a positive; and suggested if the land is within unincorporated Brevard County, if the person gives the land, the County may consider the density bonus.  Mr. Denninghoff stated that is an option; but until the ordinance is in place, the County does not have that option.  He stated most of the property they are dealing with right now is actually inside the City of West Melbourne or is slated to become part of that City, so it has not been an issue up to this point.  He stated once they have the ordinance as a tool, they would attempt to use it to secure right-of-way at a lower cost; but it is a relatively small part of the project.  Commissioner Voltz stated they are not giving away the farm; she and Commissioner Colon have worked hard to make sure the parkway is going to be built; and incentives do not mean mandates.  Mr. Denninghoff stated clearly all of the incentives would have to come back to the Board; and staff would adequately inform the Board what the effect of using these tools would be on that part of the County and on the corridor itself.

 

Chairperson Colon inquired which options Commissioner Nelson has a problem with that may be reconsidered in the future.  Commissioner Nelson stated 1, 2, and 3 are the land use issues; four through nine, while they are already available could be put in the ordinance so there would be structure; but the density bonuses, the transfers, and the intensity bonuses are land use decisions.  Chairperson Colon stated she would be comfortable to at least be able to pass items

four through nine and then continue to have the other discussions; the Board is treading slowly; and there has to be a comfort level for all.  Chairperson Colon stated it does not mean the Board is excluding items, but that some need a bit more scrutiny; she is aware that other municipalities are putting in these incentives, which is fine; but recommended the Board move slowly.  She stated she would be comfortable with four through nine now, and then bringing back the other discussions in the future.  Mr.  Denninghoff stated that would be a step in direction the Board was trying to go a few months ago when the idea first came up of creating this sort of ordinance.

 

Commissioner Scarborough advised this is not a final action today because it is the first of two public hearings.  Chairperson Colon stated she would still want those items excluded for now, if that is all right with the Board.  Chairperson Scarborough stated his point is the Board does not have to conclude its discussion today because it is not final; and he is amenable to taking Chairperson Colon’s recommendation; but the Board  is not up against the gun at all.

 

Chairperson Colon stated it is nice to do a lot of cleaning up from the beginning so when anyone comes to the second reading, they will not be talking about something the Board has no intention of supporting at this time; and it will make those discussions much cleaner and focused on what is in place.  She stated if anyone has opposition to the incentives, the Board will be discussing only items four through nine because items one through three will not be something the Board is discussing. 

 

Commissioner Voltz stated on page 2 of the proposed ordinance, under applicability, it says “transportation element of the Brevard County Comprehensive Plan, a copy of which is attached in figure 1”; but there is nothing attached.  She stated on page 7, under item H, it talks about properties that are subject to the incentive provisions of the ordinance being annexed by the city and agreements with the municipalities; and inquired if both of the cities have been contacted.  Mr. Denninghoff stated both Melbourne and West Melbourne received copies of the ordinance; he had conversations with West Melbourne staff; and they understand if the County negotiates a settlement with a property owner that the County would want to be able to assure that those incentives would be honored if the property was annexed into the City.  He stated the City did not have a conceptual problem with that, but would have to take the issue to the City Council.  Commissioner Voltz inquired if that has happened yet; with Mr. Denninghoff responding not yet.  Chairperson Colon stated that is an excellent point.  Mr. Denninghoff advised that would occur during the annexation process of a property; the County has put the cities on notice that this may be happening; and the cities are aware of it.  He stated the cities are eager to try to cooperate with the County in this effort to get the facility secured; but they aware that they will be affected. 

 

Chairperson Colon stated they should be clear that this particular corridor is unique, which means this would not apply to any other different scenarios throughout the County; and the reason this is being discussed is in regard to the parkway. 

 

Commissioner Bolin stated what she is understanding is if they remove items one, two, and three, they would be able to move this forward to the second public hearing; and for those items, they would continue discussions to decide if they would be added at another date. 

Chairperson Colon stated that would be in the future; and right now the Board just wants to move along items four through nine to the second public hearing. 

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to approve moving the proposed ordinance establishing incentives for donation of right-of-way for the St. Johns Heritage Parkway to the second public hearing on May 24, 2007.  Motion carried and ordered unanimously. 

 

 

 

Douglas Sphar stated he has waterfront property at Lake Poinsett on the St. Johns River, west of Cocoa; and his first choice would be option 6, to do nothing, but that option is not offered.  He stated he could probably live with option 4; options 2 and 3 are particularly bad; and paragraph 5 of the ordinance allowing substandard waterfront parcels in new subdivisions is not only bad for the Indian River Lagoon, but is bad for the St. Johns River.  He stated at Lake Poinsett, the western shore of the easternmost canal has homes on 100-foot lots with one dock per lot; the eastern shore of this canal is a horse ranch that is up for sale; and there are rumors of residential development.  He stated he and his neighbors see the potential of a developer putting 20-foot lots along the canal as a marketing feature; and this would be totally incompatible with the homes on the west shore.  He stated allowing substandard waterfront lots on only 20 feet of width with docks will basically annihilate any natural attributes of the shoreline; and there are also additional concerns.  He stated people like to have their family and friends along when they go boating; they are not going to want to trudge on foot from the interior of the development with all their paraphernalia in hand; they will want to park in the vicinity of their dock; but there is obviously insufficient land for that.  He stated he would hate to live on one of the lots across the street, especially on the weekend.  He stated it is probably not realistic to expect each dock owner to tote trash back to his residence, so they will want a trash container at their dock site; and inquired if Waste Management is going to be required to have a trash pickup at each 20-foot lot.  He stated the only point of allowing substandard dimension waterfront lots in new subdivisions is to maximize the financial return for speculators and developers who have undeveloped properties with limited waterfront; an interior lot would demand a premium by virtue of association with one of the little lots on the water; but it is not the proper business of government to be concerned about enhancing the financial return of development ventures at the expense of the environment and quality of life of nearby property owners.  He stated the LPA wisely recommended denial of the proposed ordinance; and the Board should either sustain the denial or approve option 4.    

 

Sandra Clinger, representing Save the Manatee Club, stated the group has commented in the past, and the proposed ordinance has not changed, so they continue to object to the proposal; the Board started with an interest in resolving a recurring problem; something that should have been treated with a fine detail pen is being treated with a wide brush; and as a result there are going to be lots of impacts to the community if paragraphs 5 and 6 are retained in the proposed ordinance because those are the provisions that open it up to allowing new subdivisions to create substandard size lots.  She stated the Board initially started to address those that already existed where there was a recurring problem; and that would have a controlled impact on a
known number of lots that exist today; and asked the Board to envision what the shoreline would look like if 20-foot wide lots were allowed and there was the potential for that expanding throughout the County.  Ms. Clinger commented on additional impacts to sea grasses; and stated there are ways for developers to deal with interior lots and give them waterfront access with multi-slip docks.  She stated many communities employ this, taking a portion of the waterfront property, making it community property for the neighborhood, and putting in a dock that interior residents who do not have waterfront access can use for access to the water; and parking and other things are already built into the community.  She stated she can envision an unknown number of iterations that people would find to do things with the lots that were never intended nor contemplated; and those things will create 10,000 times more problems than what the Board has today.  She stated if doing nothing is not an option and the problem is big enough that the Board needs to deal with it, then option 4 would have the least impact.

 

Commissioner Bolin inquired if Ms. Sobrino feels that the previous zoning regulation is so broken that the Board has to amend it; and was it a major problem.  Planning and Zoning Director Robin Sobrino responded the existing regulations, which place docks as being an accessory use to a single-family home, as it is currently crafted, seems to adequately address the majority of cases, so she believes the current Code is adequate in not only allowing people rightful use of their properties, but also protecting neighborhoods from intrusiveness with traffic and impacts to the environment.  Commissioner Bolin inquired if the Board takes no action, can it go back to the original and just do any exceptions on a case-by-case basis.  Ms. Sobrino advised the Board is either going to direct staff to create an ordinance that would allow some case-by-case scrutiny or otherwise it will be imposed countywide in the unincorporated area.

 

Commissioner Voltz stated this started in her District with the Pulieos who have a parcel that they purchased, which is not directly abutting their property; and this has been going on for some time.  She stated she supports option 4; it does not give anybody blanket use of the parcels to put little docks everywhere; and there is a problem with a specific area that allowed multiple docks.  She stated the Pulieos were turned in by a neighbor, but there are actually 13 or 14 docks within the same development that are in the same situation, so it affects a number of people.  She stated option 4 is going to address those people who the Board already knows have problems; they have already purchased the lands; and the Board has to do something to help them, but it does not need to expand on that. 

 

Motion by Commissioner Voltz, to approve option 4, to prepare an ordinance to specifically recognize 34 existing waterfront parcels (23 within existing subdivisions and 11 not in subdivisions) to be utilized for residential docks.

 

 

Commissioner Scarborough stated there are a group of people who are absent today and those are the ones who have property along where this could be impacted; he would be willing to consider the motion if those 34 lot holders were given notice that the Board was discussing this because it could profoundly affect their quality of life; and anytime he does something, he would like to have those who could be adversely affected be present. 

 

Commissioner Scarborough seconded the motion, contingent on notice going to the 34 affected lot owners.

 

Commissioner Scarborough noted the properties around the 34 properties will probably multiply to 300 or 400 properties; and if the Board was doing a rezoning, it would notice the surrounding properties.  He stated this is, in fact, a rezoning; it is impacting the nature of the utilization of property near people; the people spent a lot of money and pay a lot of taxes to be on waterfront properties; and commented on a scenario where someone would run a semi-public boat launch with associated traffic and trash.  He cautioned the Board needs to be careful with this.

 

Commissioner Voltz stated that is why she picked option 4; and inquired how people would be notified and will the others say no to the original 34 people.  Commissioner Scarborough stated maybe they will say no, but the worst thing would be to not let them come into the hearing when the Board is doing something that would impact their lives.  Commissioner Voltz stated she is just asking how they would do it.  Commissioner Scarborough stated the Pulieos have a particular one and there seem to be a series like it; those on the other side of the road would be clearly impacted by parking, trash, and noise; and commented on notifying people within so many feet or those living on cul de sacs.  He stated the Board should defer this item and get the number of people who would have to be noticed.  Commissioner Voltz stated that is what she was looking at; the Board could notify those in the subdivision; but her question was about the other 11 people. 

 

Ms. Sobrino stated there are three scenarios; one of them involves the people within the same subdivision using canal waterfront; the second one is also canal waterfront, but people are traveling to the subdivision to take advantage of the dock opportunity; and the last involves the riverfront projects.  She stated there are slivers of property not within subdivisions because a lot of the parcellation along the riverfront on the mainland was done through metes and bounds as opposed to through subdivisions, so the 11 waterfront properties in that classification are the ones on the river that were split up by metes and bounds.

 

Commissioner Voltz inquired how they would notify those who live around those parcels; with Ms. Sobrino responding they can notify those within a 300-foot radius, which is the standard zoning notification radius.  Commissioner Voltz inquired what kind of notice would be given; with Ms. Sobrino responding staff has not thought this aspect through as a direct mailing; normally ordinances are run as a display ad in the newspaper with just the title of the ordinance; and staff might have to craft something that helps the individual property owner to understand how the ordinance might specifically affect properties within their neighborhood.

 

Chairperson Colon stated this item needs to be tabled so that it can come back and give notice; and if the Board  approves it and then asks for feedback, that is not good. 

 

Commissioner Voltz stated she would like to have staff come back with the language concerning sending out the notification.  Ms. Sobrino stated the action before the Board today is not to act on the ordinance but to give staff direction as to the scope; and if the Board would only like to address the 34 lots that current exist, staff will craft the ordinance that way.  Commissioner Voltz stated she would like to do the 34 and look at the language to notice the neighbors.  Ms. Sobrino stated staff will come back with another report to show the wording of the ordinance and also the mechanism to notify the neighbors.

 

Motion by Commissioner Voltz, to approve option 4.

 

 

Commissioner Scarborough stated the Board is not moving option 4 except as Ms. Sobrino indicated; and the Board is not bringing the ordinance directly back, but is bringing a report back.  Commissioner Voltz stated that is correct, but the Board needs to give staff direction on which of the options it needs to do, which is option 4. 

 

Commissioner Scarborough seconded the motion.

 

 

Commissioner Bolin stated the Board is looking at moving this forward with option 4, with the clarification that Ms. Sobrino just stated.  Ms. Sobrino advised the way the ordinance is being discussed at this point would recognize the 34 lots as being entitled to have a dock.  Commissioner Bolin stated those are the ones that are on record as currently existing; with Ms. Sobrino responding at the time of the research, but it is a moving target.  Commissioner Bolin inquired how is the Board going to accommodate that at the final number or is this the number right now; with Ms. Sobrino responding at this point it would say this is the most current research available as of this date.

 

Commissioner Nelson stated it feels like the Board is creating an ordinance to legitimize a mistake; and he is struggling with it.  He stated he is of the do not do anything persuasion; there are going to be lots that are substandard that will now come in and say the Board did this for some lots, and they too would like a dock.  He stated it is a slippery slope; it was a mistake that should not have happened; and now the Board  is going to make it legal.

 

Commissioner Voltz stated it happened to a lot of people; the majority are within one subdivision; and there is a Code Enforcement issue, which is how it came about.  She inquired if the Code Enforcement action is abated until this is done; with Ms. Sobrino responding that is correct.  Commissioner Voltz stated the Board cannot ignore it as someone purchased the parcel with the understanding because the Board did not have anything that said they could not.  Commissioner Nelson stated the Board did have something but it was not interpreted correctly by those who bought the property; and it was never legal, but was just done.  Commissioner Voltz stated that is the kind of business the Board does on a regular basis.

 

Chairperson Colon stated option 4 is coming back with a report from staff letting the Board  know who would be notified; and they are looking at 34 lots; with Commissioner Voltz responding yes.  Commissioner Voltz inquired if the Board needs to continue the Code Enforcement abatement; with County Manager Peggy Busacca advising the Code Enforcement abatement was continued until the outcome of the ordinance. 

 

Motion by Commissioner Voltz, seconded by Commissioner Scarborough, to direct staff to return with a report in accordance with Option 4, specifically recognizing 34 existing waterfront parcels to be utilized for residential docks and providing a notification mechanism.  Motion carried and ordered unanimously. 

 

 

 

Larry Weber, Executive Director of Keep Brevard Beautiful, stated KBB is an affiliate of Keep America Beautiful; there are 565 affiliates all over the United States; and several years back, he had the honor of being elected to serve on the Board of Directors of Keep America Beautiful, where he served with Chairman of the Board Maury Myers of Waste Management and later with the new CEO, David Steiner.  He stated from the top down, Waste Management is very dedicated to service to the community; they are very concerned about the environment; and commented on affiliates and the statewide organization.  He stated there are 41 affiliates in Florida that do the same kinds of things as Keep Brevard Beautiful; and thanks to Waste Management and their lobbyists, all the affiliates in Florida have been able to get funding through the State Legislature.  He stated almost all of the 41 affiliates have a representative of Waste Management working with them on their boards; and Mr. Geletko is the incoming Chairman of the Board.  He stated, as he explained earlier, Waste Management helps with Trash Bash, the St. Johns River Cleanup, the Florida Coastal Cleanup, and several other projects through the year; Springfest is coming up and Waste Management will donate dumpsters; during the year, the KBB volunteers remove from 500,000 to 700,000 pounds of trash; and the majority of that is picked up by Waste Management at no cost to the County or KBB.  He stated he is very pleased with Waste Management and what it has been doing for the County, the State, and the nation. 

 

James Hale stated he is a resident of Cape Canaveral; and he is present to praise Waste Management’s containers.  He stated when Waste Management first instituted its program in the City, all of a sudden, they did not see any refuse on the road, or dirty trash cans.  He stated the yard waste containers are sufficient to hold almost anybody’s yard waste; and they no longer see cardboard boxes or plastic bags full of stuff, so it is a great improvement.  He stated the 96-gallon container for yard waste is sufficient; when Mr. Geletko came to the City Council to institute the program, one resident said the 64-gallon container was too big to get into his garage; he knows the individual and he could not get anything else into his garage; but he has no problem getting the smaller container into his one-car garage.  He stated the containers are built to hold a lot of weight; the smaller one holds 200 pounds; the larger one holds approximately 250 pounds, but both are easy to transport to the curb.  He stated the containers are attractive, sturdy, and can withstand a lot of punishment; when they received the carts, there was no charge for them; and Mr. Geletko assured the City that any maintenance or theft would be taken over by Waste Management.  He commented on the City’s Code and Code Enforcement. 

 

Michael Devillo, Public Works Director for the City of Cocoa, stated the Cart Program has been a win/win situation for the environment, the customers, the City, and cost; and the automatic side load system is going to be an industry necessity to control costs.  He advised right now the current garbage truck has three people on it; it is difficult to keep qualified people on the trucks, pay workmen’s compensation, and have enough backup support personnel; and going to one person per truck will become an industry necessary, probably nationwide.  He stated before the city of Cocoa got into negotiations with Waste Management, it outlined the four goals that it was going to expect during implementation; the City wanted its streets to look better, its environment to be cleaner, improve customer service, and remain a price point competitiveness locally and on a State comparison.  He stated they are approximately three months into the program and all four of those points are being met.  He noted streets are cleaner, the environment is cleaner,
their call load is down, and the residential rates only went up 21 cents per month per customer.  Mr. Devillo advised there have been bumps in the road; prior to instituting the system, the customers had to call in for big piles of green waste, but not for bulk waste, because there was a rear loader truck going down the street that could just as easily pick up a couch as a trash can; now, however, it has been changed and there is a learning curve that seems a bit slower than they would like, but they are working on it.  He advised now customers have to call in bulk waste, but not green waste; and that is a little bump in the road, but Mr. Geletko is working with the City to try to work that out.  He stated in the contract a separate fuel component has been introduced to the CIP adjustment; Cocoa is a proponent of annual CIP adjustments from an economic standpoint because it curves the cost and keeps the City from having to go to the customers with a big rate increase; but this year they do not have just a regular CIP adjustment, but a reduced CIP adjustment with an added fuel component.  He stated they will not go through that exercise until they have one full year of the contract; the contract provides for fair and equitable language; and the fuel component as part of the CIP adjustment is more a reflection of energy issues everyone is dealing with today and probably will for many decades to come.  He stated when the city introduced the program, it only had one notice that went out to all citizens; and it should have opted to have two. 

 

Ruben Mack advised he is a resident in North Brevard, manages apartments there, and is a Pastor of Friendship Missionary Baptist Church in Sharpes; and his experience with Western Waste has been excellent.  He stated any time he calls for unscheduled events, Western Waste renders service; and he appreciates the very good service that has been rendered, and hopes it will continue.    

 

Neta Harris, representing the Brevard Nature Alliance, stated the Alliance is a volunteer organization whose membership is composed of individuals, corporations, and other community groups whose interest is in environmental conservation issues, protecting natural resources and wildlife, and sponsoring ecotourism activities.  She stated Mr. Geletko serves as an active member of the Board of Directors; through Mr. Geletko, Waste Management has stepped up to assist the non-profit, tightly-budgeted Alliance to acquire some much needed office equipment; and Waste Management is an eight-year continuing sponsor of the Annual Space Coast Birding and Wildlife Festival, which is the Alliance’s annual educational event.  She noted Waste management provides both money and in-kind services, and supports other environmental conservation activities in the County.  She stated Waste Management is a national green corporation that thinks globally, but acts locally.  She stated she is also speaking as a resident of the unincorporated area and Waste Management customer.  She stated she has had no real issues with Waste Management’s services over the years; following the three back-to-back hurricanes that left a horrendous trash overload, Waste Management supervisors were manning trash pickup teams, driving trucks, and loading yard waste.  She stated you do not see that in too many companies; she encourages the new program for trash and yard waste containers that can be easily rolled to the curb; and that would be great for her neighborhood where the average age is between 55 and 70 years of age, including several widows and single mothers.  she urged the Board to renew Waste Management’s contract.

 

Marlene Adams stated she feels totally outnumbered.  She stated she lives in Canaveral Groves and had an issue earlier this month about trucks traveling through the area.  She advised most
people who would be affected by the contract with Waste Management Services have to work and cannot attend a meeting at 9:00 a.m. or 1:00 p.m. to speak before the Board; and the Board is elected to make those decisions for the majority of the people who cannot be present.  Ms. Adams stated when she was before the Board in April, she spoke about a troublesome issue; a driver was speeding through Canaveral Groves; and when confronted, the driver was belligerent, so she reported him.  She stated she spoke with Mr. Youmans and was not satisfied with the answer because he indicated there had been trouble with the driver before; but when she left that day, she went by the landfill and another truck was speeding through Canaveral Groves, so she reported it.  She stated the next day it happened again; Mr. Youmans told the Board he was working on the problem; and when Mr. Youmans finally reached  her, he had somewhat of an attitude.  She stated Mr. Youmans asked her if she had laser guns to clock the drivers and commented that her allegations were just conjecture; she does not get paid to talk to the Board or to report speeding through Canaveral Groves; and she has no other interest other than the safety of the people and keeping the rural nature of the community.  She stated after a couple of days, the problem was corrected at least temporarily; but it has been an ongoing issue and while it may subside for a while, it comes back.  She stated before the Board hands Waste Management a new contract, it should make sure some of these things are addressed like not breaking the law or taking shortcuts through Canaveral Groves.  She stated Canaveral Groves is a country rural community; the residents would like to keep it that way; and if the drivers are belligerent and do not have respect for the residents, and the manager accuses her of just using conjecture, that reflects on the drivers as well.  She stated she does not know when the company plans to initiate the can program in the rural part of unincorporated Brevard County; but when people have an acre of land, it is impossible to get everything in a can.  She stated she has noticed in some areas of Cocoa, some people are leaving the cans by the roads; the people do not like the cans and do not want to drag them in and out; and so they are using them as dumpsters.  She stated she understands it is probably environmentally cleaner; but a lot of stuff that may be usable will go in the cans and end up in the landfill.  She stated she appreciates the Board is doing what is best for the residents; and requested the Board nail down in the contract that the drivers are not to break the laws, speed, or take shortcuts. 

 

Chairperson Colon inquired how long ago did the incident happen; with Ms. Adams responding the taking of shortcuts through Canaveral Groves has been ongoing.  Chairperson Colon stated she is talking about the particular driver; with Ms. Adams responding it came right before she appeared before the Board; she spotted two more drivers after Mr. Youmans said the problem was corrected; and for right now, it appears it has been corrected, but she would like it to be permanent.  Chairperson Colon commented on how her Commission office deals with problems with collections, and Waste Management dealing directly with customers.  Ms. Adams stated she found drivers speeding through Canaveral Groves; she usually calls the Commissioner’s office, which gives her the number to call Mr. Youmans; and she has talked to Mr. Youmans about this some months past.  She stated Mr. Youmans said it would be corrected; and then the problem was compounded and the whole attitude was disturbing. 

 

Craig Yoder, President and owner of Progressive Recycling, stated he is present on behalf of the two recycling contractors in the County who currently process the curbside recycling, to answer any questions that may come up and to remind the Board that when they were here last September, the two contractors were going to be included in the negotiations concerning recycling. 

 

Bob Hyres, representing Waste Pro, stated he is a competitor of Waste Management; and he is present to request the Board consider the option of taking RFP’s for either the northern area or the entire County.  He stated he would be happy to respond to the entire County, but he is specifically interested in the northern area.  He stated he lived in Windover Farms for six years and successfully managed the north half of the County for six years; and although he did not know Commissioner Nelson at that time, he dealt with Commissioner Scarborough on a regular basis, and he was happy with the service.  He stated the same company has been providing the service for over 30 years; there has never been a bid or an RFP or a selection process in Brevard County; it started out as Harris Sanitation, which was acquired by Waste Management, to become Harris Sanitation/Waste Management; he worked for USA Waste, which acquired Waste Management, changing its name to Waste Management; and he is not saying anything bad about Waste Management because it is a very good company.  He stated his company deals with 60 cities and counties in Florida; they collect at over 400,000 homes, 100,000 of them with the same carts as Waste Management; and they provide the same kind of services.  He stated as far as activities and environmental organizations, he was a member of Keep Brevard Beautiful, Keep Orlando Beautiful, Keep Florida Beautiful, and he chaired the National Solid Waste Management Association, Florida Chapter.  He noted after he stepped down as Chairman, he nominated George Geletko as the new Chairman, so they all have the same history, offer the same services, and are involved in the communities.  He stated in the last 30 days his company has been involved with Eagle Scouts, Habitat for Humanity, Relay for Life in three locations, and sponsoring a steak dinner for the Boys and Girls Clubs.  He stated he is specifically interested in the northern area; his company currently is providing services to Kennedy Space Center, Cape Canaveral Air Force Station, and Patrick Air Force Base under long-term contracts; the County previously had two companies for many years; and that changed in 1998 when the two companies merged.  He appealed to the Board to consider a competitive process; stated competition is good; and it would provide a comparison of one company to another company.  He noted there are also no cities in the County that have taken bids in the last 30 years; and it is a unique situation compared to the other 66 counties in the State. 

 

George Geletko, representing Waste Management, displayed a PowerPoint presentation; and stated he agrees with everything that Mr. Hyres said.  He stated Waste Management went through a long negotiation process; staff did its homework; and as they did a comparative pricing throughout the State, they understood that the price in Brevard County was very competitive and the level of service is probably higher than most other areas.  He stated the proposed offer is an automated two-cart system, one with the expanded recycling program and the other with the current recycling program; there is a balanced rate structure between residential and commercial collections; and in surveys they have done throughout the State, typically commercial bears the burden for the residential, but in Brevard County, it is fairly done.  He stated with the expanded recycling program, they are talking about a one-sort system, which is very efficient and will keep costs contained.  He displayed containers; and stated they are proposing a two-container system; and based on their experiences, they found the best combination to be a 64-gallon container for garbage and a 96-gallon container for yard waste.  He stated the containers can be used either way since collection days are separate; they chose the collection vehicle because it has an efficient hydraulic system and is quiet compared to a rear loader; and it has safety features including cameras in the hopper system and on the back
of the truck.  Mr. Geletko stated there is also a monitor in the truck so the driver can observe what is being dumped into the hoper system; and if it is unauthorized trash or yard waste, the driver will be able to spot it right away.  He stated the camera at the back of the truck gives a 360-degree view of the back of the truck; there is a low entry cab; and if there is a problem, the driver can stop the truck, open the lid of the container, and see what is inside without losing any productivity.  He stated since there are ocean breezes, they also looked at the type of hopper system and the windshields; and it has a three-sided hopper system with a roof over the top to contain the trash within the hopper system.  He stated they look at the pricing of $11.65 per unit and $3.80 per cubic yard on commercial; they will invest $20.5 million in the project; and a large portion of that is in supplying the two carts.  He stated each resident will get up to two carts; and the base service will be garbage collection twice weekly with the 64-gallon container, yard waste collection once a week with the 96-gallon container, and recycling once a week with a 14-gallon container.  He stated twice weekly they will collect bulky items, white goods, and tires; this service started in 2003; and the reason they started collecting white goods was because they did not want to put the into the compaction vehicles where there might be Freon filtered into the air.  He stated there will be bulk yards waste collection once a week; and that collection will remain in force for large cutbacks on trees, etc.  He stated the current recycling program is a six-sort system; and explained how the driver divides the various elements and puts them into bins.  He stated when there are storms, people load up on plastic bottles; the truck may go the recycling center 25% full because one bin fills up; and explained the efficiency of a single-sort system.  He stated the advantages of the expanded program are obvious; and commented on collection of phone books, magazines, junk mail, envelopes, catalogs, cereal boxes, and milk and juice cartons.  He stated there will be future challenges; and advised of changes brought about in 1991 because of Senate Bill 1192, which forced them to go to the curb four times a week instead of two times a week, to have separate yard waste from garbage, and to pull out recyclables.  He stated they now have four collections a week versus two; during the 1990’s they were looking at fuel at 65 cents per gallon; prior to the Contract they are in now, in January 2002, fuel was at $1.15 a gallon; today the average price is $2.78 a gallon; and they are projecting by 2013, fuel will be at $2.74 a gallon.  He stated they have to get more efficient with what they do if they are going to contain costs.  He stated the next challenge is labor shortages; the company has taken steps to make sure they are properly staffed; they instituted a CDL driving school to qualify people who may not have a CDL license; and their recruiter is present to speak to that issue in depth.  He stated the Safety Manager is also present to speak about that issue and to relate the customer benefits of the side load system.  He stated James Dean with Florida TODAY did a comparison of the two collection systems in December; typically the week after Christmas is the heaviest garbage time of the year; and advised of going out on the day after Christmas and driving around Satellite Beach.  He stated Mr. Dean wanted to know where all the debris was because he did not see it; he advised Mr. Dean that he did not see it because the debris was in the cans; and when Mr. Dean checked one of the cans, it had Christmas wrappings and everything in it.  He stated the capacity that each resident will have will be up to five cans; and typically at Christmas there are three to five or six cans or bags of trash.  He stated when they went to the next neighborhood that was on the manual load system, it was very easy to spot as trash was piled up by the curb and there were three people on the truck.  He stated Mr. Dean asked the driver of the automated system some specific questions; the driver communicated that it saves his back and will increase his ability to provide good service long into his older years.  He displayed the containers; and stated they are well balanced and easy to move around.  He stated when they started the pilot program in the beachside communities, they sent out instructions on how to prepare the garbage; and one of the things they learned through the survey was if they put all of the information on the container, it works very well.  Mr. Geletko stated when they did the conversion on the Cocoa contract, they listened to what the people were telling them; they put the garbage collection days on the 64-gallon container and the yard waste collection day on the green waste container; and they also included common sense tips and instructions.  He stated it was the same thing they sent in the mail to the beachside communities; the first week they started the program there, they had approximately 3,000 calls out of the 12,000 households; but when they did the Cocoa program, which involved 6,000 homes, they had fewer then 200 calls because the instructions were right on the containers.  He stated the reason they picked unincorporated Indialantic was because they were already doing all the cities there, and it filled in the doughnut; they already had the equipment in the area; and it made sense to do it there.  He stated out of the 1,781 residents in the pilot program, they surveyed 100% and got a 35% response, which is a huge response when doing surveys where typically there is a 10% to 15% response; and 90% supported the continued use of the auto-carts.  He stated what they were really doing at that time was measuring the difference between the rear load and the auto-carts; and 96% agreed the carts eliminated the problems they had with the cans, 87% said the overall neighborhood appearance was improved, and 72% agreed the carts were sufficient for yard waste.  Mr. Geletko advised 30% of the people generate 70% of the waste; 80% said the carts were easy to handle, and that was with two 96-gallon carts.  He stated what they agreed to was using a 64-gallon cart for retirees; but they learned they cannot discriminate, and if people wanted a 64-gallon container, whether they were retired or not, they were given that size container.  He stated they felt the best combination was 64-gallon container and a 96-gallon container; and that has worked very well.  He displayed a slide showing the area before the pilot program; and stated typically people were putting out two or three containers and the truck would have two or three guys on it depending on the time of year.  He displayed a slide showing the area after the program started; and stated they have testimonials from Cape Canaveral, Satellite Beach, Indian Harbour Beach, Indialantic, unincorporated Brevard, Melbourne Beach, and the City of Cocoa.  He stated Donna Minor will speak about the safety program; and they are available to answer questions.

 

Donna Minor, Market Area Safety Manager for Waste Management, stated the company’s safety mission is Mission to Zero, which means zero tolerance for accidents and injuries, ensuring that all employees return home safely every day, and safety for the public as well.  She stated Waste Management has several programs; the company hired a full-time recruiter to bring the right people on board; no matter how many training or safety programs they have, if they do not have the correct people, they are not going to help; and they also have a Florida Training Center in Tampa, where all new hires go through the two-week program.  She stated it is an intense program; and described elements of the program.  She stated they also go through a driving training course; all the instructors are third-party CDL testers, certified by the State of Florida; and each District also has a driver trainer, so once the employees leave the training center, they still have ongoing training.  She stated they conduct weekly safety meetings; and the most effective tool is the OBA’s, observational behavioral assessments, where route managers go into the field and work with the drivers to ensure they are following the safety rules.  She stated that is also a good chance to see if there are any customer service issues; they contract with an outside company to do the OBA’s; and described how the OBA’s are
carried out.  Ms. Minor stated they also conduct health fairs to ensure that drivers are healthy; do quarterly driver reviews, where they review any customer service issues and safety concerns; and from that, they develop programs with the particular drivers. 

 

Robin Ruderson, Waste Management Recruiter for the Center Florida Market, stated she was brought on board in August 2006 to help with some of the staffing issues; and as Ms. Minor said, they implemented a training program in Tampa that all new hires go through.  She stated in addition, they also certify people with the Class B CDL license; that is an additional three weeks of training versus the way people were doing it by going to a trucking school and paying $5,000 in tuition; and this way the employees are being paid to learn safe operation of the equipment and vehicles.  She stated Brevard Job Link is a major source for candidates; and she also recruits through job fairs in the area.  She stated Waste Management is helping people build careers versus just having a job; and the company is committed to the community as well.  She stated the shortage of drivers that is projected by DOT will never be an issue with Waste Management due to the programs it has in place, the Florida Training Center, and the support from the community.    

 

Larry Dalla Betta, with Waste Management-Recycle America, stated he will be going over what they are doing and what resources are available to the County; and advised lately he has been working on municipal marketing, education, teaching, and pushing the processing and collection of single-stream recycling at the curb.  He commented on a new single stream facility in Pembroke Pines, Florida that processes 45 to 50 tons an hour; and stated if Brevard County ends up going single-stream, it will be processed at the Orange County facility, which has given written approval that it will accept every ton of material that comes from Brevard County.  He stated Recycle America is the largest processor and recycler in North America; and it has over 90 facilities throughout the country.  He stated the company markets and sells, after processing, five million tons of recyclable commodities a year; of that, two and one-half million tons is newsprint; and one and one-half tons of that come from single stream facilities.  He stated the company owns and operates 26 single-stream facilities; the Board may have heard that things coming out of single-stream processing are not marketable or are dirty; but they would not be spending millions of dollars on the equipment if it did not work and they are committed to making it work.  He stated they are buying the right equipment to make it work; it allows collectors to get trucks off the streets, reduces traffic in cities, and reduces fuel costs and pollution.  He stated he does not see why the other counties would make a decision to stay with a six-sort system; if one bin fills up, it has to drive all the way back to the dump and then go back on the route; and single-stream could eliminate vehicles on the street.  He commented on the use of carts and putting everything in one cart without having to separate things; and invited the Commissioners to come and tour one of the single-stream facilities.  He stated Collier County has gone full-blown single-stream with automated carts; and that County’s participation level went up 56% and the tonnage up 30%.  He stated he has information for anyone who wants it concerning single-stream recycling; Collier County has seen a tremendous increase in participation and a decrease in the amount of material going to the landfill.  He stated they are all trying to save space so they do not fill up the landfills; no one wants to spend more millions on incinerators; and the answer is at the processing facilities.  He stated every pound that can be recycled is being recycled; and commented on recycling being done by the municipalities in Brevard County and partnering with local recyclers.   

 

Terence Youmans, representing Waste Management, stated they do not take safety lightly; two weeks ago he advised what he planned to do concerning the incident Ms. Adams reported; and they have followed through on that by removing the driver from that route, documenting the experience, and having full engagement from the route management team in the Canaveral Groves area.  He stated they have also been working closely with law enforcement to continually mediate that issue; and they offered an opportunity to meet with Ms. Adams, but it was denied.  He stated they will continue to push in the spirit of achieving safety excellence; when he stood before the Board in August 2006, the company had a fair share of challenges; and it was clear that the company needed to reduce complaints about recycling, residential garbage collection and yard waste collection.  He stated in August 2006, there were 73 complaints coming from North Brevard; they company recognized the key challenge was a lack of driver talent; and Ms. Ruderson has spoken to the Board  about some of the things that have been done to assist in the staffing challenge.  He stated they are currently fully staffed and are achieving great efficiencies because of it; and they have the Florida Training Center where they are able to improve upon people’s lives by offering training, certification, and licensing that would otherwise cost thousands of dollars.  He stated they provide six services week-to-week to 54,000 residents in North Brevard; if they extrapolate that over 4.3 workweeks per month, it is approximately 1.4 million customer opportunities; and while they started with 73 complaints, through the last eight months, they have been averaging 18 complaints.  He stated they are satisfied with 18 complaints; and while they strive for perfection, they are pleased with 75% improvement.  He commented on the auto-cart process, synergies, leveraging with the Melbourne District to share equipment and personnel, achieving economies of scale, safety, retention of manpower, and complaints.  He stated the key to success has been team effort, increasing staffing and retention, and increasing focus; and advised of weekly meetings with Districts 1 and 2 Commission offices.  He stated they go through root cause analysis to insure that problems are documented and that mistakes are not duplicated; and they are poised and confident that they can provide the service and look forward to continuing to pursue excellence. 

 

Chairperson Colon stated every organization deals with rotten apples who mess it up for the entire organization; and inquired about training.  She stated it is easy for elected officials; if the people are not happy, the elected officials are not happy; and commented on accountability.  Mr. Youmans advised there is ongoing training; they mediate those experiences through documentation; and they share them at the safety meetings and put them out as challenges.  He stated every one of the drivers knows that he or she will be reprimanded if caught violating the mandates that are placed before them, namely speeding, which is one of the life critical rules that is viewed as a serious safety issue.  He stated infractions are documented and there is zero tolerance the second time; and commented on quarterly driver reviews for overall performance in terms of attitude, absenteeism, safety, productivity, customer interaction, and customer service.  He stated they develop goals through personal development goal planning to overcome the challenges and obstacles. 

 

Bridgette Sherwood stated she is a recycle driver for Waste Management in the Cocoa Hauling District; and she is proud that she was asked to speak today.  She advised of her background as a life-long Brevard County resident, service in the Marine Corps, and moving back to Brevard County after being honorably discharged.  Ms. Davis stated she went to Waste Management because it was a company that could give the income and benefits she needed to raise her three children; and she found much more than that as she found a career.  She stated she went to college online and at night classes; and in December, she graduated with her Associate’s Degree.  She stated she is now starting to work on her Bachelor’s Degree and plans on moving into a management position with Waste Management.  Ms. Sherwood stated Waste Management strives for customer service; she runs five routes a week, three in Merritt Island, one in Port St. John, and one in Mims; and commented on team effort and drivers helping each other finish the job.  She stated there are ways to make things easier and better; going to the cart system will help lengthen the careers for Waste Management employees; there is a high rate of turnaround because it is hard work; and it will help lengthen careers because it is not back-breaking work.  She stated going to the single-sort system for recycling will help the environment and will be a lot faster.  She stated she drives one of the trucks; she may have a lot of plastic but only be half-full on paper, but she has to go to the dump; and it wastes time and is not cost effective in terms of fuel.  She stated to make customer service better, it makes sense to go to the single-sort system because they can service a higher number of homes in less time.

 

Chairperson Colon stated Ms. Sherwood is a good role model for her children. 

 

Buddy Spakes stated he lives in Canaveral Groves; Mr. Geletko showed some good looking garbage cans; however, the problem is the raccoons are smart enough to get in them.  He stated they need cans that lock; there are wild hogs that will knock the cans over and have fun with the trash; and that creates a mess.  He stated the cans in the rural community need to lock or there will be a mess scattered all over.  He advised Marlene Adams did not meet with Mr. Youmans because of Mr. Youmans’ attitude toward him and Ms. Adams; and he was not comfortable with it. 

 

Chairperson Colon inquired how does Mr. Spakes have his garbage out now; with Mr. Spakes responding they have to buy special locking trash cans.  Commissioner Bolin inquired do the collectors have a key or how does service happen.  Mr. Spakes responded it is not a padlock, but the handles lock the lids onto the cans; and they need cans that can be knocked over and roll down the road without opening or there will be a mess.  Chairperson Colon stated it was also mentioned that people with more acreage would need more containers.  Mr. Spakes responded even the large can is not big enough to hold his yard waste; they have acres that are mostly wooded, and pick up limbs all the time.  Chairperson Colon stated limbs do not go in the garbage.  Mr. Spakes advised right now they put them in a pile and the come by with a boom truck and pick them up.  Chairperson Colon commented on mixing garbage with green waste.

 

Commissioner Bolin inquired if any other Commissioner is on the cart program; and no response was heard.  She stated having lived in Satellite Beach for the last 15 years, she has gone through a lot of garbage cans; they tried all different styles; and they finally ended up with one that was over $100 because it had wheels that detached from it.  She stated they were then able to become part of the pilot program with the new containers; and it has made a world of difference.  She stated a miracle happened; her husband started taking out the garbage; she has two 90-gallon containers; and no matter how much she fills them up, it is easy for him to maneuver the containers to the end of the driveway, so they are happy with the system.  She stated they do not have wild raccoons or wild boar in Satellite Beach residential areas; but they did have a problem with dogs and cats when they had the old system.  She stated garbage cans would be knocked over; some residents would put out a plastic type of deposit on the driveway; and the contents would be all over the neighborhood by morning.  She stated Indian Harbour Beach City Manager Jackie Burns said, “By having this new cart system, the unsightly mishmash of garbage cans, boxes, and bags are gone.  We no longer have half of our garbage going down the drainage system and eventually into the lagoon.”  Commissioner Bolin advised Ms. Burns feels Waste Management has an excellent record, the special pickups favor the senior citizens and the handicapped individuals, and the company is always there to respond to questions; and she is very pleased with the service.  She stated she noticed when there were three gentlemen on the truck doing an early morning pickup through her neighborhood, they were very chatty and she could hear them; but now with just one person on the truck, it is quiet.  She stated when she was in Emergency Management, there was in incident in Cocoa with flooding; she called Waste Management to advise there was a situation where people were going to have a lot of their furniture and household effects being removed from their homes because they were ruined; and the answer she got was, “How many dumpsters do you need and where do you want them.”  She stated a response like that is priceless; Waste Management did not charge them; they were continuously emptying the dumpsters for the citizens; and she thanked them.  

 

Commissioner Scarborough stated the Board has talked about a lot of things like types of cans, methods of pickup, and community involvement; but in the past 18 years, the issue of the contract and whether to renew or not has come up two or three times.  He stated the contract was with Western Waste; the last time he pushed to have the contract continued with Waste Management; but these are important moments for the Board; and the Board has not gotten to some of the things.  He stated all of the Commissioners have gotten briefings from Mr. Rodriguez; and commented on the contract currently with Waste Management, the ability to have a continuation with 5%, but with some of the problems, having two providers previously, and the benefits of an RFP.  He stated he has heard that going out for RFP can be one of the most frightening things; but there has been a propensity for Districts 1 and 2 to have higher complaints.  He stated there has been an upward trend in the last three or four months when Waste Management has been trying to get his business; and inquired what is going to happen once the company has his business.  He stated that is probably not a concern for the other Commissioners; but Orange County has three providers, Seminole County has three providers, Lake County has two providers, and Brevard County previously had multiple providers.  He stated the County has the capacity to go through multiple providers; and inquired what advantage would it be to South Brevard to go in an RFP direction.  He stated if the Board is happy with the current, it can take the 5%, but they are looking at 13% or 16% or 20% increases in rates if they want to have more teeth in the contract.  He stated one of the ways to have more negotiation discussion is to have a flood of RFP’s coming in at the other end of the County; if the Board wants to have measures of quality of service for the area, it can have another provider; and if the other provider comes in and does more poorly, then that is good for Waste Management.  He stated there is a benefit in the money and quality of service for the people in the unincorporated areas in South Brevard; he is the one at risk; but the Commissioners in South Brevard may receive collateral benefits. 

 

Chairperson Colon stated the Commissioners represent the entire County, not just one District; and all the decisions she makes affect the entire community; and commented on economies of scale, levels of complaints, process for dealing with complaints, and Waste Management’s personnel policies.  She advised she has been a public servant for 13 years; she has followed Waste Management carefully; and when someone calls her office with a problem, she suggests they talk to all the different Commissioners.  Chairperson Colon stated she does not have an issue with Waste Management; the Board should be careful what it wishes for; and commented on balancing what the County is getting against risk, and accountability.  She stated complaints of any magnitude need to be looked at with the team approach; whatever anyone in the field is doing affects the Board; the individuals calling in are the bosses of the Board; and the Board expects them to be treated with the utmost respect and professionalism by service providers.

 

Commissioner Voltz stated she was looking at the price of $11.65; the truck comes by her house at least 16 times a month; and that equates to about 75 cents per pickup, which is very inexpensive.  She stated some of the information Mr. Geletko provided on the different current RFP’s had higher prices; and $11.65 is extremely cheap for the services that are provided.  She inquired how drivers are reprimanded, and is that something that can be put in a contract; and stated the citizens need to feel they have some sort of recourse.  Mr. Geletko stated the company follows all State and federal guidelines as far as being an employer goes; the company has zero tolerance; and if there is a logged complaint about a driver being discourteous, being ticketed for speeding, or if a route supervisor catches a driver and logs it, the second time it happens, the driver is gone.  Commissioner Voltz stated the person who was mentioned was not ticketed; nobody knew how fast the driver was going; but obviously he was going fast enough for someone to notice he was going too fast.  Mr. Geletko stated Mr. Swaggart has been with Waste Management for a year; he passed the background check with a clean driving record; and after the incident, the company took corrective action by moving the driver out of the neighborhood and writing him up for his actions.  He advised if it happens again, the driver will be discharged.  Commissioner Voltz stated Ms. Adams said there were two incidents after the first incident; so she assumes there were two different drivers also speeding through the neighborhood; and inquired what actions are being taken to prevent the drivers from going through that particular neighborhood.  Mr. Geletko stated they do a couple of things; as a company, when they get complaints, they place supervisors in the area to monitor the activity; they check the DMV records every quarter; and he cannot remember the last ticket that any of the drivers were issued.  He advised the trucks when loaded are approximately 58,000 pounds; they have a very low gear ratio; and to get them up to speed of 20 to 30 miles per hour, the engine revs high, which in a lot of cases sounds like they are going faster than they are.  He stated there was a similar complaint in Indian Harbour Beach; the City Manager had radar set up; and what they found was that the truck was well within the speed limits.  He stated the company has requested the same thing in Canaveral Groves; and if a driver is caught speeding and gets a ticket, he or she will be reprimanded for it.  Commissioner Voltz inquired if anything can be done about the lids on the cart system.  Mr. Geletko stated the same cart is used throughout the country; it is not unique to Brevard County; and they have not had any animal issues with them.  He stated two weeks ago, when there were 15 to 20 mph winds in the County, the cans stayed upright; and he does not think that is going to be an issue.  He stated if there is a wild boar going after a can, he does not care what kinds of locks are on it, the boar will get into that can; but they have not had any raccoon or other animal problems with the cans.  Commissioner Voltz stated Commissioner Scarborough said something about the Commissioners potentially benefiting; but $11.65 is very inexpensive.

 

Commissioner Scarborough stated additional negotiation would take place; but if the Board renews, it goes to $10.47, which is a 5% increase with no additional teeth in enforcement in case there is a problem, or to $11.65 and trying to negotiate more teeth, which is a 16% increase.  Commissioner Scarborough stated his point is the Board is not entering into a contract today; it is talking about concepts and bringing a whole litany of new RFP’s to the table; and that will allow the Board to see what anybody else is offering.  He stated as the Board deals with Waste Management, it will provide a knowledge base; and he has been advised that if the Board did go out for RFP, it would need to get a very good consultant to craft it so the County does not get burned.  He reiterated the Board  is not agreeing to something today; it has the ability of some other expertise; it will be voting on any contract that would go to a portion of the County; and Commissioner Nelson has been silent, but the truth of the matter is the Board talks about the north including District 2, but Mr. Rodriguez has advised the maps can be drawn any way the Board wishes. 

 

Commissioner Voltz stated if they do go out for RFP and get a new provider in the north, south, or whatever, Commissioner Scarborough is not going to be here to get the phone calls.  Commissioner Scarborough stated when he met with Mr. Geletko he said in two years he will not be in office, but he would like to be part of the process; and what he thinks may not only be good for District 1, but for the County as a whole.  Chairperson Colon joked Commissioner Nelson wants it in the contract for people to call Commissioner Scarborough even if he is not in office. 

 

Commissioner Voltz stated she is not interested in looking at an RFP; and she is very happy with what Waste Management is doing.  Commissioner Scarborough inquired if that is true even in the portion of the County that does not affect Commissioner Voltz.  Commissioner Voltz inquired how many calls Commissioner Scarborough gets; and advised she hardly gets any calls.  Commissioner Scarborough stated that is the frustration.  Commissioner Voltz stated even if another service provider comes in, the problem seems to be getting CDL drivers; and no other company is going to be more successful in getting CDL drivers.  She stated she does not see the issues Commissioner Scarborough is having being benefited by having another company come in; and she sat through the meetings with Western Waste, which was not doing a good job.  Commissioner Scarborough advised of frustration with Western Waste, calling complaints to the district office and then the corporate office, Western Waste getting another contract, and working with Bob Hyres who took care of the problems.  He stated the constituents are saying they are not happy; he does not care if it is the truck or the driver; the company was hired to take care of the problem; and if anyone wants to know all the complaints, they can call Kathy England in his office to be briefed.  Commissioner Voltz stated District 1 has a lot of large lots while South Brevard has a lot of cities and is more compact, so it is different.  Commissioner Scarborough advised Port St. John is very much an unincorporated area that looks like a city. 

 

Chairperson Colon stated service is service; the level of service must be the same; and the board expects that for every citizen in the County.  She stated she is not interested in whether it is District 1 or not; she is just as upset if they are not getting that level of service in District 1 as she would be if it was in District 5; and that is what needs to be echoed across the board.  She inquired about the number of citizens being serviced.  Solid Waste Management Director Euripides Rodriguez stated there are 55,000 homes in the unincorporated north area and approximately 42,000 in the unincorporated south area.  Chairperson Colon stated if the municipalities are added in, that would give a true number of how the people in the County are being serviced; and recommended looking at the bigger picture.  Chairperson Colon stated the Board needs to demand the same kind of quality service for every one in the County, no matter what the density; and suggested a motion be made to move this along. 

 

Commissioner Nelson inquired what is the number of District 2 houses that are part of the north area; with Mr. Rodriguez responding he does not have that breakdown.

 

Motion by Commissioner Bolin, to accept the Waste Management proposal that is before the County. 

 

 

Commissioner Scarborough stated the Board  does not have anything.  Chairperson Colon stated it will continue the negotiations. 

 

Motion by Commissioner Bolin, to direct staff to continue negotiations with Waste Management, Inc. for solid waste collection contracts for the north and south service areas. 

 

 

Commissioner Voltz inquired if that is with the single cart; with Mr. Geletko responding it is two carts with single-sort.  Mr. Rodriguez stated if the Board eliminates the RFP option, it is looking at the option renewal and whatever final negotiation the Committee comes up with to present to the Board. 

 

Commissioner Voltz seconded the motion.

 

 

Commissioner Nelson inquired what is the drop-dead date on an RFP decision; with Mr. Rodriguez advising after May there would not be sufficient time to do it.  Commissioner Nelson inquired when Mr. Rodriguez would expect something to come back; with Mr. Rodriguez responding when they are doing the negotiations, there is a lot of detail left; if the RFP option is taken out, the only deadline would be six months before the end of the contract; and he cannot give the Board an idea that in two months this will be wrapped up. 

 

Commissioner Scarborough stated the fallback position is to go for the renewal; and inquired what is the fine now if Waste Management does not perform and how does it work.  Mr. Rodriguez responded some of them are $10 per instance; and in August when the problem came before the Board, Waste Management was fined for a total of approximately $1,000.  Commissioner Scarborough stated the point is the Board is going to have a very rough decision; it would be nice if it were just selecting what color the garbage cans are; but it is going to have a rough decision on how much it pays for fines because the fallback position is the 5%; and the Board is talking about 16% at the minimal increase.  He stated normally the Board gets concerned when talking about 16% impact on the citizens; he does not think this is easy and does not know where it is going; but it is going to cross a point where the Board is not going to have any other idea of what is out there. 

 

Commissioner Voltz stated the motion is for option 1.  Commissioner Bolin advised it was to continue negotiations and not go out for RFP. 

 

Motion by Commissioner Scarborough, to amend the motion to get an RFP for the north area to get the available alternative options, current contingencies that exist in the best contracts, and see the best rates available, to assist the Board in negotiation with Waste Management.

 

 

Commissioner Scarborough stated the cost to the County would to hire a consultant.  Motion died for lack of a second.

 

 

Chairperson Colon called for a vote on the motion.  Motion carried and ordered unanimously. 

 

 

Commissioner Nelson stated because the Board still has until May, he would want to find out the number of housing units that are serviced in the District 2 area.  Mr. Rodriguez advised he will try to get that information as quickly as he can. 

 

The meeting recessed at 3:42 p.m. and reconvened at 3:54 p.m.

 

 

 

Don Brintle inquired what is the Board trying to do now; stated he still has what he had; everything is the same as it was; and he did not know this was going to be brought back.  He stated he thought it was done the last time he was before the Board. 

 

Steven Cross stated he is an employee of ATM Recycling; president and owner Gregory O’Leary could not be present today; and he understands they are reviewing options for consideration for zoning, but not any present Code issues.  He stated at the October 10, 2006 meeting, they were invited by staff to be part of the process; and they introduced themselves at that time.  He stated in 2000, O’Leary Enterprise-ATM Recycling started out with one pickup truck and one employee; it currently has three roll-off trucks and one modified 12-wheel transport vehicle for materials; they started out with one yard and now have one off S.R. 520 and one in Titusville; and they went from one employee to 27 employees.  He stated they are a professional company that tries to stay within the letter of the law; in paragraph 3 of the Agenda Report, it says on October 10, 2006, when ATM was before the Board, that abatement was not intended for recycling; but he did not leave feeling it was not intended for recycling, which is why they proceeded with business as it was.  He stated they felt they were safe before they changed location of the business from operating on a street corner off Clearlake Road to the old Dixon Electric property off of S.R. 520; and described the process and hearings they went through.  He stated they stuck with the letter of the law and went through all the processes to make the move; they were waiting for Zoning to produce the options for consideration; but because of a certain sequence of events, they were visited by Code Enforcement.  He noted that is not the issue today; and they support any decision the Board makes today, if it makes a decision at all on one of the four options. 

 

C. J. Chase stated he just heard about this on Friday when someone from Florida TODAY called him for an interview; he is the only person from an auto repair facility present; and he is not sure what is going on.  He stated he came to the Board  in October 2006 because he has a 50-foot long, 3-foot deep pit on his property that the County approved over 20 years ago, which he was told he was not allowed to use; and then he was given abatement until a study was done.  He stated he was under the impression that he was to be part of the study; but he never heard another word from anybody and never had another problem.  He stated he went on with business as usual, but did not sign papers to buy his property; his landlord was at the last meeting but could not be present today because she has pneumonia; and he thought there would be a study, someone would be talking to him, and he would be part of the resolution.  He stated someone from the newspaper called him on Friday to ask how he felt about this and explained that there was to be a meeting today.  He stated he is not sure whether he needs to speak now or after the options are heard; all the options look like they could work in one form or another depending on where someone is located; but regardless of the options, he feels his property should be grandfathered because the County did permit the pit when it was built.  He advised the pit was structurally engineered, permitted, and allowed to be there; he works on big equipment and does roadside service; and he can work on the side of I-95, but not on his own property.  He stated the equipment he works on does not fit in his building; he cannot even work on his own trucks in his building per the Code; the Codes are written a little odd; and commented on the Code relating to towing a vehicle.  He stated he does not feel that the Board should vote on this today without some kind of input from the people that it affects; he was told there would be a study; and inquired where is the study, where did staff get its information, what is the public input, and should they have a petition from the north end of the County.  He stated his business is in a very rural area; he is the furthest repair shop in North Brevard, approximately a mile south of S.R. 5A; and he handles a lot of breakdowns on I-95.  He stated I-95 is going to six lanes; and inquired if he is going to be forced to work in construction zones to repair these vehicles or is he going to be able to bring them to his shop to repair them.  He stated he has a vested interest in this property; he understands as new people come in, there may need to be different rules; but he has a structured pit that was approved by the County and he should be able to use it.  He stated he now has a six-foot fence; one of the things that is included is having a minimum six-foot fence; but he has been told that the Code does not allow anything higher than a six-foot fence; and inquired where they go from here.  He stated trucks can be up to 13’6” high; and inquired if he is to build a 14-foot fence or wall.  He stated that would not be very aesthetic to the community; and commented on a truck having to be on the property more than a couple of days in order to get parts.  He stated there are other issues; and he hopes the Board does not decide on anything today, but looks a little deeper into the issue with respect to the people who are involved. 

 

Ron Baran stated the speakers have been business owners, but he is one of the residents involved.  He stated he understands the trucking business is in North Brevard in the middle of nowhere and does not bother anyone, which is fine; another man owns a business and is the only person who lives next to it; but when the law gets so convoluted as to allow a large scale metal recycling business to abut a residential zone, something is amiss and needs to be fixed.  He stated he does not see how one plan could cover everything in the County; and it has to be done on a case-by-case basis.  He stated Commissioner Bolin said earlier that she was pleased with the new trash trucks because she no longer hears them going by in the morning; and inquired if the Commissioners would like to hear scrap metal being loaded and unloaded all day long, and sometimes in the night.  Mr. Baran stated it used to go on all day on Sundays; and the other night he was awakened at 12:30 a.m. by someone beating on metal with a sledgehammer.  He inquired if that is right; and stated he is speaking for the ten families in his neighborhood.  He stated he was present before and showed the Board a petition that everyone signed; and he is begging the Board  to give them some relief from this situation. 

 

Don Brintle stated he is not sure he is supposed to be here; a woman called him last night to tell him about the meeting; and he did not know anything about it. 

 

Commissioner Scarborough stated Mr. Baran really said it, it is location and neighbors; and of the four options, the one that is easily done is Option 2, the Conditional Use Permit.  He stated that would provide notice to the neighbors; the Board can put additional requirements in; and if the property owner violated the CUP, it could be revoked.  He stated it is the only option that meets the needs; each CUP is separate; and advised of the procedure for Conditional Use Permits.  He stated the other options are too general or make it where everyone has to come back with a new zoning request.        

 

Chairperson Colon inquired if Mr. Brintle will be affected by the motion the Board is about to make because she does not want a motion to approve something and not give him an opportunity to speak.

 

Commissioner Voltz inquired if the recycling business is next door to Mr. Baran, how will the County address this because it is after the fact; stated the business is already there and running; and inquired if the County can go back and look at different things that the recycling business will have to do.  She stated there are ten items listed for people requesting a Conditional Use Permit, but it is too late for this business because it is already there.  Planning and Zoning Director Robin Sobrino responded it is important to understand that these businesses and others in the County that are operating in a similar manner are not operating consistent with the current zoning regulations, and therefore are not legally established; if the Board goes forward to direct staff to proceed with an ordinance for a CUP to allow the businesses, each of the individuals, if they choose to continue to conduct business that way, would have to file for a CUP and have their request considered and approved by the Board.  Commissioner Voltz stated one gentleman said he had been there for 20 years; and she assumed everything was okay. 

 

Commissioner Nelson stated in the case of the recycling, the other option to bring it into compliance is to do everything indoors, which is not what the owner wants to do; and he moved at a time when there was abatement underway, but not in compliance with the current BU-2.  He stated the business has the option of coming into compliance or the ordinance is going to create the circumstances under which the business could receive a Conditional Use Permit; there may be additional conditions, buffers, distances, and those types of things to resolve the noise issue and other impacts; and the ideal circumstance would be if the business was still on Clearlake Road and making the decision to move based on what the Board is going to do, but it has already moved.  He stated he does not know about the towing issue. 

 

Commissioner Scarborough stated with the towing, if notice was sent out to all Mr. Chase’s neighbors and nobody showed up, the Board could be quite liberal; but if all the neighbors came and said they did not want have any banging on the outside or have operations on Sunday, the Board would end up with a whole set of parameters.  He stated it needs to be taken case-by-case; and the CUP is the only one of the four options that allows that.  Commissioner Voltz stated she agrees. 

 

Mr. Chase inquired how the Board can change something the County okayed 20 years ago.  Commissioner Scarborough stated if Mr. Chase already has the right, he might not need the CUP; everybody has his or her own particular case; and Ms. Busacca suggested the Board go ahead because this is the only viable option to solve the problem.  He stated the Board will consider a motion and then staff will be glad to meet with all interested parties to answer their questions as to the particulars.  Mr. Chase stated his fear is that a motion may be something that would lock him in; with Commissioner Scarborough advising the Board is giving him more rather than less. 

 

Motion by Commissioner Scarborough, seconded by Commissioner Nelson, to approve Option 2 to amend the BU-2 zoning classification to permit outside uses as a Conditional Use Permit.  Motion carried and ordered unanimously.   

 

 

 

Commissioner Nelson stated he wants to incorporate two of the options so it does not hold up the project; the recommended option would be Option 3; but failing the owner’s willingness to accept the counteroffer, the Board should proceed to eminent domain.  He advised that would be Option 3, followed by Option 2.    

 

Motion by Commissioner Nelson, seconded by Commissioner Voltz, to approve accepting the owner’s counteroffer in the amount of $23,755 plus approximately $5,000 in attorneys’ fees, but deny request for driveway locations that do not meet safety criteria; and if unsuccessful, pursue eminent domain by fast take.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Voltz stated Item 5 under the South Mainland Benefit District is for $176,000 for installation of a traffic signal at the intersection of Hollywood Boulevard and Henry Avenue, but it would only stay for approximately a year until the intersection is redone; the West Melbourne City Council made the decision to spend its impact fee for the installation; but she would like to remove that and go talk to the City Council.  She stated she has a problem with it; but she supports the rest of the items. 

 

Commissioner Scarborough stated on page 2, Item 3 for the North Mainland is an appropriation of an additional $281,599.07 impact fee for Park Avenue improvements; and it should include that the City will repay the County.  Transportation Engineering Director John Denninghoff stated this is actually the portion that is collected within the City.  Commissioner Scarborough stated they are beginning to blend these within the District; and he wants to have some accounting. 

 

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

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the project funding recommendations as prepared by the Technical Advisory Committees for the North Mainland, Central Mainland, South Mainland, South Beaches, and Merritt Island/North Beaches Transportation Impact Fee Benefit Districts, with removal of number 5, traffic signal at Hollywood Boulevard and Henry Avenue, from the South Mainland list; authorize the Budget Office to execute any budget changes required to implement project appropriations; and authorize the Chairperson to execute Disbursement Agreements with the Cities of Titusville, Rockledge, Indian Harbour Beach, and Satellite Beach, the Towns of Malabar and Indialantic, and the School Board.  Motion carried and ordered unanimously.

 

 

Commissioner Voltz stated under the South Beaches Benefit District, there is a sidewalk just south of Flutie Park that has not been done; and she was wondering if the Board could look into that. 

 

Vice Chairperson Scarborough suggested the Board revisit the motion; and stated the sidewalk could be done if there are sufficient funds as they move through the projects.  Commissioner Voltz stated that is fine.  Mr. Denninghoff stated he is confident that can be taken care of; he has not been able to speak to staff yet; but if there is a good project there, staff can take care of it.        

 

Motion by Commissioner Voltz, seconded by Commissioner Nelson, to approve the project funding recommendations as prepared by the Technical Advisory Committees for the North Mainland, Central Mainland, South Mainland, South Beaches, and Merritt Island/North Beaches Transportation Impact Fee Benefit Districts, with removal of number 5, traffic signal at Hollywood Boulevard and Henry Avenue, from the South Mainland list and approval of sidewalk south of Flutie Park if there is sufficient funding; authorize the Budget Office to execute any budget changes required to implement project appropriations; and authorize the Chairperson to execute Disbursement Agreements with the Cities of Titusville, Rockledge, Indian Harbour Beach, and Satellite Beach, the Towns of Malabar and Indialantic, and the School Board.  Motion carried and ordered unanimously. 

 

 

 

Scott Ellis stated the item is an extension of the Gas Tax Bond; he knows the Local Option Fuel Tax has been extended; what is being done is to bond out a revenue stream that starts in 20 years; and the discount on that is extreme.  He stated what they get for the ten-year revenue stream, beginning in 2027 is approximately $17 million out of the $60 million that is going to be collected; and there will be County Commissioners sitting on the Board in 20 to 25 years who will find their money has already been spent.  He stated when he and Commissioner Scarborough came on the Board, there was a Gas Tax Bond that had been passed, but at least those projects were ongoing while they were on the Board; it is difficult to take money that is collected 20 or 30 years in the future, spend it now, and have Commissioners on the hook with residents in 20 to 25 years out, trying to explain that they do not have anything left in the Gas Tax as it was bonded and spent in 2010.  He stated he has strong concerns about taking a revenue stream that far out because of the amount of discount.

 

Vice Chairperson Scarborough stated the further out they are looking, the less they have currently to spend; but the argument is that what they spend today, because of inflation, is going to buy a lot more than when they are further out.  He stated while they may discount $60 million down to $10 million, if they spent $10 million today, they might have to spend $60 million 30 years out to get the same amount of goods or services.  He stated there is a formula, but Mr. Ellis knows what he is saying. 

 

Mr. Ellis stated he understands the financial side of what Commissioner Scarborough is discussing; and inquired who is to say that 25 years from now the Board will have put the road in the right place.  He stated there has been growth throughout the County; there are roads in place now that 20 to 25 years ago, people would have never dreamed a road would be needed there; so what the Board is saying is that it has the forethought and foresight to pick road projects in 2010 that are going to be just as valid in 2030, which may not be the case.  He stated the Board is tying the hands of future Commissioners decades into the future for projects the Board is selecting now; and if the future Boards have projects they need to do, the current Board is using their revenue stream now.  He stated 25 years from now everything may be getting built in Scottsmoor and Micco; there is no way to know; but the Board is erasing the flexibility 20 to 25 years into the future by tapping into that revenue stream now.  

 

Commissioner Voltz stated Mr. Ellis said there were some brand new roads; and inquired what roads Mr. Ellis is thinking about.  Mr. Ellis responded when he came out of the Air Force and went to work at the Cape, he never dreamed that Murrell Road would be extended down to Wickham Road or that a road would be run out to the Viera Complex because the area was solid cows during all the years he drove back and forth to the Cape.  He stated the Palm Bay Beltway is probably a thought because of the issues in Palm Bay; but inquired when they put Grissom Road in, who would have thought that Port St. John would have growth like it has.  He stated now what they are seeing is North Cocoa; it had nothing out there in the years he drove to the Cape except for the BCC golf range; but the next thing they may find they need is a frontage road on the west side of I-95 by Port St. John to get to Canaveral Groves.  He stated there is no way to predict where growth will be in 20 to 25 years; it is difficult to sit on a Board where ones hands are tied because the money has been spent by ones predecessors; and at least when he was on the Board, they saw the roads, such as Courtenay Parkway, Minton Road, and Malabar Road, being done.  He stated the Board is talking about someone on the Board in 2035 and their gas tax was bonded out in 2010.  Vice Chairperson Scarborough stated

the person may not even have been born yet.  Mr. Ellis stated that is correct; and there will be people paying the gas tax who have not been born yet; and there is a huge discount the future out the revenue stream is taken.  He stated there are certain things like Solid Waste projections, which will be used by the entire County long-term; there is a 30 to 40-year expectation on many of the Solid Waste issues; but on road issues, the Board does not know what road needs will be 20 years from now.  He commented on estimates, not knowing where roads will be needed, and traffic jams in Viera that were unpredictable 20 years ago.                                   

 

Commissioner Nelson stated the Board has identified the road list; it is taking care of identified road needs; and he understands what Mr. Ellis is saying, but the dilemma is that if they do not do it, then all the roads that are projected to be built with this money are going to be over capacity, waiting for a road they may want to build in the future. 

 

Mr. Ellis stated this represents $17 million of the entire package; and inquired which road is the $17 million that will be built now when it could have been used by a future Commission at $50 million to $60 million.  He stated the Board is taking a deep discount because the revenue stream does not even start for another 20 years; he understands the concern with the roads; but the Board is spending money that is going to come to a Commissioner in District 2 in 25 years. 

 

Vice Chairperson Scarborough stated the argument is the other Commissioner will come in with a certain road need having been met.  Mr. Ellis stated that is true, if the Board picks the right things 25 years out, but that is tricky to do.  He stated it is a huge discount; many people will already be gone 30 years from now; and future Boards will be handicapped because they will not have the funds to handle the needs because of what the Board decades prior is doing.  He stated in the 1990’s the Board did not even extend the bonds because it felt that was for future Commissioners to decide.  Vice Chairperson Scarborough advised he was on the other side of that issue.  Mr. Ellis stated theoretically the Board could bond the Gas Tax all the way to 2050 or 2060 to get a few more nickels. 

 

Vice Chairperson Scarborough stated he talked to Ms. Busacca about this and has a concern about what is happening in the Legislature; and commented on money that may or may not be moved.  He stated the Legislature is over in the first week of May; and inquired if there is any harm in handling this item after that. 

 

Commissioner Voltz stated the Micco Road project in Barefoot Bay is waiting to let the bid; she has told them a couple of times within 60 days they will see something; it is a dangerous area; and she is concerned that if it is put off, pretty soon it is not going to get done. 

 

Commissioner Nelson stated a portion of this money was money that replaced General Fund money for Road and Bridge maintenance; and the County is going to be in a position of building a road and then laying off maintenance people.  Commissioner Voltz stated they have to build the road. 

 

County Manager Peggy Busacca stated as staff has watched the House and Senate proposals work through the system, it looks like the proposal is going to say that for the first two years there will be no way to override the amount of money that is going to be capped for ad valorem taxes.  She stated during the House proposal, there was the thought that this could all be overridden by a supermajority vote of the Board; but it looks like the Senate proposal that would not permit it to be overridden for two years is catching on.  Ms. Busacca stated that is like being put in time-out; they are going to be told for two years, the County is not allowed to do anything; and she wanted the Board to be aware that if next year the Board  says it wishes it had not done this and would like to use a supermajority to move beyond this amount, the $6 million will be tied up and there will be no flexibility.  She stated in a few weeks the Board may find out that is not the prevailing thought; but she wanted to make the Board aware that it looks at this point that the prevailing thought is the State will give the County the maximum amount of money for two years in a row. 

 

Commissioner Voltz stated they are talking about extending out Local Option Gas Tax and bonding it out; and she understands the ad valorem issue they will have to deal with.

 

Commissioner Nelson stated Road and Bridge was funded by almost half million dollars; and inquired what was the last number that was moved out of Road and Bridge; with Commissioner Voltz responding $1.6 million.  Commissioner Nelson stated that portion funded employees, services, and materials; that was all put into the General Fund because the Board wanted to bond the money; but that money is going away.  He stated the problem he has is that there will be a new road but he will not be able to fix potholes; District 2 got a minimal amount of the money; and that means other Districts’ roads will be in great shape, but District 2, which did not get any of the bonded money, is also going to lose the maintenance personnel to take care of the roads it does have. 

 

Commissioner Voltz stated at the same time, the money the Board was using from the Local Option Gas Tax should have been kept in Local Option Gas Tax; and she has been working hard since she was elected two and a half years ago, to put that money back into the Local Option Gas Tax.  She stated she is not going to change her position on that; the Board needs to move forward with it so it can do some roads; and nobody knows what is going to be done 25 years from now. 

 

Vice Chairperson Scarborough stated it takes three Commissioners to move something forward; and the Board will know where it is going when Commissioner Bolin tells it. 

 

Commissioner Bolin stated she has a road involved, Barnes Boulevard; but she is also very nervous about what is going on in Tallahassee, so she would like to know if the Board tables this for 30 days, what will that do as far as roads.  Commissioner Voltz stated it would kill her project.  Transportation Engineering Director John Denninghoff stated in the case of Barnes Boulevard, it will not have any impact; in the case of Micco Road, it will probably delay the project; if it is moved forward a month, it would probably delay it by two weeks; and if the Board does not move forward at all with the bonding, then the Micco Road project would be dead in the water.  He stated the only way he can think to fund the Micco Road project would be to then de-fund some other project on one of the earlier bonds, either Constitutional or the 2005 Local Option Gas Tax bonds, so that is the most immediate effect.  He advised any purchases of road right-of-way for the St. Johns Heritage Parkway that would have been funded out of these bonds the Board is discussing would not be able to occur; but if the Board goes forward with the bonds in a month, it would not be a big problem. 

 

Vice Chairperson Scarborough inquired what if the Board made a decision on May 10, 2007; with Mr. Denninghoff responding that would be fine.  Vice Chairperson Scarborough inquired how much would Commissioner Voltz’s projects be impacted if it was done on May 10, 2007; with Mr. Denninghoff responding if it was done on the 10^th, the project would not be impacted; but if they waited a month, there would be a two-week delay.  Commissioner Voltz stated if it is done on May 10, it is okay. 

 

Commissioner Bolin inquired if the Board will know anything from Tallahassee by then; with Ms. Busacca responding the session is supposed to be over on May 5, 2007. 

 

Vice Chairperson Scarborough stated there is a Board meeting on May 8, 2007 and a budget meeting on May 10, 2007; and that would give the Board more time and it is a budget issue.  He stated this is not going to be fun; he had a meeting with staff after Ms. Busacca talked to him; and the discussion was not about programs, but about people losing their jobs.  He stated how the Board does things have to reflect that; and inquired if May 10, 2007 is acceptable.  Commissioner Voltz stated May 10^th is fine.   

 

Motion by Commissioner Bolin, seconded by Commissioner Nelson, to table consideration of bond resolution and related documents for the Local Option Fuel Tax Revenue Bonds, Series 2007 to May 10, 2007.  Motion carried and ordered unanimously. 

 

 

 

Commissioner Nelson suggested having the Negotiating Committee continue the process, but stop short of actually initiating the contract; and stated there is a timeframe to go through this process.  Vice Chairperson Scarborough stated Commissioner Nelson is right; and if there is going to be collapse, the Board needs to be careful. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to authorize staff to proceed with negotiations for Architectural/Engineering Design Services and Construction Management (At Risk) Services for the expansion of the Harry T. and Harriette V. Moore Justice Center in Viera, with the stipulation that contacts will come to the Board for approval.  Motion carried and ordered unanimously.   

 

 

                                                                                         

Vice Chairperson Scarborough stated Mr. Enos advised him the recreational vehicle designation had a certain acreage that was arbitrary; and inquired what number would the Board want to move forward with. 

 

Zoning Manager Rick Enos stated he would prefer that the Board not specify a number but simply recognize that 100 acres may be too much; staff needs to do an analysis and figure out where the line is between a destination resort and a typical RV park; and he feels that number is substantially less than 100, but may be less than the 70 or 75 acres being considered.  Mr. Enos stated he wants a chance to look at that; and requested the Board direct staff to proceed with an analysis and come back.

 

Vice Chairperson Scarborough stated he does not need legislative intent because this is simple; he does not want Mr. Enos to do extra work; but it is hard to move to an ordinance without the numbers.  Mr. Enos suggested starting with 50.  Vice Chairperson Scarborough stated if there are any objections, the Board can change it. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to direct staff to proceed with an analysis concerning criteria for Recreational Vehicle Destination Resort from 100 acres to 50 acres.  Motion carried and ordered unanimously.   

 

 

Scott Ellis stated the item was added to the Agenda; it is an unusual item; and it is difficult to figure out.  He stated he does not see how the pond would be part of a trails project. 

 

Vice Chairperson Scarborough stated rather than belaboring the subject, he would prefer to table it and have people from the City of Titusville and from the Senior Center explain why they like the project. 

 

Mr. Ellis requested the County Attorney look at the item to make sure it is a lawful use of referendum funds; with County Attorney Scott Knox responding he has looked at it and thinks it is.  Mr. Ellis requested a written opinion; with Mr. Knox advising he will provide one. 

 

The Board reached consensus to table consideration of a Letter of Understanding with the City of Titusville for a stormwater retention pond to a future Board meeting.

 

 

Commissioner Nelson stated the Board has previously asked for a report on flag stem lots; and he would like to have that before making a decision.  Permitting and Enforcement Director Ed Lyon stated he anticipates the report will be back at the May 22, 2007 meeting. 

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to table consideration of waiver of Section 62-102 to allow a fourth and fifth lot to utilize the same easement for an additional building permit for Pete Abate to May 22, 2007.  Motion carried and ordered unanimously.   

 

Motion by Commissioner Nelson, seconded by Commissioner Bolin, to table consideration of waiver of Section 62-102 to allow a third lot to utilize the same easement for an additional building permit for Norman Kolsch to May 22, 2007.  Motion carried and ordered unanimously.   

 

 

 

Commissioner Nelson stated the contract is good; they have broken up their percentages; and there is a percentage that is assigned to administrative costs.   

 

County Manager Peggy Busacca stated she spoke with Chief Farmer; the 10% administrative cost is there because of previous Board direction that grant monies have administrative costs allocated rather than using staff overhead; and this money was not previously considered to be part and budgeted as part of administrative costs.  She stated Fire Rescue can handle this, but it would be a departure from previous Board policy. 

 

Commissioner Nelson stated staff is on board; they are going to be paid regardless; they have not anticipated this as a revenue for the Department; so they are not having to live off the 10%.  He stated he would prefer to see the 10% go into the EMS supplies or equipment that are going to be purchased as well as to the education process to give something back to the community rather than reimbursing a cost that is already covered. 

 

Motion by Commissioner Nelson, to take the 10% administrative cost and move that into the 5% for EMS equipment and 5% for education within the grant.

 

 

Commissioner Voltz stated she would like for the item to be tabled so she can look to see why the Board did it in the first place because she does not want to change policy. 

 

Motion by Commissioner Voltz, seconded by Commissioner Bolin, to table consideration of resolution and budget amendments for EMS County Grant.  Motion carried and ordered unanimously.  

 

 

 

Upon motion and vote, the meeting was adjourned at 4:45 p.m.

 

 

 

                                                                        _____________________________________

                                                                        JACKIE COLON, CHAIRPERSON

ATTEST:                                                         BOARD OF COUNTY COMMISSIONERS

                                                                        BREVARD COUNTY, FLORIDA

 

_____________________

SCOTT ELLIS, CLERK

         (S E A L)